A. Arbitration and Conciliation Act, 1996—Sections 31(5) & 34(3)—Limitation for Setting Aside Award—Compliance with Section 31(5) is essential to trigger the limitation period under Section 34(3)—If a signed copy of the arbitral award is not delivered to the party itself, the limitation period for filing an application to set aside the award does not commence—The three-month period under Section 34(3) begins from the date the party actually receives the signed copy, not from the date the award was passed. (Paras 7, 8, 10, 11, 12, 14) B. Arbitration and Conciliation Act, 1996—Sections 34(3) & 5 of Limitation Act—Condonation of Delay—When proper service of the award under Section 31(5) is absent, rejection of a Section 34 application solely on limitation grounds, without considering...

Penal Code, 1860—Section 420—Cheating—Civil Dispute vs. Criminal Offence—For an offence under Section 420 IPC, dishonest intention and fraudulent inducement must exist at the inception of the transaction—Mere non-payment arising from a commercial dealing does not constitute cheating in the absence of evidence showing such initial dishonest intent (Paras 4, 5, 9)—A dispute relating to purchase and sale of goods between traders, falling within Section 2(1)(c)(vii) of the Commercial Courts Act, 2015, is essentially a commercial dispute and ordinarily warrants adjudication before a Civil/Commercial Court (Para 4). Criminal Procedure—Inherent Powers—Quashing—Abuse of Process—Under Section 482 CrPC (now Section 528 BNSS, 2023), the High Court may quash proceedings where continuation...

Bhartiya Nagarik Suraksha Sanhita, 2023—Section 528; Criminal Procedure Code, 1973—Section 482; Bhartiya Nyaya Sanhita, 2023—Section 108—Quashing of FIR—Scope and limitations—Held, that the power of a Court to quash an FIR under Section 528 of the BNSS or Section 482 CrPC is to be exercised sparingly and only in exceptional circumstances—At the FIR stage, the Court’s focus is limited to examining whether the FIR prima facie discloses a cognizable offence; it cannot inquire into the reliability, genuineness, or sufficiency of allegations, nor conduct a mini-trial—Disputed questions of fact such as delay in lodging, suppression of dying declarations, false implication due to matrimonial discord, prior litigation, or alibi are matters for detailed investigation and trial, requiring eviden...

A. Maintenance and Welfare of Parents and Senior Citizens Act, 2007—Sections 23(1) and 5—Cancellation of gift deed—Implied obligation of maintenance—Beneficial legislation—Held, the obligation to maintain a senior citizen need not be expressly stated in the gift deed and can be inferred from the relationship between the parties, surrounding circumstances, and the purpose of transfer—Breach of such implied obligation by neglect, harassment, or denial of basic amenities justifies annulment of the gift deed under Section 23(1)—The Act being a beneficial legislation warrants a purposive and liberal interpretation—Mere receipt of pension or ownership of property does not disentitle a senior citizen from invoking jurisdiction under the Act. [Paras 20 to 24] B. Maintenance and Welfare of Pa...

A. Negotiable Instruments Act, 1881—Sections 138, 142, 145—Complaint through power of attorney holder—Maintainability—Complaint under Section 138 NI Act can validly be filed and prosecuted through a power of attorney holder, provided the holder has personal knowledge of the transaction or has witnessed it and such facts are specifically pleaded—Power of attorney holder is competent to verify complaint and depose on oath—Absence of these requirements would be fatal, but where satisfied, complaint is maintainable. [Paras 17–21, 23] B. General Clauses Act, 1897—Section 27—Service of statutory notice—Presumption—Notice issued under Section 138 NI Act, when sent by properly addressed, prepaid and registered post, carries a statutory presumption of due service—Burden lie...

A. Hindu Marriage Act, 1955—Section 25(1)—Permanent Alimony—Requirement of application—Jurisdiction to grant permanent alimony arises only upon an express application made by either spouse—Court cannot suo motu grant permanent alimony in absence of such application—Determination of permanent alimony requires proper pleadings and evidence regarding income, liabilities, expenditure and standard of living of parties. [Paras 10–13] B. Hindu Marriage Act, 1955—Section 25(1)—Grant without application—Impermissibility—Permanent alimony granted by Family Court without any application and without assessment of financial evidence held unsustainable—Order set aside—Liberty granted to respondent to move a proper application under Section 25(1) before the competent F...

Penal Code, 1860—Sections 302/34 and 201/34; Circumstantial Evidence; Homicidal Death; Benefit of Doubt: Conviction for murder and causing disappearance of evidence under Sections 302/34 and 201/34 IPC requires proof of homicidal death—Where the deceased died from burn injuries within two months of marriage, and medical evidence (post-mortem report and PW-8 testimony) did not indicate external or internal injuries suggestive of violence, the foundational requirement of homicidal death was unproven—Circumstantial evidence, including “last seen together” theory, cannot substitute for lack of homicidal proof, particularly when witnesses and diary entries suggest suicide—Inconsistent and insufficient evidence breaks the chain required to establish guilt—Convictions under Sections 302/34 and 201/34 IPC...

Family Courts Act, 1984—Sections 10, 13, 19; Chhattisgarh Family Courts Rules, 2007—Ex parte decree liable to be set aside where passed on a date not fixed for "hearing of the suit" (interlocutory date for reconciliation/written statement does not constitute hearing under Order 17 Rule 2 & Order 9 Rule 6 CPC, applied with Section 10(1))—CPC applies subject to the Act; Family Court may frame its own procedure (Sections 10(3), 20)—Oral request for legal aid must be acted upon; merely referring litigant to DLSA is insufficient—Family Courts directed to maintain a panel of amicus curiae and appoint advocates at State expense when interest of justice requires, ensuring compliance with Section 13 proviso, Rule 14, and NALSA Regulations, 2010, safeguarding fundamental right to free legal aid (Article 2...

Divorce Act, 1869—Section 10A(1)—Mutual Consent Divorce—Period of Separation—Constitutional Validity—The requirement of “two years or more” separation for filing a mutual consent divorce petition was declared unconstitutional and read down to “one year” by the Kerala High Court (Saumya Ann Thomas v. Union of India) as violative of Articles 14 and 21 of the Constitution—Family Courts are bound by such authoritative pronouncements on the constitutionality of Central Acts, which have pan-India applicability—Premature dismissal of a mutual consent divorce petition based on the erstwhile two-year requirement is unsustainable—Liberty is granted to parties to file a fresh application upon completion of the read-down one-year separation period—Constitutional and family ...

Criminal Procedure Code, 1973—Section 378—Appeal against acquittal—Scope of interference—An order of acquittal strengthens the presumption of innocence in favour of the accused, giving rise to a double presumption—Where the Trial Court has analyzed the evidence and taken a possible and plausible view, the Appellate Court must be slow in reversing the acquittal and may interfere only upon finding perversity or grave illegality—Penal Code, 1860—Sections 306 and 107—Abetment of suicide—To sustain a conviction under Section 306, the prosecution must first establish abetment as defined under Section 107 by proving instigation, conspiracy, or intentional aid compelling the deceased to commit suicide—Penal Code, 1860—Section 498A—Cruelty—Mere allegations of suspicion o...