A. Civil Procedure Code, 1908—Section 100—Second Appeal—Scope of interference with concurrent findings—The jurisdiction of the High Court under Section 100 CPC is confined to cases involving a substantial question of law—Concurrent findings of fact recorded by the Trial Court and the First Appellate Court cannot be disturbed unless they are shown to be perverse, based on no evidence, or suffer from a manifest error of law—Where an oral partition is duly established through documentary evidence (Exs. A2 to A4), the concurrent findings upholding such partition do not warrant interference in second appeal. [Paras 13–16] B. Specific Relief Act, 1963—Section 34—Suit for declaration and injunction without prayer for possession—Where an oral partition has been proved and a sale deed ...

A. Hindu Marriage Act, 1955—Section 13(1)(ia)—Mental Cruelty—False Allegations Against Spouse and Complaints to Employer—Held: Making repeated allegations of illicit relationships against a spouse and communicating such allegations to his employer or superior authorities, without substantiating the same, amounts to mental cruelty—Such conduct has the propensity to damage the spouse’s reputation, dignity and professional standing and constitutes a valid ground for dissolution of marriage under Section 13(1)(ia) of the Hindu Marriage Act. (Paras 17–19). B. Hindu Marriage Act, 1955—Section 13(1)(ia)—Mental Cruelty—Long Separation and Breakdown of Matrimonial Relationship—Held: Where spouses have lived separately for decades, have ceased cohabitation, made no genuine effort ...

Hindu Marriage Act, 1955—Section 13(1)(i-a)—Divorce—Cruelty—Allegations of threatening conduct, suspicion and neglect by spouse—Respondent initiated criminal proceedings making serious allegations against appellant and his family—Domestic violence case subsequently dismissed on merits—Subsequent conduct and statements of children corroborating appellant’s case—Held, cumulative conduct amounts to mental cruelty—Decree of divorce granted. [Paras 13–17] Result: Marriage dissolved on ground of cruelty. ...

Narcotic Drugs and Psychotropic Substances Act, 1985—Sections 8(c), 20(b)(ii)(C), 25, 29—Suspension of sentence pending appeal—Section 52A—Non-compliance—Scope at interlocutory stage—Alibi—Seizure of contraband—Bail refused—Petitions were filed seeking suspension of sentence and grant of bail pending disposal of criminal appeals against conviction for offences under the NDPS Act involving transportation of commercial quantity of ganja—The petitioners contended non-compliance of mandatory procedure under Section 52A, absence of recovery from certain accused, plea of alibi, and that the seized material did not fall within the definition of “ganja”—Held, that the Trial Court, relying on binding precedents, had categorically found recovery of contraband proved throu...

Constitution of India—Article 22(5)—Tamil Nadu Act 14 of 1982—Preventive Detention—Drug Offender—Non-supply of legible documents—Right to make effective representation—Detention order vitiated—The habeas corpus petition was filed by the mother of the detenu, who was detained as a “Drug Offender” under Section 2(e) of the Tamil Nadu Act 14 of 1982—The detention order was challenged on the ground that the detenu was not furnished with legible copies of certain vital pages of the booklet supplied along with the grounds of detention—Held, that the failure to furnish clear and legible copies of relied-upon documents deprives the detenu of his constitutional right to make an effective representation as guaranteed under Article 22(5) of the Constitution—Relying on the ...

Criminal Procedure Code, 1973—Sections 482 & 528—Quashing of Proceedings—Defective Investigation and Abuse of Process: Quashing under Section 482 CrPC is justified where the prosecution case suffers from material lapses—Where culpability depends on seized banned tobacco products, failure to obtain and file a forensic report with the final report constitutes a defective investigation, undermining the prosecution—Inconsistencies in arrest evidence, e.g., CCTV footage showing the accused apprehended from a location different from that alleged, further weaken the case—Following the Supreme Court’s veracity-check matrix, if the evidence relied upon by the accused is sound, unrebutted, and proceeding with trial amounts to an abuse of process, the High Court may quash proceedings under Section 528 Cr...

Civil Procedure Code, 1908—Order VII Rule 11—Limitation Act, 1963—Articles 59 and 65—Transfer of Property—Sham and Nominal Sale Deed—Void vs. Voidable Document—Rejection of Plaint—Held, while considering an application for rejection of plaint under Order VII Rule 11 CPC, the Court must confine itself strictly to the averments in the plaint and the documents annexed thereto; the defence set up in the written statement or documents relied upon by the defendants cannot be looked into at that stage.—A sham and nominal document is one which is executed without any intention to transfer rights, pursuant to a secret understanding, creating only ostensible rights; such a document is void ab initio, and no right, title or interest passes to the transferee.—Article 59 of the Limitation Act...

Negotiable Instruments Act, 1881—Sections 138 & 147—Bharatiya Nagarik Suraksha Sanhita, 2023—Section 359—Compounding of Offence After Conviction—Effect of Compromise in Revision—Revision against concurrent conviction under Section 138 NI Act—During pendency of revision, parties entered into Memorandum of Compromise and complainant acknowledged receipt of entire cheque amount as full and final settlement—Question whether conviction affirmed in appeal can be annulled on basis of subsequent compromise—Section 147 NI Act gives overriding effect and makes offences under NI Act compoundable notwithstanding provisions of procedural law—Object of Section 138 primarily compensatory and not punitive—High Court, in exercise of revisional and inherent jurisdiction, empowered to per...

Negotiable Instruments Act, 1881—Sections 138, 147; Bharatiya Nagarik Suraksha Sanhita, 2023—Section 359; Criminal Procedure Code, 1973—Section 482—Compounding of Offences—Compounding after Conviction and Appeal: Offences under Section 138 of the NI Act are compoundable—Even after conviction and dismissal of appeal, the High Court can allow compounding where parties have amicably settled disputes, provided full compensation is paid—Section 147 confirms that all offences under the NI Act are compoundable notwithstanding other provisions—Under BNSS, compounding post-conviction requires leave of the appellate court, and the High Court may permit it in revision to prevent miscarriage of justice—The inherent powers of the High Court under Section 482 Cr.P.C—can be exercised sparingly ...

Negotiable Instruments Act, 1881—Section 138—Cheque Dishonour; Compounding of Offences—Compounding After Conviction and Appeal: Where parties enter into compromise outside court and entire compensation and costs are paid, High Court may exercise inherent powers to compound offence even after conviction and dismissal of appeal—Object of the Act is compensatory rather than purely punitive; compounding at a later stage is permissible if complainant is fully compensated, securing the ends of justice. (Paras 8, 9, 10, 13, 20, 21, 24, 25) ...