Code of Criminal Procedure, 1973 (2 of 1974), Section 389 -- Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 430 -- Suspension of sentence – Life imprisonment – Fixed term sentence – Consideration of -- Plea for suspension of sentence should be considered liberally if the sentence is for a fixed term and there are no other exceptional circumstances to decline -- However, if the sentence is of life imprisonment, then for the purpose of considering the plea for suspension of sentence, what should be looked into is something palpable on the basis of which, the appellate court can prima facie reach to the conclusion that there are all possible chances that the convict may get acquitted.

(Para 10)

Constitution of India, Article 225, 226 -- Power of Chief Justice – Roaster of Court – Judgment/ Order without Roster – Writ jurisdiction -- A judicial order based on consent of the parties, which is in the teeth of the Writ Rules and seeks to unsettle and even override the determination made by the Chief Justice, could not have vested jurisdiction in the appellate court to hear the pending writ petition -- As a sequitur, the Division Bench which passed the impugned order could not have assumed unto itself the jurisdiction to decide the writ petition based on the earlier order -- Chief Justice of the High Court, being the primus inter pares, has been vested with the power and authority to set the roster -- Such roster is final and binding on all the ‘Companion Justices’ of the said court -- Plainly, therefore, the impugned order are without jurisdiction -- Writ petition revived, Chief Justice of the High Court requested to assign the writ petition to an appropriate bench for its consideration and disposal.

(Para 7-9)

Indian Penal Code, 1860 (45 of 1860), Section 376, 377, 328, 506 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 164, 482 – Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 183, 528 -- Rape -- Habitual complainant – Quashing of FIR -- Apart from her statement in the FIR and her statement u/s 164 of the Cr.P.C./ 183 of BNSS, there is no other evidence on record -- Most concerning is that the same respondent has filed nearly identical cases at least against eight other individuals (nine cases in total) -- These FIRs, lodged in different Police Stations across Delhi, involve offenses u/s 34, 328, 354, 354A, 354D, 376, 377, 506, and 509 of IPC 00 -- After lodging the FIR, the complainant has not cooperated with the investigation and has not appeared despite being served with notice -- Appellant is a retired Army officer and the author of five books -- Considering the nature of the case and the cumulative circumstances, the criminal case initiated against the appellant is nothing but an abuse of the process of law -- This is precisely the nature of case where the High Court ought to have exercised its inherent powers under Section 482 Cr.P.C. (as per new act, under Section 528 B.N.S.S.) and should have quashed the proceedings -- FIR quashed.

(Para 5-9)

Administrative Tribunals Act, 1985 (13 of 1985), Section 21 – Limitation Act, 1963 (36 of 1963), Section 5, 14 – Condonation of delay in OA – Time spent in wrong Forum/ RTI information – Consideration of -- Section 5 of the Limitation Act applicable for condonation of delay -- It is a settled law that if a wrong remedy has been taken up by any litigant, the period spent for pursuing the wrong remedy can be condoned, in terms of the provisions of Section 14 of the Limitation Act -- O.A. field after obtaining documents under the RTI Act said to be bona fide -- Petitioner had suffered serious accident and had also subsequently remained hospitalized on account of heart ailment – Delay deserved to be condoned -- Since the order of termination is an issue before the Court, the same has to be examined on merits – Matter remitted back to Central Administrative Tribunal and directed to decide the OA afresh on merits.

(Para 9-12)

Indian Evidence Act, 1872 (1 of 1872), Section 45 -- Comparison of signature with photocopy of partnership deed -- Permissibility of -- Held, signatures cannot be verified from a photocopied document.

(Para 5, 6)

A. Motor Vehicles Act, 1988 (59 of 1988), Section 166 -- Compensation in motor vehicle accident case – Father and younger sister as claimant -- Father and younger sister of the deceased, both not financially independent, would fall under the definition of legal representatives for the purpose of claiming the compensation.

(Para 15)

B. Motor Vehicles Act, 1988 (59 of 1988), Section 166 -- Compensation in motor vehicle accident case – Driver without licence -- Liability of Insurance company -- Driver and the owner of the offending vehicle are liable to pay compensation, as the driver did not possess an effective driving licence -- High Court directed the Insurance Company, to first pay the compensation awarded to the appellants and then, recover the same from the driver and the owner, who are jointly and severally liable to pay the same – Court not inclined to interfere with the impugned order.

(Para 16)

Indian Penal Code, 1860 (45 of 1860), Section 376, 452 – Rape – No medical examination -- Acquittal -- Prosecutrix and her parents themselves never fully co-operated with the medical staff, thereby adversely impacting the credibility of their version of events -- Non-allowance of medical examination by an alleged rape-victim raises negative inferences against them – Prosecutrix was 19 years old at the time of the alleged occurrence – High Court has microscopically examined the entire evidence before firmly opining that the accused-respondent deserves the benefit of the doubt – Appeal against judgment of acquittal passed by the High Court, dismissed.

(Para 10-13)

Code of Civil Procedure, 1908 (V of 1908), Order 7 Rule 11 – Powers of Attorney Act, 1882 (7 of 1882), Section 2 -- Rejection of plaint -- Power of attorney – Conveyance already made -- Cancellation of attorney after 11 years -- Cause of action -- Power holder having exercised the authority conferred; to convey the properties in the name of the purchasers, the cancellation of the power of attorney will have no effect on the conveyances carried out under the valid power conferred -- Nor would it confer the person who executed the power of attorney any cause of action, by virtue of a cancellation of the power conferred by a subsequent document, to challenge the valid exercise of the power when it existed – Order of rejection of plaint passed by trial court affirmed.

(Para 8, 9)

Code of Civil Procedure, 1908 (V of 1908), Order 11 Rule 14 – Production of documents – Discretion of court -- Provision does not give an absolute right to a party to seek production of documents at any stage of the proceedings and the same is an enabling power with the Court.

(Para 4)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 21 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- NDPS – Commercial quantity – Pregnancy of wife -- Interim regular bail -- Recovery of 478 grms of heroin from pocket of petitioner -- Challan has not been presented and petitioner is inside jail since 11.10.2024 -- Wife of the petitioner is pregnant and she requires someone very close to her, who can take care of her physical and mental health, at the time of need -- Only person, in house is stated to be the grandmother of the petitioner, who herself is aged about 80 years -- Petition allowed, petitioner ordered to be released on interim regular bail from 15.03.2025 to 23.5.2025.

(Para 3-7)

Indian Penal Code, 1860 (45 of 1860), Section 419, 420, 467, 468, 20B – Rajasthan Public Examination (Measures for Prevention of Unfair Means in Recruitment) Act, 2022 (6 of 2022), Section 3, 10 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Dummy candidate in recruitment competitive exam -- Regular bail -- Since there must have been thousands of people who appeared for the exam, and the respondent-accused persons, for their own benefit, tried to compromise the sanctity of the exam, possibly affecting so many of those who would have put in earnest effort to appear in the exam in the hopes of securing a job – Respondents are not entitled to the benefit of bail – Appeal allowed, impugned judgment set aside -- Respondent-accused to surrender to surrender before the concerned Court in two weeks.

(Para 3, 11-14)

Constitution of India, Article 226 -- Challenge to reservations rules in Public Interest Litigation – Maintainability of -- Concern of the petitioner for maintaining the percentage of reservation of seats in medical specialities for the reserved category candidates could be genuine but, unless the specific cases of the candidates arise for consideration before the Court, such an issue cannot be decided in abstract -- Such a question cannot be considered in a Public Interest Litigation -- Writ petition disposed of with observation that whenever any such issue arises for consideration before any of the High Courts, the High Courts would consider the same on its individual merits, in accordance with law.

(Para 2, 3, 16-18)

Insurance Act, 1938 (4 of 1938), Section 39(7) – Nomination by policy-holder – Payment of Insurance claim -- Duty of Insurance company -- When there is a beneficiary nominee, who is validly nominated as per Section 39(7), will be entitled to make a claim for the entire amount -- Liability of the Insurance Company is to disburse the amount to the beneficiary or collector nominee as the case may be -- Insurance Company does not get into the area of dispute and the Company washes of its hands by handing over the sum assured to the nominee. K.R. Sakthi Murugeswari’s case (MANU/TN/6034/2023) relied.

(Para 9)

Code of Civil Procedure, 1908 (V of 1908), Section 96, 151, Order 41 Rule 27 – Additional evidence in appeal -- Application under Order 41 Rule 27 CPC dismissed whereas the first appeal is pending -- Impugned order set aside and the First Appellate Court directed to consider the application for additional evidence afresh along with main appeal and at the time of deciding of the main appeal.

(Para 7, 8)

Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 491, 528 -- Absence from trial – Cancellation of bail – Forfeiture of bail bond -- Arrest warrant – Quashing of – Many a times, the accused can be prevented by sufficient reasons to put an appearance before the Court on a given date and, therefore, it necessarily cannot be construed as a deliberate and wilful absence -- Explanation offered for non-appearance before the trial Court is justified -- Curtailment of personal liberty is to be done in line with the procedure established by law -- Procedure must be compatible with Article 21 of the Constitution of India i.e. it must be fair, just and not suffer from the vice of arbitrariness or unreasonableness – Sole purpose of issuance of non-bailable warrants is to secure presence of the accused before the learned trial Court -- Petitioners have themselves come forward and have undertaken to appear before the learned trial Court on each and every date – Impugned order set aside.

(Para 7-10)

Constitution of India, Article 226 -- Banking Regulation Act, 1949 (10 of 1949), Section 5, 5A, 22(3)(4), 36AD – Matrimonial dispute/ FIR -- Freezing of Bank account -- Maintainability of writ against Schedules Private Bank – Petitioner company deposited more than 10 crores in its current account maintained with the respondent bank -- Withdrawal of amount belonging to petitioner from its current account withheld by the respondent bank on account of its unilateral decision to freeze the petitioner’s bank account on the request of third respondent (wife) of Authorsed signatory/ Director.

-- No order passed by any competent court to freeze the petitioner’s bank account.

-- No action or order of the investigating authority in any criminal case to freeze such bank account, either.

-- No provision exists in law conferring authority upon the respondent bank to adjudicate private claims of the Director regarding their matrimonial dispute.

Respondent bank has no jurisdiction to entertain the request of the third respondent and thereby freeze petitioner’s account and deny withdrawal -- Objection of the respondents with regard to maintainability of the writ petition dismissed -- Writ petition allowed, order passed by the respondent bank quashed.

(Para 1, 25-32)

Code of Civil Procedure, 1908 (V of 1908), Section 37, 38, 39, Order 21 -- Execution of decree – Time limit of 6 months -- All the High Courts directed to call for the necessary information from their respective district judiciary as regards pendency of the execution petitions -- High Courts shall thereafter proceed to issue an administrative order or circular, directing their respective district judiciary to ensure that the execution petitions pending in various courts shall be decided and disposed of within a period of six months without fail otherwise the concerned presiding officer would be answerable to the High Court on its administrative side.

(Para 75)

Contempt of Courts Act, 1971 (70 of 1971), Section 2(b), 12 – Code of Civil Procedure, 1908 (V of 1908), Order 39 Rule 2(a) -- Contempt of Court -- Agreement to sell after Status quo order – Agreement to sell and acceptance of sale consideration despite the interim orders, held to be contempt of Court -- Respondent no. 1 to 4 held guilty of civil contempt, as defined under section 2(b) of the Contempt of Courts Act read with Rule-2(a) of the Order 39 of the Code of Civil Procedure, 1908 -- Unconditional apology tendered at the fag end of the proceedings, rejected – Fine of Rs.2,000/- on respondent no. 1 to 4 / Senior citizens each and costs of Rs.1,00,000/- as per Rule 21 of Contempt of Court (Gujarat High Court) Rules, 1984 imposed -- Agreement to sell held to be nonest and void ab initio, the same quashed and set aside.

(Para 17, 18, 28, 33, 34)

Constitution of India, Article 14 -- Uttar Pradesh Judicial Service Rules, 2001, Rule 24(4) -- Scuffle between judicial officers -- Discharge of Probationer Judicial Officers – Rule of natural justice -- Order of discharge of services of petitioners as probationer are clearly stigmatic which required inquiry prior to discharge from service -- Since the order of discharge of service of petitioners is punitive in nature, the maxim of Audi alterm partem was required to be followed prior to their discharge.

(Para 7, 94)

Indian Penal Code, 1860 (45 of 1860), Section 415, 420 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Cheating – Quashing of FIR -- Non-performance of agreement to sell -- Mere non-performance of an Agreement to Sell by itself does not amount to cheating and breach of trust -- Adequate remedy of filing a Civil Suit for relief of specific performance of a contract which complainant has already availed and the suit is still pending -- FIR only appears to be an arm-twisting mechanism to pressurise the appellants to execute the Sale Deed or converted into a criminal wrong – Amount paid towards consideration cannot be said to have been entrusted -- Merely because the appellants are refusing to register the sale, it does not amount to misappropriation of the advance payment – Appeal allowed, FIR quashed.

(Para 6, 12, 14)

Indian Penal Code, 1860 (45 of 1860), Section 448, 506 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Criminal intimidation – House trespass – Quashing of FIR -- Allegations in the FIR are totally absurd -- When complainant has not filed any suit, there is no question of appellants threatening him of dire consequences if he does not withdraw the suit – Complainant and his relatives are in the habit of filing false and malicious cases against the appellants only on account of long-standing civil dispute pending between them – Continuation of the criminal proceedings against the appellants would be nothing else but an abuse of the process of law – Chargesheet and summoning order quashed and set aside.

(Para 16, 19, 24, 25)

A. Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Section 42, 42A – POCSO – Greater punishment -- Section 42A of POSCO Act deals with the procedural aspects and gives an overriding effect to the provisions of the POCSO Act over any other law for the time being in force where, the two acts are inconsistent with each other -- Section 42A of POSCO Act, by no stretch of imagination, can be interpreted so as to override the scope and ambit of enabling provision, i.e., Section 42 of POCSO Act.

(Para 22)

B. Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Section 3, 4 -- Indian Penal Code, 1860 (45 of 1860), Section 376(2)(f) and 376(2)(i) – POCSO -- Rape -- Imprisonment for remainder of person’s natural life -- It is discretion to award punishment for a term sentence of minimum 10 years or of imprisonment for life -- There is no mandate of law that under these provisions, the convict must be awarded life imprisonment -- For the offences punishable u/s 376(2)(f) and 376(2) (i) of IPC, the accused sentenced to undergo imprisonment for life without the stipulation that the life term will enure till the natural life of the appellant and a fine of Rs. 5,00,000/- and in default, to further undergo imprisonment of two years -- Both the sentences shall run concurrently.

(Para 25-31)

Prevention of Corruption Act, 1988 (49 of 1988), Section 7(2), 13(1)(d), 20 – Demand and acceptance – Presumption -- Prosecution failed to establish beyond all reasonable doubt, the demand of bribe and its acceptance, in a trap laid by the trap team of the ACB -- In that circumstance there is no question of a presumption u/s 20 arising in the case --  Conviction and sentence set aside.

(Para 16)

A. Code of Civil Procedure, 1908 (V of 1908), Order 21 Rule 32 – Execution of decree – Breach of injunction -- Imprisonment of a judgment-debtor – Attachment of property -- Once it is proved that J.D. had wilfully and with impunity disobeyed an order of injunction, the court owes it to itself to make the judgment-debtor realise that it does not pay to defy a decree of a court -- Court’s power under Order 21, Rule 32 is no more than a procedural aid to the harried decree-holder -- But the court has to record a finding that the judgment-debtor wilfully disobeyed or failed to comply with the decree in spite of opportunity afforded to him -- Absence of such finding is a serious infirmity vitiating the order.

(Para 44, 45)

B. Code of Civil Procedure, 1908 (V of 1908), Order 21 Rule 32 – Execution of decree – Continuous breach of injunction – Res-judicata --  Each breach of injunction is independent and actionable in law making the judgment-debtor answerable -- Where there are successive breaches of decree, the judgment-debtor can be dealt with on every such breach and the doctrine of res judicata has no application.

(Para 46)

C. Code of Civil Procedure, 1908 (V of 1908), Order 21 Rule 32 – Execution of decree – Detention of Judgment debtor – Onus to prove of  willful disobedience -- Onus of placing materials before the executing Court for enabling it to record a finding that the person against whom the order of detention is sought, has had an opportunity of obeying the decree for injunction, but has wilfully disobeyed it, lies on the person seeking such order of detention, lest the person seeking deprivation of the liberty of another cannot do so without fully satisfying the Court about its need.

(Para 50)

D. Constitution of India, Article 227 -- Code of Civil Procedure, 1908 (V of 1908), Order 21 Rule 32 – Detention of Judgment debtor – Revisional jurisdiction -- High Court in exercise of its supervisory jurisdiction under Article 227 of the Constitution must ascertain before interfering with any order passed by a subordinate court or tribunal whether the same suffers from any jurisdictional error -- Court should be guided by its conscience, more particularly keeping in mind the peculiar facts and circumstances of the case and not strictly go by the term “jurisdictional error” -- It is very easy for the High Court to say that there is no jurisdictional error and, therefore, no interference is warranted but before saying so, the High Court should be mindful of the consequences that would follow like arrest, detention in civil prison and attachment of property.

(Para 53)

E. Code of Civil Procedure, 1908 (V of 1908), Order 21 Rule 32 – Execution of decree – Detention of Judgment debtor – Attachment of property -- Opportunity of hearing -- Executing court should have been a little more considerate while declining even to take the objections on record and give one opportunity of hearing to the appellants before passing the order of arrest, detention in a civil prison and attachment of the property -- This aspect overlooked even by the High Court while affirming the order passed by the executing court -- Supervisory jurisdiction vested in the High Court under Article 227 of the Constitution is meant to take care of such situations -- Impugned orders set aside.

(Para 59, 60)

A. Indian Penal Code, 1860 (45 of 1860), Section 304A, 304, Part II – Code of Criminal Procedure, 1973 (2 of 1974), Section 227 – Discharge -- Accidental death – Causing death by negligence -- Culpable homicide not amounting to murder -- Allegations that accused persons had not taken proper care and caution by providing safety shoes, safety belt etc. -- Two deceased employees were undertaking the work of decoration of the front side of the shop -- As part of the said work, they were working on the sign board which was approximately at a height of 12 feet from the ground level -- While working on the sign board, they were struck by electricity as a result of which they got electrocuted and fell down resulting in multiple injuries leading to their death -- It was purely accidental -- On these basic facts, no prima facie case can be said to be made out against the appellants for committing an offence u/s 304A IPC, not to speak of Section 304 Part II IPC – Discharge application allowed.

(Para 13-18)

B. Code of Criminal Procedure, 1973 (2 of 1974), Section 227 – Discharge – Nature of -- At the stage of discharge, court is only required to consider as to whether there are sufficient materials which can justify launch of a criminal trial against the accused -- By its very nature, a discharge is at a higher pedestal than an acquittal -- Acquittal is at the end of the trial process, may be for a technicality or on benefit of doubt or the prosecution could not prove the charge against the accused; but when an accused is discharged, it means that there are no materials to justify launch of a criminal trial against the accused -- Once he is discharged, he is no longer an accused.

(Para 16)

Constitution of India, Article 226 – Writ jurisdiction -- Judgment reserved -- Vacation of stay order – Requirement of law -- Interim relief was in operation for two and a half years -- While reserving the order, fairness required that the interim relief should have been continued for a reasonable time to enable the appellant to challenge the order vacating stay – Direction given that interim order shall continue to operate till the order/judgment in the writ petition is pronounced -- If the writ petition is dismissed, the High Court will extend the interim relief for a reasonable time to enable the appellant to challenge the final order.

(Para 3, 4)

Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 (7 of 2014), Section 1(3) – Central Law – Presumption of implementation by State -- High Court observed that as the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 is a central Act, there is a presumption in law that it will be implemented in its true letter and spirit by the State Government – Held, no such presumption exists -- High Court ought to have dealt with the prayers in the writ petition on merits – Writ petition restored.

(Para 4-6)

A. Indian Penal Code, 1860 (45 of 1860), Section 376 – Rape – Injury to prosecutrix – Requirement of law -- Merely because in the medical evidence, there are no major injury marks, this cannot a be a reason to discard the otherwise reliable evidence of the prosecutrix -- It is not necessary that in each and every case where rape is alleged there has to be an injury to the private parts of the victim and it depends on the facts and circumstances of a particular case -- Absence of injuries on the private parts of the victim is not always fatal to the case of the prosecution.

(Para 11)

B. Indian Penal Code, 1860 (45 of 1860), Section 376 – Rape – Evidence of prosecutrix – Value of -- Evidence of a prosecutrix in a case of rape is of the same value as that of an injured witness and conviction can be made on the basis of the sole testimony of the prosecutrix.

(Para 13)

Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Prevention of Money-Laundering Act, 2002 (15 of 2003) – Direction to register HECIR -- High Court had no reason to pass a drastic order of directing the Enforcement Directorate to register an ECIR only because the High Court prima facie came to a conclusion that a predicate offence exists -- ECIR registered on the basis of the impugned judgment quashed and set aside – Left open for Enforcement Directorate to take a call on the question of initiating proceedings under the Prevention of Money-laundering Act, 2002.

(Para 5)

Insolvency and Bankruptcy Code 2016 (31 of 2016), Section 33 – Liquidation of company – Adjustment of unearned income -- High Court seized of liquidation proceedings, there are other creditors -- It will not be appropriate to direct that a part of the amount paid towards consideration should be appropriated towards unearned income payable to the appellant -- Court cannot direct the funds available in liquidation proceedings for payment of the unearned income as large number of claims have been submitted.

(Para 10-13)

Indian Penal Code, 1860 (45 of 1860), Section 304 Part I, 304A -- Culpable homicide – Causing death due to negligence -- Appellant/ qualified medical practitioner conveyed/ instructed  staff nurse to administer an injection over telephone which injection when administered to the patient, apparently reacted, resulting into his death – Registration of the FIR u/s 304 Part I IPC and the subsequent submission of police report u/s 173 (2) CrPC also u/s 304 Part I IPC cannot be sustained – Appeal allowed, Trial Court to waive the accusation under 304 Part I IPC and to proceed after reading over accusation under Section 304-A, IPC.

(Para 3-5)

Indian Penal Code, 1860 (45 of 1860), Section 498A – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Cruelty – Quashing of FIR -- Whether demand of dowry is pre-requisite – Held, an unlawful demand for dowry is not a pre-requisite element to constitute "cruelty" under Section 498A IPC -- High Court's decision to quash the proceedings primarily influenced by the lack of a dowry-related demand in the case -- Allegations made by the Appellant, which detail instances of physical abuse and harassment, fall within the scope of "cruelty" as defined under clause (a) of Section 498A IPC – Appeal allowed, decision of High Court set aside.

(Para 13-18)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 37, 21, 22, 29, 61, 85  -- Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 483 -- NDPS – Regular bail – Commercial quantity -- Recovery of 261 grams of Tramadol Hydrochloride, marginal above the commercial quantity (250 grams) -- Petitioner is a first time offender with no other case under the NDPS Act registered against him -- Provisions of Section 37 of the NDPS Act can be relaxed – Petitioner in custody since 13.09.2023 but none of the 13 prosecution witnesses have been examined so far and a co-accused has already been granted the similar relief – Bail allowed.

(Para 7-10)

Motor Vehicles Act, 1988 (59 of 1988), Section 166 -- Compensation in motor vehicle accident case – Deceased 16 year old -- Multiplier -- Deceased was studying in 11th standard at the time of the accident on 27.05.2013 -- Notional income of the deceased is assessed as Rs.15,000/- per month -- Future prospects 40% given -- Deceased was unmarried, 50% deduction would be applicable -- Claimants would be entitled to Rs.18,000/- (Rs.15,000+20% increase) towards loss of estate and Rs.18,000/- (Rs.15,000+20% increase) towards funeral expenses and Rs.48,000/- each (Rs.40,000+20% increase) towards loss of consortium – Total compensation comes to Rs.24,00,000/- with interest @ 7.5% per annum from the date of filing of the claim petition till the realization of the entire amount awarded.

(Para 9-11)

Probation of Offenders Act, 1958 (20 of 1958), Section 3, 4, 5 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 360, 361 – Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 401, 402 – Indian Penal Code, 1860 (45 of 1860), Section 326 – Grievous hurt – Probation to accused – Compensation to complainant -- Keeping in view the antecedents of the petitioner and the fact that he is not a previous convict, it is obligatory upon the Court to extend the benefit of Probation of Offenders Act to the convict – Petitioner ordered to be released on probation – To balance the rights of the complainant with the benefit of probation extended to the petitioner, Court directed the petitioner-accused to pay compensation of Rs. 25,000/- to the complainant.

(Para 7-9)

Motor Vehicles Act, 1988 (59 of 1988), Section 166 – Compensation in motor vehicle accident case – Rule of evidence -- Under the Motor Vehicle Act, 1988 it is established that in compensation cases, the strict rules of evidence used in criminal trials do not apply -- Instead, the standard of proof is based on the preponderance of probability.

(Para 13)

A. Code of Criminal Procedure, 1973 (2 of 1974), Section 432 – Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 473 – Constitution of India, Article 21 – Pre-mature release -- When the Presiding officer's opinion is sought, the Presiding Officer must submit his opinion at the earliest considering the fact that the issue of liberty of the convict is involved.

(Para 20)

B. Code of Criminal Procedure, 1973 (2 of 1974), Section 432 – Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 473 – Constitution of India, Article 21 – Pre-mature release -- Duty of Government -- It is the obligation of the appropriate Government to consider cases of all convicts for grant of premature release as and when they become eligible for consideration in terms of the policy -- It is not necessary for the convict or his relatives to make a specific application for grant of permanent remission -- District Legal Services Authorities shall maintain the relevant date of the convicts and as and when they become eligible to a consideration for grant of premature release, they shall do the needful -- The State Legal Services Authorities shall endeavour to create a portal on which the data as aforesaid can be uploaded on real time basis.

(Para 21(a)(g))

C. Code of Criminal Procedure, 1973 (2 of 1974), Section 432 – Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 473 – Constitution of India, Article 21 – Pre-mature release – Policy for -- States and Union Territories that do not have a policy dealing with the grant of remission in terms of Section 432 of the CrPC or Section 473 of the BNSS to formulate a policy within two months.

(Para 21(b))

D. Code of Criminal Procedure, 1973 (2 of 1974), Section 432 – Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 473 – Constitution of India, Article 21 – Pre-mature release – Speaking order -- Communication of -- Order granting or refusing the relief of permanent remission must contain brief reasons -- The order containing reasons should be immediately communicated to the convict through the office of the concerned prison -- The copies thereof should be forwarded to the Secretaries of the concerned District Legal Services Authorities -- It is the duty of the prison authorities to inform the convict that he has the right to challenge the order of rejection of the prayer for the grant of remission.

(Para 21(d))

E. Code of Criminal Procedure, 1973 (2 of 1974), Section 432 – Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 473 – Constitution of India, Article 21 – Pre-mature release – Remission – Cancellation of – Opportunity of hearing -- An order granting permanent remission cannot be withdrawn or cancelled without giving an opportunity of being heard to the convict -- An order of cancellation of permanent remission must contain brief reasons.

(Para 21(e))

Indian Evidence Act, 1872 (1 of 1872), Section 27 – Indian Penal Code, 1860 (45 of 1860), Section 302 – Murder -- Recoveries were made after several days of the incident and no bloodstains etc. were found on the weapons -- PW-15, the doctor who had conducted the post-mortem examination, deposed that the seized weapons were not shown to him -- Knives etc. were also not produced in court -- All the seizure witnesses turned hostile -- Section 27 of the Evidence Act cannot come to the aid of the prosecution -- Clothes of the accused were not seized and sent for forensic examination to find out whether there were any bloodstains --  Medical evidence confirmed multiple stab injuries on his body leading to profuse bleeding and death -- It is for the prosecution to connect the accused to the murder of the deceased by producing credible and legally admissible evidence -- However, no credible evidence at all to connect the accused persons with the homicidal death of deceased -- Appellants are entitled to the benefit of doubt -- Conviction and sentence of the appellants set aside.

(Para 21-25)

A. Transfer of Property Act, 1882 (4 of 1882), Section 58, 100 -- Equitable mortgage – Rights in personam -- Where ‘equitable mortgages’ have been created based on deposit of part-deeds or documents purporting title or evincing intention of parties to create an interest, all such deposits will be a valid mortgage in equity and the charge that might have been created prior in time will assume priority over any subsequent charges or mortgagors --  However, since such a mortgage is an ‘equitable mortgage’ any rights flowing from such mortgages are only of personal character and only rights in personam and as such will not operate against any strangers or subsequent incumbrancers unaware of such equitable mortgage -- Right of the lender to apportion or appropriate the subject property for repayment of loan only a right to take such an action rather than a right in the property itself.

(Para 43)

B. Transfer of Property Act, 1882 (4 of 1882), Section 58, 100 -- Equitable mortgage – Legal mortgage – Right of --  Legal mortgage would have assumed priority in charge, yet an equitable mortgage may still be enforceable as secondary charge, provided the other considerations such as notice of such mortgage is fulfilled.

(Para 53)

C. Transfer of Property Act, 1882 (4 of 1882), Section 58, 100 -- Equitable mortgage – Charge -- ‘equitable mortgages’ are very much recognized in India under the nomenclature of “charge” in terms of Section 100 of the Act, 1882, and the same will be enforceable as far as possible in terms of the procedure and provisions application to a simple mortgage except those without notice of such charge.

(Para 56)

Code of Criminal Procedure, 1973 (2 of 1974), Section 227, 397, 401, 482 -- Discharge by Trial Court – Revision -- Ex-parte stay by High Court – Permissibility of -- Ex-parte order of stay of the order of discharge should not have been passed by the High Court -- Ex-parte order of stay is entirely illegal --  Impugned order set aside.

(Para 22-25)

A. Arbitration and Conciliation Act, 1996 (26 of 1996), Section 31 -- Arbitration award – Legal heirs – Right and liability -- The term ‘partners’ extends to and would include their legal heirs, representatives, assigns or legatees, etc. -- Persons claiming under the rights of a deceased person are the representatives of the deceased party, and therefore, both the parties to the agreement and their legal heirs are entitled to enforce an arbitral award and are bound by it.

(Para 10)

B. Arbitration and Conciliation Act, 1996 (26 of 1996), Section 7, 40 – Arbitration agreement – Death of party – Effect of -- Existence of an arbitration agreement is not affected by the death of a party to the arbitration agreement.

(Para 10)

Consumer Protection Act, 1986 (68 of 1986), Section 2(d) – Consumer – Project loan from Bank -- Dominant purpose behind brand-building itself is to attract more customers and consequently generate profits or increase revenue for the business -- What is to be seen is that whether the dominant intention or dominant purpose for the transaction was to facilitate some kind of profit generation for the person who has availed the service – Held, respondent No.1 is not a ‘consumer’ in terms of Section 2 (1) (d) (ii) of the Act.

(Para 16-21)

Bharatiya Nyaya Sanhita, 2023 (45 of 2023), Section 108 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Abetment of suicide – Anticipatory bail -- No incriminating material put forth by the prosecution to connect the petitioner with the commissioning of offence except that his name has been mentioned in the FIR -- Ingredients of Section 108 of BNS i.e., the abetment or the instigation at the part of the petitioner is missing, therefore, prima facie offence u/s 108 of BNS cannot be made out at this stage -- He is a person of clean antecedents – Petitioner has bona fide intentions and is ready and willing to join the investigation and cooperate for furtherance of the same so that the final report can be submitted by the Investigating Agency in time – Anticipatory bail allowed.

(Para 4, 5)

Motor Vehicles Act, 1988 (59 of 1988), Section 166 -- Compensation in motor vehicle accident case -- Deceased 20 year old was a student of B.A. Final Year -- Date of the accident was 25.07.2004, the notional income of the deceased assessed as Rs.10,000/- per month -- Loss of future prospects 40% -- Multiplier of 18 applied – 50% deduction -- Claimant-appellant would be entitled to Rs.18,000/- (Rs.15,000+20% increase) towards loss of estate and Rs.18,000/- (Rs.15,000+20% increase) towards funeral expenses – Rs.50,000/- awarded for Loss of love and affection -- Total compensation assessed at Rs.15,98,000/- -- Interest @ 6% per annum from the date of filing of the claim petition till the realization of the entire amount.

(Para 9, 10)

A. Indian Penal Code, 1860 (45 of 1860), Section 420 – Cheating – Acquittal – Money taken for sending abroad -- Incident happened in the year 2001, however, written complaint made after two years -- In the complaint, nowhere, mentioned that complainant or his father had arranged an amount of Rs.3,00,000/- by taking loan or by arranging the same from their relatives -- Nothing brought on record to show that any travel agency is being run by the accused persons -- Prosecution has neither proved source of amount nor the fact that who induced the complainant to pay the amount and to whom the payment was made -- As such, the prosecution has failed to prove its case beyond the shadow of reasonable doubt – Acquittal order, upheld.

(Para 5, 7)

B. Code of Criminal Procedure, 1973 (2 of 1974), Section 378 – Appeal against acquittal -- Power of the Appellate Court to unsettle the order of acquittal on the basis of re-appreciation of the evidence is subject to the settled law that where two views are possible and out of the two, one points towards the innocence of the accused, the view which favours the accused should prevail over the other pointing towards his guilt -- Presumption of innocence further gets entrenched on the acquittal of accused by the trial Court.

(Para 6)

Haryana Urban (Control of Rent and Eviction) Act, 1973 (11 of 1973),  Section 13, 15 -- Transfer of Property Act, 1882 (4 of 1882), Section 111 – Eviction of tenant – Appeal -- Mesne profit -- Determination of lease – Tenant purchased 50% share in tenanted premises – Merger of lessee’s estate in that of larger estate of ownership shall came into effect only when tenant acquires full ownership of the estate and not merely part thereof -- Thus, mere acquisition of share of the property cannot absolve the petitioner from his liability to pay use and occupation charges.

(Para 5-8)

A. Specific Relief Act, 1963 (47 of 1963), Section 16 -- Suit for specific performance – Readiness and willingness – Financial capacity -- There is a distinction between the terms ‘readiness’ and ‘willingness’ -- ‘Readiness’ is the capacity of the plaintiff to perform the contract which includes his financial position to pay the sale consideration -- ‘Willingness’ is the conduct of the party.

(Para 14)

B. Specific Relief Act, 1963 (47 of 1963), Section 16 -- Suit for specific performance – Readiness and willingness – Suit at fag end of expiry of limitation -- Agreement of sale (Ex.A1) was executed on 07.06.1993 and the date fixed for execution of the sale deed was one year from the date of measurement of the suit schedule property -- No such measurement was carried out and plaintiff has not raised his little finger in this regard till he got issued legal notice dated 30.05.1996 that is almost for a period of 3 years and suit came to be filed only on 09.06.1997 at the fag end of the expiration of the limitation -- Long unexplained delay in not taking any reasonable steps as is expected from a reasonable person is itself sufficient to disentitle the plaintiff to an equitable relief.

(Para 15)

A. Code of Civil Procedure, 1908 (V of 1908), Order 6 Rule 17 -- Amendment in written statement -- Due diligence -- All the averments which are sought to be pleaded in the amended written statement are with respect to events which were in the knowledge of the petitioner-defendant on the date of filing the written statement -- No due diligence on the part of the petitioner-defendant and thus, the amendment sought is hit by the proviso to Order 6 Rule 17 CPC.

(Para 7)

B. Code of Civil Procedure, 1908 (V of 1908), Order 6 Rule 17 -- Amendment in written statement – After evidence -- Issues framed on 27.01.2021 and the plaintiff has examined as many as 7 witnesses and has closed his evidence on 12.09.2023 -- To rebut the plea taken in the original written statement that the agreement to sell did not bear the signatures of the defendant, the plaintiff has examined PW-7 Handwriting and Finger Print Expert -- Thereafter application for amendment of the written statement moved in which one of the plea sought to be raised is that the agreement to sell is “an anti dated agreement” – Application dismissed, order upheld.

(Para 1, 7, 8)

Court Fees Act, 1870 (7 of 1870), Section 7 -- Code of Civil Procedure, 1908 (V of 1908), Order 7 Rule 11 – Rejection of plaint -- Suit for declaration – Challenge to sae deed -- Advalorem court fee – Petitioner/ plaintiff was one of the executants of the sale deed sought to be challenged -- Although the petitioner has couched the suit as being suit for declaration but in fact the petitioner is seeking cancellation of the sale deed  -- It would be incumbent upon the petitioner to pay the ad valorem court fee on the consideration stated in the sale deed.

(Para 3, 4)

A. Code of Civil Procedure, 1908 (V of 1908), Order 6 Rule 17 -- Amendment in plaint – Due diligence -- All the averments which are sought to be made in the amendment applications are with respect to the facts which were in the knowledge of the petitioner prior to filing of the original plaint/ written statement in the counter claim -- The only reason given for not incorporating the said pleas in the applications was that the petitioner is a layman and could not convey all the facts to the previous counsel -- Plea taken would clearly show that there was no due diligence on the part of the petitioner and thus, the amendment sought is hit by the proviso to Order 6 Rule 17 CPC.

(Para 12)

B. Code of Civil Procedure, 1908 (V of 1908), Order 6 Rule 17 -- Amendment in plaint – Contradictory plea -- Plea sought to be raised by the petitioner in the amendment is contradictory to the plea raised in the original plaint/ written statement -- Amendment cannot be allowed.

(Para 13)