Constitution of India, 1950 Article 227—Chhattisgarh—Writ Appeal—Allotment of Land—Mutation—Alleged Irregularities—Limitation—Condonation of Delay—The appellants filed a writ appeal against the order of the Single Judge allowing WP 227 No. 937/2015, filed by respondents No. 7–9, concerning allotment and mutation of 7,762 sq.ft. of land—The respondents, being a registered society, obtained allotment from the Middle Income Group Housing Co-operative Society and NOCs from authorities for construction of a temple—The appellants challenged the allotment and mutation on grounds of lack of authority, non-payment of premium, and alleged collusion—The Single Judge found that procedural requirements under Sections 109 and 110 of the Chhattisgarh Land Revenue Code, 1959, were no...

Civil Procedure Code, 1908 (CPC)—Section 96—Recovery Suit—Proof of Sale Transaction—Burden of Proof—In a first appeal under Section 96 CPC, the High Court set aside the trial court’s decree granting recovery of the sale price of goods, holding that the plaintiff failed to establish the foundational facts of the claim—In a suit arising out of an alleged business transaction, the burden squarely lies on the plaintiff to prove the existence of a jural relationship, placement of orders, supply of goods on credit, and acknowledgment of receipt by the defendant—Mere oral testimony and reliance on incomplete, self-generated documents such as an undetailed computer printout were held insufficient to satisfy the standard of preponderance of probabilities—The plaintiff’s failure to produce...

Civil Procedure Code, 1908 (CPC)—Section 100—Specific Relief Act Section 34—Relief Beyond Pleadings—Bar of Mere Declaration—In a second appeal, the High Court held that the First Appellate Court committed a substantial error of law by granting relief beyond the pleadings and prayer—The plaintiff had sought declaration of title and possession only in respect of a small constructed house measuring 45 × 15 sq. ft. within a larger area of 18 dismil, yet the First Appellate Court declared title over the entire 18 dismil of land—Grant of relief not claimed in the plaint is impermissible, contrary to settled principles of pleadings, and causes serious prejudice to the defendant—Further, where the plaintiff admitted that the defendant was in possession of the remaining open land at the time of...

Civil Procedure Code, 1908 (CPC)—Section 100—Civil Court Jurisdiction—Challenge to Revenue Orders—Natural Justice—Unregistered Sale Deed—In proceedings under Section 57(2) of the Chhattisgarh Land Revenue Code, 1959, the exclusion of Civil Court jurisdiction under Section 257(f) is not absolute—Civil Courts retain jurisdiction where revenue authorities act in violation of fundamental principles of judicial procedure or fail to comply with mandatory statutory provisions—Where orders of the Board of Revenue affecting proprietary rights were passed without impleading long-standing patta holders, such proceedings were held to be vitiated by breach of natural justice due to denial of notice and opportunity of hearing—Further, reliance by revenue authorities on an unregistered sale deed rela...

A. CPC—Order 7 Rule 11(d)—Rejection of plaint—Bar under Order IX Rule 9—Plaint can be rejected under Order 7 Rule 11(d) only when the bar is apparent from the plaint itself—Where applicability of Order IX Rule 9 depends on disputed facts—whether earlier and present suits involve the same cause of action, parties, and subject-matter—the issue becomes a mixed question of law and fact—In such cases, summary rejection is impermissible; matter must go to trial for evidentiary determination. (Paras 1, 5, 7, 11, 24, 26, 27) B. CPC—Order 9 Rule 9—Bar to fresh suit—Preconditions—The prohibition applies strictly to cases dismissed under Order 9 Rule 8—The bar arises only when: (i) parties are the same or claim under same title; (ii) dismissal was specifically under Rul...

A. Penal Code, 1860—Sections 375 (Explanation 2), 376(2)(n), 90, 44—Information Technology Act, 2000—Section 67—Consent—Fear of Injury—Meaning of “Injury.” “Injury” under Section 44 IPC includes harm to body, mind, reputation, or property—For consent to be vitiated by “fear of injury” under Section 90 IPC, the fear must be real, proximate, and establish that the will of the prosecutrix was overborne—In this case, the prosecutrix (aged 24) maintained a two-year relationship with the appellant, admitted mutual affection, desired to marry him, and regularly visited his home with his family’s respect and acceptance—Though she alleged later coercion through objectionable photographs, her conduct was inconsistent with sustained fear; the FIR was lodg...

Narcotic Drugs and Psychotropic Substances Act, 1985—Section 22(a) vs. 22(b)—Small Quantity—Determination of Actual Narcotic Content—Conviction Modified—Where 435 Pentazocine Lactate Injection ampoules were seized, each containing 30 mg of active Pentazocine, the total psychotropic content amounted to only 13.05 grams—below the notified “small quantity” of 20 grams under Standing Order No.1055(E) dated 19-10-2001 (Serial No.175)—Applying the settled principle that quantity must be assessed with reference to the actual active narcotic component, the substance seized constituted small quantity, making Section 22(a) applicable—Conviction under Section 22(b) for intermediate quantity, and the corresponding sentence of five years’ rigorous imprisonment with fine of ₹50,000, we...

A. Hindu Marriage Act, 1955—Section 13(1)(i-a)—Mental Cruelty—Long Separation and Refusal to Cohabit—Marriage solemnised on 30-05-2009; parties residing separately since May 2014—Wife repeatedly refused to cohabit, declined to perform marital obligations, threatened suicide if compelled to maintain physical relations, and chose to completely disconnect from husband and his family (no contact, no visits even in illness/joy/sorrow)—She admitted in cross-examination that she has been living separately since 2014 and that it was not her desire to continue the marital relationship—Her earlier petition under Section 9 HMA for restitution of conjugal rights was withdrawn without explanation—Cumulative effect of prolonged separation (over 11 years), total unwillingness to resume cohabitation, and co...

Negotiable Instruments Act, 1881—Sections 138, 139—Dishonour of Cheque—Acquittal Reversed—Presumptions and Burden of Proof—Where the accused neither disputed his signature on the cheque nor denied issuance of the cheque, the statutory presumptions under Sections 118 and 139 NI Act that the cheque was issued in discharge of a legally enforceable debt stood attracted—The defence taken in cross-examination—that only ₹25,000 was borrowed and repaid in cash—was unsupported by evidence—Mere denial in a Section 313 CrPC statement is insufficient to rebut the presumption (K. Bhaskaran; V.S. Yadav; Bir Singh)—The Sessions Court erred in holding that the complainant failed to prove the liability; the burden of rebuttal, which lay on the accused, was not discharged. (Paras 8–14) ...

Hindu Marriage Act, 1955—Sections 13(1)(i), 13(1)(i-a)—Divorce—Adultery—Cruelty—Irretrievable Breakdown—Decree of divorce upheld. A. Adultery—Section 13(1)(i)—Husband alleged that the wife had been living in an adulterous relationship since 2015—The wife, in her police-recorded statement during a missing-person inquiry, admitted leaving the matrimonial home and residing with another man as his wife; the police closure report corroborated this—Her defence that the man was her brother, or that she had suffered cruelty, was unsupported by evidence, and she failed to examine crucial witnesses—It is well settled that even a single act of voluntary sexual intercourse outside wedlock suffices to establish adultery—On a detailed appraisal of oral and documentary evidence, ...