A. Code of Criminal Procedure, 1973—Sections 190(1)(b), 482—Rejection of final report—Summoning of accused—HELD—Where the statements of the complainant, other witnesses and the injured witness, supported by medical evidence showing a fracture of the frontal bone, disclose sufficient material, the Magistrate is justified in rejecting the final report and summoning the accused to face trial—No interference under Section 482 CrPC is warranted in the absence of a ground demonstrating illegality or abuse of process. (Paras 12-15)B. Indian Penal Code, 1860—Sections 308, 323, 504, 506—Assault causing grievous head injury—Medical evidence—HELD—The injured sustained multiple head injuries, and X-ray examination revealed a fracture of the frontal bone, resulting in the addition of Section 308 IPC during investigation—The med...

A. Code of Criminal Procedure, 1973—Section 482—Quashing of criminal proceedings—Matrimonial dispute—Settlement between spouses—HELD—Where the spouses have amicably settled their matrimonial dispute, dissolved their marriage by mutual consent and the complainant has expressed her unwillingness to pursue the criminal prosecution, continuation of proceedings against the husband’s relatives may amount to an abuse of the process of the Court—The High Court may exercise its inherent jurisdiction to secure the ends of justice in the facts and circumstances of the case. (Paras 1-8)B. Indian Penal Code, 1860—Sections 498-A, 323—Dowry Prohibition Act, 1961—Sections 3, 4—Allegations of dowry demand and cruelty—Complainant’s statement—HELD—The complainant categorically stated that neither her husband nor his relatives...

A. Code of Criminal Procedure, 1973—Section 482—Quashing of criminal proceedings—Allegation of assault—Medical evidence and eye-witnesses—HELD—Where the applicant is named in the FIR, the medical examination report records fresh injuries and two eye-witnesses support the prosecution case, the criminal proceedings cannot be quashed merely on the applicant’s denial of the allegations—The truthfulness of the allegations and the genuineness of the injuries are matters to be adjudicated during trial. (Paras 6-11)B. Code of Criminal Procedure, 1973—Section 482—Quashing of proceedings—Mala fides—Previous enmity between parties—HELD—Allegations that the informant lodged the FIR due to previous enmity arising from litigation under the Negotiable Instruments Act cannot, by themselves, constitute a ground for quashing cri...

A. Code of Civil Procedure, 1908—Order IX Rule 4—Section 151—Restoration of suit dismissed for non-prosecution—Condonation of delay—HELD—Delay in filing a restoration application cannot be rejected merely on the ground of its length where the litigant has disclosed sufficient cause for not approaching the Court promptly—Medical records showing illness of the active partner of the plaintiff-firm must be considered while examining the explanation for delay—Preference should be given to adjudication on merits rather than defeating substantive rights on technical grounds. (Paras 9-11)B. Limitation—Condonation of delay—Illness of litigant—Consideration of medical evidence—HELD—While delay cannot be condoned as a matter of course, the Court must assess the reasons preventing the litigant from approaching it within time...

A. Code of Criminal Procedure, 1973—Sections 397 and 401—Criminal revision against acquittal—Scope of revisional jurisdiction—HELD—Revisional jurisdiction is supervisory and corrective and cannot be exercised as an appellate jurisdiction to reappreciate evidence or substitute the revisional court’s own view for concurrent findings of fact—Interference is warranted only in exceptional cases involving patent illegality, material irregularity, perversity or manifest miscarriage of justice. (Paras 10-18, 24-25)B. Indian Penal Code, 1860—Sections 498-A, 323, 504 and 506—Dowry Prohibition Act, 1961—Sections 3 and 4—Acquittal—Concurrent findings of fact—HELD—Where the trial court and appellate court, upon consideration of the evidence, found the prosecution case not proved beyond reasonable doubt, their concurrent fin...

A. Arbitration and Conciliation Act, 1996—Sections 34 and 37—Arbitral award—Scope of judicial interference—Findings of fact—HELD—An arbitral tribunal’s findings based on evidence and within the terms of the contract cannot be reappreciated merely because another view is possible—Interference under Sections 34 and 37 is unwarranted unless the award attracts a recognised ground for setting it aside. (Paras 55-56)B. Arbitration and Conciliation Act, 1996—Contract for road construction—Completion certificate—Proof of completion—HELD—Non-issuance of a completion certificate by the employer does not, by itself, establish that the contractual work remained incomplete, particularly where no notice of defects or deficient workmanship was issued and the inspection reports did not establish non-completion—The arbitral tri...

A. Arbitration and Conciliation Act, 1996—Sections 19, 34 and 37—Scope of appellate interference—HELD—The jurisdiction of the appellate court under Section 37 is narrower than that under Section 34. The appellate court cannot reappreciate evidence, substitute its interpretation of contractual clauses, or interfere merely because an alternative view is possible. Interference is warranted only where the award or the decision under challenge falls within the limited statutory grounds, including patent illegality or an error affecting jurisdiction. (Paras 8-9, 43-45)B. Arbitration and Conciliation Act, 1996—Section 19—Code of Civil Procedure, 1908—Order XXX Rule 4 and Section 99—Death of partner after signing statement of claim but before its filing—Effect—HELD—Where a claim is instituted by a partnership firm and the pa...

A. Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950—Section 229-B—Review jurisdiction—Competence of Commissioner—Section 341 of the Act, Rule 339 of the U.P. Zamindari Abolition and Land Reforms Rules, 1952 and Section 274 of the U.P. Tenancy Act, 1939—Commissioner competent to entertain review of an appellate order arising from a suit under Section 229-B, the statutory scheme conferring the requisite power—Review jurisdiction, however, subject to limitations prescribed under Order XLVII CPC. (Paras 16-19, 35)B. Code of Civil Procedure, 1908—Section 114 and Order XLVII Rules 1 and 4—Review—Scope and limitations—Review is not an appeal in disguise and cannot be used for rehearing the matter on merits—Discovery of new evidence requires proof that despite due diligence it was not within the applicant’s kno...

A. Bharatiya Nyaya Sanhita, 2023—Sections 316(2), 308(6), 351(3) and 111(1), (3)—Anticipatory bail—Economic offence—Criminal breach of trust—Partnership dispute—Retirement deed acknowledging liability of Rs. 14,90,46,478.72 towards retiring partners—Allegation that continuing partners utilised funds personally deposited by retiring partners towards compounding fees for their own unauthorised constructions—Prima facie, unilateral adjustment of entrusted funds for personal or corporate benefit constituted misappropriation and attracted criminal liability—Applicants’ contention that dispute was purely civil and contractual, therefore, not acceptable at anticipatory bail stage. (Paras 20-22, 36)B. Criminal Procedure Code, 1973—Section 438—Bharatiya Nagarik Suraksha Sanhita, 2023—Section 482—Anticipatory bail—Civi...

A. Indian Penal Code, 1860—Section 376—Rape—Appreciation of evidence—Prosecution alleging forcible sexual intercourse based on testimony of victim—Material discrepancy regarding purpose of visit to the locality and whether victim was returning after obtaining mattha or empty-handed—Alleged eyewitness not supporting prosecution version of rape and declared hostile—Other alleged eyewitnesses not examined—Medical examination and supplementary medical report not corroborating allegation of rape—Prosecution evidence found insufficient to sustain conviction (paras 19-20)B. Indian Penal Code, 1860—Section 376—Medical evidence—Victim’s medical examination showing abrasion on left knee but no injuries on private parts—Doctor unable to give definite opinion regarding rape and supplementary report stating that rape could ...