A. Hindu Succession Act, 1956—Section 14—Self-acquired Property of Female Hindu—Registered Sale Deed in Name of Mother—Held, property purchased through registered sale deed and recorded exclusively in name of female Hindu vests absolutely in her; plea of joint family property or contribution by sons not sustainable in absence of proof—Concurrent findings of courts below affirmed. [Paras 16–17] B. Protection of Women from Domestic Violence Act, 2005—Sections 17 & 19—Shared Household—Claim by Son and Daughter-in-law—Held, where suit property is self-acquired and exclusively owned by mother-in-law, same cannot be treated as “shared household” enabling son and daughter-in-law to claim right of residence against her wishes. [Paras 17–18] C. Code o...

A. Administrative Law—Principles of Natural Justice—Opportunity of Hearing—State’s contention that a writ petition was allowed at the admission stage without filing a counter was rejected—Court held that the Single Judge considered the grounds raised | and there was no denial of opportunity of hearing to the State. (Para 4.1) B. Civil Services (Pension) Rules, 1992—Rules 3 and 18(3)—Pensionary Benefits for Casual and Work-charged Employees—State argued casual and work-charged employees are not entitled to pension—Court noted that this contention has been repeatedly negatived in earlier cases, including Supreme Court dismissal of SLPs against similar judgments, affirming grant of pensionary benefits. (Para 4.2) C. Classification—Equality—“Class within a Class&rdq...

A. Court Hierarchy and Judicial Discipline—Coordinate Bench—Binding Nature of Precedent—It is a settled principle of judicial discipline that a coordinate bench of equal strength is bound by the decision of an earlier coordinate bench—In the event of disagreement with the legal principles or conclusions recorded therein, the only permissible course is to refer the matter to a larger bench for authoritative determination—A coordinate bench cannot take a contrary view merely because it holds a different opinion, as such an approach would lead to inconsistency in the administration of justice and erode the certainty of law. B. Court Proceedings—Writ Jurisdiction—Tender Conditions—Judicial Review—Dismissal of Petition—The writ petition challenging the validity of a tender clause w...

Motor Vehicles Act, 1988—Section 163A—Structured Formula Compensation—Maintainability of Claim—Income Ceiling—Claim petition under Section 163A of the Motor Vehicles Act was dismissed by the Tribunal on the ground that the deceased’s annual income exceeded Rs. 40,000/- after including fooding allowance as part of wages—Held, the Tribunal erred in law—Fooding allowance, being paid exclusively for the personal sustenance of the employee during the course of employment, does not enure to the benefit of the dependents and therefore cannot be included while computing annual income for the purpose of Section 163A read with the Second Schedule—On exclusion of such allowance, the deceased’s income falls within the statutory limit, rendering the claim maintainable—Insurance—Co...

Criminal Law—Penal Code, 1860—Sections 376(2)(f)(i), 451—Protection of Children from Sexual Offences Act, 2012—Section 6—Rape of minor—Appeal against conviction—Dismissed—Appellants were convicted under Section 376(2)(f)(i) IPC and Section 6 of the POCSO Act for committing rape on a minor, and under Section 451 IPC for house-trespass with intent to commit an offence—FIR was lodged by the mother of the victim, and the victim’s statement recorded under Section 164 Cr.P.C—fully corroborated the allegations—The testimony of the prosecutrix was found to be natural, cogent, and trustworthy, and was sufficient to sustain conviction even in the absence of corroborative medical evidence—Though the medical examination did not reveal recent signs of sexual intercourse, the...

Criminal Law—Narcotic Drugs and Psychotropic Substances Act, 1985—Sections 20(b)(ii)(C), 29, 52-A—Possession of Ganja—Conviction and Sentence—Appeals—Evidence and Appreciation—Appellants, occupants of a vehicle from which contraband ganja was seized, were found in conscious possession of the narcotics beyond reasonable doubt—Minor discrepancies in witness statements or procedural handling, such as Malkhana entries and brass seal issues, did not materially affect the core evidence—The trial court's appreciation of evidence, including weighing and sampling in the presence of an Executive Magistrate, was held to be proper—Appeals against conviction and sentence under Sections 20(b)(ii)(C) and 29 NDPS Act were dismissed, affirming the principle that minor variations in witness te...

Criminal Law—Penal Code, 1860 (IPC)—Sections 363, 366A, 376(2)(i), 376D, 323/34—Protection of Children from Sexual Offences Act, 2012—Section 6—Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989—Section 3(2)(v)—Appeal—Conviction for rape and kidnapping—Evidence—Medical and Forensic Reports—Quashing—Conviction for rape and kidnapping is unsustainable where crucial medical evidence is neither exhibited nor corroborated, and the doctor who conducted the examination is not examined as a prosecution witness—Reliance solely on the victim's Section 164 Cr.P.C—statement, without supporting medical evidence and in the face of a forensic report showing no findings of sexual assault, renders the prosecution case weak and incapable of estab...

Civil Procedure Code, 1908—Order 7 Rule 11; Specific Relief Act, 1963—Section 14(1)(c)—Rejection of Plaint—Jurisdiction Clause and Necessary Parties: At the stage of O.7 R.11, the plaint alone is considered; the court cannot examine defenses or written statements—A suit can be rejected if the plaint discloses no cause of action, is barred by law, or violates an exclusive foreign jurisdiction clause, making it unenforceable in the forum chosen—However, if a necessary party not bound by the jurisdiction clause is involved, the suit may proceed—Plaintiffs cannot claim partial relief against some defendants; the plaint must be accepted or rejected as a whole—Contracts terminable at the option of parties may bar specific performance claims—Exclusive jurisdiction clauses in international agr...

Succession Act, 1925—Section 57; Transfer of Property Act, 1882—Sections 122, 123; Evidence Act, 1872—Sections 101–110; Contract Act, 1872—Section 16—Gift vs. Will—Burden of Proof: In Gadajat areas like Keonjhar, probate is not required for Wills; civil courts can adjudicate validity of un-probated Wills—A valid gift requires acceptance during the donor’s lifetime, which can be inferred from possession or conduct; delivery of possession is not essential for immovable property—The burden of proving invalidity rests on the party challenging the document; improper shifting of this burden is erroneous—Undue influence is assessed via relationship, inducement, and unconscionability, with the burden shifting if proved—The intention of the executant governs a document as a Gi...

A. Protection of Women from Domestic Violence Act, 2005—Section 12—Maintainability—Nature of relationship—Maintainability of an application under Section 12 cannot be rejected at the threshold merely on the plea that the relationship was not in the nature of marriage—The nature of relationship, whether a valid marriage, relationship in the nature of marriage, or otherwise, is a mixed question of fact and law requiring evidence—Summary dismissal without permitting parties to lead evidence held unjustified. [Paras 6, 10, 14, 15] B. Protection of Women from Domestic Violence Act, 2005—Section 12—Domestic relationship—Shared household—Pleadings—Existence of a domestic relationship and shared household is a sine qua non for proceedings under Section 12—In absence o...