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...

A. Indian Penal Code, 1860—Section 120B—Criminal conspiracy—Essentials—Mere knowledge, association, or similarity of conduct does not establish conspiracy unless a prior agreement or meeting of minds is proved—Prosecution failed to establish existence of unlawful agreement supported by cogent evidence—Conviction for conspiracy set aside. [Paras 10–28] B. Indian Penal Code, 1860—Sections 420, 468, 471 and 477A—Prevention of Corruption Act, 1988—Sections 13(1)(d) and 13(2) read with Section 120B IPC—Appellant implicated solely on basis of deposit and withdrawal of Rs. 40,000 allegedly linked with co-accused bank employee—No evidence of involvement in broader fraudulent scheme or other transactions—Prosecution failed to prove guilt beyond reasonable doubt—...

A. Indian Penal Code, 1860—Sections 120B, 420, 468, 471 and 477A—Prevention of Corruption Act, 1988—Sections 13(1)(d) and 13(2)—Criminal conspiracy—Allegation that appellant conspired with bank employee for fraudulent withdrawal of Rs. 15,000—Held, prosecution failed to prove essential ingredients of conspiracy, namely unlawful agreement and meeting of minds—Mere deposit and withdrawal through a pre-signed withdrawal form insufficient to establish conspiracy—Conviction and sentence set aside; appellant acquitted. [Paras 18–28] B. IPC—Section 120B—Burden of proof—Prosecution must establish existence of unlawful agreement beyond reasonable doubt—Though conspiracy may be proved by circumstantial evidence, each circumstance must form a complete chain pointing onl...

Penal Code, 1860 (IPC)—Sections 120-B and 420—Prevention of Corruption Act, 1988—Sections 13(1)(d) and 13(2)—Criminal Conspiracy, Cheating and Criminal Misconduct by Public Servant—Evidence and Proof—Acquittal—The case concerned allegations of criminal conspiracy, cheating, and criminal misconduct by public servants—The prosecution alleged that the accused persons entered into a conspiracy to obtain pecuniary advantage by abusing their official position and thereby caused wrongful loss to the concerned authority—The Court examined the essential ingredients of conspiracy under Section 120-B IPC and held that a mere meeting of minds or discussion is insufficient unless supported by clear evidence of an agreement to commit an illegal act—It was further observed that to establish an ...

A. Hindu Marriage Act, 1955—Section 2(2) and Section 13B—Applicability to members of Scheduled Tribes—Object and scope—Section 2(2) intended as a protective provision and not as an absolute bar excluding Scheduled Tribe members from the Act where parties have consciously adopted Hindu customs and rites. B. Marriage—Parties married according to Hindu rites and ceremonies including saptapadi—Husband belonging to a Scheduled Tribe and wife a non-tribal—Such solemnization demonstrates voluntary acceptance of Hindu customs, thereby bringing the marriage within the ambit of the Hindu Marriage Act. C. Divorce by mutual consent—Family Court rejected petition under Section 13B holding that the Act does not apply to Scheduled Tribe members—Held, such view erroneous—When parties follo...

Family Courts Act, 1984—Section 19(1)—Civil Procedure Code, 1908—Order 41 Rule 27—Additional evidence in appeal—Powers of High Court—The High Court, while exercising appellate jurisdiction under Section 19(1) of the Family Courts Act, possesses incidental and ancillary powers necessary to render its appellate jurisdiction effective—Even though the Family Courts Act does not expressly incorporate Order 41 of the CPC, the High Court may admit additional evidence in appeal when such evidence is essential for a just and proper adjudication—The power flows from the doctrine of ex debito justitiae and may be invoked where the evidence is necessary to pronounce judgment or for any other substantial cause. Hindu Marriage Act, 1955—Section 13(1)(ia)—Cruelty—Section 13(1)(ib)&mdas...