A. Motor Vehicles Act, 1988—Section 10(2)(d) and Section 2(21)—LMV License and Transport Vehicle—A driver holding a license for Light Motor Vehicle (LMV) is legally authorized to drive a transport vehicle with a gross vehicle weight not exceeding 7,500 kg—The Supreme Court in M/s Bajaj Alliance General Insurance Co. Ltd. v. Rambha Devi and others (2025(3) SCC 95) affirmed that no separate endorsement is required in such cases. (Para 7) B. Motor Vehicles Act, 1988—Section 3(1) and Section 2(47)—Definition and Scope—The requirement of separate authorization for transport vehicles applies only when the gross vehicle weight exceeds 7,500 kg. Drivers of transport vehicles under this weight limit with an LMV license are deemed qualified. (Para 7) C. Motor Accidents Claims Tribunal—Recovery R...

Hindu Marriage Act, 1955—Section 24—This judgment clarifies principles on interim maintenance under Section 24 of the Hindu Marriage Act, 1955, emphasizing that courts are not confined to declared Income Tax Returns when evidence indicates higher actual income or concealment by the husband, such as lavish lifestyle and significant unexplained bank credits—The husband cannot evade maintenance obligations while living extravagantly—The wife’s earning capacity or family wealth does not automatically bar maintenance; the standard of living during marriage and husband’s capacity to pay remain key considerations—Wealth from asset sales provides future security but does not reduce interim maintenance entitlement—Under the Family Courts Act, 1984, Section 19, regarding medical treatment of a minor c...

Criminal Law—Rape (Section 376 IPC)—The victim’s moderate intellectual disability, with a mental age of 9 to 10 years and IQ between 40-50, was held to invalidate any consent given, thereby constituting rape—The court affirmed the trial court’s conviction, emphasizing that mental capacity critically affects the validity of consent in sexual offences—The victim’s credibility was assessed through her demeanour during testimony and expert psychiatric evaluation, reinforcing the absence of valid consent—On appeal, the court re-appreciated the entire evidence, underscoring the importance of thorough review in serious offences involving vulnerable victims—The defence’s claim of case fabrication as retaliation lacked specific evidentiary support, failing to undermine the prosecution&rsq...

Criminal Law—Rape (Section 376 IPC)—The victim’s moderate intellectual disability, with a mental age of 9 to 10 years and IQ between 40-50, was held to invalidate any consent given, thereby constituting rape—The court affirmed the trial court’s conviction, emphasizing that mental capacity critically affects the validity of consent in sexual offences—The victim’s credibility was assessed through her demeanour during testimony and expert psychiatric evaluation, reinforcing the absence of valid consent—On appeal, the court re-appreciated the entire evidence, underscoring the importance of thorough review in serious offences involving vulnerable victims—The defence’s claim of case fabrication as retaliation lacked specific evidentiary support, failing to undermine the prosecution&rsq...

Electricity Act, 2003—Sections 86(1)(f), 111—Contractual Liability—Connection Agreement—Privity of Contract—Appellate Interference—Bay Charges—The Supreme Court restored the State Commission’s decision holding BHP Ltd, the lead generating company, solely liable for the full construction and O&M charges for a power substation Bay under a Connection Agreement (CA) dated 02.07.2021 with the transmission licensee, HPPTC Ltd—The Court reversed the Appellate Tribunal’s (APTEL) order that had directed HPPTC to provide connection upon proportionate payments by all generating companies, despite only BHP Ltd being contractually liable under the CA—The Court reaffirmed that Respondents No. 2 and 3, not being parties to the CA, could not be made liable to HPPTC under the doctrine o...

Civil Procedure Code, 1908—Order 39 Rule 1.  Administrative Law—Interim Relief—Excise Policy—Reasoned Order—Judicial Review: The Supreme Court set aside the interim order dated 26.03.2025 of the Punjab and Haryana High Court, which had directed status quo on the operation of liquor vends allotted under the Excise Policy 2025–2026—The High Court’s interim direction effectively stalled the functioning of 97 liquor vends from 01.04.2025 onwards, pending hearing of the writ petitions—The Supreme Court held that interim relief affecting substantive rights—such as freezing validly auctioned allotments—must be supported by brief but cogent reasons demonstrating judicial application of mind to established principles: prima facie case, balance of convenience, and irreparab...

Motor Vehicle Act, 1988—Section 173 – Appeal—Driving licence—Accident in 2014, the High Court set aside the recovery rights claimed by the insurance company—The accident involved a collision between the appellant's truck, driven by an employee, and another truck, causing injuries and death—The insurance company argued that the appellant's driver lacked a valid license, verified by the Nagaland Transport Authority, and that the appellant failed to report the accident as required—The High Court ruled in favor of the appellant, emphasizing the appellant's non-obligation to verify the driver's license authenticity and the absence of specific pleas or evidence regarding the appellant's insurance policy violation—Citing Supreme Court precedents on insurance company and vehicle ...

Motor Vehicles Act, 1988—Section 166—Appellant contested liability, asserting that the vehicle was being used against insurance terms and that the deceased was an unauthorized passenger—Alleging the driver lacked a valid transport license, the appellant denied responsibility for compensation—The Court, however, held the absence of fitness certificate in the policy did not invalidate registration under Section 39 of the 1988 Act—It rejected the claim of the deceased being a gratuitous passenger, noting his role as a laborer for loading and unloading in the vehicle—Confirming the driver's possession of a valid Light Motor Vehicle license, the Court dismissed the appeal, affirming the Tribunal's compensation award. ...

Civil Procedure Code, 1908—Order 39 Rules 1—A miscellaneous first appeal, the plaintiff contested the rejection of their application for a temporary injunction in a case involving two sale agreements from 2015—The plaintiff sought specific performance and claimed exclusion from a site distribution agreement between the defendants and original landowners—The plaintiff aimed for a declaration of the agreement's nullity and a permanent injunction against alienation by the defendants—Initially granted ex parte, the temporary injunction application was later dismissed—The Court of Appeal held that the Trial Court erred in deeming the plaintiff's case lacking prima facie merit and found the grant of a temporary injunction not infructuous—Consequently, the Court of Appeal allowed the plaintiff...

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Hindu Marriage Act, 1955 - Section 25—Challenged a family court judgment dated November 13, 2019, for dissolution of marriage, which did not grant her permanent alimony— During a preliminary hearing, it was noted that the wife had not included a claim for permanent alimony in her divorce petition— The court highlighted Section 25 of the Hindu Marriage Act, 1955, which allows either party to seek maintenance at any time after a decree is passed— The appellant’s counsel cited case law indicating that applications for alimony do not require a written format, but the court affirmed that the appellant must still apply to the family court for maintenance— The appeal was ultimately dismissed, with directions for the lower court to consider any subsequent application from the appellant expeditiously while notif...

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Criminal Procedure Code, 1973 (CrPC) - Sections 401 and 482—Prosecution's case relied on circumstantial evidence, notably the "last seen" theory and recovery of an axe purportedly used in the crime— Key witness testimonies (P—W—1 to P—W—14) were found inconsistent, failing to conclusively establish the Appellant's guilt or the circumstances surrounding the deceased's death— The court noted that the prosecution's evidence did not form a complete chain of events, rendering the findings unsustainable— Additionally, the court emphasized that even though Budek did not appeal, the lack of evidence against both accused warranted the same relief— Citing precedents, the court concluded that the convictions for both accused must be overturned to prevent manifest injusti...

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Mahatma Gandhi National Rural Employment Guarantee Act 2005 - Section 25—Respondent No— 1's employment based on his remand to judicial custody in a criminal case, citing misconduct due to breach of trust— The Single Judge ruled that the termination violated principles of natural justice, as the circular permitting disengagement without a hearing did not apply to cases unrelated to employment— The judge further noted that there was no evidence linking Respondent No— 1's alleged misconduct to violations of the MGNREGS Act— While the appellant argued for further inquiry into Respondent No— 1’s job status, this was deemed an independent issue— The court found no grounds to overturn the Single Judge’s decision, resulting in the dismissal of the appeal— The case underlini...

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Appeal—Negotiable Instruments Act, 1881—Sections 148 and 138—Appeal—Petitioner seeking quashing of order passed by ASJ—Legality of—Petitioners have not disputed that respondent has already executed sale deed of property in question in favour of IOCL—In view of non-receipt of consideration/dishonour of Cheque in question—Respondent has already filed suit for cancellation of sale deed—There is hardly any merit in proposition made by petitioners that land in question which is in possession of respondent may be treated as sufficient security in place of deposit of an amount of Rs. 1,90,90,000/- in form of FDR—Petitioners reluctantly offered to deposit a further sum of Rs. 10 laksh—Four which also they sought more time—Fails and circumstances, petitioners or irregularity i...

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University Grants Commission Act, 1956 - Section 22(1), Section 26(1)(e), Section 26(1)(g)—Application for the post of Associate Professor based on insufficient API scores, as stipulated in the latest advertisement following UGC Regulations— The learned Single Judge noted that the State of Orissa had adopted UGC norms through the Orissa Revised Scales of Pay Rules, 2010, requiring adherence to these regulations in recruitment— The appellant argued that initial advertisements did not specify API requirements, claiming unfair treatment— However, the court found that by the time of the final advertisement in 2017, compliance with UGC standards was mandatory— Citing precedents, the court emphasized that candidates participating in the selection process must adhere to the published qualifications, which the appell...

Central Civil Services (Temporary Service) Rules, 1965 - Rule 2(d), Rule 5, Rule 5(1)—Termination of a temporary constable's services under Rule 5(1) of the CCS (Temporary Service) Rules. The rule allows for termination with one month's notice or immediate termination with compensation equivalent to that notice period. The respondent had willfully suppressed information regarding a pending criminal case while filling out a verification roll, which justified the termination. The Court emphasized that the termination was not punitive or stigmatic but a lawful discharge according to the rules. The decision referenced a prior case regarding permanent employees, clarifying its inapplicability to temporary servants. The Court set aside the impugned judgment of the learned Single Judge, allowing the appeal without costs, reaffirmin...

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Penal Code, 1860 (IPC) - Section 201, Section 302, Section 304B, Section 34, Section 498A—Circumstances surrounding the hurried cremation of the deceased, which was executed without notifying her family, indicating potential culpability of the accused— Citing Trimukh Maroti Kirkan v— State of Maharashtra, the Supreme Court emphasized that in dowry death cases, where crimes are often committed in secrecy, the burden of proof may shift under Section 106 of the Evidence Act— The prosecution need not provide evidence of the same rigorous standard as in typical circumstantial cases— Here, the accused failed to prove their claim that the deceased died of natural causes— The testimony of witnesses substantiating prior cruelty, coupled with the absence of credible explanations from the accused, reinforced their...

Penal Code, 1860 (IPC) - Section 302, Section 34—Basis of enmity. The principle that a single trustworthy eyewitness can suffice for conviction was reaffirmed, citing Vadivelu Thevar v. State of Madras and other precedents. The court found that the eyewitness testimony of P.W.3 was corroborated by medical evidence from P.W.6, which detailed multiple ante-mortem injuries on the deceased, contradicting the defense's claims of accidental death. The evidence suggested premeditated murder with unusual cruelty, rendering the defense’s arguments unsubstantiated. The trial court's conviction based on reliable, consistent eyewitness testimony was upheld, with the appeal dismissed. The accused-appellant's bail was canceled, and he was ordered to surrender by a specified date, failing which authorities were directed to ensure...

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Criminal Procedure Code, 1973 (CrPC) - Section 173(2), Section 299, Section 313(1)(d)—Prosecution's claims— The court acknowledged inconsistencies between ocular and medical evidence, particularly regarding the exact sequence of events and the weapon used— It was determined that the core evidence from witness P.W.3, who witnessed a confrontation over an outstanding debt, was credible but incomplete— The appellant's abscondence was noted as incriminating, shifting the burden of explanation onto him— Ultimately, while the evidence did not support a conviction for murder, it was sufficient to establish a charge under Section 304 Part II IPC for culpable homicide without intent to kill— The court set aside the murder conviction, imposed a sentence equivalent to time already served, and ordered the a...

Penal Code, 1860 (IPC) - Section 302—Marked by inconsistencies and indications of fear and coercion, as they revealed being detained by police for about a week without reporting the incident— Notably, P.W.1's cross-examination raised doubts about the voluntary nature of his statements, suggesting he spoke out of fear of police reprisal— Similar concerns were echoed in the testimonies of P.W.2 and P.W.4, who claimed police threats influenced their accounts— The Court cited precedents where delayed reporting and unnatural conduct undermined witness reliability, leading to a presumption of innocence for the accused— Ultimately, the Court granted the appellant the benefit of the doubt, acquitting him of murder charges and setting aside the trial court's judgment— The appellant’s bail bonds wer...

Evidence Act, 1872 - Section 27—Murder and concealment of a body, respectively, following a family dispute— The trial court sentenced them to life imprisonment and additional terms— During the appeal, Appellant No— 3 passed away, leaving the others to contest— The prosecution established a circumstantial case, detailing a conflict over land that escalated to murder— Key witnesses, including the deceased's wife and son, testified to the assault and concealment of the body, supported by medical evidence confirming homicide— The court found the circumstantial evidence collectively established guilt beyond reasonable doubt— The appeal was dismissed, and the bail of Appellant Nos— 1 and 2 was revoked, directing their immediate surrender to serve their sentences. ...

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Penal Code, 1860 (IPC) - Section 302, Section 304(II)—Clear and consistent, despite minor contradictions, and were corroborated by medical and forensic evidence, including a chemical examination report indicating human blood on the weapon used— The postmortem findings confirmed multiple grievous chop wounds, establishing the cause of death as homicidal— The court emphasized that in cases of direct evidence, the absence of motive is not significant, as established in Bipin Kumar Mondal v— State of West Bengal, where direct, trustworthy evidence overrides the need for motive— The court upheld the trial court's judgment, dismissing the appeal without costs, affirming the well-reasoned conclusion that the evidence presented warranted the conviction of the appellant. ...

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Criminal Procedure Code, 1973 (CrPC) - Section 235(2)—Accounts of a fatal incident, including inconsistencies regarding their eyewitness status and the source of light that allowed them to observe the event— The medical evidence, particularly the autopsy findings, did not support claims of antemortem injuries or a homicidal death attributed to the accused— The absence of credible circumstantial evidence, such as the unexplained recovery of a blood-stained weapon and lack of links to the accused, led the court to question the prosecution's case— Citing precedents, including Sattatiya v— State of Maharashtra and Balwan Singh v— State of Chhattisgarh, the court emphasized the necessity of proving bloodstains' connection to the deceased— Ultimately, the prosecution's failure to establish a...

Penal Code, 1860 (IPC) - Section 120B, Section 147, Section 148, Section 149, Section 212, Section 302, Section 323, Section 436, Section 452—Appeal of the accused in a case involving the murder of Father Arul Doss and the arson of a church, focusing on the shared common intention among the appellants— Testimony from eyewitness PW-2, who identified the appellants, was deemed clear and reliable, despite the absence of a test identification parade— The court highlighted that the identity of the accused was established through the victims’ close encounters with them during the attack— The defense's claim of prejudice due to lack of specific charges under Section 34 IPC was rejected, as the charges adequately described the crime's commission— Consequently, the court upheld the convictions for murder...

Penal Code, 1860 (IPC) - Section 302, Section 307, Section 34, Section 341, Section 452—Reliability was reinforced by medical evidence detailing multiple injuries consistent with the weapons used— The court emphasized that the testimony of injured witnesses holds significant weight, as their injuries provide a guarantee of their presence at the crime scene— Despite some witnesses turning hostile, P.W. 14’s account was corroborated by P.W. 7, who confirmed the victim’s statements regarding the assault— The prosecution successfully established the case against the accused beyond reasonable doubt, with additional forensic evidence linking the weapons to the crime— The court found no errors in the trial court's judgment and dismissed the appeal, cancelling the appellants' bail and ordering the...

Criminal Procedure Code, 1973 (CrPC) - Section 278—Appeal of the accused in a case involving the murder of Father Arul Doss and the arson of a church, focusing on the shared common intention among the appellants— Testimony from eyewitness PW-2, who identified the appellants, was deemed clear and reliable, despite the absence of a test identification parade— The court highlighted that the identity of the accused was established through the victims’ close encounters with them during the attack— The defense's claim of prejudice due to lack of specific charges under Section 34 IPC was rejected, as the charges adequately described the crime's commission— Consequently, the court upheld the convictions for murder and related offenses under IPC, while acquitting the appellants of lesser charges— T...

Dowry Prohibition Act, 1961 - Section 34, Section 4—Testimony of the child witness (PW 4), who directly observed the attack by the accused on the deceased— Key findings included consistent evidence of the weapon used, a knife, corroborated by blood-stain analysis— The court dismissed the defense's argument about the FIR's procedural validity, noting the informant's ability to understand its contents— It also rejected claims regarding unexplained injuries on the accused, emphasizing the child's clear testimony— The absence of a proven motive was deemed irrelevant due to the strong direct evidence presented— The court determined that the accused's actions reflected extreme depravity, negating claims of acting under provocation— Ultimately, the appeal was dismissed, affirming the ...

Criminal Procedure Code, 1973 (CrPC) - Section 161, Section 164—Corroborative evidence, particularly from P.Ws. 1, 3, 11, and the Investigating Officer (P.W.15), regarding the discovery of the weapon— The court noted the inconsistencies in witness testimonies about the weapon's description but deemed them immaterial— The prosecution's failure to produce certain evidence was criticized; however, the remaining testimony was considered credible and trustworthy— The court highlighted that the brutal nature of the crime indicated premeditation rather than a spur-of-the-moment action— Ultimately, the court upheld the conviction, affirming that the prosecution had successfully proved the charge beyond reasonable doubt, emphasizing that the quality of evidence, rather than its quantity, is paramount in crimin...

Criminal Procedure Code, 1973 (CrPC) - Section 313—Birdhichand Sarda v. State of Maharashtra. The prosecution relied on testimonies from P.W.1 and P.W.10, who reported discovering the deceased with a cut throat. Although P.W.8, an eyewitness, turned hostile, P.W.10 testified that he saw the appellant holding a blood-stained knife at the crime scene. Forensic evidence confirmed that blood found on the appellant's clothing and the weapon matched the deceased's blood type. The defense argued that a DNA test was necessary; however, the court held that the presence of human blood on both the accused and the knife was incriminating. The defense’s suggestions of motive were acknowledged, further implicating the appellant. Given the overwhelming circumstantial evidence, the court upheld the trial court's judgment, cancelli...

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Evidence Act, 1872 - Section 32, Section 32(1)—Conviction of three appellants under Section 302 read with Section 34 of the IPC, following the murder of Dasarathi Soren on November 2, 1997— The trial court sentenced them to life imprisonment, with a fine, based on eyewitness accounts from the deceased's brothers and others— The prosecution's case relied heavily on the testimonies of P.W.3, P.W.4, P.W.5, and P.W.10, who claimed to have witnessed the assault. The defense argued the witnesses lacked credibility, emphasizing the absence of a crucial eyewitness, Kalyan, and inconsistencies in their accounts— The court upheld the prosecution's evidence as reliable, affirming the admissibility of the deceased's statements before death under Section 32(1) of the Evidence Act— The medical testimony cor...

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Penal Code, 1860 (IPC) - Section 302, Section 304 Part-II—Appellant lacked intent to cause the specific injury, suggesting a lesser charge under Section 304, Part II IPC— Eyewitnesses P.W.8 and P.W.19 confirmed the assault, detailing multiple strikes to the deceased's head, leading to fatal injuries. Medical evidence indicated that the cause of death was intracranial hemorrhage from injuries to the occipital region, establishing homicide— The court examined the evidence, emphasizing that multiple blows indicated intent to cause serious harm, dismissing claims of inebriation due to lack of evidence— The court concluded that the assault demonstrated intent to inflict bodily injury likely to cause death— Consequently, the conviction was upheld, and the appeal was dismissed, affirming the original judgment an...

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Penal Code, 1860 (IPC) - Section 408—Petitioner was sentenced to two years of simple imprisonment and fined ₹5,000 for causing a deficit of ₹3,959—99 while employed as a Salesman at the Kotagaon Sales Centre— The prosecution established that the petitioner was entrusted with goods totaling ₹33,254—81 but failed to account for the deficit upon deposit of sale proceeds— The appellate court upheld the trial court’s findings, asserting that the burden to account for the deficit shifted to the petitioner once entrustment was proven— The petitioner claimed he acted under instructions and alleged prejudice from the non-examination of the Investigating Officer, but these arguments were dismissed— While the conviction was maintained, the court modified the sentence, allowing the petitioner to b...

Penal Code, 1860 (IPC) - Section 279, Section 304-A, Section 337, Section 338—Trial court found him negligent, applying the doctrine of Res Ipsa Loquitur, despite the absence of clear evidence of rash driving from eyewitnesses— The appellate court upheld this finding, citing an MVI report that indicated no mechanical failure and attributed the accident to negligence— Upon review, the High Court noted that eyewitness accounts did not support claims of negligent driving, and the MVI’s opinions lacked substantiation regarding the driver's knowledge of hazardous road conditions— The Court emphasized the importance of foreseeability in negligence cases, finding no evidence that the driver could have anticipated the road's poor state— Consequently, the Court set aside the lower court judgments, acquit...

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Dowry Prohibition Act, 1961 - Section 4—Improperly shifted the burden of proof under Section 106 of the Evidence Act. The court highlighted that while Section 106 applies in cases where the facts are especially within the accused's knowledge, the prosecution still bears the overall burden to prove guilt beyond reasonable doubt. The trial court's reliance on the confessional statement of one Appellant without sufficient corroborative evidence was deemed inadequate for conviction. The court found that the circumstances did not rule out alternative hypotheses, including the possibility of accidental death or involvement of others. Consequently, the court concluded that the evidence was insufficient to uphold the convictions and set aside the trial court's judgment, ordering the immediate release of the Appellants if not req...

Criminal Procedure Code, 1973 (CrPC) - Section 357—Claimed to have witnessed the assault despite the incident occurring on a dark night, merely 15 feet away— However, his credibility was questioned due to inconsistencies in his statements and a lack of corroborative evidence regarding the identification of the accused— The Court emphasized that identification in darkness, without specific distinguishing features, undermines the reliability of the testimony— Additionally, the Investigating Officer's account of the accused's admission to the crime lacked independent witness verification, further diminishing its weight— Ultimately, the Court found insufficient evidence to uphold the conviction and set aside the trial court's decision, ordering the immediate release of the appellant from custody, rein...

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Penal Code, 1860 (IPC) - Section 147, Section 148, Section 149, Section 302, Section 323, Section 324, Section 326, Section 34, Section 341—Accused faced charges under Section 302 read with 149 IPC— The appellants argued against the conviction, highlighting discrepancies in witness testimonies regarding the FIR, the nature of injuries sustained by the deceased, and the lack of explanation for injuries on some accused— They contended that the evidence did not support a murder charge, asserting that the attack was not aimed at causing death but to prevent the informant party from harvesting paddy— The court found that while A-1, A-3, and A-7 had caused fatal injuries, their intention was not to kill, warranting a reduction of their conviction to Section 304 Part II IPC— The remaining accused were acquitted of m...

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Motor Vehicles Act, 1988 - Section 163-A—Coconut vendor contributing significantly to his family's upkeep. The MACT found the accident resulted from the negligent driving of a tractor, confirming the deceased's monthly earnings and family contributions.The Insurance Company argued that the multiplier under Section 163-A of the Motor Vehicles Act, introduced in 1994, should not apply as the accident occurred prior to that date. However, the learned Single Judge referenced the Supreme Court's decision in Shankarayya v. United India Insurance Co. Ltd., ruling that the Schedule should apply to ongoing cases for the benefit of victims. Ultimately, the appeal was dismissed, affirming the compensation amount as reasonable and justified given the circumstances. ...

Criminal Procedure Code, 1973 (CrPC) - Section 313—Imprisonment for the murder of his mother— The incident occurred on April 12, 2005, when the Appellant, after a dispute with his mother regarding his plans to visit another village, assaulted her with a walking stick and a stone, resulting in her death— The Appellant admitted to the assault but claimed he was not in his right mind— The trial court rejected his insanity plea, stating no evidence of his mental state at the time of the crime was presented— Upon review, the High Court noted that the injuries were not severe, and the Appellant acted under sudden provocation without any history of criminal behavior— The Court determined that the case fell under Section 304 Part-2 IPC (culpable homicide not amounting to murder) instead— Consequently, the...

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Criminal Procedure Code, 1973 (CrPC) - Section 357(3)—Appeal the acquittal of the opposite party, arguing that the notice was sent correctly but returned unserved— Citing the case of C.C. Alavi Haji, the petitioner contended that a presumption of service arises when a notice is sent by registered post to the correct address— However, the complaint failed to prove that the notice was sent to the correct address or included a returned envelope, as required by law— The court emphasized that, in accordance with precedents like Subodh S. Salaskar, deemed service occurs 30 days after issuance unless otherwise proven— Since the complaint was filed before the statutory period allowed for payment, the learned Appellate Court found it invalid— The petitioner's request for leave to appeal was dismissed, b...

Criminal Procedure Code, 1973 (CrPC) - Section 378(4)—Appeal against a judgment from the Additional Sessions Judge, Anandapur, which set aside a prior order acquitting Jagabandhu Jena of charges under Section 138 of the Negotiable Instruments Act— The appellate court concluded that the cheques issued were for a time-barred debt, making them unenforceable under the Limitation Act— The petitioner’s counsel argued that the appellate court's reasoning was flawed, citing several Supreme Court and High Court precedents to support the claim that the conditions for enforcing the cheque were met— After reviewing the appellate court’s decision and hearing arguments, the court granted leave to appeal, instructing the petitioner to file the appeal memo within four weeks— The leave petition was thus dispos...

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Criminal Procedure Code, 1973 (CrPC) - Section 374(2)—Presented. The prosecution relied heavily on the testimonies of several witnesses (P.W.3, P.W.4, P.W.11), who claimed to have seen the appellant with the deceased last. However, inconsistencies and lack of corroborative evidence rendered their testimonies unreliable. Key evidential links, such as the appellant's alleged confession and recovery of incriminating articles, were found insufficient due to procedural lapses and the absence of independent witnesses. The prosecution also failed to establish a clear motive, further weakening the case. Citing precedents that emphasize the necessity for a complete chain of circumstantial evidence, the court concluded that the prosecution did not prove the appellant's guilt beyond a reasonable doubt. Consequently, the appellate court...

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Criminal Procedure Code, 1973 (CrPC) - Section 374(2)—Significant inconsistencies and omissions in PW-1's testimony and found it inconsistent with the statements of other prosecution witnesses, who contradicted PW-1's presence at the crime scene— The prosecution's case heavily relied on circumstantial evidence, which failed to establish a clear chain of guilt beyond reasonable doubt— The Court emphasized that suspicion cannot substitute for proof, reiterating established principles governing circumstantial evidence, including the necessity for conclusive and corroborative evidence— Furthermore, the confession recorded in police presence was deemed inadmissible— The Court ultimately concluded that the prosecution had not met its burden of proof, leading to the acquittal of the appellant, Nakhia @ S...

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Industrial Disputes Act, 1947 - Section 17-A(1)—Preliminary objection citing res judicata due to a prior order from 2016. However, the court determined that the current petition, focusing on pensionary benefits, was not barred by res judicata as it did not overlap with earlier claims. The petitioner, having served over 34 years, was deemed entitled to pension under the State Bank of India Pension Rules. The court reinforced that pension is a vested right, independent of employer discretion, and directed the bank to commence pension payments from 01.03.2013, along with interest at 12% per annum for delays in payment from 21.03.2015. Thus, the writ petition was allowed, affirming the petitioner’s right to receive his entitled pension and associated interest without costs. ...

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Criminal Procedure Code, 1973 (CrPC) - Section 378—Plantation due to insufficient evidence— Key witness P.W.5, a Forest Extension Officer, testified that joint verification of the plantation sites was conducted over two years after the plantation, revealing damage from drought, white ants, and cattle grazing— The absence of fencing allowed easy access to the sites, leading to plant destruction— The court noted that no witnesses from the plantation sites claimed unpaid wages or fraudulent labor records— The defense argued that there was a lack of evidence regarding the total number of plants received for planting and that the conditions contributed to the plantation's failure— The appellate court emphasized that appeals against acquittals should be exercised cautiously and only if the trial court&rsq...

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Criminal Procedure Code, 1973 (CrPC) - Section 378, Section 378(1)(3)—Allegations of bribery under the Prevention of Corruption Act, the trial court acquitted the accused based on the testimonies of material witnesses, particularly the decoy witness (P.W.3), who, although initially supportive, contradicted the prosecution during cross-examination by asserting the payment made was for Amway products purchased from the accused's wife— The defense successfully established that the amount accepted (Rs—500) was not a bribe but rather payment for goods, supported by the testimony of a defense witness (D.W.1). The trial court found the defense's explanation reasonable, satisfying the burden of proof required under Section 20 of the Act. The State's appeal against the acquittal argued that the prosecution's evide...

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Civil Procedure Code, 1908 (CPC) - Section 100—Appellate Court annulled the Trial Court's findings, asserting the Competent Authority lacked jurisdiction to order eviction under Section 23(1) of the OLR Act, as the plaintiff was not a vendee. The Competent Authority had ruled the plaintiff as an unauthorized occupant and declared the transfer invalid, while the plaintiff claimed occupancy rights through adverse possession. The Appellate Court's conclusion that the plaintiff's possession constituted adverse possession was deemed erroneous due to the lack of jurisdiction of the Civil Court over OLR orders. The Court found no procedural violations by the Competent Authority. Ultimately, the initial dismissal of the plaintiff's suit by the Trial Court was restored, with the appeal allowed, and parties ordered to bear the...

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Civil Procedure Code, 1908 (CPC) - Order 1 Rule 9, Section 141—Appellant challenged the order of the learned Single Judge, which had favored Respondent Nos—1 and 2 regarding land ownership without including her as a necessary party— The Appellant had previously purchased land measuring Ac—1—50 decimals, and her rights were directly affected by the decision to recognize Respondent No—2's ownership of half the land— The Appellant argued that the absence of her involvement violated principles of natural justice, as her interests were at stake— The court acknowledged that the Appellant was indeed a necessary party, as she could suffer from the implications of the order— Citing precedent, the court emphasized that non-joinder of necessary parties can render a decision invalid— As ...

Civil Procedure Code, 1908 (CPC) - Order 41 Rule 21(1)(aa)—Properties were joint family properties subject to partition— The plaintiffs relied on oral evidence and settlement records but failed to establish a common ancestor, with their pleadings indicating separate family lineages— Key witnesses lacked direct knowledge of the relationships claimed— The trial court rejected the plaintiffs' evidence, citing inconsistencies and a lack of direct evidence regarding familial ties— Additionally, the plaintiffs sought to introduce a mortgage deed as additional evidence, which the appellate court found irrelevant to proving co-ownership— The appellate court upheld the trial court’s decision, concluding that the properties were not joint and that the plaintiffs had not sufficiently demonstrated their c...

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Penal Code, 1860 (IPC) - Section 302—Challenged the credibility of these witnesses, particularly P.W.2 as a close relative, P.W.6 for his distance during the observation, and P.W.10 for not being examined during the investigation. The court upheld the reliability of P.W.6's testimony, citing the absence of visual barriers, and rejected the claim that P.W.2's relation to the victim undermined his credibility. The court deemed P.W.10's evidence admissible under Section 311 of the Cr.P.C., emphasizing the importance of hearing relevant testimony. His account corroborated other witnesses and supported the prosecution's case. The weapon used in the assault was seized promptly and linked to the injuries sustained by the victim. The defense's argument for culpable homicide was dismissed, as the circumstances indicated a...

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Civil Procedure Code, 1908 (CPC) - Section 96—Leading to the amputation of the plaintiff's right arm, the court reaffirmed the principle of strict liability in tort law— The plaintiff established that on June 21, 2003, he encountered a snapped live electric wire, resulting in serious injuries and subsequent amputation— The court emphasized that those engaged in hazardous activities are liable for injuries caused, irrespective of negligence— Citing precedent, the court ruled that the defendants failed to ensure safety measures, leading to the plaintiff's injury— The evidence presented, including testimonies from witnesses and medical records, supported the claim of permanent disability, quantified at 70%— The trial court's findings regarding liability and compensation were upheld as sound and...

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Prevention of Money-Laundering Act, 2002 - Section 42—Appellant, represented by the Joint Director of the Enforcement Directorate, sought to appeal a decision of the Appellate Tribunal under Section 42 of the PML Act, which allows appeals within sixty days of communication of the Tribunal's order— The Court held that the limitation period begins from the date the order was communicated to the appellant, specifically on 31 May 2019, rather than any earlier date when the order was communicated to other parties— It clarified that the strict timeline under the PML Act cannot be extended by invoking Section 5 of the Limitation Act, emphasizing that appeals filed beyond 120 days from the communication date will be dismissed as time-barred— The appellant's request for condonation of a 75-day delay was found insuff...

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Penal Code, 1860 (IPC) - Section 201, Section 302—Murder (Section 302 IPC), destruction of evidence (Section 201 IPC), and offenses under the SC and ST (PoA) Act after being accused of killing his girlfriend, whose body was found in a nearby village— While the prosecution established a relationship between the appellant and the deceased, it lacked direct evidence tying him to the murder— Key circumstantial evidence, such as the motive of an alleged pregnancy and the appellant's subsequent absconding, was deemed unsubstantiated— Medical evidence ruled out signs of pregnancy or poisoning, undermining the prosecution's narrative— The trial court's conviction was found to be based on conjecture rather than solid proof, with no compelling circumstantial link to the appellant— Consequently, the co...

Civil Procedure Code, 1908—Section 100, Order XLI Rule 27—Appeal—Production of Additional Evidence—Remand—In an appeal filed by the plaintiffs under Section 100 CPC, the High Court considered an application under Order XLI Rule 27 for the production of additional evidence—The plaintiffs, illiterate villagers, claimed ownership of the suit land but had failed to produce documentary evidence during the trial and appellate stages—The Trial Court and First Appellate Court dismissed the suit for lack of proof of title—On appeal, the High Court allowed the application for additional evidence and remanded the case to the Trial Court, granting the plaintiffs liberty to produce documents to prove ownership—Both parties were permitted to adduce further evidence—The Trial Court was directed...

Civil Procedure Code, 1908 (CPC) - Section 100—Affirming the Plaintiff's title over the disputed land and dismissing the Defendant's claims— The Plaintiff purchased the land via registered sale deeds dating back to 1884 and provided evidence of ownership, including records of rights and necessary permissions for the transaction— The Defendant, who claimed to have purchased the land in 1968, could not establish any title, as his evidence referenced a different plot and failed to demonstrate ownership of the disputed land— The Court emphasized that to claim adverse possession, the Defendant must deny the true owner's title, which he failed to do— Ultimately, the appeal was dismissed, confirming the Plaintiff's title and possession, with both parties bearing their respective costs. ...

Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS) - Section 20(b)(ii)(c)—Testimony and inconsistencies in evidence— The court reiterated that while official witnesses can provide testimony, their statements must be corroborated by independent witnesses, especially when contradictions arise— Significant discrepancies were noted, particularly in the testimony of P.W.4, the Tahasildar, regarding the recovery of contraband, and the failure of other witnesses to identify the accused— Additionally, procedural lapses in the seizure and custody of the contraband raised doubts about the integrity of the prosecution's case— The court emphasized that in cases involving severe penalties, the burden of proof is heightened, requiring rigorous scrutiny of evidence— Given the material inconsistencies and ...

Criminal Procedure Code, 1973 (CrPC) - Section 378(1), Section 378(3)—Claim of disproportionate assets— The prosecution argued that the accused had assets worth Rs. 8.51 lakhs beyond his known income, but the defense presented evidence of familial contributions and agricultural income that countered these claims— Key witnesses, including family members, testified about the accused's inheritance and financial status, leading the court to deduct significant amounts from the alleged disproportionate assets— The defense argued that the prosecution's calculations were flawed and the circumstances surrounding the cash recovery after the father’s death were credible— The court found no errors in the trial’s judgment, asserting that the conclusions reached were reasonable and well-supported by the...

Employees Compensation Act, 1923 - Section 30—Claim proceeding resulting in an award, this Court, on 26.02.2020, directed a Crime Branch investigation into the claims surrounding the involvement of a specific vehicle in an incident leading to a death. A report from the Deputy Superintendent of Police confirmed that the tractor and trolley in question were not involved, and further indicated fraudulent activity by the claimants and the surveyor from the insurance company, who produced forged documents and false evidence— Consequently, this Court found sufficient grounds to set aside the award of compensation amounting to ₹11,29,296, asserting the need for criminal proceedings against those involved in the fraud— The Court ordered the Deputy Superintendent of Police to file an FIR against all parties implicated— Th...

Criminal Procedure Code, 1973 (CrPC) - Section 100—Plaintiffs, asserting that Defendant No— 1 had no right to interfere with the use of the suit land, which was deemed a public road— The First Appellate Court upheld this decision, rejecting Defendant No— 1’s claims— The appellant argued that the appellate court's findings were perverse, particularly regarding the classification of the canal road as a public road, and criticized the acceptance of a government notification concerning land acquisition— However, the court found that the trial court properly considered evidence showing that the suit land, abutting the Plaintiffs' property, was recorded in the name of the Irrigation Department— The notification's authenticity was not challenged, leading to its acceptance as a public do...

Penal Code, 1860 (IPC) - Section 143, Section 148, Section 149, Section 302, Section 324—Addressed the burden of proof concerning the right of private defense— It clarified that while the prosecution must establish the accused's guilt beyond a reasonable doubt, the defense only needs to raise reasonable doubt regarding this guilt— Citing Woolmington vs— DPP, the court emphasized that the prosecution bears the burden of proof, and the defense is not required to prove its innocence— The court further discussed the implications of Sections 100 and 103 of the IPC regarding private defense of body and property, noting that the appellants failed to demonstrate any imminent threat that justified their actions— The court ruled that the lack of explanation for the injuries sustained by the accused did not un...

Penal Code, 1860 (IPC) - Section 302—Murder where the appellant was accused of fatally assaulting the deceased with a spade— The prosecution presented two eyewitnesses (P.W.1 and P.W.2) whose testimonies were corroborated by medical evidence from P.W.9, a doctor who performed the post-mortem examination, confirming that the injuries were consistent with being inflicted by a sharp weapon like a spade— The court found that the appellant followed the deceased and attacked him without provocation, negating claims of culpable homicide not amounting to murder— Despite minor discrepancies in witness statements regarding the specifics of the injuries, the court determined these did not undermine the overall reliability of the testimonies— The appeal was dismissed, and the lower court's conviction and sentencing w...

Penal Code, 1860 (IPC) - Section 148, Section 149, Section 302, Section 307—Appellants challenge their conviction under sections 148, 302, and 307/149 of the Indian Penal Code (IPC) by the Sessions Judge— The incident occurred on May 3, 1996, involving a fatal assault on Hrudananda Pradhan and injuries to his father, Tirtha Pradhan, after a prior altercation over laborers— The prosecution relied on eyewitness testimony and medical evidence, while the defense claimed false allegations due to political rivalry— The court upheld the conviction of Basanta Kumar Sahu for murder under section 302 IPC, citing his direct involvement in the fatal assault— However, it acquitted Suresh Barik and Damana Sahu due to insufficient evidence linking them to the murder, converting their charges to section 325/34 IPC for grievo...

Criminal Procedure Code, 1973 (CrPC) - Section 164—Conviction under sections 376(2)(i) of the IPC and section 6 of the POCSO Act for the alleged rape of a minor victim— The trial court found the victim credible, supported by consistent testimonies from her mother and other witnesses— Despite the doctor’s findings of inflammation that could indicate infection, the court upheld the victim's account of penetration— The appellant's claims of contradictions in the victim’s statements were deemed minor and insufficient to discredit her evidence— The trial court's assessment of the victim's age as under twelve years at the time of the offense was also upheld— The appellant's sentence was affirmed, though the fine was reduced from Rs. 25,000 to Rs. 5,000. The court recommended en...

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Penal Code, 1860 (IPC) - Section 376—Trial court's judgment, which sentenced him to seven years of rigorous imprisonment and a fine— The prosecution's case revealed that the victim (P.W.1) was assaulted by the appellant while attending to nature's call, an act witnessed by her brother (P.W.2). Despite the absence of corroborating testimony from independent witnesses, the court affirmed that the victim's credible and consistent account, supported by medical evidence of injuries and sexual assault, warranted conviction— The defense's claim of false implication due to prior enmity was rejected— The court noted that the appellant had served his sentence and recommended compensation for the victim under the Odisha Victim Compensation Scheme— The appeal was dismissed, and the case records were o...

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Constitution of India, 1950 - Article 226, Article 227—Propose revised pricing, increasing costs significantly, which the petitioners contested— The BDA cited inflation and contractor non-participation as reasons for abandoning house construction in favor of offering plots at higher rates— The petitioners argued that this was arbitrary and discriminatory, given that others had received housing— The learned Single Judge upheld the BDA's decisions, stating that the pricing changes were justifiable and that no concluded contract existed— The appeal was dismissed, but the court allowed the petitioners to seek a refund of their deposits, emphasizing the availability of legal remedies for any grievances with the BDA's decisions— The judgment confirmed the BDA's discretion in pricing and project ma...

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Criminal Procedure Code, 1973 (CrPC) - Section 428—Occused assaulted the deceased with a lathi and a stone, resulting in death. P.W. 1, the sole eyewitness, initially delayed reporting the incident due to threats from the accused. The Trial Court found the evidence credible, particularly the medical testimony indicating death by head injury. The appellant's defense highlighted inconsistencies in witness accounts and the possibility of accidental death, arguing that P.W. 1's non-intervention during the assault was suspicious. However, the Court upheld the Trial Court's findings, asserting that P.W. 1's testimony, corroborated by other evidence, was reliable. The Court dismissed the appeal, affirming the conviction and sentence, and emphasized the adequacy of the evidence in establishing the accused's guilt in the ...

Penal Code, 1860 (IPC) - Section 307, Section 323, Section 427, Section 451—Additional Sessions Judge, Nayagarh, convicting him under various IPC sections— The prosecution's case involved the appellant's abusive and violent behavior towards his estranged wife (P.W.1) on February 28, 2011— Allegations included assault, attempted murder, and an attempt to set fire to their home— The Trial Court found the appellant guilty under sections 451, 323, 307, 427, and 436/511 IPC— The appeal primarily contested the conviction under section 307 IPC, arguing that the evidence was insufficient for a murder attempt— The court found that while P.W.1's testimony was credible, the evidence did not support the severity required for a murder charge— Consequently, the conviction under section 307 and for a...

Penal Code, 1860 (IPC) - Section 302, Section 506—Conviction for murder, arguing inconsistencies in the testimonies of eyewitnesses PWs 1, 3, and 8, who identified him as the assailant— The court emphasized that while none of the witnesses saw the actual assault, they corroborated each other's accounts of the deceased's cries for help and the appellant fleeing the scene with a weapon— The medical evidence supported the eyewitness accounts, revealing multiple fatal injuries consistent with a sharp weapon— The court found the eyewitness testimonies credible despite minor inconsistencies, asserting that direct evidence diminishes the necessity of proving motive— Ultimately, the trial court's conviction was upheld, with the appellant directed to surrender after an interim bail period— The ruling...

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Evidence Act, 1872 - Section 27—Inconsistencies between witness testimonies undermine the prosecution's case— The defense contends that key eyewitnesses provided unreliable accounts and that discrepancies regarding the weapon used, described as "Tabil" in the F.I.R. and "Tangi" (axe) in testimony, raise doubts— The appellate court reviewed established legal principles regarding the appreciation of evidence, emphasizing that minor discrepancies do not invalidate testimony if the overall narrative is credible— The court found the widow's testimony trustworthy and corroborated by forensic evidence, including bloodstains matching the deceased's blood group and the recovery of weapons used in the crime— Ultimately, the appellate court upheld the trial court's findings, affirming...

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Indian Penal Code, 1860—Section 498-A—Appeal—Against order passed by Senior Civil Judge—Legality of—It is not the case of appellant that she had made any effort to join company of respondent or tried to see children or tried to obtain custody of children—Held, that there was no admission of guilty by appellant—She never looked after respondent properly or rendered service to his parents or that she used to quarrel with them on petty issues—Order of Court below insofar as it dissolved marriage between parties does not warrant any interference by High Court—Aspect of permanent alimony has not been dealt with by Court below—Financial position of respondent and his responsibilities regarding his parents and children—High Court was of the opinion that interests of justice woul...

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Transfer of Property Act, 1882 - Section 53-A—Plaintiffs' right to partition and possession of land based on a registered sale deed— The Plaintiffs claimed ownership of 0.06 acres of land after purchasing it from Defendant No. 3, while the Defendants contended possession through adverse possession and an unregistered agreement— The Trial Court and First Appellate Court ruled against the Defendants, finding no locus to contest the registered sale deed— The Appellants argued that the Courts failed to adjudicate on the adverse possession claim and misapplied Section 53-A of the Transfer of Property Act— The High Court reviewed the proceedings and found no substantial questions of law warranting intervention, as the Defendants had not established a legal basis for their claims— Consequently, the appeal ...

Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 - Section 11, Section 12, Section 13, Section 13(1), Section 13(4), Section 22(1), Section 22(2), Section 3(1), Section 36, Section 5(1), Section 9(1)—Petitioner argued that the R.O.R. was published before the issuance of a cancellation notification, thereby making a revision under Section 36 maintainable— However, the State contended that the R.O.R. had not been published in the relevant village, asserting that it was deemed published only after a notification under Section 5(1)— The court clarified that the Consolidation Commissioner incorrectly stated the publication status, but ultimately ruled that after the notification under Section 5(1), the consolidation process is nullified, and any challenge to the R.O.R. must occur through a su...

Civil Procedure Code, 1908 (CPC) - Order 23 Rule 1, Order 39 Rule 1, Order 39 Rule 2, Order 6 Rule 4, Section 100, Section 11—Plaintiffs— The Trial Court settled seven issues, ultimately dismissing the Plaintiff's suit for permanent and mandatory injunction— The First Appellate Court, however, reversed the Trial Court's findings, ruling in favor of the Plaintiff based on evidence of usage as a road and a registered sale-deed— The Defendants claimed the sale-deed was sham but failed to substantiate this with specific allegations— The appellate court found that the Plaintiff demonstrated rightful use and title over the land, correcting the Trial Court's misapprehension— The Defendants' appeal, asserting substantial questions of law based on alleged improper evidence appreciation, was dismi...

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Penal Code, 1860 (IPC) - Section 201, Section 302—Murder, the court found significant violations of the appellant's right to legal representation as mandated by Articles 39-A and 21 of the Constitution— The appellant was denied adequate legal assistance, with a State Defence Counsel (SDC) appointed on short notice, who was unprepared for the complex trial— Despite the gravity of the accusations related to witchcraft, the court acknowledged that the appellant's right to a fair trial was compromised— The appeal was remanded to the Sessions Judge, Mayurbhanj, for a de novo trial, with specific directives to ensure proper representation, timely proceedings, and to include competent counsel in future appointments— The court emphasized the importance of meaningful legal assistance and expeditious trial proc...

Civil Procedure, 1908 (CPC) - Order 6 Rule 4, Section 100, Section 96—Validity of a registered sale deed dated 25.06.1969 (Ext.A) contested by the plaintiff— The plaintiff claimed that the defendant falsely asserted ownership of the suit property, alleging fraud and misrepresentation— The court noted that the certified copy of the sale deed was admitted without objection in the trial court, thus precluding challenges to its admissibility in the appeal— Legal principles regarding secondary evidence under the Evidence Act were discussed, emphasizing that the plaintiff failed to establish non-execution of the deed— The defendant provided evidence from an attesting witness supporting the deed's legitimacy, while the plaintiff did not counter this effectively— Ultimately, the court restored the trial cou...

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Civil Procedure, 1908 (CPC) - Order 44 Rule 1, Section 10, Section 96—Plaintiff for recovery of a loan amount paid on behalf of Ananta and Hadibandhu— The Appellants contended that the sale deeds executed by Ananta and Hadibandhu were sham transactions, arguing the trial court should have stayed proceedings pending T.S. No. 176 of 1980, which sought to declare those sales void— The Court found that the suit was not barred by limitation, as the Plaintiff repaid the loan shortly before filing— It ruled that the Appellants failed to substantiate claims of fraud regarding the sale deeds and that evidence showed the loan was sanctioned to Ananta and Hadibandhu, not the Plaintiff— The Appellants’ request to stay the suit lacked proper application under Section 10 of the C.P.C. Ultimately, the Court upheld the...

Civil Procedure, 1908 (CPC) - Section 100, Section 96—Against an alleged unlawful alienation— The appellant challenged the applicability of Section 73(2) of the Endowments Act, arguing it was unconstitutional under Article 14— The respondent contended that the suit was maintainable under Section 73(2), asserting that the properties were Debottar and had been unlawfully alienated without necessary sanctions— The court found that the remedy under Section 25 of the Endowments Act was the appropriate course for recovery of the properties, emphasizing that the withdrawal of a previous petition did not bar subsequent actions— The court ruled that since the suit was initiated by the religious institution, Section 69(1) regarding notice to the Endowments Commissioner was inapplicable— Consequently, the appellat...

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Penal Code, 1860 (IPC) - Section 302, Section 307, Section 457—Prosecution relied on eyewitness accounts from P.W.1 and P.W.2, the deceased's daughters, who testified to witnessing the stabbing— Despite inherent contradictions regarding the number of blows, the court found their testimony credible, supported by medical evidence indicating fatal injuries— The defense argued the prosecution's case was weakened by inconsistencies, including the entry of the accused into the house and the lack of immediate neighbors’ statements— However, the court ruled that the eyewitnesses' injuries bolstered their credibility, as their presence at the scene was guaranteed— The appellant's claim that the case fell under Section 304 Part II was dismissed due to the severity of the injuries— Ultimately...

Criminal Procedure Code, 1973 (CrPC) - Section 394(2)—Claimed that Saheba Naik was in possession of the disputed land and was attacked while harvesting crops, resulting in injuries to him and another appellant, Sudarsan @ Aiban Naik— The trial court found discrepancies in witness testimonies regarding the assault, with some witnesses attributing the attack to all accused while others identified only specific individuals— The prosecution failed to explain Saheba Naik's injuries, which were consistent with an assault— The appellate court determined that the discrepancies and the lack of explanation for the injuries undermined the prosecution’s case, leading to a reasonable doubt regarding Saheba Naik’s guilt— Consequently, the court acquitted him of all charges, setting aside the trial court'...

Civil Procedure Code, 1908 (CPC) - Section 100—Appellate court confirming a preliminary decree for partition in favor of the Plaintiffs, who were the descendants of the original Plaintiff— The original suit was filed by Sisti Suryamani and her daughters, claiming rights over property originally owned by Sisti Neelakanta— The Defendants contended that a registered relinquishment deed (Ext—3) executed by Sisti Suryamani in favor of Defendant No.2 extinguished the Plaintiffs' rights and should have been declared void before partition could be granted— However, the court found that Ext.3 did not constitute a genuine relinquishment, but rather an acknowledgment of the Defendant’s existing rights— It concluded that the Defendants failed to establish their claim to the property— The appeal was ...

Civil Procedure, 1908 (CPC) - Section 100—Appellate Court, which upheld the dismissal of the Plaintiff's suit for permanent injunction regarding land ownership— The Plaintiff claimed ownership based on a lack of knowledge about a sale deed purportedly executed in favor of Defendant No— 1, asserting that the deed was void due to absence of required permissions under the OLR Act— However, the Defendant contended he was a bona fide purchaser and had been in possession of the land, supported by a registered sale deed— The courts found the Plaintiff failed to prove possession and authenticity of his Scheduled Tribe status— The registered sale deed's validity was not sufficiently challenged, as the Plaintiff did not contest his signature or the document’s execution— Ultimately, the courts ...

Civil Procedure Code, 1908 (CPC) - Section 100—Appeal under Section 100 of the CPC, challenging the judgment and decree of the lower Appellate Court which confirmed the Trial Court's decision dismissing their suit for title by adverse possession— The Plaintiffs claimed ownership of cultivable land recorded as State property, asserting they had been in continuous possession since 1940— The Trial Court found insufficient evidence of adverse possession, and the lower Appellate Court ruled that such claims cannot initiate a suit, citing precedent— The Appellants contended that recent Supreme Court rulings permit such suits and argued that the lower courts misapplied evidence and law— However, the Court held that the Plaintiffs' possession was not hostile but rather acknowledged the State's title, lack...

Constitution of India, 1950 - Article 226, Article 227—Challenged a blacklisting order issued by the Chief Engineer on 12th December 2017, following a show cause notice (SCN) for alleged contract violations leading to injuries and loss of life— The Petitioner contended that the action was pre-determined, lacking proper acknowledgment of their detailed reply to the SCN— The impugned order did not address the Petitioner’s defenses and failed to reference the SCN or underlying committee reports— The Court highlighted that blacklisting, which carries serious civil consequences, requires adherence to principles of natural justice and a clear rationale— Citing relevant precedents, the Court noted that blacklisting should not be permanent, and any debarment must be proportionate to the offense— Ultimatel...

Civil Procedure Code, 1908 (CPC) - Section 100—Appeal under Section 100 of the Code of Civil Procedure challenging the judgment and decree dated 16.07.2019 and 30.07.2019 passed by the District Judge in favor of the plaintiff in a title suit. The plaintiff claimed ownership of the suit land based on a sale from Jadumani Mishra to his father, Ram Chandra Mishra, asserting that the defendants had no legitimate claim. The trial court upheld the plaintiff's rights, citing the Consolidation Record of Rights favoring the plaintiff. The appellate court affirmed this ruling, noting the lack of evidence from the defendants to challenge the record. The appellant's argument that the courts erred by granting a permanent injunction without addressing the title was rejected, as the record established the plaintiff’s possession. The ...

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Factories Act, 1948 - Section 2(K)—Contractor— The claimants produced evidence, including witness testimonies and documents, to establish the deceased's employment and the circumstances of his death— The Commissioner for Workmen's Compensation ruled in favor of the claimants, awarding Rs.6,17,850 without interest— The appellants contested this, arguing no employer-employee relationship existed and that the deceased’s work did not constitute a "manufacturing process" under the Factories Act— The Court found the deceased was indeed a worker under the Employees Compensation Act, citing case law that includes food preparation as a manufacturing process— The appeal was dismissed, affirming the Commissioner’s decision, and ordering the release of the deposited compensation amount...

Workmens Compensation Act, 1923 - Section 30—Ambedkar Boys Hostel— The claimants asserted that Patra died due to burns sustained while working, seeking Rs— 8,00,000 as compensation— The employer denied any employment relationship, claiming the hostel was operated by contractors and that Patra was not their employee— The Commissioner ruled in favor of the claimants, awarding Rs. 6,17,850 without interest— The appellants contended there was no employer-employee relationship and that the deceased's work did not constitute a "manufacturing process" under the Factories Act— However, the Court found sufficient evidence of employment and established that cooking qualifies as a manufacturing process— The appeal was dismissed, affirming the Commissioner's decision, and ordered the r...

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Criminal Procedure Code, 1973 (CrPC) - Section 311—Regarding witness examination after trial termination— The trial concluded on September 29, 1999, with the matter subsequently posted for judgment on October 5, 1999. It was determined that once the trial phase is over, the court lacks the authority to invoke Section 311, as the opportunity for further witness examination is limited— This aligns with precedents, including State of Haryana v— Ram Meher and Rajaram Prasad Yadav v— State of Bihar, emphasizing that the concept of a fair trial does not permit endless recall of witnesses— The court held that the application for witness recall, filed after evidence closure, was improper, citing delays attributable to the petitioner— Thus, the order by the Additional Sessions Judge was upheld, and the Cri...

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Workmens Compensation Act, 1923 - Section 2(1)(n), Section 30—Rabindranath Brahma, who sustained an injury while working on electrical installations for a community center under NALCO's directive— The claimant initially claimed to be employed directly by NALCO but later admitted to working as a contractor through M/s— Rabindra Electricals, receiving payments exclusively in the firm's name— The court noted that there was no formal employer-employee relationship between the claimant and NALCO, as the claimant lacked a job card for the work during which he was injured and raised no bills for the specific task— Consequently, the court found that the claimant did not meet the definition of "workman" under the Workmen's Compensation Act, 1923, which excludes contractors— The court set as...

Constitution of India, 1950 - Article 14, Article 21, Article 226, Article 32—Constitution— Misleading affidavits or suppression of material facts undermine judicial processes and may result in the dismissal of petitions, as established in landmark cases such as Kensington Income Tax Commrs— and others— The Supreme Court reiterated that parties must disclose all relevant facts candidly, as failure to do so can lead to serious consequences, including quashing of orders obtained through misrepresentation— In this case, despite recognizing the Director of Secondary Education's jurisdiction, the court found the impugned order unsustainable due to established misrepresentation and lack of factual disclosure, leading to its quashing— The court underscored the importance of maintaining integrity in judicia...

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Penal Code, 1860 (IPC) - Section 302—Murders of Karmi and Pana Tudu on 29.07.2007. The Sessions Judge, Keonjhar, sentenced him to life imprisonment on 24.01.2009. The prosecution's case, based on circumstantial evidence, establishes that the appellant entered the victims' home armed with a knife, resulting in Karmi’s death at the scene and Pana’s death shortly thereafter. While the sole eyewitness (P.W.3) did not support the prosecution, other circumstantial evidence—including the appellant’s blood-stained clothing, the murder weapon, and forensic findings—pointed convincingly to his guilt. The court affirmed that circumstantial evidence can suffice to prove a case when direct evidence is lacking. The appellant’s arguments for acquittal were found unpersuasive. Consequently, the appeal is ...

Penal Code, 1860 (IPC) - Section 302—Appeal, Bunda Munda challenges his conviction under Section 302 of the Indian Penal Code for the murder of his brother, Gahma Munda, sentenced to life imprisonment and a fine of ₹10,000 by the Adhoc Addl. Sessions Judge, Bonai. The prosecution's case, supported by the sole eyewitness Mahajan Munda (P.W.2) and corroborated by medical evidence (P.W.8) and police testimony (P.W.7), established that the deceased suffered fatal injuries from a sharp weapon, the Dauli. The court found P.W.2’s account credible and consistent, rejecting defense claims of unreliability. While upholding the conviction, the court set aside the fine given the appellant’s 17 years of custody. The judgment suggests the State consider the appellant’s eligibility for premature release. The appeal is dismi...

Penal Code, 1860 (IPC) - Section 323, Section 379, Section 425, Section 427, Section 441, Section 447—Appeal, Laxminarayan Panigrahi challenged the acquittal of respondents Kishoremohan Mohapatra, Manoj Kumar Mohapatra, and Saroj Kumar Mohapatra by the learned J.M.F.C., Balasore, regarding charges under Sections 447, 427, 379, and 323 of the IPC— The appellant alleged that the respondents unlawfully entered his land, cut a fence, and assaulted him— The trial court acquitted the respondents, finding insufficient evidence of trespass, mischief, theft, or assault— The appellant’s delay in filing the complaint—19 days post-incident—was deemed unexplained and suspicious— The appellate court emphasized the presumption of innocence and the necessity for compelling reasons to overturn an acquittal&m...

Penal Code, 1860 (IPC) - Section 304, Section 307—Convicted under Section 307 of the IPC for assaulting P—W—1 with a lathi, causing head injuries— P—W—1's testimony was corroborated by multiple witnesses and medical evidence showed that her injuries were simple in nature, with no fractures or grievous harm— The court noted that while the intention behind the act is crucial for Section 307, the nature of the injuries suggested a lesser charge— Citing precedents, the court reclassified the conviction to Section 324 of the IPC, which pertains to voluntarily causing hurt by dangerous weapons— Given the time elapsed since the incident and the appellant's young age at the time, the court reduced the sentence to the period already served— The appeal was partially allowed, acknow...

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Penal Code, 1860 (IPC) - Section 279, Section 337, Section 338—Compensation in W.C. Case No. 15 of 1993, initiated by claimant-respondent No. 1 following a workplace accident resulting in the amputation of both legs. The claimant asserted a loss of earning capacity and was awarded ₹97,598 in compensation, with liability placed on the New India Assurance Company Ltd. The insurer contested the ruling, claiming lack of admissible evidence, improper assessment of loss, and failure to produce a valid route permit. The Commissioner, however, affirmed the claimant’s employment and the validity of the insurance policy, finding no rebuttal evidence from the insurer. The Court upheld the Commissioner’s decision, citing adequate consideration of the parties' pleadings and evidence, concluding there was no basis for interferen...

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Criminal Procedure Code, 1973 (CrPC) - Section 313—Murder of his wife— The prosecution relied on circumstantial evidence, asserting that the appellant and the deceased were alone in their home the night before her death, and that the appellant later confessed to the crime— However, the court found that the prosecution failed to conclusively establish the presence of both individuals together that night, and critical evidence regarding blood group testing was lacking— While a confession was made, the court noted discrepancies in witness accounts and highlighted that the witnesses were related to the deceased, raising concerns about their reliability— The court emphasized the principles governing extra-judicial confessions, which require corroboration and scrutiny for credibility— Ultimately, the court fo...

Criminal Procedure Code, 1973 (CrPC) - Section 200, Section 202, Section 203, Section 204, Section 300, Section 378(4), Section 401(2)—Alleged offences under sections 143, 382, 451, 504, and 395 of the Indian Penal Code. The complaint stemmed from an incident on June 5, 1984, where the appellant claimed that respondents forcibly entered his house, removed valuables worth ₹50,595, and threatened his family members. The learned S.D.J.M. dismissed the complaint, citing insufficient grounds for proceeding, highlighting discrepancies in witness testimonies and the lack of timely action by the appellant after the incident. The court found no prima facie case against the accused, emphasizing the necessity for proper sanction for prosecution against government servants involved. The appeal was deemed unmeritorious, with the court affirmin...

Evidence Act, 1872 - Section 134—Appellant contests his conviction under Section 302 of the Indian Penal Code for the murder of his wife, following a violent confrontation on 15.06.2005, during which he shot her with an arrow and subsequently struck her with a tangia. The prosecution presented seven witnesses, including the sole eyewitness, P.W.5, who testified to witnessing the attack. The trial court based its conviction on the medical evidence, including the post-mortem report, which confirmed homicidal death, and forensic analysis indicating bloodstains matching the deceased's blood type on the weapons. The appellant's defense claimed that the eyewitness was unreliable and that the weapons belonged to the deceased. However, the court found the eyewitness credible, as no contradictions were evident in his testimony. The a...

Criminal Procedure Code, 1973 (CrPC) - Section 313—Additional Sessions Judge sentenced him to life imprisonment, citing an assault with a tangia— The prosecution's case relied on six witnesses, but key evidence, including the postmortem report, was not presented— Several witnesses turned hostile, and the only purported confession was indirect and ambiguous, recorded during the appellant's examination under Section 313 of the Code of Criminal Procedure— The Court found no concrete evidence of a homicidal death or direct support for the prosecution's claims— As such, the conviction was deemed illegal due to lack of evidence— The appeal was allowed, the conviction and sentence were set aside, and the appellant was ordered to be released unless detained for other reasons— The lower court&#...

Orissa Municipal Act, 1950 - Section 376, Section 378—Madhusudan Market, the court examined allegations of forgery and misconduct against two appellants, Sridhar Swain (appellant no.1) and Maheswar Behera (appellant no.2). Witnesses testified to discrepancies in tender documents, notably an unauthorized price increase for MAXphalt from ₹2,021 to ₹2,621 per metric ton. While appellant no.1, as Municipal Engineer, failed to verify these discrepancies, the court found no conclusive evidence linking him to the forgery or that he acted with fraudulent intent. Appellant no.2, having submitted the lowest bid, did not have access to any forged documents post-tender submission, and the benefits received were later adjusted in subsequent bills. Consequently, the court determined that there was insufficient evidence to uphold charges of ab...

Negotiable Instruments Act, 1881—Section 138—Appeal—Delay Condonation—Inordinate Delay of 450 Days—The appellant/complainant challenged the acquittal of the accused under Section 138 of the N.I. Act. However, there was a delay of 450 days in filing the appeal—The appellant sought condonation of the delay, citing a communication gap with previous counsel, illness due to viral fever, and the need to obtain additional documents—The court rejected the appellant’s explanations, noting the absence of any medical certificate to substantiate the illness claim and that only the certified copy of the judgment was required to file the appeal—As the appellant failed to satisfactorily explain the delay, the court dismissed the application for condonation of delay and consequently the appeal. ...

Consumer Protection Act, 1986 —Section 23 —Appeal—Breach of condition of Policy—Fidelity Guarantee—appeal centered on the breach of a condition of a Fidelity Guarantee Insurance Policy. The respondent—complainant, in this instance, operates as a Collateral Management Company, specializing in storing commodities pledged by farmers, traders, and manufacturers to secure loans from lending banks and other institutions. In the event of any loss of these pledged commodities, the respondent-complainant is obligated to compensate the lending bank—The respondent, the Collateral Management Company, had taken out a Fidelity Guarantee Insurance Policy from the appellant, the opposite party, to cover the commodities stored in warehouses and godowns at multiple locations. It is undisputed that the fidelity guar...

Hindu Marriage Act, 1955 - Section 24—Petitioner-wife following a decree declaring her marriage null and void under Section 12(1)(c). The marriage, conducted on 11.03.2011, faced issues soon after, leading to separation and legal proceedings initiated by both parties— The petitioner seeks Rs. 10,000 per month for maintenance, citing her lack of income, while the husband claims he is unemployed and contests her entitlement to maintenance due to the marriage's nullity— The court, referencing prior judgments, concluded that a wife can claim interim maintenance even in nullity proceedings, emphasizing that the purpose of Section 24 is to prevent poverty during litigation— After considering both parties' claims, the court determined that the husband, despite claiming unemployment, has the ability to provide fina...

Civil Procedure Code, 1908 (CPC) - Section 92—Appellate court ruled that the suit did not require leave under Section 92 of the Code of Civil Procedure, asserting it was related to school management rather than trust management— The appellants argued that the plaint should be rejected under Section 92 and raised substantial legal questions regarding the suit’s nature and whether the plaint's entirety should be considered— The plaintiffs contended that the suit was valid, aimed at protecting the trust's interests from intruders, and not a public interest suit— The court examined the plaint and determined that the suit was fundamentally about the management of the school, not a public right, and thus did not fall under Section 92— Consequently, the appeal was dismissed, affirming the lower appella...

Maintenance and Welfare of Parents and Senior Citizens Act, 2007—Right to Reside—Protection of Senior Citizens—Alleged Assault and Harassment—Jurisdiction of Assistant Commissioner—Writ Petition—Appeal—The petitioner, son of the senior citizens, challenged the Assistant Commissioner’s order directing him to vacate the house where the senior citizens were residing, under Section 24 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, on grounds of alleged harassment and assault—The property stood in the name of petitioner’s younger brother, who constructed the house for their parents—The petitioner’s claim of joint family income and right to reside was subject to a pending partition suit—The Assistant Commissioner, after enquiry, found that th...

Penal Code, 1860 (IPC)—Section 363, Section 366—This appeal involves a case where the appellant accused the respondent of kidnapping and other offenses—Appellant alleged that the respondent forcibly took her to his house, where he assaulted her—Question was whether the charge under Section 366 of the Indian Penal Code (IPC) was applicable—Court found that the charge under Section 366 was not maintainable as the intent to abduct for the specified purposes was not established—Trial was directed to conclude within six months—Appeal was dismissed. ...

Juvenile Justice (Care and Protection of Children) Rules, 2007—Rule 12—Penal Code, 1860 (IPC)—Section 302—The appellant was convicted under Section 302/34 IPC but claimed to be a juvenile at the time of the offense.—He presented a school certificate verifying his date of birth as July 1, 1984.—The Family Register initially recorded his birth as February 3, 1978, but this was later altered to July 1, 1984.—Relying on Rule 12 of the Juvenile Justice (Care and Protection of Children) Rules, 2007, the court accepted the school certificate as conclusive proof of his age, declaring him a juvenile at the time of the incident.—The appellant's conviction was upheld, but he was ordered to be released immediately due to prolonged custody exceeding the statutory limit for juveniles. ...

Penal Code, 1860 (IPC)—Section 201, Section 34—This case involves an appeal against a murder conviction in which the accused, Ajay, was charged with murder, and another accused, the respondent, was charged with destroying evidence by cutting the victim's body into pieces.—The trial court convicted the respondent.—However, the High Court acquitted both accused.—The State of Maharashtra appealed to the Supreme Court.—The Court noted that the case relied heavily on the testimony of a sole eyewitness, PW7, who had several inconsistencies in her statement and did not report the crime for a significant period.—Given these concerns, the Supreme Court upheld the High Court's decision to acquit the accused. ...

Motor Vehicles Act, 1988—Section 173—The appellant sought condonation of delay without specifying the period of delay and filed a vague and carelessly drafted application—The supporting affidavit merely cited routine procedural delays without detailing or justifying the time lapse adequately—The Court, relying on the principles laid down in Esha Bhattacharjee v. Managing Committee of Raghunathpur Nafar Academy (2013) 12 SCC 649, reiterated that applications for condonation of delay must be precise, bona fide, and drafted with due diligence—It emphasized that although courts adopt a liberal approach to condone delay in the interest of substantial justice, such leniency is not warranted where there is gross negligence, lack of bona fides, or a casual attitude—Citing the Supreme Court’s jurisprudence...

Appellants sought permission to construct on their property, despite a court order restricting construction due to waste disposal issues—Court allowed construction but imposed conditions: the appellants cannot remove waste or debris from the property and must comply with garbage disposal rules—Municipal Corporation of Greater Mumbai accepted these conditions—Appellants can proceed with construction according to the sanctioned plan, keeping the property open for inspection, but risk forfeiture if they violate the waste removal restrictions—Civil appeals were disposed of accordingly ...

Penal Code, 1860 (IPC)—Section 323—Constitution of India—Article 136—Appeal—Scope and ambit—Supreme Court cannot routinely reevaluate the entire body of evidence in a criminal appeal, especially when the conviction is based on concurrent findings by two lower courts—Instead, the Supreme Court can consider reevaluating the evidence only if it concludes that the findings of the lower courts are wholly arbitrary, unreasonable, or perverse to the extent that no reasonable judicial mind could have arrived at such conclusions—In such cases, the Supreme Court may choose to reexamine the evidence. ...

Civil Procedure Code, 1908—Order 39, Rule 3A—United Khasi-Jaintia Hills Autonomous District (Administration of Justice) Rules, 1953—Rule 28—Ex parte ad-interim injunction—Appeal—Maintainability—The case involves an appeal against an ex-parte ad-interim injunction granted by the Subordinate District Council Court—The appellant argued that Rule 28 of The United Khasi-Jaintia Hills Autonomous District (Administration of Justice) Rules, 1953 allows for an appeal as a matter of right—The court held that the appeal was maintainable under these rules and set aside the High Court's judgment, restoring the District Council Court's decision from 9th March, 2010.   ...

Civil Procedure Code Amendment Act, 1976—Order 23 Rule 3, Order 23 Rule 3A, Order 43 Rule 1, Order 43 Rule 1A, Section 104, Section 96(3)—Appeal against a consent decree is generally not allowed under Section 96(3) of the Civil Procedure Code (CPC). However, if a decree results from a compromise based on an inquiry, it is not strictly a consent decree. Decrees passed without any dispute or contest in the first-instance court, essentially on consent, are not appealable. This distinction clarifies that a decree based on a compromise involving an inquiry may be subject to appeal, while true consent decrees are not. ...

Civil Procedure Code, 1908 (CPC)—Section 151—Applications and appeals is a fundamental objective of relevant enactments, closely linked to economic sustainability. Tribunals must act promptly, preventing litigants from using delaying tactics. Adjournments should be exceptional, not routine, and tribunals must operate within statutory parameters. They should prioritize addressing the core issues arising from special legislations. Under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 34 ousts the jurisdiction of civil courts. Tribunals are empowered to handle specific matters as outlined in the Act, without assuming the role of a different court. Their role is limited to deciding cases within their jurisdiction. ...

Right to Information Act, 2005—Section 11, Section 18, Section 18(1), Section 18(3),—Central Information Commission (Appeal Procedure) Rules, 2005—Rule 5—Constitution of India, 1950—Article 19, Article 19(1),—Appears to be a legal document discussing appeals filed by the Chief Information Commissioner, Manipur, and Mr. Wahangbam Joykumar. The appeals challenge a judgment related to the Right to Information Act. The document outlines the background of the case, the legal arguments, and the court's findings. It emphasizes the purpose of the Right to Information Act in promoting transparency and accountability. The court concludes that the Commissioner's powers under Section 18 of the Act do not include the authority to provide access to information and directs the appellants to file appeals ...

Civil Procedure Code, 1908 (CPC)—Section 15—Constitution of India, 1950—Article 136, Article 225—Appellant and respondent entered a contract for canal repair work, incorporating an arbitration clause—Disputes arose, leading to delays in arbitration proceedings—The named arbitrator retired, and a successor faced challenges—The appellant invoked Sections 14 and 15 of the Arbitration and Conciliation Act, 1996, seeking a change in the arbitrator—Despite objections, an award was passed—The appellant appealed under Section 37 of the Act, contesting jurisdiction—The High Court held it lacked original jurisdiction, rendering the appeal unsustainable—The appellant argued that the principal civil court should hear the appeal, challenging the definition of "court" in Sectio...

Supreme Court Rules, 1966—Order 21 Rule 8—Addressing delays in processing Special Leave Petitions (SLPs) filed by incarcerated individuals, emphasized the need for expeditious consideration of such cases—Referring to Rule 8 of Order XXI of the Supreme Court Rules, the Court noted that when prisoners submit petitions along with certified copies of judgments, immediate attention is required—The Court directed that SLPs received through jail authorities be promptly placed before the Court for initial listing without unnecessary delay—It highlighted that calling for case records should be done judiciously and only when necessary, avoiding a mechanical approach—The Registry was instructed to adhere to this directive for future cases, ensuring a more efficient and rights-sensitive process for prisoners. &n...

Companies Act, 1956—Section 207—Unit Trust of India Act, 1963—Section 3—Approximately 1600 unit holders claimed non-receipt of cheques worth around Rs. 3 Crores 35 lakhs, leading to FIRs and ongoing investigations—Consumer forums held the appellant negligent, considering post offices as its agents and ordered payments to unit holders—The central question was whether the loss should be borne by the unit holders or the appellant, contingent on the post office's agency role—Citing legal precedents, the court emphasized that in the absence of a contract or request from payees, posting alone does not constitute payment, and the post office continues to act as the drawer's agent—The court found no evidence of any contract or request for posting and dismissed the appeals, affirming the foru...

Constitution of India, 1950—Article 252, Article 32—Supreme Court addressed critical questions concerning organ transplantation—The petitioner, undergoing treatment for renal disorder, sought approval for kidney transplantation from a relative—The dispute arose over which state's Authorization Committee had the competence to issue the necessary certificate—The Court clarified that the donor and recipient's state of residence determined the applicable committee, emphasizing the need to prevent commercial organ dealings—It directed the petitioners to provide financial and vocational details and urged legislative amendments for disclosure requirements—The existing committee was instructed to promptly review the application, and the judgment emphasized the importance of all states adopting rel...

Penal Code, 1860 (IPC)—Section 302, Section 34—Criminal Procedure Code, 1973 (CrPC)—Section 207—Suppression of facts—Sought relief before the Supreme Court—The prosecution alleged that the appellants, due to a monetary dispute, set fire to Lalit Kumar, resulting in his death—The case relied on Hanumandas' (PW 2) testimony and Lalit Kumar's dying declaration—Notably, the prosecution failed to produce Hanumandas' written report, a vital document—The Court observed glaring discrepancies, contradictions, and suppression of evidence—Doubts arose concerning the credibility of the eyewitness account and the dying declaration—Medical records and inconsistencies further weakened the prosecution's case—Concluding that the appellants deserved the benefit of doubt...

Penal Code, 1860 (IPC)—Section 186, Section 353,—Criminal Procedure Code, 1973 (CrPC)—Section 321, Section 482—Locus standi—Appellant filed FIR No. 26 dated 10.2.1998, accusing the respondents of criminal acts during a stock inspection—While the investigation was ongoing, the accused filed petitions under Section 482 of the Code of Criminal Procedure in the High Court—The State, in both cases, stated its decision to withdraw the complaints—The High Court quashed the FIRs and directed authorities not to prosecute the accused—During the case, the accused lodged complaints against the appellant, leading to a government decision to withdraw the prosecution—The appellant opposed, but the High Court's order preempted the Section 321 application—The Supreme Court held that the...

Consumer Protection Act, 1986—Section 13(1), Section 27—Appeal—Haryana Seeds Development Corporation Ltd. challenges a consumer complaint alleging poor quality wheat seeds—Sadhu Singh purchased seeds from a cooperative society and the Corporation, claiming low germination—The District Forum held the Corporation liable based on agriculture officers' reports—The State and National Consumer Disputes Redressal Commissions affirmed this decision—The Corporation argued the seeds were for commercial use, questioning the consumer forum's jurisdiction—They emphasized an Expert Committee report suggesting varied crop conditions resulted from factors beyond seed quality—The Supreme Court found the lower forums erred in not considering the report properly—The Committee concluded the ...

Civil Procedure Code, 1908 (CPC)—Order 41 Rule 27, Section 107(1),—Production of additional evidence—Bombay Rents, Hotel and Lodging Houses Rates Control Act, 1947—The trial court decreed eviction based on the landlord's bona fide requirement—During the tenant's appeal, an application under Order 41 Rule 27 sought to introduce additional evidence, including correspondence with a company, a modified construction plan, and a public brochure, crucial to challenging the landlord's genuine need—The first appellate court allowed it, emphasizing the relevance of the documents—However, the High Court, in its revisional jurisdiction, set aside this order, stating the tenant failed to prove due diligence—The Supreme Court disagreed, emphasizing the materiality of the documents and their im...

Charitable Endowments Act, 1890—Section 3, Section 4—High Court's refusal to interfere with the finding of fact regarding whether a society is established purely for religious purposes is justified—The determination of whether a society is established solely for religious purposes or for additional non-religious purposes is a question of fact—The issue was thoroughly examined based on evidence presented before the relevant authorities under the Act, allowing the appellant ample opportunity to address the adverse allegations—After a comprehensive inquiry, the administrative authority concluded that the appellant fell within the jurisdiction of the concerned Act—Given the factual nature of this determination and the due process followed, the High Court was justified in not intervening—Therefore,...

Penal Code, 1860 (IPC)—Section 147, Section 148, Section 149, Section 302—Madhya Pradesh challenges a Division Bench of the Madhya Pradesh High Court's acquittal order for respondents accused of assaulting a police constable, resulting in his death—The High Court cited the prosecution's failure to prove guilt beyond reasonable doubt, emphasizing discrepancies between medical and ocular evidence, non-examination of certain witnesses, and alleged manipulation of records—The prosecution's version detailed a conspiracy leading to the constable's fatal injuries during an altercation—The High Court's analysis is criticized for undue focus on trivialities and misapprehension of legal principles—The Supreme Court finds the acquittal untenable, reinstating the trial court's conviction&mda...

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Motor Vehicles Act, 1988—Section 140—Civil Procedure Code (CPC) and a Letters Patent Appeal, both provisions must be read harmoniously to preserve the right of appeal not otherwise provided for—Section 104(1) of the CPC expressly saves a Letters Patent Appeal, allowing an appeal from orders listed therein or those expressly provided by the Code or any law in force—The legislative intent, as evidenced by Section 4 of the CPC, supports the preservation of Letters Patent Appeals—The conflict arises when Section 104(2) is read in isolation, but a holistic reading clarifies that it applies only to appeals not saved by Section 104(1)—Specific exclusions, as seen in Section 100A, demonstrate legislative clarity, and at the relevant time, neither Section 100A nor Section 104(2) barred a Letters Patent Appeal&md...

Hindu Minority and Guardianship Act, 1956—Section 8—Appeal, granted special leave, challenges the High Court of Judicature at Madras' judgment in a Second Appeal—The High Court, reversing the first appellate court's decision, dismissed the suit brought by the plaintiff-appellant—The appellant, being the son of Respondent 4 and Respondent 5, finds the minor as an eo nomine party to a sale deed or related documents for alienation—The court emphasizes that for a minor to claim possession, it is imperative to sue for the cancellation of the documents rather than merely applying for possession—The legal requirement necessitates setting aside the alienation before making property claims, and a suit lacking such a prayer would be ineffective—The court concurs with this legal perspective, and, as ...

Criminal Procedure Code, 1973 (CrPC)—Section 401, Section 462, Section 465—Appeal concerns the interpretation of Section 19 of the Prevention of Corruption Act, 1988—The State of Karnataka challenges the High Court's judgment upholding the Trial Court's order of discharging the accused—The discharge was based on the alleged insufficiency of the sanction for prosecution granted by the Superintending Engineer of the Karnataka Electricity Board—The trial court directed the prosecution to obtain fresh sanction and file a new charge sheet—The High Court, upholding the trial court's decision, did not provide detailed reasons.Section 19(3) and (4) of the Act specify that no court shall reverse or alter a finding, sentence, or order on the ground of a sanction's absence or any error, omission, o...

Penal Code, 1860 (IPC)—Section 302, Section 313—Respondent-accused was convicted by the Trial Court for an offense under Section 302 IPC, relating to the fatal shooting of the deceased—The High Court overturned the conviction, citing various reasons—The key contentions included the alleged discrepancy in the firing range test during the local inspection, the status of the ballistic expert who signed the report, the non-examination of recovered pellets, and an injury on the deceased—The Supreme Court critically assessed these points and found the High Court's reasoning to be fallacious and perverse—The Court emphasized that the firing range issue was not material, the junior scientific officer's report was admissible, failure to send pellets for examination wasn't fatal, and the injury in que...

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Criminal Procedure Code, 1973 (CrPC)—Section 378—The Supreme Court's approach to the reversal of acquittals in criminal cases—It emphasizes that the Supreme Court tends to be cautious in overturning acquittals, especially when the High Court has taken a reasonable view of the prosecution's evidence—However, if there is a perverse appreciation of evidence leading to a serious miscarriage of justice, the Supreme Court may reverse the acquittal.In the specific corruption case at hand, the passage argues that minor flaws in the prosecution's evidence were given undue importance, while compelling and flawless evidence establishing the guilt of the accused was unjustly ignored—The passage contends that this resulted in a clearly erroneous acquittal—Consequently, the Supreme Court exercises its pow...

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Contempt of Courts Act, 1971—Section 12—Appellant was convicted under Section 12 of the Contempt of Courts Act, 1971, and the High Court sentenced him to three months' detention in a civil prison—The appeal focused on the question of the sentence, specifically the appellant's plea that instead of imprisonment, a fine should have been imposed—The appellant argued that civil imprisonment should be reserved for exceptional cases, and in this instance, the imposition of a fine would suffice.The High Court, considering the false stand taken by the appellant regarding construction in violation of a court order, held that a fine would not meet the ends of justice, emphasizing the need to uphold the rule of law—The Supreme Court affirmed the High Court's decision, noting that the false representation by t...

Central Excises and Salt Act, 1944—Section 11A—Customs, Excise, and Gold (Control) Appellate Tribunal overturned the Commissioner of Central Excise's order, asserting that the respondent-assessee was entitled to Modvat credit, negating any intention to evade duty payment—The Tribunal reasoned that the availability of Modvat credit precluded allegations of suppression and invoked a larger period of limitation under section 11A—The judgment emphasizes that entitlement to Modvat benefits negates the notion of intentional suppression—It clarifies that despite Modvat credit availability, there may be instances where the extended limitation period under section 11A proviso is applicable—The ruling underscores that Modvat credit alone is not determinative, allowing the Department to assert extended limitat...

Arbitration Act, 1940—Section 14, Section 30, Section 33, Section 39, Section 39(1)—Civil Procedure Code, 1908 (CPC)—Order 41 Rule 22, Order 41 Rule 22(1), Section 47—Appeal itself is held not competent or not maintainable—It emphasized that the right of appeal is a creation of statute, and cross objections partake of the right to appeal—Section 39 of the Arbitration Act, 1940, confers the right to file an appeal against specific orders—The court pointed out that appeals filed under Section 39 are governed by the provisions of the Code of Civil Procedure, including the right to take cross objections under Order 41, Rule 22—The right to file cross objections is considered the exercise of the substantive right of appeal, and the grounds of challenge remain the same for both appeals and cross o...

Civil Procedure Code, 1908 (CPC)—Order 41, Rule 23—Appeal—Subsequent events—Landlord seeks eviction of the tenant from a residential building for his own occupation, relying on Section 13(3)(a) of the East Punjab Urban Rent Restriction Act, 1949—The landlord, a retired member of the Indian Revenue Service, initiated proceedings, claiming a genuine need to live in his own house in Moga, where the suit premises are located—The tenant contested, and after several years of litigation, the High Court reversed the lower courts' decisions based on subsequent events, such as the landlord's acquisition of Canadian citizenship and negotiations for the sale of the property—The Supreme Court, in its judgment, emphasizes that the desire of the landlord to reside in his own house, considering his age an...

Advocates Act, 1961—Section 38—Appeal—Bar Council of Andhra Pradesh, the State Bar Council, has appealed against the Disciplinary Committee of the Bar Council of India's order setting aside the State Council's decision to remove Kurapati Satyanarayana from the roll for grave professional misconduct—Satyanarayana, the delinquent advocate, received Rs. 14,600 on behalf of a client but failed to pay it, leading to disciplinary proceedings—The Disciplinary Committee of the State Bar Council found him guilty, but the Bar Council of India's committee considered it negligence without moral turpitude—The Supreme Court, however, deems Satyanarayana's actions as grave professional misconduct, emphasizing the breach of trust—Rejecting the leniency of the Bar Council of India, the Court orders Satyanarayana's removal from the roll and a...

Civil Procedure Code, 1908 (CPC)—Section 96—Appeal—Appellant faced complaints to his and his wife's employers by the first respondent, who challenged a judgment and decree in a divorce suit between the appellant and his first wife—The High Court, in a revision application, directed the first respondent to file an appeal, deeming him aggrieved—However, the Supreme Court held that the first respondent lacked locus standi, as his claims were unfounded, revealing an absence of cause of action—The court emphasized that privacy rights of the appellant and his first wife cannot be intruded upon by a third party—The impugned orders were set aside, and the appellant was awarded costs—The decision clarifies that only those directly affected can challenge a judgment. ...

Criminal Procedure Code, 1973 (CrPC)—Section 433—Commutation of sentence—Appeal—Acquittal—Two appellants were initially acquitted by the Sessions Judge for various charges, including murder, under the Indian Penal Code—The High Court, on the State's appeal, upheld the acquittal for three co-accused but reversed it for the appellants, sentencing them to life imprisonment—The prosecution's case involved a land dispute, an altercation, and a subsequent attack resulting in the death of Om Pal—The defense argued that the High Court erred in reversing the acquittal based on mere possibility and that the trial court's conclusions were reasonable—Additionally, the age and health of appellant No. 1 (Dila), who was over 80 years old, were highlighted—The Supreme Court examined ...

Criminal Procedure Code, 1973 (CrPC)—Section 378—Appeal—Acquittal - Trial court in the murder case of Nadia Venkat Reddi—The State appealed to the High Court, seeking leave to file an appeal, but it was denied mainly due to the absence of evidence regarding the alleged use of chilly powder—The Supreme Court observed that discrepancies highlighted by the trial court did not outweigh the consistent evidence of witnesses implicating the accused—The Court expressed dissatisfaction with the High Court's refusal to grant leave, emphasizing that the critical aspects were not appropriately addressed—The Supreme Court set aside the High Court's order, reinstating the appeal and remitting the matter for fresh consideration—The Court clarified that it had not expressed any view on the meri...

Penal Code, 1860 (IPC)—Section 147, Section 148,—Appeal—Legal document or court judgment discussing a case involving multiple accused persons charged with offenses under the Indian Penal Code, particularly Section 302 (murder) and Section 149 (unlawful assembly)—The case involves the death of two victims, and the prosecution argues that the accused were involved in a joint attack leading to the victims' demise—The court discusses the evidence, including medical reports detailing injuries, and concludes that the charges under Section 302 read with Section 149 are justified—The text also mentions the death of certain accused persons during the legal proceedings, leading to the abatement of their appeals—Ultimately, the court dismisses the appeals, upholding the convictions and sentences. ...

Civil Procedure Code, 1908 (CPC)—Order 22, Rule 2—Appellants challenged the order of the High Court dismissing their appeal due to the non-substitution of legal representatives—The dispute arose from a partition suit involving descendants of Bhukhalal Singh—The appellants contended that the legal representatives of appellants 1(d) and 1(e) were not substituted due to a delay, and the High Court, citing contradictory facts, dismissed the substitution application—The Supreme Court held that, considering the interest of justice and the long litigation history, the High Court should have condoned any delay in the substitution application—The Court allowed the appeal, set aside any abatement, and directed the appellants to pay costs to the respondents. ...

Criminal Procedure Code, 1973 (CrPC)—Section 378—Appeal—Acquittal—Trial court's acquittal and convicting the appellants under Section 302 read with Section 34 IPC, sentencing them to life imprisonment—The prosecution alleged that the appellants attacked the deceased over a property dispute, causing his death—The trial court, noting infirmities, acquitted the appellants—The High Court, disagreeing with the trial court's reasons, convicted the appellants—The defense argued that the High Court erred in disturbing the acquittal, misapplied Section 34 IPC, and overlooked contradictions in witness testimonies—The Supreme Court found the High Court's interference unjustified, highlighting flaws in motive, identification, and the prosecution's failure to establish common intent...

Penal Code, 1860 (IPC)—Section 302, - Criminal Procedure Code, 1973 (CrPC)—Section 378—Appeal—Acquittal—An appeal against the conviction of the appellants under Section 304 Part-II of the Indian Penal Code, involving the death of Vidya Rani—The prosecution claimed that the appellants, associated with a dera, brutally treated Vidya Rani for possession by evil spirits, resulting in her death—The trial court acquitted the appellants, citing unreliable evidence from the sole eyewitness, PW-2 Ram Charan, and other inconsistencies—The High Court reversed the acquittal, finding fault with the trial court's reasoning—The Supreme Court, however, set aside the High Court's judgment, reinstating the trial court's acquittal—The decision emphasizes the importance of respectin...

Penal Code, 1860 (IPC)—Section 302, Section 34—Appellant and his brother were convicted, with the brother subsequently passing away during the pendency of the appeal—The High Court, comprising a Division Bench with differing opinions, heard the appellant's appeal—A third learned Judge expressed an opinion upholding the appellant's conviction under Section 302 IPC—However, upon review, it was noted that the third Judge's opinion lacked an independent consideration of crucial eyewitness testimonies—Consequently, the Supreme Court set aside the High Court's judgment, remanding the case for a fresh hearing by a third Judge—The Court refrained from expressing a view on the merits, urging an expeditious resolution, considering the appellant's prolonged custody—The appeal was di...

Civil Procedure Code, 1908 (CPC)—Section 13, Section 98, Section 98(1),—Supreme Court under Section 98 of the Civil Procedure Code, 1908 (CPC)—The judgment in question involved issues of facts crucial to the resolution of the dispute, and the refusal of special leave to the Supreme Court is justified on the grounds that it would contravene the legislative intent under Section 98.—Furthermore, the discussion extends to Section 98(2) of the CPC, addressing the matter of granting leave to appeal—The refusal of leave to appeal is supported by the existence of a difference of opinion between judges of the Division Bench on issues of fact—The text argues that seeking leave to appeal against judgments that hinge on issues of fact determinative of the dispute would go against the legislative intent embedded in ...

Constitution of India, 1950—Article 136, Article 226—Appeal by Special Leave challenges the High Court of Judicature at Allahabad's decision in CMWP No—9871 of 1990—The appellant, U.P—State Agro Industrial Corporation Limited, rented premises from the respondents under a 1972 agreement—After an eviction application was filed, the parties reached a compromise in 1977, permitting the appellant to stay for ten years—The appellant continued in possession after the period ended, leading to an execution application by the respondents—The appellant objected, claiming the Act did not apply to a public corporation—The Prescribed Authority dismissed the objection, and the High Court, citing the appellant's conduct, declined relief under Article 226—The Supreme Court upheld the High...

Land Acquisition Act, 1894—Section 54—Appeal revolves around the maintainability of a Letters Patent Appeal against a judgment passed under Section 54 of the Land Acquisition Act, 1894—The appellant claims ownership of land acquired by the state, and after various legal proceedings, the matter reaches the Supreme Court.The court considers whether a Letters Patent Appeal is permissible under Section 54 of the Act—While the appellant argues against it, relying on a previous decision (Baljit Singh's case), the court disagrees—The court distinguishes the cited case, stating that it was based on a concession and an unrelated statute (Delhi Rent Control Act)—It cites Basant Kumar's case, asserting that a Letters Patent Appeal is maintainable unless expressly excluded by the statute.The court concludes...

Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS)—Section 42(1)—Appeal pertains to the conviction and sentence under the Narcotic Drugs and Psychotropic Substances Act, 1985—The trial resulted in the respondent's ten-year imprisonment and a fine—The High Court overturned the conviction, emphasizing non-compliance with Section 42(1) of the Act—The State challenges this decision.The appeal focuses on the Section 42(1) violation—The High Court highlighted the absence of recorded reasons for belief, deeming it non-compliance—The State argues misinterpretation, asserting that Section 42(1) only requires the recording of information, not reasons—Citing State of Punjab v—Balbir Singh, the court agrees, finding no infraction.Consequently, the appeal succeeds—The impugned or...

Civil Procedure Code, 1908 (CPC)—Order 21 Rule 11—Plaintiff appealed against a Kerala High Court order, contending that the execution petition (E.P—No—6/99) filed by defendant No—1 was barred by limitation—The case arose from a partition suit where a compromise decree was passed in 1979, specifying conditions for property distribution between the plaintiff and defendant No—1—The plaintiff argued that the E.P—filed in 1999 was time-barred, citing a previous High Court judgment from 1985—The Supreme Court disagreed with the High Court's interpretation, stating that the E.P—became executable upon default by either party, and even considering the 1985 judgment as the starting point for limitation, the E.P—was barred—The Court set aside the High Court's order...

Constitution of India, 1950—Article 136—Divorce case, Justice Banerjee, after considering submissions and case records, upheld the High Court's conclusion that, post the decree of restitution of conjugal rights, no wrongdoing by the respondent disentitled them from seeking divorce under Section 13(1A)(ii) of the Act—Given the specific facts, the judge deemed it inappropriate to interfere with the High Court's findings under Article 136 of the Constitution—The appeal was dismissed, and all interim orders were vacated—The judgment clarified that the dismissal wouldn't prejudice the appellant's rights, including maintenance and property rights, as per the law. ...

Criminal Procedure Code, 1973 (CrPC)—Section 161, Section 378—Penal Code, 1860 (IPC)—Section 114, Section 154, Section 162, Section 302, Section 417, Section 504—Prosecution asserted that on March 27, 1989, the appellant, armed with a Dharia, assaulted the deceased Abdul Karim Ali Mohamed at a tea stall, causing fatal injuries—The trial court cited various reasons for acquittal, including issues with the First Information Report and doubts about the weapon's identity—The High Court, however, found these concerns to be insignificant and upheld the conviction—Emphasizing the recovery of the murder weapon stained with the victim's blood, the High Court concluded that the trial court's reliance on minor discrepancies was unwarranted—The appeal, challenging the High Court's jurisd...

Motor Vehicles Act, 1988—Section 149(2), Section 170, Section 173,—Awarded compensation for a fatal accident—The insurance company, dissatisfied with the award and assuming it couldn't file an appeal under Section 173 of the Motor Vehicles Act, 1988, filed a revision petition under Article 227 before the High Court—The Supreme Court clarified that the insurance company could indeed file an appeal under Section 173 when the insured fails to challenge the award—The Court emphasized the insurer's accountability for public funds and the need to address unjust awards—The decision distinguished earlier cases and directed the High Court to treat the revision petition as an appeal, allowing the insurer to amend the petition accordingly—The Court also permitted the insurer to seek a stay of executi...

Civil Procedure Code, 1908 (CPC)—Order 6 Rule 17—Plaintiff, the landlord, filed a suit for eviction against the defendant, the tenant, due to rent arrears and termination of tenancy—The defendant contested the suit, claiming a subsequent event—proceedings initiated by Haryana Urban Development Authority (HUDA) for resumption of the premises against the plaintiff—The Supreme Court ruled that the subsequent event cannot be considered as it was not properly brought to the court's notice—It emphasized that the rights of the parties are determined as of the date of the suit's institution, and subsequent events must be presented promptly, following procedural rules—The Court dismissed the appeal, affirming the relief granted to the plaintiff—The defendant was given three months to vacate t...

Penal Code, 1860 (IPC)—Section 100, Section 101, Section 102,—Finding of fact—Additional Court of Sessions in Karnal found all accused guilty, sentencing them to life imprisonment—The High Court of Punjab & Haryana acquitted one accused and confirmed the convictions of the remaining—The Supreme Court, upon appeal, acquitted five accused, finding their presence at the scene doubtful—The court observed inconsistencies in the evidence, noting that only two interested witnesses testified to the first incident—The court also examined the right of private defense, concluding that the assailants, armed with guns and deadly weapons, lacked the right to use lethal force—The convictions of four appellants were upheld, while five were acquitted, balancing justice based on evidence and legal princip...

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Civil Procedure Code, 1908 (CPC)—Section—103, 100, 100(5) -—Appeal challenges a decree for eviction based on Section 13(1)(f) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950—The Court finds the High Court's interference with the finding of fact regarding the landlord-tenant relationship unsatisfactory under Section 100 CPC—The appellants argue that the applicability of Section 13(1)(f) was not raised during the second appeal's admission or hearing, supported by the High Court's judgment—The Court sets aside the High Court's judgment, deeming it necessary to restore the second appeal for fresh disposal—It directs the formulation of a substantial question of law related to the case's merits—The appeal is allowed for further proceedings in accordance with ...

Case concerning encroachment on public property, a writ petition was filed, leading to a directive by a learned Single Judge of the High Court for the removal of encroachments after notifying the alleged encroachers—The appellants, dissatisfied with the refusal of leave to appeal, sought a hearing before dispossession—The court ruled that alleged encroachers should be notified and given a summary hearing by the competent authority—If the authority determines the individuals as encroachers, removal action can be taken—This ensures a fair process before dispossession in matters involving encroachments on public property—The appeal was disposed of with this directive. ...

General Clauses Act, 1897—Section 6—Legal Continuity in Corruption Charges: The Supreme Court clarified that a charge framed under the Prevention of Corruption Act, 1947, for an offence committed during its operation, remains valid despite the repeal of the Act in 1988—The court held that Section 30(2) of the Prevention of Corruption Act, 1988, preserves actions taken under the 1947 Act, and no substitution of provisions occurs—The application of Section 13 of the 1988 Act to the case, which alters punishment and introduces a presumption, would violate Section 6 of the General Clauses Act, protecting previous operations and legal proceedings—The judgment emphasizes legal continuity, ensuring charges framed under the repealed Act are not rendered illegal—Additionally, the court stressed the duty of the H...

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Penal Code, 1860 (IPC)—Section 147, Section 148, Section 149, Section 323, Section 324, Section 395, Section 427—Supreme Court grants leave and allows the appeal against the High Court's order, which quashed charges framed by the Additional Sessions Judge against the respondents under various sections of the Indian Penal Code—The High Court, finding procedural irregularities, had set aside the order taking cognizance under Section 395 IPC and remanded the case to the Magistrate—The Supreme Court holds that the respondents, having not pressed their earlier revision petition, could not invoke Section 482 of the Code again for the same relief—Additionally, the Court finds the High Court's reference to Section 203(2) of the Code inappropriate, emphasizing that Chapter XV, not Chapter XIV, applies in this ...

Civil Procedure Code, 1908 (CPC)—Section 100—Child custody dispute, the father obtained an interim order allowing him to meet his daughter every Sunday—Subsequently, the proceedings concluded favorably for the father with a final order on custody—When he sought implementation of the earlier interim order, the court found it unable to pass the order since the custody matter had been conclusively determined—The father then appealed, invoking Section 100 of the Civil Procedure Code, 1908 (CPC), contending for the revival of the interim order—However, the court, relying on Section 100, clarified that interim orders, no longer subsisting upon the disposal of the appeal on the main issue, cannot be resurrected subsequently—The ruling underscores the principle that interim orders lose effect after the fi...

Penal Code, 1860 (IPC)—Section 324, Section 325, Section 326, Section 34—Supreme Court allowed the appeal and set aside the judgment of the High Court in a case involving respondents convicted for offenses under Sections 326, 325, and 324 read with Section 34 of the Indian Penal Code—The respondents sought the benefit of remission based on notifications issued by the Punjab Government between 13.7.1988 and 29.7.1998—The Court rejected the argument that the word 'bail' in the notifications entitled persons on bail to claim remission—Relying on precedents, the Court emphasized that the period on bail cannot be considered while applying remission granted by the government—The Court observed that such an interpretation would reduce the criminal justice system to mockery—The judgment directed t...

Criminal Procedure Code, 1973 (CrPC)—Section 386 —High Court, in an appeal, upheld a conviction order based on cogent reasons, and its appreciation of evidence was neither perverse nor unreasonable—The appeal contended that the High Court's findings should be interfered with—However, the Supreme Court, after careful consideration, concluded that the High Court's decision was well-founded, as supported by reasoned analysis—The Court emphasized that interference with the High Court's order was not warranted when the findings were based on sound legal principles and factual considerations—Consequently, the Supreme Court affirmed the High Court's order, reinforcing the principle that unless there is a manifest error or substantial miscarriage of justice, the findings of the High Court i...

Civil Procedure Code, 1908 (CPC)—Section 80—Legal case involves a dispute over the ownership and status of two temples, Madurai Veerasami and 18 Padi Karupannasami Temple, in Madurai—The appellants claim these temples as private, hereditary properties of their family, while the second respondent, Meenakshi Sundereswarar Temple, asserts that they are public temples or sub-temples under its jurisdiction—The legal battle includes proceedings under the Tamil Nadu Hindu Religious and Charitable Endowments Act—The trial court initially ruled in favor of the appellants, declaring the temples private—However, the High Court, both in a single-judge decision and a subsequent Division Bench decision, concluded that the temples are public institutions based on the historical and documentary evidence—The appea...

Penal Code, 1860 (IPC)—Section 140, Section 148, Section 302, Section 307, Section 34—Case, an appeal was filed challenging the order of a learned single Judge of the High Court, which suspended the sentence and released certain convicted persons on bail—The Appellant and another individual were attacked, resulting in injuries to both and the death of one—The convicted persons were found guilty of various sections of the Indian Penal Code—The impugned orders cited the reliance on a single witness as the primary ground for suspending the sentence—However, the Supreme Court, while setting aside the orders, deemed this reasoning insufficient—The Court emphasized the need for stronger reasons to suspend the sentence, citing precedent—The decision did not preclude the convicted persons from seeki...

Industrial Disputes Act, 1947—Section—25N—Appeal challenges a High Court order regarding the regularization of workmen—The Supreme Court, while granting regularization benefits, did not alter the rights of unabsorbed workmen under the Industrial Disputes Act—The judgment did not change the status of unabsorbed workmen to retrenched employees, nor did it direct their retrenchment—The Court deems it just to instruct the appellants to continue paying the last-drawn salary to the relevant employees until the High Court decides the writ petition—The High Court's order is set aside, and the appeal is disposed of accordingly. ...

Civil Procedure Code, 1908 (CPC)—Section 100, Section 101, Section 103—Appeal arises from the judgment of the High Court of Madhya Pradesh, Jabalpur Bench at Gwalior, which decreed the suit of the landlord against the tenant—The tenant, represented by legal heirs, had been accused of defaulting on rent payments and unauthorized occupation of a portion of the accommodation—The trial court granted benefit to the tenant under Section 13(5) of the Madhya Pradesh Accommodation Control Act for rent default but passed a decree for eviction on the unauthorized occupation—The first appellate court, in error, dismissed the landlord's claim on both grounds—The High Court correctly found the tenant's failure to deposit rent during the appeal and non-compliance with the decree related to unauthorized occupat...

All India Institute of Medical Sciences Act, 1956—Section 13, Section 23, Section 24—Appeal involves the interpretation of Section 3(d) of the Dentists Act, 1948, concerning the representation of a University on the Dental Council—The appellant, AIIMS, argued that it does not qualify as a University under the section—The High Court applied the doctrine of reading down, considering AIIMS as a deemed University to ensure representation—However, the Supreme Court rejected this interpretation, emphasizing the specific language of "University established by law" in Section 3(d)—AIIMS, being an institution empowered to confer degrees under the AIIMS Act, does not meet the criteria—The Court clarified that AIIMS is covered under Section 3(c) for dental colleges, and any change must be legislate...

Civil Procedure Code, 1908 (CPC)—Order 41, Rule 27—Refusal to allow the production of additional evidence in appeal was justified when the plaintiff, acting as a witness, was not confronted with a relevant document during his deposition, and the copy of the application produced lacked certification—Under the Sale of Goods Act, 1930, specifically Sections 19 and 58, the transfer of motor vehicles' property is determined by the intention of the parties to the contract and not the date of the order for the transfer of registration under the Motor Vehicles Act, 1939—Section 31 of the Motor Vehicles Act merely outlines the procedure for reporting the transfer of ownership to the Registering Authority, which is a subsequent act post-transfer—Therefore, the transfer of the vehicles falls under Section 19 of the ...

Civil Procedure Code, 1908 (CPC)—Sections 96 and 97—Case involves the permissibility of seeking relief under Section 12(3) of the Specific Relief Act at the appellate stage through an amendment to the plaint—The court emphasized that an appeal is a continuation of the suit, and the appellate court has the authority to address any issues related to the rights of the parties, which the trial court was entitled to decide—Referring to precedent cases, the court held that relief based on specific sections of the Specific Relief Act can be granted at any stage of the litigation—In this instance, the defendant raised an issue regarding his lack of title to a particular plot of land only at the appellate stage—In response, the plaintiff sought an amendment to the plaint, relinquishing certain claims and asserti...

Penal Code, 1860 (IPC)—Section 148, Section 149, Section 302, Section 307, Section 34—Appeal involves an incident where Om Prakash was fatally attacked by five individuals—The trial court convicted all five accused, sentencing them to life imprisonment and other terms—On appeal, the High Court acquitted two individuals, modified the charges against others, and affirmed the sentences—This specific appeal pertains to Moti Lal—The Supreme Court found no evidence linking Moti Lal to Om Prakash's murder but acknowledged his role in injuring another person, Munna—Consequently, the Court upheld Moti Lal's conviction under Section 307 (attempt to murder) but reduced the sentence to the time already served—The appeal was disposed of accordingly, directing Moti Lal's release unless held fo...

Constitution of India, 1950—Article—226—Lnsurance Policy Renewal—Court Decries Arbitrary Action: The appellant sought the renewal of his mediclaim policy, but the insurance company refused, citing the appellant's past litigation history in pursuing a claim—The High Court directed the appellant to obtain a fresh policy, asserting that renewal could not be granted retrospectively—The Supreme Court disagreed, emphasizing that an insured has the right to seek legal recourse when a claim is unjustly denied—Labeling such actions as a 'bad record' for denying policy renewal is deemed arbitrary—The Court found the insurance company's refusal to renew the policy arbitrary and ordered renewal from the due date—The directive by the High Court for a new policy was set aside, and th...

Land Acquisition Act, 1894—Section—28-A —Compensation in Land Acquisition—Limitation on Seeking Higher Rate: The Land Acquisition Collector awarded compensation to the claimants at Rs 3 per square yard on 16-7-1985—Some claimants accepted the award but later sought a higher rate of compensation under Section 28-A of the Land Acquisition Act, citing a higher rate granted by the High Court in other cases—The Supreme Court held that since the appellants did not initially seek a reference to the District Judge for compensation enhancement, they are not entitled to file an application under Section 28-A—The Court dismissed the appeal, emphasizing the importance of adhering to the prescribed procedures and timelines in seeking compensation adjustments in land acquisition cases. ...

Arbitration Act, 1940—Section 30, Section 33—In the absence of evidence demonstrating that the Umpire exceeded his jurisdiction or deviated from the terms of the agreement, the High Court erred in setting aside the award as 'otherwise invalid.' The Court should not have entertained objections and overturned the award, given the contextual facts—The High Court's order is erroneous, as it misread and misapplied settled law on the matter—The Court held that the High Court, in this case, was in manifest error in entertaining the appeal and setting aside the award—Therefore, the order passed by the High Court cannot be sustained. ...

Criminal Procedure Code, 1973 (CrPC)—Section 437(1)(i), Section 439(1)—In a criminal case involving multiple charges, including Sections 302, 120B, and 34 of the Indian Penal Code, the accused, a Member of Parliament, sought bail—The High Court granted bail based on the respondent's previous detention and certain observations—However, the Supreme Court, upon special leave, set aside the High Court's order, noting that it failed to consider the legal angle provided under Section 437(1)(i) of the Criminal Procedure Code—The Court emphasized that the High Court did not address whether there were reasonable grounds for believing the respondent was not guilty of an offense punishable with death or life imprisonment, a crucial consideration for granting bail—The Court refrained from expressing an opin...

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Advocates Act, 1961—Section—35(3), 36-B, 35(3)(b)—Appeal challenges a Disciplinary Committee, Bar Council of India order finding the appellant guilty of professional misconduct and suspending his license to practice for two years under Section 35(3) of the Advocates Act, 1961—The complaint, initially before the Bar Council of Maharashtra, was transferred to the Disciplinary Committee due to delays.The complaint lacked a crucial averment: it did not allege that the appellant continued to practice law while employed at M/s Vulcan Leval Ltd—The absence of such an assertion prompted the court to partially allow the appeal—The decision emphasizes the importance of precise averments in disciplinary proceedings and holds that charges lacking essential details cannot sustain severe professional penalties—...

Appeal by the Notified Area Council against the Orissa High Court's judgment, it was revealed that the Chairman and executive officer had exceeded their authority in the selection process, leading to financial irregularities—The report highlighted serious misconduct, implicating the ex-Chairman and certain Councillors, and identified irregular recruitment of respondent employees without proper selection procedures or sanctioned posts—The Court, recognizing the absence of a valid selection process and sanctioned positions, rejected misplaced sympathy towards the irregularly recruited employees—Consequently, the Court allowed the appeals, directing the quashing of the selection and emphasizing the need to rectify financial irregularities—This decision underscores the importance of adhering to proper procedures in...

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Criminal Procedure Code, 1973 (CrPC)—Section 386—Incidental or consequential orders under Clause (e) of Section 386 are those that are permissible under the law and naturally follow as a result of the main order—They complement the main orders, making them complete and effective—Examples include directions for the refund of fines from acquitted individuals or, upon the reversal of acquittal, directions on punishment, fine, or compensation under Section 250 of the Code—However, the power under Clause (e) does not extend to orders affecting the service career of the convict, which is governed by separate laws and rules—Probation of Offenders Act, 1958—Sections 3, 12—Probation—Trivial Offence under Section 10 of CRPF Act—Probation Benefit—The Act allows for probation benefits ...

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Criminal Procedure Code, 1973 (CrPC)—Section 482—State filed an appeal against a Madras High Court order quashing a criminal prosecution against the respondent, Shri H.B.R—Shetty, who was the Assistant General Manager of Vijaya Bank—The prosecution alleged that Shetty recommended and forwarded a loan sanction, leading to the Competent Authority sanctioning prosecution under various sections—Shetty claimed an invalid sanction, asserting the authority didn't consider relevant materials—The High Court accepted this argument—However, the Supreme Court found the High Court's conclusion premature based on existing materials, stating the accused might establish their claim during the trial—The Court set aside the High Court order, directing the trial to proceed, emphasizing that the crimina...

Civil Procedure Code, 1908 (CPC)—Section 97—High Court, sitting as a Court of first appeal, has a duty to deal comprehensively with all the issues and evidence presented by the parties before recording its findings—The first appeal is a valuable right of the parties, and the Court must ensure that it addresses both questions of law and facts—In a case where the High Court's order was cryptic and ignored relevant aspects, failing to discharge its obligations as a first appellate Court, the judgment was set aside—The matter was remanded back for fresh disposal according to law—The Court emphasized that the parties have a right to be heard on all issues, and the judgment in the first appeal must thoroughly examine and decide both legal and factual aspects, providing reasons in support of the findings. ...

Civil Procedure Code, 1908 (CPC)—Order 21 Rule 4, Order 21 Rule 5, Order 21 Rule 89, Order 21 Rule 90, Order 21 Rule 92, Section 115—Conditions under Order 34, Rule 5—Applicability during Appeal—The legal provision under Order 34, Rule 5 of the Civil Procedure Code, requiring the judgment debtor to deposit the decretal amount in court before the confirmation of sale, remains applicable even during the pendency of an appeal against the confirmation order—The mere allowance of the judgment debtor to make the deposit and file an appeal does not alter the mandatory conditions specified in Order 34, Rule 5—The dismissal of the appeal against the confirmation order does not retroactively relate the application under Order 34, Rule 5 back to a point before confirmation, as the conditions precedent for setting ...

Criminal Procedure Code, 1973 (CrPC)—Section 176—Confession and Corroboration in Criminal Cases – Supreme Court Affirms Voluntariness and Reliability: In a recent judgment, the Supreme Court emphasized that a confessional statement must be evaluated as a whole to determine its incriminatory nature—The Court upheld the voluntariness of a confession, noting the absence of evidence supporting the claim of physical torture—The accused's plea, linked to the death of a co-arrestee in police custody, lacked substantiation—The Court, citing Evidence Act, 1872, highlighted that absence of corroboration does not undermine the confession's validity—Additionally, it reiterated that when trial and high courts concur on evidence reliability, the Supreme Court refrains from interference—The case in...

Criminal Procedure Code, 1973 (CrPC)—Section 374—High Court's Duty in Disposal of Appeals: The High Court, when acting as a court of first appeal, bears the responsibility of not only appreciating the evidence on record but also addressing the arguments raised before it—In the context of a citizen sentenced to life imprisonment, the High Court must ensure that the appeal is considered thoroughly and in its proper perspective—A citizen has the right to be heard in the first appeal, and the Court of appeal must apply its mind to decide the case justly—A dismissal of the appeal by the High Court merely stating 'we broadly agree with the findings of the trial Court and find no substance in the appeals' is deemed an improper procedure—This emphasizes the importance of the High Court actively enga...

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Criminal Procedure Code, 1973 (CrPC)—Section 164—Case involves the brutal murder of a 10-year-old girl, Saida Sadia, in a graveyard, leading to the arrest and trial of the accused, Shaik Mazhar alias Saleem—After being found guilty of offenses under Sections 302 and 376 read with Section 511 of the IPC, Saleem was sentenced to life imprisonment and ten years of rigorous imprisonment—However, a Division Bench of the High Court of Andhra Pradesh overturned the conviction in a brief judgment, prompting the State to file an appeal.The prosecution relied on circumstantial evidence, including an extra-judicial confession made by Saleem to a relative (PW-1) on the night of the incident—The trial court meticulously examined the evidence, finding it sufficient for conviction—However, the High Court's brief j...

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Involving the Industrial Disputes Act, 1947, specifically Section 11-A, the plaintiff, employed as a cashier in Gramin Bank since 11/1/1983, faced suspension due to identified irregularities and illegalities in his conduct A disciplinary proceeding was initiated against him—The court found considerable negligence on the plaintiff's part in performing his cashier duties—The High Court, however, erred in law by interfering with the punishment's quantum based on the principle of disproportionality under Section 11-A In the exercise of second appellate jurisdiction, the High Court improperly reevaluated the evidence, arriving at a different conclusion from the enquiry officer—This deviation from the established findings rendered the High Court's judgment flawed Consequently, the appellate court allowed the appeal...

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Civil Procedure Code, 1908 (CPC)—Order 7 Rule 11—Passage you provided seems to be a legal text discussing a case related to the general election to the Legislative Assembly of the State of Kerala in 1996—The appellant (V.S—Achuthanandan) contested the election against the respondent No.1 (P.J—Francis), who was declared elected—The appellant filed an election petition, challenging the election of the respondent No.1, citing various grounds such as corrupt practices, improper reception of votes, and non-compliance with electoral laws.The High Court initially dismissed the election petition, but the Supreme Court set aside that decision and remanded the case for trial on merits—After the trial, the designated election Judge dismissed the election petition again, stating that no case for a recount of ...

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Arbitration Act, 1940—Section 30, Section 33, Section 35—Challenge to the arbitration award under Section 13 of the Arbitration Act, 1940, was rejected by the court, determining that the arbitration clause encompassed all disputes between the parties—The claims presented in the company's statement fell within the scope of the arbitration clause, and the arbitrator's award was deemed consistent with the terms of reference, not arbitrary, and sustainable.Regarding the passing of the award, the court found that the arbitrator had provided fair and sufficient opportunities to the parties, even though no oral evidence was presented, and the award was based on the correspondence exchanged between them—The court held that such reliance on correspondence did not violate principles of natural justice.Regarding inter...

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Personal injury case involving a fracture on the right wrist resulting in a 25% disability, the tribunal initially awarded Rs. 2,00,000 as compensation. The Supreme Court, noting that the injured did not seek treatment from an orthopaedic specialist to rectify the disability, revised the future loss of income compensation from Rs. 1,57,000 to Rs. 60,000. Consequently, the Court reduced the total compensation to Rs. 1,00,000, finding it more reasonable.The appellant Corporation argued that the awarded compensation was excessively high. The Court acknowledged that even with a 25% impairment in wrist movement, the awarded amount for future loss appeared high. After a comprehensive consideration, the Court deemed Rs. 60,000 as adequate for the loss of income, bringing the total compensation to Rs. 1,00,000.Regarding the insurance compan...

Appeal challenges a 1997 judgment of the Madhya Pradesh High Court, affirming a 1995 decision by the Additional Sessions Judge, Jaora—The appellant was convicted under the Narcotic Drugs and Psychotropic Substances Act, 1985, and sentenced to 10 years' rigorous imprisonment with a fine—The prosecution alleged the recovery of 500 gms—of smack from the appellant during a search—The defense argued a procedural lapse under Section 50 of the Act, but the court rejected this, citing the accused's consent to the search—The defense further contended mishandling of evidence, asserting the improper storage of a mudammal article—The court dismissed this, emphasizing the proper sealing and presentation of the polythene bag in court—Ultimately, the court found no merit in the appeal, affirming th...

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Criminal Procedure Code, 1973 (CrPC)—Section 378—Appeal—Acquittal—Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970, challenging the Rajasthan High Court's judgment that overturned the District & Sessions Judge's acquittal order—The accused were convicted under Section 302/34 of the IPC for fatally assaulting the deceased—The prosecution alleged a prior dispute between the deceased and one of the accused—The trial court acquitted the accused, questioning the credibility of key eyewitnesses (PWs 6 and 7)—The High Court, upon review, found the trial court's analysis flawed, deeming PWs 6 and 7 credible—The Supreme Court concurred, asserting the trial court's conclusions were based on conjecture—It affirmed the High Court's decision, up...

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Limitation Act, 1963—Section 5 and Article 122—Limitation—Appeal—Division Bench of the High Court—The appeal was dismissed in default on 2.9.1997, as the appellant's advocate, Mr. Ashok Kumar Roy, suffered a severe heart attack and subsequent health issues—Despite the appellant's efforts to inquire about the appeal's status, it was only on 14.7.98 that he learned about the dismissal—An application for restoration was filed on 23.7.1998 but was rejected on grounds of limitation—The appellant argued that the lawyer's illness, known to the client, should be considered for condonation of delay—The High Court, however, dismissed the application, citing the petitioner's awareness of the advocate's ailment—The Supreme Court allowed the appeal, condoning the delay...

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Consumer Protection Act, 1986—Section 22—In a recent case, the National Commission allowed an insurer's appeal, deviating from the initial plea made before the State Commission—The insurer originally argued that the damaged property was not covered under the insurance policy—Surprisingly, the National Commission disregarded this plea and entertained a new argument alleging a violation of terms and conditions due to the use of used kiln furniture by the insured—This shift in the grounds for appeal, unsupported by the pleadings before the State Commission, renders the National Commission's decision legally questionable—The acceptance of a novel argument contradicts established legal principles and raises concerns about due process—The appeal's approval based on this unanticipated plea by...

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Civil Procedure Code, 1908 (CPC)—Order 41, Rule 31—Delivering a judgment was deemed improper, as it created doubts in the minds of litigants and gave rise to unnecessary speculations—In a case governed by the Civil Procedure Code, the court set aside the judgment passed after five years and remitted the matter to the High Court for the appeal to be decided afresh—The decision recognized that prolonged delays in delivering judgments could lead to apprehensions among the parties involved, especially those whose appeals had been dismissed, regarding whether the arguments raised during proceedings had been adequately reflected or appreciated in the judgment—The court, acknowledging the potential impact of extended delays, opted to set aside the judgment and provide an opportunity for a fresh consideration of the ...

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Civil Procedure Code, 1908 (CPC)—Order 41, Rule 22—Appeal—Civil Appointments and Seniority—Appellate Challenge on Tainted Appointments. In a case concerning the appointment of Civil Engineers in the Municipal Corporation, the High Court found the appointments tainted but no separate appeal was filed by the Corporation—The appellants, appointed candidates, contended that the respondents had not filed any Special Leave Petition (SLP) in time to challenge the findings of the Division Bench—The Supreme Court held that the respondents could attack the adverse findings or observations made by the High Court, even without filing a separate appeal—The court also emphasized that the candidates who were not selected could challenge the adverse findings, and the delay in filing the SLP was condoned&mdas...

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Penal Code, 1860 (IPC) - Section 299, Section 300, Section 302, Section 304, Section 307—Prosecution’s case was based on prior ill-feeling between the appellant's and the informant's families— On December 10, 1993, the appellant allegedly struck the deceased with a lathi, causing fatal head injuries— Initially charged under Section 307 IPC, the charge was later amended to Section 302 IPC following the victim's death— The appellant denied the allegations, claiming the deceased's injuries resulted from a fall after consuming liquor—The trial court relied on eyewitness testimony (PWs 1 and 2) and medical evidence to convict the appellant— Despite challenges to the credibility of these witnesses and the argument that the crime was lesser than murder, the court found the evidence suffic...

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Civil Procedure Code, 1908 (CPC)—Order 22, Rule 3—Appeal—Abatement of—Regular Second Appeals by the High Court of Punjab and Haryana, deeming them abated due to the death of one appellant—The respondents, seeking possession of land through redemption suits, faced contestation from the appellants, who disputed their status as successors-in-interest—The Trial and Appellate Courts upheld the plaintiffs' claim of adoption, leading to two decrees in favor of the respondents—The subsequent Regular Second Appeals were dismissed by the High Court, citing the abatement of one appellant's appeal—The Supreme Court affirmed the decision, emphasizing that a common issue existed in all appeals regarding adoption, and allowing one to proceed might result in conflicting decrees—Relying on prec...

Uttar Pradesh Sales Tax Act, 1948—Section 4A—Appeal against the High Court's order in a sales tax case—The Committee rejected the respondent's application for exemption under Section 4-A of the U.P. Sales Tax Act, 1948—The rejection was based on the lease deed's registration date, post the first sale date—The High Court, in Writ Petition No. 485 of 1992, held the respondent entitled to exemption from the registration date (27.3.1990)—The appellants argue that the exemption should be denied if conditions aren't met on the first sale date—The Supreme Court disagrees, emphasizing Section 4-A(1) allows partial exemption—As the lease satisfied conditions on 27.3.1990, the High Court's decision stands—The Court clarifies the exemption period: 3 years, 1 month, and 4 days ...

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Criminal Procedure Code, 1973 (CrPC)—Section 220, Section 313—Evidence Act, 1872—Section 27—Bonkya Alias Bharat Shivaji Mane and Others v. State of Maharashtra, examined the conviction of appellants under various sections including Section 3 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA)—The incident stemmed from a petty altercation leading to a fatal assault—While the court upheld the convictions under other sections, it acquitted one appellant due to lack of evidence—Notably, the court ruled that merely belonging to a particular community does not establish an intent to create terror—It emphasized the need for specific evidence to prove TADA offences—The court clarified that appeals against Designated Court judgments in TADA cases lie exclusively with the Su...

Civil Procedure Code, 1908 (CPC)—Section 100, Section 2—Punjab & Haryana High Court judgment on a disputed will—The trial court and Sub-Judge ruled differently on its validity, leading to a split opinion in the Division Bench—As no majority emerged, the lower court's decree stood confirmed—The appellant argued for a detailed review, contending that Section 98(2) of the CPC did not bind the Supreme Court under Article 136—However, the Court upheld the legislative mandate, emphasizing that on factual disputes without a majority opinion, the lower court's decision prevails—While acknowledging its broad powers under Article 136, the Court refused to bypass the statutory provision—Consequently, the appeal was dismissed, with parties directed to bear their own costs. ...

Penal Code, 1860 (IPC)—Section 201, Section 325—Appreciation of evidence—Accused, was charged with murdering the wife of a witness—The trial court convicted him under various sections of the IPC, which was upheld by the High Court—However, the Supreme Court found flaws in the High Court's approach, emphasizing the duty of appellate courts to independently assess evidence—While finding the appellant guilty of causing injury to the deceased, the Court overturned the conviction for murder and destruction of evidence—Instead, he was convicted under a lesser charge and sentenced accordingly—The Court highlighted inconsistencies in witness testimonies and lack of evidence linking the appellant to the more serious charges—As a result, the appellant's conviction was modified, and he wa...

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Penal Code, 1860 (IPC)—Section 302, Section 304—Alleged suicide of a wife and charges of harassment and cruelty, the Supreme Court granted leave in two Special Leave Petitions (SLPs)—The first SLP, filed by E—Balakrishnama Naidu, contested his conviction under IPC Section 498A, challenging the High Court's decision to set aside his conviction under Section 306—The second SLP was filed by the State of Andhra Pradesh, disputing the High Court's reversal of the conviction under Section 306—The trial court had acquitted Naidu of several charges but convicted him under Section 306—The High Court overturned this conviction due to insufficient evidence, instead convicting Naidu under Section 498A—The Supreme Court held that the conviction under Section 498A could not be sustained, allowing ...

Constitution of India, 1950—Articles 136 and 311—Appeal—Punjab & Haryana High Court's judgment, substituted the order of dismissal of a deceased Chief Medical Officer with compulsory retirement—While not delving into the interpretation of Rule 22, it found that the order of dismissal was effectively communicated—However, it noted procedural lapses in the inquiry and questioned the severity of the punishment, considering the officer's unblemished record of 29 years—The Court highlighted the Public Service Commission's disagreement with dismissal and the officer's imminent retirement—Consequently, it directed the state to calculate and pay the pension, providing interim relief to the widow—The Court deemed compulsory retirement more appropriate than dismissal, considering t...

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Penal Code, 1860 (IPC)—Section 302, Section 34—Acquittal—This appeal by special leave challenges the High Court of Punjab and Haryana's refusal to grant leave under Section 378(3) CrPC for the Chandigarh Administration to appeal against the acquittal of Dharam Singh by the Sessions Judge, Chandigarh—Dharam Singh and his father, Karam Singh, were charged under Section 302 read with Section 34 IPC for the murder of Vinod Kumar, allegedly motivated by the deceased’s suspected illicit relationship with their sister—The Sessions Judge, after evaluating the evidence, found it insufficient to substantiate the charges and acquitted the accused—The High Court dismissed the Chandigarh Administration's application for leave to appeal—The Supreme Court reviewed the evidence and concurred with th...

Penal Code, 1860 (IPC)—Section 302, Section 307—Acquitted—The High Court, without thorough analysis, remanded the case to the trial court for rewriting the judgment and questioned the validity of the State's appeal against the acquittals—The Supreme Court found the High Court's approach improper, emphasizing that the State's appeal was validly filed against all acquitted accused—It criticized the High Court for unnecessary inquiry into procedural details and directed a fresh hearing on merits, underscoring that the High Court should have decided the appeal itself—The Court allowed one appeal, partially set aside the High Court's order, and ordered rehearing of the appeals by a different bench for justice's sake. ...

Penal Code, 1860 (IPC)—Section 302—Criminal Procedure Code, 1973 (CrPC)—Section 386—Granted special leave to determine whether the High Court had jurisdiction to enhance the sentence without issuing notice or affording the appellants an opportunity to be heard—Surjit Singh and Harjinder Singh were convicted for murdering Bachan Singh under Section 302 IPC, each sentenced to life imprisonment by the Ludhiana Sessions Judge—On appeal, the High Court of Punjab and Haryana at Chandigarh upheld the convictions and additionally imposed a fine of Rs. 5,000/- on each appellant, with two years of rigorous imprisonment in default—The Supreme Court noted that enhancing the sentence without prior notice and opportunity to the appellants violated natural justice and procedural norms—Consequently, the Cou...

Civil Procedure Code, 1908 (CPC)—Order 22, Rule 4—Appeal remains maintainable if the surviving parties continue to contest the proceedings—The death of a non-contesting party does not lead to the abatement of the appeal.Specifically, in a suit for the redemption of a mortgage, the non-substitution of the legal representative of a deceased co-mortgagee does not cause the suit to abate, provided the remaining mortgagees can be directed to fulfill the entire obligation—This ensures that the suit can proceed and a comprehensiveresolution can be reached without the presence of all original parties.The court can direct the mortgagee(s) present before it to pay the entire amount owed, thereby maintaining the suit’s integrity and ensuring that justice is not impeded by the procedural technicality of abatement due to ...

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Penal Code, 1860 (IPC)—Section 300, Section 302—Murder conviction appeal, the accused's defence of grave and sudden provocation was pivotal, yet the High Court dismissed the appeal summarily without addressing this defence—The Supreme Court emphasized that such defences are crucial and require thorough examination and reasoned consideration—Despite the Court's discretion to reject the defence, it must articulate reasons for doing so—Finding the High Court's dismissal lacking in substantive analysis, the Supreme Court set aside the judgment and remitted the appeal for proper adjudication, stressing the singular opportunity for factual review available to the accused under law—The decision underscores the necessity for appellate courts to engage comprehensively with all substantive defences ra...

Penal Code, 1860 (IPC)—Section 302—Criminal Procedure Code, 1973 (CrPC)—Section 384—Appeal—And sentenced to life imprisonment—Upon reviewing the Sessions Judge's judgment and the appellant's grounds for appeal, the Supreme Court found arguable points warranting serious High Court consideration—The Supreme Court emphasized that while the High Court has the power to summarily dismiss a first appeal against conviction under Section 421 CrPC, 1898 (Section 384 CrPC, 1973), it should refrain from doing so in serious cases like those under Section 302 IPC unless the evidence is unequivocally clear—Citing precedents, the Court underscored the necessity for the High Court to provide brief reasons for dismissing such appeals to facilitate Supreme Court review—Consequently, the Supreme C...

Civil Procedure Code, 1908 (CPC)—Section 100—Appeal —Plaintiff claimed ejectment based on alleged encroachment and rent arrears, supported by a rent note specifying lease terms—The defendant contested, asserting tenancy over the entire upper floor, including an old room—The trial court and appellate court upheld the defendant's tenancy rights—On appeal, the High Court reversed, citing purported misinterpretation of the rent note—The Supreme Court found no exclusion of the old room in the rent note and upheld concurrent findings, dismissing the plaintiff's suit—The High Court's interference was deemed erroneous, as it exceeded jurisdiction—Costs were awarded to the defendant—Appeal allowed, High Court judgment set aside, trial court's decision reinstated. ...

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Criminal Procedure Code, 1973 (CrPC)—Section 374, Section 385, Section 386—Appeal on procedural grounds due to non-notification of transfer of the criminal appeal from Jodhpur to Jaipur, resulting in its hearing and dismissal in the appellant's absence—Acknowledging the possibility of a different outcome if the appellant had been present, the Court set aside the Jaipur High Court's judgment and remanded the appeal for rehearing at Jaipur—The appellant was directed to engage counsel and appear before the High Court for further proceedings—The Court emphasized prompt disposal of the appeal and continued the appellant's bail during the process. ...

Penal Code, 1860 (IPC)—Section 302, Section 326, Section 34—Trial court's acquittal of Ajit Singh and Balwant Singh, instead convicting them under Sections 302 and 326 read with Section 34 IPC—The appellants, father and son, along with another son, Mohan Singh, were accused of murdering Manilal and injuring others over a rent dispute—The trial court acquitted them, citing unreliable evidence and inconsistencies in eyewitness testimonies—The State's delayed appeal was condoned by the High Court, which subsequently convicted Ajit Singh and Balwant Singh while dismissing the appeal against Mohan Singh—The Supreme Court held that the High Court erred in condoning the delay as no sufficient cause existed within the limitation period—Moreover, it found the trial court's judgment reasonable, ...

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Penal Code, 1860 (IPC)—Section 109, Section 120B, Section 302—Appeal—Accused, previously acquitted by the Sessions Judge for offences under Sections 302, 120-B, 323, 324 read with Sections 34 and 109 IPC, based on reliable eyewitness testimony—The appeal to the Supreme Court, dismissed summarily under Section 384 CrPC, questioned the validity of summary dismissal without a reasoned judgment—The Court referred to AIR 1979 745 (SC), which discussed the constitutional validity of Rule 15(1)(c) of Order XXI of the Supreme Court Rules—The Court clarified that Section 384 CrPC's applicability to summary dismissals remains intact, and the previous ruling on Rule 15(1)(c) does not challenge Section 384's constitutionality—Thus, the summary dismissal of the appeal stood affirmed, emphasizing that t...

Criminal Procedure Code, 1973 (CrPC)—Section 385—Appeal—Contradictory prosecution evidence and reliance on a single unreliable witness, PW Badada, failed to establish guilt beyond reasonable doubt—Notably, crucial witnesses either recanted or failed to identify the appellant as the assailant—The Court criticized the High Court's summary approach, emphasizing the accused's right to appeal, especially in cases with arguable points—It highlighted deficiencies in the prosecution's case, including procedural lapses and unreliable testimonies—Ultimately, the Supreme Court acquitted the appellant, setting aside the conviction and sentence, and ordered refund of any fines paid—The judgment underscores judicial scrutiny in criminal appeals and urges caution in summarily dismissing cases w...

Constitution of India, 1950—Article 226—Appeal—Termination of Teacher's Services—Grant-in-aid Code—Judicial Commissioner's jurisdiction to issue writ—Appeal against writ quashing termination—Compliance with Rule 74(2)—Direction to reinstate under Rule 74(3)—Scope of enforceability of Grant-in-aid Code—Appellant's challenge on jurisdiction and enforceability dismissed—Remarks on appellant's conduct deemed unjustified—Appeal dismissed, leaving open appellant's right to pursue claims against school management independently. ...

Penal Code, 1860 (IPC)—Section 302, Section 323—Bail Granted Pending Appeal—Life Imprisonment Conviction u/s 302 IPC—Appeal by Special Leave—Delay in Appeal Hearing—Practice of not granting bail reconsidered—Injustice of prolonged incarceration—Special leave indicates prima facie case—Appellant served initial sentence and surrendered—Over four years in jail awaiting appeal—Bail granted, subject to conditions, to ensure appearance. ...

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Criminal Procedure Code, 1973 (CrPC)—Section 190(1), Section 2, Section 377—Prevention of Food Adulteration Act, 1954, for selling adulterated chilli powder with excessive total ash content—The Judicial Magistrate sentenced him to simple imprisonment and a fine, later enhanced by the High Court—The State appealed against the sentence's inadequacy, leading to a dispute on the competence of the appeal under Section 377 Cr.P.C—The Supreme Court clarified that the appeal was maintainable despite arguments to the contrary, affirming the Magistrate's discretion in sentencing—It also criticized the High Court's disregard for judicial precedent but upheld the appellant's sentence as justified, given the non-injurious nature of the adulteration. ...

Limitation Act, 1963—Article 114—Penal Code, 1860 (IPC)—Section 149, Section 302—Acquittal, the Supreme Court held that under Section 378(3) of the CrPC, 1973, an application for leave to appeal against acquittal effectively serves as a memorandum of appeal—The appeal, filed within the time limit under Article 114 of the Limitation Act, was erroneously dismissed by the High Court as time-barred—The Court emphasized that the State's right to appeal against acquittal should not be jeopardized by procedural formalities, affirming that the application for leave to appeal constituted the appeal itself—The appeal was allowed, setting aside the High Court's order and directing the appeal to proceed according to law. ...

Evidence Act, 1872—Section 21—Delhi High Court's order in a second appeal under Section 39 of the Delhi Rent Control Act, 1958, the appellant challenged the eviction order on grounds of sub-letting—The respondent landlord alleged that the appellant sub-let the entire shop to Sohan Singh, who was operating a business there—The Rent Controller and the Rent Control Tribunal found that Sohan Singh was the appellant's husband, and no sub-letting occurred—The High Court, however, overturned this finding, concluding that sub-letting had occurred—The Supreme Court held that the High Court's interference was erroneous as it involved a mere factual determination and did not address any substantial question of law—The facts established were that the appellant and Sohan Singh lived together as hus...

Penal Code, 1860 (IPC)—Section 302, Section 34—Additional Chief Presidency Magistrate, Bombay, under Section 122(a) and Section 125(1) read with Section 37(1)(a) of the Bombay Police Act and sentenced to three months' imprisonment—The Bombay High Court summarily dismissed his appeal with a one-word order "dismissed." The appellant's counsel argued for setting aside the dismissal due to lack of reasons, citing precedents where serious and arguable points required a speaking order—However, distinguishing facts of the cited cases led to the conclusion that a summary dismissal is permissible if no substantial point is raised—Examination of evidence showed the appellant was found armed with a Rampuri knife at 3:30 a.m. in a lonely area, attempting to stop cars, with no satisfactory explanation fo...

Penal Code, 1860 (IPC)—Section 302, Section 34—Sessions Judge, Greater Bombay, and sentenced to life imprisonment—Their appeal to the High Court was dismissed summarily—In their appeal to the Supreme Court, it was argued that the High Court erred in dismissing their appeal without addressing the substantive and arguable issues raised, such as the credibility of the key witness, the inconsistency between medical evidence and the weapon used, and the improbability of identifying the assailants in the dark—The Supreme Court, referencing prior decisions, emphasized that summary dismissals in cases with substantial and arguable issues are improper—It was noted that appeals should not be summarily rejected without some indication of the High Court's views on the points raised—Consequently, the Supre...

Criminal Procedure Code, 1898 (CrPC)—Section 410—Propriety of the High Court’s summary dismissal of the appellant’s challenge to his conviction under Sections 25(1)(a) and 27 of the Arms Act, 1959—The appellant was convicted for possessing firearms and ammunition without a license—The High Court dismissed the appeal without reasons, leading the appellant to argue that the dismissal was improper given the arguable issues, including conscious possession and alleged infirmities in the search—The Supreme Court, emphasizing the need for High Courts to provide reasons when dismissing appeals summarily, decided to review the evidence itself due to the case’s prolonged pendency—The Court upheld the conviction under Section 25(1)(a) but quashed the conviction under Section 27 due to insufficien...

Criminal Procedure Code, 1898 (CrPC)—Section 410, Section 418—Sessions Judge, Jamnagar—The Appellants were convicted for offenses under Sections 420 read with Sections 511 and 34, IPC and Section 474 read with Section 34, IPC, related to the use and possession of forged railway receipts—The High Court's summary dismissal without reasons failed to provide adequate scrutiny of the Appellants' arguments challenging the trial Court’s findings—The Supreme Court held that the High Court should have provided a reasoned judgment, particularly as the trial Court had detailed issues and discrepancies in evidence—Emphasizing that summary dismissal without reasons impedes the right to a meaningful appeal, the Supreme Court remanded the case for a fresh decision, ensuring proper consideration of the ar...

Penal Code, 1860 (IPC)—Section 148, Section 149, Section 326, Section 332—Criminal Procedure Code, 1898 (CrPC)—Section 421—The primary contention before the Supreme Court was whether the High Court erred in rejecting the appeal without detailed examination, particularly concerning the identity of the appellants—The incident involved a violent attack by the appellants on Shana Madha and P.S.I. Chaudhari on 29-5-1969, with allegations of the appellants being part of an unlawful assembly—The Supreme Court found no substantial argument to overturn the lower court's findings—Despite claims of discrepancies, the evidence supported the identification of the appellants, as P.S.I. Chaudhari was familiar with them and had correctly named them in his complaint—The appeal was thus dismissed, affirmi...

Criminal Procedure Code, 1898 (CrPC)—Section 367, Section 410, Section 411A(2)—An appeal if it finds no sufficient ground for interference, but such dismissal must still be a judicial decision subject to appeal—Although summary rejection without reasons is not statutorily prohibited, it limits error detection—Appeals should not be dismissed for default of appearance by the appellant or their counsel; instead, the court must either adjourn the hearing or decide on merits after perusing the record—The court must consider the appeal on merits, regardless of the presence of the appellant, counsel, or public prosecutor—The appellate court has full power to pass any of the specified orders in the section after examining the record and hearing the parties if present—An order must indicate that the record...

Police Act, 1861—Section 3, Section 4, Section 46(2)—Disciplinary Action—Jurisdiction and Authority—Reversion and Dismissal—The appellant, a Sub-Inspector of Police, faced disciplinary proceedings for alleged misappropriation and connivance—Initially exonerated by the Inspector-General of Police, the appellant was reverted to Sub-Inspector due to adverse remarks in his confidential record, without prior notification or an opportunity to respond—The appellant's appeal led the Government to set aside the reversion order but instead ordered his dismissal, disagreeing with the Inspector-General's findings—The High Court dismissed the appellant's writ petition in limine—The Supreme Court held that the Government exceeded its jurisdiction by imposing a higher penalty on appeal, a...

Constitution of India, 1950—Article 134(1)—Factories Act, 1948—The respondent was convicted under Section 92 for operating a factory without required permissions and failing to maintain essential records—The High Court had held that although the activities constituted a manufacturing process, the workmen were not "workers" as per the Act—The prosecution’s evidence described the casual, irregular nature of the workforce, comprised mainly of local women working at piece-rates without fixed hours or consistent employment—The Supreme Court upheld the High Court's decision, emphasizing that the control and regularity of employment were insufficient to categorize these individuals as "workers" under the Act—The Court reaffirmed that the principles established in previous ca...

Criminal Procedure Code, 1898 (CrPC) - Section 342—Pradesh High Court’s judgment convicting the appellant under Section 435, Indian Penal Code, and sentencing him to one year in prison— The sole issue is whether the appellant was of unsound mind under Section 84, IPC, at the time of the offence— The trial court acquitted the appellant, finding him insane at the time of the incident based on his behavior, medical certificates, and witness testimony— However, the High Court reversed this decision, arguing insufficient expert evidence and questioning the credibility of defense witnesses— The Supreme Court found that the High Court erred by disregarding medical evidence and the appellant's behavior prior to and during the incident— It concluded that the appellant was indeed of unsound mind as defi...

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Constitution of India, 1950 - Article 226—Cancellation of land allotment under the Displaced Persons (Compensation and Rehabilitation) Act, 1954, initially granted to the Appellant’s father in 1948— Post-partition, the father’s claim led to the allotment of 49—2 standard acres, but discrepancies later revealed an excess of 15-17—5 acres— The Section Officer-cum-Managing Officer's cancellation of the excess was contested by the Appellants, asserting jurisdictional errors and reliance on disputed documents— The Chief Settlement Commissioner upheld the cancellation, and the Central Government's revision was rejected— The High Court dismissed the Writ Petition, and this Court upheld the decision, noting that the allotment was excessive based on verified Pakistani records— The...

Civil Procedure Code, 1908 (CPC) - Order 41 Rule 27, Section 9—Denial of entry to a temple is regarded as a civil right, which falls under the jurisdiction of Civil Courts— Such a dispute is adjudicable by Civil Courts because it pertains to the individual's or sect's civil rights— However, disputes exclusively related to rituals or ceremonies, without direct connection to the fundamental civil rights of the individuals or sects involved, are generally beyond the scope of Civil Court adjudication— Civil Courts can address cases where the core issue is the infringement of civil rights related to worship, but they are not competent to resolve matters solely concerning the specifics of religious practices or rituals unless they impact the civil rights directly. ...

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Constitution of India, 1950 - Article 226, Article 265, Article 41—Mysore granted exclusive privileges for retail vending of toddy, arrack, and beer, charging separate "shop-rent," "tree-tax," and "tree-rent" until 1907, when these levies were merged— The Mysore Elementary Education Act, 1941, which later became the Mysore Compulsory Education Act, 1961, authorized an education cess on excise revenue, but this was not extended to Bellary Area until 1955— Contractors challenged the cess imposed on merged levies, arguing it was not legally valid— The High Court held that since no education cess was lawfully levied from 1907, it could not be imposed retrospectively and declared the cess invalid— It also ruled that "shop-rent" was not excise revenue under the Act and thus n...

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Petition by the Orissa High Court, which was rejected in limine without a thorough examination of the allegations. The petitioner, a senior Indian Administrative Service officer, alleged severe harassment and mala fides by senior officials, including illegal searches and suspension without proceedings. The High Court's summary dismissal was deemed unjust as it failed to call for affidavits or investigate the serious claims. The Supreme Court remanded the case, instructing the High Court to admit and properly consider the petition, ensuring all allegations are thoroughly reviewed before a final decision. Costs were ordered to abide by the event. ...

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Penal Code, 1860 (IPC) - Section 409—Pesolved in both proceedings for its application— In cases where the facts or conditions between the two periods in question differ, the principle may not apply— For example, if an individual was not officially appointed as a cashier but performed similar duties, the determination of their role in one period does not necessarily bind a later case if the factual circumstances have changed— A finding in a later trial can contradict a previous determination if the relevant conditions differ between the periods under review— Thus, different periods and changing facts may prevent the application of issue estoppel. ...

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Constitution of India, 1950 - Article 136—Tribunal's order under the Indian Railways Act, 1890— The West Coast Paper Mills Ltd— contested the Railway's method of calculating freight charges on the Alnawar-Dandeli branch line, which involved inflating the distance by three times— The Tribunal ruled the method unjust, unreasonable, and discriminatory, violating Section 28 of the Act— It decided that the rates for specific commodities were unreasonable but did not have the power to fix new rates or cancel the inflated distance method— The Union of India argued the Tribunal lacked jurisdiction and that the rates were justified by operational and capital costs— The Supreme Court upheld the Tribunal's decision, affirming its jurisdiction to assess whether specific rates were unreasonable wit...

Medicinal and Toilet Preparations (Excise Duties) Act, 1955 - Section 3, Section 3(1), Section 4—Appeal challenges the Railway Rates Tribunal's order under the Indian Railways Act, 1890— The West Coast Paper Mills Ltd— contested the Railway's method of calculating freight charges on the Alnawar-Dandeli branch line, which involved inflating the distance by three times— The Tribunal ruled the method unjust, unreasonable, and discriminatory, violating Section 28 of the Act— It decided that the rates for specific commodities were unreasonable but did not have the power to fix new rates or cancel the inflated distance method— The Union of India argued the Tribunal lacked jurisdiction and that the rates were justified by operational and capital costs— The Supreme Court upheld the Tribunal's ...

Specific Relief Act, 1877 - Section 22—Concerning specific performance of a contract for the sale of property, the Supreme Court emphasized the discretionary nature of such relief— The Court ruled that when a vendor has transferred the property to a third party, the appropriate remedy is to direct the subsequent transferee to join in the deed of conveyance to transfer the title to the plaintiff— The Court clarified that the discretion to grant specific performance should be exercised based on sound judicial principles and not arbitrarily— Readiness and willingness of the vendee must be assessed from the overall facts and circumstances, rather than a rigid formula— The Court found no evidence that the appellants were not ready and willing to perform their contractual obligations— The decree for specific ...

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Criminal Procedure Code, 1898 (CrPC) - Section 342—Convicted the appellant, a school teacher and post-master, for misappropriating money sent through an insured cover and forging an acknowledgment slip— Despite the trial court's acquittal based on doubts about witness credibility and evidence, the Supreme Court upheld the High Court's decision— The Supreme Court found the trial judge's conclusions unsupported by evidence, noting that the appellant’s confession and the evidence presented were reliable— The appeal was dismissed, affirming the High Court's conviction and sentence. ...

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Penal Code, 1860 (IPC) - Section 149, Section 302—Appellate court retains full power to review evidence and reach its own conclusions, as affirmed in Sheo Swarup's case— Despite various terminologies like "substantial reasons" or "strong reasons," these do not limit the appellate court’s authority to reassess evidence and overturn an acquittal if justified— The appellate court must consider the trial court's findings, recognizing its advantage in evaluating witnesses— Under Article 136 of the Constitution, the Supreme Court's interference with factual findings of the High Court is limited, focusing on cases of substantial injustice or procedural violations— The High Court remains the primary appellate authority, with the Supreme Court stepping in only in exceptional circu...

Penal Code, 1860 (IPC) - Section 147, Section 148, Section 149, Section 201, Section 302, Section 323, Section 326, Section 34—Defense cannot be claimed if it exceeds the permissible limits and results in death, especially when the other party's aggressive role is not established— Under Section 9 of the Evidence Act, 1872, delays in conducting a Test Identification Parade do not necessarily invalidate the prosecution's case, especially when the parade is not a substantive piece of evidence but merely corroborative— The death of the identifying witness before testifying diminishes the parade's value, but if the prosecution does not rely on it and no prejudice is shown to the accused, conviction remains unaffected. ...

Regarding overtime wages at Model Mills, Nagpur. First, the Court upheld the High Court's decision that the settlement and award from December 1961, which aimed to standardize wages across mills in Vidarbha, did not implicitly remove previous benefits such as double wages for holidays. Second, it was determined that the exemption of Model Mills from Section 31 of the C.P. and Berar Industrial Disputes Settlement Act did not affect the existing rights to overtime wages, as the mills were still bound by previous agreements until officially altered. The appeal was partly allowed, with Model Mills ordered to pay double wages for the specified period, without costs. ...

Criminal Procedure Code, 1898 (CrPC) - Section 145—Challenged the decision of the Deputy Director of Consolidation, who ruled that the Consolidation of Holdings Act applied to "grove" lands for record preparation purposes— The appellants, involved in a pending civil suit regarding title disputes, argued that "grove" lands were exempt from consolidation proceedings— Despite their initial challenge to the order, they continued to contest the merits of the dispute within the consolidation framework and were ultimately unsuccessful— After several years of accepting the consolidation authority's jurisdiction and pursuing appeals, the appellants sought to challenge the initial order in the High Court— The Supreme Court dismissed the appeal, ruling that it was too late to contest the Deputy D...

Penal Code, 1860 (IPC) - Section 302, Section 324, Section 34—Vithalsing Pardeshi, were convicted of murder and sentenced to life imprisonment— A-2, Assaram Vithalsing Pardeshi, was acquitted at trial but later convicted by the High Court— A-4 was acquitted, and the acquittal was not challenged— The prosecution alleged that A-1 and A-3 fatally attacked Madan while A-2 was said to have assisted— The Supreme Court upheld A-1 and A-3's convictions but found insufficient evidence against A-2, whose acquittal was unjustly overturned— Consequently, A-2’s appeal was allowed, and he was acquitted. ...

Criminal Procedure Code, 1898 (CrPC) - Section 100, Section 288—Appeal challenges the Jammu and Kashmir High Court's decision in Criminal First Appeal No— 15 of 1966, which upheld the conviction of the appellant, a police officer, for offenses under Sections 376 and 342, R.P.C. (equivalent to IPC)— The appellant was initially sentenced to three years for rape and three months for wrongful confinement, with the High Court increasing the rape sentence to seven years— The prosecution established that the appellant, along with two constables, raped Duphru after wrongfully detaining her— Despite challenges regarding evidence and the appellant's claim of a false case, the Court found no basis to overturn the conviction. The appeal was dismissed, and the appellant was ordered to serve the remaining sentence....

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Constitution of India, 1950 - Article 19(1)—Certificate' under the Bombay Cinemas (Regulation) Act, 1953, for an annexe to their existing cinema— Despite receiving necessary approvals from the Municipality and Executive Engineer, the State Government refused the certificate, citing non-compliance with Rule 89 of the Act— The Gujarat High Court found that the refusal was unjustified as the building was in accordance with the Act's requirements and directed the State Government to issue the certificate— The Supreme Court upheld the High Court’s decision, ruling that the State Government had acted beyond its jurisdiction and failed to apply judicial standards, thus dismissing the appeal with costs. ...

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Central Excises and Salt Act, 1944 - Section 12, Section 3, Section 35—Validity of a search warrant issued under the Central Excises and Salt Act, 1944, the Supreme Court upheld the warrant's legality— The appellant, a public limited company, contested the warrant's issuance by arguing that Section 12 of the Act, which applies provisions of the Sea Customs Act, 1878, was improperly used— The Court rejected claims that Section 12’s delegation was excessive or that the application of the Customs Act 1962 was invalid— Additionally, it found no merit in allegations that the Assistant Collector, who issued the warrant, lacked sufficient grounds or specificity— Consequently, the appeal was dismissed with costs. ...

Civil Procedure Code, 1908 (CPC) - Order 5 Rule 7, Section 114—Appeal jurisdiction under Section 38 of the Advocates Act is comprehensive, encompassing both factual and legal aspects, with the power to review and issue any order deemed necessary for justice— The Court is tasked with ensuring that justice is served by examining both fact and law, particularly in disciplinary matters where High Court jurisdiction is superseded by an appeal to the Supreme Court— Under the Advocates Act, Sections 51 and 94, the Bar Council's Disciplinary Committee has the power to review its orders— This power, including the scope for review by the Bar Council of India, is broad and not limited by civil procedural analogies or previous acquittals— The integrity and honor of the legal profession are central to these proceeding...

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Administration of Evacuee Property Act, 1950 - Section 2—Proceedings under Section 10(2)(11) of the Administration of Evacuee Property Act, 1950— The Custodian of Evacuee Property sought to manage Kathiawar Industries Ltd—, alleging over 51% of its shares were held by evacuees, specifically through Bhawani Investment Co— Ltd— The High Court, assuming all Bhawani's shareholders were evacuees, ruled their property wasn’t subject to Custodian control, based on corporate personhood principles— However, Section 2(f) of the Act, as amended in 1951, included shares held by evacuees as evacuee property— The Supreme Court allowed the appeal, directing reconsideration of other issues in light of the amended definition of evacuee property— Costs were ordered in the cause. ...

Penal Code, 1860 (IPC) - Section 100, Section 101, Section 302, Section 304, Section 96, Section 97, Section 98, Section 99—Conviction— The Sessions Judge, affirmed by the Madhya Pradesh High Court, found that Munney Khan fatally stabbed Reoti Singh during a scuffle, while defending his brother Zulfiquar— Despite the initial finding that Munney Khan acted in defense, the Supreme Court ruled that his act exceeded the right of private defense— Under Section 101 IPC, the right to self-defense does not justify causing death— The Court converted the conviction to culpable homicide not amounting to murder under Section 304 IPC, and reduced the sentence to seven years’ rigorous imprisonment. ...

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Central Excises and Salt Act, 1944 - Section 2, Section 3, Section 3(1)—Challenges the High Court's decision that excise duty should not be levied on uncut circles of kansi and brass rolled from billets, which the respondents argued were not "circles" under Item 26A of the First Schedule to the Central Excises and Salt Act, 1944— The Supreme Court held that the term "circles" under Item 26A(2) includes both cut and uncut forms— The Court found that the process of rolling billets into circles constituted manufacture as defined by the Act, and thus, the excise duty was correctly imposed— The appeal was allowed, and the suit by the respondents was dismissed. ...

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Motor Vehicles Act, 1988 - Section 47(3), Section 68D(3)—Challenges an Allahabad High Court order affecting the Saharanpur-Delhi route— Initially, 15 operators, including the appellants, held permits but faced a 1959 notification declaring the route for exclusive operation by U—P— Government Roadways— While the High Court initially permitted these operators to continue, a Vacation Judge in June 1969 barred them from plying buses and allowed the U—P— Roadways to operate instead— This was done without notice or a proper hearing for the appellants— The Supreme Court found this to be a grave miscarriage of justice, as the High Court’s order unfairly prejudiced the appellants without due process— The Court overturned the Vacation Judge's decision, restoring the appellants...

Criminal Procedure Code, 1898 (CrPC) - Section 154, Section 173, Section 411A(2), Section 417, Section 417(3), Section 431, Section 476B—Leave, contests the Patna High Court's decision overturning the acquittal of the appellants, who were convicted under Sections 379/149 and 143 of the IPC— The appellants were initially acquitted by the District Judge due to doubts about the credibility of the prosecution's witnesses, unexplained complaint delay, and the non-examination of a key police inspector— The High Court, however, found no delay in filing the complaint and disregarded the non-examination of the inspector, overlooking the trial judge's concerns about witness credibility— The Supreme Court reinstated the acquittal, noting that the prosecution's delays and evidence issues cast significant doubt ...

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Criminal Procedure Code, 1898 (CrPC) - Section 410, Section 418, Section 421—Appellant challenged the High Court's summary dismissal of his appeal against a life imprisonment conviction for murder— The Supreme Court found the High Court's one-word dismissal insufficient as it provided no reasoning or evaluation of evidence— Emphasizing the need for a detailed judgment, the Court referenced recent rulings requiring High Courts to provide substantive reasons in appeals, especially when substantial points are raised— The Court remitted the case to the High Court for a thorough hearing and decision, without expressing any opinion on the case's merits, to ensure justice and proper appellate review. ...

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Civil Procedure Code, 1908 (CPC) - Order 21 Rule 69, Order 21 Rule 90, Order 21 Rule 92, Section 104(2), Section 109, Section 110—Challenged the auction sale of his one-fourth share in a property, arguing that the notice of adjourned sale failed to mention the hour of the auction, contrary to Order XXI, Rule 69 CPC, constituting a material irregularity— The Execution Court dismissed the application to set aside the sale— A single Judge of the High Court initially set aside the sale, but the Division Bench reversed this decision, holding the appeal was maintainable under Clause 10 of the Letters Patent and finding no substantial prejudice to the appellant— The Supreme Court upheld the Division Bench’s ruling, finding no material irregularity or substantial injury to the appellant. ...

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Contempt of Courts Act, 1952 - Section 1, Section 3—Aligarh Municipal Board, its Executive Officer, Demand Inspector, peon, and Munshi challenged the Allahabad High Court's order finding them in contempt for disobeying a stay order— The dispute involved fees collected by the Board from Ekkawalas and Tongawalas, which the High Court had stayed on March 29, 1965— Despite being notified, the fees continued to be collected until April 7, 1965— The High Court held that the Delay Inspector was guilty of contempt for knowingly disobeying the order, while the Municipal Board was liable as a corporate body— The Executive Officer's appeal was allowed due to clear directions given, and the peon and Munshi's appeals were allowed as they were not directly informed of the order. ...

General Clauses Act, 1897 - Section 2(8)(b)(ii)—Validity of an order by the Lt— Governor of Goa, Daman, and Diu, dated November 6, 1963, concerning criminal proceedings prior to the implementation of the Indian Criminal Procedure Code— The Judicial Commissioner had declared the order invalid, but the Supreme Court found the Lt— Governor's order valid under Section 8 of the Goa, Daman, and Diu (Laws) Regulation, 1962— Section 8 allowed for removal of difficulties in implementing the Code of Criminal Procedure— The Court held that the Lt— Governor, as Administrator, had the authority to issue the order to ensure the transition from the Portuguese legal system to the Indian system— The appeal was allowed, restoring the Sessions Judge's decision. ...

Constitution of India, 1950 - Article 311, Article 311(2)—Appeal challenging the Gujarat High Court's dismissal of a criminal revision, the appellant, representing himself, disputes the order directing the return of two railway stalls to the administration— The appellant contended he was entitled to constitutional protection under Article 311 of the Constitution as a railway servant, a claim the Court rejected— The appellant’s agreements, deemed contractual, were terminable by the railway administration— The Court affirmed the lower courts' findings that the appellant, classified as a railway servant under the Indian Railways Act, could be dispossessed under Section 138 of the Act— The appeal was dismissed, with the Court finding no grounds for interference and emphasizing the need for the appel...

Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 - Section 12(3)—Appeal from the High Court of Bombay, the Supreme Court upheld the eviction decree against the appellant tenant under the Bombay Rent Act— The tenant had sought revision, arguing that the eviction was unjust due to the trial court’s lack of a formal order on costs— However, the appellant admitted non-payment and inability to pay costs, which contravened Section 12(3)(b) of the Act— The High Court had earlier dismissed the revision application, finding the tenant's failure to pay costs, even if deposited later, did not warrant discretion favoring the tenant— The Supreme Court found no grounds to interfere, affirming the High Court’s decision. ...

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Income Tax Act, 1922 - Section 17(1), Section 23(5), Section 4(1), Section 66(1)—Appellant, a non-resident, was a partner in a resident firm with income accruing entirely outside India— His foreign income share was Rs— 62,612, and he had a loss of Rs— 8,484 from a Madras business— The Income Tax Officer set off the loss against the foreign income and assessed him at the maximum rate— The Appellate Assistant Commissioner and Tribunal upheld the assessment— The High Court, referencing its earlier decision in Gnanam & Sons and the Privy Council case Seth Badri Das Daga, ruled against the appellant— The court held that non-resident partners are not entitled to exclude their share of foreign income under Section 4(1)(c) and affirmed the assessment and tax rate— The appeal was dismissed ...

Constitution of India, 1950 - Article 226, Article 277—Preparations containing alcohol were exempt from sales tax under the East Punjab General Sales Tax Act— The respondent, a manufacturer of such preparations, argued that they should not be taxed because excise duty was being levied under the Central Act, which replaced the Punjab Excise Act— The State contended that the exemption under Entry 37 of Schedule B, referring specifically to the Punjab Excise Act, should not apply after the Central Act's enactment— The High Court, however, ruled that Section 8 of the General Clauses Act 1897, which provides for the continuation of references to repealed provisions to their re-enacted counterparts, applied to this case— Therefore, the exemption under Entry 37 extended to the Central Act's provisions, and t...

Income Tax Act, 1922 - Section 28(1)—Appellant, a partner in a firm, had an undisclosed bank deposit of Rs— 87,000 which he attributed to cash entrusted by relatives during communal riots— The Income Tax Officer, deeming the explanation insufficient, added this amount to the appellant's income and imposed a penalty for concealing income and providing inaccurate particulars— The Appellate Tribunal upheld this, but the Calcutta High Court reversed the decision, ruling that the department failed to prove that the amount was concealed income— The Supreme Court concurred, emphasizing that penalty proceedings are penal, not merely additional tax— The burden is on the department to establish that the amount constitutes income, beyond just disproving the explanation— As the department lacked sufficien...

Income Tax Act, 1961 - Section 66(1)—Madhowji Dharamshi Mfg. Co. Ltd., a flourishing company. Until October 7, 1946, it was managed by Provident Investment Co. Ltd., but its shares were acquired by Dalmia Investment Co. Ltd. On October 29, 1948, D. C. P. M. was appointed as selling agents, and Bharat Union Agencies Ltd. was appointed as managing agents from July 1, 1950. These appointments mirrored those in the Madhowji Dharamshi case. The assessee claimed allowances for compensation paid for breaching these agreements, which were disallowed by the Income Tax Officer, Appellate Assistant Commissioner, and Tribunal. The Tribunal's refusal to submit a statement of the case was upheld by the High Court. The Supreme Court found the transactions to be fraudulent and designed to extract tax-free funds from the company's assets, af...

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Income Tax Act, 1922 - Section 22(2), Section 22(3), Section 22(4), Section 23(4), Section 27—Reviewed the Mysore High Court's judgment regarding income tax assessments for 1953-54 and 1954-55. Notices under Sections 22(2) and 22(4) of the Income Tax Act, 1922 were issued, but the assessee failed to comply, leading to assessments under Section 23(4). The assessee sought to reopen the assessments under Section 27, arguing sufficient cause for non-compliance with Section 22(4) but not Section 22(2). The High Court held that a valid reason for non-compliance with one notice could cancel the assessment. The Supreme Court disagreed, stating that sufficient cause must be shown for each default. The appeal was allowed, overturning the High Court’s decision, and costs were awarded. ...

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Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 - Section 10, Section 5(7), Section 7, Section 9—Appeal concerns the valuation of premises under the Bombay Municipal Corporation Act, 1888— The issue arose from the imposition of an educational cess on property rates, which the landlord sought to include in the rateable value of the building for tax purposes— The Municipal Corporation increased the rateable value to account for this cess, but the respondent challenged this, arguing that the cess should not be included in the valuation— The Bombay High Court agreed, holding that such increases are not part of the rent for valuation purposes— The Supreme Court reversed this decision, ruling that the educational cess constitutes a part of the annual rent for valuation under Section 154(1) of the Act ...

Income Tax Act, 1922 - Section 16(3), Section 66(1), Section 66A(2)—Court of Calcutta's decision on two questions regarding the applicability of Section 16(3) of the Indian Income Tax Act, 1922— The key issue was whether the income of minor sons, admitted to a partnership firm after receiving gifts from their father, could be included in the father's total income under Section 16(3)(a)(iv)— The Income Tax Officer included the minors' income in the father's total income, a decision upheld by the Appellate Assistant Commissioner and the Tribunal— However, the High Court ruled in favor of the assessee, finding that the income did not directly arise from the assets transferred by the father— The Supreme Court agreed with the High Court, emphasizing that for income to be included under Section 16(3...

Criminal Procedure Code, 1898 (CrPC) - Section 197, Section 197(1)—Required for taking cognizance of a complaint filed by Shri N— P— Mishra against Shri Bhagwan Prasad Srivastava— The complaint alleged that the appellant, a Civil Surgeon, used defamatory language and had the complainant forcibly removed by a cook— The Sub-Divisional Magistrate and the Second Additional Sessions Judge had both upheld the need for prior sanction, but the Patna High Court disagreed, finding Section 197 inapplicable— The Supreme Court, agreeing with the High Court, ruled that the acts were not connected to the appellant's official duties and thus did not require prior sanction— The appeal was dismissed. ...

Income Tax Act, 1922 - Section 4—Appellant, who had a contract to supply Hessian cloth, claimed the amount as a rebate due to reduced export duty, arguing it was not income but a liability to the buyer— The Income-tax Officer treated this amount as income, as the assessee had received full payment without any demand for rebate— The Tribunal found the rebate claims fictitious and confirmed the entire amount was part of the sale price— The High Court upheld this decision, concluding the rebate did not create a contractual liability and was income— The Supreme Court dismissed the appeal, agreeing with the High Court's conclusion on the factual findings. ...

Criminal Procedure Code, 1898 (CrPC) - Section 202, Section 207—Appeal challenges the Allahabad High Court's dismissal of a criminal revision and its refusal to interfere with the Sessions Judge's decision setting aside a Magistrate’s discharge order— The case involved accusations against the appellants for setting fire to the complainant’s propert— The Magistrate, after examining evidence and conducting a local inspection, discharged the appellants, concluding that the prosecution's evidence was insufficient— The Sessions Judge reversed this decision, citing that the Magistrate had improperly evaluated evidence instead of merely determining whether there was a prima facie case for tri— The High Court upheld this view, emphasizing that a Magistrate's role is not to weigh evidence b...

Income Tax Act, 1922 - Section 10(2), Section 66(2)—Respondent-company as rent for the assessment year 1954-55— The company had paid this amount following a 1953 compromise to renew a mining lease retroactively from 1943— The Income Tax Officer disallowed the claim, but the Tribunal allowed it, ruling the expenditure was for business purposes and thus deductible under Section 10(2)(xv) of the Indian Income Tax Act, 1922— The High Court and the Supreme Court upheld the Tribunal’s finding, confirming that the payment was a legitimate business expense— The appeal was dismissed with costs, as the Tribunal’s decision was based on evidence and adhered to legal standards. ...

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Civil Procedure Code, 1908 (CPC) - Section 9 —Validity of certain cess levies and the jurisdiction of civil courts over such matters— The respondent company, owning Ramnagar colliery and iron and steel factories, contested the computation of road cess, public works cess, and education cess based on a higher valuation of coal supplied to its factories— The company argued that it did not profit from this internal supply and hence such cesses were invalid— The Supreme Court, following its earlier decision in Tata Iron and Steel Co— Ltd— v— The State of Bihar, upheld the validity of the cess assessments and ruled that civil courts lack jurisdiction to question the correctness of cess computations when statutory remedies are available— Thus, the appeal was allowed and the respondent's su...

Criminal Procedure Code, 1898 (CrPC) - Section 107, Section 117—convictions of six appellants originally sentenced to five years' rigorous imprisonment under Section 304, Part I read with Section 149, IPC— The appellants, involved in a long-standing property dispute, were convicted for exceeding the right of private defense— The High Court had affirmed the convictions, holding that the appellants had acted beyond their rights— However, the Supreme Court found that the possession of the disputed plot was with the appellants and that Narain Singh’s party was likely attempting to forcibly reclaim it— Given the circumstances and the evidence of provocation, the Court concluded that the appellants acted in lawful defense of property— Thus, their conviction was set aside. ...

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Evidence Act, 1872 - Section 35—Petition contesting the election of respondent Chandra Narain Singh to the Uttar Pradesh Legislative Assembly, based on claims that he was underage— The appellant argued that respondent No— 1 was disqualified due to being under 25 years old at the time of nomination— The High Court evaluated evidence including school records, Kutumb register entries, and a birth certificate— The court found the birth certificate (Ext— A-5) from the police station's register to be credible and valid under Section 35 of the Evidence Act, despite arguments of possible tampering— The appeal was dismissed, affirming that respondent No— 1 was eligible and the evidence supported his election. ...

Court Fees Act, 1870 - Section 8—Appeal by special leave, the Supreme Court addressed the issue of court-fee applicable to cross-objections filed in an appeal under Section 11 of the Requisitioning and Acquisition of Immovable Property Act, 1952— The appellant challenged the High Court's decision requiring ad valorem court-fee under Article 3 of Schedule I of the Bombay Court-Fee Act, 1959, asserting that a fixed fee under Article 13 of Schedule II should apply— The Court held that Article 3 of Schedule I, which provides for ad valorem court-fee on appeals related to compensation, is the correct provision— This decision was based on Section 7(1) of the Bombay Court-Fee Act, 1959, which specifies fee computation in compensation appeals, and the interpretation that a cross-objection is akin to a memorandum of app...

Evidence Act, 1872 - Section 112—Andhra Pradesh High Court concerning the estate of Nawab Zainulabud Din Khan, who died on December 18, 1953— Syed Arifuddin, claiming to be Zainulabud Din Khan's son, filed a suit against Khaderunnissa Begam (daughter) and Asmutunnisa Begam (widow), among others, to claim a share in the estat— The main dispute centered on the "Somajiguda House," which the defendants claimed was gifted to Mir Dawar Ali Khan by Zainulabud Din Khan— The Trial Court initially upheld the gift but affirmed the plaintiff's legitimacy— The High Court reversed the gift decision but upheld the plaintiff's status as Zainulabud Din Khan’s son— The Supreme Court concurred with the High Court’s findings, noting that the gift lacked formalities required under Mohammeda...

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Penal Code, 1860 (IPC) - Section 366—Appeal by special leave, Brij Lal Sud and Roshan Lal Sud challenge their conviction under Section 366 of the Indian Penal Code and the sentence of six months' rigorous imprisonment and a fine of Rs— 100 each— The conviction arises from the kidnapping of Balbiro, a minor, on March 24, 1965— The two brothers were found guilty along with Swaran Kaur, who was sentenced to three months' imprisonment— Balbiro, living with her mother after her father's death, was taken by Swaran Kaur, allegedly at the instigation of the Sud brothers— Although Balbiro's age was close to 18, making consent irrelevant to the offense, the court noted that she was a fully developed woman with prior sexual experience— Given these circumstances and the substantial time alread...

Criminal Procedure Code, 1898 (CrPC) - Section 164 - Constitution of India, 1950 - Article 226 —Excise and Land Customs, Delhi, which imposed a penalty of Rs— 50,000 on the appellant for smuggling gold— The appeal arose from a writ petition against the Collector's order, alleging violations of natural justice and improper evidence handling— The appellant contended that the show cause notice did not explicitly mention his name, thus denying him a fair opportunity to contest the charges— He also claimed that his written reply was ignored and that the penalty exceeded legal limits— The High Court upheld the Collector's order, finding no breach of natural justice as the appellant was notified and had the chance to respond but chose not to— The court also deemed the statements of co-accuse...

Police Act, 1861 - Section 7—Disciplinary proceedings were not vitiated by violations of natural justice as alleged— The Court concluded that the evidence did not support the claim that the Enquiry Officer’s findings were improperly influenced by external consultations— Additionally, the dismissal order issued by the Superintendent of Police was deemed valid—The case underscores the importance of adhering to principles of natural justice in disciplinary proceedings, but also clarifies that not all procedural irregularities automatically invalidate such proceedings if the core principles of fairness and opportunity have been upheld ...

Evidence Act, 1872 - Section 85—Concerning the validity of a sale deed executed under a power of attorney— Bhag Singh had mortgaged land in 1923, and in 1961, his son, Vernon Seth Chotia, executed a power of attorney in California, authorizing Sardar Kartar Singh Chawla to handle the sale— The first power of attorney was questioned for improper authentication— Subsequently, a second power of attorney was executed and authenticated according to California law— The trial court upheld the sale deed's validity, dismissing the suit filed by the appellants, who contested the power of attorney’s validity and sought a declaration against the redemption of the mortgage— The Supreme Court affirmed the lower courts’ decisions, holding the second power of attorney valid and effective through ratific...

Criminal Procedure Code, 1898 (CrPC) - Section 156(3), Section 190, Section 202—Constitution challenges the High Court's decision to quash G—R— Case No— 683 of 1964 and G—R— Case No— 701 of 1964— The High Court had annulled these proceedings on the ground that the Magistrate failed to examine the complainants before sending the complaints for investigation— G—R— Case No— 701 involved allegations against Jamurddin Ahmed for forcible abortion, while G—R— Case No— 683 concerned the alleged forcible marriage of a minor girl— The Supreme Court found that the certificate issued by the High Court did not meet the requirements of Article 134(1)(c), which necessitates the involvement of substantial questions of law or principle— The Court also...

Representation of the People Act, 1951 - Section 100(1), Section 123(1), Section 123(4), Section 123(5), Section 123(6), Section 99—Appeal filed under a special law, such as the Representation of People Act, 1951, shall be deemed to be within the period of limitation if the period expired during court recess and the appeal is filed upon the court's reopening— Section 12 of the Limitation Act allows for the exclusion of time spent obtaining certified copies of impugned orders, ensuring that the time consumed in acquiring these documents is not counted against the appellant— Additionally, Section 29(2) of the Limitation Act stipulates that the Representation of People Act, 1951 qualifies as a special law under the Limitation Act provisions— This means that specific procedural rules and limitations set out in the ...

Constitution of India, 1950 - Article 226, Article 227—Land settlement under the Bihar Land Reforms Act, 1950— The appellants challenged the annulment orders of the Additional Collector, Commissioner, and Bihar Government, arguing that the Additional Collector's order was void for lack of a hearing— The Court found that the Additional Collector's decision, dated May 24, 1961, annulled the settlement without affording the appellants an opportunity to be heard, contrary to the requirements under Section 4(h) of the Act— The High Court’s validation of the Additional Collector’s order, based on the Deputy Collector’s recommendations, was deemed incorrect— The Supreme Court held that the Deputy Collector’s report was merely a recommendation and not a final order— Thus, the app...

Central Excise Rules, 1944 - Rule 151, Rule 160, Rule 223, Rule 32, Rule 40—Appeal, arising from the Punjab High Court's order dated April 8, 1964, addresses challenges to multiple orders under the Central Excises and Salt Act, 1944— The appellants, engaged in tobacco business, contested several orders related to duty demands and penalties for tobacco substitution and shortages— Key issues included the legality of inspections, adequacy of procedural safeguards, and the propriety of orders issued by various authorities— The appellants claimed irregularities in inspection procedures and procedural unfairness, arguing that they were not given a fair opportunity to contest the findings or cross-examine witnesses— The Supreme Court found no substantial irregularity in the proceedings, noting that detailed orde...

Criminal Procedure Code, 1898 (CrPC) - Section 156(3), Section 190, Section 190(1), Section 206, Section 207, Section 4(1)—Trial and subsequent acquittal of respondents in separate Sessions cases, had the right to seek special leave to appeal under Section 417(3) of the Criminal Procedure Code (CrPC)— The High Court had dismissed Bhimappa's petition, ruling he lacked locus standi— The Supreme Court found this order erroneous, affirming that a complainant can invoke Section 417(3) if the acquittal results from a case instituted upon their complaint— The Court noted that Bhimappa's complaint led to charges being framed and tried separately, thus entitling him to special leave for the appeal— The Court's decision does not address the specifics of whom the special leave can be sought against but manda...

Hindu Law of Inheritance (Amendment) Act, 1929 - Section 3—Interpretation of the Hindu Law of Inheritance (Amendment) Act, 1929 (Act II of 1929) concerning its applicability to Hindu males dying intestate before the Act's commencement— The core issue was whether the Act applied solely to cases of Hindu males dying intestate on or after February 21, 1929, or also to cases where the male died before this date but was succeeded by a female heir who died after the Act's commencement— The Court affirmed that the Act applies to cases where the last male holder died before February 21, 1929, if succeeded by a female heir who died after the Act came into force— The succession to such estates should be considered to open upon the death of the female heir— The Court upheld the Letters Patent Bench's decisio...

Criminal Procedure Code, 1898 (CrPC) - Section 410—Reviewed the High Court of Bombay's summary dismissal of the appellants' appeal against a Sessions Court judgment— The appellants—Dnyanu, Tukaram, and Hariba—were convicted under Sections 302/34, 326/34, and 323/34 of the Indian Penal Code and sentenced to life imprisonment, with additional sentences for other offenses— The prosecution's case alleged that the appellants attacked the deceased, Dnyanuba Gadade, and others after a previous altercatio— The appellants claimed self-defense, asserting they were attacked by the deceased's party with sticks and stones— The High Court dismissed the appeal without providing reasons— The Supreme Court emphasized that the High Court should have addressed the substantial and arguable point...

Criminal Procedure Code, 1898 (CrPC) - Section 162, Section 410, Section 418, Section 479A—Appellant, convicted under Section 302 read with Section 34 of the IPC for the murder of two individuals, argued that the High Court’s rejection of his appeal lacked justification and transparency— Key issues included whether the appellant's conviction was valid despite the acquittal of his co-accused and whether the evidence concerning alleged intimacy was properly considered—The Court emphasized that while appellate courts have the power to dismiss appeals summarily, they must provide reasons if the appeal raises arguable and substantial points of law or fact— The summary dismissal by a single word without detailed reasons was deemed insufficient— Consequently, the Supreme Court remanded the case to the High...

Citizenship Act, 1955 - Section 18, Section 9—Principles of natural justice in rejecting the appellant’s representation under Section 9(2) of the Citizenship Act, 1955— The appellant, born in India but temporarily in Pakistan, obtained a Pakistani passport and visa to return to India— When the Indian Government initiated deportation proceedings, the appellant claimed Indian citizenship and requested a personal hearing and opportunity to present oral evidence—The Court held that the principles of natural justice were not breached— The appellant's representation was reviewed under Section 9(2), a quasi-judicial process where adherence to prescribed rules of evidence is required— The appellant’s voluntary acquisition of a Pakistani passport, as conclusive proof of obtaining foreign citizens...

Penal Code, 1860 (IPC) - Section 149, Section 302, Section 324, Section 426, Section 447—Partly allowed an appeal by acquitting some accused of specific charges while upholding the conviction of others— The appellant, along with several others, was convicted for the murder of Ram Prasad and various assaults under Sections 302/149 and 324 of the Indian Penal Code— The High Court had modified the death sentence of one accused to life imprisonment and confirmed the convictions and sentences for the remaining accused—The Supreme Court reviewed the High Court's findings, focusing on the applicability of Section 149 IPC, which deals with crimes committed by members of an unlawful assembly in pursuit of a common object— The Court noted that the common object of the assembly was to commit murder, assault, and oth...

Criminal Procedure Code, 1898 (CrPC) - Section 162, Section 410, Section 418, Section 479A—Convicted under Section 302 read with Section 34 of the Indian Penal Code for the murders of Revansidhappa Shivappa Patil and Mahadeo Sidran Patil, challenged his conviction in the High Court of Bombay— The High Court dismissed the appeal summarily and later refused to grant leave to appeal to the Supreme Court—The Supreme Court reviewed the principles governing the dismissal of criminal appeals, emphasizing that summary dismissals without detailed reasons for rejecting arguable and substantial points are improper— In this case, the appellant's contentions included claims that his conviction under Section 34 was invalid due to the acquittal of his co-accused, and challenges to the evidence presented— Given the impor...

Companies Act, 1913 - Section 202—Appeal by special leave arises from the Bombay High Court's decision on Appeal No— 113 of 1969 against the order of Kantawala, J—, which admitted and directed the advertisement of a winding-up petition filed by the Registrar of Companies against the appellant company— The appellant's request for an adjournment was denied, and the petition was set for advertisement— The appeal was summarily dismissed by the appellate bench, leading to this special leave petition—The Supreme Court held that the Bombay High Court's appellate bench erred by summarily dismissing the appeal, noting that under Rule 966-A of the Bombay High Court Rules, appeals should be admitted and heard on merits if not otherwise specified— The Court did not address other contentions but se...

Essential Commodities Act, 1955 - Section 7—Bihar Foodgrains Dealer's Licensing Order, 1966, was prosecuted under Section 7 of the Essential Commodities Act for violating Clause 3 of the Order, which mandates licensing for wholesale and retail foodgrain dealers— Tekriwal was convicted and sentenced to six months of rigorous imprisonment, with the foodgrains forfeited to the State— His appeal and revision were unsuccessful— The appellant contended that he was an agriculturist and not subject to the Order’s presumption that foodgrains were stored for sale— The Court held that Tekriwal had successfully proven his status as an agriculturist through lease-deeds, receipts, and witness testimony— Consequently, the presumption under para 3(2) of the Order was inapplicable, leading to the overturning o...

Jammu and Kashmir Civil Services (Classification, Control and Appeal) Rules, 1956 - Rule 24—Constitution— Baqual, a graduate who joined the Jammu & Kashmir Secretariat service as a clerk in 1946, was later promoted to various posts including Personal Assistant to the Chairman of the Legislative Council and subsequently to an Under-Secretary— He claimed seniority and promotion rights to the Deputy Secretary grade based on his appointment as Personal Assistant, equated with an Under-Secretary under the Jammu & Kashmir Legislative Council Secretariat (Regulation and Conditions of Service) Rules, 1959—The Court found that Baqual’s position as Personal Assistant, though carrying a higher pay scale, did not affect his substantive seniority as a Superintendent— The appeal was dismissed as Baqual's ...

Contract Act, 1872 - Section 72—Appeal contests a judgment by the Calcutta High Court, which reversed a trial court's decision that had dismissed the respondents' suit for rent arrears— The case concerns rent payments for premises leased by the Government of India— The appellants claimed they overpaid rent under the West Bengal Premises Rent Control (Temporary Provisions) Act, 1950, due to a mistake— The trial court agreed, dismissing the suit, but the appeal court reversed the decision, citing the appellants' failure to apply for adjustment under Section 7 of the Act— The appeal court emphasized that the tenant must apply to the Rent Controller within six months of overpayment for adjustment or refund— It rejected the applicability of Section 72 of the Contract Act, finding no mistake in pa...

Criminal Procedure Code, 1898 (CrPC) - Section 181, Section 182, Section 185—Appeal was granted and the appeal was heard regarding an order by the High Court of Calcutta, which had quashed the framing of charges by the Chief Presidency Magistrate against the first respondent under Section 406 I—P—C— The High Court's decision was based on a claim that the Chief Presidency Magistrate lacked territorial jurisdiction, as the offence of criminal breach of trust was alleged to have occurred outside his jurisdiction— The Supreme Court found that the High Court erred in not addressing the jurisdictional uncertainty noted by a lower court and in failing to determine the correct jurisdiction for trial— The Supreme Court held that the Chief Presidency Magistrate was competent to try the case and remanded the m...

Sea Customs Act, 1878 - Section 167(8)—Appeal, the legal representatives of the deceased Hazarimal Shah challenge the Madras High Court's judgment, which reversed the Single Judge's decision to quash an Assistant Collector's order— The Assistant Collector had ordered the confiscation of electric bulbs imported by Hazarimal, classifying them under Entry 38-A(e) of the Sea Customs Act, 1878, rather than Entry 38-A(f), for which Hazarimal had a licence— The High Court's Division Bench held that the classification issue was factual and not amenable to judicial review for error apparent on the record— The appeal contended errors in the Assistant Collector's reliance on a previous warning and a 15% import restriction, but these claims were deemed unfounded— Additionally, no proof was provided th...

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Penal Code, 1860 (IPC) - Section 34, Section 406, Section 409, Section 424—Appeal by special leave, the appellant challenges the Calcutta High Court's judgment of 7 June 1967, which refused to quash proceedings under Section 406 of the Indian Penal Code against him— The appellant and the respondent had entered into a partnership agreement on 27 March 1963, for a business named "Allied Engineers"— Disputes arose, leading the respondent to accuse the appellant of dishonestly withdrawing Rs— 92,000 from the partnership's account— The appellant argued that the partnership disputes should not result in criminal proceedings and contended that the Additional Chief Presidency Magistrate lacked jurisdiction as the alleged offence occurred outside his jurisdiction— He relied on precedents arguin...

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Companies Act, 1913 - Section 156, Section 156(1), Section 158, Section 162, Section 166, Section 184, Section 185, Section 186, Section 235—Addressed the reversal by the Madhya Pradesh High Court’s Division Bench of a Company Judge’s order regarding the Vikram Sugar Mills Ltd— liquidation— Respondent No— 1, challenging the adequacy of consideration for 18,000 shares valued at Rs— 18 lakhs, alleged the shares were not fully paid due to the undervaluation of land transferred by Appellant No— 1, Alote Estate— The Company Judge had ruled that in winding-up proceedings, the adequacy of consideration for fully paid shares could not be contested without fraud— The Division Bench had ordered an inquiry based on the possibility of undervaluation— The Supreme Court held that, absent...

Companies Act, 1913 - Section 162, Section 166—Involves the challenge of a division bench judgment of the Madhya Pradesh High Court, which reversed a Company Judge's order concerning a winding-up case of Vikram Sugar Mills Ltd— (under liquidation)— The controversy centered on whether the consideration for 18,000 shares, valued at Rs— 18 lakhs, was fully paid by the appellants, who held these shares— Appellant No— 1, Alote Estate, had transferred 6,000 acres of land to the company in exchange for these shares, which were later adjusted as 9,000 shares due to a company resolution— Respondent No— 1, a former director and managing agent, alleged the shares were not fully paid as the land's value was questioned— The Company Judge held that, absent fraud, inadequacy of consideration ...

Appeal, the issue is whether the deduction of Rs. 3,000 from the respondent’s provident fund by the Union of India, following a shortage found during his tenure as Station Master, was authorized by law. The deduction was made under Rule 1341 of the Railway Provident Fund Rules, which permits deductions for liabilities incurred by the subscriber to the Government. The respondent, who disputed his liability, argued that there is no statutory provision allowing the Government to resolve disputes over such liabilities. The High Court ruled that the deduction was impermissible as it was arbitrary and lacked statutory authority for dispute resolution. The Supreme Court upheld the High Court’s decision, finding that the Government cannot adjudicate its own claims in the absence of specific statutory provisions. Consequently, the appe...

Constitution of India, 1950 - Article 130, Article 136, Article 20—Appeal, Chandra Bhal contests his conviction under Section 302 IPC for the murder of Lauwa, asserting prejudice due to separate trials for incidents connected to the same transaction— Chandra Bhal was sentenced to life imprisonment by the trial court, which acquitted his co-accused— The High Court upheld the conviction— The appellant argued that the separate trials for related incidents unfairly prejudiced his defense, particularly since his acquittal in other cases on grounds of self-defense should have influenced the current case— The Court held that the separate trials were legally permissible and did not constitute prejudice— It found no issue of estoppel affecting the current trial and concluded that the separate trials, based on di...

Penal Code, 1860 (IPC) - Section 395, Section 411, Section 412—Challenge their conviction under Section 395 of the Indian Penal Code for dacoity and the corresponding sentence of five years' rigorous imprisonment and a fine of Rs— 1,000— The appellants were among 20 convicted for a dacoity on July 28, 1962, involving the theft of cloth from two carts— The conviction was based on evidence of stolen cloth found in their possession— The appellants argue that the evidence only supports a presumption of receiving stolen property under Sections 411 or 412 IPC, not dacoity— The Court held that possession of stolen property, especially when found shortly after the crime, can imply involvement in the crime itself if there is additional evidence connecting the accused to the dacoity— Given the large qua...

Industrial Disputes Act, 1947 - Section 10(1)—Appeal, the Supreme Court examined the validity of a Labour Court award reinstating respondent 3, a former Head Clerk with the Rajya Transport Authority, and directing compensation for alleged wrongful termination— The key issues included whether respondent 3 was a 'workman' under the Industrial Disputes Act, if the termination was punitive or a simple discharge, and whether the successor corporation, established post-termination, was liable for reinstatement and compensation— The Court upheld the Labour Court’s finding that the termination was punitive and required adherence to procedural fairness— It also confirmed that the appellant corporation, as the successor-in-title, inherited both the powers and liabilities of the Rajya Transport Authority— ...

Criminal Procedure Code, 1898 (CrPC) - Section 410, Section 418, Section 421—Appellants were jointly convicted of rioting and attempting to murder Vithalrao Khanderao Deshmukh under Sections 147, 149, and 307 read with Section 34 of the Indian Penal Code— The trial court sentenced them to six months of rigorous imprisonment and a fin— On appeal, the High Court admitted the appeal of Kondu son of Ambu but dismissed the appeals of the other four appellants in limine, citing no arguable points— The Supreme Court observed that the summary dismissal of the four appellants' appeals was improper since it involved arguable issues and required consideration of their case in conjunction with Kondu’s appeal— The Court emphasized that dismissing appeals summarily without addressing the points raised impairs the...

Limitation Act, 1963 - Section 6—Bhurchi, left behind his wife Hukmi and son Buta Singh— Buta Singh's estate devolved to his widow Nand Kaur upon his death in 1930— After Nand Kaur's remarriage in 1945, Hukmi, now holding the estate, became the estate's sole legal claimant— Gian Kaur, Buta Singh's daughter, filed a suit in 1956 seeking possession of the estate, claiming it devolved to her post-Nand Kaur’s remarriage— The trial court and District Judge dismissed her claim, but the Punjab High Court granted her decree— The appellants, representing Hukmi's legal heirs, argued that the claim was time-barred— The Supreme Court rejected this argument, noting that Gian Kaur's right to the estate arose in 1945 when Nand Kaur remarried— As she was a minor then, the suit ...

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Uttar Pradesh Pradeshik Armed Constabulary Act, 1948 - Section 6(a)—Constables who deserted their posts under identical circumstances— The appellants, recently recruited trainees, abandoned their duties citing their wives' illnesses as defense, leading to convictions under Section 6(a) of the U—P— Pradeshik Armed Constabulary Act, 1948— Despite similar offenses and defenses, the sentences imposed were notably different: the appellant received 7 years' rigorous imprisonment, while the co-accused was sentenced to 4 years' rigorous imprisonment— On appeal, the High Court judges, sitting separately, imposed inconsistent reductions—one reducing the appellant’s sentence to 4 years, while the other reduced the co-accused's sentence to 3 months— This disparity highlighted the n...

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Constitution of India, 1950 - Article 132(1), Article 134(1)(c)—Appeal under Articles 132(1) and 134(1)(c) of the Constitution, Jethamal Nihal Chand Jain challenged his conviction under the Defence of India Rules following a raid that uncovered contraband gold in his possession— Jain was acquitted of charges under the Customs Act but convicted under the Defence of India Rules for failing to declare the gold— Despite Jain’s claim that the gold and almirah belonged to his employer and that he was merely an employee, the courts found that Jain had exclusive possession of the room, keys to the almirah, and thus dominion over the gold— The constitutional question addressed was whether the gold bonds scheme, which provided a declaration option to avoid prosecution, discriminated against those prosecuted without thi...

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Constitution of India, 1950 - Article 138, Article 138(1)—Advocates Act, 1961—Section 38—Appeal—Procedure—Absence of requirement to seek special leave from the Supreme Court—Placement of appeal for preliminary hearing and disposal under Supreme Court Rules does not curtail statutory right of appeal—Interpretation of Statutes—Legislative competence—Determination—Rule against rendering a power nullity—Effect of—In construing entries in the legislative lists, it is presumed that the distribution of powers was not intended to create conflicts—A general power should not be interpreted to nullify a specific power within the same legal framework, particularly when a narrower interpretation of the general power preserves the specific power's ordinary meaning—A...

Civil Procedure Code, 1908 (CPC) - Section 80—Around factual disagreements rather than substantial questions of law or legal principles, the grant of a certificate for appeal is not permissible— The matter in question involved an order directing the filing of a complaint based on a finding that a prima facie case was made out— It is crucial to note that such an order is not considered a final order but rather a preliminary step in the legal process— As it does not resolve the dispute conclusively or address significant legal principles, the appeal for a certificate to challenge this order is unjustifiable— The court emphasizes that certificates for appeal are intended for cases involving substantial questions of law or legal principles, not merely factual disputes or preliminary orders— Thus, without a ...

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Constitution of India, 1950 - Article 134, Article 134(1)(c)—Challenges the Sessions Judge's order postponing the entire trial because one accused, Purushottam, was found to be of unsound mind— The trial, which began on 18-9-1967, had to be adjourned on 22-9-1967 due to Purushottam's mental condition— By 4-10-1967, Purushottam's condition was deemed unsuitable for trial, and he was observed at a mental hospital— Despite a request to separate Purushottam's trial from the other accused, the Sessions Judge decided to postpone the entire trial until a government report was received under Section 466 of the Criminal Procedure Code—The applicants argue that Section 465 of the Code requires postponement of only the trial concerning the mentally unsound accused, not the entire trial— The Court a...

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Penal Code, 1860 (IPC) - Section 363, Section 366, Section 368—Sentenced to three years' rigorous imprisonment for Section 363 and two years for each of the other sections, with sentences running concurrently— On appeal, his conviction under Sections 363 and 368 was overturned, leaving only the conviction under Section 366 IPC, with a reduced sentence of two years— The appellant, along with Phullan, had forcibly taken Mundrawati, a minor, from her village to Agra, which led to the charges of kidnapping— The prosecution established that Mundrawati did not voluntarily leave her guardianship but was taken by force or inducement— Despite the appellant’s argument that the sentence was too harsh, the court found it appropriate given the nature of the offense and the minor's involuntary departure from ...

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Criminal Procedure Code, 1898 (CrPC) - Section 439—Bombay's decision in Criminal Review Application No— 763/64, which confirmed the Appellant's conviction under Sections 304-A and 337 IPC for causing death and injury by rash driving— Initially, the Additional Chief Presidency Magistrate sentenced the Appellant to a fine of Rs— 2,000 for causing death and Rs— 200 for causing injury— The High Court enhanced the sentence to six months' imprisonment and a fine of Rs— 200— The prosecution established that the Appellant failed to notice the victims, who were crossing at a pedestrian crossing, due to his gross negligence— Although the High Court found the Appellant's driving speed within legal limits, it deemed his actions grossly negligent— The Supreme Court found that ...

Criminal Procedure Code, 1898 (CrPC) - Section 439—Decision enhancing the appellant's sentence for causing death by negligence under Section 304-A IPC and causing hurt under Section 337 IPC. The appellant was convicted for running over two sisters, resulting in one’s death and the other’s injury. The trial magistrate imposed a fine of Rs. 2,000 and Rs. 200, respectively, but the High Court increased the fine and imposed six months' imprisonment. The Supreme Court upheld the conviction but found the enhanced sentence excessive. The Court clarified that while the appellant's conduct was negligent, it did not constitute rash driving. Since the trial court's sentence of a fine was deemed adequate for the level of negligence, the Supreme Court restored it, setting aside the High Court’s revised sentence....

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Criminal Procedure Code, 1898 (CrPC) - Section 342, Section 410, Section 418, Section 421, Section 479A—Challenged the conviction before the High Court of Bombay— The High Court dismissed the appeal summarily without addressing substantial issues raised— The Supreme Court, granting special leave to review only the summary dismissal, found that the High Court erred in summarily rejecting the appeal— Key issues included the reliance on inadmissible evidence from a co-accused and non-compliance with procedural requirements under Section 479-A of the Code of Criminal Procedure— The Supreme Court determined that the appeal raised significant and arguable points, warranting a detailed examination— Consequently, the Supreme Court set aside the High Court's order and remanded the case for fresh consideratio...

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Criminal Procedure Code, 1898 (CrPC) - Section 162(161), Section 173, Section 337, Section 337(1), Section 337(2), Section 338, Section 339—Considerations to ensure justice and effectiveness in prosecution— Typically, it is the prosecution's responsibility to identify and request a pardon for a specific accused if their testimony is deemed crucia— Even if an accused directly requests a pardon from the Special Judge, this request must first be referred to the prosecuting agency— The Special Judge, acting on behalf of the prosecution, should not independently decide on granting pardon without the prosecution's agreement— The Special Judge must ascertain the likely testimony of the accused, their level of complicity, and the impact on co-accused— The power to tender pardon is not solely at the disc...

Motor Vehicles Act, 1939 - Section 47—Appeal by special leave, reviewed the Allahabad High Court's dismissal of the appellant's writ petition challenging the State Transport Authority's (STA) order dated March 20/21, 1963— The STA had rejected the appellant's revision petition against the Regional Transport Authority's (RTA) decision to limit the number of stage carriages under section 47(3) of the Motor Vehicles Act, 1939— The High Court agreed with the STA that such orders were not subject to revision under section 64-A of the Act, as they were not directly appealable and were not considered quasi-judicial— The Court held that existing operators could be affected by the limits set and thus had a right to seek revision— However, given the lapse of time and lack of evidence of clear errors...

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