151. Amendment in prayer of suit – Petitioner/ Plaintiff dispossessed during the pendency of suit -- Petitioner earlier sought relief of injunction, but now, by way of the proposed amendment, he is seeking restoration of possession in his favour, on the basis of tenancy -- Such a relief sought by the petitioner would require detailed pleadings and independent evidence – Held, proposed amendment would fundamentally change the character and nature of the case -- Civil Judge has rightly declined the application for amendment of the civil suit. (P&H HC) Reserved on: 28.07.2025 Decided on: 31.07.2025

152. Criminal breach of trust – Quashing of FIR -- It is not a case where the accused were entrusted with the subject property -- The subject property belongs to them and they had rights over it as owners with title -- Thus, the very foundation for invoking Section 406 of the IPC falls to the ground – FIR quashed. (SC) Decided on: 31.07.2025

153. Acquisition of land – Title dispute – Restitution of compensation -- Jurisdiction of civil Court -- Once the ownership and wrongful enrichment were proved, the Trial Court was well within its jurisdiction to grant full and effective relief, including restitution -- Denial of consequential reliefs despite a declaration of ownership has resulted in manifest injustice. (P&H HC) Decided on: 31.07.2025

154. Public nuisance – Dharna – Quashing of FIR -- Even if the case of the respondent-State is accepted at its face value, it cannot be concluded that the appellants, while conducting the rally and dharna, engaged in any form of obstruction of the road in a manner that led to the offences alleged -- Appellants were exercising their right to freedom of speech and expression and to assemble peacefully – No purpose will be served by continuing the prosecution -- It would have been appropriate for the High Court to have exercised the power available under Section 482 CrPC to prevent abuse of the court’s process – Appeal allowed, FIR and the proceedings quashed. (SC) Decided on: 31.07.2025

155. Mutation -- Already sold property – Appropriate remedy -- Revenue authorities refused to record name of the appellants after noticing the fact that the original person, through whom appellants-vendor claim right, had already sold his share and was not left with any land which could be transferred – Issues sought to be raised by the appellants cannot be examined in summary proceedings of mutation -- Remedy of the appellants would be to seek appropriate declaration from the competent Civil Court. (P&H HC) Decided on: 30.07.2025

156. Karewa marriage – Void marriage -- At the time of alleged Karewa Mariage between S and SR, wife of SR namely L was still alive -- It is settled law that second marriage, during subsistence of first marriage, is null and void. (P&H HC) Decided on: 28.07.2025

157. Eviction petition under Rent Act -- Religious Institution – Bar of jurisdiction -- Eviction petition instituted under the Rent Act would not be barred in view of the provisions of Section 12 of the 1998 Act. (P&H HC) Reserved on: 30.04.2025 Decided on: 28.07.2025

158. Registration of FIR -- Application under Section 156(3) CrPC – Procedure of -- Magistrate ought not to ordinarily entertain an application under Section 156(3) CrPC directly unless the informant has availed and exhausted his remedies provided under Section 154(3) CrPC, but as the Magistrate is otherwise competent under Section 156(3) CrPC to direct the registration of an FIR if the allegations in the application/complaint discloses the commission of a cognizable offence, the order so passed by the Magistrate would not be without jurisdiction and would not stand vitiated. (SC) Decided on: 25.07.2025

159. Offence under SC/ ST Act -- Quashing of criminal proceedings by High Court – Challenge to -- Dispute occurred between two Scheduled Caste groups, and the same was not driven by caste-based malice -- There was no substantive evidence on record to reflect involvement in the matter beyond the complainant’s time-barred assertions -- Delay itself casts doubt on the credibility of the allegations made against them – No evidence on record which would indicate mala fide intention on the part of Respondent No. 2 or any connivance -- Bald allegations against the Appellant would not in itself be sustainable -- High Court’s order does not call for any interference – Appeal dismissed. (SC) Decided on: 23.07.2025

160. NDPS – Regular bail – Recovery of 254 grams heroin from main accused -- Petitioner was arrested on the basis of the disclosure statement of co-accused -- When police arrested him, another alleged recovery of 50 grams of heroin was also effected -- Petitioner is behind bars since 13.10.2023, however, out of total 11 prosecution witnesses -- Petitioner has suffered incarceration of 01 year, 09 months & 09 days -- Petitioner is involved in one another case although he is on bail in that case – Bail allowed. (P&H HC) Decided on: 23.07.2025

161. Employment Assistance Scheme to the dependents of Government Servants (H.P.) -- Death of Home Guard – Compassionate appointment – Right of -- When the job performed by Home Guards has been assessed to be purely of temporary nature, it will not be prudent to hold their dependents entitled to benefit under Compassionate Appointment Scheme -- Dependents of a Home Guard cannot raise claim for permanent job, when the Home Guard himself renders only a voluntary and temporary job -- Dependents of Home Guard cannot claim right to any Government service having larger scope than the nature of job held by the Home Guard – Petition dismissed. (H.P. HC) Reserved on: 09.7.2025 Decided on: 21.07.2025

162. Proof of Will -- Legal Principles -- A Will has to be proved like any other document subject to the requirements of Section 63 of the Act, 1925 and Section 68 of the Act, 1872, that is examination of at least of one of the attesting witnesses -- However, unlike other documents, when a Will is propounded, its maker is no longer in the land of living -- This casts a solemn duty on the Court to ascertain whether the Will propounded had been duly proved -- Onus lies on the propounder not only to prove due execution but dispel from the mind of the court, all suspicious circumstances which cast doubt on the free disposing mind of the testator -- Only when the propounder dispels the suspicious circumstances and satisfies the conscience of the court that the testator had duly executed the Will out of his free volition without coercion or undue influence, would the Will be accepted as genuine. (SC) Decided on: 17.07.2025

163. Power of Registrar – Correct or cancel entry in the Register -- No allegation that the initial entry made in the birth records, recording the petitioner as the father of the child, was fraudulently or improperly made -- Marriage between the petitioner and the 7th respondent was in subsistence when the child was born -- Recital in Ext.P3 agreement, wherein it is stated that the 8th respondent is the biological father of the child -- This recital is seriously disputed by the petitioner, who states that the said recital is a unilateral statement of the 7th respondent -- Above fact is a seriously disputed question, which is beyond the adjudicatory powers of a Registrar in summary proceedings under Section 15, read with Rule 11. (Kerala HC) Decided on: 17.07.2025

164. Murder – Death sentence converted to life sentence till last breath -- Appellant-convict had barbarically murdered his family members – Probation report concludes that: Appellant-convict has the ability to adapt, engage in constructive activities, pursue an education despite past difficulty, continued worry about his daughter’s future, shows a notable capacity for reform and personal growth – Appellant-convict’s continued incarceration has had a negative impact on daughter, who is really struggling to cope with life – Interactions with her, threw light on a gentle, loving side of the Appellant-convict – Possibility of reformation; as a criteria, apply to the instant case – It can be said that there is mixed opinion on whether he shall or shall not be able to reform his way, the Court will err on the side of caution just as when there are two possible interpretations of a given set of facts or circumstances, the one that favours the accused is to be adopted – Death penalty may not be appropriate – Appellant should spend his days in jail attempting to repent for the crimes committed by him – Appeals are partly allowed to the extent that he is released from death row – Instead, he shall await his last breath in prison, without remission. (SC) Decided on: 16.07.2025

165. Summoning of additional accused -- High Court proceeded to conduct a mini trial -- It erred in giving a categorical finding on the merits -- High Court erred in observing that witnesses have stated nothing about the motive of the crime; that the depositions are silent on the aspect of common intention; absence of the manner or sequence of occurrence of the incident; or that it cannot be inferred who is the aggressor -- All these questions, amongst others, are relevant or not is a matter to be considered at the stage of final adjudication -- It is a settled law that the power under Section 319 CrPC must be exercised sparingly -- However, where the evidence reveals the complicity of the prospective accused, it becomes obligatory for the authority to exercise the power provided under the said Section -- Summoning order passed by the Trial Court restored. (SC) Decided on: 16.07.2025

166. Divorce – Irretrievable breakdown of marriage -- Cruelty – Acquittal in criminal case -- Long separation -- Parties separated just one year after their marriage and have remained apart ever since for more than 16 years -- Additionally, in the criminal proceedings initiated by the respondent under Sections 498A/406/34 of the IPC, the appellant and his family members have been acquitted, which demonstrates that the allegations of cruelty and dowry harassment against the appellant were false -- Welfare and dignity of both the spouses must be prioritized -- Court finds it a fit case to exercise its power under Article 142 of the Constitution and granted the relief of divorce to the parties on the ground of irretrievable breakdown of marriage -- Appellant is working as a clerk in a private firm and the respondent is a homemaker who is independently taking care of their minor son aged 16 years -- Appellant ordered to pay composite monthly maintenance of Rs. 15,000/- to the respondent and their child. (SC) Decided on: 15.07.2025

167. DNA Evidence – Procedure to be followed – Directions issued, in all cases where DNA Evidence is involved: 1. The collection of DNA samples once made after due care and compliance of all necessary procedure including swift and appropriate packaging including a) FIR number and date; b) Section and the statute involved therein; c) details of I.O., Police station; and d) requisite serial number shall be duly documented. The document recording the collection shall have the signatures and designations of the medical professional present, the investigating officer and independent witnesses. Here only we may clarify that the absence of independent witnesses shall not be taken to be compromising to the collection of such evidence, but the efforts made to join such witnesses and the eventual inability to do so shall be duly put down in record. 2. The Investigating Officer shall be responsible for the transportation of the DNA evidence to the concerned police station or the hospital concerned, as the case may be. He shall also be responsible for ensuring that the samples so taken reach the concerned forensic science laboratory with dispatch and in any case not later than 48-hours from the time of collection. Should any extraneous circumstance present itself and the 48-hours timeline cannot be complied with, the reason for the delay shall be duly recorded in the case diary. Throughout, the requisite efforts be made to preserve the samples as per the requirement corresponding to the nature of the sample taken. 3. In the time that the DNA samples are stored pending trial appeal etc., no package shall be opened, altered or resealed without express authorisation of the Trial Court acting upon a statement of a duly qualified and experienced medical professional to the effect that the same shall not have a negative impact on the sanctity of the evidence and with the Court being assured that such a step is necessary for proper and just outcome of the Investigation/Trial. 4. Right from the point of collection to the logical end, i.e., conviction or acquittal of the accused, a Chain of Custody Register shall be maintained wherein each and every movement of the evidence shall be recorded with counter sign at each end thereof stating also the reason therefor. This Chain of Custody Register shall necessarily be appended as part of the Trial Court record. Failure to maintain the same shall render the I.O. responsible for explaining such lapse. The Directors General of Police of all the States shall prepare sample forms of the Chain of Custody Register and all other documentation directed above and ensure its dispatch to all districts with necessary instruction as may be required -- States requested to examine the necessity of conducting training of the Investigating Officers to ensure full compliance. (SC) Decided on: 15.07.2025

168. Rape case -- Compromise quashing of FIR – Permissibility of -- Offence u/s 376 IPC is undoubtedly of a grave and heinous nature -- Ordinarily, quashing of proceedings involving such offences on the ground of settlement between the parties is discouraged and should not be permitted lightly -- However, the power of the Court u/s 482 CrPC to secure the ends of justice is not constrained by a rigid formula and must be exercised with reference to the facts of each case. (SC) Decided on: 14.07.2025

169. Return of plaint – Rejection of plaint -- If the Civil Court is of the view that the dispute being commercial in nature has to go before the Commercial Court then the plaint has to be returned under Order VII Rule 10 CPC -- Entire plaint cannot be rejected under Order VII Rule 11 CPC. (SC) Decided on: 14.07.2025

170. Cheque bounce complaint – Non-impleadment of Partnership firm as accused – Maintainability of Complaint against Partner – Vicarious liability/ Joint and several – Since the liability is joint and several, even in the absence of a partnership firm being proceeded against by the complainant by issuance of legal notice as mandated u/s 138 of the Act or being made an accused specifically in a complaint filed under Section 200 of CrPC, (equivalent to Section 223 of the BNSS), such a complaint is maintainable. (SC) Decided on: 14.07.2025

171. Complaint u/s 200 Cr.P.C. without approaching police – Description of complainant -- Legality of -- A complainant has the option either to approach the Police agency with an application for registration of FIR u/s 154 Cr.P.C or he/she has option to approach the Magistrate with a complaint u/s 200 of the Cr.P.C. -- Discretion entirely lies with the complainant -- No bar to approach the Magistrate with a criminal complaint instead of approaching the Police even in cases where cognizable offences are disclosed from the contents of the criminal complaint. (J&K&L HC) Decided on: 11.07.2025

172. Acquittal in cheque bounce complaint – Leave to appeal – Right of appeal -- Scope and ambit of proviso to Section 372 Cr.P.C./413 BNSS are inherently broader and more accommodating when juxtaposed with the comparatively narrower confines of Section 378(4) of Cr.P.C., 1973/ 419(4) of BNSS, 2023 – Matter relegated to Session Judge : -- The appeal, along with accompanying application(s) remitted to the learned Sessions Judge with a direction to treat the same as having been filed under Section 372 of Cr.P.C., 1973/ Section 413 of BNSS, 2023. The said learned Sessions Judge may entrust the appeal to himself or assign it to another Court of competent jurisdiction for its disposal, as per law. -- The Registry directed to send, expeditiously, the complete records of the present appeal (including the paper-book) to the said learned Sessions Judge. (P&H HC) Decided on: 10.07.2025

173. Levirate marriage -- Maintenance to wife -- Marriage, being validated by custom, cohabitation, social acceptance, and the birth of children, must be treated as valid in law for the purposes of Section 125 Cr.P.C -- Disregarding such a union would not only be legally unsound but would also send a regressive message to society, undermining the dignity of women and the security of children born from such relationships -- Petitioner, having lived as wife, borne children, and been deserted without support, falls within the protective umbrella of Section 125 CrPC -- Existence of children born out of the union further strengthens the presumption of valid marriage, or at minimum, a relationship akin to marriage, entitling the petitioner to maintenance under Section 125 Cr.P.C -- Technical plea of invalidity of marriage, in this case, cannot be a valid ground to deny her maintenance. (Patna HC) Decided on: 10.07.2025

174. Acquittal in cheque bounce complaint – Leave to appeal – Delay/ Limitation -- Appeal before Session’s Court -- Application u/s 378(4) Cr.P.C. disposed of by directing the learned Sessions Judge to treat the present leave to appeal as an appeal filed u/s 372 of the Cr.P.C. and entrust the same to any appropriate Court to try the same -- The concerned Court shall decide the appeal on merits as per law, as expeditiously as possible -- Concerned Appellate Court need not to adhere to the delay aspect, if any, involved in the case, for the purpose of considering the issue raised in the appeal and its disposal on merit. (P&H HC) Decided on: 09.07.2025

175. Jump of bail – Surety for Rs. 1 lakh – Liability of -- Delay of 511 days in appeal condoned -- Appellant/ surety had no knowledge that the convict would not surrender on time and there are no allegations of collusion between the appellant and the accused with regard to the accused not surrendering before learned trial Court -- Penalty reduced to Rs.20,000/- from Rs.1,00,000/-. (P&H HC) Decided on: 08.07.2025

176. NDPS – Regular bail – Conviction in one NDPS case already there – Effect of – Speedy trial – Right of -- Recovery of 87 kgs 800 grams of ganja -- Although the petitioner have been convicted in one case under the NDPS Act, however, that conviction would not come in the way of extending the concession of bail to the petitioner in the instant FIR since it is clearly discernible that the petitioner's right to a fair and speedy trial has been compromised on account of the repeated non-appearance of the prosecution witnesses -- No possibility of the trial concluding in the near future with 16 prosecution witnesses remaining to the examined – Bail allowed. (P&H HC) Decided on: 08.07.2025

177. Murder – Regular bail – Speedy trial – Right of -- Petitioner is behind the bars from the last 03 years, 11 months and 02 days -- Investigation is complete -- Charges were framed and trial of the case has not made much progress – Right to speedy trial is enshrined in Article 21 of the Constitution of India -- Speedy trial would cover investigation, enquiry, trial, appeal, revision and retrial etc. i.e. everything starting with the accusation against the accused and expiring with the final verdict of the last Court -- If a person is deprived of his liberty under a procedure which is not reasonable, fair, or just, such deprivation would be violative of his fundamental right under Article 21 of the Constitution of India – Bail allowed. (P&H HC) Decided on: 08.07.2025

178. Onerous condition for bail – Deposit of original title deed -- Surety be close relative – Legality of -- Condition requiring one of the sureties to be a close relative cannot be sustained as there cannot be any geographical discrimination in the matter of bail -- When the sureties are directed to produce the original document, after ascertaining the solvency of the surety, the original document should be returned, if necessary, by substituting it with a certified copy – Condition requiring one among the sureties to be a close relative deleted, Court below directed to return the original document produced by the surety on production of a certified copy. (Kerala HC) Decided on: 07.07.2025

179. Murder – Regular bail -- FIR was lodged on 04.01.2023 – Deceased was alive till 22.02.2023 – No effort was made to get the other assailants identified – NS/ Eyewitness in his statement made on 16.01.2023 nominated two others to be the conspirators, he did not name the petitioner to be amongst assailants -- It is only on 25.03.2023 i.e. after the death of injured, the petitioner was arrested on the identification of NS/ eye witness -- Charges framed by the trial Court on 11.10.2024 -- Matter adjourned several times for recording prosecution evidence -- However, the most material witness are not appearing despite repeated summons and bailable warrants -- Petitioner is in custody for the last 2 years 3 months and 3 days and he is not involved in any other criminal case -- Prosecution may take long time to conclude its evidence – Bail allowed. (P&H HC) Reserved on: 03.07.2025 Decided on: 04.07.2025

180. Permanent injunction – Trespasser’ right – Claim as lessee -- For leasing out a Government land, the officials are required to adhere to the relevant statutory provisions -- Appellant failed to plead and prove as to when the lease was created in his favour and what were the terms -- It is not appropriate for the courts to protect possession of the trespassers while granting injunction against a true owner -- Property belongs to the Government -- Mere production of certain receipts evidencing the payment of certain amount without referring to the particular land would not come to the rescue of the appellant – Permanent injunction declined by Ld. Appellate Court, upheld. (P&H HC) Decided on: 03.07.2025

181. Maintenance to wife – Domestic Incident Report (DIR) – Requirements of -- Financial liabilities of husband – Effect of -- Trial Court taking into consideration gross salary as Rs.43,874/- of petitioner/ husband granted Rs.12,000/- per month as interim relief/ maintenance. (J&K&L HC) Reserved on: 09.05.2025 Decided on: 03.07.2025

182. Sexual intercourse through deceitful means with promise to marry -- Regular bail -- De facto complainant is a married lady -- Prima facie, it is doubtful whether the offence u/s can be attracted -- If both of the parties are aware about a subsistent marriage it cannot be alleged that the sexual intercourse between them was with a promise to marry – Bail allowed. (Kerala HC) Decided on: 02.07.2025

183. Expiry of trade-mark -- Removal of trademark from register – Notice for – Mandate of – Authorities were supposed to issue a notice in the Form O-3/ RG-3 informing the registered proprietor of the date of expiry -- Aforesaid exercise has not been undertaken by the respondents – Since the respondents have failed to comply with the aforesaid mandatory provision, their action of removal of registered trademark of the petitioner from the record is not sustainable in the eyes of law and such action quashed and set aside. (Raj. HC) Decided on: 01.07.2025

184. Bail order – Delay of 28 full days in release of prisoner – Effect of -- Reasons given by the State is the non-mentioning of sub-section (1) of Section 5 – Correction made in the release order by the First Additional Sessions Judge, yesterday – Held, on this trivial non-issue, the applicant/ petitioner has lost his liberty for at least 28 full days -- Liberty is a very valuable and precious right guaranteed to the persons by the Constitution -- It cannot be bartered away on the altar of technicalities -- Ad hoc monetary compensation of Rs.5,00,000/- (Rupees Five Lakhs only) awarded to the applicant to be paid by State – Enquiry marked. (SC) Decided on: 25.06.2025

185. Res-judicata – Two suits – Comon judgment -- One appeal – Effect of -- Trial Court dismissed Civil Suit No. 44 of 2004 and decreed Civil Suit No. 95 of 2006 based on common evidence lead by parties after clubbing of the suits -- There is not even a whisper about findings rendered by the Trial Court in Civil Suit No. 95 of 2006 in the grounds of First Appeal preferred against Civil Suit No. 44 of 2004 – Held, Ld. Additional District Judge was justified in dismissing the appeal preferred only against the judgment and decree passed in Civil Suit No. 44 of 2004 without assailing the same in Civil Suit No. 95 of 2006 -- Appeal preferred before District Judge as well as present appeal is barred by principle of resjudicata. (H.P. HC) Decided on: 25.06.2025

186. Additional Public Prosecutor -- Contractual appointment -- Regularisation of -- Petitioner has not been able to establish any right either statutory or constitutional so as to deserve the relief of regularisation -- Appointment of Additional Public Prosecutors is a structured procedure as provided under the Code of Criminal Procedure, 1973 and the relevant Rules prevalent in the particular State -- Thus, a claim for regularisation of a person working on the said post on contractual basis cannot be entertained as such relief would be contrary to law -- High Court committed no error in rejecting the Writ Petition -- Special leave petition dismissed. (SC) Decided on: 24.06.2025

187. NDPS – Commercial quantity -- Recovery of 32 kgs of Ganja -- Regular bail -- Definition of Ganja under NDPS Act takes in its ambit only the flowering or fruiting tops of cannabis plant and excludes the seeds and leaves when not accompanied by the tops -- Thus, the definition of ‘Ganja’ is restricted and it does not include the seeds and leaves of Ganja plant -- Police while weighing the contraband did not segregate flowering tops from other material -- Petitioners ordered to be released on bail. (A.P. HC) Decided on: 23.06.2025

188. Murder – Acquittal -- Circumstantial evidence – Motive -- Recovery of weapon -- A blood-stained weapon even bearing the same blood group as that of the victim would not be sufficient to prove the charge of murder – Regarding motive, the evidence are very vague and vacillating -- Law is well settled that in an appeal against acquittal, interference can only be made if the only possible view based on the evidence points to the guilt of the accused and rules out his innocence -- Prosecution failed to lead clinching evidence to bring home the charges -- Impugned judgment of acquittal does not suffer from any infirmity warranting interference – Appeal dismissed. (SC) Decided on: 19.06.2025

189. POCSO – Allegation of sexual assault against Doctor – Quashing of Criminal proceedings -- Victim complained about chest pain and abdominal pain -- Medical examination of the victim was conducted by the petitioner in the presence of the mother of the victim on the first occasion, and in the presence of the elder sister of the victim on the second occasion -- It is too hard to believe that the petitioner would have resorted to sexual advances upon the victim in the close presence of the victim’s mother and elder sister -- Neither the statement given by the victim to the Police, nor her statements to the learned Magistrate u/s 164 Cr.PC, contained any indication that the alleged act committed by the petitioner was with sexual intent – Chances of that adolescent girl getting misunderstood about the act of the petitioner, cannot be ignored -- Section 41 of the POCSO Act assumes much relevancy -- Provisions of Sections 3 to 13 shall not apply in case of medical examination or medical treatment of a child when such medical examination or medical treatment is undertaken with the consent of his parents or guardian – Criminal proceedings quashed. (Kerala HC) Decided on: 17.06.2025

190. Causing death by negligence -- In order to attract the offence u/s 304A, the death must be the direct or proximate result of the rash or negligent act of the accused -- Petitioner cannot be attributed with criminality in taking up the work, since the harm involved, due to the passing of live electric wires, adjacent to the building was not foreseeable -- Unfortunate incident occurred when the worker stretched his hand while fixing the reducing coupling, as part of the plumbing work, and accidentally touched the live wire -- In such circumstances, the petitioner cannot be attributed with either rashness or negligence – Criminal proceedings quashed. (Kerala HC) Decided on: 11.06.2025

191. Complaint against Incharge of operation of Company – Maintainability of -- Without impleading Company, of which petitioner No.3 is claimed to be the person incharge of operations could not have been impleaded as an accused and proceeded against -- Prosecution against petitioner No.3 is, therefore, not sustainable in law -- Impugned complaint and the proceedings emanating therefrom quashed. (J&K&L HC) Reserved on: 27.05.2025 Decided on: 06.06.2025

192. Quashing of FIR/ Charge-sheet – Plea of alibi – Held, plea of alibi put forward by the petitioners cannot form a ground for quashing the impugned challan -- Veracity of the defence put up by the petitioners can be gone into by the trial court – High Court in exercise of its powers u/s 528 of BNSS cannot hold a mini trial -- In case, the petitioners feel that their defence of alibi has not been investigated by the Investigating Agency, it is open to them to approach the learned trial Magistrate before whom charge sheet has been filed and seek further investigation of the case -- Petition dismissed. (J&K&L HC) Decided on: 05.06.2025

193. 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

194. 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

195. Sale by Will/ Agreement to Sell/ General Power of attorney/ Affidavit -- PW-1/ S K deposed that her brother/ A.K. was only a Class IV employee and on her request and on her behalf he applied for the house in his name -- A.K/ Brother executed an agreement to sell, General Power of Attorney, registered Will and an affidavit – Hence, Benami Transactions (Prohibition) Act, 1988 could not be invoked -- After the death of A.K. on 14.08.1984, his widow and children never made any attempt to pay the instalments -- All instalments were paid by S.K. and her daughter -- All the documents of the property have been produced by the plaintiff -- Hence, it is proved that there was sale of the house in favour of Ms. S.K. by A.K -- Likewise, the General Power of Attorney will not cease to have effect because Ms.SK has interest in the property in view of agreement and Will -- Case falls under Section 202 and not 201 of the Indian Contract Act, 1872. (P&H HC) Reserved on: 21.05.2025 Decided on: 02.06.2025

196. 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

197. 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

198. 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

199. 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

200. 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