1. Rejection of plaint -- Limitation -- Question of limitation would be a mix question of law and fact, the same cannot be decided in an application under Order 7 Rule 11 CPC. (P&H) Reserved on: 02.04.2024 Decided on: 29.04.2024

2. Framing of additional issue of territorial jurisdiction – Application under Order VII Rule 11(d) of the CPC read with Section 166(2) of the Motor Vehicles Act, 1988 for rejection of the claim petition on the ground of lack of territorial jurisdiction dismissed -- Insisting on framing of an additional issue qua jurisdiction cannot be permitted to get the question of jurisdiction reopened since the same already stood concluded. (P&H) Reserved on: 08.04.2024 Decided on: 29.04.2024

3. Agreement with arbitration clause – Subsequent final Settlement and MOU – Arbitration clause in the original agreement would not be enforceable as this is a full and final settlement with respect to the contract and will be treated as a foreclosed document. (Delhi) Decided on: 24.04.2024

4. Implementation of injunction order – Constitution of Arbitration Tribunal -- Measures under Order XXXIX Rule 2A of the CPC for contempt of its orders, penal measures can be taken even after constitution of the Arbitral Tribunal. (Calcutta HC) Decided on: 23.04.2024

5. Matrimonial dispute -- Quashing of FIR – One FIR at Hisar – Other at Udaipur – Court deprecated this practice of state machinery being misused for ulterior motives, imposed cost of Rs. 5,00,000/- on the respondent No.2 – FIR at Udaipur quashed. (SC) Decided on: 19.04.2024

6. Annulment of marriage – Transfer of case – Kolkata to Jharkhand – Petitioner-wife has filed a petition for maintenance etc., the respondent-husband has filed the subject suit u/s 12 of the Hindu Marriage Act, 1955 for annulment of the marriage -- Grounds taken that wife is staying with her parents at Dhanbad, Jharkhand; she has no source of livelihood; she has apprehension of physical violence and mental torture in the event of visiting Alipore etc. – Case ordered to be transferred to the Family Court at Dhanbad, Jharkhand. (SC) Decided on: 18.04.2024

7. Cheque bounce complaint – Transfer of case -- Entire cause of action has arisen at Pune and only in order to harass the petitioner the complaints have been filed at Calcutta by manipulating the jurisdiction – Complaint transferred from Calcutta to Pune. (SC) Decided on: 18.04.2024

8. Allotment of distributorship – Writ jurisdiction – Delay and laches -- Writ petitioner was a rival applicant for grant of LPG distributorship – Appellant was held to be successful by and allotted distributorship by virtue of draw of lots in 2014 – Same was challenged in the year 2017 and thereby the writ petitioner had allowed his right if at all if any to be drifted away -- Writ dismissed. (SC) Decided on: 18.04.2024

9. Finalisation of consolidation proceedings – Revocation of -- Updation of records taking place in terms of Section 22 of the 'Consolidation Act, 1948' and none of the aggrieved made challenge, it acquired binding and conclusive effect -- Transfer of possessions were made to all the estate holders, inclusive of the Gram Panchayat -- Consolidation scheme not amenable to be revoked -- Orders prima facie vary and revoke the finalized consolidation scheme are in conflict with Section 36 of the 'Consolidation Act, 1948' -- Writ petition succeeds and the impugned orders quashed and set aside. (P&H) Reserved on: 20.03.2024 Decided on: 18.04.2024

10. Cheque bounce complaint – Absence of complainant -- Dismissed for want of prosecution -- Neither the complainant was present for trial nor any order directing complainant to remain present was passed on the earlier occasion – Ld. Magistrate ought to have adjourned the complaint to a later date directing the complainant to positively remain present on the next date -- Held, learned Magistrate was not justified in straight away dismissing the complaint and ordering acquittal of the accused respondents on mere non-appearance of the complainant -- Impugned order quashed and set aside -- Proceedings restored to its original number. (Rajasthan HC) Decided on: 18.04.2024

11. Additional accused – Summoning – Alibi -- Contention that it had come during investigation that the petitioner was not present at the time of the alleged occurrence cannot be a ground for the learned Trial Court to not summon a person as an additional accused u/s 319 of the Cr.P.C. -- Right of an accused to present his evidence of alibi would always be available to him during trial. (P&H) Decided on: 18.04.2024

12. Superdari of vehicle – Onerous condition – Superdari order with the condition that petitioner shall furnish sapurdari bonds in sum of Rs.1,50,000/-, along with cash security or bank guarantee of equal amount -- Condition imposed upon the petitioner, is an onerous condition -- Conditions modified. (P&H) Decided on: 16.04.2024

13. Insurance claim -- Theft of vehicle – FIR lodged -- Delay in informing insurance company – It is not the case of the petitioner-Insurance Company that the investigating agency did not take appropriate steps for tracing the vehicle or that its conclusions attributed lapse/criminal negligence on the part of the respondent No.2-applicant – Insurance Company held liable to pay sum of Rs.15 Lakhs, Rs.20,000/- as compensation and Rs.5,000/- towards litigation expenses. (P&H) Decided on: 16.04.2024

14. Compensation in motor vehicle accident case -- Driving license – Onus/ Liability of Insurance company -- Steps were required to call upon driver as a witness and asking him to produce the driving licence -- Insurance company, cannot be absolved from the liability. (P&H) Decided on: 16.04.2024

15. Right to travel is a fundamental right and there is no law depriving a person of such right -- Investigation at initial stage -- Petition allowed, petitioner permitted to travel abroad subject to the conditions. (P&H) Decided on: 16.04.2024

16. Murder – Rape – Acquittal -- Not a case of direct evidence -- Not a case of circumstantial evidence -- PW-1 and PW-2, star prosecution witnesses are parents of the deceased -- PW-2 was not present in the village when the incident occurred and PW-1/ mother has not seen the accused/ appellant committing the offence, she claims to have learnt of the complicity of accused/ appellant but no person has been identified from whom information has been received – No recovery from the accused/ appellant -- Not the case that dead body has been recovered on the pointing out of the accused/ appellant – Judgment of conviction and sentence set aside. (Allahabad HC) Decided on: 16.04.2024

17. NDPS Case – Acquittal – Independent witness – Exclusive possession -- No evidence to establish that the alleged place of recovery i.e. room where a motor was situated, was under exclusive possession, usage, or ownership of the appellant – No explanation from police officials regarding the absence of independent witnesses during the operation -- No efforts were made to establish a direct connection between the appellant and the recovered contraband material – Reasonable doubt created about the genuineness of the recovery – Appellant acquitted. (P&H) Reserved on: 03.04.2024 Decided on: 15.04.2024

18. Limitation -- Order of stoppage of three annual increments of the appellant with cumulative effect was passed on 14.06.1980, whereas suit for declaring the said order illegal, null and void was filed on 29.08.1988 after a period of eight years – Suit is hopelessly time barred – Suit dismissed. (P&H) Reserved on: 04.04.2024 Decided on: 15.04.2024

19. Appointment of Lambardar – Age of candidate -- For the appointment of Lambardar, age of the candidate is a relevant factor. (P&H) Decided on: 15.04.2024

20. Conviction in cheque bounce complaint -- Suspension of sentence – Condition to deposit 20% of compensation -- Appellate Court has not referred to the ratio laid down by Hon’ble Supreme Court in Jamboo Bhandari’s case (2023) Law Today Live Doc. Id. 18509 and no reason given – Condition of deposit set aside, Appellate Court directed to decide afresh. (P&H) Decided on: 15.04.2024

21. Co-operative Society/ Hospital – Employees of the Co-operative Societies are entitled to the benefits of the labour legislation, Minimum Wages Act, Maternity Benefit Act. (Kerala) Decided on: 11.04.2024

22. Contempt of Courts -- Court directed the Tree Officer and the Deputy Conservator of Forest to ensure that the trees are not fell or harmed in any manner -- Respondent No.2 cut the tree by presenting a forged permission letter for felling down the tree -- FIR under Sections 465/471/34 IPC lodged – Order passed by High Court violated -- Respondent No.2 held guilty of wilful disobedience of the Orders of High Court. (Delhi) Decided on: 10.04.2024

23. Compensation in motor vehicle accident case -- Insurance policy after death -- Liability of insurance company -- Insurance policy obtained after death was void and no liability arose against the insurance company to pay compensation as no judgment can be passed against a dead person -- Insurance company absolved from the payment of compensation amount. (P&H) Decided on: 10.04.2024

24. NDPS case – Confession/ Disclosure of co-accused -- Prosecution failed to prove money allegedly recovered from the possession of respondent-accused had been derived from the sale of narcotics -- Confession made by one accused cannot serve as a substantive piece of evidence against a co-accused -- Acquittal order, upheld. (P&H) Decided on: 10.04.2024

25. Black listing/ Debarment of Contractor – Deemed debarring on termination of contract – Show cause notice -- There should have been a separate Show Cause Notice issued to the concerned entity/ person with respect to debarment. (Delhi) Decided on: 10.04.2024

26. POCSO -- Permanent exemption from personal appearance – Charges framed on 14.07.2023 and only 5 PWs out of 15, have been examined so far – Personal appearance of the petitioners before the learned trial Court exempted subject to conditions. (P&H) Decided on: 09.04.2024

27. Murder case -- Superdari of vehicle -- If the vehicle remains parked in the police station for a considerable period of time, it would become unfit for being plying on the road as keeping it parked in the sun and rain could damage its tyres, colour, machinery, battery as also interiors of the vehicle -- Value of the vehicle would also diminish in such a situation – Petition allowed, vehicle ordered to be released to the petitioner/registered owner on superdari. (P&H) Decided on: 09.04.2024

28. Cost -- Argument that once the costs are imposed u/s 35B CPC it would be a condition precedent for further prosecution of the case – Held, costs if not paid can be included in the decree. (P&H) Decided on: 09.04.2024

29. Attempt to murder – Anticipatory bail -- On the contention that petitioner has not been named in the FIR, his tower location was not found at the place of occurrence, specific injuries attracting Section 307 IPC attributed to the co-accused and there is nothing on record against the petitioner in the final report filed u/s 173 Cr.P.C. against the co-accused, interim protection was granted -- Petitioner joined the investigation, interim bail order confirmed. (P&H) Decided on: 08.04.2024

30. Investment in partnership firm – Consumer complaint – Maintainability of -- Investment made by the complainant was for deriving benefit by getting an interest @ 18% per annum, therefore, it would be an investment for profit/gain -- It was a commercial transaction and therefore also would be outside the purview of the 1986 Act -- Commercial disputes cannot be decided in summary proceeding under the 1986 Act but the appropriate remedy for recovery of the said amount, if any, admissible to the complainant-respondent No.1, would be before the Civil Court -- Complaint was thus not maintainable. (SC) Decided on: 05.04.2024

31. Protection of Women from Domestic Violence Act, 2005 (43 of 2005), Section 1 -- Applicability to all religions -- Protection of Women from Domestic Violence Act, 2005 is a measure of social justice applicable to each woman irrespective of religious affiliation or social background -- The same was enacted to safeguard the rights of the victims of ‘domestic violence’ in ‘domestic relationship’. (Delhi) Decided on: 05.04.2024

32. Arbitration award – No written response to claim -- Appellants did not submit any written response to the claim submitted by the respondent-HAFED and only made oral submissions – Arbitrator awarded the claim of recovery of Rs.26.01 lakh and accepted the claim in toto -- Arbitrator did not commit any illegality in doing so, especially, once the claim was not opposed in any manner and further, the respondent was able to prove its case through evidence of its District Manager. (P&H) Reserved on: 06.02.2024 Decided on: 05.04.2024

33. Cheque bonce case – Quashing of complaint -- Though the prayer for quashing was made only as regards first and second respondents, by the impugned judgment, the complaint has been quashed in its entirety – Held, there was no reason for the High Court to quash the complaint in its entirety -- Impugned order modified. (SC) Decided on: 05.04.2024

34. Withholding of evidence -- Adverse inference – Presumption -- Failure of the plaintiff to step into the witness box to testify may enable the court to draw adverse inference if sufficient evidence has not been led -- Court may presume that the evidence which could be and is not produced would, if produced, be unfavourable to the person who withholds it -- However, it is not necessary to draw adverse inference in each and every case, even when sufficient evidence has been led. (P&H) Decided on: 05.04.2024

35. Murder -- Motive -- Mere absence of motive would not impinge on the testimony of a reliable eye-witness -- Motive is an important factor for consideration in a case of circumstantial evidence. (SC) Decided on: 05.04.2024

36. NDPS Case – Commercial quantity – Regular bail -- Circumstances raises a finger of serious doubts for date and time of taking the petitioner into actual custody by the police, he was actually abducted from Delhi one day prior to showing his date of arrest, have come on record which needs to be examined by leading evidence before the trial Court – Petitioner has already incarcerated for a period of 01 year 05 months and 29 days in custody -- Petitioner not involved in any other offence -- Trial is bound to take long time -- Petitioner cannot be detained behind bars for an indefinite period -- Article 21 of the Constitution provides for a right to speedy trial even to an accused -- Judicial precedent is also to be borne in mind that “bail is a rule” and “jail is an exception” – Bail allowed. (P&H) Decided on: 04.04.2024

37. Excise matter – Cognizance by court -- Search and seizure without FIR – FIR based on panchnama – Void abinitio – Acquittal – Respondent registered the FIR on the basis of panchanama which is erroneous and not proper – Trial Court ought not to have acted upon such FIR and cognizance should not have been taken on the strength of the said FIR – When the registration of FIR itself is void abinitio, the subsequent proceedings including the judgments are liable to be set aside – Revision allowed, judgment of conviction and order of sentence set aside – Petitioners acquitted. (Karnataka) Decided on: 04.04.2024

38. Non-examination of Landlady -- Adverse inference -- In each and every case, mere non-appearance of landlady/ landlord in the witness box would not necessarily require the Court to draw adverse inference -- It depends upon the facts and circumstances of the case. (P&H) Decided on: 04.04.2024

39. Delay in pensionary benefits – Interest – Exoneration in departmental proceedings -- Punishments imposed after culmination of the disciplinary proceedings were held to be bad and the said punishment was set-aside -- Held, once, the appellant-plaintiff has been exonerated of the allegations alleged against him, he cannot be denied the benefit of interest so as to compensate the withholding of the pensionary benefits – Interest @ 6% per annum on leave encashment, commuted pension as well as gratuity from the date liable to be released i.e. 01.05.2008 till the actual payment awarded. (P&H) Decided on: 04.04.2024

40. Assault or criminal force to deter public servant from discharge of his duty -- Cognizance of – Court cannot take cognizance of an offence committed u/s 186 IPC without there being a complaint made by the concerned public servant, but there is no such requirement for offence u/s 353 CrPC -- Section 195 Cr. PC does not bar the trial of the accused person for a distinct offence, disclosed by the same set of facts but which is not within the ambit of that section. (P&H) Reserved on: 01.04.2024 Decided on: 04.04.2024

41. Service of summons – Registered post -- Respondents were residing outside the territorial jurisdiction of the Court where the suit was instituted -- Service sought to be effected upon them by way of registered post acknowledgment due, directly by the Court where the suit was instituted, cannot be deemed to be proper service. (P&H) Decided on: 04.04.2024

42. Electricity dues of previous owner -- Auction purchaser under SARFAESI -- Recovery from auction purchaser/ transferee – Permissibility of – Electricity Bill due are attributable to the consumer – No Charge u/s 100 of TP Act created -- Order demanding dues of previous owner from auction purchaser quashed. (HP) Decided on: 04.04.2024

43. Offence under UAPA – Regular bail -- Secessionist slogans painted on the walls of College and School – Petitioner not named in the FIR, arraigned as an accused on the statement of co-accused in another case -- Recovery of paint, clothes and mobile phone effected from the appellant in connection with the investigation in another FIR, no recovery made from him in the instant case -- No material to indicate that any monetary transactions had taken place and that the appellant had used a particular mobile phone for recording the incident and sending it to other accused -- Appellant in custody for 01 year and 09 months – Challan filed but charges are yet to be framed, prosecution cited 14 witnesses, therefore, the conclusion of trial would take some time – Bail allowed. (P&H) Decided on: 03.04.2024

44. Quashing of FIR -- Dara Satta/ Gambling -- S.I. was not authorised to conduct the raid -- Petitioners being the authorised dealer/ a member of National Commodity and Derivatives Exchange Limited, so no offence u/s 4 & 5 of 1978, Act made out -- Ingredients u/s 420 IPC are completely missing – FIR, summoning order and subsequent proceedings quashed. (P&H) Reserved on: 01.04.2024 Decided on: 03.04.2024

45. Impounding a power of attorney (UK) – Deficient stamp duty – Right to pay deficient stamp duty and penalty -- Section 35 of the Act empowers the trial Court to direct the party who wants the documents to be acted upon, to pay stamp duty or the deficient portion together with penalty as detailed therein -- Time limit of three months provided under Section 18 and clause (b) of Section 32 is not attracted -- Petitioner permitted to pay the stamp duty and penalty. (P&H) Decided on: 03.04.2024

46. Compensation in motor vehicle accident case -- Death of 1.5 years child – Notional income of Rs.50,000/- per annum for the deceased taken and multiplier of 15 applied. (P&H) Decided on: 03.04.2024

47. Evidence -- Pleading -- Evidence is not required to be incorporated or made part of the pleadings. (P&H) Decided on: 03.04.2024

48. Arbitration clause in agreement -- Notarised copy of original agreement – Certified copy -- Petitioner/defendant filed the certified copy of the original agreement duly attested by the Notary Public which in terms of the law cannot be said to be a not duly certified copy of the original agreement as required under the provision of the Act -- Mandatory requirement under the Act had been complied with. (Calcutta HC) Decided on: 02.04.2024

49. Notice – Termination of tenancy – Eviction suit as notice u/s 106 TP Act – When eviction suit is filed under the general law in the State of Haryana, this in itself is a notice to quit -- No prior notice u/s 106 of the TP Act to quit is required to be given in order to get a decree of eviction against the tenant. (P&H) Reserved on: 21.03.2024 Decided on: 02.04.2024

50. Mutawalli – Rights to Mutawalliship and Sheikhship -- Jurisdiction of Waqf Board/ Tribunal -- Waqf Board exercised the jurisdiction in exercise of power conferred u/s 32(2)(g) read with the definition under Section 3(i) which defines a ‘Mutawalli’ – It is the Waqf Board which has got the jurisdiction and not the Waqf Tribunal – Waqf Tribunal is only an adjudicating authority over a dispute while the Waqf Board is expected to deal with any issue pertaining to administration. (SC) Decided on: 02.04.2024