Allahabad - Public Employment - The court affirmed that no vested rights arise from erroneous retrospective regularization, and recovery from Class-IV employees for excess payments is impermissible under the law.

(A) Uttar Pradesh Water Supply and Sewerage Act, 1975 - Sections 8 and 89 - Writ petition challenging orders regarding regularization and pension - Petitioners, initially appointed on daily wages, were regularized on 26.04.2011 following a government directive. The state later issued orders on 18.0 Read more.

Bombay - Disciplinary Proceedings - The employer's power to suspend an employee during disciplinary proceedings must be justified by material evidence, especially after significant delays.

(A) Maharashtra Government Servants Regulation of Transfers and Prevention of Delay in Discharge of Official Duties Act, 2005 - Maharashtra Civil Services (Discipline and Appeal) Rules, 1979 - Suspension of employee - The petitioner challenged the order of suspension dated 11/07/2024 and the transf Read more.

Bombay - Externment - Externment orders must be based on objective material and specific reasons; failure to consider bail status and due process renders such orders invalid.

(A) Maharashtra Police Act, 1951 - Sections 56 and 60 - Externment order - Petitioner externed for two years due to alleged criminal activities - Court found externment orders lacked objective material and failed to consider bail status - No substantial grounds for externment established. (Paras 1, Read more.

Central Administrative Tribunal - Public Employment - The Tribunal cannot intervene in executive decisions regarding increments during suspension until those decisions are made, emphasizing the separation of powers.

(A) Prevention of Corruption Act, 1988 - Sections 7 and 13(1)(d) - Original Application challenging the Memo dated 01.07.2015 regarding increments during suspension periods - Applicant contended entitlement to increments and pay revision under the 6th Central Pay Commission - Respondents argued tha Read more.

Central Administrative Tribunal - Disciplinary Proceedings - The Divisional Medical Officer held independent charge and was competent to initiate disciplinary proceedings against the applicant under the Railway Servants (Discipline & Appeal) Rules, 1968.

(A) Railway Servants (Discipline & Appeal) Rules, 1968 - Rule 11 - Disciplinary proceedings initiated against an employee for taking unauthorized photographs of government documents - The applicant contended that the Divisional Medical Officer lacked the authority to initiate proceedings - The cour Read more.

Central Administrative Tribunal - Promotion and Seniority - The age limit is a critical eligibility criterion for promotion, and exceeding this limit disqualifies an applicant regardless of caste status.

(A) Administrative Tribunals Act, 1985 - Section 19 - Promotion - Applicant sought promotion as group-D, claiming OBC status, but was denied due to age exceeding 50 years on the cut-off date for eligibility - The court found that the applicant did not meet the age criteria for promotion, thus dismi Read more.

Central Administrative Tribunal - Employment and Labor Law - Employees are entitled to equal pay for equal work, and arbitrary reductions or recoveries without due process violate principles of natural justice.

(A) Administrative Tribunals Act, 1985 - Section 19 - Grade pay entitlement - Applicants sought restoration of Grade Pay of Rs.5400/- after thirty years of service, claiming juniors received higher pay - Court noted previous orders and directions from higher courts regarding similar cases - Respond Read more.

Central Administrative Tribunal - Tribunals - The Tribunal ruled that the applicant's claim for financial upgradation was barred by limitation but granted relief based on precedents from similar cases.

(A) Administrative Tribunals Act, 1985 - Section 19 - Financial upgradation under 3rd MACP - Applicant sought to quash an order denying financial benefits of Grade Pay of Rs.7600 and to direct the release of arrears - The Tribunal noted that the applicant's claim was barred by limitation and that s Read more.

Central Administrative Tribunal - Employment and Recruitment - The equivalence of qualifications established by relevant authorities must be recognized, and cannot be rejected based solely on course duration.

(A) Recruitment Rules - Essential Qualifications - The applicant, an Ex-serviceman, challenged the rejection of his candidature for a teaching post on grounds of inadequate qualifications. The court found that the Indian Navy's certification of equivalence was valid and should be recognized over th Read more.

Central Administrative Tribunal - Service Law - The inquiry process must adhere to principles of natural justice, providing the charged individual with adequate opportunity to defend themselves; failure to do so renders the inquiry invalid.

(A) Administrative Tribunals Act, 1985 - Section 19 - Dismissal from service - The applicant challenged the dismissal order and the rejection of his appeal, asserting violations of natural justice and procedural irregularities in the inquiry process. The Tribunal found that the inquiry was conducte Read more.

Central Administrative Tribunal - Employment and Promotion - The Tribunal ruled that promotion eligibility must be based on the date of appointment, ensuring fairness and compliance with the One Time Relaxation provisions, while rejecting unjustified restrictions on seniority.

(A) Administrative Tribunal Act, 1985 - Section 19 - Promotion to Executive Assistant - Applicants sought promotion based on their eligibility under the One Time Relaxation (OTR) scheme, claiming that the zone of consideration was improperly defined - The Tribunal found that the applicants, having Read more.

Central Administrative Tribunal - Service Law - Denial of salaries to Assistant Surgeons during P.G. courses was arbitrary and discriminatory, violating Articles 14 and 16 of the Constitution.

(A) Jammu and Kashmir Civil Services Regulations - Regulation 44-A - Articles 14 and 16 of the Constitution of India - Denial of salary and allowances to Assistant Surgeons during Post Graduate Medical Courses - Petitioners appointed as Assistant Surgeons while pursuing P.G. courses claimed entitle Read more.

Central Administrative Tribunal - Tribunal Procedure - The Tribunal mandated a timely and reasoned decision on the applicants' representation, emphasizing procedural fairness.

(A) No specific laws or sections cited. (B) The Tribunal directed the competent authority to consider and dispose of the applicants' pending representation in a reasoned manner. (C) The applicants sought a timely decision on their representation. (D) The main issue addressed was the timeline for th Read more.

Central Administrative Tribunal - Public Employment - The selection process for teachers must adhere to established rules, and courts should not interfere unless the process is proven to be arbitrary or illegal.

(A) SRO 343 of 2004 - Selection process for teachers - The petitioner challenged the selection of candidates under the RBA category for District Samba, alleging violations of residency requirements and arbitrary selection practices. The court emphasized adherence to selection rules and the merit-ba Read more.

Central Administrative Tribunal - Service Matters - The principle of equal pay for equal work mandates that a senior cannot receive lesser pay than a junior in the same post, necessitating rectification of pay anomalies.

(A) Administrative Tribunals Act, 1985 - Section 19 - Pay anomaly - Applicant sought stepping up of pay to match junior's salary, claiming seniority and adherence to CCS (Revised Pay) Rules, 2008 - Respondents denied anomaly, citing applicant's failure to exercise options for pay fixation - Court f Read more.

Central Administrative Tribunal - Service Law - Work recorded in the service book during vacation periods entitles an employee to earned leave benefits, regardless of formal authorization.

(A) J&K Civil Services Leave Rules, 1979 - Earned Leave Benefits - The petitioner sought to quash the rejection of his claim for earned leave (cash-in-lieu) benefits for 103 days worked during vacation periods, asserting that the work was recorded in his service book. The respondents contended that Read more.

Central Administrative Tribunal - Compassionate Appointment - Compassionate appointments are exceptions, not rights, requiring adherence to policies in place at the time of application, and must be timely to address financial destitution.

(A) Administrative Tribunals Act, 1985 - Section 19 - Compassionate appointment - Applicant sought to challenge the rejection of his application for compassionate ground appointment following his father's death in 2000 - The rejection was based on the applicant's failure to demonstrate indigent con Read more.

Central Information Commission - Right to Information - CPIOs must provide specific responses to RTI applications and cannot transfer them without context; personal information is exempt from disclosure under Section 8(1)(j) of the RTI Act.

(A) Right to Information Act, 2005 - Section 8(1)(j) - RTI Application - Appellant sought information regarding actions taken by various authorities concerning malpractices in private technical institutes - CPIOs failed to provide specific replies - Commission directed AICTE and MHRD to revisit rec Read more.

Chhattisgarh - Disciplinary Proceedings - The principle of natural justice mandates that no one can be a judge in their own cause, and parties must be given a fair opportunity to present their case in disciplinary inquiries.

(A) Civil Services (Classification, Control and Appeal) Rules, 1966 - Principle of natural justice - The petitioner challenged the dismissal of his appeal against a disciplinary order imposing a major penalty of withholding increments. The inquiry was deemed vitiated due to bias in the appointment Read more.

Chhattisgarh - Disciplinary Proceedings - The disciplinary inquiry was invalid due to the inquiry officer's conflict of interest and the denial of the petitioner's right to a fair hearing.

(A) Civil Services (Classification, Control and Appeal) Rules, 1966 - Principle of natural justice - The petitioner challenged the disciplinary authority's order imposing a major penalty of withholding increments, claiming bias in the inquiry process and lack of opportunity to present a defense. Th Read more.

Gujarat - Public Employment - The court determined that the outcome of the appeals regarding health worker regularization is contingent upon a pending review application, emphasizing judicial economy.

(A) Letters Patent, 1865 - Clause 15 - Appeals regarding regularization of Female Health Workers/Multipurpose Health Workers - The appeals are disposed of subject to the outcome of a review application filed by the State Government in a related matter. (Paras 1-4) (B) Judicial Economy - The court e Read more.

Gujarat - Public Employment - The court condoned a significant delay in filing a Letters Patent Appeal to ensure uniform treatment of employees in accordance with Supreme Court directives regarding increments.

(A) Supreme Court - Order dated 11.04.2023 - Condonation of delay in filing Letters Patent Appeal - The application seeks condonation of delay of 791 days in light of the Supreme Court's order regarding grant of one increment to employees. The State Government's policy was withdrawn following the S Read more.

Jharkhand - Disciplinary Proceedings - Disciplinary proceedings must uphold moral standards, and courts can only intervene if findings are perverse or unsupported by evidence.

(A) Constitution of India - Article 226 - Disciplinary proceedings - Reversion of police officer to basic pay for three years due to charges of moral turpitude - Court cannot re-evaluate evidence scrutinized by enquiry officer unless findings are perverse or unsupported by evidence. (Paras 6, 7, 8) Read more.

Jharkhand - Writ Jurisdiction - Petitioners entitled to seek refund of Earnest Money and Security Deposit due to State's alleged delays in environmental clearance processing.

(A) Constitution of India - Articles 14 and 19(1)(g) - Mines and Minerals (Development and Regulation) Act, 1957 - Jharkhand Minor Mineral Concession Rules, 2007 - Writ petitions for quashing cancellation of auction for settlement of Sand Ghat and seeking refund of Earnest Money and Security Deposi Read more.

Kerala - Regulation of Street Vending - The court established that only street vendors with valid certificates and IDs issued by the Municipal Corporation are authorized to operate, emphasizing compliance with the legislative framework for street vending.

(A) The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 - The Kerala Street Vendors (Protection of Livelihood and Regulation of Street Vending) Rules - The Kerala Street Vendors (Protection of Livelihood and Regulation of Street Vending and Licensing) Scheme, 20 Read more.

Kerala - Electricity Regulation - The court held that approval from the Electrical Inspector does not exempt high-tension consumers from additional charges for exceeding sanctioned load under the Electricity Act, 2003.

(A) Electricity Act, 2003 - Sections 126 - Writ petitions filed by high-tension consumers challenging additional demand raised following inspection - The court held that the approval from the Electrical Inspector does not exempt the consumer from additional charges if the connected load exceeds the Read more.

Kerala - Employment Transfers - Transfer orders are administrative decisions and courts should not interfere unless there is evidence of mala fides or statutory violations.

(A) Constitution of India - Article 226 - Transfer order - The appellant challenged a transfer order from Thiruvananthapuram to Kottayam, claiming it violated transfer guidelines and caused undue hardship due to family circumstances - The court held that transfer orders are administrative decisions Read more.

Kerala - Writ Jurisdiction - Writ petitions are dismissed when the matter becomes infructuous, indicating no live issue for the court's determination.

(A) Writ Jurisdiction - Dismissal of petitions - The petitions were dismissed on the grounds that the matter has become infructuous, indicating that there is no longer a live issue for determination by the court. (Paras 1) Facts of the case: The petitioners' counsel submitted that the matter has b Read more.

Kerala - Ombudsman Proceedings - The court emphasized the need for timely responses to audits and complaints by the Devaswom Boards, ensuring accountability in their management.

(A) Ombudsman Act - Periodical Report No.67 - Audits, complaints, maramath petitions, reports, visits, and finance of Travancore and Cochin Devaswom Boards - The Ombudsman reported pending audits and complaints, with strict instructions for timely responses. The court directed the Ombudsman to tabu Read more.

Kerala - Service Matters - Judicial consistency mandates that similar cases should be treated alike, ensuring entitlement to pay fixation and increments as per established precedents.

(A) Kerala Service Rules - Rule 37(b) - Pay fixation - The petitioner, holding the post of HSST (Junior), claimed entitlement for pay fixation under the Special Rules and next increment on 01.11.2027, which was not granted - The Government rejected the Revision Petition - The court noted that a sim Read more.

Kerala - Compassionate Appointment - Compassionate appointment claims cannot be denied based on non-income generating ancestral property, emphasizing the need to evaluate financial necessity.

(A) Central Administrative Tribunal (Procedure) Rules, 1987 - Compassionate appointment - The applicant sought compassionate appointment following the death of his mother, a Postwoman, but was denied due to insufficient points awarded by the respondents. The Tribunal held that ancestral property in Read more.

Madras - Disciplinary Proceedings - The issuance of a charge memo after significant delay and without adherence to natural justice principles constitutes an abuse of process, warranting quashing of the proceedings.

(A) Prevention of Corruption (Amendment) Act, 2018 - Sections 7, 13(2) and 409 of IPC - Writ petitions concerning promotion and disciplinary proceedings against a Sub-Registrar - Allegations of corruption were dropped by the Directorate of Vigilance and Anti-Corruption, yet disciplinary proceedings Read more.

Madras - Disciplinary Proceedings - The court ruled that a second charge memo, being a replica of a previously quashed memo, was invalid, emphasizing the principle of non-duplication of disciplinary charges.

(A) Tamil Nadu Government Servants Conduct Rules, 1973 - Charge Memo - The petitioner challenged the order imposing a punishment of stoppage of increment for one year, asserting that the charges were a repetition of earlier charges quashed by the Administrative Tribunal. The court found the second Read more.

Madras - Public Employment - Rule 10 of the Tamil Nadu Revision of Scales of Pay Rules, 2009 applies to all promotions after 01.01.2006, and denying benefits based on promotion timing is arbitrary.

(A) Tamil Nadu Revision of Scales of Pay Rules, 2009 - Rule 10 - Pay fixation on promotion - Petitioners, previously Assistant Directors, promoted to Joint Directors after 01.06.2009, claimed pay fixation under Rule 10, which was denied by the respondents - Court found no basis for excluding post-0 Read more.

Madras - Public Employment - The court ruled that prior part-time service of Village Assistants cannot be counted for pension calculations under the Tamil Nadu Village Assistants' Pension Rules, affirming the principle that erroneous orders cannot create binding precedents.

(A) Tamil Nadu Village Servants' Service Rules, 1980 - Tamil Nadu Village Assistants' Pension Rules, 1995 - Tamil Nadu Pension Rules, 1978 - The writ petitioners, originally appointed as Village Assistants, sought to include 50% of their prior service for pension calculations. The court held that t Read more.

Madras - Public Employment - The court upheld that the absence of a physically challenged category in the recruitment notification precluded the application of age concessions, validating the appointment of the selected candidate.

(A) G.O.Ms.No.704 dated 15.04.1964 - Recruitment notification dated 29.03.2018 - Age concession for physically challenged - The petitioner, a Scheduled Caste candidate with 60% disability, applied for the post of Panchayat Clerk but was not selected due to being over-aged. The first respondent appo Read more.

Madras - Compassionate Appointment - The court emphasized that applications for compassionate appointment should consider the applicant's age and circumstances, particularly when the applicant was a minor at the time of the parent's death.

(A) G.O.Ms.No.120, Labour and Employment Department dated 26.06.1995; G.O.(Ms)No.18, Labour and Employment (Q1) Department dated 23.01.2020 - Compassionate appointment - Application for compassionate grounds must be made within three years of the government servant's death - Petitioner, a minor at Read more.

Madras - Disciplinary Proceedings - Disciplinary proceedings must adhere to principles of natural justice, and disproportionate punishment may be reduced by the court.

(A) Disciplinary Proceedings - Principles of Natural Justice - The petitioner, a Regional Audit Officer, faced disciplinary action based on four charges, with only one charge not proved. The enquiry officer's report was found to lack compliance with natural justice principles, leading to a flawed d Read more.

Madras - Writ Jurisdiction - The court emphasized the necessity of communicating the cancellation of admission to allow the petitioner to challenge the decision appropriately.

(A) Writ Jurisdiction - Show Cause Notice - The petitioner challenged a show cause notice alleging submission of fake certificates for NRI seat admission. The petitioner’s son secured admission after proper documentation was submitted, but the admission was later cancelled without proper communicat Read more.

Madras - Natural Justice - The principles of natural justice, particularly the right to be heard, are fundamental in administrative proceedings, and any decision made without notice is invalid.

(A) Natural Justice - Principles of audi alteram partem - The petitioner challenged the reclassification of land and cancellation of patta without notice, violating procedural fairness. The court emphasized the necessity of a hearing before depriving individuals of property rights. (Paras 7, 10, 11 Read more.

Madras - Cooperative Societies - Proven misappropriation of funds and persistent negligence justify disqualification under Section 36 of the Tamil Nadu Cooperative Societies Act.

(A) Tamil Nadu Cooperative Societies Act - Sections 36 and 81 - Writ Petition challenging disqualification of the petitioner as President of a Cooperative Society based on allegations of misappropriation and persistent negligence - The petitioner contended that he had not committed any default and Read more.

Madras - Public Service Employment - Accrued legal rights to pension benefits cannot be denied due to administrative delays in appointment.

(A) Tamil Nadu Pension Rules, 1978 - Direct Recruitment Notification - Assistant Public Prosecutor (Grade II) - Writ petitions filed for inclusion in Old Pension Scheme after being appointed from reserve list - Court found delay in appointments attributable to the State and TNPSC, thus granting rig Read more.

Madras - Land Law - Orders issued under Section 6 of the Tamil Nadu Land Encroachment Act by unauthorized officers are void for lack of jurisdiction, necessitating the issuance of proper notices under Section 7.

(A) Tamil Nadu Land Encroachment Act, 1905 - Section 6 and Section 7 - Writ petitions challenging notices/orders issued under Section 6 by an unauthorized officer - The orders were held to be without jurisdiction as they were not issued by authorized officers specified under the Act. (Paras 4, 9, 1 Read more.

Madras - Service Law - A government servant is entitled to promotion consideration after the period of minor punishment, as imposed check periods are illegal and impermissible under statutory rules.

(A) Service Regulations, 1989 - Promotion - Check period for eligibility - Petitioner, a Shift Engineer, was denied inclusion in promotion panel due to prior minor punishment within check period - Court held that such embargo is illegal post-punishment period as per Full Bench ruling - Relevant jud Read more.

Rajasthan - Writ Jurisdiction - Candidates participating in a selection process cannot later challenge it based on alleged faults if they did not raise objections during the process.

(A) Constitution of India - Article 226 - Writ petition challenging selection process - Petitioners participated in selection process without objection and later sought to challenge it due to alleged technical faults in typing test - Court held that participation precludes challenge to process - Pe Read more.

Supreme Court - Writ Jurisdiction - The court affirmed the applicability of the 7th Pay Commission salary to University employees, allowing interim payments pending the resolution of the writ petition.

(A) Interim Application - Payment of salary as per 7th Pay Commission - The High Court allowed the interim application for payment of full salary, subject to the outcome of the writ petition, acknowledging the applicability of the 7th Pay Commission to the University. (Paras 3, 5) (B) Writ Petition Read more.

Telangana - Writ Jurisdiction - The court directed the Municipality to act on representations regarding illegal activities while clarifying it cannot resolve title disputes in a writ petition under Article 226.

(A) Telangana Municipalities Act, 2019 - Sections 2(21), 2(22), 2(39), 2(40), 2(55), 2(58), 2(69), 2(103), 2(108), 137, 139, 142, 158, 161, 162, 171 - Writ petition filed by a registered association to declare the inaction of respondents in addressing illegal activities by respondent No.5 as arbitr Read more.

Telangana - Disciplinary Proceedings - Disciplinary charge sheets cannot be quashed routinely; grievances must be addressed to the disciplinary authority first.

(A) Writ Petition - Challenge to disciplinary proceedings - Allegations of illegal orders and victimization - Respondents issued charge memorandum and appointed Inquiry Officer after previous inquiry - Petitioner claims harassment and lack of jurisdiction - Respondents assert due process followed a Read more.

Telangana - Writ Jurisdiction - The court emphasized the necessity of adhering to principles of natural justice, requiring notice and opportunity to be heard before imposing back billing assessments.

(A) Writ Jurisdiction - Principles of Natural Justice - The petitioner challenged the proceedings issued by the respondents for back billing assessment amounting to Rs.1,51,06,461/- without prior notice, claiming it to be arbitrary and illegal. The court emphasized the necessity of notice and oppor Read more.

Telangana - Disciplinary Proceedings - The court upheld the disciplinary authority's decision, confirming the deferment of increments while setting aside the show cause notice for removal, emphasizing adherence to natural justice principles.

(A) TSRTC Employees (Classification, Control and Appeal) Regulations, 1967 - Regulation 27(1)(b) and 27(1)(c)(I)(b) - Writ petition challenging the show cause notice for removal from service and the order of deferment of increments - The petitioner contended that the show cause notice was a pre-det Read more.

Telangana - Disciplinary Proceedings - Continuation of departmental proceedings after acquittal in criminal case based on identical charges violates principles of natural justice.

(A) Railway Protection Force Rules, 1987 - Rule 153 - Writ Petition challenging continuation of departmental proceedings after acquittal in criminal case - Petitioner reinstated after acquittal but denied benefits - Court held that continuation of proceedings is illegal and arbitrary as charges are Read more.

Telangana - Employment Law - The right to seek employment for dependents of victims of extremist violence arises upon issuance of relevant government orders, with age considered at that time, not at the incident.

(A) Constitution of India - Articles 14, 21, and 26 - Employment benefits for dependents of victims of extremist violence - Petitioners challenged rejection of employment request based on arbitrary grounds, citing violation of constitutional rights and prior court rulings. (Paras 1, 10, 52) (B) Gov Read more.

Telangana - Service Law - Promotion eligibility requires passing Departmental Tests; exemptions for age do not apply to those previously promoted.

(A) Constitution of India - Articles 14 and 16 - Writ of Mandamus - Petitioners challenged the promotion of unofficial respondents to Assistant Divisional Engineer, claiming seniority and eligibility based on qualifications and service - Petitioners argued that the promotion process was arbitrary a Read more.

Telangana - Disciplinary Proceedings - The existence of an alternative remedy precludes the exercise of writ jurisdiction unless exceptional circumstances are demonstrated.

(A) Constitution of India - Article 226 - Writ of Mandamus - The petitioner challenged the punishment of stoppage of three annual grade increments imposed without adequate reasoning, claiming it was arbitrary and disproportionate to the alleged misconduct. The court noted that the petitioner failed Read more.

Telangana - Property Rights - The rejection of building permission based solely on existing road width, without considering the proposed width per the Master Plan, violates property rights under Article 300A of the Constitution.

(A) Constitution of India - Articles 14, 21, and 300A - Writ Petition challenging the rejection of building permission on grounds of non-compliance with road width requirements - Petitioners contended that the rejection was arbitrary and illegal, violating their right to property - The court found Read more.

Telangana - Writ Jurisdiction - The High Court may decline to entertain a writ petition when an effective alternate remedy exists, except in cases involving fundamental rights or jurisdictional issues.

(A) Electricity Act, 2003 - Sections 56 and 126 - Constitution of India - Article 14 - Writ of Certiorari - The petitioner sought to quash the Final Assessment Order for misclassification of electricity service connections and alleged violations of law and principles of natural justice. (Para 2) (B Read more.

Tripura - Service Law - The court held that continuous service of over 10 years entitles an employee to regularization and pensionary benefits, and arbitrary denial of such benefits to the family of a deceased employee is impermissible.

(A) Constitution of India - Article 226 - Writ of mandamus - Petitioners sought recognition of service of deceased as regular from 01.04.1991 and release of pensionary benefits posthumously - The government regularized similar services but excluded the deceased due to timing of death - Court found Read more.

Madras - Arbitration Award Review - The court affirmed that arbitration awards must remain within the scope of the arbitration agreement, and judicial review is limited to instances of patent illegality.

(A) Arbitration and Conciliation Act, 1996 - Sections 34, 28(3), 16 - Challenge to Arbitral Award - The petitioner sought to set aside the Final Award dated 29.08.2023 due to alleged excessiveness beyond arbitration scope and public policy violations - The parties had entered a Theatrical Distribut Read more.

Supreme Court - Contractual Disputes - Limitation of liability clauses in contracts are enforceable, and acceptance of contract terms precludes subsequent claims for damages.

(A) Arbitration and Conciliation Act, 1996 - Section 37 - Appeal against arbitral award - Validity of clause 49.5 of General Conditions of Contract - Clause prohibiting claims for damages upheld - Appellant's claims for damages rejected as barred by contract terms - Extension of time granted withou Read more.

Kerala - Writ Jurisdiction - The court ruled that banks must limit account freezes to specified amounts and act promptly on police notifications to avoid indefinite restrictions on account holders.

(A) Code of Criminal Procedure - Section 102 (now Section 106 of the Bharatiya Nagarik Suraksha Sanhita, 2023) - Writ petition to lift debit freeze on bank account - The court directed the bank to limit the freeze to the amount specified by police requisition and to act promptly on police communica Read more.

Kerala - Account Seizure - The court mandates that banks may only freeze accounts to the extent specified by police requisitions, ensuring timely compliance with legal procedures regarding account seizures.

(A) Code of Criminal Procedure - Section 102 (now Section 106 of the Bharatiya Nagarik Suraksha Sanhita, 2023) - The petitioner seeks to lift the debit freeze on bank accounts due to illegal and arbitrary action by the bank following requisitions from police authorities. (Paras 1-2) (B) Judicial Pr Read more.

Kerala - Writ Petition - Indefinite freezing of bank accounts without timely police reporting is invalid; banks must limit freezes to disputed amounts.

(A) Code of Criminal Procedure - Section 102 (now Section 106 of the Bharatiya Nagarik Suraksha Sanhita, 2023) - Writ petition for lifting the debit freeze on a bank account - Court directed the bank to limit the freeze to the disputed amount and required police to report on the seizure status - Si Read more.

Bombay - Jurisdiction - The jurisdiction of a court must align with the cause of action, and attempts at forum shopping are impermissible.

(A) Constitution of India - Article 226(2) - Code of Civil Procedure - Section 20(c) - Jurisdiction of High Courts - Petitioners challenged the classification of their accounts as fraud by the Bank, asserting jurisdiction based on cause of action arising in Delhi - Court emphasized the principle of Read more.

Kerala - Banking Law - The court ruled that a bank's freezing of an account must be limited to the amount specified by police, and timely reporting to the Magistrate is essential to maintain the validity of such actions.

(A) Code of Criminal Procedure - Section 102 (now Section 106 of the Bharatiya Nagarik Suraksha Sanhita, 2023) - Writ petition to lift debit freeze on bank account - The court directed that the freezing order should only apply to the amount specified in the police requisition, allowing the petition Read more.

Kerala - Financial Recovery - The court upheld the bank's offer of a One Time Settlement under the SARFAESI Act, allowing the petitioner to settle their liability by specified deadlines.

(A) Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - The petitioner challenges proceedings initiated by the respondent bank under the SARFAESI Act for recovery of amounts due under housing loans. The bank offers a One Time Settlement of Rs.57.55 Read more.

Kerala - Writ Petition - The court established that a bank account freeze must be limited to the amount specified by police, with timely reporting required to maintain the freeze's validity.

(A) Code of Criminal Procedure - Section 102 (now Section 106 of the Bharatiya Nagarik Suraksha Sanhita, 2023) - Writ petition to lift freezing of bank account - The court directed that the freezing order should only apply to the amount specified by the Police, allowing the petitioner to transact b Read more.

Madras - Property Disputes - Parties invoking extraordinary jurisdiction must disclose all relevant facts; suppression of material facts constitutes an abuse of process and may lead to dismissal of the petition.

(A) Constitution of India - Article 226 - Writ Petition - Petitioners sought to quash proceedings regarding fraudulent registration of sale deeds - Petitioners suppressed facts of a prior compromise with the third respondent and receipt of substantial payment - The District Registrar's cancellation Read more.

Madras - Trusts - The court upheld the trial court's order allowing document production relevant to the allegations in a public trust administration case, emphasizing the necessity of transparency and accountability.

(A) Civil Procedure Code, 1908 - Section 92 - Issuance of summons to produce documents - The court confirmed the trial court's order allowing the plaintiffs' application for document production, emphasizing the necessity of documents relevant to the allegations made in the plaint. (Paras 18, 22, 24 Read more.

Madras - Specific Performance - The court emphasized a liberal interpretation of 'sufficient cause' for condoning delays in appeals, balancing justice with the rights of parties involved.

(A) Specific Relief Act - Section 16(c) - Civil Procedure Code - Delay in filing appeal - Petitioner sought to condone a delay of 1266 days in appealing against a suit dismissed for specific performance - The court emphasized the need for a sufficient cause for delay, referencing the necessity of e Read more.

Madras - Procedural Law - The court ruled that a summary suit under Order 37 requires a real defense to grant leave, emphasizing that established judgments on fixed debts must be honored without further deliberation.

(A) Civil Procedure Code, 1908 - Order 37 - Review of order denying leave to defend - Applicant's claim for leave to defend was rejected by the Court, which was upheld in a Civil Revision Petition - The applicant contended that the refusal violated principles of natural justice and that several tri Read more.

Madras - Property Law - The right to sue exists as long as the right to property exists; mere denial in a written statement does not suffice for the cause of action to accrue.

(A) Limitation Act - Articles 58 and 64 - Civil Procedure Code - Order VII Rule 10 - Amendment of plaint - The plaintiff sought amendment to recover possession of property, alleging encroachment by the defendant. The court ruled that the right to sue exists as long as the right to property exists, Read more.

Telangana - Contract Law - The burden of proof lies on the plaintiff to substantiate claims of loan transactions, and agreements obtained under coercion are not binding.

(A) Code of Civil Procedure, 1908 - Section 100 - Second appeal - The plaintiff sought recovery of Rs.47,850/- from defendants based on oral loans, which were denied. The trial court decreed the suit, but the appellate court reversed the decision, citing lack of evidence and coercion in obtaining a Read more.

Allahabad - Execution of Decrees - The maintainability of an execution application by a third party must be specifically addressed by the executing court, particularly when the application is not signed by the decree holder.

(A) Constitution of India - Article 227 - Code of Civil Procedure, 1908 - Section 47 and Order 21 Rules 10 and 11(2) - Execution of decree - The executing court rejected the objection regarding the maintainability of execution application by a third party, which was not signed by the decree holder Read more.

Andhra Pradesh - Contract Law - The burden of proof lies with the Plaintiff to establish the execution and validity of the promissory note, and the Court can compare signatures to determine authenticity.

(A) Code of Civil Procedure, 1908 - Section 100 - Indian Evidence Act, 1872 - Section 73 - Second Appeal - The Appellant challenged the First Appellate Court's decree allowing recovery based on a promissory note. The Court emphasized the burden of proof lies with the Plaintiff to establish the exec Read more.

Andhra Pradesh - Property Law - An interim injunction ceases to exist upon the dismissal of the main suit, and authorities must act accordingly to process related documents.

(A) Registration Act, 1908 - Section 71 - Writ of Mandamus - The petitioner sought to declare the respondents' action in not issuing a market value certificate and not processing land documents as arbitrary and illegal. The court found that the interim injunction merged with the final order of dism Read more.

Bombay - Property Law - The review jurisdiction is limited to correcting errors apparent on the record, not to rehear arguments already considered.

(A) Transfer of Property Act - Section 53A - Jurisdictional error in eviction proceedings - Review petitions filed against the judgment quashing eviction decrees on grounds of jurisdictional error - The Respondent claimed protection under Section 53A, asserting rights as a prospective purchaser - C Read more.

Bombay - Contract Law - The court affirmed that the burden of proof lies on the plaintiff to establish the validity of the agreement for specific performance, and that permission from the Collector is necessary under the Tenancy Act.

(A) Bombay Agricultural Tenancy Act, 1948 - Specific performance of contract - The plaintiff sought specific performance of a contract for sale executed by defendants on 20.10.1973, with payments made totaling Rs. 11,500/- - Defendants claimed the agreement was a money lending transaction and execu Read more.

Delhi - Property Law - A registered Sale Deed cannot be challenged based on oral assertions contrary to its written terms, and failure to pay Court Fee results in dismissal of the suit.

(A) Code of Civil Procedure, 1908 - Section 115 - Order VII Rule 11 - Suit for Declaration of Sale Deed as null and void - Plaintiff failed to pay requisite Court Fee and did not disclose any cause of action - The Trial Court's order granting time for Court Fee was erroneous - The Sale Deed execute Read more.

Delhi - Tenancy Law - Admissions in pleadings allow for a speedy judgment under Order XII Rule 6 CPC, preventing unnecessary protracted litigation when there is no dispute on relevant facts.

(A) Code of Civil Procedure, 1908 - Order XII Rule 6 - Tenant's possession - The appellant tenant was directed to restore possession of the tenanted property to the respondent landlord based on admissions in pleadings. The tenancy expired on 20.07.2020, and despite requests, the appellant did not v Read more.

Gauhati - Family Law - The court emphasized a liberal approach to condonation of delay in appeals, especially when the delay is short and sufficient cause is shown.

(A) Limitation Act, 1963 - Section 5 - Family Courts Act, 1984 - Section 19(3) - Condonation of delay - Application filed for condonation of 21 days delay in filing appeal against Family Court judgment - Delay explained as due to collection of certified copy from Meghalaya - Court emphasized that d Read more.

Jharkhand - Contract Law - The court established that loans against minors' fixed deposits, without the natural guardian's consent, are illegal, affirming joint liability for wrongful appropriation.

(A) Hindu Minority and Guardianship Act, 1956 - Section 11 - Money Suit - Loan against minors' fixed deposits - The court held that the defendant uncle, without the express permission of the natural guardian, wrongfully pledged the minors' fixed deposits to secure a loan, resulting in joint and sev Read more.

Jharkhand - Property Law - An appellate court cannot modify a trial court's decree based solely on counsel's oral submissions without evidence, as this contravenes the principles of natural justice.

(A) Code of Civil Procedure, 1908 - Section 96 - Appeal against judgment and decree - First Appellate Court committed perversity by modifying the trial court's findings based solely on oral submissions of counsel, disregarding the binding nature of the trial court's decree - The concession made by Read more.

Kerala - Property Law - The plaintiff failed to prove her claim of an oral gift of property, leading to the dismissal of her appeal for partition.

(A) Partition Act - Suit for partition of property - The plaintiff sought partition of 21 cents of land, claiming a 1/3 share, alleging oral gifts from the deceased father - The 1st defendant executed settlement deeds without authority, deemed void ab initio - The courts found no evidence supportin Read more.

Kerala - Civil Procedure - A misconception of fact or law can justify a review under Order 47 Rule 1 CPC, particularly when non-examination of a commissioner is prejudicial to the defense.

(A) Code of Civil Procedure, 1908 - Order 47 Rule 1 - Review of orders - The petitioner challenged the trial court's orders regarding the closure of evidence and the review application. The court found that the trial court's conclusion regarding the non-prejudice of non-examination of a commissione Read more.

Kerala - Property Law - The court upheld the validity of a Will executed under the Indian Succession Act, emphasizing the discretion of the Trial Court in evaluating evidence and the necessity for parties to cooperate in legal proceedings.

(A) Indian Succession Act, 1925 - Section 63 - Indian Evidence Act, 1872 - Sections 67 and 68 - Partition suit - Validity of Will - The plaintiff contested the validity of a Will executed by Raghavan, claiming it was fraudulent and not executed in a sound disposing capacity - The Trial Court found Read more.

Kerala - Contract Law - An unregistered agreement for rubber tapping is inadmissible, but claims can still be substantiated through admitted pleadings and evidence.

(A) Registration Act - Section 17 - Agreement for rubber slaughter tapping - Unregistered agreement could not be relied upon by the Trial Court as per precedent - Plaintiff limited claim to Rs.5,00,000/- despite defendant's non-payment of installments - Defendant's claims of cancellation of agreeme Read more.

Madras - Civil Procedure - The court emphasized that a bona fide explanation for delay must be established for condonation, and costs may be imposed due to the length of the delay.

(A) Civil Procedure Code, 1908 - Section 5 - Delay in filing appeal - Petition filed to condone a delay of 697 days in appealing against a decree for partition - The petitioner claimed health issues as reasons for the delay - The court noted that the opposing parties had no objections to condoning Read more.

Madras - Procedural Law - Interrogatories under Order XI Rule 1 must be relevant and necessary for the case, and parties retain the right to cross-examine witnesses on related issues.

(A) Code of Civil Procedure, 1908 - Order XI Rule 1 - Civil revision petition challenging dismissal of application for interrogatories - Plaintiff sought declaration against suspension from club and permanent injunction - Application dismissed as it would lengthen trial - Court allowed certain inte Read more.

Madras - Limitation and Delay - The court held that mere reliance on counsel does not excuse delay in litigation; sufficient cause must be demonstrated for each day of delay to condone it.

(A) Limitation Act, 1963 - Section 5 - Specific Performance - Revision against dismissal of application to condone delay of 1158 days in setting aside exparte decree dated 07.03.2015 - Petitioners claimed ignorance of decree due to reliance on counsel - Trial Court found delay inadequately explaine Read more.

Madras - Contract Law - For specific performance, a plaintiff must demonstrate readiness and willingness to perform the contract, which was not established in this case.

(A) Specific Relief Act, 1963 - Section 16(3) - Agreement of sale - Plaintiff failed to demonstrate readiness and willingness to perform his part of the contract - Appellant received advance of Rs.5,00,000/- but did not execute sale deed - Trial Court's decree for specific performance set aside due Read more.

Madras - Property Law - The court affirmed that a plaint should not be rejected under Order VII Rule 11 unless it is clear from the plaint itself that the suit is barred by law, emphasizing the need for a full trial on complex issues.

(A) Code of Civil Procedure, 1908 - Order VII Rule 11 - Suit for declaration of property share - Revision petition challenging trial court's dismissal of application for rejection of plaint based on prior judgment and court fee valuation - Court upheld the trial court's decision, emphasizing the ne Read more.

Madras - Property Law - Possession of one co-parcener is deemed possession of all; mere long possession does not establish adverse possession without evidence of ouster.

(A) Limitation Act, 1963 - Article 110 - Partition of ancestral properties - Plaintiff challenged the concurrent finding of lower courts denying partition based on alleged ouster and limitation - Courts held that the plaintiff was ousted from claiming rights due to long absence and failure to pursu Read more.

Madras - Motor Accident Claims - The court established that the Tribunal's assessment of income and contributory negligence was inadequate, leading to an enhanced compensation amount.

(A) Motor Vehicles Act - Sections related to compensation and negligence - The court addressed contributory negligence, fixing it at 20% on the deceased, and the quantum of compensation awarded by the Tribunal was enhanced from Rs.17,45,062/- to Rs.23,47,500/- due to inadequate assessment of income Read more.

Madras - Property Law - An unregistered sale deed is invalid for specific performance claims, and the burden of proof lies with the plaintiff to establish the validity of the transaction.

(A) Registration Act - Sections 17(1A), 35, 36; Transfer of Property Act - Section 53 - Specific performance - Plaintiff sought specific performance based on an unregistered sale deed, which was deemed invalid due to lack of registration and insufficient stamping - The court found that the plaintif Read more.

Rajasthan - Property Law - Civil courts retain jurisdiction in matters involving municipal authorities unless explicitly barred, and reliance on incorrect legal provisions can lead to the reversal of judgments.

(A) Jaipur Development Act, 1982 - Section 99 - Rajasthan Municipal Act, 2009 - Section 304 - Civil Suit for injunction against construction - Appellate court set aside trial court's decree citing jurisdictional bar under Section 99 - Court found that Section 99 was not applicable as the civil cour Read more.

Supreme Court - Family Law - The court emphasized that innocent parties should not suffer due to their counsel's negligence, allowing the condonation of delay in filing an appeal.

(A) Limitation Act, 1963 - Section 5 - Condonation of delay - Appeal against dismissal of second appeal due to delay of 225 days - Explanation for delay found satisfactory - Court emphasizes the socio-economic background of litigants and the reliance on counsel - Delay condoned. (Paras 10, 13, 15) Read more.

Telangana - Contract Law - Interest should only be awarded on the principal sum as per Section 34 of the CPC, not on the total claim amount.

(A) Code of Civil Procedure, 1908 - Section 34 - Appeal against judgment and decree - Plaintiffs claimed recovery of dues from defendants based on a Memorandum of Understanding - Defendants admitted liability for principal amount but disputed interest - Trial Court awarded Rs.26,75,000/-; appeal mo Read more.

Telangana - Property Law - The plaintiff failed to prove joint family ownership of the property, and the defendant's title through a registered sale deed was upheld.

(A) Code of Civil Procedure, 1908 - Sections 25, Order IV, Order VII, and Section 100 - Partition suit - Plaintiff sought partition of land claiming joint family ownership, but failed to prove joint possession or coparcenary status - The trial Court dismissed the suit, confirming that the defendant Read more.

Telangana - Property Law - A cause of action must be established through material facts, and cannot be dismissed without a full trial, especially when based on a registered will.

(A) Civil Procedure Code, 1908 - Order 7, Rule 11 - Limitation Act, 1963 - Article 65 - Second appeal against rejection of plaint for declaration of title and recovery of possession - Plaintiffs claimed title based on a registered will, while defendants relied on an unregistered sale deed - The tri Read more.

Telangana - Civil Procedure - Procedural rules should not obstruct substantial justice; courts may allow late document submissions if relevant and justified.

(A) Civil Procedure Code, 1908 - Order 7 Rule 14 - Application for receiving documents after completion of evidence - The trial Court allowed the application to receive money order receipts and acknowledgment receipts, observing that the delay in filing was curable and the documents were relevant t Read more.

Calcutta - Contractual Disputes - The plaintiff successfully proved the delivery of goods and the defendant's liability for unpaid dues, entitling the plaintiff to recover the amount with interest.

(A) Commercial Courts Act, 2015 - Section 12A - Suit for recovery of dues - Plaintiff engaged in wholesale of lead, defendant in production of refined lead - Agreement for supply and payment terms established - Defendant failed to pay balance amount despite part payment and legal notice - Plaintiff Read more.

Railway Claim Tribunal - Railway Claims - Railways are strictly liable for injuries to bona fide passengers in untoward incidents, regardless of passenger negligence, unless it constitutes criminal negligence.

(A) Railway Claims Tribunal Act, 1987 - Section 16 and Section 123 - Claim for compensation due to injuries sustained in an untoward incident - Claimant's husband fell from a running train and later died - Tribunal allowed compensation of Rs.40,000/- for non-scheduled injuries sustained by the vict Read more.

Bombay - Legislative Competence - The restriction on the number of directors in cooperative societies to 21 under Section 73AAA of the MCS Act is constitutional and does not violate Articles 14 or 19(1)(c) of the Constitution.

(A) Maharashtra Co-operative Societies Act, 1960 - Section 73AAA - Constitutional validity of amendments - Petitioners challenged the constitutionality of Section 73AAA, which restricts the number of directors in cooperative societies to 21, arguing it violates Articles 14 and 19(1)(c) - Court foun Read more.

Jharkhand - Judicial Review - The court held that legislative committees cannot issue binding directives beyond their authority, maintaining the supremacy of constitutional rights.

(A) Constitution of India - Article 226 - Writ Petition challenging letter directing restraint on land receipts and registration of sale-deeds - The petitioner sought quashing of a letter directing restraint on land transactions related to specific land, arguing lack of jurisdiction and violation o Read more.

Gujarat - Consumer Protection - Execution of consumer complaint orders can proceed despite pending appeals if no stay is granted, emphasizing compliance with prior orders.

(A) Consumer Protection Act, 1986 - Sections 25 and 27 - Execution of orders - The petitioner challenged the execution of a consumer complaint order, arguing simultaneous reliefs sought were improper and that the execution order was based on an unfinalized complaint. The State Consumer Commission d Read more.

Consumer State - Insurance Claims - The bank is liable for deficiency in service and unfair trade practices for denying an insurance claim based on uncommunicated terms of the debit card.

(A) Consumer Protection Act, 1986 - Sections 2(1)(g), 12, and 13 - Appeal against order of District Consumer Disputes Redressal Forum - Complainant's claim for insurance benefit under debit card policy after husband's accidental death - Bank's refusal based on alleged non-fulfillment of terms - Cou Read more.

Jharkhand - Violation of Mandamus - The court clarified that a reasoned order by respondents fulfills the mandamus requirement, and any challenge to that order should be through a writ petition, not contempt.

(A) Contempt of Courts Act, 1971 - The court addressed the issue of alleged violation of a prior order regarding the disposal of claims by the respondents. (Paras 2-3) (B) Mandamus - The court determined that the respondents had complied with the prior order by issuing a reasoned decision regarding Read more.

Kerala - Civil Contempt - Civil contempt pertains to the High Court as an institution, not individual judges, and should be assigned according to the roster to ensure timely resolution.

(A) Contempt of Courts Act, 1971 - Section 2(b) - Article 215 of the Constitution of India - Civil contempt defined as wilful disobedience to court orders - The court emphasized that civil contempt pertains to the High Court as an institution, not to individual judges or benches. The current practi Read more.

Mahkamah Tinggi Malaya Johor Bahru - Liability and Indemnity - Implied terms in contracts can establish liability for damages even without explicit clauses, as determined by the court's assessment of the parties' intentions.

(A) No specific acts or sections cited in the judgment. (B) The court emphasized the importance of implied terms in contracts, especially regarding responsibility for damages. (C) The plaintiff, a machinery rental company, sued the defendant for repair costs of damaged machinery rented by the defen Read more.

National Company Law Appellate Tribunal - Insolvency - Denial of opportunity to present crucial evidence violates principles of natural justice, necessitating reconsideration of the claim in insolvency proceedings.

(A) Insolvency and Bankruptcy Code, 2016 - Sections 4 and 9 - Company Petition rejected for claiming less than Rs. 1 Crore - Appellant contended that the Deed of Assignment of Business Debt dated 03.10.2021 would substantiate a claim exceeding Rs. 1 Crore - Denial of adjournment to present the Deed Read more.

National Company Law Appellate Tribunal - Companies Act Compliance - The court determined that penalties for non-filing of Board Reports under the Companies Act should be reasonable and consistent with prior rulings, allowing appeals for excessive penalties.

(A) Companies Act, 1956 - Sections 220 and 162 - Companies Act, 2013 - Section 137(3) - Compounding of offences - Appellant failed to attach Board Reports for financial years 2010-11 and 2013-14, constituting offences under Section 220 - NCLT compounded offences at excessive rates, not considering Read more.

National Company Law Tribunal - Insolvency and Bankruptcy - Shareholders must actively oversee management; failure to act on mismanagement results in loss of standing in insolvency proceedings.

(A) Insolvency and Bankruptcy Code, 2016 - Section 60(5) - Application for forensic audit - Shareholder of Corporate Debtor seeks forensic audit from 2006 to liquidation date - Allegations of mismanagement and siphoning of funds by Managing Director - No written agreement for joint venture; verbal Read more.

National Company Law Tribunal - Insolvency and Bankruptcy - The court confirmed the voluntary liquidation of a Corporate Person under the Insolvency and Bankruptcy Code, 2016, affirming compliance with all procedural requirements and the absence of debts.

(A) Insolvency and Bankruptcy Code, 2016 - Section 59 - Voluntary dissolution of Corporate Debtor - Application for voluntary liquidation filed by the Corporate Person, which had ceased operations and had no debts - Board of Directors passed resolution for liquidation, and shareholders approved the Read more.

National Company Law Tribunal - Insolvency and Bankruptcy - The court affirmed the obligation of the SRA to comply with the resolution plan, allowing the reissuance of a demand draft after delays in the Corporate Insolvency Resolution Process.

(A) Insolvency and Bankruptcy Code, 2016 - Section 31 - Demand draft revalidation - The court directed HDFC Bank to reissue a demand draft of Rs. 2.18 Crores to the Resolution Professional after the SRA's failure to comply with the approved resolution plan and the subsequent request for cancellatio Read more.

National Company Law Tribunal - Insolvency and Bankruptcy - The Tribunal approved the voluntary liquidation of a corporate entity under the Insolvency & Bankruptcy Code, confirming compliance with legal requirements and absence of creditors.

(A) Insolvency & Bankruptcy Code, 2016 - Section 59(7) - Voluntary liquidation - Corporate Person, M/s. Aqui Software Lab Private Limited, incorporated on 22nd April 2022, declared financially unviable after two years of operation, leading to a special resolution for voluntary liquidation passed on Read more.

National Company Law Tribunal - Insolvency and Bankruptcy - The Tribunal approved the voluntary liquidation and dissolution of the corporate entity after confirming compliance with the Insolvency & Bankruptcy Code and relevant regulations.

(A) Insolvency & Bankruptcy Code, 2016 - Section 59 - Voluntary liquidation - Company petition filed for dissolution of M/s. Mighty Traders Private Limited after completion of requisite formalities for voluntary liquidation - 100% shareholder consent obtained for liquidation due to financial losses Read more.

Telangana - Liquidation and Insolvency - Tax dues in liquidation are preferential only for the 12 months preceding the winding-up date, ranking below secured creditors and workmen dues.

(A) Companies Act, 1956 - Sections 529A and 530 - Andhra Pradesh General Sales Tax Act, 1957 - Section 16-C - Priority of tax dues in liquidation - The court addressed the precedence of tax dues over other creditors, asserting that tax dues are to be treated as preferential payments only for the 12 Read more.

Allahabad - Bail - The court emphasized the necessity for police to justify arrests and for judicial satisfaction before authorizing detention, following established guidelines.

(A) Indian Penal Code - Sections 419, 420, 467, 468, 471 - Passport Act - Section 12 - Anticipatory bail application - Applicant alleged to have obtained a new passport under a different title instead of renewing the old one - Application for anticipatory bail refused, but guidelines from Arnesh Ku Read more.

Allahabad - Quashing of Proceedings - Compromise can be validly made in cognizable and non-compoundable offences, and verified compromises can lead to quashing of criminal proceedings.

(A) Indian Penal Code, 1860 - Sections 420, 498-A, 323, 406 - Dowry Prohibition Act, 1961 - Sections 3 and 4 - Quashing of criminal proceedings - Compromise between parties verified by the trial court - Court acknowledges that compromise can be made even in cognizable and non-compoundable offences Read more.

Allahabad - Quashing of Proceedings - Compromise can be made in cognizable and non-compoundable offences, allowing for quashing of proceedings when disputes are amicably settled.

(A) Code of Criminal Procedure, 1973 - Section 482 - Indian Penal Code, 1860 - Sections 498A, 323, 504, 506 - Dowry harassment and related charges - Application for quashing charge sheet and cognizance order based on compromise between parties - Court recognizes that compromise can be made even in Read more.

Allahabad - Bail - The absence of specific allegations and prolonged custody justified granting bail to the applicant, emphasizing that observations made were limited to the bail application.

(A) Code of Criminal Procedure, 1973 - Section 439 - Bail application - The applicant, father-in-law of the deceased, sought bail in a case involving allegations of dowry demand and torture, asserting that the death was a suicide. The mother-in-law was previously granted bail, and the applicant has Read more.

Allahabad - Quashing of Proceedings - Compromise between parties can lead to quashing of proceedings in cognizable and non-compoundable offences, provided it is verified by the court.

(A) Indian Penal Code, 1860 - Sections 420, 498-A, 323, 406 - Dowry Prohibition Act, 1961 - Sections 3 and 4 - Quashing of proceedings - Compromise between parties verified by the court - Court acknowledges that compromise can be made even in cognizable and non-compoundable offences as per Apex Cou Read more.

Allahabad - Rape and Sexual Offenses - Compromise in criminal cases involving serious offenses like rape is impermissible, as upheld by Supreme Court precedents.

(A) Code of Criminal Procedure, 1973 - Section 482 - Application to quash proceedings - Accused sought to quash Sessions Trial based on a compromise between parties - Court held that compromise in rape cases is not permissible as per Supreme Court precedents. (Paras 1-2) (B) Legal principles - Comp Read more.

Allahabad - Bail - Anticipatory bail may be granted when there is no credible evidence against the applicants, and the nature of accusations does not warrant arrest.

(A) Indian Penal Code - Sections 147, 148, 149, 307, 504, 506, 323, 336 - Criminal Law Amendment Act - Section 7 - Anticipatory bail application - Applicants sought anticipatory bail in a case involving allegations of rioting and assault, asserting innocence and lack of credible evidence against th Read more.

Allahabad - Quashing of Proceedings - Compromise verified by the court can lead to quashing of criminal proceedings, even in cognizable and non-compoundable offences.

(A) Indian Penal Code, 1860 - Sections 498-A, 323, 504, 506 - Dowry harassment and related offences - Muslim Women (Protection of Rights on Marriage) Act, 2019 - Sections 3/4 - Quashing of charge sheet and cognizance order - Compromise between parties verified by the court below - No useful purpose Read more.

Allahabad - Abetment of Suicide - For liability under Section 306 IPC, there must be clear evidence of instigation or active involvement in the suicide, which was absent in this case.

(A) Indian Penal Code, 1860 - Section 306 - Quashing of proceedings - Application filed under Section 482 Cr.P.C. to quash Criminal Case No.5450 of 2016 for abetment of suicide - Allegations of abetment lacked evidence of active involvement of applicants in the deceased's suicide - Court found no m Read more.

Allahabad - Cheating - To establish an offence under Section 420 IPC, fraudulent intent must be shown; mere verification of a false affidavit without intent does not constitute cheating.

(A) Indian Penal Code, 1860 - Section 420 - Criminal Procedure Code, 1973 - Section 239 - Discharge application - The applicant, as Gram Pradhan, verified an affidavit for a housing scheme, later found false - The Magistrate and Revisional Court dismissed discharge applications - Court found that t Read more.

Allahabad - Procedural Law - Timely justice is essential; subsequent applications under Section 482 Cr.P.C. require new circumstances to be maintainable.

(A) Code of Criminal Procedure, 1973 - Section 482 - Application for expediting trial - Applicant sought direction for the trial court to expedite proceedings in a criminal case involving serious charges - The court emphasized the need for timely justice and directed the trial court to conclude the Read more.

Allahabad - Bail - The court granted bail to the applicant, emphasizing the lack of evidence for instigation and the principle of parity with a co-accused granted bail.

(A) B.N.S. Act, 2023 - Sections 180, 269, 84, and 208 - Bail application - Applicant, a married lady and government servant, denied instigating victims to commit suicide; general allegations in F.I.R. insufficient for denial of bail - Co-accused granted bail on parity basis - Applicant entitled to Read more.

Allahabad - Bail - Anticipatory bail may be granted when the applicant shows no criminal antecedents and the nature of accusations does not warrant detention, emphasizing careful evaluation of evidence.

(A) Indian Penal Code, 1860 - Sections 419, 420, 467, 468, 471, 406, 506, 120B - Anticipatory bail application - Applicant seeks bail in a case involving allegations of cheating and forgery - Previous bail application rejected for not exhausting remedies at the Session Court - Applicant claims inno Read more.

Allahabad - Sexual Offenses - Compromises in rape cases are impermissible, as established by the Supreme Court, emphasizing the need for legal proceedings in serious offenses.

(A) Indian Penal Code - Sections 376, 109, 384, 506 - Information Technology Act - Section 66-C - Application for quashing proceedings based on compromise in a rape case - The court emphasized that compromises in rape cases are not permissible as per the Supreme Court's ruling in Rampal Vs. State o Read more.

Allahabad - Quashing of Proceedings - The court ruled that allegations of cheating and forgery must be addressed in criminal proceedings, and a prima facie case exists against the applicants, preventing quashing of the complaint.

(A) Code of Criminal Procedure, 1973 - Section 482 - Quashing of proceedings - Application for quashing of complaint under Sections 419, 420 IPC - Allegations of cheating and forgery regarding disputed property - Court held that the dispute involves criminal allegations that cannot be resolved in c Read more.

Allahabad - Quashing of Charges - Unexplained delays in lodging an FIR can lead to quashing of charges, emphasizing the necessity for the FIR to establish a basic case against the accused.

(A) Code of Criminal Procedure, 1973 - Section 482 - Quashing of chargesheet - Applicant seeks to quash Chargesheet No. 01 dated 1.2.2024 under Sections 376D and 506 IPC, citing delay in lodging the FIR and lack of nomination as an accused - The court emphasizes the necessity of explaining delays i Read more.

Allahabad - Quashing of Proceedings - Subsequent marriage and family life of the prosecutrix with the accused can affect the viability of criminal prosecution under IPC and POCSO Act.

(A) Code of Criminal Procedure, 1973 - Section 482 - Protection of Children from Sexual Offences Act, 2012 - Sections 7 and 8 - Quashing of charge sheet - Applicant sought to quash the charge sheet and proceedings under IPC and POCSO Act, citing subsequent marriage to the prosecutrix and the birth Read more.

Allahabad - Bail - Anticipatory bail granted due to lack of prima facie evidence and no risk of tampering or flight from justice.

(A) Indian Penal Code, 1860 - Sections 419, 420, 467, 468, 471 - Anticipatory bail application - Applicant seeks anticipatory bail in a case involving allegations of fraud and forgery - Co-accused granted bail, applicant claims parity - No prima facie case established against applicant, no criminal Read more.

Allahabad - Corruption - The court emphasized that mere allegations of bribery without acceptance do not warrant bail, especially when the accused is actively involved in the corrupt transaction.

(A) Prevention of Corruption Act, 2018 - Sections 7, 12, 13(1)(b), 13(2) - Bail application under Section 439 of CrPC - Applicant sought bail during trial for alleged bribery involving Rs.1,65,000/- - The applicant was implicated in a corruption case where he allegedly demanded a bribe for processi Read more.

Allahabad - Quashing of Proceedings - Compromise can be accepted in cognizable and non-compoundable offences, quashing proceedings when disputes are amicably settled.

(A) Code of Criminal Procedure, 1973 - Section 482 - Quashing of charge sheet and proceedings - Application filed for quashing charge sheet and cognizance order based on compromise between parties - Court emphasized that no useful purpose would be served in prolonging proceedings when disputes are Read more.

Allahabad - Bail - The absence of specific allegations and incriminating evidence, along with the applicant's commitment to cooperate, justifies the granting of bail.

(A) Criminal Law Amendment Act - Section 7 - Bail application - Applicant accused of assault and beating, implicated alongside six others without specific role attributed - No incriminating evidence recovered from applicant - Co-accused granted bail - Applicant undertakes to cooperate with trial pr Read more.

Allahabad - Quashing of Proceedings - The court mandates verification of a compromise between parties in criminal proceedings arising from family disputes before quashing the proceedings.

(A) Indian Penal Code, 1860 - Sections 147, 323, 504, 506 - Applications under Section 482 seeking to quash criminal proceedings arising from cross FIRs due to family disputes - Parties have amicably settled their disputes outside the Court, and the court directs verification of the compromise by t Read more.

Allahabad - Quashing of Proceedings - Compromise can be accepted in cognizable and non-compoundable offences, leading to quashing of proceedings when disputes are amicably settled.

(A) Code of Criminal Procedure, 1973 - Section 482 - Indian Penal Code, 1860 - Sections 406, 504, 506 - Dowry Prohibition Act, 1961 - Sections 3 and 4 - Quashing of proceedings - Application filed to quash proceedings based on a compromise between parties - Court emphasized that compromise can be a Read more.

Allahabad - Bail - Bail is the rule and jail is the exception; absence of substantial evidence against the applicant justifies bail despite criminal history.

(A) Code of Criminal Procedure, 1973 - Section 439 - Bail application - The applicant seeks bail in a case involving multiple IPC sections including 419, 420, 467, 468, 471, 120-B, and 506 - The prosecution alleges illegal occupation of inherited land and threats against the informant - The applica Read more.

Allahabad - Bail - The court granted bail based on insufficient evidence linking the applicant to the crime, recognizing potential over-implication and her lack of a criminal history.

(A) Criminal Procedure Code, 1973 - Sections 437 and 439 - Bail application - The applicant seeks bail in a double murder case where she is accused of participating in the crime alongside others. The FIR alleges that the applicant was armed with a Banka, but post mortem reports indicate that the de Read more.

Allahabad - Bail - The court granted bail due to significant delay in FIR filing, lack of supporting medical evidence, and the applicant's undertaking to cooperate with trial proceedings.

(A) Indian Penal Code, 1860 - Sections 376, 506, 229-A - Criminal Procedure Code, 1973 - Sections 161, 164, 82, 174-A - Bail application - Applicant in custody since 28.11.2024 for alleged offences of rape and criminal intimidation - Delay of over four months in lodging FIR without explanation, lea Read more.

Allahabad - Procedure - The court held that a complaint can be dismissed under Section 203 Cr.P.C. if the allegations are improbable and do not establish a prima facie case.

(A) Criminal Procedure Code, 1973 - Sections 203 and 204 - Dismissal of complaint - The complaint was dismissed under Section 203 Cr.P.C. for lack of sufficient grounds, with the court noting that the allegations were improbable and appeared to stem from a matrimonial dispute - The court emphasized Read more.

Allahabad - Quashing of Proceedings - The offences under Sections 420 and 406 IPC are independent and cannot coexist based on the same set of facts, necessitating careful examination by the magistrate.

(A) Code of Criminal Procedure, 1973 - Section 482 - Indian Penal Code, 1860 - Sections 420 and 406 - Quashing of summoning order - Applicant challenged the order summoning him for offences under Sections 420 and 406 IPC, arguing that the dispute is civil in nature and that both offences cannot coe Read more.

Allahabad - Bail Applications - The court denied bail due to the serious nature of dowry death allegations and insufficient evidence supporting the applicant's claims of innocence.

(A) Indian Penal Code, 1860 - Sections 304-B and 498-A - Dowry death and harassment allegations - Bail application rejected due to serious nature of accusations and lack of evidence supporting claims of innocence - The applicant, husband of the deceased, argued that the death was a suicide, not a r Read more.

Allahabad - Quashing of Proceedings - The court ruled that a registered marriage creates a legal presumption of validity, and without a challenge to this presumption, criminal prosecution cannot be sustained.

(A) Code of Criminal Procedure, 1973 - Section 482 - Quashing of proceedings - Applicant seeks to quash proceedings in Sessions Trial No. 487 of 2024 under Sections 363, 506, 323, 342, 376 IPC and 3/4 POCSO Act - The applicant contends that the criminal prosecution is malicious and an abuse of proc Read more.

Allahabad - Bail - Anticipatory bail granted as no prima facie case established, and allegations do not impact society, emphasizing the principle that bail secures attendance without risk of fleeing or obstructing justice.

(A) Excise Act - Sections 60(A), 72 - Indian Penal Code - Sections 420, 467, 468, 471, 34, 109, 272 - Anticipatory bail application - Applicant seeks anticipatory bail on grounds of parity with co-accused granted bail and claims innocence - No prima facie case established against applicant - Allega Read more.

Allahabad - Bail - The court granted bail based on the lack of supporting evidence and the applicant's commitment to cooperate with trial proceedings.

(A) Indian Penal Code, 1860 - Section 304 - Bail application - The applicant, accused of murder, contends false implication and lack of supporting evidence as the eye witness has turned hostile. The court noted the absence of prior criminal history and the undertaking given by the applicant. (Paras Read more.

Allahabad - Matrimonial Disputes - The court emphasized the importance of amicable resolution in matrimonial disputes and quashed proceedings due to lack of substantial evidence supporting the allegations.

(A) Code of Criminal Procedure, 1973 - Section 482 - Indian Penal Code, 1860 - Sections 498A, 323, 504, 506, 406, 494, 120-B, 420 - Dowry Prohibition Act, 1961 - Sections 3/4 - Quashing of proceedings - Application filed to quash criminal proceedings arising from allegations of dowry harassment and Read more.

Allahabad - Bail Applications - The court upheld the dismissal of a bail application due to the serious nature of the charges and the applicant's lack of cooperation, mandating expedited trial proceedings.

(A) Indian Penal Code, 1860 - Sections 302, 506, 174A - Bail application - The applicant, identified as the principal offender, has been in custody since 17.10.2023 for serious charges including murder. The trial court's rejection of bail was upheld due to the gravity of the offence and lack of coo Read more.

Allahabad - Bail - The court granted bail based on the similarity of the applicant's role to co-accused who were granted bail, emphasizing the need for compliance with specific conditions during the trial.

(A) Indian Penal Code, 1860 - Sections 307, 504, 34, 323, 506, 302 - Bail application - Applicant seeks bail in a case involving serious charges, asserting innocence and lack of evidence against him - Co-accused granted bail on similar grounds - Court finds applicant's role similar to co-accused an Read more.

Allahabad - Bail Applications - The court held that significant delay in lodging an FIR does not automatically negate bail eligibility, especially when the applicant demonstrates willingness to cooperate in trial proceedings.

(A) Indian Penal Code - Sections 323, 504, 506, 328, 342, 419, 379 D, 377 - U.P. Prohibition of Unlawful Conversion of Religion Ordinance, 2021 - Bail application - The applicant has been in custody since 18.12.2024, with allegations of serious offenses including physical exploitation and forced co Read more.

Allahabad - Bail - Bail is a rule and imprisonment is an exception; the presumption of innocence must be upheld unless proven guilty.

(A) B.N.S. Act - Sections 85, 80, 115(2) - D.P. Act - Sections 3/4 - Bail application - Applicant seeks bail during trial for alleged dowry-related death - Court emphasizes the principle of 'Presumption of Innocence Unless Proven Guilty' and the right to life under Article 21 of the Constitution - Read more.

Allahabad - Bail - The right to a speedy trial is fundamental, and inordinate delays can justify bail, especially when the applicant is not named in the FIR and has cooperated with the investigation.

(A) Indian Penal Code, 1860 - Sections 147, 327, 427, 386, 436, 504, 506, 120B - Bail application - Applicant not named in FIR, subsequently implicated by unreliable witness statement - Applicant cooperated with investigation, no evidence of tampering or influencing witnesses - Inordinate delay in Read more.

Allahabad - Property Offences - The court ruled that charges under the Prevention of Damage to Public Property Act were improperly invoked, emphasizing that encroachments should be addressed under the U.P. Revenue Code, which provides a complete mechanism for such cases.

(A) Prevention of Damage to Public Property Act, 1984 - Section 3 - U.P. Revenue Code, 2006 - Sections 67, 144, and 145 - Application to quash chargesheets and summoning orders - Allegations of encroachment on public utility land - Court found that the charges under the Act were not made out agains Read more.

Allahabad - Trial Procedure - The court can direct lower courts to expedite trials in cases of undue delay, even if exceptional circumstances are not present.

(A) Code of Criminal Procedure, 1973 - Section 482 - Delay in trial - Applicant sought direction for expeditious trial in Sessions Trial No. 195 of 2020 under Section 376 IPC, Sections 3/4 POCSO Act, and Section 3(2)(v) SC/ST Act - The trial has been delayed for over two years with only one witness Read more.

Allahabad - Money Laundering - The court upheld the validity of recording statements under PMLA in jail, emphasizing fairness while noting that lack of advance notice did not violate natural justice principles.

(A) Prevention of Money Laundering Act, 2002 - Sections 3, 4, 44, and 50 - Application under Section 482 Cr.P.C. - Applicant sought to quash orders allowing the ED to confront him in jail regarding evidence collected during further investigation - Court emphasized the need for fairness and natural Read more.

Allahabad - Bail - Anticipatory bail cannot be granted if the accused has avoided court appearances after cognizance has been taken, emphasizing the need for cooperation in trial proceedings.

(A) Indian Penal Code, 1860 - Sections 419, 420, 467, 468, 471 - Criminal Procedure Code, 1973 - Section 438 - Anticipatory bail application - Applicants sought bail during trial for charges of forgery and cheating - Court noted applicants' non-cooperation with trial proceedings and history of adjo Read more.

Allahabad - Quashing of Proceedings - The court can quash criminal proceedings based on mutual consent and marriage when allegations arise from a consensual relationship, preventing abuse of process.

(A) Indian Penal Code, 1860 - Sections 376, 323, 504, 506 - Quashing of charge sheet and proceedings - Application filed to quash charge sheet and summoning order based on compromise and marriage certificate - Allegations in FIR indicated a prior relationship and assurance of marriage - Court found Read more.

Allahabad - Bail - The court held that circumstantial evidence must be strong and credible to deny bail, emphasizing the applicant's alibi and the questionable timing of the FIR.

(A) B.N.S., 2023 - Sections 103(1), 140(1), 238-A - Bail application - The applicant sought bail during the pendency of trial for alleged murder, with the prosecution relying on circumstantial evidence including last seen and recovery of the deceased's motorcycle - The FIR was lodged five days post Read more.

Allahabad - Bail - The absence of specific dowry demands and medical evidence suggesting suicide justified the granting of bail to the applicant.

(A) Indian Penal Code, 1860 - Sections 498-A and 304-B - Dowry death and related allegations - Bail application filed by husband of deceased, who allegedly committed suicide after marriage - No specific dowry demand established in FIR or investigation - Medical reports indicate deceased was pregnan Read more.

Allahabad - Quashing of Proceedings - Compromise can be accepted in cognizable and non-compoundable offences, allowing quashing of proceedings when parties settle their dispute amicably.

(A) Indian Penal Code, 1860 - Sections 498A, 323, 504, 506 - Dowry harassment and related offences - Application under Section 482 to quash charge sheet and proceedings based on a verified compromise - Court acknowledges that compromise can be accepted even in cognizable and non-compoundable offenc Read more.

Allahabad - Bail - The presumption of innocence and the right to bail are fundamental, with bail being the rule and imprisonment the exception, unless exceptional circumstances warrant denial.

(A) Indian Penal Code - Sections 80(2), 85 B.N.S. and 3/4 D.P. Act - Bail application - Applicant seeks bail during trial for alleged dowry-related death - Allegations of cruelty and poisoning - Delay in FIR and lack of evidence questioned - Court emphasizes presumption of innocence and right to ba Read more.

Allahabad - Quashing of Proceedings - Compromise can be validly made in cognizable and non-compoundable offences, provided it is verified by the trial court.

(A) Code of Criminal Procedure, 1973 - Section 482 - Indian Penal Code, 1860 - Sections 498A, 323, 504, 506 - Dowry Prohibition Act, 1961 - Sections 3 and 4 - Quashing of charge sheet and proceedings based on compromise - The court held that compromise can be made even in cognizable and non-compoun Read more.

Allahabad - Quashing of Proceedings - The High Court can quash criminal proceedings under Section 482 of the Code of Criminal Procedure if the parties have settled their dispute, even if the offences are non-compoundable.

(A) Code of Criminal Procedure, 1973 - Section 482 - Indian Penal Code - Sections 188, 323, 147, 504, 171-E - Quashing of proceedings - Application filed for quashing proceedings based on compromise between parties - Compromise verified by court - Continuation of proceedings deemed futile as partie Read more.

Allahabad - Bail - The court affirmed the right to anticipatory bail when the applicant is not named in the FIR and demonstrates a reasonable apprehension of arrest, subject to conditions ensuring cooperation with the investigation.

(A) Code of Criminal Procedure, 1973 - Section 438 - Anticipatory bail application - Correction application filed to amend a previous order due to transcription errors - The court allowed the correction, emphasizing the applicant's right to seek bail pending investigation and the conditions for suc Read more.

Allahabad - Bail - The court granted bail to a young student, emphasizing the importance of educational commitments and the absence of prior criminal history in its decision.

(A) B.N.S. Act, 2023 - Sections 229-A, 269, 82 Cr.P.C., 84 - Bail application - The applicant, a 12th class student, was granted bail considering his age, upcoming Board examinations, and lack of prior criminal history - The court emphasized the need for cooperation in trial proceedings and set con Read more.

Allahabad - Quashing of Proceedings - The court may quash criminal proceedings if they are unsustainable in law or fact, particularly when a statutory presumption of marriage exists.

(A) Code of Criminal Procedure, 1973 - Section 482 - Criminal proceedings - Application to quash charge sheet and stay proceedings - Applicant, charge sheeted under Sections 376, 323, 504, 506, 406 IPC, contends that marriage with prosecutrix creates a statutory presumption of validity - Opposing c Read more.

Allahabad - Bail - The court granted bail based on the prosecutrix's consent and the applicant's lack of prior criminal history, emphasizing the need for conditions to prevent misuse of bail.

(A) B.N.S. Act, 2023 - Sections 137(2), 87, 64(2), 5(L)/6 POCSO Act - Bail application - Applicant accused of offenses under the B.N.S. Act and POCSO Act - Prosecutrix, aged 17 years and 8 months, stated she willingly eloped and married the applicant - Complainant has no objection to their union - Read more.

Allahabad - Bail - Delay in lodging FIR and lack of substantive evidence can justify bail, regardless of the applicant's criminal history.

(A) B.N.S. Act - Sections 115(2), 127(2), 308(5), 309(4), 351(3) - Bail application - Delay in lodging FIR - The applicant was accused of a crime occurring on 18.07.2024, with the FIR filed on 02.09.2024, which the court found fatal to the prosecution case - No test identification parade was conduc Read more.

Allahabad - Bail - An agent of a company cannot be held criminally responsible for the company's failure to return deposits without evidence of wrongdoing.

(A) Banning of Unregulated Deposit Scheme Act, 2019 - Sections 111, 318, 61(2), 352, 351(3) - Bail application - Applicant, not named in FIR, was implicated as an agent of the company involved in fraud - No evidence against applicant for organized crime under Section 111 BNS - Applicant has been in Read more.

Allahabad - Bail - Bail is a rule and imprisonment is an exception; presumption of innocence must be upheld unless compelling reasons exist to deny bail.

(A) B.N.S. - Sections 191(2), 191(3), 190, 352, 103(1), 109(1), 61(2)(a) - Bail application - Applicant seeks bail during trial for alleged involvement in unlawful assembly and firing resulting in death and injury - Delay in FIR and general role in the incident argued - CCTV footage contradicts all Read more.

Allahabad - Bail Applications - The court denied bail due to the serious nature of the allegations, emphasizing the gravity of sexual violence and the credibility of the victim's statement.

(A) Code of Criminal Procedure, 1973 - Section 439 - Information Technology (Amendment) Act, 2008 - Sections 67 - Bail application - Applicant seeks bail for charges including rape and blackmail - Allegations include drugging and sexual assault on the victim, who is the applicant's relative - The c Read more.

Allahabad - Bail - Bail is the rule and jail is the exception; prior criminal history alone does not justify denial of bail without exceptional circumstances.

(A) B.N.S. Act - Sections 140(1), 310(2) - Bail application - Applicant seeks bail in a case of road rage where he was not named in the FIR and no incriminating evidence was recovered from him - The contradictions in the victim's statements discredit the prosecution case - Criminal antecedents alon Read more.

Allahabad - Bail - The court granted bail based on the victim's support for the applicant, emphasizing the importance of her affidavit and the circumstances surrounding the case.

(A) Code of Criminal Procedure, 1973 - Section 439 - Bail application - Applicant seeks bail in a case involving serious charges including Sections 363, 376(2)(n), 504, 506 IPC and Section 5/6 POCSO Act - Victim, initially a minor, later married the applicant and is now supporting his bail applicat Read more.

Andhra Pradesh - Sexual Offences - The court established that corroborative evidence is essential in sexual assault cases, and the absence of such evidence led to the acquittal of one accused and the modification of the sentence for the other.

(A) Indian Penal Code, 1860 - Sections 366A, 496, and 376(2)(i) - Protection of Children from Sexual Offences Act, 2012 - Section 4 - Conviction of appellants for kidnapping and sexual offences against a minor - A.1 confirmed guilty under Sections 366A and 496 IPC, while charges under Section 376(2 Read more.

Andhra Pradesh - Murder and Sentencing - The court ruled that the death penalty is an exception, emphasizing the need for considering the possibility of reformation and rehabilitation of the accused, leading to a modification of the sentence to 20 years of rigorous imprisonment.

(A) Indian Penal Code, 1860 - Sections 302 and 354D - Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 - Sections 3(2)(va) and 3(2)(v) - Conviction for murder and stalking - Accused convicted and sentenced to death for murder, with additional sentences for st Read more.

Andhra Pradesh - Bail - Insufficient evidence linking a petitioner to alleged crimes can justify the granting of anticipatory bail, especially when the petitioner cooperates with the investigation.

(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 482 - Anticipatory bail - The petitioner sought anticipatory bail in connection with FIR No.364 of 2024 for offences under Sections 309, 109, 61, and 49 of the Bharatiya Nyaya Sanhita, 2023 - Allegations against the petitioner were limited to p Read more.

Bombay - Sexual Offences - The prosecution failed to prove the case beyond reasonable doubt due to inconsistencies in the victim's testimony and unnatural conduct of the victim and her mother.

(A) Indian Penal Code - Sections 376(2)(f), 376(2)(i), and 506 - Protection of Children from Sexual Offences Act, 2012 - Sections 4 and 6 - Conviction of appellant for rape and related offences - The trial court sentenced the appellant to life imprisonment and a fine, which was challenged on ground Read more.

Bombay - Bail - The court emphasized rehabilitation over punishment for young offenders, allowing bail to promote education and prevent recidivism.

(A) Code of Criminal Procedure, 1973 - Section 439 - Indian Penal Code, 1860 - Section 394 - Maharashtra Control of Organised Crime Act, 1999 - Bail application for accused in robbery case - Applicant, aged 18 years and 4 months, was apprehended after incident - Court considered age and educational Read more.

Bombay - Procedural Law - The court emphasizes the necessity of compliance with Sections 41, 41A, and 50 of the Cr.P.C. regarding arrest procedures, highlighting the fundamental rights of individuals under Articles 21 and 22 of the Constitution.

(A) Code of Criminal Procedure, 1973 - Sections 41, 41A, and 50 - Interpretation of provisions regarding arrest and grounds for arrest - Petitioners claim illegal detention due to non-compliance with mandatory provisions - Court finds confusion and lack of clarity in procedures followed by investig Read more.

Bombay - Homicide - The court established that circumstantial evidence must conclusively point to guilt, and in this case, the evidence supported a conviction for culpable homicide not amounting to murder due to lack of premeditation.

(A) Indian Penal Code - Section 302 and Section 304 Part-II - Appeal against conviction for murder - Conviction quashed and substituted with culpable homicide not amounting to murder - Evidence established homicidal death, but circumstances did not conclusively prove murder - Appellant acted in hea Read more.

Bombay - Homicide - The court established that a conviction for murder requires conclusive evidence, and in the absence of such evidence, a charge can be reduced to culpable homicide not amounting to murder.

(A) Indian Penal Code - Sections 302 and 304 Part-II - Appeal against conviction for murder - Appellant convicted for murder and sentenced to life imprisonment, later challenged on grounds of circumstantial evidence and lack of motive - Court found evidence insufficient to establish murder, reclass Read more.

Bombay - Sexual Offences - The prosecution must prove charges beyond reasonable doubt, and evidence from vulnerable witnesses requires corroboration to ensure reliability.

(A) Indian Penal Code - Section 376(2)(j) and (l) - Code of Criminal Procedure - Section 357(3) - Conviction for rape - Accused convicted and sentenced to ten years of rigorous imprisonment and compensation of Rs.2.00 lacs to the survivor - Evidence of the victim, suffering from mental disorder, wa Read more.

Bombay - Preventive Detention - Detention orders require strict compliance with procedural safeguards, and insufficient evidence undermines the justification for categorizing an individual as a dangerous person.

(A) Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug-Offenders, Dangerous Persons and Video Pirates Act, 1981 - Detention order challenged under Article 226 of the Constitution of India - The petitioner was detained based on a single offence, with insufficient evidence Read more.

Bombay - Assault and Battery - The prosecution must prove charges beyond reasonable doubt, and the accused are entitled to the benefit of reasonable doubt; the court found the injured witnesses' evidence credible.

(A) Indian Penal Code, 1860 - Sections 323, 324, 504, 147, 148, 149 - Maharashtra Police Act, 1951 - Appeal against acquittal - Prosecution failed to prove charges against accused, who were acquitted by the Trial Court - The evidence of injured witnesses was not properly appreciated, leading to inc Read more.

Chhattisgarh - Dowry Death - Dying declarations can serve as the sole basis for conviction if deemed credible and made in a fit state of mind, as established in this case.

(A) Indian Penal Code, 1860 - Sections 304-B and 34 - Criminal appeal against conviction for dowry death - Accused-appellants convicted for causing death of the deceased by setting her ablaze due to dowry demand - Dying declaration recorded by Executive Magistrate deemed credible and voluntary - Pr Read more.

Chhattisgarh - Dowry Death - The court affirmed that a dying declaration can serve as the sole basis for conviction if it is credible, voluntary, and made in a fit state of mind.

(A) Indian Penal Code, 1860 - Sections 304-B and 34 - Criminal appeal against conviction for dowry death - Accused-appellants convicted for causing death of the deceased by setting her ablaze due to dowry demand - Dying declaration recorded by Executive Magistrate deemed credible and admissible - P Read more.

Gauhati - Bail - An accused is entitled to default bail if the statutory period of detention exceeds the prescribed limit, regardless of the nature of the charges.

(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Sections 483(1), 187(3)(ii), 341(1) - Application for default bail - Accused detained for 64 days - Statutory period for detention for offences punishable with less than 10 years is 60 days - Section 341(1) is a bailable offence - Default bail cannot b Read more.

Gujarat - Bail Applications - Bail is a rule, not an exception; personal liberty must be prioritized unless serious risks are present.

(A) Code of Criminal Procedure, 1973 - Section 439 - Indian Penal Code, 1860 - Sections 302, 34, 120B, 201, and 115 - Application for regular bail - Applicant claimed innocence and no active role in the crime - Investigation completed, charge-sheet filed, and no recovery needed - Court considered f Read more.

Gujarat - Bail - Bail is a rule and jail is an exception; personal liberty must be prioritized, especially when investigation is complete and no serious threat exists.

(A) Bharatiya Nagrik Suraksha Sanhita, 2023 - Section 483 - Bail application - The applicant sought regular bail in connection with FIR for serious offences, asserting false implication and lack of assault - The court considered factors such as nature of accusation, severity of punishment, and abse Read more.

Gujarat - Bail - Bail is the rule and jail is the exception; courts must consider the presumption of innocence and the completion of investigation when granting bail.

(A) Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 - Section 14-A - Bail application - The appellant sought regular bail in connection with serious offences under IPC and Atrocity Act - The court considered factors such as the nature of accusations, severity of punishment, Read more.

Gujarat - Bail - The court granted bail under Section 483 of the BNSS, emphasizing the need for a balance between the rights of the accused and the gravity of the allegations, with strict conditions imposed to ensure compliance.

(A) Bharatiya Nagarik Suraksha Sanhita - Section 483 - Application for regular bail - The applicant, husband of the deceased, sought bail after being in custody since 21.11.2024, contending no useful purpose in continued detention. The court considered the nature of allegations and gravity of accus Read more.

Gujarat - Bail - Bail is the rule and jail is the exception, emphasizing personal liberty under Article 21, especially when the investigation is complete and no further recovery is needed.

(A) Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 - Section 14-A - Bail application - The appellant sought regular bail in connection with FIR for offences under IPC and Atrocity Act - The court considered factors such as nature of accusation, severity of punishment, and Read more.

Gujarat - Bail - The court granted bail based on the applicant's custody duration, the nature of allegations, and the lack of evidence suggesting flight risk or witness tampering.

(A) Bharatiya Nagarik Suraksha Sanhita (BNSS) - Section 483 - Application for regular bail - The applicant sought bail in connection with FIR C.R. No. 11209055240526, contending good reputation and willingness to abide by conditions - The prosecution opposed bail, citing lack of consent and gravity Read more.

Gujarat - Bail Application - The court granted bail considering the applicant's prolonged custody and the nature of allegations, imposing conditions to ensure compliance and prevent tampering with evidence.

(A) Bharatiya Nagarik Suraksha Sanhita - Section 483 - Application for regular bail - Applicant accused charged with mixing cyanide in the deceased's water-bottle - The court considered factors such as the nature of allegations, gravity of accusations, and the applicant's custody duration - Applica Read more.

Gujarat - Bail - Bail is the rule and jail is the exception; personal liberty must be upheld unless substantial evidence suggests otherwise.

(A) Bharatiya Nyaya Suraksha Sanhita, 2023 - Sections 117(2), 118(1), 351(3), 324(2), 54, 61(2)(A), 119(1), 119(2) - Grant of bail - Application for successive regular bail filed after charge-sheet - Investigation completed, victim discharged - Court considers nature of allegations and principles o Read more.

Gujarat - Bail - The court emphasized that prolonged detention without trial is unjustified, especially when delays are not attributable to the accused.

(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 483 - Application for regular bail - Applicant charged with possession of contraband substance - Investigation completed, charge sheet filed - Delay in trial not attributable to applicant - Bail granted with conditions. (Paras 1, 3, 5, 6) (B) B Read more.

Gujarat - Conviction and Sentencing - The court ruled that a conviction under IPC for less than six months does not disqualify a sitting MLA from contesting elections, emphasizing the need for suspension of conviction in such cases.

(A) Indian Penal Code, 1860 - Sections 147 and 323 - Criminal Procedure Code, 1973 - Section 389 - Conviction and sentence of six months for offences under IPC challenged - Court finds that the applicant has a strong case for suspension of conviction, as the offence is not of serious nature and doe Read more.

Gujarat - Bail Application - Negligence and prior knowledge of fire hazards established culpable state of mind, justifying denial of bail in a case involving multiple fatalities.

(A) Bhartiya Nagrik Suraksha Sanhit, 2023 - Section 483 - Indian Penal Code, 1860 - Sections 304, 308, 337, 338, 36, 465, 466, 471, 474, 201, 120(B) and 114 - Application for regular bail in connection with FIR for culpable homicide and other offences - The applicant, owner of land for TRP Game Zon Read more.

Jharkhand - Bail - Cancellation of bail requires clear justification and cannot be done mechanically without considering supervening circumstances.

(A) Indian Penal Code - Sections 406, 420, 467, 468, 471, 34 - Anticipatory bail - Cancellation of bail granted to the petitioners was challenged - Petitioners had returned partial consideration in a settled matter - The court found that the cancellation of bail was not justified as no satisfaction Read more.

Jharkhand - Bail - The court emphasized the right to a fair trial under Article 21, allowing bail due to prolonged custody and limited witness examination.

(A) National Investigation Agency Act, 2008 - Section 21(4) - Indian Penal Code - Sections 363, 370(5) - Juvenile Justice Act - Sections 75/81 - Appeal against rejection of bail - The appellant contended that there were no ingredients to attract the offences charged, asserting that the victims acco Read more.

Kerala - Bail - Bail is the rule and jail is the exception; personal liberty must be prioritized unless justified otherwise.

(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Sections 318, 3(5) - Bail application filed under Section 482 - Allegations against the petitioner involve fraudulent job promises made by the first accused - The petitioner claims to be merely an employee, while the prosecution asserts he is an employ Read more.

Kerala - Bail - Bail is the rule and jail is the exception; courts must grant bail when warranted by circumstances, ensuring fair trial rights.

(A) Bharatiya Nagarik Suraksha Sanhita - Sections 126(2), 137(2), 115(2), 118(1), 310(2), 351 - Bail application filed by the 4th accused in a kidnapping and robbery case - Serious allegations against the petitioner, but bail granted due to custody duration and conditions imposed - Principle establ Read more.

Kerala - Bail - Bail is the rule and jail is the exception; personal liberty must be prioritized unless justified otherwise.

(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 482 - Bharatiya Nyaya Sanhita, 2023 - Sections 189(2), 191(2), 191(3), 190, 115(2), 118(1), 351(2), 110 - Bail application filed by accused in a case of unlawful assembly and assault - Serious allegations against petitioners, but both sides sus Read more.

Kerala - Bail - Bail is the rule and jail is the exception; courts must grant bail when justified, ensuring fair trial rights.

(A) Bharatiya Nagarik Suraksha Sanhita - Section 483 - Bail application - Accused charged under IPC Sections 341, 324, 326, and 308 - Petitioner in custody since 21.01.2025 - Co-accused granted anticipatory bail - Court emphasized that bail is the rule and jail is the exception, allowing bail with Read more.

Kerala - Quashment of Proceedings - The court emphasized that genuine settlements in personal disputes can lead to quashment of criminal proceedings, aligning with established guidelines.

(A) Indian Penal Code - Sections 341, 323, 294(b) - Criminal Procedure Code - Section 482 - Quashment of criminal proceedings - Guidelines established for quashing non-compoundable offences when settlement is voluntary and fair - Court emphasized the importance of resolving personal disputes amicab Read more.

Kerala - Fraud and Misappropriation - The court emphasized that substantial grounds must be shown to quash charges under Section 482 of the Code of Criminal Procedure, especially in cases involving serious offences like misappropriation of public money.

(A) Code of Criminal Procedure, 1973 - Section 482 - Petitioners sought to quash court charge in C.C.No.40 of 2011, invoking Section 482 instead of Section 397 - Court held that substantial grounds must be shown to quash charges - Serious offences of misappropriation of public money were evident fr Read more.

Kerala - Quashing of Proceedings - High Court can quash non-compoundable offences under Section 498A if there is no reasonable likelihood of conviction due to settlement between parties.

(A) Indian Penal Code - Sections 498A and 406 - Criminal Procedure Code - Section 482 (now Section 528 of BNSS, 2023) - Quashing of proceedings - High Court can quash non-compoundable offences under Section 498A if there is no reasonable likelihood of conviction due to settlement between parties - Read more.

Kerala - Bail - Bail is the rule and jail is the exception; courts must grant bail unless compelling reasons exist to deny it.

(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 483 - Bail Application - The petitioner, accused in a serious crime, sought bail after being in custody since 12.12.2024. The court considered the maximum sentence of less than 7 years and the principle that bail is the rule while jail is the e Read more.

Kerala - Bail - Bail is the rule and jail the exception; personal liberty must be prioritized unless justified by compelling circumstances.

(A) Bharatiya Nagarik Suraksha Sanhita - Section 482 - Juvenile Justice (Care and Protection of Children) Act - Section 75 - Protection of Children from Sexual Offences Act - Allegations of penetrative sexual assault against a minor by the grandmother - Bail application considered under stringent c Read more.

Kerala - Procedure - The court upheld the trial court's refusal to recall a witness, emphasizing that the defense had sufficient opportunity to present its case and that compelling a witness to prepare evidence for the defense is impermissible.

(A) Code of Criminal Procedure, 1973 - Section 311 - Application to recall witness - The petitioner challenged the refusal to recall a Village Officer to provide additional evidence regarding the scene of occurrence in a case of alleged carnal intercourse with a minor. The court found that the aspe Read more.

Kerala - Quashment of FIR - The court may quash criminal proceedings when parties reach a genuine settlement, preventing abuse of process and conserving judicial resources.

(A) Criminal Procedure Code, 1973 - Section 482 - Bharatiya Nyaya Sanhita, 2023 - Quashment of criminal proceedings - Guidelines established for quashing non-compoundable offences when settlement is voluntary and fair - Court finds that the defacto complainant has settled the dispute and is not int Read more.

Kerala - Bail - Bail is the rule and jail is the exception; courts must grant bail when conditions are satisfied, ensuring fair trial rights under Article 21.

(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 483 - Narcotic Drugs and Psychotropic Substance Act, 1985 - Section 20(b)(ii)B - Bail application filed by the accused in possession of 8.247 Kgms of Ganja - No criminal antecedents alleged - Bail granted on stringent conditions. (Paras 2, 3, 7 Read more.

Kerala - Bail Application - Bail is the rule and jail is the exception; custodial interrogation is not necessary if the accused cooperates with the investigation.

(A) Bharatiya Nagarik Suraksha Sanhita - Section 482 - Indian Penal Code - Sections 468, 471, 420 r/w Section 34 - Bail application filed by the 2nd accused in a case alleging forgery and cheating related to a car sale - Allegations include fabrication of documents and cheating the original owner. Read more.

Kerala - Quashing of FIR - The court held that a Special Court cannot order further investigation without necessary prosecution sanction, constituting an abuse of process.

(A) Article 227 of the Constitution of India - Quashing of FIR - The petitioner sought to quash the FIR and further investigation orders, citing lack of sanction and insufficient evidence. The Special Court's order for further investigation was deemed erroneous due to lack of prosecution sanction a Read more.

Kerala - Bail - Bail is the rule and jail is the exception; personal liberty must be prioritized unless justified otherwise.

(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Sections 74, 296(b), 351(1), 115(2) - Bail application filed under Section 482 - Allegations of assault and intimidation against the accused - The court considered the nature of the allegations and the principle that bail is the rule while jail is the Read more.

Kerala - Bail - Bail is the rule and custodial interrogation is not necessary unless justified; offences under the Kerala Act are bailable.

(A) Bharatiya Nyaya Sanhita, 2023 - Sections 303(2); Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 - Sections 20 and 23 - Accused charged with transporting river sand without a license - The court held that the offences under the Kerala Act are bailable and custodial Read more.

Kerala - Corruption and Fraud - The court emphasized that a charge must be supported by sufficient evidence; without a prima facie case, the accused should be discharged.

(A) Prevention of Corruption Act, 1988 - Section 13(1)(d) and Section 13(2) - Indian Penal Code, 1860 - Sections 420, 465, 471 and 120B - Charge framed against accused for conspiracy and creation of false documents to secure loan facilities - Court found insufficient evidence to substantiate charge Read more.

Kerala - Quashment of Proceedings - The court may quash criminal proceedings under Section 482 when parties reach a genuine settlement, even in serious offences, to prevent abuse of process.

(A) Criminal Procedure Code, 1973 - Section 482 - Juvenile Justice (Care and Protection of Children) Act, 2015 - Quashment of criminal proceedings - Guidelines established for quashing non-compoundable offences when a voluntary and fair settlement is reached between parties - Court finds that the s Read more.

Kerala - Bail - Bail is the rule and jail is the exception; courts must grant bail when conditions are met, ensuring fair trial rights.

(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 483 - Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 20(b)(ii)(B), 22(b), and 29 - Bail application filed by the 5th accused in a drug-related case - Serious allegations exist, but the quantity of contraband is intermediate, al Read more.

Kerala - Procedure - The court affirmed that relevant witnesses can be recalled for examination even if initially given up, emphasizing the necessity for a just trial.

(A) Code of Criminal Procedure, 1973 - Section 311 - Recall of witnesses - The petitioner challenged the order permitting recall of witnesses CW7, CW8, and CW9, arguing lack of purpose and legal grounds for their examination. The court found the witnesses relevant as close relatives of the deceased Read more.

Kerala - Sexual Offences - The court ruled that while direct questioning of child witnesses by defense counsel is prohibited under Section 33(2) of the P.O.C.S.O Act, the screen obstructing the view of the witness from the defense counsel must be removed to ensure fair trial rights.

(A) Protection of Children from Sexual Offences Act - Section 33(2) - The court examined the procedure for cross-examination of child witnesses, ruling that while the accused's counsel cannot directly question the child, the screen between them must be removed to ensure fair trial rights. (Paras 10 Read more.

Kerala - Quashing of Proceedings - The court may quash non-compoundable offences under Section 498A IPC if the parties have settled their disputes, preventing abuse of process.

(A) Indian Penal Code - Sections 498A, 406, and 326 - High Court's inherent power under Section 482 Cr.P.C. (now Section 528 of BNSS, 2023) to quash non-compoundable offences in light of settlement between parties - Ends of justice take precedence over mere law. (Paras 1, 2, 6) (B) Quashing of proc Read more.

Kerala - Bail - Bail is the rule and jail is the exception; arrest must be justified based on necessity, especially when the maximum punishment is below seven years.

(A) Bharatiya Nagarik Suraksha Sanhita - Section 482 - Indian Penal Code - Sections 406 and 420 - Bail application filed by accused in a cheating case involving job promise and non-return of money - Serious allegations but no criminal antecedent against the petitioner - Maximum punishment below sev Read more.

Kerala - Bail - Bail is the rule and jail is the exception; courts must grant bail when conditions are satisfied, ensuring fair trial rights.

(A) Bharatiya Nagarik Suraksha Sanhita - Section 483 - Bail application - Accused charged with rape and drugging - Previous bail granted in similar case - Serious allegations considered, but indefinite incarceration deemed unnecessary - Bail granted with conditions to protect victim's interests. (P Read more.

Kerala - Quashing of Proceedings - High Court can quash non-compoundable offences under Section 498A if there is a genuine settlement and no likelihood of conviction, prioritizing justice over mere legal formalities.

(A) Indian Penal Code - Sections 498A and 406 - Quashing of proceedings - High Court can quash non-compoundable offences under Section 498A if there is no reasonable likelihood of conviction due to settlement between parties - Ends of justice take precedence over mere law - Genuine settlement leads Read more.

Kerala - Bail Application - Bail is the rule and jail is the exception; custodial interrogation is not necessary if the maximum punishment is below seven years.

(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 482 - Essential Commodities Act, 1955 - Sections 3, 7(1)(a)(i) - LPG (Regulation of Supply & Distribution) Order, 2000 - Bail application filed by the petitioner accused of illegal storage of gas cylinders - Serious allegations but maximum puni Read more.

Kerala - Quashment of Proceedings - The court can quash criminal proceedings under Section 482 when parties reach a genuine settlement, even in non-compoundable offences, to prevent abuse of process.

(A) Indian Penal Code - Sections 341, 323, 324, 452, 354 read with Section 34 - Juvenile Justice (Care and Protection of Children) Act, 2015 - Quashment of criminal proceedings - Guidelines established for quashing non-compoundable offences under Section 482 of the Code - Settlement between parties Read more.

Kerala - Bail - Bail is the rule and jail is the exception; courts must grant bail when conditions are met, ensuring fair trial rights.

(A) Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 20(b)(ii)B - Bail application filed under Section 483 - Accused charged with possession of intermediate quantity of ganja - Court grants bail with stringent conditions, emphasizing that bail is the rule and jail is the exception. (P Read more.

Kerala - Bail - Bail is the rule and jail is the exception; courts must grant bail unless compelling reasons exist to deny it.

(A) Bharatiya Nyaya Sanhita, 2023 - Sections 126(2), 296, 115(2), 118(1), 324(6), 103(1), 3(5) - Bail application filed under Section 483 - Accused charged with serious offences including premeditated murder - Court emphasizes that bail is the rule and jail is the exception, allowing bail with stri Read more.

Kerala - Corruption - Members of a Co-operative Society receiving government aid are considered public servants under the Prevention of Corruption Act, necessitating sanction for prosecution.

(A) Indian Penal Code, 1860 - Sections 120B, 409, 465, 471 - Prevention of Corruption Act, 1988 - Section 13(2) and Section 19(1) - Allegations of misappropriation of funds by public servants of a Co-operative Bank - The court examined whether the accused are public servants and if sanction is requ Read more.

Kerala - Quashing of Proceedings - The High Court can quash non-compoundable offences under Section 498A when parties settle, and no reasonable likelihood of conviction exists.

(A) Indian Penal Code - Sections 294(b), 323, 324, 506(ii), and 498A - High Court's inherent power under Section 482 Cr.P.C. (now Section 528 of B.N.S.S, 2023) allows quashing of non-compoundable offences when there is no reasonable likelihood of conviction due to settlement between parties. (Paras Read more.

Kerala - Quashment of Proceedings - The court emphasized the importance of preventing the misuse of protective laws for personal vendettas, quashing proceedings based on a delayed and ill-motivated private complaint.

(A) Indian Penal Code - Sections 447, 427, 294(b), 34 - Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act - Section 3(1)(x) - Petitioners sought quashment of proceedings in S.C.No.914/2020 based on a private complaint alleging offences under IPC and SC/ST Act. The court found the p Read more.

Kerala - Bail - Bail is the rule and jail is the exception; courts must grant bail when conditions are satisfied, ensuring fair trial rights.

(A) Bharatiya Nagarik Suraksha Sanhita - Section 483 - Protection of Children From Sexual Offences Act, 2012 - Bail application filed by the accused in a serious crime involving allegations of sexual offences against a minor - The court emphasized that bail is the rule and jail is the exception, al Read more.

Kerala - Bail Application - Bail is the rule and jail is the exception; courts must grant bail unless there are compelling reasons to deny it.

(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 483 - Bharatiya Nyaya Sanhita, 2023 - Sections 74, 75(1)(ii), 78(1) - POCSO Act - Sections 8 r/w 7, 12 r/w 11(iv) - Bail application filed by accused in a serious case involving sexual offences against a minor - Petitioner in custody since 02.0 Read more.

Kerala - Bail - Bail is the rule and jail is the exception; arrest must be justified and not routine, emphasizing personal liberty and necessity for investigation.

(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Sections 85 and 86 - Bail application - Accused charged with cruelty leading to suicide of wife - Court considers necessity of custodial interrogation and principles governing bail - The court emphasizes that bail is the rule and jail is the exception, Read more.

Kerala - Quashing of Proceedings - The absence of cognizance under Section 188 IPC does not negate criminal liability under Sections 143 and 147 IPC for unlawful assembly when sufficient evidence is presented.

(A) Code of Criminal Procedure, 1973 - Section 482 - Quashing of proceedings - Petitions filed to quash proceedings against petitioners for unlawful assembly and violation of court orders - The court found sufficient evidence against the petitioners, including photographs of unlawful acts, and dism Read more.

Madras - Bail - The court granted bail to the petitioners under the NDPS Act, emphasizing the absence of direct recovery and reliance on co-accused confessions, fulfilling the twin conditions for bail.

(A) Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 8(C), 20(b)(ii)(C), 25, 29(1), and 35 - Bail application for accused in possession and transportation of ganja - Petitioners contend lack of recovery from them, relying on confessions of co-accused - Court finds arguable case for b Read more.

Madras - Offences Against Public Servants - The prosecution must prove beyond a reasonable doubt the elements of the charged offences, including the use of criminal force and obscenity.

(A) Indian Penal Code, 1860 - Sections 294(b), 353, 506(1), and 171(E) - Revision against conviction and sentence for obstructing public servant and using obscene language - Prosecution failed to establish charges under Sections 506(1) and 171(E) - Conviction under Sections 294(b) and 353 set aside Read more.

Madras - Murder - Conviction can be based on the testimony of interested witnesses if corroborated by credible evidence, establishing guilt beyond reasonable doubt.

(A) Indian Penal Code, 1860 - Sections 302 and 506(ii) - Conviction for murder and criminal intimidation - The accused was convicted for murdering his father with a billhook and threatening family members - The trial court found the evidence of eyewitnesses credible and corroborated - The motive wa Read more.

Madras - Bail and Pre-Trial Procedures - The right to default bail under Section 167(2) is a constitutional guarantee that cannot be infringed by procedural lapses in extending investigation periods.

(A) Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 36(A)(4) - Criminal Procedure Code, 1973 - Section 167(2) - Statutory bail - The petitioner sought to set aside the order dismissing the bail petition and allowing extension for investigation - The petitioner was arrested on 06.01.2 Read more.

Madras - Procedural Law - Suppression of material facts in legal proceedings renders orders obtained non est in law, emphasizing the need for transparency in judicial processes.

(A) Criminal Procedure Code, 1973 - Section 156(3) - Order by Metropolitan Magistrate directing investigation into a complaint - Petitioner, a film producer, alleges fraudulent agreements and seeks to quash the order allowing investigation into the complaint filed by the first respondent - The cour Read more.

Madras - Negotiable Instruments - The presumption of consideration in cheque transactions under Sections 118 and 139 of the Negotiable Instruments Act, 1881, places the burden on the accused to disprove the validity of the cheque.

(A) Negotiable Instruments Act, 1881 - Sections 138, 118, 139, and 20 - Conviction for cheque dishonor - Petitioner borrowed Rs.11,00,000/- from respondent, issued a cheque which was dishonored - Trial Court convicted petitioner, sentencing him to six months imprisonment and compensation - Appeal d Read more.

Madras - Bail - The court emphasized that granting extensions for investigations must adhere to procedural safeguards to protect the accused's right to statutory bail under Article 21.

(A) Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 8(c), 18(b), 22(c), 25, 29(1) and 36-A(4) - Criminal Procedure Code, 1973 - Section 167(2) - Statutory bail - Petitioners arrested for possession of commercial quantity of drugs and denied statutory bail due to extension of investi Read more.

Madras - Corruption - The prosecution must prove corruption charges beyond reasonable doubt, and inconsistencies in evidence may lead to acquittal.

(A) Prevention of Corruption Act, 1988 - Sections 7 and 13(2) r/w 13(1)(d) - Criminal appeal against conviction for demanding bribe for issuing completion certificate - Accused demanded Rs.25,000/- reduced to Rs.12,000/- for the certificate - The trial court convicted A1 based on evidence from the Read more.

Madras - Negotiable Instruments - The presumption under Section 139 of the Negotiable Instruments Act requires the accused to rebut the existence of a legally enforceable liability for the cheque issued.

(A) Negotiable Instruments Act, 1881 - Sections 138 and 139 - Cheque dishonor - The Revision challenges the judgment confirming conviction for issuing a cheque without legally enforceable liability. The court found no evidence of a loan, only the accused's admission of signing a blank cheque. (Para Read more.

Madras - Bail and Detention - The accused's right to statutory bail under Section 167(2) of the Cr.P.C. is violated if the extension for investigation is not properly notified, infringing upon their rights under Article 21 of the Constitution.

(A) Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 36-A(4) - Criminal Procedure Code, 1973 - Section 167(2) - Statutory bail - Petitioner filed for statutory bail after being arrested for NDPS offences; claim denied due to improper extension of investigation period - Court emphasize Read more.

Madras - Public Nuisance - Public nuisance established from keeping dogs in residential area, justifying action under Section 133 Cr.P.C., despite procedural irregularities.

(A) Code of Criminal Procedure, 1973 - Section 133 - Public nuisance - Order directing vacation of Dog Breeding Centre upheld, though procedural irregularities noted - Public nuisance established due to noise and health hazards from dogs in residential area - Prior orders against the petitioners' b Read more.

Madras - Cyber Crime - The court ruled that sufficient prima facie evidence existed to proceed with charges under the IPC and IT Act, emphasizing that defenses should be determined at trial.

(A) Information Technology Act, 2008 - Sections 43, 65, and 66 - Indian Penal Code, 1860 - Sections 409 and 420 - Criminal Original Petition to quash proceedings for alleged cheating and criminal breach of trust related to drone software disabling - Petitioners' claim of no prima facie case against Read more.

Madras - Bail and Matrimonial Disputes - The court emphasized reconciliation in matrimonial disputes, allowing bail and quashing the FIR to promote harmony between the parties.

(A) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Sections 3(1)(s), 3(1)(z) - Indian Penal Code, 1860 - Sections 498(A), 406 - Bail application - Appellant arrested for matrimonial disputes involving allegations of harassment and retention of property - Victim's backg Read more.

Madras - Bail and Pre-Trial Procedures - An accused has an indefeasible right to statutory bail if the investigation is not completed within the prescribed time, and procedural safeguards must be followed for extensions.

(A) Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 36-A(4) - Criminal Procedure Code, 1973 - Section 167(2) - Statutory bail - Accused arrested for possession of psychotropic substance - Extension of investigation period granted without adhering to procedural safeguards, violating t Read more.

Madras - Property Seizure - Ownership of seized property is presumed in the absence of rebuttal evidence, and property should not be retained longer than necessary by authorities.

(A) Criminal Procedure Code - Sections related to seizure and custody of property - The revision petitioner sought the return of Rs.50,00,000/- seized during a police investigation, asserting ownership and compliance with legal requirements for interim custody. The trial court dismissed the petitio Read more.

Madras - Sexual Offences - The conviction under the POCSO Act was overturned due to insufficient corroborative evidence and inconsistencies in the victim's testimony, leading to the appellant's acquittal.

(A) Protection of Children from Sexual Offences Act, 2012 - Section 6 - Criminal Appeal against conviction and sentence under POCSO Act - Appellant convicted for 20 years imprisonment and fine for penetrative sexual assault on minor - Conviction based on victim's testimony and DNA evidence - Convic Read more.

Madras - Sexual Offences - In matrimonial disputes, criminal proceedings may be quashed if the parties amicably resolve their issues, particularly when the allegations lack sufficient evidence of wrongdoing.

(A) Protection of Child from Sexual Offences Act, 2012 - Sections 3(d), 4, 5(n), 6, 16, 17 - Information Technology Act, 2000 - Section 67A - Quash petition filed in a case involving allegations of sexual assault on a minor - The petitioner was accused of taking nude photographs of her daughter wit Read more.

Madras - Custodial Death - Judicial Magistrate's report on custodial death must be submitted to the Investigating Officer, not the Government, as per Criminal Rules of Practice.

(A) Criminal Procedure Code, 1973 - Section 176(1-A) - Inquiry into custodial death - Police officers challenged the report of the Judicial Magistrate which concluded that the accused died due to police excess - The report was submitted to the Investigating Officer, not the Government, as per Crimi Read more.

Madras - Murder - Eyewitness testimony from family members can be credible if corroborated by circumstances, and flaws in investigation do not negate established guilt if evidence is compelling.

(A) Indian Penal Code, 1860 - Sections 148, 341, and 302 - Double murder - Accused found guilty based on eyewitness testimony despite challenges regarding the credibility of witnesses and investigation flaws - The court emphasized that the presence of eyewitnesses and the motive related to encroach Read more.

Madras - Corruption - The court quashed the FIR against the Petitioner due to lack of evidence and recommended departmental action instead, emphasizing that criminal proceedings can be dismissed if no prima facie case is established.

(A) Prevention of Corruption Act, 1988 - Sections 7(a) - Indian Penal Code, 1860 - Sections 120B, 420, 468, 471 - Criminal Original Petition filed to quash FIR against the Petitioner for alleged corruption in the inspection of Vels Medical College - Court found no prima facie case against the Petit Read more.

Rajasthan - Rape - The prosecution must prove each element of a rape charge beyond reasonable doubt, and failure to conduct a Test Identification Parade undermines the reliability of witness identification.

(A) Indian Penal Code, 1860 - Section 376 - Conviction for rape - The appellants were convicted based on the prosecutrix's testimony, which was found to lack credibility due to contradictions regarding her knowledge of the accused prior to the incident - The prosecution failed to conduct a Test Ide Read more.

Rajasthan - Sentencing - The court may modify a sentence based on the personal circumstances of the accused and the duration of the trial, ensuring justice is served.

(A) Indian Penal Code - Sections 279, 304A, 337, 338 - Motor Vehicles Act - Section 134/187 - Criminal revision petition challenging conviction and sentence - Conviction upheld for offences of rash driving and causing death - Sentence modified to the period already undergone due to long pendency an Read more.

Supreme Court - Quashing of FIR - A legally wedded husband cannot be charged with rape under IPC if the sexual intercourse is consensual, as per Exception 2 of Section 375 IPC.

(A) Criminal Procedure Code, 1973 - Section 482 - Indian Penal Code, 1860 - Sections 366, 376, and 506 - Quashing of FIR - The High Court dismissed the appellant's petition seeking quashing of FIR alleging abduction and rape, stating the matter required evaluation of evidence - The appellant conten Read more.

Supreme Court - Prevention of Atrocities - (1) Insult within public view – If alleged offence takes place within four corners of wall where members of public are not present, then it cannot be said that it has taken place at a place within public view.
(2) Exercise of Inherent Jurisdiction – Power under Section 482 of Cr.P.C. is required to be exercised sparingly and with circumspection and that too in rarest of rare cases.

(A) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 – Sections 3(1)(r) and 3(1)(s) – Criminal Procedure Code, 1973 – Section 482 [Bharatiya Nagarik Suraksha Sanhita, 2023 – Section 528] – Commission of atrocities – Insult within public view – For constituting an offence t Read more.

Supreme Court - Dowry Death and Cruelty - Dowry death and cruelty – For attracting Section 113-B of Evidence Act, prosecution must establish that deceased was subjected by appellant to cruelty or harassment for or in connection with any demand of dowry soon before her death – Unless these facts are proved, presumptions under Section 113-B of Evidence Act cannot be invoked.

Indian Penal Code, 1860 – Sections 304-B and 498-A – Indian Evidence Act, 1872 – Section 113-B – Dowry death and cruelty – Conviction and sentence – For attracting Section 113-B, prosecution must establish that deceased was subjected by appellant to cruelty or harassment for or in connection with a Read more.

Supreme Court - Bail and Sentencing - Exemption from surrendering in special leave petitions is only applicable when the petitioner has been sentenced to imprisonment, as per Order XXII Rule 5 of the Supreme Court Rules, 2013.

(A) Indian Penal Code, 1860 - Section 302 - Arms Act, 1959 - Section 25(1)(B)(A) - Special Leave Petition against High Court order refusing extension of temporary bail in pending criminal appeal - Court clarifies that exemption from surrendering is only applicable when sentenced to imprisonment - A Read more.

Supreme Court - Appeal against Acquittal - (1) Abetment of suicide and cruelty – Mere harassment or cruelty is not sufficient to infer abetment – There has to be some credible evidence that accused persons aided or instigated deceased in some manner to take drastic step of putting end to her life.
(2) First Information Report is not by itself a substantial piece of evidence and statement made therein cannot be considered as evidence unless it falls within purview of Section 32 of Evidence Act.
(3) A person cannot be compelled to be a witness against himself.

(A) Indian Penal Code, 1860 – Sections 306 and 498A read with Section 34 – Indian Evidence Act, 1872 – Section 113-A – Abetment of suicide and cruelty – Common intention – Appeal against acquittal – Mere harassment or cruelty is not sufficient to infer abetment – There has to be some credible evide Read more.

Telangana - Corruption - The prosecution must prove the existence of a pending application for work to establish a bribery charge; failure to do so results in acquittal.

(A) Prevention of Corruption Act, 1988 - Sections 7 and 13(1)(d) r/w Section 13(2) - Conviction of Mandal Revenue Inspector for demanding bribe - Evidence insufficient to establish demand or pending work - Prosecution failed to prove application for revenue records - Conviction set aside. (Paras 1, Read more.

Telangana - Quashing of FIR - The court emphasized the need for proper licensing under the Chit Funds Act for running a chit fund business and ruled that the investigation must ascertain the legitimacy of the transactions involved.

(A) Bharatiya Nagarik Suraksha Sanhita - Section 528 - Indian Penal Code - Sections 420 and 406 - Chit Funds Act, 1982 - Quashing of FIR - Allegations of running an unlicensed chit fund business and cheating members - Disputed facts regarding the nature of transactions and the role of the petitione Read more.

Telangana - Quashing of Proceedings - Cognizance for offences under IPC Sections 186 and 187 requires a written complaint from the concerned public servant, failing which proceedings are liable to be quashed.

(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 528 - Indian Penal Code - Sections 143, 153-A, 186, 187, 120-B, 109, 149 - Quashing of proceedings - Petitioners sought to quash proceedings in C.C.No.1123 of 2021 based on the argument that cognizance for offences under Sections 186 and 187 ca Read more.

Madras - Baggage Regulations - Worn jewelry is not considered baggage under the Customs Act, and regulations exceeding statutory limits are ultra vires.

(A) Customs Act, 1962 - Sections 79, 101, and 102 - Baggage Rules, 2016 - Detention of gold bangles - Petitioner sought release of 10 gold bangles seized at Chennai Airport, alleging improper detention under baggage rules - Court held that worn jewelry does not constitute baggage under the Customs Read more.

Bombay - Employment Rights - Review jurisdiction is limited to glaring omissions or patent mistakes; unaided minority institutions must comply with statutory conditions regarding pay scales.

(A) Civil Procedure Code, 1908 - Order XLVII Rule 1 - Review jurisdiction - Review is a serious step and should only be taken in cases of glaring omissions or patent mistakes resulting in miscarriage of justice - An error must be evident from the record and not require detailed examination. (Paras Read more.

Kerala - Administrative Authority - The Deputy Director of Education lacked authority to disqualify the Manager due to amendments in the Kerala Education Rules, necessitating referral to the Director of General Education.

(A) Kerala Education Rules, 1959 - Rule 2(4) - Authority of Deputy Director of Education - The Deputy Director disqualified the Manager, but lacked power due to amendments in 2019 defining the Director's role. The order was deemed invalid, necessitating referral to the Director of General Education Read more.

Madras - Incentives and Qualifications - Incentive increments for teachers cannot be denied based on the mode of degree acquisition, as prior permission for higher education is a regulatory requirement, not a disqualifying factor.

(A) Government Orders - G.O.Ms.No.91, Higher Education Department, dated 03.04.2009 - Writ of Certiorarified Mandamus - Challenge to audit objection regarding incentive for M.Phil degree obtained through part-time mode - Court held that the incentive cannot be withdrawn based on the mode of degree Read more.

Madras - Incentives and Qualifications - The court affirmed that teachers are entitled to incentive increments for higher qualifications, regardless of prior permission for study mode.

(A) University Grants Commission Act, 1956 - Section 3 - Writ of Certiorarified Mandamus - Incentive for M.Phil Degree - The petitioner, a B.T. Assistant, challenged the audit objection regarding the recovery of incentive granted for M.Phil obtained through part-time mode. The court found that the Read more.

Madras - Educational Loans - Educational loans must primarily benefit the student, and cannot be denied based on the co-applicant's credit score, as it contradicts the scheme's purpose.

(A) Education Loan Scheme - Policy decision of Government of India - Rejection of educational loan application based on co-applicant's credit score deemed improper - Educational loans should primarily benefit the student irrespective of parental financial status - Relevant case law supports entitle Read more.

Telangana - School Operations - A school must obtain necessary permissions and safety clearances before admitting students, as non-compliance endangers student safety.

(A) Right to Education Act, 2009 - Section 7 - Telangana Fire Services Act, 1999 - Section 13 - Writ Petition seeking permission to operate a school - Petitioner contended that non-response to application constituted deemed approval - Court found no valid application submitted and highlighted the n Read more.

Allahabad - Public Service Promotions - Promotion in public service must adhere to seniority principles, and arbitrary actions undermining this principle are impermissible.

(A) Uttar Pradesh Subordinate Revenue (Tehsildar) Service Rules, 1966 - Rule 6 - Relaxation in Qualifying Service for Promotion Rules, 2006 - Promotion of Naib Tehsildars to Tehsildar - Petitioners applied for promotion based on seniority but were denied due to staggered issuance of appointment let Read more.

Allahabad - Public Employment - The eligibility of ex-casual labourers for regularization cannot be denied based on previously settled objections, and compensation should be awarded instead of reinstatement.

(A) Central Administrative Tribunal Act, 1985 - Jurisdiction of the Tribunal - The writ petitioners challenged the rejection of their representation for regularization as ex-casual labourers based on the Screening Test Result dated 18.04.2013 - The Tribunal dismissed the original application, affir Read more.

Bombay - Disability Rights - The court affirmed the rights of a physically disabled employee to be recognized and promoted in accordance with previous judgments and recommendations, emphasizing adherence to established legal principles.

(A) Constitution of India - Article 226 - Writ of Certiorari - Appointment and promotion of a physically disabled employee - Petitioner sought to quash the impugned order denying his appointment as a permanent aided employee and promotion to Senior Clerk - Court emphasized that the previous judgmen Read more.

Central Administrative Tribunal - Termination of Employment - Termination of employment without due process violates principles of natural justice, and an employee is deemed confirmed after satisfactory completion of probation.

(A) Administrative Tribunals Act, 1985 - Section 19 - Termination of service - The applicant sought reinstatement after termination without notice, claiming confirmation of service post-probation - The Tribunal found termination violated principles of natural justice and lacked due process. (Paras Read more.

Central Administrative Tribunal - Termination of Service - The principle of natural justice does not apply when an appointment is illegal; removal based on invalid qualifications is justified.

(A) Constitution of India - Articles 19, 21, 25, 30 - Employment Law - Removal from service - The applicant was removed from service on grounds of invalid educational certificate from a non-recognized institution; the court upheld the removal, citing lack of notice as non-prejudicial due to the ill Read more.

Central Administrative Tribunal - Industrial Disputes - Reinstatement with continuity of service entitles an employee to benefits under ACP/MACP schemes, and denial of such benefits is unjustified.

(A) Industrial Disputes Act, 1947 - Sections 29 and 33C - Administrative Tribunals Act, 1985 - Reinstatement with continuity of service - Applicant, a Conductor, was wrongfully terminated and reinstated with 50% back wages - Respondent failed to grant benefits of ACP/MACP schemes upon reinstatement Read more.

Central Administrative Tribunal - Compassionate Appointment - Compassionate appointments can be granted even to dependents of non-regular employees in cases of financial distress, as per S.O. 429 dated 06-09-2022.

(A) SRO 43 of 1994 - Compassionate appointment - S.O. 429 dated 06-09-2022 - The petitioners sought regularization of the deceased's service and compassionate appointment for the son after the death of the sole breadwinner, who served for over 23 years without regularization. The respondents denied Read more.

Central Administrative Tribunal - Labour Rights - The principle of res judicata prevents re-litigation of claims already settled by higher courts, affirming the finality of previous judgments regarding temporary status.

(A) Industrial Disputes Act, 1947 - Section 20 - Temporary status of casual labourers - Applicant sought conferment of temporary status after completing 240 days of service - Previous orders by Tribunal and High Court regarding temporary status and regularization were upheld by the Supreme Court - Read more.

Central Administrative Tribunal - Termination of Service - The court upheld the termination of the applicant, affirming that he was provided due process and that the decision was supported by sufficient evidence of misconduct.

(A) Service Law - Termination of service - The applicant, a Voluntary Ticket Collector, challenged his termination on grounds of lack of due process and discrimination compared to another employee - The Tribunal found that the applicant was afforded adequate opportunity to defend himself and that t Read more.

Delhi - Disciplinary Proceedings - A Disagreement Note in disciplinary proceedings must be tentative, allowing the employee a fair opportunity to respond, as per principles of natural justice and constitutional rights.

(A) ED.CIL's (Conduct, Discipline and Appeal) Rules, 2003 - Rule 25 - Disciplinary proceedings - The Petitioner challenged the dismissal order based on a Disagreement Note which was found to be conclusive rather than tentative, violating principles of natural justice as established in Yoginath D. B Read more.

Kerala - Public Employment - The court ruled that allegations of corruption in a selection process must be substantiated with clear evidence; otherwise, the selection cannot be invalidated.

(A) Recruitment Guidelines - Selection Process - The petitioners, ex-defence servicemen, challenged the selection process for Bank Guards, alleging corruption and lack of transparency. The guidelines stipulated eligibility criteria and selection procedures, which were followed. The court found no s Read more.

Kerala - Pension Scheme - The court affirmed the rights of retired employees to process Joint Option Forms under the amended pension scheme, as clarified by the Supreme Court, ensuring compliance within a specified timeframe.

(A) Employees Provident Fund and Miscellaneous Provisions Act, 1952 - Joint Option Forms - The petitioners, retired employees, sought direction for processing their Joint Option Forms in light of the Supreme Court judgment in Employees Provident Fund Organisation v. Sunil Kumar B. - The Supreme Cou Read more.

Kerala - Education Employment - The court ruled that the petitioner is entitled to Scale of Pay as there are no legal barriers, given the school's economic status and the applicable rules.

(A) G.O.(MS)51/2023/GEDN dated 02.05.2023 - Circular No.631703/J2/2016 dated 01.08.2016 - Appointment of LPST - The petitioner sought approval for appointment as LPST from 06.06.2019, which was initially granted on daily wages due to the school being uneconomic. The school became economic, and the Read more.

Madhya Pradesh - Judicial Service - A probationer's service can be terminated for unsuitability without a formal inquiry into misconduct, affirming the authority's discretion under service rules.

(A) M.P. Judicial Service (Recruitment and Conditions of Service) Rules, 1994 - Rule 11 - Termination of services of probationer - The petitioner challenged the termination order citing satisfactory performance during probation and lack of communication regarding adverse remarks - The court held th Read more.

Madras - Wages and Compensation - The court ruled that the failure to include petitioners in the Screening Committee due to administrative delay violated their rights to equal pay under Article 39(d) of the Constitution.

(A) Constitution of India - Article 39(d) - Equal pay for equal work - Petitioners, daily rated casual labourers, challenged the rejection of their claim for minimum pay of Rs.18,500/- per month as per G.O.Ms.No.233, Public Works Department dated 06.12.2019 - Court found that the respondents failed Read more.

Madras - Public Employment - The court upheld the appointment of Respondent No.5, attributing the petitioner's exclusion to his failure to timely update registration details, emphasizing shared responsibility.

(A) Constitution of India - Article 226 - Writ of certiorarified mandamus - Employment registration - Petitioner sought to challenge the appointment of Respondent No.5 for the post of B.T Assistant, Mathematics (Telugu Medium) due to alleged non-sponsorship by Respondent No.4 - Petitioner’s registr Read more.

Madras - Compassionate Appointment - The court ruled that the absence of documentation from the bank invalidated its rejection of the petitioner's claim for ex-gratia payment, mandating reconsideration under the applicable compassionate appointment scheme.

(A) Writ Petition - Challenging impugned order dated 30.04.2020 denying ex-gratia payment under compassionate appointment scheme - The petitioner’s father died in service on 10.05.2006, and the petitioner applied for compassionate appointment which was rejected due to lack of provision at that time Read more.

Madras - Compassionate Appointment - Compassionate appointment is a concession, not a right; however, eligibility must be considered despite delays or changes in policy.

(A) Compassionate Appointment Scheme - The petitioner was appointed as 'Sweeper-cum-Packer' on compassionate grounds but was deprived of the appointment due to third-party litigation. The appointment was cancelled despite the petitioner being eligible. The scheme for compassionate appointment was s Read more.

Madras - Wages and Compensation - The court affirmed that denying equal pay to similarly situated casual labourers violates constitutional rights, emphasizing the need for timely administrative action.

(A) Constitution of India - Article 39(d) - Equal pay for equal work - Petitioners, daily rated casual labourers, sought minimum pay of Rs.18,500/- as per G.O.Ms.No.233, Public Works Department dated 06.12.2019 - Court found that petitioners were arbitrarily excluded from the Screening Committee - Read more.

Madras - Promotion and Seniority - Eligibility for promotion requires meeting specific criteria, and temporary arrangements do not confer rights to promotion.

(A) Promotion - Claim for promotion to the post of 'Assessor' - Petitioner contended that he was entitled to promotion on par with juniors who were promoted during the panel year 2016-2017 - The petitioner, initially appointed as 'Basic Health Worker', was promoted to 'Assistant' but not to 'Licens Read more.

Madras - Labour Disputes - The court upheld the Labour Court's finding of charges being proved but deemed dismissal disproportionate, increasing compensation to Rs.3,25,000 based on the workman's long service.

(A) Industrial Disputes Act, 1947 - Section 11A - Labour Court's award regarding dismissal - The Labour Court found charges against the workman proved but deemed dismissal disproportionate, awarding Rs.1,00,000/- as compensation instead of reinstatement. The workman challenged this decision. (Paras Read more.

Madras - Service Regularization - The court affirmed that continuity of service must be recognized for regularization, emphasizing the importance of adhering to previous Labour Court rulings.

(A) Industrial Disputes Act, 1947 - Section 10 - Termination of service - The respondent was terminated after nearly ten years of service, which was deemed illegal by the Labour Court, leading to reinstatement - The court emphasized the significance of continuity of service in the context of regula Read more.

Madras - Industrial Disputes - The court held that discrepancies in employment documentation do not negate entitlement to compensation when the employer-employee relationship is not clearly denied.

(A) Industrial Disputes Act, 1947 - Section 2(k) - Writ petition challenging Labour Court's order allowing an industrial dispute regarding the termination of employment - The petitioner denied employer-employee relationship and alleged fabrication of documents by the respondent - Labour Court found Read more.

Madras - Industrial Relations - The court upheld the certified standing orders, affirming that provisions must not promote unfair labor practices and that employee transfers are lawful unless abused.

(A) Industrial Employment (Standing Orders) Act, 1946 - Section 4 - Writ petition challenging certified standing orders - Clauses deemed oppressive, victimizing, and promoting unfair labor practices - Court found no illegality in clauses concerning apprentices, probation periods, and employee ident Read more.

Orissa - Writ Jurisdiction - The court ruled that stale claims in writ petitions are not entertained, especially when the petitioner fails to disclose current employment and does not explain significant delays.

(A) Odisha Administrative Tribunal Act, 1985 - Writ of Mandamus - Delay and laches - Petitioner sought approval of appointment against Additional Trained Graduate post, claiming similar treatment as others based on prior judgments. Court found no merit due to gross delay in filing and non-disclosur Read more.

Rajasthan - Disciplinary Proceedings - The doctrine of proportionality must be applied in disciplinary actions to ensure that penalties correspond with the severity of misconduct.

(A) Industrial Disputes Act, 1947 - Section 10 - Termination of employment - The Labour Court upheld the termination of the petitioner, who was employed as a Machinist from 1983 until his termination in 1998, based on allegations of misconduct including absence and instigation of co-workers - The p Read more.

Telangana - Compensation and Benefits - Absences without pay do not count towards continuous service for compensation under the Voluntary Separation Scheme, and acceptance of benefits without objection estops claims for higher compensation.

(A) Voluntary Separation Scheme - Circular No.Co/Pers Policy/VR/2002/987, dated 16.09.2002 - Compensation calculation - Petitioner claimed entitlement under clause 4.2.2 for 30 years of service, but respondents calculated under clause 4.2.1 due to absences - Court found that petitioner received ben Read more.

Telangana - Writ Petition - The court ruled that employment benefits must adhere to company policies and performance evaluations, affirming the petitioner's entitlement to certain benefits while denying others based on eligibility criteria.

(A) Writ of Mandamus - Denial of benefits - Compensation Revision of 2014, Annual Increment, Retention Bonus, Excess Rental, Interest - Petitioner challenged denial of benefits post-reinstatement - Court found petitioner entitled to compensation revision and annual increment for 2014 and 2017, but Read more.

Telangana - Disciplinary Proceedings - Disciplinary actions in employment must adhere to principles of natural justice, including providing an opportunity for the employee to defend against allegations.

(A) Constitution of India - Principles of Natural Justice - Recovery proceedings issued without conducting an enquiry or providing an opportunity to the petitioner to defend his case - The petitioner was employed with a government company and faced allegations of embezzlement without due process - Read more.

Telangana - Regularization of Services - Long service can justify regularization despite lack of initial qualifications, emphasizing fairness in employment practices.

(A) G.O.Ms. No.176 SW(A2) dated 15-11-1976 - Regularization of services - The petitioner, appointed temporarily in 1981, sought regularization after 36 years of service without the required qualifications, claiming unfair treatment and denial of benefits. The court recognized long service as a vali Read more.

Tripura - Pension and Gratuity - Withholding gratuity post-retirement without notice or opportunity to contest alleged incorrect pay fixation is impermissible and deemed harsh.

(A) Payment of Gratuity Act, 1972 - Recovery of gratuity - Petitioners, employees of Agriculture Department, challenged withholding of 25% gratuity post-retirement due to alleged incorrect pay fixation - Court found withholding impermissible as it would be harsh and iniquitous, especially since no Read more.

Mahkamah Tinggi Malaya Seremban - Wildlife Conservation - The court upheld the wildlife department's actions under the Wildlife Conservation Act, emphasizing the necessity of culling due to repeated threats to human safety.

(A) Wildlife Conservation Act 2010 - Sections 52(1), 55, and 86(1)(f) - The plaintiffs sought declarations against the defendants regarding the legality of the culling of dusky leaf monkeys. The court found that the plaintiffs failed to prove their claims, leading to the dismissal of the action wit Read more.

Mahkamah Tinggi Malaya Seremban - Wildlife Conservation - Tindakan menembak lotong cengkong oleh pihak Perhilitan adalah sah dan wajar berdasarkan keperluan untuk melindungi manusia daripada serangan, dengan beban pembuktian terletak pada Plaintif yang gagal membuktikan dakwaan mereka.

(A) Akta Pemuliharaan Hidupan Liar 2010 - Seksyen 52 dan 86(1)(f) - Tindakan menembak lotong cengkong oleh pihak Perhilitan - Plaintif menuntut deklarasi bahawa tindakan tersebut adalah salah dari segi undang-undang - Mahkamah mendapati tindakan menembak adalah wajar dan berdasarkan keperluan untuk Read more.

National Green Tribunal - Environmental Clearance - Environmental Clearances must comply with statutory requirements, including public hearings and environmental safeguards, to ensure lawful mining operations.

(A) Environmental Impact Assessment Notification, 2006 - Environmental Clearance - Appeal against the grant of Environmental Clearance by SEIAA for sand mining project - Allegations of illegal mining and non-compliance with EC - The project was approved after a public hearing and compliance with en Read more.

National Green Tribunal - Mining and Quarrying Regulations - Compliance with environmental regulations is critical; violations can lead to revocation of permits and legal actions.

(A) Environmental Protection Act, 1986 - Violation of Environmental Clearance Conditions - Allegations against the Lessee for illegal blasting, excess mining, and non-compliance with environmental safeguards - The Joint Committee found that the Lessee extracted 7092 cum of stone beyond the permitte Read more.

National Green Tribunal - Land Use and Management - The court emphasized the urgent need for remedial measures to address land subsidence caused by geological conditions and human activities, mandating implementation within one year.

(A) Environmental Protection Act, 1986 - The Tribunal took suo motu cognizance of a news report regarding severe land subsidence in Ramban District, J&K, leading to destruction of houses and displacement of residents. The geological investigation revealed that the landslide was influenced by natura Read more.

National Green Tribunal - Wildlife Conservation - The state must effectively implement conservation policies and adhere to environmental laws to protect endangered species, particularly the Manipuri pony.

(A) Environment Protection Act, 1986 - Biological Diversity Act, 2002 - Policy on Conservation of Manipuri Pony, 2016 - The case concerns the threat to the endangered Manipuri ponies due to habitat encroachment and ineffective conservation policies. The court noted the decline in pony population fr Read more.

National Green Tribunal - Forest Conservation - The court held that land recorded as 'Sabik Kisam Jungle' is protected under the Forest (Conservation) Act, 1980, and any diversion for non-forest use requires prior approval from the Central Government.

(A) Forest (Conservation) Act, 1980 - Section 2 - Allegation of illegal diversion of forest land for industrial purposes - Land recorded as 'Sabik Kisam Jungle' in revenue records - No prior approval for diversion obtained from the Central Government as mandated by law - Respondents failed to justi Read more.

National Green Tribunal - Mining Regulations - The court upheld the compliance of mining operations with environmental regulations, dismissing allegations of illegal mining due to lack of evidence.

(A) Madhya Pradesh Sand Mining Rules, 2019 - Mines and Minerals (Development and Regulation) Act, 1957 - Environmental Protection Act, 1986 - The case addresses illegal sand mining activities in District Chhatarpur, violating statutory rules and permissions. The court noted the environmental degrad Read more.

Supreme Court - Pollution Control - The court reaffirmed the 'Polluter Pays Principle', establishing that polluters are absolutely liable for environmental damage and must compensate affected individuals until ecological restoration is achieved.

(A) Environment (Protection) Act, 1986 - Sections 3 and 5 - Water (Prevention and Control of Pollution) Act, 1974 - Pollution caused by tanneries in Vellore District - The court directed the State to pay compensation to affected individuals as per awards dated 07.03.2001 and 24.08.2009, emphasizing Read more.

Allahabad - Matrimonial Disputes - In matrimonial disputes, courts favor reconciliation and amicable settlements, prioritizing the welfare of the parties involved.

(A) Code of Criminal Procedure, 1973 - Section 482 - Quashing of proceedings - The court considered a matrimonial dispute where the parties expressed willingness to settle, with the husband undertaking to treat his wife respectfully and provide for her expenses - The court directed both parties to Read more.

Chhattisgarh - Divorce - Mental cruelty can be inferred from a spouse's persistent refusal to cohabit and disrespectful behavior, justifying divorce under the Hindu Marriage Act.

(A) Family Courts Act, 1984 - Section 19(1) - Hindu Marriage Act, 1955 - Section 28 and 13(1)(i-a) - Appeal against dismissal of divorce application on grounds of cruelty - Court found that the respondent's behavior constituted mental cruelty, leading to the dissolution of marriage. (Paras 1, 24) ( Read more.

High Court Malaya Kuala Lumpur - Child Custody - The welfare of the child is paramount in custody decisions, with financial stability and emotional readiness being critical factors in determining custody arrangements.

(A) Law Reform (Marriage and Divorce) Act 1976 - Sections 88 and 89 - Guardianship of Infants Act 1961 - Section 11 - Custody and child maintenance - The court held that the Plaintiff was not entitled to sole custody due to financial instability and lack of a nurturing environment, favoring the Def Read more.

Kerala - Property and Maintenance - The court upheld the ex parte decree favoring the wife, affirming that unchallenged claims supported by evidence can lead to a judgment against the absent party.

(A) Family Courts Act, 1984 - Sections 7 and 8 - Appeal against ex parte decree - The wife sought declaration of title and recovery of gold and money from the husband, who failed to contest the claims - The Family Court found the wife's claims substantiated by evidence, leading to an ex parte judgm Read more.

Kerala - Maintenance and Property Recovery - The husband failed to prove his claims regarding the gold ornaments, leading to the conclusion of misappropriation and the wife's entitlement to maintenance.

(A) Family Law - Maintenance - Recovery of gold and money - The wife claimed recovery of 25 sovereigns of gold ornaments and ₹9,75,000/- from the husband, who misappropriated the gold and sold properties. The Family Court decreed in favor of the wife. (Paras 2, 4, 10) (B) Burden of Proof - The husb Read more.

Madras - Guardianship - The court exercises parens patriae jurisdiction to appoint a guardian for an individual in a vegetative state due to inadequate legal provisions.

(A) Constitution of India - Article 226 - Guardianship - Petition for declaring the petitioner as Guardian for her husband who is in a vegetative state - The petitioner is appointed as guardian to deal with her husband's property for medical expenses - Current laws do not adequately address guardia Read more.

Madras - Child Custody - Custody of minor children should ordinarily be with the mother, especially for their mental health and well-being, as per the Hindu Minority and Guardianship Act.

(A) Hindu Minority and Guardianship Act, 1956 - Section 6(a) - Constitution of India - Article 51(A)(k) - Habeas Corpus petition for custody of minor children - Court emphasized the importance of the mother’s custody for the children’s mental health and well-being, stating that the mother is capabl Read more.

Madras - Marriage and Divorce - A marriage under the Special Marriage Act is void if either party has a living spouse, and proper parties must be included in civil litigation to validate claims.

(A) Special Marriage Act, 1954 - Section 4 - Tamil Nadu Pension Rules, 1978 - Rule 49(12) - Family pension claim - Petitioner claims to be the third wife of a deceased government servant, but her marriage is deemed void due to prior existing marriages - Court found insufficient evidence to support Read more.

Supreme Court - Divorce and Maintenance - Divorce – A dead marriage can be given a decent quietus while protecting interest of divorced wife by granting her a decent alimony.

Hindu Marriage Act, 1955 – Section 13 – Divorce – Cruelty and desertion by wife – Allegation of cruelty levelled by respondent against appellant mainly revolved around her threatening respondent and his family members of filing false and malicious criminal proceedings against them – Subsisting disp Read more.

Debt Recovery Appellate Tribunal - Debt Recovery - The court emphasized the necessity of a pre-deposit for appeals under the SARFAESI Act and found no prima facie case for the appellant against the Sarfaesi action.

(A) Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - Section 18 - Recovery of Debts and Bankruptcy Act, 1993 - Rule 17-A - Appeal against Sarfaesi action - Appellant sought urgent relief against anticipated possession of property due to alleged Read more.

Debt Recovery Appellate Tribunal - Debt Recovery - The court affirmed that a Demand Notice under the SARFAESI Act is valid if issued within the limitation period and that procedural compliance in the sale process is essential for upholding auction results.

(A) SARFAESI Act, 2002 - Sections 13(2) and 17 - Security Interest (Enforcement) Rules, 2002 - Appeal against order of DRT regarding sale of movables - Appellant challenged the validity of the Demand Notice and sale procedures, claiming defects and violations - Tribunal upheld the sale, confirming Read more.

Debt Recovery Appellate Tribunal - Securitisation - The mortgagor is liable for pre-deposit based on the debt due as claimed by secured creditors, regardless of mortgage deed restrictions.

(A) Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - Section 17(1) and Section 18(1) - Appeal against dismissal of applications to injunct bank from taking possession of mortgaged property - Appellant, as mortgagor, required to make pre-deposit Read more.

National Company Law Appellate Tribunal - Corporate Insolvency Resolution Process - The court emphasized that express intimation regarding payment adjustment must be honored, overriding the creditor's discretion under the Indian Contract Act.

(A) Insolvency and Bankruptcy Code, 2016 - Section 7 - Indian Contract Act, 1872 - Sections 59 and 60 - Appeal against admission of application for resolution of debt - Appellant contended that payment of Rs. 65 lakhs should be adjusted against CP (IB) No. 195 of 2019, not CP (IB) No. 196 of 2019 - Read more.

National Company Law Tribunal - Corporate Insolvency Resolution Process - Homebuyers with Recovery Certificates remain Financial Creditors under the IBC, allowing them to initiate CIRP despite prior claims for refunds.

(A) Insolvency and Bankruptcy Code, 2016 - Section 7 - Application filed by 22 allottees against M/s NHA Infrabuild Private Limited for initiating Corporate Insolvency Resolution Process (CIRP) due to default in delivering possession of flats and refunding amounts - Total outstanding debt of Rs. 14 Read more.

National Company Law Tribunal - Personal Insolvency - The Tribunal emphasized that insolvency applications must be complete and filed in good faith, dismissing those intended to obstruct creditor recovery.

(A) Insolvency and Bankruptcy Code, 2016 - Sections 94, 96, 99, and 100 - Personal Guarantors Insolvency Rules, 2019 - Application for Personal Insolvency Resolution Process - The Applicant, a Personal Guarantor, filed for insolvency after the Corporate Debtor was declared an NPA. The Financial Cre Read more.

National Company Law Tribunal - Corporate Insolvency Resolution Process - The Tribunal upheld the validity of the Corporate Insolvency Resolution Process initiation, ruling that the Corporate Debtor's request to recall the order lacked legal grounds and that default was admitted.

(A) Insolvency and Bankruptcy Code, 2016 - Section 60(5) and Section 7 - Corporate Insolvency Resolution Process (CIRP) - Application to recall order admitting CIRP against Corporate Debtor dismissed - Corporate Debtor failed to demonstrate grounds for recall, and default was admitted - The Tribuna Read more.

National Company Law Tribunal - Corporate Insolvency Resolution Process - The right to apply under the Insolvency and Bankruptcy Code accrues on the date of default, and applications filed beyond three years from that date are time-barred under the Limitation Act.

(A) Insolvency and Bankruptcy Code, 2016 - Section 9 - Limitation Act, 1963 - Corporate Insolvency Resolution Process - Petition filed by operational creditor for default of Rs.4,49,880/- - Petition dismissed as time-barred; default date established as 16.03.2015, petition filed on 24.08.2018 - Pre Read more.

National Company Law Tribunal - Personal Insolvency - The bankruptcy of a Personal Guarantor affects their financial obligations, and the Tribunal must consider justice when directing payments.

(A) Insolvency and Bankruptcy Code, 2016 - Section 94 and Section 112 - Personal Guarantor's failure to pay Rs.2,00,000/- for resolution process expenses - Tribunal dismissed the request to direct the Personal Guarantor to pay due to his admitted bankruptcy - Respondent No.2 directed to pay Rs.1,16 Read more.

National Company Law Tribunal - Liquidation - The Tribunal ordered the liquidation of assets under the Insolvency and Bankruptcy Code due to the suspended management's failure to disclose material facts, emphasizing creditor rights and transparency.

(A) Insolvency and Bankruptcy Code, 2016 - Sections 33, 53, 14, 19(2), 70, 34(2), 33(1)(a) - Liquidation of Corporate Debtor - The Tribunal ordered the liquidation of 6.22 acres of land belonging to SD Pharmacy Private Limited after the resolution plan failed to include it, emphasizing the need for Read more.

National Company Law Tribunal - Liquidation - The Liquidator is empowered to take possession of the Corporate Debtor's assets, and stakeholders must file claims for any outstanding dues as per the Insolvency and Bankruptcy Code.

(A) Insolvency and Bankruptcy Code, 2016 - Sections 35(1)(b), 36(3)(a) & (b), 60(5) - Liquidation Process - Liquidator's authority to take possession of assets - Respondents directed to assist Liquidator in possession of plots purchased by Corporate Debtor - Respondents' claims for maintenance char Read more.

National Company Law Appellate Tribunal - Resolution Plans - The approval of a Resolution Plan does not preclude the adjudication of pending claims by operational creditors, ensuring their rights are preserved.

(A) Insolvency and Bankruptcy Code, 2016 - Approval of Resolution Plan - Appeal against NCLT order approving the Resolution Plan while an application for operational creditor's claim is pending - The Adjudicating Authority directed that the entire resolution amount be deposited in an interest-beari Read more.

Allahabad - Motor Vehicle Insurance - The omission of the proviso in the Motor Vehicles Act does not absolve insurers from paying compensation initially, nor does it eliminate their right to recover from vehicle owners, maintaining the 'Pay and Recover' principle.

(A) Motor Vehicles Act, 1988 – Sections 147, 149, and 150 – Motor Vehicles (Amendment) Act, 2019 – Effect on insurer’s liability – The court held that the omission of the proviso to sub-section (4) of Section 149 does not absolve the insurer from the obligation to pay Read more.

Allahabad - Claim Processing - Conditions restricting the timeframe for filing claims under an insurance scheme are void as per Section 28 of the Indian Contract Act, 1872.

(A) Indian Contract Act, 1872 - Section 28 - Mukhyamantri Kishan Evam Sarvhit Beema Yojna - Claim for insurance declined due to delay, raised beyond two months from the date of death - Supreme Court judgment in SLP (C) No. 3978 of 2022 held that such a condition is void under Section 28 of the Act Read more.

Allahabad - Technology Implementation - The court emphasized the necessity of effective implementation of judicial technology and timely execution of court processes to enhance efficiency in the judicial system.

(A) Criminal Procedure Code, 1973 - Sections 82 & 83 - Implementation of court processes - Directions issued for maintaining process registers and proper execution of summons and warrants - Technical issues regarding NSTEP and National Prisoner Information Portal addressed - Assurance given for tra Read more.

Supreme Court - Appointment of Judges - The court emphasizes the need for flexible judicial appointments under Article 224A to address the backlog of cases in High Courts.

(A) Constitution of India - Article 224A - Appointment of ad-hoc Judges - The court addresses the backlog of cases pending in High Courts, emphasizing the need for a dynamic approach to judicial processes. The court decides to keep certain conditions regarding the appointment of ad-hoc Judges in ab Read more.

Telangana - Wages and Employment - The Government is liable to pay wages to workers of Lift Irrigation Schemes as it holds an employer-employee relationship, affirming the Labour Court's Award.

(A) Constitution of India - Article 226 - Industrial Disputes Act, 1947 - Employer-employee relationship - The Labour Court held that workmen of 18 Lift Irrigation Schemes are entitled to wages as per Standard Schedule Rates from August 1996, and the Government is liable to pay wages until terminat Read more.

Tripura - Land Acquisition - Compensation claims require valid proof of ownership and alienable rights; mere revenue records are insufficient.

(A) Land Acquisition Act, 1894 - Section 54 - Appeal against compensation award - The appeal challenges the enhancement of compensation for acquired land from Rs. 15,00,000 to Rs. 25,00,000 per kani by the Land Acquisition Judge - The court emphasized the necessity of proving alienable rights for c Read more.

Kerala - Compensation Claims - The court affirmed that under Section 163-A of the Motor Vehicles Act, actual expenses are irrelevant for compensation determination, emphasizing the structured formula's purpose to expedite claims.

(A) Motor Vehicles Act, 1988 - Section 163-A - Claim for compensation - The appellant sustained injuries in an accident and sought compensation of Rs.12,00,000/-; Tribunal awarded Rs.1,55,435/- based on structured formula - Appellant contended for actual medical expenses of Rs.5,90,992/- - Court he Read more.

Madras - Compensation - Court established liability for compensation due to negligence of stationary vehicle owner, with contributory negligence of deceased affecting total compensation awarded.

(A) Motor Vehicles Act, 1988 - Sections 166 and 168 - Compensation for death in motor accident - Claimants, legal heirs of deceased Mathialagan, sought compensation after he died from injuries sustained in an accident involving a stationary vehicle. Court established liability of vehicle owner and Read more.

Madras - Compensation Enhancement - The court emphasized the necessity for just and reasonable compensation, correcting the Tribunal's inadequate award based on erroneous calculation methods.

(A) Motor Vehicles Act, 1988 - Claim for compensation arising from a motor vehicle accident - The claimant sought Rs.10,00,000/- but was awarded Rs.2,67,000/- by the Tribunal - The accident was due to the rash and negligent driving of the auto driver - The Tribunal adopted an erroneous method for c Read more.

Bombay - Insurance Liability - Insurance companies cannot evade liability if the insured driver acted to avoid an accident and had a valid license, regardless of policy limitations.

(A) Motor Vehicles Act, 1988 - Sections 147 and 149 - Insurance liability - The appellant challenged the tribunal's award of Rs.3,95,000/- as compensation, claiming the deceased was negligent and not covered under the policy - The tribunal found the insurance company liable as the deceased was atte Read more.

Gujarat - Insurance Liability - The insurer must satisfy the compensation award despite the insured's breach of policy conditions unless it fundamentally contributed to the accident.

(A) Motor Vehicles Act, 1988 - Section 173 - First Appeal against judgment and award of Motor Accident Claims Tribunal - Claimant sustained injuries in an accident caused by negligent driving - Tribunal awarded Rs.1,90,868/- as compensation, which the claimant appealed against. (Paras 1, 2, 4, 8) ( Read more.

Gujarat - Compensation Claims - The court emphasized that compensation must be just and fair, with standard deductions for personal expenses set at 50% for bachelors unless proven otherwise.

(A) Motor Vehicles Act, 1988 - Section 173 - First Appeal against judgment and award of Motor Accident Claims Tribunal - The Tribunal assessed income of deceased at Rs.7500/- despite minimum wage being lower, and deducted 1/3 for personal expenses instead of the standard 50% - The court emphasized Read more.

Jharkhand - Compensation Claims - Death by gunshot injury while traveling in a vehicle constitutes an accident under Section 163A of the Motor Vehicles Act, allowing for compensation even in the absence of negligence.

(A) Motor Vehicles Act, 1988 - Section 163A - Claim for compensation for death due to gunshot injury while traveling in a bus - Tribunal rejected claim stating it was not a motor vehicle accident - Court held that death by gunshot while using a vehicle constitutes an accident under the Act - Relian Read more.

Kerala - Compensation Claims - The court established that compensation for loss of dependency must be based on reliable evidence of income, considering future prospects and applicable legal principles.

(A) Motor Vehicles Act, 1988 - Compensation for death in motor accident - The Tribunal awarded Rs.34,50,000/- which was contested by both parties - The deceased was driving a car when it was hit by another vehicle driven negligently - The petitioners claimed Rs.1,28,25,000/- but were awarded Rs.42, Read more.

Kerala - Compensation Claims - The court established that compensation for injuries must reflect the severity of the injuries and the impact on the victim's life, applying principles from prior judgments to enhance the awarded amount significantly.

(A) Motor Vehicles Act, 1988 - Section 166 - Compensation for injuries sustained in a motor vehicle accident - Petitioner claimed Rs.25,00,000/- for severe injuries sustained due to negligence of drivers of two vehicles involved in the accident - Tribunal awarded Rs.16,09,530/- which was contested Read more.

Kerala - Compensation Claims - The court recalibrated the compensation for injuries based on accurate assessments of income and disability, emphasizing the need for just compensation under the Motor Vehicles Act.

(A) Motor Vehicles Act, 1988 - Section 166 - Compensation for injuries sustained in a motor vehicle accident - Petitioner claimed Rs.42,15,000/- for injuries sustained in an accident on 22/5/2007 - Tribunal awarded Rs.2,93,450/- which was contested by the petitioner - The court found the Tribunal's Read more.

Madras - Compensation Claims - Compensation for minors in fatal accidents should reflect potential contributions, with a notional income of Rs.30,000/- applied, leading to an enhanced total of Rs.5,00,000/-.

(A) Motor Vehicles Act, 1988 - Section 163-A - Compensation for death in motor accident - The Tribunal awarded Rs.2,95,000/- for the death of a minor, which was deemed inadequate. The court relied on precedents to enhance the compensation to Rs.5,00,000/- based on notional income principles for min Read more.

Madras - Compensation Claims - The burden of proof lies with claimants to establish negligence in motor accident claims; failure to do so results in dismissal.

(A) Motor Vehicles Act, 1988 - Sections relating to claims for compensation due to motor accidents - The claim for compensation was dismissed by the Tribunal due to lack of evidence proving negligence of the other party - The court upheld the Tribunal's findings, stating there was no infirmity or p Read more.

Telangana - Compensation Enhancement - The court established that future prospects must be considered in compensation calculations, and the appropriate multiplier should reflect the deceased's age and income accurately.

(A) Motor Vehicles Act, 1988 - Sections 166 and 168 - Appeal for enhancement of compensation - Petitioners claimed compensation of Rs.8,00,000/- for the death of the deceased in a road traffic accident - Tribunal awarded Rs.6,01,000/- which was contested by petitioners - Court found that the deceas Read more.

Telangana - Compensation Claims - The court emphasized the importance of salary certificates in compensation claims and the necessity of including future prospects in calculating damages.

(A) Motor Vehicles Act, 1988 - Sections 166(1)(c) and 163-A - Appeal for enhancement of compensation - Claimants sought Rs.9,00,000/- for death in a road traffic accident - Tribunal awarded Rs.1,71,000/- - Court found the Tribunal erred in calculating income and multiplier, leading to a revised com Read more.

Tripura - Compensation Assessment - The assessment of compensation for permanent disability must consider its impact on earning capacity, not just the percentage of disability.

(A) Motor Vehicles Act, 1988 - Sections 166 and 173 - Appeal for enhancement of compensation due to permanent disability from a road traffic accident - The Tribunal awarded Rs.2,77,557/- which was challenged for being inadequate. The claimant-appellant sustained severe injuries leading to permanent Read more.

Kerala - Motor Vehicle Accident - The court reinstated the disability percentage to 45% and recalibrated total compensation to Rs.12,79,015/- based on established legal principles regarding just compensation for injuries.

(A) Motor Vehicles Act, 1988 - Section 166 - Claim for compensation for injuries sustained in an accident - Petitioner sustained serious injuries due to the negligent driving of the 1st respondent's lorry - Tribunal awarded Rs.5,34,695/- as compensation, which was contested by the petitioner. (Para Read more.

Madras - Prison Administration - Public servants must be utilized exclusively for public duties, and any misuse for personal tasks by officials is impermissible.

(A) Prison Manual - Clause 4.02 - Writ of mandamus - Allegations against prison administration regarding improper maintenance and engagement of prison staff for personal work - Government ordered an enquiry into the allegations, leading to corrective measures. (Paras 2-4, 6-8) (B) Public Servants - Read more.

Andhra Pradesh - Injunctions - Possession under Section 53-A of the Transfer of Property Act can be protected against third parties, even without a formal sale deed, if established through credible evidence.

(A) Transfer of Property Act, 1882 - Section 53-A - Permanent prohibitory injunction - Plaintiff sought injunction against Defendants for interfering with possession of land purchased under a sale agreement - Courts confirmed Plaintiff's possession despite Defendants' claims of ownership - Evidence Read more.

Debt Recovery Appellate Tribunal - Tenancy Rights - A tenant's rights under a tenancy agreement created before a mortgage are protected under the SARFAESI Act, and the DRT must consider these rights when adjudicating possession claims.

(A) Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - Section 17(4-A) - Transfer of Property Act, 1882 - Section 65A - Tenant's rights - Appellant, claiming tenancy, challenges DRT's dismissal of his application for protection of possession over Read more.

Kerala - Land Acquisition - Valuation of fruit-bearing trees must consider yield and apply a multiplier as per Supreme Court precedent.

(A) Land Acquisition Act - Valuation of fruit-bearing trees - The petitioner challenged the valuation of nutmeg trees at Rs.5,000/- per tree, significantly lower than the previous valuation of Rs.45,000/- and Rs.1,50,024/- - Supreme Court precedent mandates that valuation must consider yield and ap Read more.

Kerala - Easements - A survey commission for measuring an easement is necessary only when pleadings genuinely require precise measurements; otherwise, it may cause unnecessary delays.

(A) Easements Act - Prescriptive easement rights - The plaintiff sought a declaration of prescriptive easement over a pathway through the defendant's property, necessitating precise measurements for effective enforcement. The court emphasized the need for detailed evidence of the easement's existen Read more.

Kerala - Landlord-Tenant Disputes - Writ jurisdiction cannot resolve disputed factual issues in landlord-tenant disputes; remedies must be sought under the Kerala Buildings Lease and Rent Control Act.

(A) Kerala Buildings Lease and Rent Control Act, 1965 - Article 226 of the Constitution of India - Writ petition for vacant possession of shoproom - Petitioner alleged forgery of lease deed and illegal possession by first respondent - Court held that disputed questions of fact cannot be resolved in Read more.

Kerala - Writ Petition - The court directed the consideration of property mutation following the resolution of a civil dispute, emphasizing timely action.

(A) Writ Petition (Civil) - Property Law - The court addressed the prayers in W.P.(C) No.25070 of 2022 and W.P.(C) No.130 of 2025 concerning the registration and mutation of property in Chengamanad Village. The interim order preventing registration remains in force. (Paras 1-2) (B) Civil Dispute - Read more.

Madras - Tenancy Rights - The petitioner lacked legal standing to challenge the municipality's sealing of the shop, as there was no landlord-tenant relationship.

(A) Municipal Laws - Principles of Natural Justice - The petitioner sought to de-seal a shop without notice, claiming a right to continue business. The court found no landlord-tenant relationship and ruled the petitioner was an illegal occupant. (Paras 5, 6, 8) (B) Writ Jurisdiction - The court emp Read more.

Madras - Land Ownership and Rights - Continuous possession for over 30 years establishes title against all, and erroneous classification as 'Oorani Poramboke' does not negate rights under the Tamil Nadu Estates Act.

(A) Tamil Nadu Estates (Abolition and Conversion into Ryotwari) Act, 1948 - Sections 3 and 11-18 - Second Appeal against dismissal of suit for declaration of ownership of property - Courts below erred in classifying property as 'Oorani Poramboke' instead of recognizing it as ryoti land - Continuous Read more.

Madras - Land Records - Revenue authorities must adhere to natural justice principles and cannot decide on land title matters when civil litigation is ongoing.

(A) Tamil Nadu Patta Pass Book Act, 1983 - Second round of litigation concerning correction of entries in land records - The appellant challenged the order of the District Revenue Officer regarding land ownership, previously dismissed by the learned Single Judge and later remitted for fresh hearing Read more.

Madras - Possession Disputes - Possession rights under Sections 145 and 146 Cr.P.C. must be determined without infringing on principles of natural justice, particularly regarding notice and hearing.

(A) Code of Criminal Procedure, 1973 - Sections 145, 145(i), 146 & 146(i) - Dispute over possession rights of land - The 1st Respondent declared the 3rd Respondent entitled to retain possession of land in R.S.No.48/3A/1/A - The Petitioner claimed possession based on an unregistered sale agreement - Read more.

Madras - Registration of Documents - The court ruled that the insistence on original documents for property registration is arbitrary, lacking statutory support, and the rights of property owners must be protected.

(A) Registration Act, 1908 - Rule 55 A of the Tamil Nadu Registration Rules, 2000 - The petitioner challenged the refusal to register a sale deed due to non-production of the original parent document - The court reiterated that the insistence on original documents is arbitrary and not supported by Read more.

Madras - Religious Endowments - The court determined that a sale of temple land, executed without prior sanction, is valid if ratified by the Commissioner through a compromise.

(A) Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 - Section 34 - Writ Petition challenging refusal to register sale documents of temple land - Sale of land originally belonging to a temple, executed without prior sanction, deemed valid due to compromise approved by Commissioner - P Read more.

Madras - Title Disputes - The First Appellate Court correctly reversed the trial court's decree due to insufficient evidence from the plaintiffs to establish title over the suit property.

(A) Civil Procedure Code, 1908 - Section 100 - Second appeal against the reversal of trial court's decree - The First Appellate Court found that the plaintiffs failed to prove title over the suit property and reversed the trial court's decree with proper reasoning. (Paras 23, 24) (B) Evidence - Adm Read more.

Madras - Forfeiture of Property - The burden of proof lies on the affected person to establish the legality of property acquisition in forfeiture proceedings under COFEPOSA and SAFEMA.

(A) COFEPOSA Act, 1974 - Section 6(1) - SAFEMA, 1976 - Sections 6(1) and 7(1) - Forfeiture of properties - The Appellate Tribunal confirmed the Competent Authority's order forfeiting properties acquired through illegal sources, emphasizing the burden of proof lies on the affected person. (Paras 11, Read more.

Madras - Title and Possession - The court upheld the validity of prior decrees and ruled that a Power of Attorney executed by trustees was invalid, affirming that the plaintiff's claims were barred by lis pendens and suppression of material facts.

(A) Indian Trust Act - Section 47 - Second appeal against dismissal of suit for declaration of title and injunction - Plaintiff claimed ownership through a series of transactions involving a charitable trust - Courts found the Power of Attorney invalid and decrees in prior suits binding - Plaintiff Read more.

Madras - Land Use and Compensation - The court directed the petitioner to seek compensation through the appropriate authority under the Indian Telegraph Act, ensuring landowners receive rightful compensation for damages incurred.

(A) Indian Telegraph Act, 1885 - Sections 16 and 17 - Writ petition seeking removal of electric high transmission tower from agricultural land - Petitioner claims no compensation received for damages caused by installation - Court directs petitioner to submit fresh representation for compensation d Read more.

Telangana - Land Acquisition - The burden of proof lies with claimants to establish a higher market value than that fixed by the Reference Court, which was upheld as reasonable.

(A) Land Acquisition Act, 1894 - Section 54 and Section 18 - Appeal against compensation awarded for acquired land - Claimants sought enhancement of market value from Rs.2,229/- to Rs.5,400/- per square yard - Reference Court dismissed the claim, leading to appeal - Court emphasized that the burden Read more.

Telangana - Land Acquisition - Rights in immovable property are preserved unless formally relinquished through registered documents; a sale deed executed during litigation is valid subject to the case outcome.

(A) Land Acquisition Act, 1894 - Section 74 - Appeal against Reference Court's order disallowing compensation claim for 1/3rd share of property - The Reference Court awarded compensation but denied Claimant No.1's claim based on a sale deed executed by Ramesh Kumari pending litigation - The court e Read more.

Telangana - Building Permission - The petitioners are entitled to seek a review of the rejection of their building permission application under the TS-bPASS Act, despite the land being classified as Poramboke.

(A) Constitution of India - Articles 14, 25, and 300-A - Greater Hyderabad Municipal Corporation Act, 1955 - TS-bPASS Act, 2020 - Petitioners sought building permission for land classified as Poramboke, which was rejected by authorities citing legal grounds - Court held that petitioners have a reme Read more.

Telangana - Land Disputes - The court affirmed that a suit for mandatory injunction can proceed without a prior claim for possession, emphasizing the plaintiffs' established title and continuous possession despite the defendants' claims.

(A) Code of Civil Procedure, 1908 - Section 11 - Second Appeal - The appellants challenged the lower courts' decisions regarding the title and possession of land in Survey No.280, asserting that the plaintiffs lacked a valid title and that the earlier judgment in O.S.No.19 of 1981 operated as res j Read more.

Telangana - Writ Jurisdiction - Disputes regarding property rights must be resolved in a civil court, not through writ petitions under Article 226 of the Constitution.

(A) Constitution of India - Article 226 - Writ of Mandamus - Petition seeking to declare the action of authorities in ignoring representation for correction of revenue records as illegal and arbitrary - The petitioner claims ownership of land based on historical possession and alleges fraudulent mu Read more.

Tripura - Gift Deeds - The court affirmed the validity of a gift deed executed by a minor's grandmother, ruling it was properly attested and accepted by the minor's father as her natural guardian.

(A) Civil Procedure Code, 1908 - Section 96 - Transfer of Property Act, 1882 - Sections 3, 122, and 123 - Evidence Act, 1872 - Section 68 - Appeal against decree for declaration and recovery of possession of land - Respondent-plaintiff, a minor, claimed title through a gift deed executed by her gra Read more.

Bombay - Writ Jurisdiction - The High Court can direct the CBI to investigate cognizable offences without state consent, especially in cases involving significant public interest and international ramifications.

(A) Constitution of India - Article 226 - Writ of mandamus - Public interest litigation - Petitioner, a public rights activist, sought investigation into complaints of economic offences against a corporate entity and its director - Previous complaints forwarded to SEBI without action - Court direct Read more.

Railway Claim Tribunal - Compensation Claims - The burden of proof lies with the claimant to establish the deceased's status as a bona fide passenger, which was not met, leading to the dismissal of the claim.

(A) Railway Claims Tribunal Act, 1987 - Section 16 - Railways Act, 1989 - Sections 123(c)(2) and 2(29) - Claim for compensation due to accidental death from train incident - Applicants failed to prove that the deceased was a bona fide passenger at the time of the incident - The absence of a ticket Read more.

Railway Claim Tribunal - Compensation Claims - The absence of a ticket does not negate a claim for compensation under the Railways Act if the deceased is proven to be a bona fide passenger, emphasizing a liberal interpretation of beneficial statutes.

(A) Railway Claim Tribunal Act, 1987 - Section 16 - Railways Act, 1989 - Sections 124 and 125 - Claim for compensation for death during train journey - Deceased was a bona fide passenger who fell from a crowded train, sustaining fatal injuries - Respondent contested the claim, asserting the decease Read more.

Kerala - Regulatory Compliance - The Real Estate (Regulation and Development) Act does not grant promoters the right to claim compensation from allottees, and such claims must be pursued in civil court.

(A) Real Estate (Regulation and Development) Act, 2016 - Sections 19(6), 19(7), 31, and 79 - Code of Civil Procedure - Section 100 - Promoter's right to claim compensation from Allottees - The Adjudicating Officer held that Complaints for compensation by Promoter against Allottees are not maintaina Read more.

Madras - Succession Certificate - A succession certificate cannot be granted to a petitioner when a legal heir, such as the deceased's wife, is alive, as per Hindu Law.

(A) Indian Succession Act, 1925 - Section 372 - Petition for succession certificate - Petitioner claims entitlement to bank deposits of deceased without acknowledging the existing legal heir, the wife of the deceased - Court finds that since the wife is alive, the petitioner cannot claim to be the Read more.

Bombay - Income Tax - The court affirmed that transactions structured to evade tax, coupled with failure to disclose crucial facts, justify the imposition of penalties under Section 271(1)(c) of the Income Tax Act.

(A) Income Tax Act, 1961 - Section 271(1)(c) - Appeal against penalty imposed for concealment of income - Tribunal confirmed penalty of Rs.33,34,096/- for failure to disclose primary facts regarding withdrawals from capital account - Appellant argued no concealment occurred as all primary facts wer Read more.

Court of Appeal Putrajaya - Income Tax - The irrevocable election under the Income Tax Act allows revisions in loss allocations among group companies based on tax audits, and relief for genuine errors is permissible.

(A) Income Tax Act 1967 - Sections 44A(2), 44A(5), 131(1) - Group Relief - The irrevocable election made by companies within a group regarding the surrender of losses is not confined to the amounts claimed but allows for revisions in the allocation of those amounts among claimant companies based on Read more.

Income Tax Appellate Tribunal - Income Tax Appeals - The court emphasized the necessity of evidentiary support for additions made by the AO and the importance of a fair hearing for assessees in tax appeals.

(A) Income Tax Act, 1961 - Sections 153A and 143(3) - Appeals against orders of the CIT(A) regarding additions made by the AO - The CIT(A) found the additions ill-founded due to lack of evidence and non-application of mind by the AO, leading to deletion of additions. (Paras 3.3.2.2, 4, 5) (B) Genui Read more.

Income Tax Appellate Tribunal - Income Tax - The Supreme Court clarified that activities generating incidental profits for GPU charities must adhere to quantitative limits to qualify for tax exemption under the Income Tax Act.

(A) Income Tax Act, 1961 - Sections 2(15), 11, and 12 - Exemption under section 11 - The CIT(A) allowed exemption for the assessee's activities, holding them as educational and not commercial, thus not falling under the proviso to section 2(15) - The Supreme Court clarified that activities generati Read more.

Income Tax Appellate Tribunal - Income Tax Assessment - Income from Joint Development Agreement is taxable only upon actual sale deed registration, preventing double taxation and ensuring proper application of section 14A.

(A) Income Tax Act, 1961 - Sections 132, 139(1), 143(3), 153C, and 14A - Assessment year 2011-12 - Revenue's appeal against CIT(A) order deleting additions made by AO based on incorrect facts - Tribunal held income from Joint Development Agreement (JDA) taxable only from A.Y. 2012-13, preventing do Read more.

Income Tax Appellate Tribunal - Income Tax - The court ruled that the burden of proof lies with the Revenue to establish the lack of creditworthiness of creditors, and mere non-compliance by creditors does not justify additions under Section 68.

(A) Income Tax Act, 1961 - Section 68 - Appeal against addition of ₹90 lacs as unexplained cash credit - Assessee raised share capital from five parties, two of whom responded to notices issued under Section 133(6) - The CIT(A) dismissed the appeal on grounds of late responses and irrelevant financ Read more.

Income Tax Appellate Tribunal - Income Tax - Payments for alternative accommodation do not constitute rent under section 194-IC of the Income Tax Act, thus no TDS obligation arises.

(A) Income Tax Act, 1961 - Sections 194-IC and 201(1)/201(1A) - Appeals filed by Revenue against CIT(A) order regarding TDS on compensation for alternative accommodation - CIT(A) held payments not liable for TDS under section 194-IC - Revenue's arguments regarding rental compensation and specified Read more.

Income Tax Appellate Tribunal - Income Tax - The court emphasized the importance of procedural compliance in registration applications under the Income Tax Act, allowing rectification opportunities based on amended provisions.

(A) Income Tax Act, 1961 - Sections 12A, 12AB, and 80G - Rejection of registration and approval applications - Delay in filing appeals condoned due to circumstances beyond control of the trust's management - Applications rejected on technical grounds, not merits - Amended provisions now allow regis Read more.

Income Tax Appellate Tribunal - Income Tax Appeal - The Tribunal emphasized the necessity of procedural fairness in tax assessments, mandating adequate opportunity for the assessee to present evidence before the Ld. CIT(A).

(A) Income Tax Act, 1961 - Sections 143(3) and 250 - Appeal against assessment order - The assessee contended that the assessment was made without proper notice and opportunity for explanation, leading to unjustified additions to income. The Ld. CIT(A) dismissed grounds due to lack of compliance. T Read more.

Kerala - Income Tax - Penalty proceedings under the Income Tax Act must be initiated within a reasonable time following the assessment order, and failure to do so renders the proceedings invalid.

(A) Income Tax Act, 1961 - Sections 271B and 275(1)(c) - Penalty for failure to file audit report - Notice issued after four years from assessment order - Court held that penalty proceedings must be initiated within a reasonable time post-assessment, and the notice issued was time-barred. (Paras 2, Read more.

Kerala - Motor Vehicle Tax - The court directed timely consideration of the petitioner's representation for tax exemption, emphasizing the need for a hearing.

(A) Motor Vehicles Act, 1988 - Tax liability - The petitioner, owner of a contract carriage, contended that he is not liable for motor vehicle tax during the period the vehicle was in possession of the financier, and sought a refund for tax paid under protest. (Paras 2, 3) (B) Writ Jurisdiction - T Read more.

Madras - Goods and Services Tax - The court emphasized the necessity of establishing a mental element for imposing penalties under the GST Act and granted the petitioner an opportunity to contest the allegations after setting aside the impugned orders.

(A) Central Goods and Services Tax Act, 2017 - Section 17(5) and Section 74 - Writ petitions challenging orders related to penalty for mismatch in tax returns - Petitioner, a registered dealer, paid disputed taxes but contested the penalty's jurisdiction - Court grants opportunity to present object Read more.

Rajasthan - Income Tax - The court emphasized that differing circumstances in tax cases must be individually assessed, particularly regarding claims for interest on delayed refunds.

(A) Income Tax Act, 1961 - Sections 132-B(4) and 153-D - Petition filed seeking interest on delayed refund and quashing of order by Commissioner of Income Tax - The claim for interest was rejected on grounds that orders by Settlement Commission are not covered by Section 132-B(4) - The cases of pet Read more.

Calcutta - Entry Tax - The Entry Tax Act, 2012 remains valid post-amendment by the West Bengal Finance Act, 2017, and the compensatory tax theory is incompatible with the constitutional framework.

(A) West Bengal Tax on Entry of Goods into Local Areas Act, 2012 - Constitution of India - Articles 246, 304(a), 304(b) - The Act was declared ultra vires by the learned Single Judge, but the State's appeals against this decision were upheld, leading to the conclusion that the Act remains valid pos Read more.

Delhi - Income Tax - The CBDT's imposition of a two-year limitation for refund claims under Circular No. 07/2007 is ultra vires the Income Tax Act, which does not prescribe such a limitation.

(A) Income Tax Act, 1961 - Section 195 - Circular No. 07/2007 - Refund of excess tax deducted at source - The petitioner challenged the rejection of refund applications for FY 2010-11 to 2012-13 on grounds of limitation and merits - The court found the circular imposing a two-year limitation period Read more.

Income Tax Appellate Tribunal - Income Tax - Reopening of assessment under Section 147 requires corroborative evidence; reliance solely on vague information from the Investigation Wing is insufficient.

(A) Income Tax Act, 1961 - Section 147 - Reopening of assessment - The Assessing Officer reopened the assessment based solely on information from the Investigation Wing without sufficient corroborative evidence. The court found that the reopening was unjustified as the information did not establish Read more.

Income Tax Appellate Tribunal - Income Tax - The failure to serve a notice under Section 143(2) within the statutory time limit invalidates the assessment order, as it is a jurisdictional requirement.

(A) Income Tax Act, 1961 - Section 143(2) - Assessment proceedings - The court quashed the assessment order due to the failure to serve notice under Section 143(2) within the statutory time limit, rendering the assessment invalid. The burden of proof shifted to the revenue to demonstrate proper ser Read more.

Income Tax Appellate Tribunal - Income Tax - The Tribunal emphasized the necessity of providing the assessee a fair opportunity to present evidence before imposing penalties under the Income Tax Act, reinforcing principles of natural justice.

(A) Income Tax Act, 1961 - Section 271(1)(c) - Penalty for concealment of income - The assessee's appeal against the penalty of Rs.1,76,400/- was dismissed by the CIT(A) for non-compliance. The Tribunal restored the matter to the AO for a fresh opportunity to explain the penalty imposition. (Paras Read more.

Income Tax Appellate Tribunal - Income Tax - The Tribunal emphasized the necessity for the Ld. CIT(A) to reconsider the case on merits after allowing the assessee to present its evidence regarding cash deposits.

(A) Income Tax Act, 1961 - Section 68 and 115BBE - Appeal against addition of unexplained cash deposits during demonetization period - The Tribunal condoned the delay in filing the appeal and restored the matter to the Ld. CIT(A) for a fresh decision on merits after considering the submissions made Read more.

Income Tax Appellate Tribunal - Income Tax Assessment - The court ruled that the entire sale consideration cannot be treated as unexplained money when the sale was acknowledged, emphasizing the need for a fresh assessment considering merits.

(A) Income Tax Act, 1961 - Sections 69A and 144 - Assessment year 2018-19 - Appeal against assessment order - Assessee, a senior citizen, sold immovable property for Rs. 65 Lakhs but did not file return of income - Notices issued under various sections were not responded to, leading to best judgmen Read more.

Income Tax Appellate Tribunal - Income Tax Appeals - Procedural delays should not prevent the substantive application of law and justice, and authorities must consider the merits of the case.

(A) Income Tax Act, 1961 - Sections 115BAC, 139(4), 143(1), 234A, 234B, 234C - Appeals against orders of the CIT(A) and LAO for assessment years 2022-23 and 2023-24 - The CIT(A) dismissed the appeals on grounds of delay without considering merits - The filing of Form 10-IE was a procedural requirem Read more.

Income Tax Appellate Tribunal - Income Tax - Typographical errors in tax returns can be rectified under Section 154 of the Income Tax Act, ensuring taxpayers are taxed only on their actual income.

(A) Income Tax Act, 1961 - Sections 143(1) and 154 - Appeal against adjustment of income due to typographical error in return - The appellant, a retired school teacher, reported a loss but was assessed with a substantial tax demand based on an erroneous Long-Term Capital Gain figure - The court fou Read more.

Income Tax Appellate Tribunal - Income Tax - An assessment order is invalid if not communicated within the limitation period, and additional grounds can be raised at any appellate stage.

(A) Income Tax Act, 1961 - Sections 143(3), 147, 153, 263, and 271(1) - Limitation for assessment - The assessment order dated 30.12.2015 was served on 05.01.2016, beyond the limitation period, rendering it null and void - The court upheld the assessee's right to raise additional grounds at any app Read more.

Income Tax Appellate Tribunal - Income Tax - Section 68 of the Income Tax Act requires a credit in the books of the assessee for tax liability, and double taxation is impermissible.

(A) Income Tax Act, 1961 - Sections 68 and 153A - Assessment proceedings - The court addressed the validity of assessment orders and the jurisdiction of the assessing officer, emphasizing that double taxation is impermissible and that the provisions of Section 68 require a credit in the books of th Read more.

Income Tax Appellate Tribunal - Income Tax - Approval under section 153D of the Income Tax Act must reflect independent application of mind for each assessment year; mechanical approvals render assessment orders invalid.

(A) Income Tax Act, 1961 - Sections 143(3), 153A, and 153D - Appeal against assessment order - Approval under section 153D was granted in a mechanical manner without application of mind, leading to the quashing of the assessment order. (Paras 9-12) (B) Jurisdiction - The approval under section 153D Read more.

Income Tax Appellate Tribunal - Income Tax - The Tribunal ruled that a structured payment plan for outstanding tax demands is appropriate when considering the balance of convenience and the financial impact on the assessee.

(A) Income Tax Act - Sections related to deductions and appeals - The assessee filed a stay application regarding an outstanding demand of Rs.19,87,03,550/- after declaring total income of Rs.40,76,93,590/- with a claim of depreciation on intangible assets disallowed by the Assessing Officer. (Para Read more.

Income Tax Appellate Tribunal - Income Tax - The Assessing Officer must record dissatisfaction with the taxpayer's claim before applying Rule 8D for disallowance under Section 14A, and appellate authorities must provide reasoned decisions.

(A) Income Tax Act, 1961 - Sections 14A, 40(a)(i), 195, 234A, and 234B - Appeals against the order of the NFAC for assessment years 2017-18 and 2018-19 - The CIT(A) confirmed additions under section 14A and non-deduction of TDS on payments to overseas parties - The Tribunal held that the AO's invoc Read more.

Income Tax Appellate Tribunal - Income Tax - The burden of proof shifts to the Revenue once the assessee provides sufficient evidence of the legitimacy of loans, and mere reliance on third-party statements is insufficient for making additions under Section 68.

(A) Income Tax Act, 1961 - Section 68 - Appeals by Revenue against deletion of additions made as unexplained cash credits - The assessee provided sufficient evidence to prove the identity, creditworthiness, and genuineness of the loans received from various entities, including financial statements Read more.

Income Tax Appellate Tribunal - Income Tax - Section 68 of the Income Tax Act does not apply to share capital issued for consideration other than cash, as no cash credit is established.

(A) Income Tax Act, 1961 - Section 68 - Appeal against deletion of addition of share capital as unexplained credit - Assessee issued shares for consideration other than cash, which does not trigger Section 68 - No cash credit established, hence addition not justified - CIT(A) relied on substantial Read more.

Income Tax Appellate Tribunal - Income Tax - The Tribunal ruled that the genuineness of a Trust's activities must be assessed for registration under the Income Tax Act, not the nature of receipts, emphasizing fair evaluation of evidence.

(A) Income Tax Act, 1961 - Sections 12A(1)(ac)(iii), 12AB(1)(b), 115BBC - Registration of Trust - The Ld. CIT (Exemption) rejected the application for registration citing failure to prove genuineness of activities and compliance with legal requirements. The Tribunal found that the rejection was unj Read more.

Income Tax Appellate Tribunal - Income Tax - Compensation paid to clear title disputes is allowable as a cost of improvement under the Income Tax Act.

(A) Income Tax Act, 1961 - Sections 2(14), 2(47), 48, 115JB - Disallowance of cost of improvement claimed by the assessee for property sold - The compensation paid to clear title disputes constitutes capital expenditure and is allowable as cost of improvement - The CIT(A) erred in dismissing the cl Read more.

Income Tax Appellate Tribunal - Income Tax - The court held that penalties under Section 271(1)(c) cannot be imposed if the Assessee has made complete disclosures and the notice for penalty proceedings is defective.

(A) Income Tax Act, 1961 - Sections 271(1)(c) and 274 - Penalty for furnishing inaccurate particulars of income - The CIT(A) deleted the penalty imposed by the Assessing Officer, stating that the Assessee had made complete disclosure of facts and the penalty was not justified due to a defect in the Read more.

Income Tax Appellate Tribunal - Income Tax - The Tribunal ruled that penalties under section 271(1)(c) are not applicable when losses eligible for set-off against capital gains are ignored, and clarity in penalty grounds is essential.

(A) Income Tax Act, 1961 - Sections 271(1)(c) and 71(2) - Penalty proceedings - The Assessing Officer imposed a penalty for concealment of income based on incorrect short-term capital gains reported by the assessee. The Tribunal found that losses from futures and options were eligible for set-off a Read more.

Income Tax Appellate Tribunal - Income Tax - Payments to foreign entities for advisory services do not constitute royalty or fees for technical services under the Income Tax Act or India-Singapore DTAA, and thus are not taxable in India.

(A) Income Tax Act, 1961 - Sections 195, 9(1)(vi), 9(1)(vii), 201(1), 201(1A) - Appeals against orders of Ld. CIT(A) regarding non-deduction of tax on payments to foreign entity for advisory services - The Ld. CIT(A) held that payments were not liable to tax in India as they did not constitute roya Read more.

Jharkhand - Goods and Services Tax - Transition of Cenvat credit under GST cannot be denied based on prior law; jurisdiction must be properly established under relevant provisions.

(A) Jharkhand Goods and Services Tax Act, 2017 - Sections 73, 140, and 174 - Writ application challenging the impugned order denying carry forward of input tax credit - The court quashed the adjudication order for lack of jurisdiction, affirming that transition of inadmissible Cenvat credit under G Read more.

Railway Claim Tribunal - Railway Claims - The railway administration is liable for compensation under Section 124-A of the Railways Act for untoward incidents, unless exceptions apply, as established in this case.

(A) Railway Claims Tribunal Act, 1987 - Section 16 - Railways Act, 1989 - Sections 123(c)(2) and 124-A - Claim for compensation due to untoward incident resulting in death - The deceased fell while boarding a moving train and succumbed to injuries - The applicants established their status as depend Read more.

Railway Claim Tribunal - Railway Claims - The absence of a ticket does not negate a passenger's claim for compensation under the Railways Act if evidence supports their status as a bonafide passenger.

(A) Railway Claims Tribunal Act, 1987 - Section 16 - Railways Act, 1989 - Sections 123(c)(2) and 124-A - Claim for compensation due to injuries sustained in an untoward incident - The injured was a bonafide passenger despite the absence of a ticket at the time of the incident - The incident was cla Read more.

Railway Claim Tribunal - Railway Claims - The railway administration is strictly liable to compensate for untoward incidents unless the passenger's actions fall under specific exceptions, which was not established in this case.

(A) Railway Claims Tribunal Act, 1987 - Section 16 - Railways Act, 1989 - Sections 123(c)(2) and 124-A - Claim for compensation due to untoward incident resulting in death - The deceased was a bona-fide passenger who fell from the train and died - The railway administration's liability is establish Read more.

Railway Claim Tribunal - Railway Claims - Injuries sustained while boarding or deboarding a train are classified as 'untoward incidents' under the Railways Act, entitling victims to compensation regardless of negligence.

(A) Railway Claim Tribunal Act, 1987 - Section 16 - Railways Act, 1989 - Sections 124 and 125 - Claim for compensation for injuries sustained during train journey - Applicant was a bona fide passenger with valid ticket - Incident occurred due to sudden jerk while deboarding, resulting in serious in Read more.

Railway Claim Tribunal - Railway Claims - The railway administration is strictly liable to compensate for untoward incidents resulting in passenger death unless proven otherwise under exceptions in the Railways Act.

(A) Railway Claims Tribunal Act, 1987 - Section 16 - Railways Act, 1989 - Sections 123(c)(2) and 124-A - Claim for compensation due to untoward incident resulting in death - Deceased was a bona fide passenger with a valid ticket - The incident of falling from the train was deemed an untoward incide Read more.

Railway Claim Tribunal - Railway Claims - The court established that a passenger's accidental fall from a train constitutes an 'untoward incident' under the Railways Act, obligating the railway to pay compensation unless specific exceptions apply.

(A) Railway Claims Tribunal Act, 1987 - Section 16 - Railways Act, 1989 - Sections 123(c)(2) and 124-A - Claim for compensation due to death of passenger in untoward incident - Deceased was bona-fide passenger with valid ticket - Death occurred due to accidental fall from train - Railway's liabilit Read more.

Kerala - Criminal Writ Petition - The classification of writ petitions under Article 226 depends on the nature of the relief sought; if it may lead to criminal prosecution, it should be treated as a criminal writ petition.

(A) Constitution of India - Articles 226 and 227 - Writ Petition (Civil) vs. Writ Petition (Criminal) - The distinction between civil and criminal writ petitions is based on the nature of the relief sought and the potential consequences of the proceedings. The court emphasized that if a writ petiti Read more.

Current Civil Cases - - It is not permissible to register a marriage solemnized outside India between an Indian citizen and a foreign national under Special Marriage Act.

Special Marriage Act, 1954 – Section 2 – Foreign Marriage Act, 1969 – Sections 17, 23, and 24 – Is it permissible to register a marriage solemnized outside India between an Indian citizen and a foreign national under Special Marriage Act – Marriage between parties, of whom at least one is a citizen Read more.

Gauhati - - The court affirmed the Tribunal's compensation award while clarifying that claimants are not entitled to interest on loss of future prospects, emphasizing the insurer's limited contestation rights under the Motor Vehicles Act.

(A) Motor Vehicles Act, 1988 - Sections 149(2) and 170 - Appeal against judgment and award of Motor Accident Claims Tribunal - Claimants awarded compensation of Rs. 36,98,800/- for accidental death of son - Appellant contested on grounds of jurisdiction, lack of evidence for negligence, and income Read more.

Gauhati - - Proceedings manifestly attended with mala fide or instituted with ulterior motives can be quashed under Section 482 of the Code of Criminal Procedure.

(A) Code of Criminal Procedure, 1973 - Section 482 - Indian Penal Code - Section 447 - Prevention of Damage to Public Property Act, 1984 - Quashing of Charge-sheet - The petitioner sought to quash the Charge-sheet for alleged damage to public property and wrongful restraint, claiming it was filed o Read more.

Gauhati - - The principles of natural justice require that parties be given an opportunity to be heard before any order affecting their rights is made.

(A) Civil Procedure Code, 1908 - Principles of natural justice - Heirship Certificate - The appellant challenged the issuance of Heirship Certificate No. 281/2022, arguing lack of notice and opportunity to be heard - The respondent claimed the certificate pertained to a different property than the Read more.

Gauhati - - Cognizance of an offence under Section 211 IPC requires a written complaint as per Section 340 Cr.P.C., and failure to comply renders the proceedings invalid.

(A) Code of Criminal Procedure, 1973 - Sections 340 and 211 - Quashing of proceedings - The petitioner sought to quash proceedings under Section 211 IPC, alleging a false FIR was filed due to a family dispute - The court found that the magistrate's order did not constitute a written complaint as re Read more.

Gauhati - - The Deputy Commissioner's decision regarding VDB member selection must be reasonable and based on evidence of majority support from clans.

(A) Constitution of India - Article 226 - Challenge to the order of Deputy Commissioner regarding selection of Village Development Board members - The petitioners claimed majority support from their clans, while the private respondents were allegedly favored by the Chairman of the Village Council - Read more.

Gauhati - - The court upheld the validity of permissions granted based on road width measurements, affirming the FAR of 275 for Protech Housing under applicable building bye-laws.

(A) Guwahati Building Construction (Regulation) Byelaws, 2014 and 2020 - FAR determination based on road width - The court examined the legality of permissions granted to Protech Housing for FAR of 275, asserting that the road width was miscalculated at 8.35 meters instead of the permissible 8 mete Read more.

Gauhati - - The issuance of a show cause notice under the PMLA does not violate the right against self-incrimination under Article 20(3) of the Constitution.

(A) Prevention of Money Laundering Act, 2002 - Sections 5(1), 8(1), 8(2) - Writ petition challenging show cause notice issued under Section 8 of PMLA, 2002 - Petitioner alleged violation of rights under Article 20(3) of the Constitution - Court held that issuance of show cause notice does not viola Read more.

Gauhati - - Termination of contractual employment must adhere to principles of natural justice, especially when allegations of misconduct are involved.

(A) Contract Law - Principles of Natural Justice - Termination of service without show cause notice - The petitioner, a Laboratory Technician, was terminated without due process following allegations of misconduct, which the court found to be stigmatic - The court emphasized the necessity of adheri Read more.

Gauhati - - The court emphasized a liberal approach to condonation of delay in appeals, especially when the delay is short and sufficient cause is shown.

(A) Limitation Act, 1963 - Section 5 - Family Courts Act, 1984 - Section 19(3) - Condonation of delay - Application filed for condonation of 21 days delay in filing appeal against Family Court judgment - Delay explained as due to collection of certified copy from Meghalaya - Court emphasized that d Read more.

Gauhati - - Temporary appointments without sanction cannot be regularized, but differently-abled individuals must be considered for future employment opportunities.

(A) Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 - The appellant, having served for nearly 25 years in a temporary capacity, sought regularization of his post as an Art Teacher, which was denied due to the non-sanctioned nature of the post. Read more.

Gauhati - - Compassionate appointments are not vested rights and must be considered promptly to address immediate financial crises; significant delays undermine this purpose.

(A) Constitution of India - Article 226 - Compassionate appointment - Petition for appointment on compassionate grounds rejected due to lack of vacancy and significant delay since the death of the petitioner's father - The Supreme Court's principles on compassionate appointments emphasize that it i Read more.

Kerala - - The court ruled that marriages solemnized outside India involving an Indian citizen must be registered under the Foreign Marriage Act, not the Special Marriage Act.

(A) Special Marriage Act, 1954 - Foreign Marriage Act, 1969 - Registration of marriage solemnized outside India - Petitioners, an Indian citizen and an Indonesian citizen, sought registration of their marriage under the Special Marriage Act after solemnization in Indonesia - The court held that the Read more.

Kerala - - The court held that delays in executing detention orders are not fatal if justified by circumstances, emphasizing compliance with statutory requirements under the Kerala Anti-Social Activities (Prevention) Act.

(A) Kerala Anti-Social Activities (Prevention) Act, 2007 - Section 3(1) and 3(3) - Writ of habeas corpus - Detention order executed after a delay of 23 days - Court held that the delay was not fatal as the detenu was in judicial custody in another case - Compliance with statutory requirements was e Read more.

Kerala - - Prolonged trial delays caused by prosecution can justify bail, overriding statutory restrictions under Section 37 of the NDPS Act, in light of the right to personal liberty under Article 21.

(A) Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 8(c), 22(c), 29, and 37 - Bail application - The petitioner, accused of arranging accommodation for the 1st accused in a drug case, argued insufficient evidence for connection to the crime. The court noted the prosecution's failure Read more.

Kerala - - The court upheld the applicability of POCSO Act offences while quashing charges under the JJ Act, affirming that the police could investigate without a Magistrate's order.

(A) Protection of Children from Sexual Offences Act, 2012 - Sections 23(1), 23(3), 23(4) - Juvenile Justice (Care and Protection of Children) Act, 2015 - Section 74 - Quashing of proceedings - Accused sought to quash final report alleging offences under POCSO and JJ Acts - Court held that prima fac Read more.

Supreme Court - - (1) Regularisation – Indian labour law strongly disfavours perpetual daily-wage or contractual engagements in circumstances where work is permanent in nature – Morally and legally, workers who fulfil ongoing municipal requirements year after year cannot be dismissed summarily as dispensable, particularly in absence of a genuine contractor agreement – Bureaucratic limitations cannot trump legitimate rights of workmen who have served continuously in de facto regular roles for an extended period.
(2) Uma Devi [Secretary, State of Karnataka vs. Umadevi, (2006) 4 SCC 1] cannot serve as a shield to justify exploitative engagements persisting for years without Employer undertaking legitimate recruitment.

(A) Labour and Industrial Law – Regularisation – While Appellant Workmen were pressing for regularization and proper wages through pending conciliation proceedings, Respondent Employer proceeded to discontinue their services, without issuing prior notice or granting retrenchment compensation – Any Read more.

Supreme Court - - Summoning of accused in a criminal case is a serious matter – Order of Magistrate summoning accused must reflect that he has applied his mind to facts of the case and law applicable thereto – Magistrate is not a silent spectator at the time of recording of preliminary evidence before summoning accused.

Drugs and Cosmetics Act, 1940 – Sections 18(a)(vi) and 27 – Drugs and Cosmetics Rules, 1945 – Rule 65 – Criminal Procedure Code, 1973 – Section 482 [Bharatiya Nagarik Suraksha Sanhita, 2023 – Section 528] – Unauthorised sale of drugs – Summoning order – For constituting an offence, what is necessar Read more.

Supreme Court - - Murder of unintended person – Doctrine of transfer of malice – If killing takes place in course of doing an act which a person intends or knows to be likely to cause death, it must be treated as if real intention of killer had been actually carried out.

(A) Indian Penal Code, 1860 – Section 301 [Bharatiya Nyaya Sanhita, 2023 – Section 101] – Murder of unintended person – Doctrine of transfer of malice – Culpable homicide may be committed by causing death of a person whom offender neither intended nor knew himself to be likely to kill – If killing Read more.