A. Negotiable Instruments Act, 1881—Section 138—Code of Criminal Procedure, 1973—Section 372 Proviso—Bharatiya Nagarik Suraksha Sanhita, 2023—Section 413—Appeal against acquittal—Complainant as victim—Held: A complainant in a prosecution under Section 138 of the Negotiable Instruments Act is also a "victim" within the meaning of the Code and, therefore, possesses an independent statutory right to prefer an appeal against an order of acquittal under the proviso to Section 372 Cr.P.C./Section 413 BNSS before the Court immediately superior to the Trial Court, namely the Sessions Court. Such remedy is distinct from an appeal under Section 378(4) Cr.P.C./Section 419(4) BNSS, and appeals mistakenly filed before the High Court are liable to be returned or relegated to the competent Sessio...

A. Code of Criminal Procedure, 1973—Section 125—Hindu Adoptions and Maintenance Act, 1956—Section 20(3)—Maintenance—Major unmarried daughter—Merely because an application for maintenance by a major unmarried daughter was filed under Section 125 CrPC instead of Section 20(3) of the Hindu Adoptions and Maintenance Act, 1956, relief cannot be denied where the Court otherwise possesses the jurisdiction to grant such relief—The Family Court, being competent to entertain proceedings under both enactments, rightly awarded interim maintenance, and no interference was called for. (Paras 6, 8, 9 and 15) B. Hindu Adoptions and Maintenance Act, 1956—Section 20(3)—Maintenance of major unmarried daughter—The statutory requirement for claiming maintenance under Section 20(3) is that the majo...

A. Land Acquisition Act, 1894—Sections 4, 6 & 11—Acquisition of land—Challenge to acquisition on the ground that the land was not required for the public purpose held to involve disputed questions of fact not amenable to adjudication in writ jurisdiction under Article 226. B. M.P. Maa Sharda Devi Mandir Adhiniyam, 2002—Section 33—Land acquisition—Provision requiring acquisition by agreement does not exclude or prohibit compulsory acquisition under the Land Acquisition Act, 1894—Resort to statutory acquisition permissible where acquisition by agreement is unsuccessful. C. Land Acquisition Act, 1894—Objections and natural justice—Objections having already been considered and decided before passing of the award, no violation of principles of natural justice made out. D. Land ...

A. Constitution of India, 1950—Article 226—Judicial review of disciplinary proceedings—High Court, while exercising writ jurisdiction, cannot act as an appellate authority to reappreciate evidence recorded in a departmental enquiry—Interference is confined to cases involving jurisdictional error, violation of natural justice, procedural illegality or perversity resulting in manifest injustice. B. Service Law—Departmental enquiry—Principles of natural justice—Delinquent employee repeatedly failed to submit a reply or participate in the enquiry despite adequate opportunities and final notice for personal hearing—Held, no violation of natural justice where non-participation is attributable to the employee himself. C. Service Law—Misconduct—Bank employee—Cashier withholdi...

A. Constitution of India, 1950—Article 226—Judicial review of disciplinary punishment—Effect of acquittal in criminal case—An acquittal in a criminal trial, particularly one based on the benefit of doubt, does not automatically exonerate a delinquent employee in departmental proceedings—Since the standard of proof in a departmental enquiry is that of preponderance of probabilities and not proof beyond reasonable doubt, findings of guilt recorded in such proceedings are not rendered invalid merely because the employee has been acquitted by a criminal court—Consequently, a writ petition seeking quashing of a dismissal order solely on the basis of such acquittal is liable to be dismissed. (Paras 6, 8, 10) B. Service Law—Criminal proceedings and departmental enquiries—Distinct spheres and sta...

A. Administrative Law—Principles of Natural Justice—Withdrawal of Permission—Withdrawal of permission granted by the Municipal Corporation for holding a religious procession and Mela, without affording the petitioner an opportunity of hearing, violates the principles of natural justice and is unsustainable in law—The order of cancellation was rightly quashed and the original permission restored subject to its conditions. [Paras 10, 11, 14, 15] B. Administrative Law—Legitimate Expectation—Abrupt Cancellation of Mela Permission—Where permission for conducting a Mela had been granted and the petitioner had made necessary arrangements in reliance thereon, withdrawal of such permission on the eve of the event without notice defeats the petitioner’s legitimate expectation and causes irreparable...

A. Bharatiya Nagarik Suraksha Sanhita, 2023—Section 528 and Indian Penal Code, 1860—Section 500—Defamation proceedings—Quashing on settlement—Where the applicant clarified that the alleged defamatory statement contained an inadvertent and erroneous reference, expressed regret for the same, and the complainant accepted the explanation and agreed not to pursue the matter further, continuation of criminal proceedings would serve no useful purpose—The proceedings before the High Court and the Trial Court were accordingly closed in terms of the mutual settlement between the parties. [Relevant Paras] B. Criminal Law—Defamation—Apology and amicable resolution—Acceptance of the applicant’s expression of regret and clarification by the complainant, coupled with a voluntary decision not...

A. Constitution of India, 1950—Art.226—Tender Process—Judicial Review—High Courts must exercise considerable restraint in matters of public procurement and refrain from interfering with commercial decisions of tendering authorities unless the process is shown to be manifestly arbitrary, mala fide, irrational, biased, or contrary to public interest. [Paras 32-34] B. Public Procurement—Tender Evaluation—Experience and Financial Eligibility—Where one business entity permanently takes over another, the experience and financial credentials of the acquired concern may legitimately be considered for determining the eligibility of the successor entity, provided the transaction reflects continuity of business operations and is not a temporary or artificial arrangement. [Paras 28-30] C. Public Procure...

A.    Code of Criminal Procedure, 1973—Section 125(4)—Maintenance to Wife—Direction to pay 10,000/- Rs. Per month—Disqualification of—Demand of separte residence by wife—Lack of harmony with in-laws or husband's greater attention towards his parents and family members does not constitute a sufficient reason for the wife to live separately—Such circumstances do not entitle the wife to claim maintenance— Statutory bar operates where the wife refuses to reside with the husband without sufficient cause—Burden lies on the wife to establish legally sustainable justification for separate residence—The direction to pay an amount of Rs. 10,000/- p.m. towards the maintenance of wife is set aside—Revision is partly allowed. (Para 23 to 26, 34) B.   &nbs...

A. Negotiable Instruments Act, 1881—Sections 138, 118 and 139—Code of Criminal Procedure, 1973—Section 378(4)—Dishonour of cheque—Appeal against acquittal—Financial capacity—Rebuttal of presumption—Held: Though execution of cheque raises statutory presumptions in favour of complainant, same are rebuttable—In present case, accused successfully rebutted presumption by producing credible evidence showing complainant’s limited financial capacity (including election affidavits and BPL status)—Complainant failed to prove source of funds or establish advancement of ₹20,00,000/-—Foundational agreement not proved and material witnesses not examined—Legally enforceable debt not established—Acquittal justified. Negotiable Instruments Act, 1881—Sections 118...