A. Criminal Procedure Code, 1973 (CrPC)—Section 482—Quashing of FIR—The High Court may quash FIRs to prevent abuse of process of law—However, allegations must be examined in context, and where the FIR contains specific allegations of cognizable offences, mere delay or generality is insufficient for quashing—In the present case, the marriage was solemnized on 08.06.2023, the wife left on 07.08.2023, and the FIR was lodged on 19.09.2023; the chain of events spanning just over three months does not justify quashing (Paras 11, 14, 15). B. Penal Code, 1860 (IPC)—Sections 376, 498A—Section 376 (Exception 2) exempts sexual intercourse with one’s own wife, not a minor, from constituting rape; however, FIRs alleging other offences cannot be quashed on this ground alone (Para 13) C. Section 498A...

A. Criminal Procedure Code, 1973 (CrPC)—Section 397(2)—Revisional powers of High Court—Cancellation of bail constitutes an interlocutory order; hence, the High Court cannot exercise revisional jurisdiction against such orders (Para 20). B. CrPC—Sections 77 and 79—Execution of warrant beyond territorial jurisdiction—A warrant issued to a police officer for execution outside the issuing court’s jurisdiction must ordinarily be endorsed by an Executive Magistrate or the Officer-in-Charge of the local police station where the arrest is to occur—Non-compliance renders the arrest illegal (Para 11). C. Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)—Sections 35(1)(b), 35(3), 35(7)—Arrest not mandatory—Notices under Section 35(3) apply to offences punishable with imprison...

All India Council for Technical Education (AICTE) Regulations — Career Advancement Scheme (CAS) — Ph.D. Requirement — Prospective Application—The requirement of possessing a Ph.D. degree for promotion to higher grade pay under the Career Advancement Scheme (CAS) is prospective in operation and applies only to faculty who entered service after the cut-off date specified in the Regulations; it cannot be imposed retrospectively upon existing incumbents (Paras 12, 13)—For determining eligibility under CAS, the relevant consideration is the date of entry into service, not the date on which promotion becomes due (Para 12). A clarificatory notification issued by AICTE cannot operate as an amendment to existing Regulations so as to curtail accrued service benefits (Para 14). Distinction between technical and non-t...

Juvenile Justice (Care and Protection of Children) Act, 2015—Section 12—Bail of Child in Conflict with Law—Exceptions—Under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015, grant of bail to a child in conflict with law is the statutory rule, regardless of the nature or seriousness of the alleged offence—Denial of bail is permissible only on specific grounds, including association with criminals, exposure to moral, physical, or psychological danger, or when release would defeat the ends of justice—The gravity of the offence and the child’s past conduct are relevant factors in determining whether bail would defeat the ends of justice—In particular, a history of committing similar offences while on bail may justify refusal, as it indicates a risk of repetition and...

Penal Code, 1860—Sections 376, 506 (Part II); Criminal Procedure Code, 1973—Section 164; Evidence Act, 1872—Rape; Criminal Intimidation; Delay in FIR; Sole Testimony; Appreciation of Evidence—In a rape case, delay in lodging FIR, if explained naturally, does not benefit the accused; here, the mother of the survivor was away for nine days attending to another child in hospital—The age of the survivor is irrelevant where the case is not of consensual intercourse and no plea of consent was taken during cross-examination—Medical evidence showing absence of external injuries or an old hymen tear is inconclusive when examination occurs after a month; survivor’s testimony is paramount—Conviction can rest on sole testimony of survivor if it inspires confidence and is consistent—Non-examination...

Constitution of India, 1950—Article 226—Writ jurisdiction—Tenant–landlord dispute—Deposit of rent—Maintainability—Writ petition seeking extension of statutory period for deposit of arrears of rent under the Meghalaya Urban Areas Rent Control Act, 1972, on the ground of COVID-19 pandemic, held not maintainable—Dispute between tenant and landlord regarding payment of rent is purely private and civil in nature, involving seriously disputed questions of fact as to period of default, which cannot be adjudicated in writ jurisdiction—Availability of an alternate efficacious remedy before the Rent Court bars invocation of Article 226—Supreme Court’s orders extending limitation during the pandemic were operative only up to February 2022; writ petition filed after more than one year ...

A. Narcotic Drugs and Psychotropic Substances Act, 1985—Section 37—Bail Application—Accused apprehended for possession of an intermediate quantity of heroin—Trial underway with partial evidence recorded—Court weighs statutory provisions, individual liberty, and public interest—No undue trial delay found. (Paras 15, 18, 19) B. Bail Principles—While Section 37 imposes restrictions on bail in NDPS cases, its criteria such as reasonable belief in innocence and risk of further offences inform the general bail framework; “bail, not jail” remains the guiding maxim unless statutory exceptions apply. (Paras 15, 16) C. Bail Denial—Petition for bail rejected after more than ten months in custody, trial in progress—Court highlights accused’s multiple pending NDPS cases and ...

A. Constitution of India, 1950—Article 136—Supreme Court Jurisdiction—Interference with High Court Order—The High Court correctly held that the disaffiliation was arbitrary and violated principles of natural justice; Supreme Court sets aside the order and directs reconsideration with a fair hearing. (Para 16) B. Constitution of India, 1950—Article 226—Writ Jurisdiction—Applicability to Private Entities—Indian Golf Union (IGU), though a private society, exercises public functions such as team selection and international representation; recognized as National Sports Federation by Government; its disaffiliation decisions impact public interest in sport and are thus amenable to writ jurisdiction. (Paras 11, 12) C. Constitution of India, 1950—Article 226—Availability of Writ Des...

Customs Act, 1962—Sections 124, 110A, and 130—Liability for Unauthorized Disposal of Seized Goods—Right to Compensation—When a government authority seizes goods and subsequently disposes of them without informing the owner, despite a release order being affirmed up to the Supreme Court, it is liable to compensate the owner for the resulting loss—The power to seize goods under Sections 110A and 124 of the Customs Act, 1962, does not extend to their disposal in contravention of judicial directives—In the present case, Customs authorities seized a consignment of betel nuts, alleging illegal importation—The CESTAT ordered their release, and this order was affirmed by the High Court and the Supreme Court—However, despite these binding rulings, Customs officials disposed of the goods without infor...

Meghalaya School Education Act, 1981—Sections 20—The High Court dismissed two writ petitions concerning the management of Mawrapad L.P. and U.P. Schools, affirming that these schools were established by the village Dorbar and should be managed by the community through duly constituted Managing Committees—The Court rejected claims of private ownership, stating that such assertions were unsubstantiated—It directed that the schools' management should remain under the control of the community, with the Sub-Divisional School Education Officer overseeing the administration until an approved Managing Committee is in place—This ruling emphasizes the importance of community governance in the management of schools established by village communities, as per the provisions of the Meghalaya School Education Act, 1981....