A. Code of Criminal Procedure, 1973—Section 482—Quashing of criminal proceedings—Abuse of process of Court—Mala fide prosecution—HELD—The High Court may exercise its inherent jurisdiction where the allegations and attending circumstances, considered cumulatively, indicate that criminal proceedings have been instituted for an ulterior purpose or that the allegations do not prima facie constitute the offences alleged. Although the Court cannot conduct a mini-trial or meticulously assess the evidence at this stage, it may examine the surrounding circumstances and preliminary materials to prevent abuse of process and secure the ends of justice. The criminal proceedings against the surviving petitioners were quashed. (Paras 15-21, 23-24, 32-36).B. Indian Penal Code, 1860—Sections 323, 341, 504, 506 and 379—Essential ingredients...

A. Code of Civil Procedure, 1908—Order VII Rule 11(a)—Rejection of plaint—Cause of action—Defamation—HELD—For rejection of a plaint, the Court must meaningfully read the plaint as a whole and determine whether its averments, taken to be correct, disclose a legally sustainable cause of action. In a defamation suit, the plaint must plead the essential ingredients of a defamatory imputation, including its making or publication by the defendant and communication to a third person. Mere assertion of reputational harm, without pleading these essential elements, does not disclose a cause of action. (Paras 12-15, 17-19, 31-35).B. Indian Penal Code, 1860—Section 499—Defamation—Essential ingredients—Publication of imputation—HELD—Defamation requires an imputation concerning a person, made with the requisite intention or know...

A. Code of Civil Procedure, 1908 Section 11 and Order 2, Rule 2—Constitution of India—Article 226—Res judicata and constructive res judicata—Applicability to writ proceedings—Principles embodied in Section 11 and Order II Rule 2 CPC apply to writ petitions—A petitioner is required to claim all reliefs arising from the same cause of action, and matters which might and ought to have been raised in earlier proceedings are deemed to have been directly and substantially in issue—Subsequent writ petition seeking additional service and pensionary benefits, which could have been claimed in earlier litigation, held barred by constructive res judicata and omission to claim such reliefs amounted to relinquishment of the claim—Repeated litigation impermissible as there must be finality to proceedings. (Paras 18-20)B. Constitution of I...

A. Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 — Section 14-B — Levy of damages — Natural justice — Employer’s provident fund contributions for the period March 2005 to August 2011 were deposited belatedly — Proceedings for levy of damages and consequential recovery were conducted at the establishment’s old address despite the authorities having knowledge of the change of address — Notices and orders were not duly communicated, depriving the employer of a reasonable opportunity of hearing — Held, order levying damages passed in violation of the proviso to Section 14-B was unsustainable. (Paras 12–15, 17–19)B. Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 — Sections 7-A and 14-B — Determination of dues — Opportunity of hearing — Section 7-A(3) requires a reasonable...

A. Indian Penal Code, 1860—Section 304-B—Dowry death—Essential ingredients— Prosecution must establish that (i) death of woman was caused by burns, bodily injury or otherwise than under normal circumstances, (ii) death occurred within seven years of marriage, (iii) soon before death she was subjected to cruelty or harassment by husband or his relative, and (iv) such cruelty or harassment was for, or in connection with, demand for dowry—Mere allegation of dowry demand is insufficient; cruelty or harassment in connection with dowry, proximate to death, must be established. (Paras 23–24)B. Indian Evidence Act, 1872—Section 113-B—Presumption as to dowry death—Foundational facts— Presumption under Section 113-B can arise only after prosecution establishes that soon before her death the woman was subjected by the accused to ...

A. Hindu Marriage Act, 1955—Section 13(1)(i-a)—Divorce—Cruelty—Irretrievable breakdown of marriage—Reciprocal cruelty— Irretrievable breakdown of marriage, by itself, could not be made an independent ground for divorce; however, where parties had been living separately for a long period, there was complete absence of mutual trust, love, affection or intention to resume conjugal life and both parties admitted that the marriage had failed beyond repair, such complete and reciprocal estrangement could be treated as reciprocal cruelty—Marital tie accordingly severed under Section 13(1)(i-a). (Paras 13–14)B. Hindu Marriage Act, 1955—Section 13(1)(i-a)—Cruelty—Long separation—Failure of matrimonial relationship— Where there was no possibility of reconciliation and both spouses categorically expressed unwillingness to r...

A. Indian Penal Code, 1860—Section 304-B—Bharatiya Nyaya Sanhita, 2023—Section 80—Dowry death—Essential ingredients— Death of a married woman within seven years of marriage, by itself, does not constitute dowry death—Prosecution must establish that death was otherwise than under normal circumstances and that soon before death deceased was subjected to cruelty or harassment by husband or his relative for, or in connection with, demand for dowry—Expression “soon before” requires a proximate and live link between dowry-related cruelty and death—Where prosecution failed to establish such proximity and continuity, conviction under Section 304-B IPC could not be sustained. [Paras 37–46, 61–68]B. Indian Evidence Act, 1872—Section 113-B—Bharatiya Sakshya Adhiniyam, 2023—Section 118—Presumption as to dowry death�...

A. Hindu Marriage Act, 1955—Section 13(1)(i-a)—Cruelty—Meaning and proof— “Cruelty” is not capable of a straight-jacket or exhaustive definition. The conduct complained of must be grave and weighty and of such a nature that the aggrieved spouse cannot reasonably be expected to live with the other. Normal wear and tear of matrimonial life, ordinary quarrels, trivial irritations, nagging or mere incompatibility of temperament do not constitute cruelty. The entire matrimonial life and surrounding circumstances have to be considered cumulatively. (Paras 18-21, 24-26, 32)B. Hindu Marriage Act, 1955—Section 13(1)(i-a)—Mental cruelty—Assessment— Mental cruelty is a matter of inference to be drawn from the cumulative facts and circumstances of each case. The intensity, gravity and stigmatic impact of the conduct are relevant; ...

A. Code of Criminal Procedure, 1973—Section 482—Quashing of Criminal Proceedings—Vague and absurd FIR—Where FIR contains no specific date, time, identity of persons allegedly making demands or sending staff and the allegations, even if taken at face value, do not disclose the ingredients of the alleged offences, continuation of criminal proceedings would amount to abuse of process and the same is liable to be quashed [Paras 10–14].B. Code of Criminal Procedure, 1973—Section 482—Inherent Powers—Mala fide prosecution—Where criminal proceedings are instituted in the backdrop of an existing civil/ancestral property dispute and the allegations are vague, absurd and apparently motivated by personal grudge, the High Court may examine the attending circumstances beyond the bare averments in the FIR and exercise inherent jurisdic...

A. Code of Criminal Procedure, 1973—Section 197—Public Servant—Previous Sanction—Official Duty—Scope of Protection—Previous sanction is mandatory where the alleged act has a reasonable connection with discharge of official duty—The test is not whether the act was strictly within the limits of authority, but whether there exists a reasonable nexus between the alleged act and official duty—Even an alleged excess in discharge of duty does not by itself remove the protection—However, acts wholly unconnected with official duty or merely cloaked as official acts are not protected—The quality and reasonable connection of the act with official duty are decisive. [Paras 7–12, 18–21]B. Code of Criminal Procedure, 1973—Section 197—Public Servant—Police Officer/Executive Magistrate—Maintenance of Law and Order—Protes...