A. Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021—Sections 32, 34, 35—Constitution of India—Articles 226 & 227—Maintainability—Orders passed by Rent Tribunal under Section 35, presided over by District Judge/ADJ, are judicial orders of a Civil Court—Such orders are not amenable to writ jurisdiction under Article 226—Remedy lies under supervisory jurisdiction under Article 227.[Paras 30, 31, 46, 54] B. Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021—Sections 32, 34, 35—Rent Tribunal—Nature—Persona designata vs Civil Court—Rent Tribunal is presided by District Judge/ADJ as a pre-existing judicial authority, not as persona designata—Exercises powers of Civil Court, renders binding adjudications, and forms part of judicial hierarchy...

A. Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021—Section 21(2)(m)—Eviction—Landlord’s requirement—Scope—Under Section 21(2)(m), landlord is only required to demonstrate that the premises are needed for his occupation—Requirement of proving “bona fide need” or comparative hardship, as existed under repealed U.P. Act No. 13 of 1972, stands consciously omitted—Court cannot import such conditions—Once requirement is pleaded and remains unrebutted, eviction is justified. [Paras 12, 16, 33, 38] B. Statutory Interpretation—Casus omissus—Plain meaning rule—Where legislature has deliberately omitted expressions such as “bona fide requirement”, Court cannot reintroduce them by interpretation—Provision must be construed strict...

A. U.P. Essential Commodities (Regulations of Sales and Distribution) Control Order, 2016—Section 13—Subsequent allottee—Right of hearing—Subsequent allottee of a fair price shop is a necessary party in appellate as well as writ proceedings—If such subsequent allottee is not impleaded, he retains the right to challenge the appellate or writ order passed in his absence. [Paras 13, 29, 41, 44] B. U.P. Essential Commodities (Regulations of Sales and Distribution) Control Order, 2016—Section 13(4)—Impleadment—Onus—Original allottee challenging cancellation is obligated to implead the subsequent allottee in appellate or writ proceedings, irrespective of whether the subsequent allotment was made before or after filing of the appeal—Failure to implead the subsequent allottee vitiates...

A. Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972—Section 30—Deposit of rent—Scope—Maintainability—Section 30 is a protective provision enabling tenant to deposit rent where landlord refuses to accept or there is bona fide dispute—Such provision operates in limited contingencies and primarily in pre-litigation stage—Once eviction proceedings are instituted, recourse to Section 30 is not permissible—Deposit made under Section 30 during pendency of suit is not valid compliance. [Paras 11, 16, 19, 21] B. Civil Procedure Code, 1908—Order XV Rule 5—Deposit of rent during pendency of suit—After institution of eviction suit, tenant is bound to deposit admitted rent and continue monthly deposits before court seized of matter—Deposit...

A. Indian Penal Code, 1860—Section 307 & Indian Evidence Act, 1872—Section 134—Injured Witness—Testimony of the wife as an injured and sterling witness, despite strained matrimonial relations and dowry disputes, was held reliable—Injuries caused by the husband using a firearm were proved through consistent and credible evidence—In cases based on direct evidence, motive loses significance—Conviction under Section 307 IPC was upheld. B. Indian Penal Code, 1860—Section 307—Appreciation of Evidence—Evidence of an injured witness carries great evidentiary value and, when corroborated, prevails over minor inconsistencies, including discrepancies in medical reports—The prosecution successfully established guilt beyond reasonable doubt. C. Indian Evidence Act, 1872—...

A. Criminal Procedure—Code of Criminal Procedure, 1973—Section 482—Quashing of proceedings—High Court’s inherent power to quash proceedings is to prevent abuse of process and secure ends of justice—Such power must be exercised sparingly, with great caution, and only in rare and appropriate cases. B. Penal Law—Indian Penal Code, 1860—Section 376—Promise of marriage—A prolonged consensual physical relationship between educated adults indicates voluntary cohabitation—Mere failure to marry does not ipso facto constitute rape unless consent was obtained by a false promise from the inception. C. Section 376 IPC—Essential ingredients—Offence under Section 376(2)(n) IPC is not made out where there is no evidence that the promise of marriage existed at the inceptio...

A. Appeal against Conviction—Indian Penal Code, 1860 Sections 302/34 & 307/34—Upon death of two accused during pendency, the appeal abated qua them and survived only for the remaining appellants—The Court found that the prosecution failed to prove their participation beyond reasonable doubt—Due to material inconsistencies and lack of corroboration, benefit of doubt was granted and conviction set aside. B. Eyewitness Testimony—Reliability—The presence of key eyewitnesses was doubtful—Admissions of observing the घटना from a distance without intervention, along with contradictions regarding their presence and timing, significantly weakened the prosecution case. C. Use of Weapons—Evidentiary Gaps—Allegations of close-range firing were unsupported by evidence—no empt...

A. Probate Petition and Civil Suit—Consolidation—Where a probate petition and a civil suit relating to the same Will are pending, consolidation and joint adjudication is appropriate to avoid conflicting findings—The probate court alone has jurisdiction to determine validity of the Will, and such issues can be fully adjudicated within probate proceedings—Rejection of a probate petition merely due to pendency of a civil suit for cancellation of the Will is erroneous, warranting setting aside of such order and directing joint trial. B. Power of Consolidation and Transfer—Under Section 24 CPC and Order IV-A, courts possess power to transfer and consolidate suits or proceedings pending within their jurisdiction when required in the interest of justice—The High Court can validly transfer a civil suit and d...

A. Ingredients of Offence under Sections 332 & 333 IPC—To sustain conviction, prosecution must prove that the accused voluntarily caused hurt or grievous hurt to a public servant while such servant was discharging lawful duty—Mere status as a public servant is insufficient; lawful authorization for the act performed is essential—Failure to establish that traffic inspectors were duly authorized to conduct inspection is a fatal flaw, vitiating conviction. B. Appreciation of Evidence—Material inconsistencies in testimonies of prosecution witnesses regarding the incident, injuries, and sequence of events raise serious doubt—Medical evidence failing to fully corroborate ocular version further weakens the prosecution case—An alleged apology letter, though disputed, supports the defence narrative, reinf...

A. Code of Criminal Procedure, 1973—Sections 125 and 126(1)(b)—Maintenance—Territorial jurisdiction—Application for maintenance can be filed at the place where the wife “resides”—Expression “resides” includes even a temporary residence, provided it is not casual or fleeting—Wife residing at her parental home after being deserted is entitled to invoke jurisdiction of that place—Trial Court erred in rejecting application on ground of jurisdiction—Order set aside and matter remanded for decision on merits. [Paras 16 to 20, 22] B. Code of Criminal Procedure, 1973—Section 126—Meaning of “resides”—Interpretation—“Resides” means a place where a person has a settled abode for a considerable time—Not necessary that resid...