Negotiable Instrument Act, 1881, Section 138—Quashing petition by Accused in the Cheque dishonour case—Held: Considering the material on record, the documents adduced by the petitioner cannot be said to be of such sterling and unimpeachable quality that it merits the quashing of the summons and consequential proceedings thereof—This Court can exercise its jurisdiction only upon unimpeachable and uncontroverted evidence being placed on record, however, in the absence of such evidence, the fact whether the accused person is responsible for the affairs of the accused company becomes a factual dispute, which is to be seen during trial—Needless to say, it will be open to the petitioner to justify the arguments taken by him regarding his retirement from the accused firm and non-involvement in the transaction during the c...

Arbitration and Conciliation Act, 1996—Section 34—Contract Act, 1872—Section 73—Judicial interference with international commercial arbitration awards is extremely limited—Courts may interfere only on grounds explicitly mentioned in Section 34(2), such as contravention of the fundamental policy of Indian law or conflict with basic notions of morality or justice—The ground of 'patent illegality' under Section 34(2A) is inapplicable to international commercial arbitrations—Courts cannot re-appreciate evidence or substitute their views for that of the arbitrator—Interpretation of contractual terms, including termination clauses, lies within the arbitral tribunal’s domain and is insulated from judicial review unless shown to be perverse or irrational—In assessing damages unde...

Civil Procedure Code, 1908—Order XII Rule 6—Courts may pass a judgment on admissions not only where admissions are express and unequivocal but also when the defence is patently untenable, illusory, or moonshine—In such cases, where the pleadings fail to raise any triable issue or legally sustainable defence, a decree may be passed without necessitating a full trial—The judgment clarifies that in eviction proceedings, a tenant cannot resist eviction merely by alleging an oral or unregistered agreement to sell the tenanted premises—In view of Section 53A of the Transfer of Property Act, 1882, and Section 17(1A) of the Registration Act, 1908, the doctrine of part performance cannot be invoked without a registered written agreement to sell—A mere agreement to sell, whether oral or unregistered, does not ter...

Railway Claims Tribunal Act, 1987—Section 123(c)(2)—The Delhi High Court upheld the dismissal of a compensation claim filed by the mother of the deceased, who allegedly died after falling from a moving EMU train between Tilak Bridge and Okhla stations—The Railway Claims Tribunal (RCT) had rejected the claim on the grounds that the deceased was not proved to be a bona fide passenger, as no train ticket was recovered and the testimony of his brother (AW-2) was found unreliable and inconsistent—The RCT also held that there was no credible evidence to establish that the death occurred due to an "untoward incident" as defined under Section 123(c) of the Railways Act, 1989—The Court found no eyewitness or circumstantial evidence to link the injury with a fall from a train—Relying on Union of India v...

he Rights of Persons with Disabilities Act, 2016, Sections 75 and 76 significantly enhance the authority of the Chief Commissioner for Persons with Disabilities (CCPD) compared to the repealed 1995 Act—Section 75 empowers the CCPD to inquire into deprivation of rights or safeguards of PwDs and issue both interim and final recommendations—Section 76 imposes a binding obligation on concerned authorities to act upon such recommendations—However, the proviso to Section 76 provides a limited exception—non-acceptance is permitted only for valid reasons, which must be communicated to both the CCPD and the aggrieved party—Importantly, this enforceability includes interim recommendations, strengthening the CCPD’s functional impact—The CCPD may also intervene in service matters, such as employee transfers, ...

Criminal Procedure Code, 1973—Section 340—The appellant filed an appeal challenging the Family Court's order dated 17.08.2024, which dismissed his application under Section 340 of the Cr.P.C—The appellant had accused the respondent of perjury, alleging false statements regarding addresses, income, and employment—The Family Court, after examining the explanations provided by the respondent, found them plausible and concluded that no inquiry was warranted—The Family Court ruled that the discrepancies were not substantial enough to warrant a perjury inquiry—Section 340 of the Cr.P.C—allows for prosecution in perjury cases only when the court deems it expedient in the interest of justice—The Supreme Court has emphasized that prosecution for perjury should be initiated only when there is deli...

Negotiable Instruments Act, 1881—Section 139—Once the execution of a cheque is admitted or proved, the presumption of consideration and the existence of a legally enforceable debt arise, shifting the burden to the accused to rebut these presumptions—The accused can challenge the presumption by providing direct or circumstantial evidence showing the non-existence of the debt, shifting the onus back to the complainant—A mere defense of stolen cheques, without corroborating evidence, is insufficient to rebut the presumption—The complainant is not required to prove financial capacity to advance the loan unless the accused successfully challenges the presumption, typically in their reply to the statutory notice—In appeals under Section 138, appellate courts may examine evidence to determine whether the presu...

Penal Code, 1860—Sections 279—Driving a vehicle at "high speed" alone does not automatically qualify as a "rash or negligent act." The prosecution must prove, beyond a reasonable doubt, that the speed was excessive in the specific circumstances and endangered human life or caused death—If witness testimony only mentions high speed without detailing rashness or negligence, it fails to establish the necessary elements for conviction—The prosecution also carries the burden of proving the driver’s negligence or rashness, and any gaps in the case benefit the accused—Furthermore, if evidence suggests an alternative cause of the accident, such as a tyre burst, it must be considered—The doctrine of res ipsa loquitur, which presumes negligence from the occurrence of an accident, has lim...

Criminal Procedure Code, 1973—Section 197—A private complaint case, a Magistrate must carefully scrutinize the pre-summoning evidence to ensure that there are sufficient grounds to issue summons against the accused—Summons should not be issued lightly or mechanically, and the material presented must disclose the essential ingredients of the alleged offences (Sections 204 CrPC)—Regarding public servants, Section 197 CrPC mandates prior sanction for prosecution when allegations concern actions taken during the discharge of official duties—Acts such as a police officer ordering a medical examination or a government doctor conducting an examination are typically considered acts in the discharge of official duty, thus requiring sanction for prosecution (Sections 197 CrPC)—Additionally, for a charge of c...

Arbitration and Conciliation Act, 1996—Section 48—The scope of review for refusing the enforcement of a foreign arbitral award is limited and narrow—Courts do not exercise appellate jurisdiction or re-assess the merits of the case—Enforcement can only be refused on the grounds specified in Section 48, which must be applied strictly—To refuse enforcement on the basis of public policy under Section 48(2)(b), the award must violate the most basic notions of justice or morality, a high threshold that goes beyond poor reasoning or mere errors of law or fact—Regarding damages for breach of contract under Sections 73 and 74 of the Contract Act and Section 59(1)(a) of the Sale of Goods Act, actual loss or damage must be proved, even if not mathematically precise—An Arbitral Tribunal's factual finding ...