A. Criminal Procedure Code, 1973 (CrPC)—Section 439—Bail—Unlawful Activities (Prevention) Act, 1967 (UAPA)—Section 43D(5)—Grant of bail—Delay in trial—Prolonged incarceration and lack of progress in trial constitute valid grounds for granting bail, even under stringent statutes like UAPA. B. CrPC—Section 439—Bail—Constitutional Safeguards—Extended detention may render continued incarceration unconstitutional, potentially overriding statutory restrictions under Section 43D(5) if the trial is unlikely to conclude within a reasonable time. C. UAPA—Section 43D(5)—Bail—Consideration of Delay—Delay in trial must be assessed in totality, considering nature of allegations, statutory framework, and causes of delay, not merely passage of time. D. CrPC...

Criminal Procedure Code, 1973—Section 374(2)—Appeal Against Conviction—Reappreciation of Evidence—In an appeal against conviction under Section 374(2) CrPC, the appellate court is duty-bound to re-examine whether the prosecution has established guilt beyond reasonable doubt, particularly where conviction under Sections 302/34 IPC is challenged on grounds of absence of credible evidence and lack of proof of common intention (Para 9). Penal Code, 1860—Sections 302/34—Circumstantial Evidence—Common Intention—Where the prosecution case rests substantially on circumstantial evidence, the chain of circumstances must be complete and unbroken—Hostility of seizure list witnesses and failure to convincingly prove recovery of alleged incriminating articles, such as blood-stained clothes, creat...

Penal Code, 1860—Sections 302, 304 Part I, 34—Murder vs. Culpable Homicide—Application of Section 300 Exception 4 In a case arising out of a sudden quarrel between brothers over house construction, resulting in death, the conviction under Section 302 IPC was modified to Section 304 Part I IPC (Paras 30–62) The Court held that the incident occurred without premeditation, in the heat of passion during a sudden fight, and without the accused taking undue advantage or acting in a cruel or unusual manner, thereby attracting Exception 4 to Section 300 IPC (Paras 38–40, 45). Testimony of the sole eyewitness (wife of the deceased) revealed that the appellants were initially unarmed and procured weapons only after a scuffle; they did not flee the scene—circumstances inconsistent with a pre-planned murde...

Criminal Procedure Code, 1973—Section 319—Summoning of Person Not Initially Accused—Anticipatory Bail—Right to Liberty, Article 21, Constitution of India—Petitioner apprehended arrest under Sections 376(G) IPC and 4/6 POCSO Act after being summoned under Section 319 Cr.P.C., although not charge-sheeted or arraigned initially—Summoning under Section 319 is a discretionary and extraordinary power, exercisable only on careful judicial consideration of evidence, and must balance personal liberty and societal interest (Paras 6–7)—Mere issuance of summons under Section 319 does not preclude grant of bail, especially when the petitioner has no prior involvement in trial proceedings, and no likelihood of tampering with evidence or evading law exists (Paras 5, 7–8)—Apprehension of arrest ...

Hindu Marriage Act, 1955—Section 13(1)(i-a)—Cruelty and Desertion—Appellate Review—Allegations of cruelty and desertion under Sections 13(1)(i-a) and (i-b) of the Hindu Marriage Act, 1955, must be established by cogent evidence—Mere assertions, including claims of illicit relationships, are insufficient, particularly when the alleged third party is not impleaded as a respondent—Separation of a spouse may not constitute desertion if it arises from compulsion or circumstances created by the other spouse’s conduct—Appellate courts, under Section 19 of the Family Courts Act, 1984, are empowered to re-examine both law and facts, reappraise evidence, and arrive at independent conclusions, ensuring that lower court findings are not perverse—In matrimonial proceedings, proof is evaluated on th...

Pensionary Benefits—Excess Payment and Notional Promotions—Contempt Proceedings—An employee’s pensionary benefits are subject to adjustment where excess amounts have been paid pursuant to revision orders, such as under the 6th Pay Revision Commission (PRC)—While the bank is entitled to deduct overpaid amounts arising from such revisions, payments made on account of notional promotion benefits cannot be deducted, particularly where the employee retired prior to bifurcation of the State and formation of a new State with separate entitlements—Disposal of a contempt petition on the ground of submission of a representation does not amount to acceptance of correctness of the authority’s decision—Notional promotion benefits, once disbursed, remain protected from retrospective deductions if the empl...

Family Courts Act, 1984—Section 19—Mohammedan Law—Restitution of Conjugal Rights—Appeal and Cruelty—Under Section 19 of the Family Courts Act, 1984, the High Court, in its appellate jurisdiction, can reappraise both law and fact, effectively conducting a rehearing of the original suit—A decree for restitution of conjugal rights under Mohammedan Law (Section 281) is not automatic; the Court must consider all circumstances, including whether compelling cohabitation would be inequitable, particularly where cruelty or harassment is established—Family Courts, under Section 14, may admit evidence even if not strictly admissible under the Evidence Act, reflecting a broader approach to matrimonial dispute resolution—Legal cruelty encompasses violence or behavior creating a reasonable apprehension of...

Hindu Marriage Act, 1955—Section 13(1)(ia)—Cruelty as Ground for Divorce—Under Section 13(1)(ia) of the Hindu Marriage Act, 1955, cruelty is a recognized ground for divorce—To establish cruelty, the conduct of one spouse must be grave and weighty, rendering it unreasonable for the other spouse to continue cohabitation, going beyond the ordinary vicissitudes of married life—The concept of cruelty is dynamic and must be evaluated in light of the peculiar facts, social context, cultural norms, and individual temperament—Allegations of mental disorders, insanity, or extramarital conduct may constitute cruelty if proven to affect marital life—An appellate court will interfere only if the trial court’s findings are perverse, i.e., based on no evidence, ignoring relevant material, considering irrel...

Constitution of India, 1950—Articles 14—Public Employment / Illegal Appointments / Daily Wagers / Termination / Salary Arrears—Writ petition challenging termination of daily wagers and claiming salary arrears was dismissed—Appointments were made without advertisement, due process, or adherence to selection rules, constituting backdoor entry in violation of Articles 14 and 16 of the Constitution, thereby violating equality of opportunity in public employment—Engagement of daily wagers without following prescribed rules can be validly terminated—Payment of salary arrears, including court-directed payments, does not cure the illegality of appointments—Long service by individuals cannot validate appointments made in contravention of statutory and constitutional provisions—Judicial precedents hol...

A. Criminal Procedure Code, 1973—Section 482—Quashing of FIR and criminal proceedings—Continuation of proceedings against petitioner, where no offence is made out, amounts to abuse of process of law—FIR and proceedings can be quashed to prevent misuse. (Para 14) B. Indian Penal Code, 1860—Section 406—Criminal breach of trust—Essential ingredients include entrustment of property and misappropriation or conversion—No entrustment alleged against petitioner; offence not made out. (Paras 12, 13) C. Indian Penal Code, 1860—Section 420—Cheating. Deception must exist from inception of the transaction—If intention to cheat develops later, it does not constitute cheating—Petitioner’s role limited to introduction to co-accused and witnessing agreement; no decept...