A. Electricity Act, 2003—Sections 82(5), 84(1) and 85(1), (4)—Appointment of Chairman, State Electricity Regulatory Commission—Powers of Selection Committee and State Government—Held—The statutory scheme vests the function of assessing suitability and recommending a panel of two candidates exclusively in the Selection Committee, while the State Government is the appointing authority—The Government cannot assume the role of an appellate authority over the Committee or reject its recommendations merely because, in its opinion, other candidates are more suitable or senior—Its choice is confined to appointment from the recommended panel. (Paras 78-85, 89-91)B. Electricity Act, 2003—Sections 84(1) and 85(1), (4)—Qualifications for appointment as Chairman—Ability, integrity, standing and relevant knowledge—Meaning and scop...

A. Land Acquisition Act, 1894—Section 5A(1) and (2)—Hearing of objections—Objective consideration—Extent of reasons required—Held—The inquiry by the Special Land Acquisition Officer is administrative in nature and does not require adjudication akin to a judicial or quasi-judicial proceeding—The objections must receive fair, genuine and objective consideration, but the report need not contain an elaborate discussion of each objection or detailed findings in the form of a judgment—Brevity of reasons, by itself, does not establish non-application of mind. (Paras 16-18, 21-28)B. Land Acquisition Act, 1894—Sections 5A(2) and 6(1)—Report of Special Land Acquisition Officer—Recommendatory nature—Powers of appropriate Government—Held—The report and recommendations of the SLAO are not binding on the appropriate Governme...

A. Negotiable Instruments Act, 1881, Sections 118 and 139 read with Section 138—Dishonour of cheque—Statutory presumptions—Accused establishing loss of cheque books and prior request to block the subject cheque through documentary evidence—Complainant failing to establish financial capacity to advance alleged cash loan of Rs.10,00,000 despite specific challenge—Presumptions rebutted and conviction set aside. (Paras 22-23, 32-43)B. Negotiable Instruments Act, 1881, Section 138—Legally enforceable debt—Financial capacity of complainant—Alleged cash loan of Rs.10,00,000 unsupported by documentary evidence, despite complainant’s monthly income of Rs.40,000–50,000—Material inconsistencies regarding place of lending and absence of evidence establishing acquaintance with accused—Accused rebutting statutory presumptions un...

A. Code of Criminal Procedure, 1973—Section 482—Indian Penal Code, 1860—Sections 403, 406, 417, 420, 468, 471 and 120-B—Business Transfer Agreement—Dispute between Partners of Partnership Firm—Arbitration Proceedings Pending—Held—Where the dispute arose from transfer of the partnership firm’s business and assets under a Business Transfer Agreement, and the complainant had already invoked arbitration seeking monetary and declaratory reliefs, continuation of criminal proceedings founded on the same commercial transactions amounted to abuse of process—Mere availability of civil remedies would not by itself justify quashing, but criminal proceedings could not be used to exert pressure in a dispute essentially civil in nature. (Paras 6-8, 9)B. Indian Penal Code, 1860—Sections 405, 406 and 415, 420—Criminal Breach of Tru...

A. Criminal Procedure Code, 1973—Section 482—Indian Penal Code, 1860—Sections 406 and 420—Quashing of criminal proceedings—Alleged alteration of cheque—Held—where the charge-sheet and statements of material witnesses prima facie disclosed that the accused had materially altered the date of a cheque issued in connection with a business purchase transaction and presented it for wrongful gain, the allegations could not be discarded at the threshold—prima facie case of cheating and criminal breach of trust made out warranting continuation of proceedings. (Paras 15-17)B. Negotiable Instruments Act, 1881—Section 138—Indian Penal Code, 1860—Sections 406, 420 and 468—Criminal proceedings—Effect of acquittal in cheque dishonour complaint—Held—the acquittal of the complainant in proceedings under Section 138 NI Act did...

A. Hindu Marriage Act, 1955—Section 13(1)(ia)—Divorce on Ground of Cruelty—Mental Cruelty—Held—Ordinary matrimonial differences, trivial irritations, lack of intimacy and normal wear and tear of married life do not, by themselves, constitute cruelty—Allegations of refusal of physical relations, threats of suicide, indifference and unwillingness to continue matrimonial life, unsupported by independent evidence, failed to establish sustained conduct of such gravity as to constitute mental cruelty—Dismissal of divorce petition affirmed. (Paras 18-19, 22, 26-27)B. Hindu Marriage Act, 1955—Section 13(1)(ia), (ib)—Cruelty and Desertion—Separate Statutory Grounds—Held—Long separation, deterioration of matrimonial relationship and failure of reconciliation cannot, by themselves, substitute proof of cruelty under Section 13...

A. Hindu Marriage Act, 1955—Section 16(1) and (3)—Legitimacy of children born from void marriage—Held—A child born from a marriage null and void under Section 11 is statutorily conferred legitimacy under Section 16(1), irrespective of whether a decree of nullity has been passed—Under Section 16(3), such child is entitled to rights in or to the property of the parents, but not in the property of any other person—The legitimacy so conferred must be recognised while determining succession to the property of the deceased parent. (Paras 12-13)B. Hindu Succession Act, 1956—Sections 6, 8 and 10—Hindu Marriage Act, 1955—Section 16(3)—Succession to coparcenary property—Held—A child conferred legitimacy under Section 16 of the Hindu Marriage Act is entitled to inherit the share of the deceased parent in Mitakshara coparcenar...

A. Hindu Marriage Act, 1955—Section 13(1)(ia)—Mental cruelty—Held—Persistent quarrels, verbal abuse, taunts, humiliation and lack of mutual respect, when assessed cumulatively over the short matrimonial life, may constitute mental cruelty—Conduct causing sustained mental stress and adversely affecting the professional duties of the spouse cannot be dismissed as ordinary marital wear and tear—Applying the principles laid down in Samar Ghosh v. Jaya Ghosh, divorce decree upheld. (Paras 23-30)B. Hindu Marriage Act, 1955—Section 13(1)(ia)—Assessment of matrimonial conduct—Held—Mental cruelty must be determined by a comprehensive assessment of the entire matrimonial relationship and not by isolating individual incidents—Persistent misunderstandings, emotional distrust, absence of effective communication and repeated confl...

A. Negotiable Instruments Act, 1881—Sections 118(a), 118(b), 138 and 139—Dishonour of cheque—Account closed—Statutory presumptions—Rebuttal—Held—dishonour of cheque on the ground that the drawer’s account was closed does not absolve him from liability under Section 138 when the other statutory requirements are fulfilled—presumptions under Sections 118 and 139 that the cheque was issued for consideration and towards discharge of a legally enforceable debt are rebuttable—accused is required to rebut such presumptions on the standard of preponderance of probabilities and not beyond reasonable doubt. (Paras 17-18, 21-22)B. Negotiable Instruments Act, 1881—Sections 138 and 139—Criminal Procedure Code, 1973—Sections 397 and 401—Criminal revision—Scope of revisional jurisdiction—Concurrent findings of conviction�...

A. Negotiable Instruments Act, 1881—Sections 118 and 139—Section 138—Dishonour of Cheque—Presumption of Legally Enforceable Debt—Rebuttal—Held—Admission of issuance and signature of cheque attracts statutory presumptions that it was issued for consideration and towards discharge of legally enforceable debt—Such presumptions are rebuttable on the standard of preponderance of probabilities—Earlier notice alleging a loan of Rs.2,00,000 and issuance of blank cheques, without specifying cheque numbers or establishing connection with disputed cheques, held insufficient to rebut the presumptions. (Paras 17, 24-35)B. Criminal Procedure Code, 1973—Section 372 Proviso—Victim’s Appeal—Inadequate Compensation—Maintainability—Held—Proviso to Section 372 confers upon a victim the right to appeal against inadequate compen...