A. Contempt of Courts Act, 1971—Section 12(5)—Contempt Proceedings—Proceedings for civil contempt are personal in nature and lie against the individual alleged to have wilfully disobeyed the Court's order—Contempt jurisdiction is exercised in personam and not against the State, statutory authority or body corporate. [Paras 1, 7, 8, 16, 17] B. Contempt of Courts Act, 1971—Section 12(5)—Impleadment of Parties—A contempt petition must specifically implead the officer responsible for compliance with the Court's directions—Mere impleadment of the Government or a statutory authority is insufficient to sustain contempt proceedings. [Paras 3, 8, 16, 17] C. Contempt Jurisdiction—Nature of Proceedings—Contempt proceedings are quasi-criminal and cannot be maintained against an...

A. Chhattisgarh Land Revenue Code, 1959—Section 165(6)—Transfer of tribal land—Collector's permission—The requirement of prior permission for transfer of tribal land to a non-tribal is intended to prevent exploitation of tribal landholders and not to prohibit genuine transactions—Permission cannot be refused solely because the transfer would leave the tribal with less than five acres of land where the sale is supported by bona fide necessity and is in the tribal's best interest. [Paras 4, 20, 22] B. Chhattisgarh Land Revenue Code, 1959—Sections 165(6) and 165(7)—Statutory interpretation—Authorities cannot import the restrictions applicable to compulsory sales or attachments under Section 165(7) into voluntary transfers governed by Section 165(6)—The two provisions operate in...

A. Panchayat Raj Act, 1993 (Chhattisgarh)—Section 21; Chhattisgarh Panchayat (Gram Panchayat Meeting Conduct) Rules, 1994—Rule 3(3)—No-confidence motion—Notice period—The requirement of “clear seven days’ notice” is to be reckoned from the date of issuance of the notice and not from the date of its service—Where the notice is issued sufficiently in advance to satisfy the statutory period, subsequent service does not invalidate the proceedings. [Paras 15, 17, 25] B. Panchayat Raj Act, 1993 (Chhattisgarh)—Section 21(1)—No-confidence motion—Initiation and majority—A no-confidence motion validly initiated by more than two-thirds of the total elected members satisfies the statutory requirement for convening the meeting—Whether the motion ultimately succeeds ...

A. Right to Information Act, 2005—Section 2(h)—Public Authority—Definition—An institution qualifies as a “public authority” only if it is owned, controlled, or substantially financed by the Government or an authority established under the Constitution or by law—The existence of ownership, deep governmental control, or substantial financial assistance is the determinative test for attracting the provisions of the Act. [Paras 30, 53, 54, 70] B. Right to Information Act, 2005—Applicability—Scope of the Act—The obligations under the Right to Information Act, including appointment of Public Information Officers and disclosure of information, are enforceable only against entities falling within the definition of “public authority” under Section 2(h)—Institutions no...

A. Prevention of Corruption Act, 1988—Sections 7, 13(1)(d), 13(2)—Demand of illegal gratification—Proof of demand is the sine qua non for conviction under the Prevention of Corruption Act—Mere recovery of tainted currency, in the absence of cogent evidence establishing demand and voluntary acceptance of illegal gratification, is insufficient to sustain conviction. [Paras 5, 15, 19, 20, 21, 26, 27] B. Evidence—Telephonic demand of bribe—Electronic evidence—Where the prosecution relies upon a telephonic conversation to establish demand of illegal gratification, it must prove its authenticity through reliable electronic evidence such as Call Detail Records (CDRs), mobile phone details, and voice identification—Failure to secure such evidence renders the alleged demand doubtful and weakens th...

A. Negotiable Instruments Act, 1881—Sections 118 and 139—Section 138—Presumptions and rebuttal—Acquittal—Held: Statutory presumptions regarding consideration and legally enforceable debt operate in favour of complainant but are rebuttable—Accused can discharge burden by raising a probable defence on preponderance of probabilities and need not prove case beyond reasonable doubt—Where complainant fails to establish existence of legally enforceable debt, particularly in cases involving large cash transactions unsupported by documentary evidence, presumption stands rebutted—Appellate Court justified in reversing conviction and acquitting accused—Further, where statutory notice is sent to correct address and returned unserved, presumption of due service arises unless rebutted by accused. (P...

A. Bhartiya Nagarik Suraksha Sanhita, 2023—Section 483—Bail—Applicant alleged to be part of organized crime syndicate involving extortion from coal transporters—Considering gravity of economic offence, magnitude of illegal funds, prima facie evidence, active role, likelihood of tampering with evidence and risk of absconding, bail rejected. [Paras 21–26] B. Criminal Law—Economic Offences—Economic offences committed for personal profit with wider impact on public funds and economy require stricter approach in bail matters due to deep-rooted conspiracies. [Paras 21–22] C. Bail—Factors for Grant—Nature of accusation, evidence, severity of punishment, character of accused, likelihood of presence at trial, possibility of witness tampering, and larger public interest must be consi...

A. Negotiable Instruments Act, 1881—Sections 118, 139 and 138—Appeal against acquittal—Presumption and rebuttal—Held: Admission of signatures on cheque gives rise to statutory presumption of legally enforceable debt under Ss. 118 and 139—However, such presumption is rebuttable—Accused can discharge burden by raising a probable defence on preponderance of probabilities—Where accused, through cross-examination, created doubt regarding existence of debt and complainant failed to substantiate alleged loan transactions with cogent evidence, presumption stood rebutted—Acquittal held justified as view taken by courts below was plausible and not perverse. (Paras 12 to 14) B. Code of Criminal Procedure, 1973—Section 378—Appeal against acquittal—Scope of interference—Held: A...

A. Administrative Law—Canal Construction and Technical Expertise—Challenge to the alignment and execution of a canal project under the Rajeev Gandhi Sanwardhan Scheme was raised by appellants, contending that the project adversely affected them—The Court held that determination of whether the canal should follow a straight or curved alignment falls within the domain of technical experts—In the absence of arbitrariness, mala fide intent, or illegality, judicial interference is not warranted—The Detailed Project Report (DPR) was prepared following proper technical assessment and approved by competent authorities—The appellants failed to demonstrate any infringement of their fundamental rights—The dismissal of the writ petition by the Single Judge was upheld. [Paras 7–8] B. Administrative L...

A. Constitution of India, 1950—Article 226—Judicial review of tender process—Rejection of technical bid for non-compliance with prescribed format for Pre-Contract Integrity Pact—Tender authority entitled to insist on strict adherence to terms and conditions of Notice Inviting Tender (NIT)—Rejection not arbitrary or irrational; court’s review limited to arbitrariness, mala fide, or discriminatory decisions. B. Government Order dated 27.11.2014—Tender process—Clause (iv) addresses scenario where multiple bids are received but only one qualifies technically—Such situation does not amount to a "single tender"—Financial bid of technically qualified bidder can be opened and considered—Award of work to sole qualified bidder held valid and not contrary to government or...