Negotiable Instruments Act, 1881—Sections 138, 147—Code of Criminal Procedure, 1973—Section 401—Compounding of Offence—Settlement Between Parties—Effect—Guidelines Regarding Costs—Held, offence under Section 138 of the Negotiable Instruments Act is primarily compensatory and not punitive in nature; hence, in view of the non obstante clause in Section 147, such offence is compoundable at any stage of the proceedings—Once parties amicably settle the dispute and the complainant receives full compensation, continuance of criminal prosecution becomes unnecessary—Applying the principles laid down in Damodar S. Prabhu v. Sayed Babalal H. [(2010) 2 SCC (Cri) 1328], Meters and Instruments (P) Ltd. v. Kanchan Mehta [(2018) 1 SCC 560], and Sanjabij Tari v. Kishore S. Borcar [2025 INSC 1158]...

Negotiable Instruments Act, 1881 — Sections 138 and 147 — Dishonour of cheque — Compounding of offence — Conviction and sentence set aside on basis of compromise — Petitioner convicted under Section 138 N.I. Act and sentenced to one year’s simple imprisonment with fine of ₹3,00,000 — During pendency of revision, parties executed settlement deed dated 08-10-2025 confirming full payment of cheque amount — Complainant stated no objection to compounding — Held, in view of Section 147 N.I. Act, every offence under the Act is compoundable — Court applied Damodar S. Prabhu v. Sayed Babalal H., (2010) 2 SCC (Cri) 1328 — Meters and Instruments (P) Ltd. v. Kanchan Mehta, (2018) 1 SCC 560; Vinay Devanna Nayak v. Ryot Seva Sahkari Bank Ltd., AIR 2008 SC 716; and Sanjabij Tari v....

A. Bhartiya Nagrik Suraksha Sanhita, 2023—Section 430(2)—Suspension of Sentence—Bail pending appeal—Convict serving life imprisonment with nearly 10 years served—No prospect of early hearing of appeal—Reliance on Supreme Court precedents (Sonadhar v. State of Chhattisgarh; Saudan Singh v. State of Uttar Pradesh)—Held: High Courts should grant bail to convicts who have served 10 years if appeal delay likely, barring specific denial reasons—Sentence suspended and bail granted subject to conditions. (Paras 9, 10, 11, 12, 13) B. Criminal Procedure—Suspension of Sentence—Bail conditions—Applicant required to furnish personal bond and sureties, appear annually before trial court in January, notify counsel of residence changes—Sureties to notify address changes—Tria...

A. Medical Termination of Pregnancy Act, 1971—Sections 3 and 5 and Rule 3A(a)(i) of MTP Rules, 2003—Termination beyond 24 weeks gestation permitted only upon Medical Board’s diagnosis of substantial foetal abnormalities or risk to life or grave injury to pregnant woman’s health—Medical Board found no such abnormalities and risk of adverse impact on mother and fetus—Court declined termination. (Paras 6, 6.1, 6.2, 6.3, 6.4, 7) B. Medical Termination of Pregnancy Act, 1971—Section 3(2B) and Rule 3A(a)(i)—Medical Board’s discretion to allow or deny termination beyond 24 weeks gestation must consider safety of the woman and substantial fetal abnormalities incompatible with life. (Para 6.3) C. Writ Petition—Directions—Petitioner entitled to free medical care, nutrition, and...

A. Constitution of India, 1950—Article 226—Habeas Corpus in Child Custody—Maintainability—A writ of habeas corpus is maintainable in custody disputes involving minors, particularly where the minor is wrongfully detained by a person not legally entitled to custody — Availability of remedies under personal laws or the Guardians and Wards Act does not bar exercise of writ jurisdiction where liberty of a minor is at stake. (Paras 11, 19) B. Muslim Personal Law—Custody of Minor—Disqualification of Mother—Under Section 354 of Mulla’s Principles of Mohammedan Law, a mother may be disqualified from custody if she neglects the child, remarries without consent, or bears a child from the second marriage — Court must evaluate overall welfare of the child, including moral, ethical, and phy...

A. Public Distribution System—Fair Price Shops—Existing licensees have no vested right to object to the establishment of new shops—Held, fair price shop license is not a property right nor a monopoly—Subsequent judicial decisions clarified that earlier reliance on Justice Wadhwa Committee Report does not override the State’s policy discretion. (Paras 8, 11, 13, 16) B. Constitution of India, 1950—Article 19(1)(g)—Freedom to carry on trade or occupation—Right to operate a fair price shop does not include right to exclusivity or to prevent competition—Opening new shops does not violate Article 19(1)(g) as it is subject to reasonable restrictions and public interest. (Paras 14, 17, 19) C. Public Distribution System—Executive Guidelines—Instructions regarding minimum numbe...

A. Civil Procedure Code, 1908—Section 102—Second Appeal—Maintainability—Second appeal barred in suits cognizable by Small Causes Courts where subject matter does not exceed Rs. 3,000/-; suit for recovery of Rs. 2,850/- held cognizable by Small Causes Court, thus prohibiting second appeal under Section 102 CPC. (Paras 9, 10, 11, 12, 13, 14) B. Small Causes Courts Act, 1887—Second Schedule—Suit Cognizability—Nature of suit determined by exceptions under Second Schedule; suit’s trial procedure or changed pecuniary limits irrelevant for deciding Small Causes Court jurisdiction. (Para 12) ...

A. Penal Code, 1860 (IPC)—Section 302/34—Murder—Acquittal—State’s appeal against acquittal on murder charge—Death caused by intervening factors (septicemia, toxemia, delayed medical treatment) and not directly by accused’s act—Prosecution must establish direct and proximate cause—Trial court rightly acquitted accused of murder as death occurred days after incident due to medical complications, not injuries inflicted. (Paras 8, 9, 24) B. Penal Code, 1860 (IPC)—Sections 341, 323, 324/34, 326/34—Wrongful confinement, causing hurt, voluntarily causing hurt by dangerous weapon, voluntarily causing grievous hurt—Conviction and sentence reduction—Considering time elapsed and sentence already served, sentence for grievous hurt reduced to period undergone while mainta...

A. Rajasthan Municipalities Act, 1959—Section 271(2)—Limitation—Applies only to acts done in official capacity—Illegal acts by municipality or officials not covered—Six-month limitation under Section 271(2) does not apply to illegal actions. (Paras 18, 20, 21) B. Rajasthan Municipalities Act, 1959—Section 271(2)—Suit maintainability—Municipality’s illegal withholding of goods despite offer to pay octroi duty is not official act—Suit filed beyond six months but within general limitation period is maintainable. (Paras 11, 13, 14, 18, 20, 21) C. Damages—Wrongful withholding—Plaintiff entitled to recover cost of illegally withheld goods and interest from suit filing till payment at reasonable rate. (Para 22) D. Civil Procedure Code, 1908—Second Appeal&mdash...

A. Rajasthan Tenancy Act, 1955—Sections 88, 188, 53, 223, 224—Revenue Suits—Natural Justice—Opportunity of Hearing—Suit dismissed for non-prosecution and restored by S.D.O. without formal application; judgment pronounced before next date without hearing defendants’ arguments—Lower appellate authorities overlooked procedural irregularities—High Court quashed impugned judgments and remanded for fresh decision with due opportunity of hearing. (Paras 2, 3, 5, 6, 7) B. Civil Procedure Code, 1908—Order 9 Rules 3 & 4—Restoration of Suit—Rajasthan Tenancy Act—Restoration without formal application after dismissal for non-prosecution is illegal and vitiates proceedings. (Para 5) C. Civil Procedure Code, 1908—Principles of Natural Justice—Fair Hearing&mdas...