A. Negotiable Instruments Act, 1881—Section 138—Demand Notice—Validity—Demand notice is to be read as a whole; mere non-repetition of the cheque amount in the concluding paragraph does not invalidate the notice where the preceding paragraph clearly mentions cheque number, date, amount and dishonour—Requirement of proviso (b) to Section 138 sufficiently complied with. (Paras 8–14) B. Negotiable Instruments Act, 1881—Sections 87 & 138—Cheque—Alteration in date—Material alteration—Cheque printed before 2000 containing pre-printed digits “19”, subsequently struck off and replaced by “2004”, held not to constitute material alteration when cheque was used after 2000—Accused neither disputed signature/issuance nor led evidence that alteration w...

A. Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987—Section 83(2)—Withdrawal of proceedings—Withdrawal of an original application with liberty to initiate fresh proceedings under the amended statutory provisions is permissible where no vested right of the opposite party is affected and the amendment is procedural in nature—Repeal and substitution of procedural provisions do not ordinarily impair accrued rights. B. Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987—Sections 29 & 83(2)—Competency to issue notice—Where no Executive Officer is appointed and the Commissioner authorises a Founder Family member under the proviso to Section 29 to discharge the functions of an Executive Officer, such authorised person is competent t...

A. Civil Procedure Code, 1908—Section 100—Second Appeal—Substantial Question of Law—The existence of a substantial question of law is a sine qua non for the exercise of jurisdiction by the High Court under Section 100 CPC—Concurrent findings of fact recorded by the courts below, upon proper appreciation of oral and documentary evidence, do not warrant interference unless such findings give rise to a substantial question of law. [Paras 13, 15, 22, 23] B. Specific Relief Act, 1963—Specific Performance—Oral Agreement of Sale—Burden of Proof—A plaintiff seeking specific performance on the basis of an oral agreement of sale must specifically plead and prove the existence of a valid contract and payment of consideration—In the absence of reliable oral or documentary evidence establ...

A. Civil Procedure Code, 1908—Section 100—Second Appeal—Scope of interference—It is well settled that a second appeal can be entertained only where a substantial question of law arises—Re-appreciation of facts or documentary evidence does not, by itself, give rise to a substantial question of law—Concurrent findings of fact recorded by the Trial Court and the First Appellate Court are immune from interference unless they are perverse, unsupported by evidence, ignore material evidence, or are contrary to settled legal principles. [Paras 13–28] B. Civil Procedure Code, 1908—Sections 100 & 21—Execution of possession decree—Consequential relief—Once a decree for possession attains finality, the executing court is empowered to pass all necessary orders for its effective ...

A. Andhra Pradesh Panchayat Raj Act, 1994—Section 119; Andhra Pradesh Panchayat Raj (Licensing of Machinery and Manufacturing Units) Rules, 1966—Rule 3(n)—Manufacture of Sweets in Residential Area Without Licence—Held: Manufacture of sweets in a premises situated within a residential area requires a valid licence from the competent authority under Section 119 of the Andhra Pradesh Panchayat Raj Act, 1994 read with Rule 3(n) of the 1966 Rules. Payment of licence fee or taxes for running a sweet shop does not authorise operation of a separate manufacturing unit. A person carrying on manufacture of sweets without obtaining the requisite statutory permissions cannot claim a right to continue such activity merely on the basis of long-standing operation. (Paras 22–28, 42–44). B. Principles of Natural Justi...

A. Civil Procedure Code, 1908—Section 100—Second Appeal—Substantial Question of Law—A second appeal is maintainable only when a substantial question of law arises which materially affects the rights of the parties—Mere reappreciation of facts or evidence does not constitute a substantial question of law, and the High Court should not interfere with concurrent findings of fact where two possible inferences may arise from the evidence. B. Civil Procedure Code, 1908—Section 100—Pleadings and New Contentions—Questions of law which require foundational facts cannot be raised for the first time in second appeal if such facts were not pleaded or proved before the courts below—Contentions not raised in pleadings or evidence before the trial court or the first appellate court are not permiss...

Code of Criminal Procedure, 1973, Section 482 / Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528—Matrimonial Dispute—Cruelty and Dowry Allegations—Vague and Omnibus Allegations Against Relatives—Quashing of Proceedings: Mere casual reference to the names of the husband’s relatives in a matrimonial complaint, without specific allegations disclosing their individual role, date, time, place or particular overt acts, is insufficient to sustain prosecution under Section 498-A IPC or the Dowry Prohibition Act—Distant relatives cannot be roped in on the basis of sweeping and generalized allegations unsupported by concrete material—Where the FIR, statements recorded during investigation and charge-sheet, even if accepted at their face value, fail to disclose the essential ingredients of the alleged o...

Motor Vehicles Act, 1988—Sections 163-A and Compensation—Just Compensation Principles—Claims under Section 163-A read with Schedule II of the Motor Vehicles Act, 1988, are subject to statutory caps; however, courts may deviate from these caps to ensure “just compensation,” particularly for minors or in cases of severe injury (A). Compensation assessment considers loss of earning capacity, pain and suffering, cost of future treatment, attendant charges, loss of amenities of life, and diminution of future prospects (B). Schedule II caps on notional income are not rigid and should be adjusted for inflation, currency devaluation, and rising cost of living, in line with Supreme Court guidance (C). Permanent disability does not mechanically translate into proportional loss of earning capacity; factors such as age, ...

A. Code of Criminal Procedure, 1973—Section 125—Maintenance—Nature and scope—Maintenance is a measure of social justice aimed at preventing destitution and vagrancy—Right is recurring and independent of other proceedings—Strict proof of marriage not required—Oral evidence sufficient in summary proceedings—Quantum to be fixed considering status, needs, and means—Order granting maintenance to wife and minor child upheld. [Paras 8, 31, 33, 37 and 39] B. Code of Criminal Procedure, 1973—Sections 397 and 401—Revision—Interference—Revisional jurisdiction limited—Interference warranted only in case of perversity, illegality or material irregularity—Family Court’s order based on proper appreciation of evidence and settled principles—No pr...

Constitution of India, 1950—Article 226—Writ of Mandamus—Compassionate Appointment—Laches and Delay—Petitioner sought compassionate appointment following his father’s medical invalidation retirement—The scheme for compassionate appointment was initially struck down by the High Court and subsequently revived by the Supreme Court—The petitioner filed the writ petition 19 years after initial rejection—The Court held that the petition was barred by laches, observing that the purpose of compassionate appointment is to alleviate immediate financial hardship faced by the family of the deceased or retired employee, and is not a vested right—Substantial delay defeats the object of the scheme—Evidence showed that the petitioner’s family had been financially sustaining itself: c...