Criminal Procedure Code, 1973—Section 391—Additional Evidence at Appellate Stage—Repeated Attempt—Abuse of Process—Finality of Earlier Orders—Scope and Limitation: The power under Section 391 CrPC to allow additional evidence at the appellate stage is discretionary and must be exercised sparingly, only when justified by circumstances such as unavailability of evidence during trial despite due diligence, or when non-recording may result in miscarriage of justice—In the present case, the applicant sought to examine a witness (then Collector, Bhopal) whose testimony was already rejected during trial under Sections 243/247 CrPC and affirmed by the Revisional Court, which order attained finality—Filing a fresh application under Section 391 CrPC on the same grounds amounts to an abuse of process&m...

General Clauses Act, 1897—Section 27—This writ petition, the petitioner challenged the award dated 23.10.2013 passed by the Central Government Industrial Tribunal-cum-Labour Court, Jabalpur, which rejected his claim for reinstatement—The petitioner, Chandrashekhar, argued that the Industrial Tribunal erred in deeming his absence as voluntary cessation of employment based on the bipartite settlement, despite non-compliance with the notice requirements—The Court emphasized that three conditions must be met to establish voluntary cessation: (1) unauthorized absence, (2) issuance of notice, and (3) failure to comply with the notice—The respondent failed to prove the notice was served as required by the settlement and Section 27 of the General Clauses Act—The Court found the Tribunal's finding contrary t...

A. Land Acquisition Act, 1894—Sections 18, 19 & 26 & CPC Order 7 Rule 11(d): Once the Collector refers a matter under Section 18 of the Land Acquisition Act, 1894, the Reference Court must mandatorily pass an award under Section 26, determining the objections—The Court cannot dismiss the reference application under Order 7 Rule 11(d) CPC on the grounds of limitation—The issue of limitation, dependent on the date of notice or knowledge of the award, is a mixed question of law and fact, requiring framing of issues and recording evidence, not a preliminary dismissal. B. Nature of Reference Proceedings: Reference proceedings under the Land Acquisition Act, 1894, are distinct from ordinary suits—Following precedent, once a reference is made, the Court must render an award under Section 26 and cannot dismiss p...

Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act)—Sections 60—The mere fact that a vehicle is liable to confiscation under Sections 60 and 63 of the NDPS Act does not preclude its interim release under Sections 451 and 457 CrPC [Section 503 BNSS]—Sections 36-C and 51 of the NDPS Act affirm the applicability of CrPC provisions, including those for interim custody, unless specifically excluded—Confiscation under the NDPS Act is a distinct, post-trial procedure following due process and a judicial finding—The 2022 NDPS Rules (Rules 16–23), dealing with post-confiscation disposal, do not limit the Special Court’s power to grant supurdagi prior to such confiscation—Courts must avoid statutory interpretations that yield irrational or unintended outcomes; indefinite retention of vehic...

Negotiable Instruments Act, 1881—Sections 20, 118—This case addresses several key legal issues under the Code of Criminal Procedure, 1973 and the Negotiable Instruments Act, 1881—Firstly, it was held that a second petition under Section 482 CrPC challenging an order is not maintainable if the same ground was raised or could have been raised in a prior petition dismissed as withdrawn or not pressed, as successive petitions constitute an abuse of process (Paras 5-11)—Secondly, under Section 138 NI Act, an application for a handwriting expert examination on a cheque is dismissed when the accused admits the signature and does not deny its issuance, as there is no useful purpose in examining the body of the cheque (Paras 12-24)—Moreover, Sections 20, 118 & 139 NI Act establish presumptions about consideration ...

Penal Code, 1860—Sections 304-B, 498-A—The appellants, Krishna @ Kinna and Deepak, were convicted by the trial court for the offences under Sections 302, 304-B, and 498-A of the IPC, in relation to the death of Lata, the wife of appellant No.1—The prosecution alleged that the deceased was subjected to harassment for dowry, and eventually set herself on fire following a dispute with the appellants—The trial court convicted the appellants based on the victim’s dying declarations and witness testimonies—However, the defense argued inconsistencies in the victim’s statements and denied the demand for dowry—The appeal contended that the prosecution failed to prove beyond reasonable doubt that the appellants were involved in setting the deceased on fire or subjecting her to cruelty—After care...

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act)—Sections 5, 13(2)—The petitioner, Edelweiss Asset Reconstruction Company Ltd., challenged the order dated 06.05.2024, wherein the District Magistrate dismissed its application under Section 14 of the SARFAESI Act on the grounds that no notice under Section 13(2) was issued by the petitioner before filing the application—The petitioner had acquired the loan through an assignment agreement from AU Small Finance Bank Ltd—on 22.12.2022, and relied on a prior notice dated 25.11.2019 issued by the bank under Section 13(2)—The District Magistrate's rejection of the application was based on the absence of a fresh notice from the petitioner—However, the court held that, following the assignment...

Penal Code, 1860—Sections 376, 107—The applicants have filed a criminal revision under Section 397 read with Section 401 of Cr.P.C. against the order dated 22.08.2023 passed by the 10th Additional Sessions Judge, Bhopal, framing charges under Section 376 r/w 34, 190, and 506-II of IPC—The case involves allegations of rape and abetment by the applicants and co-accused Abhishek Gupta—The prosecutrix claims that the applicants forcibly sent her with Abhishek, who then established physical relations with her multiple times—The applicants sought discharge from the case, asserting that the allegations were afterthoughts—However, the trial court found prima facie evidence against the applicants for abetment under Section 109 of IPC—The court clarified that while women cannot commit rape, they can be held...

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989—Section 14A(2)—A subsequent appeal challenging the same bail rejection order of the Special Court is not maintainable after the dismissal of the first appeal, regardless of changed circumstances or whether it is labelled as a second or third appeal—Once the High Court dismisses an appeal against a bail rejection under Section 14A(2), it becomes functus officio concerning that specific order—The appropriate remedy for the accused is to file a fresh bail application under Section 439 of the Criminal Procedure Code (Cr.P.C.) before the Special Court—If rejected, a new appeal may be filed against the fresh rejection—The High Court's jurisdiction under Section 14A(2) is strictly appellate, focusing on the correctness of the S...

Welfare of child—Changed circumstances. Guardian and Wards Act, 1890 Section 11—Hindu Marriage Act, 1955—Section 13B—Civil Procedure Code, Order 7 Rule 11—Consent decree about custody of child, while passing divorce decree—Whether attained finality—Revision petition by  mother, to impugn order of family court, which dismissed the application filed by mother, alleging, Guardianship petition filed by father is not maintainable— In view of that grounds in changed circumstances, the respondent cannot be debarred to file a petition for custody of his child. (Para 6) Result :- Revision petition dismissed. ...