A. Criminal Procedure Code, 1973 (CrPC)—Section 309—Speedy Trial—Mandates day-to-day proceedings once witness examination begins; adjournments require special reasons to ensure timely conclusion of trial. (Para 16) B. Protection of Children from Sexual Offences Act, 2012 (POCSO Act) & SC/ST Act, 1989—Gravity of offences—Allegations under these Acts are serious and must be carefully weighed during bail proceedings. (Para 13, 14) C. Bail Application—Consideration—At bail stage, court need not probe contradictions or assess strength of evidence; it suffices to see if a prima facie case exists based on investigation material. (Para 13) D. Bail Application—Rejection—Serious charges under POCSO/SC-ST Act, supportive victim statements, risk of witness influence, and advanced tria...

Motor Vehicles Act, 1988—Section 173—Motor Accident Claims—Driver Competence, Non-joinder, and Compensation—Under Section 173 of the Motor Vehicles Act, 1988, a driver holding a valid Light Motor Vehicle (LMV) licence is competent to drive a transport vehicle within the prescribed weight limit; the distinction between LMV (Private) and LMV (Transport) is not a bar if the vehicle falls within the LMV category, relying on Mukund Dewangan v. Oriental Insurance Co. Ltd. (Para 12). Under Section 166, non-joinder of parties, such as the owner and insurer of another vehicle, does not invalidate a claim where negligence is solely attributable to the offending vehicle (Para 13)—Compensation calculation applies the multiplier method for age 36–40 years, with a one-fourth deduction for personal expenses when there...

Tender Proceedings—Rejection of Bids—Judicial Review and Eligibility Criteria—In tender proceedings, courts will not ordinarily interfere with the rejection of a bid unless the decision is mala fide, arbitrary, or irrational—The tendering authority, as the author of tender documents, is best placed to interpret qualification criteria, technical requirements, and documentary compliance—A bidder must strictly adhere to the express conditions regarding ownership/lease of machinery, qualifications of technical personnel, and prescribed formats for bank certificates and authority letters; failure to comply justifies rejection and does not constitute illegality—Late objections to another bidder’s eligibility are not entertained if raised after the objector’s own bid is disqualified—In infras...

Public Service Commission—Age Limit Relaxation—Uttarakhand Public Service (Relaxation in Age Limit for Recruitment) Rules, 2003, Rule 3; Uttarakhand Medical and Health Service Rules, 2014, Rule 10; Uttarakhand Recruitment in Service Upper Age Limit Rules, 2014, Rule 2—Quashing of order refusing relaxation—The State Government and Public Service Commission possess statutory power to grant age relaxation under the relevant Uttarakhand rules—While candidates have no indefeasible right to claim relaxation, the authorities must consider representations on merit and exercise discretion before rejecting requests—In the present case, the petitioner's representation for relaxation of upper age limit was rejected without considering the statutory power, rendering the order unsustainable—Prescription of ...

Real Estate (Regulation and Development) Act, 2016—Promoter Liability, Development Agreements, and Recovery Proceedings A. Promoter—Definition (RERA Section 2(zk))—A promoter includes any person who develops land into a real estate project for sale of plots, whether with or without structures, and includes assignees of the promoter (Para 12). B. Liability for Non-Delivery (RERA Section 31)—When a promoter fails to deliver possession or refund money collected from allottees, a RERA authority can direct refund with interest and impose penalties—Allottees are entitled to recover dues through appropriate proceedings (Para 6). C. Development Agreement—Rights and Liabilities—An owner transferring absolute rights and possession of land to a developer remains indirectly liable toward allottees if...

Penal Code, 1860—Section 307—Attempt to Murder—Appreciation of Evidence—Burden of Proof—Criminal Procedure Code, 1973—Sections 313, 437A—Evidence Act, 1872—FIR Delay—Acquittal—To sustain a conviction under Section 307 IPC, the prosecution must establish beyond reasonable doubt that the accused intended to cause death or such bodily injury as was likely to cause death—Material contradictions regarding the sequence of events, identification of the assailant, recovery of evidence, and inconsistencies between the FIR and testimony of the injured witness fatally undermine the prosecution case—Unexplained delay in lodging the FIR, despite proximity of the police station, raises serious doubts about the prosecution version—Testimony of an injured witness, though releva...

Criminal Law—Bank Account Freeze—Quashing under Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528: The High Court may invoke its inherent jurisdiction to quash a bank account freeze imposed without judicial sanction—While temporary freezes during investigation are permissible to preserve assets, continuous debit freezes after submission of the charge-sheet, based solely on administrative communications, are arbitrary, illegal, and an abuse of process—Post-investigation, the authority to regulate property vests with the trial court, not bank officials—Unchecked administrative restraints violate the accused’s rights and circumvent judicial oversight—The impugned freeze order by the branch manager is quashed, and accounts are directed to be de-frozen. ...

Penal Code, 1860—Sections 302, 304 Part I, 224—Exception 4 to Section 300 IPC—Criminal Procedure Code, 1973—Sections 313, 174 CrPC—Evidence—Confession and Witnesses: Appellant, in police custody for a theft case, attempted to escape and caused death of a constable—Conviction under Section 302 IPC (murder) was altered to Section 304 Part I IPC (culpable homicide not amounting to murder) applying Exception 4 to Section 300 IPC, as the act occurred in a sudden fight without premeditation, undue advantage, or cruelty—Offence under Section 224 IPC (resistance to lawful apprehension) was proved—Defective examination under Section 313 CrPC and admissibility of prior confessions considered—Independent witnesses and corroborative evidence sufficed; absence of FIR number in inquest report ...

Criminal Procedure Code, 1973—Section 313—Examination of Accused—Prejudice and Remand—Penal Code, 1860, Section 302—In a murder trial, defective examination of the accused under Section 313 CrPC, where vital incriminating circumstances were not separately put to him, vitiates the conviction and prejudices the appellant—The appellate court may remit the matter for fresh examination, allow further explanation if no prejudice exists, or decide on merits considering delay and sentence undergone—Each incriminating circumstance must be specifically addressed; a vague or omnibus question is insufficient—Ensuring a fair trial outweighs delay concerns—Conviction under Section 302 IPC was set aside, and the case remanded to the trial court for de novo examination under Section 313 CrPC, with dir...

Civil Procedure Code, 1908 (CPC)—Order 6 Rule 17—Amendment of Pleadings: The proviso to Order 6 Rule 17 applies only after the trial has commenced, i.e., when evidence recording begins; mere framing of issues does not attract the proviso—Amendments that are explanatory or clarificatory, aid in adjudicating the real controversy, and do not cause irretrievable prejudice should generally be allowed—Section 10—Res Sub Judice: The principle of res sub judice applies only when the matter in issue, parties, and reliefs in both suits are directly and substantially the same; distinct transactions or causes of action do not bar amendments or subsequent suits—Malafide—Amendment of Pleadings: Malafide must be established with material evidence, not presumed from overlapping facts—Procedural Law—Ob...