901. Offence under GST law – Regular bail – Onerous condition – Condition to deposit Rs.2.5 crores after release on bail -- When attempts are made to foreclose consideration of bail application on merits by voluntarily offering deposits of amounts and thereafter reneging on it by stating that a counsel had no authority and/or that the condition is onerous – Court strongly deprecated this practice -- Today the petitioner is approbating and reprobating, Court cannot allow parties to play ducks and drakes with the Court -- Matter remitted to the High Court for fresh consideration on merits -- Ordinarily the consequence would have been to put the petitioner back in jail -- However, considering the averments made in the modification application, Court granted a limited interim protection to the petitioner from surrendering. (SC) Decided on: 14.05.2025

902. Civil / Commercial liability -- Cheating – Forgery – Quashing of FIR/ Charge-sheet -- Complainant’s claim is for reimbursement of the remaining amount claimed by him towards the works executed in furtherance of a contract -- Allegations, made in the complaint, present a dispute which is purely commercial and civil in nature -- It seems that the complainant has contrived to somehow or the other, involve the police machinery to act as recovery agents on his behalf -- Complaint, on the face of record, did not disclose any offence whatsoever and no FIR should have been registered based thereupon -- Allegation regarding forging the signatures of two Engineers, the Investigating Officer has already got comparison of the questioned signatures done through the handwriting expert and the report, received is inconclusive -- Hence, ex facie, the allegations of forging the signatures of the Engineers, employed by the complainant, are not substantiated from the investigation conducted in the case -- Impugned-FIR and all proceedings sought to be taken in furtherance thereof including the chargesheet quashed. (SC) Decided on: 14.05.2025

903. 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

904. 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

905. Cruelty – Dowry demand -- An act of ‘cruelty’ for the purpose of Section 498A, corresponds to a willful conduct of such nature, that may cause danger to the life, limb and health of the woman, which is inclusive of the mental and physical health and the harassment caused to her, by coercing her to meet unlawful demands or impossible standards -- Demand for dowry in terms of Section 3 and Section 4 of the D.P. Act, 1961 refers to both a direct or indirect manner of demand for dowry made by the husband or his family members -- In order to meet the threshold of the offences u/s 498A IPC & Sections 3 & 4 of the D.P. Act, 1961, the allegations cannot be ambiguous or made in thin air. (SC) Decided on: 13.05.2025

906. MACT -- Pensionary benefits -- Deduction from salary -- Impermissible -- Pension, PF and other retiral benefits cannot be deducted while computing income or loss of earning capacity of victim. (SC) Decided on: 13.05.2025

907. 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

908. 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

909. 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

910. 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

911. 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

912. 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. (M.P. HC) Decided on: 13.05.2025

913. 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

914. Withdrawal of suit for declaration -- Abandonment of claim – Plaintiff seeking same relief without seeking permission to file fresh one at the time of withdrawal earlier not maintainable – Having abandoned the main claim, plaintiff cannot maintain suit for consequential relief of possession – Plaintiff rightly non-suited by invoking Order XXIII Rule 1(4) CPC. (P&H HC) Decided on: 12.05.2025

915. Freedom of speech – Judiciary and Media -- For the improvement of any system and that includes the judiciary, introspection is the key -- That can happen only if there is a robust debate even on issues which are before the court -- Both the judiciary and the media are the foundational pillars of democracy which is a basic feature of our Constitution -- For a liberal democracy to thrive, both must supplement each other -- The above position has become more nuanced in the digital age. -- By impugned order Division Bench of the High Court found prima facie that the comments on the impugned order passed by the learned Single Judge and the discussion on the observations made by this Bench amount to interference in court proceedings and violation of the subjudice principle by a party to the proceeding and borders on contempt, directed the Wikimedia Foundation Inc. to take down/delete the said pages within thirty six (36) hours. Held, Division Bench had reacted disproportionately while issuing the impugned directions – Impugned directions contained of the impugned order set aside. (SC) Decided on: 09.05.2025

916. 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

917. 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

918. 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. (A.P. HC) Decided on: 09.05.2025

919. NDPS – Commercial quantity – Regular Bail – Rigors of Section 37 of NDPS Act – Delay in trial – Effect of -- Petitioner in custody for the last 01 year 11 months and 09 days and only 04 of the 12 prosecution witnesses have been examined so far – Petitioner is first-time offender with no other case registered against him -- Rigors of Section 37 of the NDPS Act can be diluted to an extent in view of the salutary provisions of Article 21 of the Constitution of India which provides for the right to a speedy trial -- Case of the petitioner can be considered for the grant of bail, moreso as the co-accused has already been granted the same concession – Bail allowed. (P&H HC) Decided on: 08.05.2025

920. 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

921. 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

922. 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

923. Obstruction in discharge of official duties – Criminal force – Assault – Use of criminal force or assault on a public servant is essential to attract Section 353 IPC -- Physical movement of the labourers would not amount to use of force far less criminal force on a public servant – Offence u/s 353 IPC not made out -- Obstruction to a public servant must be done with the requisite mens rea i.e. to prevent the latter from discharging his official duty -- Members of the social organization were of the impression that bonded labourers/ children ought to be interrogated at a neutral place i.e. Police Station whereas the officers wanted to interrogate them at the site -- When profile of the allegations emerging from the factual matrix of the case renders existence of mens rea patently absurd or inherently improbable, such prosecution is liable to be quashed as an abuse of process of law. (SC) Decided on: 08.05.2025

924. Eviction petition under rent law -- Amendment of reply – Due diligence – Trial commenced and is at fag end -- Case was fixed for arguments, but the arguments were not addressed, even after availing almost 10 opportunities and only thereafter, at this stage, the application was filed -- Respondent has not been able to show that in spite of due diligence, the respondent could not raise the pleas before the commencement of the trial – Proposed amendment application not bonafide and is only a malicious attempt, on the part of the respondent-tenant, to prolong the lis – Application for amendment of reply dismissed. (P&H HC) Decided on: 08.05.2025

925. Amendment in pleadings – Typographical mistake -- At the time of deciding the application for amendment, the merits of the amendment are not to be seen -- Since there are typographical mistakes in the mentioning of khasra number and also on the mentioning of aspect of 'Hari 2016' instead of 'Hari 2017', the said amendments are necessarily required to be allowed. (P&H HC) Decided on: 08.05.2025

926. Appointment of Lambardar – Age of candidate – Choice of Collector – Writ jurisdiction -- Respondent No.4 was appointed as the lambardar by the learned Collector -- Said appointment further affirmed by the learned Commissioner and Financial Commissioner -- Respondent No.4 is younger in age than the petitioner and has studied up to 10+2 along with an ITI diploma and he also owns 28 kanals of land in the Village and is an agriculturist – Held, in the matter of appointment of the lambardar age of a candidate is a relevant consideration and also the choice of the learned Collector is not to be lightly interfered with even if two views are possible unless there is patent illegality or perversity therein -- No illegality or perversity in the orders passed by the Revenue Authorities -- Writ petition fails and dismissed. (P&H HC) Decided on: 07.05.2025

927. Attempt to murder – Compromise quashing of criminal proceedings – Offence under other sections 323, 504, 427, 447 and 506 of the IPC are compoundable as per Section 320 of the CrPC -- In exercise of powers under Article 142 of the Constitution of India, the offences alleged against the appellant u/s 307 and 324 IPC shall also be quashed as the other offences alleged against the appellant are compoundable u/s 320 of the CrPC – Criminal proceedings quashed. (SC) Decided on: 07.05.2025

928. Compensation in motor vehicle accident case -- Functional disability – Amputation of leg – Functional disability of 100% cannot be assessed only because he cannot carry on the vocation which he was carrying on earlier -- It is not as if the appellant was vending fruit on his foot, especially when it is seen that he was filing an Income Tax Return -- Injured was having a shop in Bazar Samiti -- Definitely, the disability would affect his income, and he would probably have to engage an employee in his shop -- Functional disability can be assessed at 60%. (SC) Decided on: 07.05.2025

929. Divorce -- Irretrievable breakdown of marriage -- Having considered the prolonged period of separation and the multiple failed attempts at reconciliation, which clearly indicate that there is no possibility of reunion, as well as their age (both are quinquagenarian) – It would be in the best interest of both the parties, and their daughter too, to put a quietus to this protracted litigation -- Marriage between the parties dissolved by a decree of divorce. (SC) Decided on: 06.05.2025

930. Summoning as additional accused – Scope of – Nature of -- The provision enables a criminal Court, once seized of the matter, to bring before it any individual whose complicity becomes apparent from the evidence that emerges in Court -- It is an exception to the general rule that an accused stands trial only upon charge-sheet and committal; its object is to ensure that the trial does not proceed without a participant who, on the material now available, appears to share criminal liability -- Power is extraordinary and therefore to be exercised with circumspection, yet it is neither illusory nor deferential to investigative conclusions: once live evidence evinces a prima-facie case stronger than mere suspicion, the Court must act. (SC) Decided on: 06.05.2025

931. Auction purchaser – Forfeiture of earnest money – Challenge to -- Re-instatement of SERFAESI proceedings – Effect of -- Petitioner/ auction purchaser is seeking refund of the forfeited amount on the ground of reinitiation of the SARFAESI action by the bank upon the borrower – Held, it would not come within the contours of an ‘exceptional circumstance’, leading to dilution of the statutory consequence of forfeiture under Rule 9(5) of the 2002 Rules -- Petitioner has not indicated any extenuating circumstances that resulted in failure on the part of the petitioner to deposit the balance amount within the prescribed time -- No question of any equity in his favour – Petition dismissed. (All. H.C.) Decided on: 06.05.2025

932. NDPS -- Search by temporary charge of SHO – Legality of -- SHO was absent on the relevant date and therefore, he has handed over the charge of the SHO to the Circle Inspector (Sub-Inspector) who has carried out the search -- Person holding temporary charge as Station House Officer at the relevant time is competent to carry out the search -- Submission that the Officer ought to be actually posted as SHO and not as In-Charge SHO is of no substance and cannot be accepted -- High Court manifestly erred in interpreting Section 42 of the Act and in holding that the In-Charge SHO was not competent to conduct the search -- Impugned order passed by the High Court set aside and the trial is directed to continue in accordance with law, expeditiously. (SC) Decided on: 06.05.2025

933. Petition for quashing of complaint – Reasoned order – Requirement of – Duty of High Court -- If the Division Bench of the High Court was not inclined to even issue notice to the respondents, then reasons ought to have been assigned for that purpose, or in the alternative, notice should have been issued to the respondents and after giving a fair opportunity to both sides, dismissed the complaint on merits – In the absence of any of the aforesaid options, impugned order is in violation of the principles of natural justice -- Matter remanded back to High Court with a request to dispose the same on its own merits and in accordance with law. (SC) Decided on: 06.05.2025

934. Appointment of Lambardar – Allegation of encroachment over Panchayat land -- Collector appointed petitioner as Lambardar -- Ld. Commissioner as well as the Financial Commissioner remanded the matter to the learned Collector for verifying the illegal encroachment over the Panchayat land by the petitioner – There is considerable basis for remanding the matter to the learned Collector for verifying the illegal encroachment over the Panchayat land by the petitioner especially considering the fact that certain ejectment orders were produced before the learned Financial Commissioner -- No merit in writ petition dismissed. (P&H HC) Decided on: 06.05.2025

935. Election of Member Legislative Assembly / MLA –Seat reserved for Schedule Caste – Challenge to election -- Ground that the appellant/ wining candidate’s grandparents on the paternal side were persons who had migrated from Tamil Nadu, they and their successors were not entitled to claim that they belonged to ‘Hindu Parayan’ of Kerala State -- It was averred that hence, the Appellant is not entitled to contest from a Constituency reserved for candidates belonging to the Scheduled Castes from Kerala – Held, a duly issued Caste/ Community Certificate would be amenable to challenge only under the provisions of the statute concerned, and not in an Election Petition – Election Petition dismissed. (SC) Decided on: 06.05.2025

936. Recall/ further examination of witness – Stage of – Scope of -- If it appears to a court trying the suit at any stage of the proceedings that it is necessary to recall and further examine a witness it can always do so -- This power can be exercised even at the stage of writing a judgment by the court -- Power is to be used for removing ambiguities, for clarifying the statement and not for the purposes of filling up the lacuna in a party's case -- Power can be exercised by the Court at its own initiative and may even be so done at the instance of a party. (SC) Decided on: 05.05.2025

937. Compensation in motor vehicle accident case – Tractor-trailer – Liability of Insurance company -- Trailer was being pulled by/ attached to the tractor and then the trailer on which the deceased was present, turned turtle/upturned, resulting in his death -- Tractor which was insured was the reason for the accident -- Had the trailer been stationary at a place and due to some reason, it overturned or a mishap happened, then without the trailer being specifically insured the Appellant would not be liable to pay -- Accident was caused by the tractor, as during the course of being driven/pulled by the tractor, the accident occurred -- Liability of the tractor/ its insurer extended to the accident -- If an insured vehicle hits another vehicle which in turn hits a third vehicle, then for the entire chain of accidents, the liability would pass on to the vehicle which was the root cause of the accident -- No infirmity in the Impugned Order in fixation of liability on the insurer-Appellant for the accident. (SC) Decided on: 05.05.2025

938. Master-servant relationship – Proof of -- Factum of master and servant relationship has to be proved on the basis the documentary evidence – No appointment order issued in favour of the respondent No.1-workman -- No salary slip issued by the petitioner-school in favour of the respondent No.1-workman has also been brought on record -- Merely that the respondent No.1-workman was working under the supervision of the Head Master, who is appointed by Government, is no ground to assert that there existed master and servant relationship between respondent No.1-workman and petitioner-school so as to claim benefit -- Mere supervisory control over the workman and working of the workman under the Principal employer will not create a master and servant relationship between both. (P&H HC) Decided on: 05.05.2025

939. Appointment of Lambardar – Hereditary claim -- Petitioner was wrongly appointed as Lambardar (BC) on the ground of his hereditary claim by Collector – Divisional Commissioner rightly set aside the order of Collector being ultra vires the Constitution -- Respondent No. 4 is more meritorious than the petitioner in terms of his age and educational qualification and his name was recommended by lower revenue officials – No illegality or perversity in the order passed by learned Divisional Commissioner in appointing respondent No. 4 as Lambardar. (P&H HC) Decided on: 03.05.2025

940. Corruption case – Conspiracy – Presumption – Reversal of burden -- Tehsildar, who employed co-accused BK and was shown to be one of the primary beneficiaries, was not accorded sanction and therefore, did not face trial -- Appellants, despite not being shown to be actual beneficiaries or participants, were convicted on a generalized theory of “connivance” – Held, mere association or presence of a person in a place where a crime is committed does not ipso facto establish participation or conspiracy -- Reversal of burden, in a trial u/s 13(1)(d)(ii) of the P.C. Act and Section 120-B of the IPC, where prosecution has not discharged its primary burden is certainly not permissible in law – Appellant acquitted. (P&H HC) Decided on: 03.05.2025

941. Promotion of employee – Right to be considered -- Appellant was proceeded against both departmentally and under the criminal law -- Criminal case being lodged in which he was arrested but later acquitted -- Departmental proceedings set aside in 2009 by the Government -- In such circumstances, the appellant could not have been disentitled from a consideration in the year 2019 -- Writ petition was also filed in the year 2019 – Held, appellant must be considered for promotion, dehors any disentitlement due to his having become overaged -- The consideration will be made and if found eligible, he shall be promoted from 2019 and consequential benefits also shall be paid to him -- It is trite that the employee has no right to be promoted but has a right to be considered, when selections for promotions are carried out, unless disqualified; which right has been impinged, unjustly, in the case – Appeal allowed. (SC) Decided on: 02.05.2025

942. Mutation – Scope of -- Mutation of name in revenue records is done for fiscal purposes, i.e. for collection of land revenue, and mutation neither creates nor extinguishes title. (UK HC) Decided on: 01.05.2025

943. Gang rape – Common intention -- In a case of gang rape u/s 376(2)(g), an act by one is enough to render all in the gang for punishment as long as they have acted in furtherance of the common intention -- Further, common intention is implicit in the charge of Section 376(2)(g) itself and all that is needed is evidence to show the existence of common intention. (SC) Decided on: 01.05.2025

944. Criminal breach of trust – Cheating – Civil dispute -- Quashing of FIR -- As per the FIR, the goods were to be exported out of India -- Respondent no. 2, since did not possess an import/export license, the appellant had asked respondent no. 2 to export the goods through M/s. Oswal Overseas -- Respondent no. 2 has in all exported sarees worth Rs. 34,71,344/- -- U/s 482 of the Code, Court will examine the crux of the complaint -- Question is whether such non-payment of the sale price can be an offence of criminal breach of trust and cheating at the hands of the second respondent -- Answer is clearly no -- Continuation of the FIR against the appellant is an abuse of the process of law, and at best, the non-payment of the sale price could be a civil dispute – Appeal allowed, FIR quashed. (SC) Decided on: 01.05.2025

945. Murder convict – Life imprisonment -- Pre-mature release – Right of -- State level committee declined the premature release by stating that the petitioner is involved in 9 other criminal offences, his conduct is required to be further evaluate – Held, once a duly enacted policy is in existence, it must be honored and applied to each case in its letter and spirit -- In a civilized society like ours, it would be truly unfortunate, if an offender is not given the opportunity to realize and fully fathom his mistake and channel that awareness into making fruitful contributions in society -- Policy does not indicate any provision allowing deferment of the case of an applicant -- Impugned order set aside -- Official respondents directed to consider the case of the petitioner afresh, strictly in accordance with the policy applicable at the time of his conviction, preferably within a period of 08 weeks -- Any deviation from the policy or the guidelines/ directions given by this Court would entitle the petitioner to file an appropriate petition under Article 215 of the Constitution of India, seeking initiation of Contempt of Court proceedings against the official concerned. (P&H HC) Decided on: 30.04.2025

946. Unauthorised construction – Regularisation of -- A person who has no regards for the law cannot be permitted to pray for regularisation after putting up unauthorised construction of two floors -- Unauthorised construction has to be demolished -- Courts are not free from statutory fetters -- Justice is to be rendered in accordance with law -- Courts must adopt a strict approach while dealing with cases of illegal construction and should not readily engage themselves in judicial regularisation of buildings erected without requisite permissions of the competent authority -- Law ought not to come to rescue of those who flout its rigours as allowing the same might result in flourishing the culture of impunity. (SC) Decided on: 30.04.2025

947. Modification in award – Power of -- Court has a limited power under Sections 34 and 37 of the 1996 Act to modify the arbitral award -- This limited power may be exercised under the following circumstances: I. when the award is severable, by severing the “invalid” portion from the “valid” portion of the award. II. by correcting any clerical, computational or typographical errors which appear erroneous on the face of the record. III. post award interest may be modified in some circumstances. IV. Article 142 of the Constitution applies, albeit, the power must be exercised with great care and caution and within the limits of the constitutional power. (SC) Decided on: 30.04.2025

948. Cheating – Sentence of imprisonment reduced -- Appellant is a 71-year-old individual who is afflicted with various age-related ailments -- Medical documentation further reveals that the Appellant is a diabetic person and has a history of having suffered three heart attacks -- That apart, the incident is of the year 1994 i.e. more than 30 years old causing mental trauma and agony as faced by the Appellant -- All these factors in the facts and circumstances of this case persuade Court to take a lenient view -- Sentences imposed u/s 407 and 420 of IPC reduced to 2 years and 6 months of rigorous imprisonment from 5 years with fine and default punishment unchanged. (SC) Decided on: 30.04.2025

949. Auction under SARFAESI law – Registration of Sale Certificate – Market Value -- Registration Authorities cannot insist on payment of stamp duty and registration fee basing on the value of the property as indicated in the market value register -- Sub-registrar has no other option, but to register the sale certificates by fixing the stamp duty based on the successful bid price which is fetched in the auction, as the same reflects the true market value as per the settled law. (A.P. HC) Decided on: 30.04.2025

950. Temporary injunction – Observation therein – Effect of -- It is settled law that the observations made in the order while rejecting the application under Order 39 Rule 1 and 2 CPC or the appeal therefrom are only for the purpose of deciding the said application -- Suit is to be decided by the trial Court independent of the said observations in accordance with the evidence on record. (P&H HC) Decided on: 29.04.2025