Industrial Disputes Act, 1947—Section 2(p)—The National Coal Wage Agreement (NCWA), a settlement under Section 2(p) of the Industrial Disputes Act, 1947, provides for compassionate appointment or monetary compensation to dependents of deceased employees, without disqualification based on financial solvency or delay—NCWA clauses 9.3.0 to 9.5.0 must be strictly construed, and refusal of benefits under such binding settlements violates fundamental rights—Under Clause 9.5.0(ii), a female dependent below 45 years has the option to choose employment or compensation, a choice resting solely with her, leaving no discretion to the employer once eligibility is established—Public Sector Undertakings, deemed “State” under Article 12, are duty-bound to act fairly and promptly, ensuring dependents are not left ...

Quashed. (A) Bharatiya Nagarik Suraksha Sanhita, Section 528—Negotiable Instruments Act, 1881, Section 138—Quashing petition—Instant dispute arises out of non-refund of Rs. 42.28 lakhs allegedly given by the complainants for accommodating loan of Rs. 12 crores—It is undisputed from the facts of the case that the complainant/opposite party no.2 knew the petitioner and the attending circumstances before making payment of the aforesaid amount—Cheque issued by Broker, to the borrower, to get loan, towards the brokerage received in advance—Loan not disbursed—Dishonour of cheque, issued by Broker, is not an offence—Permitted to file Civil Recovery suit. (Paras 4, 16) (B) Bharatiya Nagarik Suraksha Sanhita, Section 528—Indian Penal Code, sections 406 or 417 or 420—Quashing petitio...

Evidence Act, 1872—Section 114 Illustration (g)—Scope and Admissibility—Adverse Inference—A Power of Attorney (POA) holder is authorized to act on behalf of the principal, including executing acts within the scope of the granted power—However, this authority does not extend to testifying in place of the principal on matters that fall within the principal’s exclusive personal knowledge, such as the principal’s state of mind or the manner and timing of acquiring particular knowledge—Such personal facts must be deposed to by the principal themselves—Where the principal is available but deliberately abstains from testifying (even through commission) on critical facts within their personal knowledge, the court may draw an adverse inference against the principal under Section 114 Illustratio...

Penal Code, 1860—Sections 467, 468, 471—Forgery of Valuable Security, Forgery for Cheating, Using Forged Document—Proof—Expert Evidence—Conviction under Sections 467, 468, and 471 IPC is sustainable where the prosecution establishes beyond reasonable doubt that the accused, a bank employee, forged documents pertaining to the encashment of a high-value cheque through a fictitious bank account and subsequently used such forged documents as genuine to cheat—Conclusive expert evidence, including handwriting analysis, plays a crucial role in proving the forgery and linking the accused to the offence. ...

A complainant cannot maintain a criminal revision or an application under Article 227 of the Constitution against an acquittal order in a complaint case due to the express bar under Section 401(4) CrPC—The Criminal Procedure Code prescribes specific remedies: victims may appeal under the proviso to Section 372 CrPC, while complainants in complaint cases may file an appeal under Section 378(4) CrPC, subject to obtaining special leave from the High Court within 60 days, as mandated by Section 378(5)—If such statutory remedies are not pursued, recourse to revisional or supervisory jurisdiction is impermissible—Though the High Court’s supervisory power under Article 227 is constitutionally conferred and cannot be curtailed by legislation, it is governed by self-imposed limitations—This jurisdiction is to be exerc...

This revisional application under Section 482 of the CrPC sought quashing of G.R. Case No. 35 of 2012, arising out of Hare Street P.S. Case No. 6 dated 02.01.2012 under Section 420 IPC, pending before the Chief Metropolitan Magistrate, Calcutta—The petitioner, Managing Director of Calcutta Chroma Type Pvt. Ltd., was accused by KCT Trading Pvt. Ltd. of cheating in a commercial transaction involving supply of paper—The dispute originated from alleged non-payment of dues amounting to ₹7.19 lakhs for supplies made, which the petitioner refuted citing quality and delivery issues—Relying on several Supreme Court precedents, the Court held that mere breach of contract does not constitute cheating under Section 420 IPC without evidence of fraudulent intent (mens rea) at the inception—The complaint lacked allegations indi...

Special Marriage Act, 1954, Section 31—The Calcutta High Court dismissed the suit for want of jurisdiction, allowing G.A. No. 2 of 2024 filed by the defendant seeking rejection of the plaint—The plaintiff sought a decree of mandatory injunction to restrain the defendant from instituting or continuing matrimonial proceedings in the Superior Court of California—However, both parties admittedly resided outside the jurisdiction of this Court, and their marriage was solemnized at Kulti, Paschim Bardhaman, also outside its jurisdiction—The Court held that under Section 31 of the Special Marriage Act, 1954, jurisdiction lies with the district court where the marriage was solemnized, the respondent resides, or the parties last resided together—none of which applied here—Reliance by the plaintiff on Madhavendra ...

Negotiable Instruments Act, 1881—Section 141—The Supreme Court reiterated that vicarious liability under Section 141 of the Negotiable Instruments Act, 1881 cannot be fastened upon a partner, including a designated partner of an LLP, or a company director, solely by virtue of their position—A complaint must specifically aver that the person was in charge of and responsible for the conduct of business at the time of the offence—Mere labels such as “key person responsible for management” or “jointly and severally liable” are inadequate, particularly where the accused has, in a detailed reply to the statutory notice, expressly denied involvement in the transaction or cheque issuance—If such specific denials are ignored in the complaint, the mandatory ingredients for establishing vicarious...

Civil Procedure Code, 1908—Order 6 Rule 17—A  suit involving a contractual pre-emption clause in a partition deed, the Supreme Court clarified key legal principles across evidentiary and contractual dimensions—It held that where a notice of intended sale is sent by certificate of posting to the correct address, a rebuttable presumption of service arises under Section 114(f) of the Evidence Act and Section 27 of the General Clauses Act—Mere denial of receipt or family testimony without cogent evidence does not rebut this presumption—Additionally, publication of the notice in a widely circulated newspaper constitutes valid constructive notice, and rejecting such publication as hearsay is incorrect when the notice contains verifiable details—The Court also affirmed that a pre-emption clause in a ...

Negotiable Instrument Act, 1881, Section 138—Criminal Procedure Code, 1973, Section 482—Petition to quash Cheque dishonour complaint—In the context of reply given by the petitioner herein denying his liability, the complainant failed to allege supporting facts if any—Averment in the complaint filed by the opposite party herein are not sufficient to satisfy the mandatory requirements under section 141 of N.I Act—Since the averments in the complaint are not sufficient to attract the rigour of section 141 to create vicarious liability upon the petitioner herein, he is entitled to succeed in this Application—The petitioner has therefore made out a case for quashing the criminal complaint in relation to him in exercise of the jurisdiction under section 482 of the Cr.P.C. (Paras 30,31) ...