Unlawful Activities (Prevention) Act, 1967—Section 43-D(5)—Bail—Delay in Trial—Right to Speedy Trial—Harmonisation with Constitutional Guarantees—Appellant accused under IPC and UAPA for allegedly acting as an Over Ground Worker (OGW) of CPI (Maoist) by providing logistic support in connection with a terrorist attack resulting in the death of four police personnel—Appellant in custody for nearly six years—Only 13 witnesses examined, with several more yet to be examined, making completion of trial in the near future highly unlikely.—Held, though Section 43-D(5) UAPA imposes stringent restrictions on grant of bail, such rigour is not absolute and must be harmonised with constitutional courts’ powers to protect fundamental rights under Part III of the Constitution, particularly the ...

A. Criminal Procedure Code, 1973—S. 482 (formerly S. 528 Cr.P.C.)—Quashing of Criminal Proceedings—Matrimonial Dispute—Petition under inherent powers to quash proceedings under Ss. 498A/34 IPC and Ss. 3/4 of the Dowry Prohibition Act granted where the parties, husband and wife, have reconciled and restored their conjugal life—Dispute is private, settlement is genuine, and continuation of proceedings would serve no public purpose—Quashing held justified to prevent abuse of process of law and oppression of the accused. (Paras 2, 3, 5, 7, 8, 9) B. Criminal Law—Abuse of Process—Matrimonial/Family Disputes—Effect of Settlement—Where matrimonial dispute is settled and parties have reconciled, continuation of criminal proceedings is unnecessary and amounts to abuse of process, as the...

Unlawful Activities (Prevention) Act, 1967—Section 43-D(5)—Bail A. Prohibition on Bail and Constitutional Safeguards: Statutory restrictions under Section 43-D(5) UAPA do not prevent courts from granting bail to protect fundamental rights—Court’s power to grant bail can be harmonized with statutory provisions, particularly where trial is unlikely to conclude soon and the accused has already undergone substantial custody—This ensures that statutory provisions are not used solely to deny bail or infringe the right to speedy trial. (Para 17) B. Comparison with NDPS Act, Section 37: Section 43-D(5) is less stringent than Section 37 of the NDPS Act—Unlike NDPS Act, it does not require satisfaction that the accused is not guilty or unlikely to commit further offences—It serves as an additional gro...

Electricity Act, 2003—Sections 126 and 127—Assessment and Appeal—Proceedings initiated under Section 126 for unauthorized use of electricity result in a final assessment order, against which an appeal lies under Section 127—This statutory framework constitutes a complete code for adjudicating disputes related to unauthorized consumption. (Paras 33, 34, 45, 46) Electricity Act, 2003—Sections 126, 135, and 154—Distinct Proceedings—Proceedings under Section 126 (unauthorized use) are civil and do not require mens rea, while Section 135 pertains to criminal prosecution for theft of electricity—Both proceedings can run concurrently without affecting each other. (Paras 38–42, 44) Electricity Act, 2003—Section 127—Right to Appeal—A consumer aggrieved by the final asses...

Jharkhand Minor Mineral Concession Rules, 2004—Rule 54(6)—Scope and interpretation—Authority of District Mining Officer to impose penalties under Rule 54(6) is grounded in the statutory power conferred by Section 21(5) of the Mines and Minerals (Development and Regulation) Act, 1957—Relevant State notifications further empower designated officers to enforce penalties for unauthorized mining activities. (Paras 22–24) Natural Justice—Violation of principles—Penalty imposed without furnishing the inspection report or sectional measurement documents to the party concerned—Such omission infringes the fundamental principles of natural justice as the affected party was denied an opportunity to examine the basis of the penalty. (Paras 27–29, 31, 32) Mines and Minerals (Development and Re...

Family Courts Act, 1984—Section 19(1)—Appeal against Family Court order—Delay of 207 days in filing appeal—Application for condonation of delay—Applicant cited father's illness, financial difficulties, and delay in obtaining certified copies as reasons—Court held that condonation of delay is an exceptional remedy requiring sufficient cause and bona fide explanation—Father's illness and financial difficulties, especially for a government employee, were inadequate to justify such a prolonged delay—No satisfactory explanation for the entire period of delay—Application for condonation dismissed. (Paras 44–47) Limitation Act, 1963—Section 5—Condonation of delay—Purpose of limitation law is to ensure finality in litigation—Discretionary power to condo...

A. Specific Relief Act, 1963, Section 34—Suit for Declaration—Maintainability—A suit seeking a declaration that a sale deed is void ab initio is maintainable even without a prayer for cancellation of the deed—The plaintiff, not being an executant of the deed, is not bound to sue for cancellation and may treat the deed as non-existent if it does not affect or bind them. (Paras 110, 111, 116) ...

Right to Information Act, 2005—Section 2(h)—Definition of ‘Public Authority’—An entity receiving ownership, control, or substantial financing from the appropriate Government qualifies as a public authority—A college granted aid by the State Government falls within this definition. (Paras X) Review Petition—Grounds for Admission—Limited to error apparent on face of record, mistake, discovery of new and important matter, or other sufficient reason—Review is not a rehearing or an opportunity to ventilate differences of opinion on decided issues. (Paras X) Right to Information Act, 2005—Section 2(h)(d)(i)—Meaning of ‘Substantially Financed’—Requires financing to be actual, existing, positive, and real to a substantial extent—Mere moderate or tolera...

A. Constitution of India, 1950—Article 226—Writ of Mandamus—Mining Lease and Possession of Raiyati Land—Petitioner sought direction for handover of Raiyati land for mining operations under a granted lease—Court examined interplay between CMSP Act, MMDR Act, and CNT Act. Relief denied. (Para —) B. Coal Mines (Special Provisions) Act, 2015—Section 8(7) & (8)—Vesting Order and Possession—Successful bidder entitled to possession and grant of mining lease without obstruction, subject to compliance with other applicable laws. (Para —) C. Mines and Minerals (Development and Regulation) Act, 1957—Mineral Concession Rules, 1960—Rules 72 & 73—Surface Rights Compensation—Provisions ensure landowners are compensated for use of land and damages to surface...

A. Penal Code, 1860 (IPC)—Sections 392, 394, 397—Robbery and Armed Robbery—Conviction and Appeal—The prosecution established the factual matrix of a bank robbery, including the accused’s apprehension and recovery of looted cash—The defence plea of false implication based on mistaken identity was rejected—Accused were caught red-handed with the stolen cash—Appeal against conviction dismissed on merits. (Paras 16, 17) B. Penal Code, 1860 (IPC)—Sections 392, 394, 397—Sentence Modification—Considering the appellants had undergone over four years of imprisonment during trial and more than two decades had lapsed since the 2000 appeal, alongside their reformation and reintegration into society, the sentence was reduced to the period already served. (Paras 18, 19) C. Criminal...