A. Criminal Procedure Code, 1973—Sections 145 and 146—Proceedings relating to dispute over immovable property—Condition precedent for assumption of jurisdiction—Held: Jurisdiction under Sections 145 and 146 Cr.P.C. can be invoked only where the Magistrate is satisfied that a dispute concerning land or water is likely to cause a breach of peace and the question of actual possession requires determination—Where possession of the disputed property is an admitted fact, the essential jurisdictional requirement is absent and proceedings under Sections 145/146 Cr.P.C. are not maintainable. (Paras 9, 11, 13 & 14) B. Criminal Procedure Code, 1973—Section 145—Determination of possession by Magistrate—Held: The Magistrate is required to determine which party was in actual possession of the dispu...

A. Service Law—Pay Scale—Additional Increments—Benefits Reserved for Scientists—An Administrative Officer employed with the Tea Research Association cannot claim the benefit of two additional increments under the CSIR communication dated 21.11.2008, which is specifically applicable to Group IV Scientists—The mere fact that Administrative Officers and Scientists draw identical pay scales does not entitle the former to benefits exclusively earmarked for the scientific cadre. [Paras 9–10] B. Service Law—Equality and Discrimination—Negative Equality Not Permissible—The allegation of discrimination between the petitioner and certain other officers was rejected, as the benefits extended to those officers were the result of discretionary decisions taken by the Chairman and were not founded...

A. Service Law—Disciplinary Proceedings—Scope of Interference under Writ Jurisdiction—Proportionality of Penalty—The Writ Court may interfere with a disciplinary penalty where the findings do not establish mala fide conduct, negligence, or wilful default on the part of the delinquent employee—A penalty of reduction to a lower stage in the time scale was set aside and the matter remanded for reconsideration, the Court emphasizing that the doctrine of proportionality must be applied, particularly when the punishment adversely affects post-retirement benefits and pensionary entitlements. [Paras 19–23] B. Service Law—Promotion—Eligibility after Penalty Period—Retrospective Promotion—The mere completion of a three-year penalty period and restoration of eligibility does not automati...

A. Limitation Act, 1963—Section 5—Condonation of Delay—Sufficient Cause—An application seeking condonation of a delay of 1,163 days in preferring an appeal must disclose a bona fide and reasonable explanation constituting "sufficient cause" within the meaning of Section 5 of the Limitation Act—Mere negligence, inaction, or lack of diligence cannot be excused—Although courts adopt a liberal approach in matters of condonation, such liberality cannot override the requirements of reasonableness, bona fides, and due care. [Paras 16, 20, 25, 31] B. Civil Procedure Code, 1908—Order XX Rule 1—Pronouncement of Judgment—Notice to Parties—A litigant who initially participates in the proceedings but subsequently neglects to pursue the matter and fails to ascertain the date of pr...

A. Code of Civil Procedure, 1908—Section 115—Constitution of India, Article 227—Supervisory jurisdiction—Civil suit—Closure of plaintiff’s evidence—Interference by High Court—Held, power of superintendence and revisional jurisdiction are discretionary and are not meant to be exercised merely to correct every procedural order of the trial court. Where the plaintiff has been granted repeated opportunities to lead evidence and fails to do so without showing sufficient or exceptional cause, the order closing evidence does not warrant interference. The conduct of the litigant, delay caused, and possibility of abuse of process are relevant considerations while exercising such jurisdiction. (Paras 13 to 16) B. Code of Civil Procedure, 1908—Evidence by affidavit—Closure of plaintiff&r...

Criminal Procedure Code, 1973—Section 125(1)(b) & (c)—Maintenance of children—High Court in revisional jurisdiction cannot grant or extend maintenance beyond age of majority except where child suffers from physical or mental abnormality or injury rendering it unable to maintain itself—Direction of Supreme Court in Chandrashekar v. Swapnil issued in exercise of powers under Article 142—Such power not available to High Courts. [Paras 9–11] ...

Arbitration and Conciliation Act, 1996—Section 37(1)(b)—Commercial Courts Act, 2015—Sections 3(3), 3A, 10(3) & 13(1)—Appeal from Commercial Court—An appeal under Section 37(1)(b) of the Arbitration and Conciliation Act against an order passed by a designated Commercial Court below the level of a District Judge is maintainable before the Commercial Appellate Court constituted under the Commercial Courts Act, 2015, and not before the High Court. The Commercial Courts Act, being a later and special enactment governing commercial disputes, prevails over the earlier provisions of the Arbitration and Conciliation Act to the extent of inconsistency. The expression "Commercial Appellate Court" under the 2015 Act includes the Court of the District Judge where the Commercial Court is presided over by an o...

A. Bharatiya Nagarik Suraksha Sanhita, 2023—Section 179—Power to require attendance of witnesses—Summons under Section 179 can be issued only during an investigation—Investigation begins only after registration of FIR for a cognizable offence—Preliminary inquiry merely verifies whether a cognizable offence is disclosed and is not an investigation—Issuance of summons during preliminary inquiry without FIR held illegal—Summons quashed. [Paras 8–14, 16] B. FIR Registration—Commencement of investigation—Investigation commences only upon registration of FIR relating to a cognizable offence—Scope of preliminary inquiry limited to ascertaining whether information discloses cognizable offence, not to test truthfulness. [Paras 11, 13] C. Directions to Police Authorities—...

A. Transfer of Property Act, 1882—Section 58(f)—Applicability in Nagaland—The Act is not applicable in Nagaland unless adopted by the Legislative Assembly; only its spirit and principles may be applied. [Para 34] B. Nagaland Money Lenders Act, 2005—Applicability—The Act not applicable in strict sense where lender lacks licence; it may be treated only as a guideline or recommendation. [Para 34] C. Mortgage Deed—Clog on Right of Redemption—Clause providing automatic forfeiture of mortgaged property on default is unlawful and unenforceable as it constitutes a clog on the mortgagor’s right of redemption. [Para 35] D. Mortgage Deed—Registration and Stamp Duty—Mortgage deed creating or extinguishing rights in immovable property requires proper registration and stamp duty; othe...

A. Assam State Commission for Women Act, 1994—Section 10—Jurisdiction—The Assam State Commission for Women has no authority to adjudicate or direct payment of maintenance—Its functions under Section 10 are limited to investigative, recommendatory, and promotional roles, and do not extend to determination of rights or liabilities between parties. B. Constitution of India—Article 226—Writ Jurisdiction—The High Court, in exercise of writ jurisdiction, set aside the Commission’s order directing maintenance, holding it to be a jurisdictional error as the Commission acted beyond its statutory powers. C. Maintenance—Statutory Remedies—Maintenance claims are governed by specific legal provisions such as Section 125 CrPC (now Section 144 BNSS) and personal laws—The Commission ...