Negotiable Instruments Act, 1881—Sections 138, 141—Vicarious Liability—Impleadment of Company/Firm as Principal Accused—Mandatory—It was held that for vicarious liability under Section 141 to be attracted, the company or firm must be arrayed as an accused—The absence of the principal accused renders proceedings against directors or partners unsustainable, except in exceptional circumstances where prosecution of the company is legally barred (e.g., it has ceased to exist)—[Aneeta Hada v. Godfather Travels followed]. Curable Defect—Amendment of Complaint—Maintainability—Where the complaint failed to implead the firm but named its proprietor/partner, and cognizance had not effectively been taken, the Court allowed a formal amendment to implead the firm, holding that such curable ...

A. Civil Procedure Code, 1908 (CPC)—Order 41 Rule 27—Additional Evidence—Application to produce additional evidence by recalling witness and leading defense evidence due to alleged negligence of previous counsel rejected for lack of exceptional circumstances, particularly as appellant, an established international company, is expected to exercise vigilance and not be negligent in pursuing its case. (Paras 53–55) B. Evidence Act, 1872—Section 65B—Electronic Record—Objection to admissibility of e-mail communication on grounds of non-compliance with Section 65B raised first time on appeal; court allowed production of Section 65B certificate at appellate stage as appeal is continuation of proceedings and defect is curable, consistent with Supreme Court precedents. (Paras 50–52) C. Contract...

A. Arbitration and Conciliation Act, 1996—Section 34—Setting Aside Arbitral Award—Delay in Pronouncement—Inordinate and unexplained delay of 19 months in pronouncing arbitral award violates public policy and basic notions of justice under Section 34(2)(b)(ii), rendering the award liable to be set aside. (Para relevant) B. Arbitration and Conciliation Act, 1996—Section 34—Scope of Interference—Court’s jurisdiction under Section 34 is not appellate; interference is limited to grounds specified, including violation of fundamental policy of Indian law and principles of natural justice. (Para relevant) C. Arbitration and Conciliation Act, 1996—Section 34(2)(b)(ii)—Public Policy of India—Delay—Repeated judicial pronouncements have held that an arbitral award passed af...

A. Criminal Procedure Code, 1973 (CrPC)—Section 378—Appeal against Acquittal—Appellate court must exercise caution in reversing acquittal—Presumption of innocence is strengthened by acquittal, and due weight must be given to trial court’s assessment, benefit of doubt, and the advantage of observing witnesses firsthand. (Paras 12, 13) B. Penal Code, 1860—Sections 394, 397, 34, 411—Robbery, Hurt in Robbery, Common Intention, Dishonest Receiving—Acquittal Justified—Prosecution’s case was unsupported by medical records and DD entries which mentioned only assault or quarrel, not robbery—Delayed and tainted identification of accused, along with improper recovery of items (unsealed purse and ID cards), created serious doubts—Defence evidence further contradicted the prose...

A. Civil Procedure Code, 1908 (CPC)—Order I Rule 10(2)—Impleadment of Paramour in Divorce Proceedings—Necessary and Proper Party—Allegations of adultery require impleadment of the alleged paramour to ensure natural justice and complete adjudication—Impleadment is a substantive safeguard, not merely procedural. (Paras 15, 16, 17, 23) B. Hindu Marriage Act, 1955—Section 13(1)(i)—Adultery—Specific pleading of “sexual intercourse” is not mandatory—Material facts including particulars of travel, stay, and intimate communication, collectively, suffice to convey charge of adultery with reasonable clarity. (Paras 18, 19, 20) C. Family Courts Act, 1984—Section 14—Evidence—Family Courts have wide latitude to receive any report, statement, document, or informat...

A. Penal Code, 1860—Sections 392, 394, 397—Robbery, Robbery with hurt, Robbery with attempt to cause death or grievous hurt—Conviction upheld—Eyewitness testimony identifying appellant as using knife during robbery, supported by recovery of stolen items and weapon, with no material contradictions or credible defence, establishes guilt beyond reasonable doubt. (Paras 3, 5) B. Probation of Offenders Act, 1958—Benefit of probation—Applicability despite mandatory minimum sentence under Section 397 IPC—Supreme Court ruling in Lakhvir Singh & Ors. v. State of Punjab & Anr. (2021) 2 SCC 763 clarifies that mandatory minimum sentence does not exclude judicial discretion to grant probation in appropriate cases. (Paras 9, 10, 11, 12) C. Probation of Offenders Act, 1958—Grant of probation&...

Advocates Act, 1961—Section 35 Professional Misconduct and Bar Council Proceedings—Under Section 35 of the Advocates Act, 1961, complaints of professional misconduct against lawyers were dismissed by both the Bar Council of Delhi and the Bar Council of India—The appellant failed to establish a professional relationship with the lawyers, which is essential to sustain such complaints—It was held that lawyers have a duty to act on their client’s instructions and are not obligated to investigate or verify the truthfulness of the client’s case prior to representation—Mere representation of a client whose case later proves false does not amount to professional misconduct—(Paras 1.1, 1.2, 4, 6, 7) Further, under Section 48A, the Bar Council of India dismissed the revision petition against t...

Arbitration and Conciliation Act, 1996—Section 34—Setting Aside Arbitral Award—Grounds and Scope—The Court’s interference under Section 34 is narrowly confined to limited grounds such as conflict with the fundamental policy of Indian law, violation of natural justice, and patent illegality—An award that rewrites contractual terms, relies on unpleaded grounds, lacks evidentiary basis, or foists a bargain not entered into shocks the conscience and is liable to be set aside—The arbitrator’s role as the final arbiter includes interpretation of contract and evidence, but must not exceed express contractual terms or substitute a new contract. (Paras 18, 19, 20, 33, 65, 66, 67, 68, 79) Violation of natural justice arises where the arbitrator relies on unpleaded material or issues without affordi...

Trademarks Act, 1999—Copyright Act, 1957—Passing Off—Interim Injunction—Prior Use—Fabricated Evidence—Injunction Granted—In a suit for trademark infringement and passing off, the plaintiff sought an interim injunction against the defendant for using a deceptively similar bird device mark in respect of identical goods—laundry and cleaning products. The plaintiff claimed prior use and registration since 1942/1998, supported by the designer’s account (1999), national rollout from November 1998, and a Chartered Accountant’s certificate showing sales since 2000. (Part A) The defendant claimed prior use since 1976, relying primarily on a 1997-dated newspaper clipping. However, the court found the clipping prima facie fabricated as it reported events from 2005 and 2012, making its au...

Companies Act, 1956—Section 483—Refund of OTS Deposit—Appropriation Without Consent Unjustified—Appeal Dismissed—An appeal was filed against an order directing refund of ₹1 Crore deposited by the Respondent towards a One Time Settlement (OTS) proposal with the Appellant bank—The OTS proposal did not materialize due to failure of a potential buyer and pending disputes over land ownership—The Respondent sought a refund citing non-finalization of the settlement—The Appellant bank claimed it had appropriated the amount towards dues of another company, MSL, based on a letter from MSL. (Paras 1, 2, 7–9) The Court held that the bank's appropriation was not supported by the Respondent’s consent or knowledge—The contention that the Respondent had stepped into the shoes of M...