Criminal Procedure Code, 1973—Section 313—Examination of Accused—Scope and Purpose—Section 313 of the CrPC serves a vital purpose by affording the accused an opportunity to personally explain any incriminating circumstances that have emerged during the prosecution’s evidence—The provision ensures compliance with the principles of natural justice and fair trial, enabling the accused to present their version of the facts and respond to the prosecution’s case—It is not a mere formality but a substantial right meant to allow the accused to offer clarification or rebuttal. ...

Penal Code, 1860—Sections 306 & 107—Abetment of Suicide—To convict for abetment of suicide, the prosecution must prove beyond reasonable doubt that the accused intentionally instigated or actively aided the suicide with a clear mens rea, as defined under Section 107 IPC—Mere allegations of harassment, frequent quarrels, or strained relations are insufficient; there must be a proximate, direct or indirect act of instigation leaving the deceased no option but to commit suicide—Instigation entails an active mental process involving words or conduct aimed at stimulating the act, and ordinary domestic discord or emotional outbursts do not amount to instigation—In appreciating evidence, courts must carefully scrutinize specific proof rather than rely on omnibus allegations—The absence of eyewitness ...

Prevention of Corruption Act, 1988—Section 19—Prosecution Sanction—Application of Mind—The validity of sanction for prosecution under Section 19 of the Prevention of Corruption Act, 1988, hinges on the sanctioning authority having applied its mind to the facts and circumstances of the case and the evidence gathered during investigation—The authority must independently evaluate whether a prima facie case exists warranting prosecution—In trap cases, this includes careful consideration of crucial elements such as demand, acceptance, and recovery of illegal gratification—Mechanical or perfunctory grant of sanction without due application of mind renders the sanction vulnerable to challenge. ...

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013—Sections 64, 74—Constitution of India—Article 226—Alternative Efficacious Remedy—Writ Jurisdiction — The 2013 Act constitutes a self-contained code offering specific statutory remedies for aggrieved persons challenging a Collector’s award on compensation—Under Section 64, an aggrieved person may seek a reference to the Authority for objections to the award, including the adequacy of compensation—A further appeal lies to the High Court under Section 74 against the Award passed by the Authority under Section 69—In light of this comprehensive remedial framework, the High Court will ordinarily not exercise its writ jurisdiction under Article 226 to interfere with the Collec...

Civil Procedure Code, 1908—Sections 9 & 54—Jurisdiction of Civil Court—Composite Suit for Partition—Agricultural and Non-Agricultural Property—In a composite suit for partition involving both non-agricultural immovable properties and agricultural land, the Civil Court has jurisdiction under Section 9 CPC to adjudicate the entire dispute, including determination of the parties’ shares in agricultural land—It is erroneous for the trial court to decline jurisdiction over agricultural property and direct the parties to approach the Revenue Court for that portion—The Civil Court is competent to determine shares in the entire suit property—both agricultural and non-agricultural—though the actual partition by metes and bounds of agricultural land may be executed under Section 54 CPC...

Commercial Courts Act, 2015—Section 2(1)(c)(xvii)—Jurisdiction—Commercial Dispute—Trademark Infringement between Family Members—A suit seeking permanent injunction on the ground of infringement of a registered trademark and unfair trade practices constitutes a “commercial dispute” under Section 2(1)(c)(xvii) of the Commercial Courts Act, 2015, as it pertains to intellectual property rights—The Commercial Court has jurisdiction to adjudicate such a dispute even when it arises between family members (e.g., brothers or their respective business concerns) engaged in similar lines of business—The existence of a familial relationship does not exclude the jurisdiction of the Commercial Court, provided the dispute falls within one of the categories enumerated under the Act. ...

Industrial Disputes Act, 1947—Sections 2(oo) and 25-F—Retrenchment—Termination due to Closure of Scheme/Project—Applicability—Where a workman is employed on a contractual basis under a specific, time-bound Scheme or Project initiated by the Government such as the Community Polytechnic Scheme of the Ministry of Human Resource Development, Government of India and the services are terminated solely due to the closure of the said Scheme/Project pursuant to a valid government order, such termination does not amount to “retrenchment” under Section 2(oo) of the Industrial Disputes Act, 1947. Consequently, the conditions precedent to retrenchment as prescribed under Section 25-F are not attracted in such cases. ...

Civil Procedure Code, 1908—Section 151, Order 41 Rule 19—Recall of Order—Non-compliance with Conditional Restoration Order—Where an appeal dismissed for default is conditionally restored upon the appellant depositing costs within a stipulated period, failure to comply with that condition renders the restoration ineffective—If the appellant does not deposit the costs within the time fixed and does not seek an extension, a subsequent order noting the non-compliance and observing that no further orders are necessary—thereby reaffirming the dismissal—cannot be recalled under Section 151 CPC merely on account of belated deposit of costs—Such recall is impermissible particularly when the conditional order was passed in the presence of the appellant’s counsel and the explanation for non-compl...

Hindu Marriage Act, 1955—Section 13(1)(ia)—Cruelty—Scope and Determination—Cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955 includes both physical and mental cruelty—Mental cruelty is a broad concept and covers conduct that causes deep mental pain, anguish, or suffering, rendering cohabitation between the spouses insupportable—It must be of such intensity that it becomes impossible for the parties to continue to live together—However, mere trivial irritations, disagreements, or the ordinary wear and tear of married life do not constitute cruelty—Acts such as a husband establishing an illicit relationship with another woman, deserting the wife and children, and failing to provide for their maintenance amount to grave mental cruelty—Such conduct reflects disregard for the ...

Arbitration and Conciliation Act, 1996—Section 8—Mandatory Reference to Arbitration—Scope of Judicial Authority's Role—Section 8 of the Arbitration and Conciliation Act, 1996 imposes a mandatory obligation on a judicial authority to refer parties to arbitration when an action is brought before it concerning a matter covered by a valid arbitration agreement—This is contingent on one of the parties making an application for such reference not later than the submission of their first statement on the substance of the dispute—The legislative intent is to uphold party autonomy and promote the arbitral process—At this stage, the court’s role is confined to a prima facie determination of the existence of a valid and enforceable arbitration agreement between the parties—The judicial author...