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; 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) ...

A. Constitution of India, 1950—Article 226 & Tamil Nadu Act 14 of 1982—Habeas Corpus—Supply of Documents—Detenus are entitled to all documents forming the basis of a detention order to make effective representation; documents merely referred to for factual narration, without forming the basis, do not prejudice the detenu. (Paras 8.5, 8.6, 8.7, 10.2, 10.3, 14.1) B. Constitution of India, 1950—Article 226 & Tamil Nadu Act 14 of 1982—Habeas Corpus—Clerical Errors—Minor clerical errors in remand extension dating do not invalidate detention if actual extension is confirmed and no prejudice arises. (Paras 9.2, 9.3) C. Constitution of India, 1950—Article 226 & Tamil Nadu Act 14 of 1982—Habeas Corpus—Bail Inference—Detaining authority’s anticipation of...

A. Civil Procedure Code, 1908 (CPC)—Section 96—Appeal from Original Decree—Partition Suit—Plaintiff appealed against dismissal of suit—Appellate Court considered submissions and records, resulting in partial allowance of the decree. (Paras 13, 20, 31(a), 31(b), 32) B. Civil Procedure Code, 1908 (CPC)—Section 96—Appeal—Reappreciation of Evidence—Appellate Court re-examined oral and documentary evidence from trial, forming independent conclusions on the nature of properties and plaintiff’s entitlement to a share. (Paras 11, 20, 30) ...

A. Negotiable Instruments Act, 1881 — Sections 138 and 147 — Dishonour of cheque — Compounding of offence — Conviction and sentence annulled on compromise — Petitioner convicted under Section 138 N.I. Act and sentenced to one year’s simple imprisonment and to pay ₹14,00,000 as compensation — Conviction confirmed in appeal — During pendency of revision, parties executed Joint Memorandum of Compromise dated 18-09-2025, acknowledging payment of ₹5,00,000 as full and final settlement — Respondent/complainant declared no further claim and consented to petitioner’s release — Held, offence under Section 138 being primarily compensatory, and by virtue of Section 147, every offence under the Act is compoundable notwithstanding any contrary provision of criminal procedure &m...

A. Civil Procedure Code, 1908—Section 100—Second Appeal—Substantial Question of Law—Perverse Findings—Misappreciation of Evidence—Dismissal of second appeal challenging concurrent findings of fact—Appellant failed to establish claim of oral partition or possession based on an unproven Will—No substantial question of law arose—Findings of lower courts held neither perverse nor contrary to evidence. (Paras 7, 17) B. Indian Evidence Act, 1872—Section 68—Will—Proof of Execution—Mandatory requirement of examining at least one attesting witness not fulfilled—Defendant's failure to prove Will in accordance with law rendered it inadmissible and insufficient to establish exclusive ownership. (Para 16) C. Indian Succession Act, 1925—Section 63—...

A. Criminal Procedure Code, 1973—Section 173(5)—Inapplicability to Private Complaints—Scope limited to cases instituted on police reports—Held, Section 173(5) CrPC cannot be invoked in prosecutions under the Central Excise Act, 1944, based on private complaints—Prosecution’s own concession affirms this position—Reliance placed on Assistant Collector of Customs v. L.R. Malvani, (1999) 110 ELT 317 (SC). (Para 10.1) B. Central Excise Act, 1944—Prosecution—Requirement of Valid Sanction—Held, sanction must be based on existing and relevant material at the time of issuance—Adjudication order passed in 2023, long after the 2006 sanction, cannot be introduced in absence of fresh sanction—Introduction of post-sanction documents vitiates prosecution—Cited State of Biha...

A. Limitation Act, 1963—Section 5—Condonation of Delay—Sufficient Cause—Petitioner sought condonation of delay of 342 days in filing criminal revision petition, attributing delay to cardiac illness and treatment. Court found explanation inadequate due to lack of supporting medical evidence and emphasized requirement of reasonable, bona fide explanation without negligence or inaction. (Paras 8–14, 16–22) B. Limitation Act, 1963—Section 5—Condonation of Delay—Liberal vs. Cautious Approach—While liberal approach is generally followed to advance substantial justice, inordinate delay demands cautious consideration. Court must weigh prejudice to respondent and applicant’s diligence. Delay without sufficient explanation or reckless approach does not merit condonation. (Paras 11...

POCSO Act, 2012—Sections 5(l), 6—Consent of Minor Irrelevant—Sexual intercourse with a child below 18 years, even if seemingly consensual and arising out of a romantic relationship, constitutes aggravated penetrative sexual assault under Section 5(l) read with Section 6—The minor’s consent is legally immaterial, affirming the principle of statutory rape. IPC—Sections 366(A), 493—Procuration & Deceitful Cohabitation—Taking a minor girl away from the lawful custody of her parents, even if she elopes voluntarily, attracts Section 366(A)—Further, inducing her into believing in a lawful marriage through a ceremonial act (such as tying a ‘thali’), and cohabiting with her on that belief, constitutes an offence under Section 493 IPC. Evidence Act, 1872—Victim’...