A. Motor Vehicles Act, 1988—Section 166—Compensation Claims by Legal Representatives—Status of Married Daughters—A married daughter qualifies as a legal representative eligible to claim compensation regardless of her full financial dependence on the deceased. Her claim is not restricted solely to the no-fault liability under Section 140, and the award amount should be calculated using accepted methods that take into account potential and actual dependency arising from familial ties. (Paras 16, 19, 22, 26, 27, 29) B. Motor Vehicles Act, 1988—Section 140—No-Fault Liability—Distinction Between Eligibility and Quantum of Compensation—Legal representatives hold an inherent right to seek compensation regardless of dependency status, and the amount awarded should at least meet the minimum liabil...

A. Criminal Procedure Code, 1973 (CrPC)—Section 161—Police Examination of Witnesses—Omission to Record Injured Witness’s Statement—Although failure to record a statement under Section 161 does not make the witness’s later testimony inadmissible, it substantially weakens its evidentiary weight and deprives the accused of the opportunity to effectively challenge the witness during cross-examination. (Paras 10–19) B. Indian Evidence Act, 1872—Section 145—Cross-Examination Rights—The accused is entitled to have specific portions of prior written statements highlighted to contradict the witness. Non-recording of the Section 161 statement denies this procedural safeguard, thus affecting the fairness of the trial. (Para 13) C. Penal Code, 1860 (IPC)—Section 307—Attempt...

Penal Code, 1860—Sections 304-B and 498-A—A dowry death case, the court upheld the conviction of the appellant, emphasizing the reliability of prosecution evidence despite delays and hostile witnesses—The testimony of key witnesses, including the prosecutrix and her family, corroborated by medical and documentary evidence, established the demand and acceptance of dowry and subsequent cruelty leading to the deceased’s unnatural death within seven years of marriage, invoking the presumption under Section 113-B of the Evidence Act—The court condemned the practice of unnecessary adjournments, especially delaying cross-examination, highlighting that such delays can lead to witness tampering and undermine the trial’s integrity—It reiterated the duty of courts to ensure trials proceed fairly and expediti...

Arbitration and Conciliation Act, 1996—Section 9—Interim Measures—Injunction against Encashment of Bank Guarantee—Principles—A bank guarantee constitutes a separate contract distinct from the main contract, and its invocation is governed strictly by its terms—Injunctions restraining encashment of an unconditional bank guarantee are rare and permissible only under two exceptional circumstances: (i) where there is fraud of an egregious nature that vitiates the entire bank guarantee transaction itself, or (ii) where special equities exist causing “irretrievable harm” or “irretrievable injustice” that cannot be compensated by monetary damages—Mere disputes concerning the main contract, including allegations of delay or breach, do not justify injunctions against encashment&mdash...

Penal Code, 1860 (IPC)—Sections 363, 366, 354—The conviction for forcible kidnapping, detention, outrage of modesty, and attempt to commit rape was upheld based on consistent and credible testimony of the victim, including her Section 164 CrPC statement—The accused’s acts of forcibly taking and undressing the victim, despite her protest, established clear intent to commit rape under Section 376/511 IPC—Delay in lodging the FIR in sexual offence cases does not necessarily weaken prosecution, considering the sensitivity involved—The prosecutrix’s testimony holds high evidentiary value and does not require strict corroboration—The burden to prove consent lies with the accused, and mere denial without evidence is insufficient—Failure of the accused to offer plausible explanation under Sect...

Prevention of Corruption Act, 1988—Sections 7, 13(1)(d)—Criminalizes a public servant’s demand and acceptance of illegal gratification, requiring proof of a demand as an essential ingredient—Mere recovery of money is insufficient unless it is established beyond reasonable doubt that the accused knowingly accepted it as a bribe—Sections 7 and 13(1)(d) distinguish between acceptance without prior demand and acceptance following a demand, both requiring specific proof of demand or offer through direct or circumstantial evidence—Section 20 allows a presumption that acceptance of gratification was for reward or motive but only after demand and acceptance are proved—Even if the main complainant turns hostile or is unavailable, demand can be established through other evidence; absence of such corroborati...

U.P. Consolidation of Holdings Act, 1953—Section 48—Revisional Jurisdiction—Scope of Power—Re-appreciation of Evidence—Section 48 of the U.P. Consolidation of Holdings Act, 1953, confers wide revisional powers on the Deputy Director of Consolidation (DDC) to examine the record of any case decided or proceeding taken by a subordinate authority—This includes assessing the regularity of proceedings and the correctness, legality, or propriety of any non-interlocutory order—Explanation (3) inserted by amendment clarifies that this power extends to examining any finding of fact or law and expressly includes the power to reappreciate oral or documentary evidence—Thus, the DDC is empowered to scrutinize the entire record, especially in cases of perverse findings, fictitious entries, or forged docume...

These writ petitions challenge orders passed under the U.P. Consolidation of Holdings Act, 1953, and focus on the evidentiary value of entries in revenue records concerning possession and adverse possession—The Court emphasized that under the Act and the U.P. Land Records Manual, entries in revenue records must be made in accordance with prescribed procedures to hold evidentiary value—Additionally, the Court discussed the doctrine of family settlement, clarifying that for its validity, there must be a bona fide dispute, a voluntary agreement, and pre-existing claims or interests in the property—The principles of family settlement aim to amicably resolve family disputes, and the existence of antecedent titles or claims is essential for such settlements to be valid—The Court analyzed these elements while considering ...

Insurance Act, 1938—S.42, 42-D & 114-A—IRDA (Protection of Policyholders’ Interests) Regulations, 2002—Regs. 3(4), 4(1), 4(4)—Utmost Good Faith—Statutory Duty of Disclosure—Effect of Non-compliance by Insurer—In a writ petition challenging the award of the Permanent Lok Adalat in an insurance claim dispute, the High Court upheld the award, emphasizing the foundational principle of uberrima fides (utmost good faith) that governs insurance contracts—While reiterating the duty of the insured to disclose all material facts truthfully, the Court also highlighted the corresponding statutory obligation of insurers under the IRDA (Protection of Policyholders’ Interests) Regulations, 2002, particularly Regulations 3(4), 4(1), and 4(4), to provide complete and clear information to the ...

Civil Procedure Code, 1908—Section 100—Succession Act, 1925—Section 63—Scope of Second Appeal—Concurrent Findings—Will Deed—Fraud—Valid Execution—In a second appeal filed under Section 100 CPC, the High Court reaffirmed the principle that findings of fact recorded by both the trial court and the first appellate court are generally not subject to interference unless shown to be perverse, contrary to evidence, or in violation of law—The appeal challenged concurrent judgments that had decreed the plaintiff-respondent’s suit seeking cancellation of a Will Deed on grounds of fraud—The lower courts had recorded clear findings regarding the plaintiff’s parentage and held that the Will was not validly executed and was obtained through fraudulent means—The High Cou...