National Investigation Agency Act, 2008—Section 21(4)—Explosive Substances Act, 1908—Sections 3 and 4—Bail in Absence of Recovery and Prolonged Incarceration—Bail can be granted in cases under the Explosive Substances Act when no explosive materials have been recovered from the accused, and they have undergone significant incarceration, especially post-framing of charges—Prolonged pre-trial detention without substantial evidence of possession of explosives weakens the justification for continued custody—In the present case, five appellants were charged under the Unlawful Activities (Prevention) Act (UAPA), Arms Act, and Explosive Substances Act—However, no explosive substances were recovered from their possession—Considering that they had been in custody since July and August 2024, the...

Service Law—Dismissal—Validity of Disciplinary Proceedings—A disciplinary dismissal can be upheld based on inquiry findings, including audio-video evidence and a compromise agreement, even if the charged employee initially denied the allegations—In a case concerning dismissal from service for accepting a bribe, the High Court upheld the decision, finding no procedural infirmity in the disciplinary process—The court relied on multiple factors: (i) the complainant’s statement detailing the bribery incident, (ii) audio-video recordings capturing the illicit transaction, and (iii) the employee’s subsequent compromise agreement involving the return of the bribe money, which contradicted his initial denial of the allegations—The court observed that the combination of direct and corroborative evide...

Setting Aside of Industrial Tribunal Award—An industrial tribunal's award can be set aside if the reference is vague, the representation of workmen is not properly established, and the tribunal fails to consider foundational facts and evidence—In a case concerning wage arrears claimed by ex-employees, the Industrial Tribunal ruled in favor of the claimants—However, the High Court set aside the award, citing multiple deficiencies: (i) the reference made to the tribunal was vague and lacked clarity on the specific dispute, (ii) the claim was pursued by an unrecognized association, raising doubts about the legitimacy of the workmen’s representation, and (iii) there was an absence of verified evidence regarding the identities of the ex-employees, their employment history, and whether they had voluntarily retired un...

Evidence Act, 1872—Section 90—Presumption Regarding Ancient Documents and Recitals—Recitals in a registered settlement deed more than 30 years old are not conclusive proof of the truth of the recited facts—The presumption under Section 90 of the Indian Evidence Act applies primarily to the execution, signature, and attestation of an ancient document, but not to the veracity of its contents, which require independent proof if disputed—In a second appeal challenging the reversal of a trial court's dismissal of a suit for title declaration, the High Court held that the first appellate court erred in treating the recitals in a registered settlement deed as conclusive proof of the vendor's title without corroborative evidence—The appellate court had accepted recitals referring to a past rent suit and...

Penal Code, 1860 (IPC)—Section 302—Murder Conviction and Evidentiary Consistency—A conviction for murder under Section 302 IPC can be upheld if the prosecution establishes the guilt of the accused beyond a reasonable doubt through consistent eyewitness testimony, even if there are minor discrepancies in the initial report or medical opinion regarding the distance of firing—The court emphasized that procedural delays, such as the late transmission of the FIR to the Magistrate due to court holidays, do not necessarily vitiate the prosecution’s case if satisfactorily explained—In the present case, the High Court dismissed the criminal appeal against the conviction and life sentence of the appellant for murder—The court noted that multiple eyewitnesses consistently testified that the appellant had fir...

Penal Code, 1860 (IPC)—Section 376 and 34—Conviction for Rape Based on Solitary Witness Requires Reliability or Corroboration—A conviction for rape under Section 376 IPC, particularly when based solely on the testimony of the prosecutrix, requires that her statement be wholly reliable—If the victim’s testimony suffers from material inconsistencies or contradictions, independent corroboration is necessary to sustain the conviction—In the present case, the High Court allowed the appeals and set aside the conviction and sentence of  the accused under Sections 376 and 34 IPC—The court found that the prosecutrix’s testimony was marred by inconsistencies, rendering it unreliable in the absence of corroborative evidence—Additionally, the lack of supporting medical evidence further weaken...

Penal Code, 1860 (IPC)—Section 302—Murder—Benefit of Doubt Due to Unreliable Eyewitness Testimony—A conviction for murder under Section 302 IPC cannot be sustained solely on the testimony of eyewitnesses, particularly if they are interested witnesses, when their accounts contain significant contradictions, lack independent corroboration, and when credible defense evidence casts doubt on their presence and veracity—In this case, the High Court heard a criminal appeal against the conviction and life sentence of the appellants for murder—The prosecution primarily relied on the testimony of two eyewitnesses, one of whom was the deceased’s wife—However, the court found major inconsistencies in their statements regarding the sequence of events and their position at the time of the incident—F...

Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982—Section 11(1)(d)—Eviction for Default in Payment of Rent—Under Section 11(1)(d) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982, a tenant is liable for eviction if they default in the payment of rent for two consecutive months—In the present case, the eviction suit was filed on the ground that the tenant had failed to pay rent for a period exceeding two months—The trial court, after examining the evidence, concluded that the tenant was indeed in default, satisfying the statutory requirement for eviction—On appeal, the first appellate court upheld the eviction decree, reaffirming the tenant’s failure to clear outstanding rent dues within the prescribed period—In the second appeal before the High Court, the tenant...

A. Specific Relief Act, 1963—Sections 16(c) and 19—Specific Performance Against Subsequent Purchasers—A decree for specific performance of a contract can be enforced against a subsequent purchaser who had notice of the prior agreement—Under Section 19(b) of the Specific Relief Act, a transferee for value who had knowledge of an existing agreement to sell is bound by the contract and may be directed to join in the conveyance—The need for cancellation of the later sale deed does not arise, as specific performance operates against the subsequent purchaser who is not a bona fide transferee without notice—The Supreme Court has reiterated that mere registration of a subsequent sale does not override the prior contractual rights of the plaintiff in a specific performance suit. B. Transfer of Property Act, 1...

Motor Vehicles Act, 1988—Section 2(21)—Validity of Light Motor Vehicle (LMV) Licence for Driving a Light Goods Vehicle (Pick-Up Van)—Compensation for 100% Permanent Disability—A person holding a valid driving licence for a Light Motor Vehicle (LMV) is competent to drive a Light Goods Vehicle (pick-up van) without requiring a separate endorsement, provided the vehicle’s unladen weight does not exceed 7500 kg—The High Court dismissed an appeal by the National Insurance Company Ltd. challenging the compensation awarded by the Motor Vehicle Accident Claims Tribunal (MACT) for injuries sustained in an accident involving a pick-up van—The insurance company contended that the driver was not authorized to drive a commercial goods vehicle—However, the court upheld the Tribunal’s findings, stati...