A. Code of Criminal Procedure, 1973—Section 389(1)—Suspension of Sentence—Bail during pendency of appeal—When appropriate—Appellant convicted for offences under Sections 452, 392, 504, 506 read with 120B IPC and sentenced to maximum ten years' RI—Sentence suspended and bail granted pending appeal—Appellate Court held that mere political status (Cabinet Minister) does not suffice for conviction under Section 120B IPC in absence of cogent and admissible evidence of conspiracy—Long delay in FIR and lack of direct role also weighed in favour of appellant. Held: Even though the appellant was a sitting Cabinet Minister, conviction solely on the basis of alleged instigation, without direct participation or admissible evidence of criminal conspiracy, is insufficient. The delay of over three...

A. Civil Procedure Code, 1908—Order 7 Rule 11—Rejection of Plaint—Suit for cancellation of sale deed and permanent injunction—Plaintiff, being a tenant, claimed adverse possession over the property and sought cancellation of the registered sale deed—Held, a tenant is estopped from setting up a claim of adverse possession against the landlord—Suit, thus, disclosed no cause of action and was rightly rejected under Order 7 Rule 11(a) CPC. (Paras 12, 14, 16, 17, 18) B. Civil Procedure Code, 1908—Order 7 Rule 11—Tenancy Dispute—Where the plaintiff is a tenant and disputes the sale of the tenanted premises, the remedy lies under tenancy law and not by challenging the sale deed through a civil suit—Especially when tenancy proceedings are already pending before the competent authority...

A. Criminal Procedure Code, 1973 Section 482—Abuse of process of court—Matrimonial dispute—Summoning of accused family members based on general and omnibus allegations—Courts’ duty to prevent over-implication and exaggerated versions—Reference to Preeti Gupta v. State of Jharkhand, Geeta Mehrotra v. State of U.P., Kahkashan Kausar @ Sonam v. State of Bihar, 2022 1 MMLJ 193—Mere mention of family members without specific allegations does not justify criminal proceedings—Proceedings quashed for lack of prima facie case and abuse of process. (Paras 10, 11, 25, 28-31) B. Penal Code, 1860 Section 498A—Cruelty by husband or relatives—Provision meant to curb cruelty and dowry-related harassment—Misuse in matrimonial discord leading to harassment of husband’s family m...

Indian Penal Code, 1860—Sections 361, 363, 366—Kidnapping and Abduction of Minor Girl for Marriage—The appellant was convicted under Sections 363 and 366 IPC for kidnapping and abducting a 15-year-old girl with intent to marry or engage in illicit intercourse—The prosecution relied on the victim’s credible testimony and documentary evidence, notably a High School mark sheet confirming her age as 15 at the time of the incident—This documentary proof was held to be more reliable than medical opinion for age determination. (Paras 14, 20, 21) Under Section 361 IPC, kidnapping from lawful guardianship necessitates active inducement or persuasion by the accused to take the minor away—Mere facilitation of escape or failure to return the minor does not suffice—Here, the accused actively enticed t...

U.P. Revenue Code, 2006—Section 67—Eviction Proceedings—Settlement of Abadi Sites—Public Purpose—Petitioners claimed land as abadi under Section 9 of the U.P. Zamindari Abolition and Land Reforms Act, 1951, or alternatively sought settlement under Section 67-A of the U.P. Revenue Code, 2006—The court noted consolidation proceedings concluded in 1990, with land carved into new plots recorded as chak, bhumidhari land, chak marg, and nali, unrelated to petitioners—Failure to challenge revenue records for over 35 years amounted to estoppel—Petitioners did not prove lawful possession required under Section 9, as “held” implies lawful holding per Supreme Court precedent (Budhan Singh)—They also failed to fall within preferential categories under Sections 63, 64, and 67-A for sett...

Hindu Marriage Act, 1955—Section 13—Transfer of Matrimonial Proceedings—Transfer Application Allowed—Transfer application filed by wife seeking transfer of divorce petition pending in Family Court, Varanasi to Family Court, Mirzapur on grounds of convenience and hardship due to her residence in Mirzapur—Supreme Court acknowledged applicant’s financial difficulties, distance, and previous related applications pending in Mirzapur—Opposite party opposed transfer citing proximity and economic sufficiency of applicant—Court found applicant’s grounds genuine and allowed transfer to prevent hardship and ensure fair trial. [Paras 1 to 10] ...

A. Constitution of India—Article 227—Supervisory Jurisdiction—Direction for Expeditious Trial—Where the criminal trial arising out of an FIR lodged in 2004 had not commenced even after 21 years, despite submission of the charge sheet in the same year, and the accused had repeatedly failed to appear before the trial court by filing multiple personal exemption applications without justification, the High Court exercised its supervisory jurisdiction under Article 227 of the Constitution to issue detailed directions to ensure fair, speedy, and effective trial—The Court noted that the delay amounted to a serious violation of the petitioner’s right to a fair and expeditious trial and constituted a grave miscarriage of justice. (Paras 11.1, 11.2, 12) B. Criminal Procedure Code, 1973—Sections 482,...

Hindu Marriage Act, 1955—Section 13—Transfer of Divorce Proceedings—Transfer Allowed—Wife filed transfer application seeking transfer of divorce petition pending in Family Court, Muzaffarnagar to Family Court, Lucknow citing hardship due to residing with minor child and aged parents in Lucknow, long distance (700 km), financial constraints, and difficulty in attending court dates—Opposite party/husband opposed transfer alleging potential misuse by wife’s family advocates—Court found wife’s grounds genuine, no evidence of misuse by family advocates, and allowed transfer to prevent prejudice and hardship. [Paras 1 to 10] ...

  Transfer of Property Act, 1882—Sections 54 & 55(4)(b)—Conditional Sale and Title Passage—The decisive factor in determining transfer of ownership under a sale deed is the mutual intention of parties—Where the sale is conditional on payment of consideration, and such payment is not made, title does not pass despite execution and registration of the sale deed—Explicit clauses providing for automatic cancellation of the sale upon dishonour of payment instruments like cheques must be given effect as reflecting the parties’ consensus. Indian Contract Act, 1872—Section 2—Essentiality of Consideration—A valid contract necessitates lawful consideration—Failure to pay the agreed sale consideration, especially when substantial and repeatedly demanded, renders the contract ...

A. Criminal Procedure Code, 1973—Section 125—Maintenance—Broad Interpretation of 'Wife'—In maintenance claims under Section 125 CrPC, strict proof of marriage is not mandatory where parties have lived together as husband and wife for a substantial period—The term ‘wife’ must be interpreted broadly and liberally, being a beneficial provision aimed at securing social justice and dignity. (Paras 16, 32) B. Indian Evidence Act, 1872—Section 114—Presumption of Marriage from Long Cohabitation—Where a couple has cohabited for several years, a presumption of valid marriage arises under Section 114—The law presumes in favour of marriage and against concubinage, unless clearly rebutted—The burden lies heavily on the person seeking to dislodge the presumption. (Para 1...