1. Toll fee on National Highway – Non-maintainability of roads as per standard prescribed – Right of Road-user/ citizen -- Writ jurisdiction – Pendency of arbitration proceedings respondent-parties – Effect of -- Petitioner is a road user and he is paying toll fee whenever he travels from Madurai to Tuticorin or from Tuticorin to Madurai despite the fact that the said highway road is not being maintained as per the standards prescribed under the NHAI Act, 1988 -- Pendency of arbitration proceedings is not a ground to reject the writ petition, since the National Highways Authority of India is under obligation to maintain the highways properly and thereafter, collect toll fee from the road users -- Instead, they are maintaining the highway road in a bad condition – Held, collection of toll fee is impermissible and the road users are entitled for a good conditioned National Highways and then alone they are liable to pay toll fee -- Respondents 1 to 4 directed not to collect toll fee from the citizens / road users, who are travelling from Madurai to Tuticorin or from Tuticorin to Madurai till such time, the highways road is re-laid or maintained as per the standards prescribed under the NHAI Act, 1988. (Madras HC) Decided on: 03.06.2025

2. Arrest of accused – Non-production before Magistrate – Regular bail – Right of -- Petitioner admitted in hospital for last 45 day after the date of his arrest – His status is not of a free person but of an arrestee -- No order u/s 187 BNSS was passed by the Magistrate -- In absence of any order of remand beyond the period of 24 hours from the time of his arrest, his arrest gets vitiated on completion of 24 hours in custody -- Since such non-production of the petitioner, even through video conferencing mode, beyond 24 hours in custody amounts to violation of Article 22(2) of the Constitution of India, his fundamental right to liberty guaranteed under Article 21 of the Constitution of India is also violated and, on that count, the petitioner is entitled to go on bail – Bail allowed. (Gauhati HC) Decided on: 02.06.2025

3. Motive – Circumstantial evidence -- Motive is something that is very difficult to prove as it remains hidden in the deep recess of the mind of the person concerned and in the absence of any open declaration by the person concerned himself, the motive has to be inferred from the activities and conduct of the person -- While proof of motive certainly strengthens the prosecution case based on circumstantial evidence, failure to prove the same cannot be fatal. (SC) Decided on: 30.05.2025

4. Compensation in railway accident – Deceased purchased ticket before midnight traveling after midnight – Validity of railway ticket -- Bonfide passenger -- RCT dismissed the claim petition – Deceased did not board the train that arrived prior to midnight as it might be overcrowded and he did not feel safe to travel on that train along with his sister and her child – Deceased fell from a moving train and sustained fatal injuries – Ticket remained valid for 24 hours from the time of issuance -- In the absence of any explicit stipulation on the face of the ticket or any statutory prescription to the contrary, it cannot be presumed that the validity of the journey ticket expired at midnight -- Respondent/ railway cannot absolve themselves of their liability in terms of Section 124A of the Act -- Appeal allowed, the appellant made entitled to a statutory compensation of Rs. 8,00,000/- payable with interest of 12% per annum from the date of accident i.e. 04.10.2017 till its realization. (Delhi HC) Reserved on: 19.05.2025 Decided on: 30.05.2025

5. Rape – Promise to marry – Quashing of FIR -- No material on record to substantiate the allegations of cheating or sexual intercourse under a false promise of marriage – de-facto complainant is a highly educated woman aged 30 year, in the chat, she admitted that she was manipulative and was trying to “get a green card holder” -- It would not be difficult for her to trap the next one -- She would not waste time with the accused appellant and needs to “invest on the next victim” -- She would irritate her victims to the extent that they dump her, and she could happily start with the next one -- She also stated that she was using the accused-appellant -- Accused/ appellant was absolutely justified in panicking and backing out from the proposed marriage upon coming to know of the aggressive sexual behaviour and the obsessive nature of the de-facto complainant -- It cannot be said that the offence was committed by appellant/ accused with the de-facto complainant on the ground that she belonged to the Scheduled Castes/Scheduled Tribes community – FIRs and all proceedings consequence thereof quashed in entirety. (SC) Decided on: 29.05.2025

6. Divorce – Maintenance to son aged 26 years -- Court not inclined to direct any further mandatory financial support -- However, it is open to the respondent-husband to voluntarily assist him with educational or other reasonable expenses. (SC) Decided on: 29.05.2025

7. Cancellation of bail -- Concerted attack on the complainant’s house was launched on the day of election results with the sole objective of wreaking vengeance because he had supported the saffron party -- Complainant’s wife was viciously pulled by the hair and was disrobed -- Accused persons were about to assault her sexually when the lady gathered courage to pour kerosene on her body and gave a threat of self-immolation on which the accused persons including the respondents herein fled away from the complainant’s house -- Charge-sheet filed way back in the year 2022 and till date, the trial has not budged an inch -- Prosecution has alleged that this delay is mostly attributable to non-cooperation by the accused persons including the respondents -- On both counts, i.e., (i) the nature and gravity of the offence which is nothing short of an attack on the roots of democracy and (ii) the imminent likelihood of the accused adversely affecting a fair trial, the bail granted to the accused respondents has to be cancelled -- Bail cancelled. (SC) Decided on: 29.05.2025

8. Quashing of criminal proceedings -- Cheating, forgery and corruption in bank loan – OTS with Bank – Effect of – Dispute culminated in a comprehensive One Time Settlement under which the Bank has received the entire outstanding amount -- Recovery proceedings before the tribunal have been dismissed as settled and no residual claim survives -- Bank has not raised any objection to the closure of the matter and has issued formal acknowledgments of satisfaction -- In identical proceedings the charge sheets quashed – Settlement having taken place after the alleged offence and there being no continuing public interest, the Court saw no justification for allowing the matter to proceed further found appropriate to quash the proceedings -- Appeals allowed. (SC) Decided on: 28.05.2025

9. Rejection of plaint – Appeal against – Temporary injunction – Legality of -- Where an appeal is filed by being aggrieved by the rejection of a plaint in exercise of powers under Order VII Rule 11 CPC, the High Court ought not to have granted an order of temporary injunction -- When the plaint itself has been rejected, it cannot be said that the appeal filed against such an order is a continuation of a suit -- Until it is revived / restored, an order of temporary injunction cannot operate against the defendant in the suit. (SC) Decided on: 27.05.2025

10. Appointment of Arbitrator without consent – Possession of hypothecated vehicle -- Misusing the arbitration mechanism – Writ jurisdiction -- Respondent appointed a private person as an Arbitrator without the consent of the other party – Respondent indulged itself in misuse of the Act, obtained so-called order from a unilaterally appointed Arbitrator for repossession of a vehicle using police help -- Actions on part of respondent by involving the jurisdictional police, abusing the process of law, misusing the arbitral mechanism would entitle High Court to exercise its powers under Article 226 and 227 of the Constitution of India to render effective justice to the Petitioners who have been deprived of their rights, by the above misuse on part of respondents -- If a Constitutional Court does not come to the rescue of the Petitioners, that would amount to denial of justice to the Petitioners, which cannot be countenanced under any law – Held, Writ Petition is maintainable. Director General of Police directed to appoint a suitable officer not below the rank of Superintendent of Police to conduct an enquiry into the manner in which the above proceedings were held and submit a report within a period of six weeks -- If there are any other similar complaints received necessary enquiry in regard thereto would also have to be held. (Karnataka HC) Decided on: 27.05.2025

11. NDPS Case -- Commercial quantity -- Recovery of 3 Kg 500 grams of Sulfa (charas) – Regular bail -- FIR on secret information -- Alleged recovery from the public place -- Petitioner is behind bars for 01 year, 05 months and 02 days -- No criminal antecedents as he is not involved in any other case – Accused has a right of speedy trial -- Only 02 prosecution witnesses have been partially examined, out of total 17 prosecution witnesses -- Veracity of the allegations would be assessed only after the conclusion of the trial – Bail allowed. (P&H HC) Decided on: 23.05.2025

12. Welfare of Street Vendors – Medical and insurance facility to street vendors -- Duty of Municipal Corporation -- Street vendors and their families, who are depositing fee with the Municipal Corporation for the certificate being given to them for vending, also need to be provided some social protection -- Amount so recovered by the Municipal Corporation should, therefore, be used for their benefits alone and should be kept in a separate budget head, and as a suitable insurance for them, including medical facilities, should be provided by the Municipal Corporation, U.T. Chandigarh, and Rules in this regard should be framed -- Municipal Corporation, U.T. Chandigarh, should set up a particular cell of Inspectors/ Officers to regulate that there is no misuse of the Vendors’ Act so that genuine people may not be harmed. (P&H HC) Decided on: 23.05.2025

13. Appointment as judicial officer -- Employment by irregular or improper means -- Non-disclosure of former government service – Effect of -- Appellant submitted her resignation as teacher on 25.10.2018 much prior to her interview, which was conducted on 02.11.2018 -- Question of disclosing the past government service is certainly not a material irregularity or a serious misconduct for which she ought to be discharged from service especially when she has successfully completed her training without any blemish -- Not a case where the appellant has suppressed criminal antecedents, which may materially affect her commitment to the judiciary – Held, non-disclosure of past government service cannot be a ground for discharging the appellant -- Show cause notice as well as the order of discharge set aside. (SC) Decided on: 22.05.2025

14. Cheque bounce complaint – Vicarious liability of Director of company -- Role of Director – Pleadings in complaint – Requirement of -- Administrative role of each director would be within the special knowledge of the company or the director of the firm and it is for them to establish that they were not in charge of the affairs of the company -- There is no obligation on the complainant to plead in the complaint as to matters within the special knowledge of the company or the directors or firm about the specific role attributed to them in the company. (SC) Decided on: 22.05.2025

15. FIR for defamation – Permissibility of -- Whether there can be a Chargesheet u/s 500 IPC -- Procedure for initiating any Complaint for defamation, has been specifically provided u/s 199 Cr.P.C – FIR could not have been registered u/s 500 IPC, in view of the express bar u/s 199 Cr.P.C. -- Cognizance for the offence u/s 500 IPC could have been undertaken only on a Complaint u/s 200 Cr.P.C filed by the “Person Aggrieved”; no cognizance for the offence u/s 500 IPC can be taken on an FIR -- Furthermore, even the contents of the Complaint; do not prima facie establish any case of defamation -- Summoning Orders set aside. (Delhi HC) Reserved on: 06.02.2025 Decided on: 22.05.2025

16. Abatement of suicide – Discharge of accused -- No normal person could have imagined that a scolding, that too based on a complaint by a student, would result in such tragedy due to the student so scolded taking his own life -- No mens rea can be attributed to the appellant much less, with regard to abatement of suicide committed by the deceased -- Appeal allowed, order framing charge against the appellant under Section 306 of the IPC set aside. (SC) Decided on: 22.05.2025

17. NDPS – PMLA – Discharge in NDPS case – Continuity in Money laundering offence – Permissibility of -- Money laundering itself is a separate crime, distinct from the original (or scheduled) offence like corruption, drug trafficking, fraud, etc. -- Even if the scheduled offence is tried under Indian Penal Code, Narcotic Drugs and Psychotropic Substances Act, 1985 Act, etc., money laundering is prosecuted separately under PMLA -- Offence u/s 3 is dependent on the scheduled offence, but it is a separate and independent offence once the activity of laundering begins -- Mere discharge or quashing of a FIR by a competent court does not automatically result in the quashing of an Enforcement Case Information Report (ECIR) filed under the Prevention of Money Laundering Act, 2002 -- Discharge in the predicate offence may influence the procedures under the PMLA; however, it cannot be regarded as an automatic or definitive basis for nullifying the ECIR. (J&K&L HC) Reserved on: 24.03.2025 Pronounced on: 22.05.2025

18. Disciplinary proceedings -- Vagueness of charge-sheet – Ground of -- Chargesheet contain the charges against the Appellant supported by documents -- Charge against the Appellant was that she managed to get herself transferred from Kendriya Vidyalaya, Bangalore to Kendriya Vidyalaya, Bombay under a fake transfer order -- In this respect, the language of the said chargesheet is very clear and specific -- A common man on going through the same, would understand as to what were the charges which an employee was called upon to face and defend -- She was the sole beneficiary of the said transfer order -- Plea with regard to the vagueness of the chargesheet cannot be sustained. (SC) Decided on: 20.05.2025

19. Disciplinary proceedings -- Allegation of adopting a very casual approach while sanctioning credit proposals in 16 accounts -- Respondent Bank sought the opinion of the CVC (Central Vigilance Commission) -- Even before getting the first stage advice charge sheet was served upon the appellant – Once, the first stage advice of the CVC was called, it was the duty of the respondent-Bank to consider the advice and then take a decision to serve the chargesheet – Held, actions of the respondent-Bank are mala fide and arbitrary -- Appellant was sought to be victimised at the fag end of his unblemished career of 34 years -- High Court committed a gross error by holding that Regulation 19 of the 1976 Regulations was not mandatory – Almost six years have passed since the superannuation of the Appellant – Now, at this stage, it will be unjust to allow the respondent-Bank to resume disciplinary proceedings -- Disciplinary proceedings, including the charge sheet quashed and set aside -- Appellant shall not be entitled to back wages and allowances -- Respondent Bank directed to release all retirement benefits. (SC) Decided on: 20.05.2025

20. Criminal misconduct by public servant – Corruption case -- No allegation in the chargesheet that the appellant obtained for himself or for any other person any valuable thing or pecuniary advantage -- No allegation that the appellant agreed to accept or accepted any gratification -- No allegation that he had agreed or accepted any valuable thing or had dishonestly misappropriated or converted for his own use any property entrusted to him – Held, the ‘criminal misconduct’ as provided in Section 13(1) is not attracted -- Direction to frame charge for the offences u/s 13(1)(d) read with Section 13(2) of the PC Act set aside. (SC) Decided on: 20.05.2025

21. Rejection of plaint -- Benami properties -- Whether a property is a benami, has to be considered not in the light of Section 4 of the Benami Act alone but also in connection with Sections 2 (8) and 2 (9) of the said Act i.e. whether the property if benami falls in the exception -- It is only where the property is benami and does not fall within the exception contained in Sub-Section (9) of Section 2 that a suit may be said to be barred -- However, the issue whether the property is benami and is not covered by the exception, is an issue to be decided on the basis of evidence and not simply on mere averments contained in the plaint -- Defendants have to adduce evidence to prove the property to be benami -- Plaint cannot be rejected at the stage of consideration of application under Order VII Rule 11 CPC. (SC) Decided on: 20.05.2025

22. Cheque bounce complaint – Proclamation – Attachment of property – Objections to attachment – Decisioning upon – Requirement of – Petitioner claiming to be the owner of the attached property – Magistrate framed an opinion that the objections of the petitioner would be considered only after attachment order is implemented on spot – Held, procedure adopted by learned trial Magistrate is not countenanced by law -- Impugned order set aside -- Learned trial Magistrate directed to proceed ahead and decide the objections filed by the petitioner to the attachment order most expeditiously after hearing the parties, without waiting for the compliance report of the Deputy Commissioner. (J&K&L HC) Decided on: 20.05.2025

23. Appointment/ Recruitment as Civil Judge (Junior Division) – Minimum 3 year practice as an Advocate – Requirement of -- All the High Courts and the State Governments in the country shall amend the relevant service rules to the effect that candidates desirous of appearing in the examination for the post of Civil Judge (Junior Division) must have practiced for a minimum period of 3 years to be eligible for the said examination -- Rules shall mandate that the candidate produces a certificate to that effect duly certified either by the Principal Judicial Officer of that Court or by an advocate of that Court having a minimum standing of 10 years duly endorsed by the Principal Judicial Officer of such a District or a Principal Judicial Officer at such a station -- Insofar as the candidates who are practicing before the High Courts or this Court, they shall be certified by an advocate who has a minimum standing of 10 years duly endorsed by an officer designated by that High Court or this Court -- Experience of the candidates which they have gained while working as Law Clerks with any of the Judges or Judicial Officers in the country should also be considered while calculating their total number of years of practice -- The Rules shall also mandate that the candidates who are appointed to the post of Civil Judge (Junior Division) pursuant to their selection through the examination must compulsorily undergo at least 1 year of training before presiding in a Court; -- number of years of practice completed by a candidate desirous of appearing in the examination for the post of Civil Judge (Junior Division) be calculated from the date of their provisional enrolment/registration with the concerned State Bar Council; -- said requirement of minimum years of practice shall not be applicable in cases where the concerned High Court has already initiated the selection process for the post of Civil Judge (Junior Division) prior to the date of judgment and shall be applicable only from the next recruitment process. (SC) Decided on: 20.05.2025

24. Appeal against conviction in cheque bounce complaint -- Suspension of sentence – Condition of deposit of 20% of compensation amount – Challenge to -- Ld. Lower Appellate Court suspended the sentence of the petitioner subject to depositing 20% of the compensation amount within 03 months – Held, appellate Court was required to consider whether the case falls in the exception or not -- Imposition of the condition of depositing 20% of the compensation amount set aside – Matter remanded back to the learned Lower Appellate Court with a direction to decide the matter afresh in accordance with law in the light of judgment passed by the Hon'ble Supreme Court in Jamboo Bhandari's case 2013 (12) SCALE 611. (P&H HC) Decided on: 16.05.2025

25. Allotment of land to Society registered under the Karnataka Societies Registration Act – Plaintiff-ISKCON Bangalore is a society registered under the Karnataka Societies Registration Act -- All the documents, from the application for allotment to the grant of exemption under the Urban Land Ceiling Act, indicate that the application for allotment was made on behalf of ISKCON Bangalore and that allotment was made to the said Society -- In the entire correspondence in relation to the allotment of Schedule ‘A’ property, the name of ISKCON Bangalore appears – No application was made by ISKCON Mumbai to correct the BDA record -- Even assuming that ISKCON Bangalore did not possess funds, and even if money came from ISKCON Mumbai, it cannot claim ownership -- Only because the existence of the Bangalore branch of ISKCON Mumbai was proved, one cannot jump to the conclusion that allotment of Schedule ‘A’ property was to ISKCON Mumbai through the Bangalore branch -- Sale deed was executed in favour of ISKCON Bangalore -- High Court's finding that ISKCON Mumbai, through its branch in Bangalore, was the owner of the schedule A property is completely erroneous and deserves to be set aside -- It is completely contrary to the documentary evidence – Impugned judgment of the High Court set aside. (SC) Decided on: 16.05.2025

26. Transfer of employee – Challenge to -- Writ jurisdiction -- It is settled proposition of law that scope of interference in transfer matters is very limited -- It is the employer or higher authorities who have to decide posting of employees -- The Court cannot determine place of posting of employees -- The authorities, in the interest of administration as well public interest has to transfer its employees -- Transfer is an integral part of service -- There is no evidence disclosing that the petitioner has been transferred with mala fide intention or there is violation of policy – Writ petition dismissed. (P&H HC) Decided on: 16.05.2025

27. Transfer of Divorce petition – Pathankot to Gurdaspur – Generally, the Courts lean towards the convenience of wife, in case of transfer applications, however, it is not a thumb rule -- Various other circumstances coming forth, also ought to be taken into consideration -- Two sons born from the said wedlock, who are studying in B.Sc. (Agricultural) at Hoshiarpur, as well as in 10th class are in the custody of the applicant/ wife -- Applicant herself is working as a teacher -- Interim maintenance has been fixed to facilitate the applicant to bear the expenditure of studies of both the children -- Other weighing factor is distance between the two places, which is less than 40 kilometres and there are well connected means of transport on the said route – Transfer application dismissed. (P&H HC) Decided on: 16.05.2025

28. Decree for possession with respect to a specific shop identified by the properties located in all the four directions -- Objector purchased the suit property, ten years after the decree was passed -- All the objection petitions are not required to be decided after framing the issues -- Prima facie, merit of the objection petition is to be examined by the Executing Court – Executing Court gave direction for registration of FIR against the judgment debtors and the objector -- FIR already registered by the decree holder will continue and shall remain unaffected – Objection petition dismissed, orders upheld. (P&H HC) Reserved on: 13.05.2025 Decided on: 16.05.2025

29. Transfer of divorce petition – Rohtak to Jind -- Generally, the Courts give preference to the convenience of wife in the transfer applications relating to the matrimonial disputes -- Applicant is not having any source of earning and she is taking care of the minor daughter -- Besides the same, three cases arising from this matrimonial dispute, are already pending in the Courts at Jind and the respondent is making appearance -- Transfer application allowed. (P&H HC) Decided on: 16.05.2025

30. Appointment of Court Managers – Uniform Service conditions – Rules for appointment -- All the High Courts in the country shall frame or amend the rules providing for recruitment and conditions of service of Court Managers, by taking the Assam Rules of 2018 as the model Rules, and submit it to the State Government for approval within a period of 3 months from the date of judgment -- High Courts and the State Governments would be at liberty to make suitable modifications/changes so as to suit their peculiar needs -- Upon receipt of the rules framed or amendments thereof by the High Courts, the respective State Governments shall finalise and grant approval to the same within a further period of 3 months: -- Minimum rank/ class of such Court Managers should be of a Class-II Gazetted Officer for the purpose of basic pay, allowances and other service benefits; -- Court Managers appointed in the High Courts shall work under the directions and supervision of the Registrar General/ Registrars of the High Courts. Insofar as the Court Managers appointed in the District Courts are concerned, they shall work under the supervision and control of the Registrars/Superintendents (Head of the Ministerial Staff) of the concerned courts; -- While determining the duties, functions and the responsibilities of the Court Managers, the Rules Committee of the High Courts shall ensure that their duties, functions and responsibilities do not overlap with that of the Registrars of the High Court/District Courts. (SC) Decided on: 16.05.2025

31. Theft of electricity – Penalty – Fine – Compensation -- Section 135(1)(a)(b) of ‘the Act’, gives discretion to the learned Trial Court either to impose upto one year imprisonment or fine of Rs.5,000/- -- Trial Court did not sentence the Appellant to any term as imprisonment, it imposed an amount of Rs.2,70,000/- towards fine and default imprisonment -- In an audit an amount of Rs.44,850/- was arrived, as appellant has indulged in power pilferage – Held, section 135(1)(a)(b) of ‘the Act’ does not confer imposition of Rs.2,70,000/- towards fine -- Petitioner has been in jail for the past fifteen days, he is aged about 84 years at present -- If an amount of Rs.20,000/- is directed to be paid towards compensation to the Corporation, it would meet the ends of justice – After the compensation of Rs.20,000/- is paid by the Appellant, Appellant be released forthwith. (AP HC) Decided on: 16.05.2025

32. Compensation in motor vehicle accident case -- Consortium to parents/ Children -- Compensation for loss of consortium to the children and the parents awarded by Tribunal, upheld. (SC) Decided on: 15.05.2025

33. Reservation in Public appointment – Certificate of caste – Requirement of -- Irrespective of whether an aspirant for public employment belongs to a particular community like SC/ ST/ OBC, the status claimed by him for being accorded the benefit of reservation is per se not decisive -- Such status has to be certified by the competent authority upon following due process and identification that the aspirant is what he claims to be -- Requirement in question is no less mandatory and must be scrupulously followed -- Once a process of recruitment is set in motion, all aspirants are entitled in law to equal treatment -- There cannot be different yardsticks for different sets of aspirants -- Non-compliance with the terms of the advertisement/ notification is bound to trigger adverse consequences of rejection of the aspirant’s claimed status by the selecting body/ appointing authority, should he choose not to adhere to the same. (SC) Decided on: 15.05.2025

34. Conviction in cheque bounce complaint – Settled amount paid to bank -- Respondent-Bank shown no objection to compounding of offence -- Object and purpose of enactment is to provide a compensatory mechanism for expeditious recovery of money as opposed to punishing the accused -- Amendment carried out in the year 2002 in the NI Act intended to make the nature of offence u/s 138 of the NI Act as a civil wrong while making it compoundable -- Conviction and order of sentence quashed/ set aside -- Petitioner acquitted. (P&H HC) Decided on: 15.05.2025

35. Compensation in motor vehicle accident case – Injury case – Just compensation -- Rs.16,34,400/- with 9% interest awarded by Tribunal by adopting the functional disability to be 100% -- Age of victim was 22 years when he was rendered almost immobile by the injuries suffered in an accident -- A prosthetic limb would cost approximately Rs.2 lakhs and it would have to be changed in every five years -- Victim would require the change of at least five prosthetic limbs in his lifetime considering his age -- Provision of wheelchair would also take approximately Rs.40,000/- which also would have to be changed every five years -- Hence, the total amount of Rs.10 lakhs for the prosthetic limbs and another Rs.2 lakhs for the wheelchair would take care of the future wellbeing of the victim -- Insurance Company to pay an additional amount of Rs.12 lakhs to the victim with simple interest @ 6% -- Amount increased in appeal of Insurance Company. (SC) Decided on: 15.05.2025

36. Additional evidence in suit -- Order 18 Rule 17 A of the CPC which provided for production of additional evidence not previously known or which could not be produced despite due diligence has already been deleted from the Code of Civil Procedure 1908 -- Thus, there is no right to lead additional evidence. (P&H HC) Decided on: 14.05.2025

37. Theft of electricity – Jurisdiction of Civil court -- Not only in respect of Section 126 and Section 127 of the Act of 2003 but also in respect of the matters falling within the ambit of Section 135 of the Act of 2003, there is complete ouster of jurisdiction of the Civil Courts. (P&H HC) Reserved on: 2.5.2025 Decided on: 14.05.2025

38. Disproportionate of assets to the income -- Appellant’s husband acquired assets (disproportionate to his income), during the check period, in appellant’s name – It is not clear, whether the appellant and her husband entered into a prior conspiracy to amass a huge bulk of wealth through bribery, but there is no doubt that after such disproportionate wealth was amassed, the appellant has been actively involved in concealing such wealth by keeping assets in her name -- By doing so, the appellant is guilty of offence of abetment falling u/s 109 IPC read with 13(2) and 13(1)(e) of the 1988 Act. (SC) Decided on: 13.05.2025

39. NDPS/ UAPA Case – Regular bail – Despite no direct recovery of contraband effected from the Appellant, the Prosecution’s case is that he played a coordinating and enabling role in facilitating the import of narcotics concealed as talc -- Investigative narrative does not rest solely on physical recovery but proceeds on the basis of conspiracy and facilitation – Absence of direct seizure is not dispositive, particularly where there exists a pattern of covert coordination, fictitious entities, and barter-based compensation – Bail declined. (SC) Decided on: 13.05.2025

40. Murder – Conspiracy -- Regular bail -- Common intention – Overt Act -- Merely because no overt act was attributed to the respondent/ accused in the F.I.R., the same cannot be the sole consideration for grant of bail -- First Information Report is not an encyclopaedia of facts -- An FIR is a starter point to set the investigation in motion -- Respondent/accused hatched a conspiracy so as to eliminate the victim and engaged a contract killer to kill the victim -- High Court failed to consider that the accused are the main accused in the matter and cannot be enlarged on bail because the other co-accused persons have been granted bail -- High Court order granting bail set aside. (SC) Decided on: 13.05.2025

41. Appointment of Arbitrator -- Bisecting the claim – Arbitrable and non-arbitrable – Permissibility of -- Held, High Court fell in error in bisecting the claim of the appellant into two parts, one arbitrable and the other not arbitrable, when it found arbitration agreement to be there for settlement of disputes between the parties -- The correct course for the High Court was to leave it open to the party to raise the issue of non-arbitrability of certain claims before the arbitral tribunal, which, if raised, could be considered and decided by it – Parties are, at liberty to take the plea of non-arbitrability of certain claims before the arbitral tribunal. (SC) Decided on: 13.05.2025

42. Appeal against conviction – Compounding after conviction in snatching case – Matter has been amicably settled between the parties -- Appeals allowed, as a result of compounding, the judgment of conviction and order of sentence under Sections 379-B, 325, 341, 34 IPC, whereby appellant sentenced to RI for five years and a fine of Rs. 10,500/- along with all consequential proceeding quashed qua the petitioners. (P&H HC) Decided on: 13.05.2025

43. uashing of FIR -- Theft – Excavation of sand by Panchayat -- Exception under Rule 4 granted to the Gram Panchayat for transportation and storage of minor minerals quarried from the Government lands for public works -- This rule cannot be interpreted to the extent that the Gram Panchayat can commit theft or can illegally excavate the sand -- State Government is the owner of every mineral and therefore the illegal excavation of the same would amount to commission of theft -- It is not the case of applicant that the sand was purchased by the Gram Panchayat and the sand in question was quarried from Govt. land in legal manner -- Court can quash the proceedings only if the uncontroverted allegations do not make out an offence -- Application dismissed. (MP HC) Decided on: 13.05.2025

44. Long pendency of FIR – Withholding of retiral benefits – Legality of -- Right of employee -- Challan was presented before the Trial Court on 08.02.2005 -- Petitioner virtually retired in July’ 2018 -- He is unable to get his retiral dues because of aforesaid FIR -- He cannot be held guilty for non-adjudication of aforesaid FIR -- The fault lies either with the Police Authorities or Public Prosecutor or Court Staff -- Respondent-State has no authority to withhold petitioner’s dues on account of pendency of aforesaid FIR -- State directed to release retiral dues of the petitioner -- If within two months, the Department is able to establish that petitioner was held guilty in aforesaid FIR, the status of retiral dues would be considered as per law. (P&H HC) Decided on: 12.05.2025

45. Corruption case -- Demand of bribe – Presumption – Tests were conducted on the hands of the Appellant which proved negative -- However, money was recovered from the rexine bag attached to the petrol tank of the Appellant’s motorcycle -- Factum of demand, in the backdrop of an element of animus between the Appellant and complainant not proved -- In such circumstances, the presumption u/s 20 of the Act would not militate against the Appellant -- Conviction and sentence set aside, extending to him the benefit of doubt. (SC) Decided on: 09.05.2025

46. Jurisdiction of Arbitration – Fraud – Criminal wrong doing – Statutory violation – Ground of -- Allegations of fraud or criminal wrongdoing or of statutory violation would not detract from the jurisdiction of the arbitral tribunal to resolve a dispute arising out of a civil or contractual relationship on the basis of the jurisdiction conferred by the arbitration agreement. (SC) Decided on: 09.05.2025

47. Contribution by employer -- Exemption from ESI contribution -- Non-availability of medical facility in area – Though the Appellant factory was said to have paid insurance to its employees under Workmen’s Compensation Act, 1923 with the Oriental Insurance Company on the premise that there was no medical services available under the Act, the same per se cannot be a ground to exempt the Appellant factory from paying the E.S.I dues – Held, appropriate Government alone can consider this aspect as it requires a fact evaluation and an independent cause of action for the Appellant -- As long as the premises is under coverage of E.S.I. Act, there cannot be any exemption for payment by the authorities constituted under the Act. (AP HC) Decided on: 09.05.2025

48. Rejection of plaint -- Plaint is not to be looked in isolation distinct from the documents relied upon with the plaint. (Delhi HC) Reserved on: 27.01.2025 Decided on: 08.05.2025

49. Suit for specific performance -- Un-registered agreement to sell with possession – Dismissal of interlocutory application filed by the appellant seeking permission to place on record a document/ agreement to sell -- Prayer of the appellant in the interlocutory application falls under proviso to Section 49 of the Registration Act which provides that an unregistered document affecting immovable property may be received as evidence of a contract in a suit for specific performance -- Proviso also enables the said document to be received in evidence of a collateral transaction -- Appellant permitted to introduce the said document. (SC) Decided on: 08.05.2025

50. Non-deposit surety bond amount – Conviction for 6 months – Challenge to -- Appellant stood surety for convict in appeal against conviction u/s 138 of NI Act – Accused not appeared -- Being a poor person, appellant was unable to pay the amount of bail bonds and pleaded guilty -- Appellate Court should have taken a lenient view -- Punishment imposed on the appellant was too harsh, disproportionate -- Courts should impose monetary penalties or should adopt other measures -- Sentence reduced to the period already undergone by him (1 month and 18 days). (P&H HC) Decided on: 08.05.2025