A. Penal Code, 1860 (IPC)—Sections 341, 376—Appeal by de-facto complainant against acquittal—trial court judgment not based on proper appreciation of evidence—victim was deaf and dumb making false implication less probable—prosecution established guilt on evidence—trial court erred in acquittal—appeal liable to be set aside. (Paras 3, 4, 5, 6) B. Penal Code, 1860 (IPC)—Sections 341, 376; Evidence Act, 1872—Section 114A—prosecution case that evidence established sexual intercourse and victim named accused—presumption under Section 114A shifts onus on accused to rebut—trial court was not justified in acquitting accused without addressing the statutory presumption. (Para 7) C. Penal Code, 1860 (IPC)—Sections 341, 376—appeal by de-facto complainant again...

A. Penal Code, 1860 (IPC)—Sections 498A, 302, 201, 34—Cruelty, Murder, Causing Disappearance of Evidence, Common Intention—Appeal Against Acquittal—Court may re-appreciate evidence in an appeal against acquittal, but interference is warranted only if the trial court’s conclusion is based on misreading of evidence or erroneous understanding of law—Where two plausible views exist, the one favouring the accused should be adopted. (Para 65) B. Penal Code, 1860 (IPC)—Sections 498A, 302, 201, 34—Circumstantial Evidence—Prosecution failed to establish physical or mental cruelty; independent witnesses stated absence of matrimonial discord, and two witnesses confirmed that the victim lived happily, weakening the case of cruelty. (Para 64) C. Penal Code, 1860 (IPC)—Sections 498A, 302...

A. Probate—Application for Grant of Probate—Will challenged as vague, forged, or fabricated, with allegations of false signatures and initials, and claims of testator’s lack of testamentary capacity, undue influence, and coercion—Plaintiff’s case was that the Will was duly executed and attested, and that the testator had severed ties with the defendant son. (Paras 1, 2, 3, 5, 6, 9) B. Probate—Validity of Will—Evidence of Attesting Witnesses—Plaintiff examined two attesting witnesses and the draftsman of the Will, all of whom testified that the testator signed the Will in their presence and in the presence of each other—Cross-examination did not undermine their testimony. (Paras 10, 16, 21, 22, 35) C. Probate—Genuineness of Signature—Defendant admitted the testator&rsq...

A. West Bengal Land Reforms Act, 1955—Sections 8 & 9—Right of pre-emption—Co-sharer status—To sustain a claim for pre-emption, the applicant must establish that they hold an undivided interest in the same plot as the transferee—Where the conveyance itself transfers distinct, well-demarcated portions, the purchasers of such portions do not acquire joint or undivided interests in the entire plot and therefore cannot be regarded as co-sharers inter se. (Paras 22, 23, 25, 30, 37) B. West Bengal Land Reforms Act, 1955—Section 8—Pre-emption—Sale of a demarcated portion—The statutory right of pre-emption applies to transfers of a “portion or share” in a plot—When the transfer relates to an entirely marked-out, identifiable part of the plot, the purchaser becomes exclu...

A. Commercial Courts Act, 2015—Section 2(1)(c)(vi)—“Commercial dispute”—Construction and infrastructure contracts arising from tender processes—A development agreement for a housing project that includes construction of internal roads, drainage, sewerage networks and similar infrastructural facilities, and which originates from a public tender, constitutes a “commercial dispute” within the meaning of Section 2(1)(c)(vi)—The Act does not draw a distinction between construction contracts and development agreements for determining commercial jurisdiction—A purposive construction of the statute requires classification based on the presence of construction/infrastructure obligations and the tendering process. (Paras 66, 67) B. Commercial Courts Act, 2015—Section 2(1)(c)(vii)&...

A. Civil Procedure Code, 1908—Order 22 Rule 3; Order 30 Rule 4—Substitution of legal heirs—Partnership suits—Where a partner of a registered partnership firm dies during the pendency of proceedings, his legal heirs cannot be compelled to step into the partnership—If the partnership deed contains a clause permitting continuation of the firm by surviving partners and providing an option to purchase the deceased partner’s share, the firm does not dissolve merely because the legal heirs decline to join—Substitution of legal representatives is limited to representing the deceased partner’s estate and cannot be used to force partnership status. (Paras 1, 2, 3, 16, 17, 19–21, 31–33) B. Partnership Act, 1932—Section 46—Rights of legal representatives upon dissolution&mdash...

A. Commercial Courts Act, 2015—Section 12A—Pre-litigation Mediation—Dispensation—Law mandates pre-litigation mediation before filing a suit unless urgent interim relief is contemplated—Court may grant dispensation if plaint averments indicate plaintiff’s belief in need for urgent relief—Determination is based solely on pleadings and relief sought, not merits or eventual success—Plaintiff’s contemplation of urgency is decisive, not certainty of obtaining relief or timing of cause of action. (Paras 15–17, 21–23, 26, 28) B. Commercial Courts Act, 2015—Section 12A—Dispensation of Mediation—Withdrawal Application—Defendant’s application to revoke dispensation dismissed—Plaintiff’s averments of defendant’s precarious financial po...

A. Penal Code, 1860 (IPC)—Sections 302/34—Murder and Common Intention—Conviction based on eyewitness testimony and medical evidence affirmed; court upheld trial court’s finding of guilt and sentence. B. Penal Code, 1860 (IPC)—Sections 302/34—Appeal Against Conviction—Prosecution successfully proved charges with convincing evidence; appeal dismissed and conviction maintained. C. Criminal Procedure Code, 1973—Section 313—Examination of Accused—Accused pleaded innocence under Section 313 CrPC; no defence witnesses examined. D. Criminal Procedure Code, 1973—Section 428—Detention Period—Period of detention undergone by appellant directed to be set off against substantive sentence. E. Evidence—Eyewitness Testimony and Corroboration—Court relied...

A. Negotiable Instruments Act, 1881—Sections 138 & 141—Dishonour of cheque; vicarious liability of directors—Acquittal upheld—Complainant loaned Rs.45,00,000 to company; cheque for Rs.45,00,000 dated 31.03.2015 was dishonoured (account closed)—Trial court convicted the signatory director but acquitted other directors; appeal (CRA(SB)144/2022) challenged those acquittals on basis of Section 141 vicarious liability—Held: prosecution’s sole witness (PW1) lacked personal knowledge of the transaction and failed to legally ratify the complaint; affidavits filed by accused without affirmation cannot substitute for oral evidence; trial court’s appreciation that directors (other than the signatory) were not shown to have been in charge of day-to-day affairs at the relevant time was a plausible vi...

Criminal Liability of Corporate Employees under Sections 138 & 141 of the Negotiable Instruments Act (N.I. Act)—The liability of an employee or director under Section 138 of the N.I. Act for dishonour of cheque can be fastened only if such person was in charge of and responsible for the company’s operations at the material time—Mere past association or resignation prior to the alleged offence negates vicarious liability under Section 141—The complainant must establish specific knowledge and authority of the accused at the relevant time—Evidence without personal knowledge or proper authorization fails to sustain the complaint—In appeals against acquittals, the High Court’s power to reappreciate evidence is qualified; acquittals should not be reversed without demonstrating illegality or perversi...