A. Uttar Pradesh Municipalities Act, 1959, Sections 331 & 334—U.P. Regulation of Urban Premises Tenancy Act, 2021, Section 21—Demolition of dangerous building—Where a structure is officially declared dilapidated and unsafe, issuance of demolition notice is valid—Tenants are bound to vacate and cannot resist demolition—Public safety prevails (Paras 6, 9, 13, 16, 17). B. Statutory duty of Municipal Commissioner—Once a building is found unfit for human habitation and poses threat to life or property, the Municipal Commissioner is legally obligated to act—Authority extends to seeking police assistance for removal of occupants—Tenancy or ownership rights cannot obstruct statutory action (Paras 11, 12, 16). C. Tenants’ protection under Section 21 of 2021 Act—Right of reoccupa...

Criminal Procedure Code, 1973 (CrPC)—Section 374(2)—Penal Code, 1860 (IPC)—Sections 395 & 397 (Paras 1–3, 8, 15, 28–29) Dacoity—Appreciation of Evidence—Material Contradictions—Failure to Prove Factum of Dacoity—Benefit of Doubt—Acquittal (Paras 16–27) The present appeal under Section 374(2) CrPC was preferred against the judgment dated 29.08.1983 passed by the Special Sessions Judge, Badaun in Special Sessions Trial No.157 of 1982, arising out of Case Crime No.321, Police Station Ujhani, District Badaun, whereby the accused-appellants were convicted under Sections 395 IPC and 395 read with 397 IPC (Paras 1–3, 8). During pendency of the appeal, four appellants died and the appeal abated against them (Para 3). The core issue before the Court was whether t...

A. Criminal Procedure Code—Police encounter—Compliance with Supreme Court guidelines—Reiteration of directions in PUCL v. State of Maharashtra (2014) 10 SCC 635—Mandatory registration of FIR in all cases of police encounters resulting in death or grievous injury—Independent investigation to be conducted by CID or by a team headed by an officer senior in rank to head of police team involved—Statement of injured person to be recorded before Magistrate or Medical Officer. (Paras 5, 6 & 13) B. Police conduct—Use of force—Unjustified firing—Infliction of firearm injuries below knee level for extraneous considerations such as career advancement or public image impermissible—Police cannot assume role of judiciary in punishing accused—Right to life and dignity under Art. 21 ...

Negotiable Instruments Act, 1881—Section 138, 7, 9 and 142—Criminal Procedure Code, 1973—Section 401 and 397—Cheque dishonour—Complaint by third party—Not permissible—A complaint u/s 138 of the Act, for dishonour of a cheque is maintainable only at the instance of the "payee" or the "holder in due course" of the cheque, as explicitly stipulated under Section 142(1)(a) of the Act—A "third party" or a stranger having no legal title to the cheque as a payee or holder in due course lacks the locus standi to institute such a complaint in their own name, even if they are indirectly affected by the transaction—While a complaint can be filed through an authorized representative (such as a power of attorney holder or company signatory), the complainant must remain ...

Education Law & Service Law—Derecognition of Educational Institutions and Rights of Teachers: A. Recognition Withdrawal: Teachers appointed in an institution whose recognition is withdrawn do not acquire a vested right to absorption or adjustment in another recognized institution. B. Absorption/Adjustment: Such absorption or adjustment is not an inherent right and arises only if expressly provided by statute, rules, or government policy. C. Judicial Review & Articles 14 & 16: Courts cannot create service rights by judicial fiat where the law is silent; extending illegal benefits to one cannot confer a legal right on others, as it would perpetuate illegality and violate the doctrine of positive equality under Articles 14 and 16 of the Constitution. D. Derecognition Consequences: Cancellation of recognition ren...

Education Law—U.P. Intermediate Education Act, 1921 & U.P. Secondary Education Service Selection Board Act, 1982—Ad-hoc Promotion and Salary Entitlement: A. Ad-hoc Promotion: Entitlement to salary for ad-hoc promotion to Principal or Head Master arises only upon fulfillment of mandatory preconditions under Section 18 of the 1982 Act. Prior judgments based on older Government Orders without considering Section 18 are not binding. B. Section 18 Preconditions: Management must notify the vacancy to the Board, and the post must remain vacant for over two months before ad-hoc promotion and salary payment. Section 18(2) applies only if the Management fails to notify after preconditions are satisfied. C. Temporary Appointments: Clause 2(3) of Chapter II of the 1921 Act excludes entitlement to higher pay for vacancies unde...

A. Civil Procedure Code, 1908—Order 39 Rules 1 & 2—Temporary injunction—Memorandum of Understanding (MOU)—Unstamped and unregistered document—Enforceability—Plaintiffs sought ad-interim injunction on the basis of an alleged MOU for construction of multi-storeyed residential complex—MOU neither duly stamped nor registered and execution denied—MOU conferred 42% ownership rights in immovable property in favour of builder—Held, such MOU is compulsorily registrable and chargeable with stamp duty—Unstamped and unregistered MOU inadmissible in evidence and does not create enforceable right, title or interest—No injunction can be granted on its basis. [Paras 44–46, 63–64, 70] B. Specific Relief Act, 1963—Sections 38 & 41(h)—Suit for injunctio...

Civil Procedure Code, 1908 (CPC)—Order 43 Rule 1(r) & Order 39 Rules 1 & 2—Interim Injunction: Appellate courts should not interfere with the trial court’s discretion in granting or refusing injunctions unless the order is arbitrary, perverse, or contrary to settled principles—Where possession is claimed under an unregistered and unstamped Memorandum of Understanding (MOU), an injunction cannot be granted against rightful owners. Contract Law & Property Law—MOU—Validity and Enforceability: An MOU purporting to create ownership rights in immovable property must be duly stamped and registered under the Stamp Act and Registration Act; otherwise, it is inadmissible as evidence and unenforceable—Possession follows title, and relief cannot be granted based on a weak or invalid claim. A...

Constitution of India, 1950—Article 22(1)—Protection of Arrested Persons: An arrestee must be informed of the grounds of arrest both orally and in writing—Failure to comply renders the arrest illegal and justifies judicial intervention under habeas corpus. Criminal Procedure Code, 1973 / Bharatiya Nagrik Suraksha Sanhita, 2023—Sections 50/50A and 47/48—Arrest Procedure and Right to Bail: Police officers are required to forthwith inform the arrested person of the full particulars of the offence or other grounds for arrest—Additionally, a relative, friend, or nominated person, as well as the designated police officer, must be informed about the arrest and place of detention. Arrest Memo—Requirements and Police Obligations: The arrest memo must detail the grounds for arrest, including material ...

U.P. Consolidation of Holdings Act, 1953—Sections 12, 44-A, 48—Recording of Names, Powers of Superior Authority, Revision: An order restoring a revision for fresh adjudication is valid when it enables hearing of a party not impleaded in earlier proceedings, notwithstanding objections based on limitation or res judicata—Section 12 allows proper recording of names, while Section 44-A empowers a superior authority to exercise the powers of a subordinate authority to ensure fair adjudication—Section 48 supports restoration of revision where fresh adjudication is necessary. Civil Procedure Code, 1908—Section 11—Res Judicata: Prior proceedings determining rights in respect of a different Khata (e.g., Khata No.-99Aa) do not bar adjudication of a subsequent Khata (e.g., Khata No.-99), particularly when a par...