A. Code of Criminal Procedure, 1973—Section 482—Penal Code, 1860—Sections 504, 506—Quashing of proceedings—Mala fide complaint—Proceedings liable to be quashed where complaint is manifestly attended with mala fide and instituted with ulterior motive to harass accused—Where allegations are improbable and complaint is filed to settle personal score, continuation of proceedings amounts to abuse of process—Case falls within categories laid down in Bhajan Lal. [Paras 11, 14] B. Code of Criminal Procedure, 1973—Sections 200, 202, 204—Judicial process—Summoning of accused—Application of mind—Summoning of accused is a serious matter and Magistrate must apply judicial mind to material on record—Mechanical issuance of summons without proper consideration of ...

A. Criminal Appeal—Code of Criminal Procedure, 1973—Section 374—Conviction under Indian Penal Code, 1860 Sections 148, 302/149—Conviction upheld where FIR was promptly lodged and eyewitness testimony was consistent and corroborated by medical evidence—Defence evidence suffered from material contradictions and was found unreliable—Appeal dismissed. B. Evidence—Indian Evidence Act, 1872—Section 114 (Illustration g)—Identification parade—Rejection of an application for test identification parade does not vitiate the trial—Identification parade is only corroborative and not substantive evidence; its absence is not fatal if other reliable evidence exists. C. Criminal Procedure—CrPC—Section 157—FIR to Magistrate—Delay or failure in forwarding FIR to ...

A. Statutory Right under U.P. Zamindari Abolition and Land Reforms Act, 1950—Section 122-B(4-F)—Section 122-B(4-F) confers a substantive and positive right on landless agricultural labourers belonging to Scheduled Castes who are in occupation of Gaon Sabha land—Such persons are entitled to be recognized as Bhumidhar with non-transferable rights, and this right is automatic—no need to seek allotment under Section 195—Revenue records must be corrected accordingly, and any lease granted by Gaon Sabha in favour of others is non est against such statutory entitlement. B. Revisional Jurisdiction—Sections 122-B(4-A) & 333. No revision lies against orders passed under Section 122-B(4-F), as it is an independent provision not covered under Section 122-B(4-A)—Since revisional power is purely statutor...

A. Negotiable Instruments Act, 1881—Sections 138, 141—Code of Criminal Procedure, 1973—Section 482—Dishonour of cheque—Offence by company—Vicarious liability—Arraignment of company as an accused is a mandatory pre-condition for invoking vicarious liability of directors or persons in charge under Section 141—Where cheque is issued by company but company is neither impleaded nor served with statutory notice, prosecution against Managing Director alone is not maintainable—Proceedings liable to be quashed. [Paras 13, 14, 21] B. Negotiable Instruments Act, 1881—Sections 138, 141—Corporate criminal liability—Distinction—Corporate criminal liability attaches primarily to the company and extends to officers only through deeming fiction—Doctrine of strict c...

A. Constitutional Safeguards and Arrest Procedure—Under Article 22(1) of the Constitution of India and Section 50 CrPC, it is mandatory that the grounds of arrest be communicated to the accused in writing and in a language understood by them, ensuring protection of personal liberty and procedural fairness. B. Requirement of Written Communication—Written communication of grounds of arrest is the general rule for all offences—Non-compliance ordinarily vitiates the arrest, rendering it illegal and entitling the accused to relief. C. Exceptional Circumstances—In cases of flagrante delicto, oral communication may suffice initially, provided written grounds are furnished within a reasonable time, and at least two hours prior to production before the Magistrate—Failure to meet this requirement invalidates the ...

A. Negotiable Instruments Act, 1881—Sections 138, 141; Code of Criminal Procedure, 1973—Section 482—Dishonour of cheque—Vicarious liability—Company as accused—Arraignment of company as an accused is a mandatory pre-condition to invoke vicarious liability of directors/officers under Section 141 NI Act—Where cheque is issued by company but company is not made a party, prosecution against directors alone is not maintainable—Proceedings liable to be quashed. [Paras 13, 14, 21] B. Negotiable Instruments Act, 1881—Section 141—Corporate criminal liability—Scope—Vicarious liability of persons in charge of company arises only when offence by company is established—Statutory expression “as well as the company” makes prosecution of company imperative&md...

A. Effect of Transfer under U.P. Z.A. & L.R. Act—A transfer of land made after 01.07.1948 is not to be recognized for purposes of rehabilitation grant under Section 23(1)(a), but such transfer is not rendered void—The Executive Officer’s conclusion treating the sale receipt dated 31.08.1950 as void reflects a misinterpretation of the statutory provision. B. Writ Jurisdiction and Property Disputes—In exercise of jurisdiction under Article 226, courts do not adjudicate disputed questions of fact relating to title and possession. Such issues between private parties must be resolved through a properly instituted civil suit. C. Scope of Executive Officer’s Powers—While deciding objections or replies to notices, the Executive Officer is required to pass a reasoned and speaking order in compliance wi...

A. Delay in Disciplinary Proceedings—Non-compliance with a court-directed timeline for completion of disciplinary proceedings does not invalidate the proceedings themselves—The consequence of such delay is ordinarily confined to revocation of suspension—Courts retain power to extend timelines, even suo motu, to ensure that serious misconduct is duly adjudicated and not defeated on technical grounds. B. Procedural Defects and Opportunity to Reconsider—Where punishment is set aside due to procedural lapses, particularly non-consideration of the employee’s reply to the show-cause notice, the disciplinary authority must be afforded an opportunity to reconsider the matter afresh, taking into account all relevant materials. C. Validity of Punishment Order—A punishment order passed without due considerat...

A. Supervisory Jurisdiction under Article 227—While examining orders granting temporary injunction, the appellate court is empowered to assess whether the trial court adhered to settled principles governing injunctions, namely prima facie case, balance of convenience, and irreparable injury—Interference is justified only where discretion is exercised arbitrarily, perversely, or capriciously—In the present case, absence of a prima facie case and lack of balance of convenience justified setting aside the injunction. B. Additional Evidence in Appeal—Order 41 Rule 27 CPC applies where evidence has already been led before the trial court—It is inapplicable at a stage where evidence is yet to be adduced—Filing of additional documents caused no prejudice, particularly when plaintiffs failed to establish a p...

A. Bharatiya Nagarik Suraksha Sanhita, 2023—Sections 528, 13, 212, 450, 447, 448 (corresponding to CrPC Sections 15, 192, 410, 407, 408)—Transfer of criminal cases—Powers of Chief Judicial Magistrate—Held, the power to transfer criminal cases on the request of a party is statutorily vested only in the Sessions Judge, High Court or Supreme Court—Chief Judicial Magistrate has no judicial power to transfer a case from one Magistrate to another on allegations against the Presiding Officer—Sections 212 and 450 BNSS (CrPC Sections 192 and 410) confer only administrative powers of making over, withdrawal or recall of cases for distribution of work—Exercise of transfer power by Chief Judicial Magistrate amounts to lack of jurisdiction—Impugned transfer order liable to be set aside. [Paras 14 to...