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’...

Penal Code, 1860 (IPC)—Sections 300—Murder, Culpable Homicide, and Harassment under IPC and TNPWHA—In a case where the accused, after a quarrel with PW1, pursued her with a weapon and fatally attacked the deceased (PW1’s grandfather) upon his intervention, the court modified the conviction from murder under Section 302 IPC to culpable homicide not amounting to murder under Section 304 Part I IPC, as the intervention acted as grave provocation causing a loss of self-control—The cause of death, attributed to head injury complications, was confirmed by the post-mortem report, despite the delay in death—The non-production of interim medical records did not affect the causal link—Eyewitness testimony, including that of relatives and a neighbor, was deemed reliable as it was consistent and natural, occu...

Penal Code, 1860 (IPC)—Section 300—Appreciation of Evidence and Criminal Law under IPC and Evidence Act—In a murder trial, the testimony of eyewitnesses, including close relatives and neighbors, is deemed reliable when their presence at the scene is natural and their accounts are consistent and corroborated by other evidence—Minor contradictions or suggestions of bias by the defense do not undermine their credibility—A child witness, found competent by the court, can provide reliable testimony, particularly when supported by other eyewitnesses—The claim of grave and sudden provocation under Exception 1 to Section 300 IPC is rejected when there is evidence of premeditation and deliberate targeting of a vital area, such as a concealed weapon and incised wounds to the neck—The intention to cause deat...

Hindu Marriage Act, 1955—Section 13(1A)(ii)—The Civil Miscellaneous Appeal seeks to set aside the order in H.M.O.P.No.378 of 2018, where the trial court had dismissed the appellant's petition for divorce on the grounds of maintainability—The appellant, husband, filed for divorce citing the respondent’s failure to enforce the decree for restitution of conjugal rights granted in 2012, and alleging bigamous marriage—The trial court had wrongly stated that the appellant should have restored his earlier petition for divorce under Order 9 Rule 9 of the Civil Procedure Code, instead of filing a fresh petition—The appellant’s claim was upheld, as the court found that the marriage was not consummated and had remained broken for over 16 years—The respondent failed to take legal steps to enforce th...

In service law, a recovery order for excess family pension paid to the widow of a deceased government servant, issued without a prior show cause notice or an adequate opportunity of hearing, violates the principles of natural justice and is liable to be quashed—The fact that the recovery order was made on the same day as an alleged consent letter from the pensioner does not validate the recovery if procedural fairness was not observed—Additionally, recovery of excess family pension, due to mistakes by the employer (such as incorrect fixation or misinterpretation of rules), is impermissible, particularly when no misrepresentation or fraud is attributed to the deceased employee or the pensioner—Recovery after a significant delay (over five years) is considered harsh, especially when it affects a widow dependent on the pens...

Land Assignment—Government Grants—Breach of Conditions—Limitation—Estoppel—Cancellation after Long Delay Invalid: Cancellation of land assignments by the State for breach of conditions (such as alienation) must adhere to the principle of reasonable time, even in the absence of a prescribed limitation—As per G.O.Ms.No.2555, Revenue Department dated 14.05.1973, cancellations of assignments made prior to the said G.O. must be initiated within three years—The G.O. applies prospectively and does not permit indefinite power to cancel—Where cancellation is attempted after decades, particularly when third-party rights have intervened, revenue records have been mutated, and pattas issued to subsequent purchasers, such belated action is invalid due to unreasonable delay—Additionally, State autho...

A decree passed by a competent Civil Court declaring title to land, even against a predecessor State (like Travancore), is binding on the revenue and settlement authorities of the successor State (Tamil Nadu)—Under the Tamil Nadu [Transferred Territory] Ryotwari Settlement Act, 1964, authorities cannot ignore or override the findings and declarations of title made in a prior civil suit—The Act’s scope pertains primarily to survey and ryotwari settlement, not to re-adjudicating title already settled by a court—An order by the Special Commissioner of Land Administration rejecting a claim for patta, classifying the land as ‘poramboke’ despite a prior binding decree declaring it private patta land, is without jurisdiction and liable to be quashed—Further, estoppel by conduct applies where the governme...

Evidence Act, 1872—Sections 25—This Criminal Appeal challenges the acquittal order passed in S.C. No. 552 of 2016, dated 13.12.2019, by the IV Additional District Court, Madurai—The appeal was filed by P.W.1, the son of the deceased, Lakshmi Devi, who was found murdered in her house on 25.07.2015—The prosecution’s case relied on circumstantial evidence, including confessions and recoveries from the accused—However, the trial court acquitted the accused, citing doubts over the credibility of witness testimonies and the reliability of evidence, such as the recovery of jewels and cash from the accused, which lacked corroboration—Additionally, inconsistencies were found in the testimonies, particularly regarding the communication of the deceased’s death—The prosecution failed to establish ...