Criminal Procedure Code, 1973—Section 482 [Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 528]—Alow courts to quash proceedings where allegations suggest mala fides, political rivalry, or abuse of process—The Court is not bound to accept charge sheet averments blindly but may examine materials, witness statements, and procedural lapses to assess the legitimacy of the proceedings, in line with Bhajan Lal guidelines—In cases invoking the SC/ST (Prevention of Atrocities) Act, 1989, particularly Sections 3(1)(r) and (s), cognizance requires prima facie proof of caste-based abuse in public view; proceedings based on hearsay, lacking eyewitnesses, or delayed statements may be quashed—Similarly, under Section 504 IPC, mere insult does not suffice—intent to provoke breach of peace must be shown—...

A.P. (Telangana Area) Abolition of Inams Act, 1955, occupancy rights certificates (ORCs) cannot be granted for lands falling within explicitly excluded categories such as tank beds, Full Tank Level (FTL), submerged areas, or irrigation works—These lands vest absolutely in the State free of encumbrances under Section 3(2)(b) of the Act—A key prerequisite for granting an ORC is that the applicant must be in personal cultivation of the land as on the vesting date (01.11.1973)—If the land was submerged within a tank’s FTL on that date, it cannot meet this requirement, and the grant of an ORC is invalid—Water bodies, including tank beds, must be preserved and cannot be granted for agricultural purposes—The Joint Collector, acting under Section 24, can set aside illegal ORC grants if they violate statutory pr...

Criminal Procedure Code, 1973—Section 482—A petition seeking quashing of an FIR is liable to be dismissed if the petitioner approaches the Court with unclean hands, suppressing material facts—In this case, petitioners' false claim of ignorance regarding a sub-contract agreement, despite evidence to the contrary, bars them from invoking the Court's inherent jurisdiction—The power to quash an FIR should be exercised sparingly and only if the allegations, on their face, do not disclose a cognizable offence—Courts cannot prematurely block an investigation when the complaint outlines criminal offences—The mere existence of a contractual relationship does not preclude criminal prosecution if it reveals elements of offences such as cheating, criminal breach of trust, or trespass—Factual disp...

Land Acquisition Act, 1894—Section 23(1)—The determination of compensation for acquired land involves assessing its market value based on factors such as proximity to developed industrial and residential areas, availability of amenities, and future development potential—The Reference Court may enhance compensation by considering comparable sale deeds executed prior to the Section 4(1) notification, especially when the initial notification lapsed and a fresh notification was issued—In this case, reliance on such sale statistics and the land's high potentiality justified the compensation enhancement, while further enhancement was denied as the Reference Court's valuation was well-supported by evidence—Regarding Section 23(1-A), the additional market value is applicable from the date of the Section 4(1) ...

Companies Act, 1956—Section 446—An ex-director of a company in liquidation has locus standi to challenge the actions of a secured creditor if those actions could harm the liquidation process or the interests of other creditors, provided the challenge is based on valid legal grounds—A secured creditor opting out of the winding-up proceedings can enforce its security interest under the SARFAESI Act, 2002, without seeking leave from the Company Court, as the SARFAESI Act overrides the provisions of Section 446 of the Companies Act—However, the Official Liquidator (OL) must be involved in the process, particularly regarding asset valuation, sale, and ensuring compliance with provisions on workmen’s dues—The secured creditor is also required to issue notices to the OL as the borrower under Sections 13(2), 13...

Land Acquisition Act, 1894—Section 23—In a land acquisition case, the Reference Court enhanced the compensation for high potentiality land acquired in 1990, located near developed industrial and residential areas—The claimant produced sale deeds showing the land value at Rs.150/- per sq.yd, while the Land Acquisition Officer (LAO) initially awarded Rs.70-75/- per sq.yd based on different statistics—The Reference Court, considering the claimant's evidence and the land's high potential, increased the compensation to Rs.170/- per sq.yd, which was upheld by the court—Additionally, the court modified the calculation of the 12% additional market value under Section 23(1-A) of the Land Acquisition Act, directing it to be calculated from the date of the Section 4(1) notification to the date of the award, rath...

Evidence Act, 1872—Sections 73—The petitioner filed two Civil Revision Petitions under Article 227 of the Constitution of India, challenging the orders passed by the Senior Civil Judge, Ranga Reddy District, in I.A. No. 764 of 2023 and I.A. No. 887 of 2024, in O.S. No. 1041 of 2022—The suit sought a perpetual injunction against the defendants concerning the suit property—Respondent No. 1 filed an application for the rejection of certain documents, including photocopies of agreements of sale, while the petitioner sought permission to lead secondary evidence for the documents obtained under the Right to Information Act, 2005—The Trial Court rejected the application to lead secondary evidence and allowed the objection to the documents—The petitioner contended that the documents were valid under the Right t...

Evidence Act, 1872—Section 27—The court emphasizes the principles governing circumstantial evidence in criminal law—The prosecution must establish a complete and unbroken chain of evidence that unequivocally points to the guilt of the accused and excludes every hypothesis of innocence—Suspicion, however strong, cannot replace the legal proof required for conviction—Motive, though relevant, cannot compensate for a broken or inconclusive chain of circumstantial evidence—The reliability of recovery evidence is questioned when panch witnesses provide inconsistent accounts or have vested interests—Establishing the linkage between the accused and the crime vehicle is crucial, but contradictions in ownership, repair, and identification weaken this connection—Witness testimonies with significant con...

Specific Relief Act, 1963—Section 28—Specific Performance of Contract—Extension of Time—Discretion of Court—Failure to Show Readiness and Willingness—The petitioner (defendant) challenged the order granting extension for depositing the balance sale consideration in a suit for specific performance—The trial court had directed the plaintiff (respondent) to deposit the amount within one month, but the plaintiff failed to comply and sought an extension five years later—The defendant argued that the plaintiff did not provide satisfactory reasons for the delay, and no deposit was made along with the application—The lower court relied on case law, but the defendant contended that the specific performance decree should not be extended based on vague explanations—The court emphasized that...

Hindu Marriage Act, 1955—Section 29(2)—Hindu Marriage Act—Void Marriage—Customary Divorce—Alimony—Limitation—Bigamy—Rape by Deception—Procedural Requirements—A marriage solemnized under the Hindu Marriage Act, 1955 is void ab initio under Sections 5(i) and 11 if either party has a living spouse from a prior valid marriage, unless a valid customary divorce can be established—Under Section 29(2), such custom must be specifically pleaded and proven with cogent evidence; mere assertions are insufficient—While Rule 8(3) of the A.P—High Court Rules mandates impleading the first spouse in a petition for nullity, non-impleadment is not fatal if impractical or unnecessary—The second spouse in a void marriage is entitled to claim maintenance and permanent alimony un...