Acquittal Appeal under Section 378(4) Cr.P.C.—Complainant as Victim in Section 138 Negotiable Instruments Act—Right to Appeal under Proviso to Section 372 Cr.P.C.—Supreme Court Ruling in M/s. Celestium Financial vs. A. Gnanasekaran (2025 INSC 804)—Complainant entitled to file appeal as victim without seeking special leave under Section 378(4)—Liberty granted to appellant to withdraw appeal and prefer appeal before Sessions Judge under proviso to Section 372 Cr.P.C.—Limitation not to be insisted upon if appeal filed within stipulated period—Appeal disposed. ...

A. Constitution of India, 1950—Article 226—Writ Petition—Compassionate Appointment—Rejection of Application—Petitioner challenged refusal of dependent employment by South Eastern Coalfields Limited (SECL)—Grounds of rejection were delay in filing and absence of petitioner’s name in service records—Initial consideration was given to petitioner’s deceased brother, followed by the death of another sister—Petitioner later declared legal heir by Family Court—Court held SECL’s objections on delay and service record grounds unsustainable in view of Family Court’s declaration and facts—Petitioner held eligible for compassionate appointment. (Paras 2, 3, 4, 7–10) B. Compassionate Appointment—Object and Purpose—To provide immediate relief to fam...

A. Motor Vehicles Act, 1988—Section 166—Motor Accident Claim—Dependents—Compensation entitlement is based on actual dependency on the deceased’s income, not merely legal heirship; the Act is benevolent and to be interpreted liberally to include all dependents who suffered loss due to death in a motor accident. (Paras 9, 10, 11, 15, 16) B. Motor Vehicles Act, 1988—Section 166—Second Wife’s Entitlement—A second wife dependent on the deceased’s income is entitled to compensation for loss of dependency, regardless of her status as a primary legal heir. (Paras 10, 11, 16) C. Motor Vehicles Act, 1988—Section 166—Adult Brother’s Entitlement—An adult brother, without evidence of dependency, is not entitled to compensation. (Para 17) D. Motor Vehicles Act,...

A. Land Acquisition Act, 1894—Section 23(1)—Determination of Market Value—Market value must be ascertained based on genuine, comparable sale instances in close proximity to the Section 4 notification date, taking into account the land’s condition and potential, as guided by Supreme Court precedents such as Barla Ram Reddy. B. Land Acquisition Act, 1894—Section 23(1)—Sale Deeds as Evidence—Only genuine sale deeds, executed near the Section 4 notification date and involving similar land in the vicinity, qualify as relevant evidence for determining market value. C. Land Acquisition Act, 1894—Compensation Determination—Guideline values fixed for stamp duty purposes are minimum benchmarks and cannot substitute actual market value; registered sale deeds provide a more accurate basis fo...

Minor’s Property—Validity of Sale by Natural Guardian—Burden of Proof—Appeal Dismissed Under Section 8 of the Hindu Minority and Guardianship Act, 1956, a natural guardian requires prior permission of the court to sell a minor’s immovable property—A sale without such permission is not void but voidable at the instance of the minor. (Point A) The burden of proof under Section 101 of the Evidence Act, 1872 lies on the party alleging the transaction to be sham or fraudulent—Only after the alleging party establishes some credible basis does the burden shift to the other side. (Point B) In appeals under Section 96 CPC, the appellate court may reappreciate evidence to determine whether the findings of the trial court are perverse, contrary to law, or unsupported by the record. (Point C) Ho...

Civil Procedure Code, 1908—Section 100—Second Appeal—Partition—Sale by Co-owner Beyond Share—Validity of Sale Deed—In a second appeal under Section 100 CPC, the High Court reiterated the limited scope of interference with factual findings—Re-appreciation of evidence is permissible only when material evidence is ignored or law is misapplied, not merely due to the possibility of an alternative view. (Point A) The Court clarified that under Order XLI Rule 11-A read with Section 100 CPC, additional substantial questions of law can be framed during the course of arguments. (Point B) In partition disputes, proof can be established via written deed, oral understanding coupled with mutual conduct (like correction of revenue records), or by acts of separate possession—The burden to prove oral p...

C.G. Land Revenue Code, 1959—Sections 170-A, 257(L), 257(L-1)—Civil Procedure Code, 1908—Section 9—Jurisdictional Bar—Civil court lacks jurisdiction to entertain a suit challenging an order passed by a Sub-Divisional Officer concerning transfer of land owned by an aboriginal tribe, as the relevant statutory provisions explicitly exclude civil courts from such matters—(Para 20) Adverse Possession—Essential Elements—A plea of adverse possession must clearly establish the date on which possession commenced, the character and nature of possession, the awareness of the true owner, and the uninterrupted and continuous possession for the prescribed statutory period—This plea is not favored in equity and requires strict proof through cogent evidence—(Para 23) Maintainability of Civ...

Motor Vehicles Act, 1988—Sections 166 and 140—Compensation Claims—Reliance on Income Tax Returns as Evidence of Income—The Claims Tribunal erred by rejecting Income Tax Returns filed electronically and duly acknowledged by the Income Tax Department when assessing the deceased’s income for compensation. Such returns are statutory records and must be accepted as valid proof of income, especially in the absence of alternative documentary evidence. Technical issues like nominal tax liability or lack of physical signature on e-filed returns cannot justify their dismissal, as disregarding them undermines the objectives of the Motor Vehicles Act. (Paras 10, 11, 14, 15) Motor Vehicles Act, 1988—Section 166—Compensation Computation—Future Prospects—For a young deceased aged 26 years and unma...

A. Criminal Procedure Code, 1973—Section 378—Appeal Against Acquittal—The appellate court must exercise caution before overturning an acquittal, giving due weight to the presumption of innocence—Reversal requires meticulous reassessment of evidence within established legal standards. (Para 9) B. Indian Evidence Act, 1872—Admissibility of Forensic Reports—Non-production or non-exhibition of the FSL report during trial renders the chemical analysis inadmissible—Absence of such proof impairs the prosecution’s ability to establish the exact nature of seized materials. (Para 11) C. Criminal Law—Explosive Substances—Applicable Statutes—Sections 4 & 5 of Explosive Substance Act, 1908 and relevant provisions of Chhattisgarh Vishesh Jan Suraksha Adhiniyam, 2005—Acqui...

Chhattisgarh Reorganisation Act, 2000—Sections 3, 4, 5—The petitioners challenged the imposition of import duty on foreign liquor after the formation of Chhattisgarh as a separate state under the Chhattisgarh Reorganisation Act, 2000—The Court held that the movement of liquor from Madhya Pradesh to Chhattisgarh after the state's reorganisation constitutes an import, making the petitioners liable to pay import duty under the M.P—Excise Act, 1915—The issuance of a No Objection Certificate (NOC) prior to the reorganisation does not exempt the petitioners from the duty, as reorganisation by operation of law creates new legal obligations—The Court clarified that laws in force before the reorganisation continue to apply to successor states and the movement of goods between states constitutes interstate tr...