1. State of Punjab VS Davinder Pal Singh Bhullar - 07 Dec 11

(1) Judicial bias ¯ The allegations of judicial bias are required to be scrutinised taking into consideration the factual matrix of the case in hand ¯ The court must bear in mind that a mere ground of appearance of bias and not actual bias is enough to vitiate the judgment/order ¯ Actual proof of prejudice in such a case may make the case of the party concerned stronger, but such a proof is not required ¯ In fact, what is relevant is the reasonableness of the apprehension in that regard in the mind of the party ¯ However, where such an apprehension exists, the trial/judgment/order etc. is vitiated for want of impartiality. Such judgment/order is a nullity and the trial “coram non-judice”. (Para 20) (2) Indian Evidence Act, 1872 ¯ Section 115 ¯ Waiver is an intentional relinquishment of a right ¯ It involves conscious abandonment of an existing legal right, advantage, benefit, claim or privilege, which except for such a waiver, a party could have enjoyed. In fact, it is an agreement not to assert a right ¯ There can be no waiver unless the person who is said to have waived, is fully informed as to his rights and with full knowledge about the same, he intentionally abandons them. (Para 23) (3) Criminal Procedure Code, 1973, Section 156 ¯ When CBI inquiry can be ordered ¯ A constitutional court can direct the CBI to investigate into the case provided the court after examining the allegations in the complaint reaches a conclusion that the complainant could make out prima facie, a case against the accused ¯ However, the person against whom the investigation is sought, is to be impleaded as a party and must be given a reasonable opportunity of being heard ¯ CBI cannot be directed to have a roving inquiry as to whether a person was involved in the alleged unlawful activities ¯ The court can direct CBI investigation only in exceptional circumstances where the court is of the view that the accusation is against a person who by virtue of his post could influence the investigation and it may prejudice the cause of the complainant, and it is necessary so to do in order to do complete justice and make the investigation credible. (Para 48) (4) Criminal Procedure Code, 1973, Section 362 ¯ Review/Alter judgment ¯ The criminal justice delivery system does not clothe the court to add or delete any words, except to correct the clerical or arithmetical error as specifically been provided under the statute itself after pronouncement of the judgment as the Judge becomes functus officio ¯ Any mistake or glaring omission is left to be corrected only by the appropriate forum in accordance with law. (Para 30) (5) Criminal Procedure Code, 1973 ¯ Section 482 ¯ The inherent power under Section 482 Cr.P.C. is intended to prevent the abuse of the process of the Court and to secure the ends of justice ¯ Such power cannot be exercised to do something which is expressly barred under the Cr.P.C. ¯ If any consideration of the facts by way of review is not permissible under the Cr.P.C. , and is expressly barred, it is not for the Court to exercise its inherent power to reconsider the matter and record a conflicting decision ¯ In case, the High Court in exercise of its inherent powers, issues directions contravening the statutory provisions laying down the procedure of investigation, it would be unwarranted in law. (Paras 31, 38) (6) Constitution of India, Art 226 ¯ Investigation ¯ The High Court can always issue appropriate direction in exercise of its power under Article 226 of the Constitution at the behest of an aggrieved person, if the court is convinced that the power of investigation has been exercised by an Investigating Officer malafide or the matter is not investigated at all ¯ Even in such a case, the High Court cannot direct the police as to how the investigation is to be conducted but can insist only for the observance of process as provided for in the Cr.P.C. (Para 34) (7) Constitution of India, Art 226 ¯ Second Writ of Habeas Corpus ¯ Res judicata ¯ A second writ petition for issuing a writ of habeas corpus is barred by principles of res judicata. (Para 62) (8) Jurisdiction of the Bench ¯ No Judge or a Bench of Judges assumes jurisdiction unless the case is allotted to him or them under the orders of the Chief Justice ¯ The Bench gets jurisdiction from the assignment made by the Chief Justice and the Judge cannot choose as which matter he should entertain and he cannot entertain a petition in respect of which jurisdiction has not been assigned to him by the Chief Justice as the order passed by the court may be without jurisdiction and made the Judge coram non-judice. (Paras 42, 43)

(Para 20) ... (c) Indian Evidence Act, 1872 ¯ Section ... 302, 307, 323, 437 and 120 IPC and Sections 3 and 4 of Explosive Substance Act, 1908, investigating agency after investigation filed ... Justice X ¯ There could be no justification for the Bench concerned to entertain applications filed under Section AIR 1982 SC 53).

India - Supreme Court

2. State of Punjab VS Davinder Pal Singh Bhullar - 07 Dec 11

(1) Judicial bias – The allegations of judicial bias are required to be scrutinised taking into consideration the factual matrix of the case in hand – The court must bear in mind that a mere ground of appearance of bias and not actual bias is enough to vitiate the judgment/order – Actual proof of prejudice in such a case may make the case of the party concerned stronger, but such a proof is not required – In fact, what is relevant is the reasonableness of the apprehension in that regard in the mind of the party – However, where such an apprehension exists, the trial/judgment/order etc. is vitiated for want of impartiality. Such judgment/order is a nullity and the trial “coram non-judice”. (Para 20) (2) Indian Evidence Act, 1872 – Section 115 – Waiver is an intentional relinquishment of a right – It involves conscious abandonment of an existing legal right, advantage, benefit, claim or privilege, which except for such a waiver, a party could have enjoyed. In fact, it is an agreement not to assert a right – There can be no waiver unless the person who is said to have waived, is fully informed as to his rights and with full knowledge about the same, he intentionally abandons them. (Para 23) (3) Criminal Procedure Code, 1973, Section 156 – When CBI inquiry can be ordered – A constitutional court can direct the CBI to investigate into the case provided the court after examining the allegations in the complaint reaches a conclusion that the complainant could make out prima facie, a case against the accused – However, the person against whom the investigation is sought, is to be impleaded as a party and must be given a reasonable opportunity of being heard – CBI cannot be directed to have a roving inquiry as to whether a person was involved in the alleged unlawful activities – The court can direct CBI investigation only in exceptional circumstances where the court is of the view that the accusation is against a person who by virtue of his post could influence the investigation and it may prejudice the cause of the complainant, and it is necessary so to do in order to do complete justice and make the investigation credible. (Para 48) (4) Criminal Procedure Code, 1973, Section 362 – Review/Alter judgment – The criminal justice delivery system does not clothe the court to add or delete any words, except to correct the clerical or arithmetical error as specifically been provided under the statute itself after pronouncement of the judgment as the Judge becomes functus officio – Any mistake or glaring omission is left to be corrected only by the appropriate forum in accordance with law. (Para 30) (5) Criminal Procedure Code, 1973 – Section 482 – The inherent power under Section 482 Cr.P.C. is intended to prevent the abuse of the process of the Court and to secure the ends of justice – Such power cannot be exercised to do something which is expressly barred under the Cr.P.C. – If any consideration of the facts by way of review is not permissible under the Cr.P.C. , and is expressly barred, it is not for the Court to exercise its inherent power to reconsider the matter and record a conflicting decision – In case, the High Court in exercise of its inherent powers, issues directions contravening the statutory provisions laying down the procedure of investigation, it would be unwarranted in law. (Paras 31, 38) (6) Constitution of India, Art 226 – Investigation – The High Court can always issue appropriate direction in exercise of its power under Article 226 of the Constitution at the behest of an aggrieved person, if the court is convinced that the power of investigation has been exercised by an Investigating Officer malafide or the matter is not investigated at all – Even in such a case, the High Court cannot direct the police as to how the investigation is to be conducted but can insist only for the observance of process as provided for in the Cr.P.C. (Para 34) (7) Constitution of India, Art 226 – Second Writ of Habeas Corpus – Res judicata – A second writ petition for issuing a writ of habeas corpus is barred by principles of res judicata. (Para 62) (8) Jurisdiction of the Bench – No Judge or a Bench of Judges assumes jurisdiction unless the case is allotted to him or them under the orders of the Chief Justice – The Bench gets jurisdiction from the assignment made by the Chief Justice and the Judge cannot choose as which matter he should entertain and he cannot entertain a petition in respect of which jurisdiction has not been assigned to him by the Chief Justice as the order passed by the court may be without jurisdiction and made the Judge coram non-judice. (Paras 42, 43)

(Para 20) ... (c) Indian Evidence Act, 1872 – Section 115 – Waiver is ... (a) Indian Penal Code, 1860 – Sections 302, 307, 323, 437 and 120 and Explosive Substance Act, 1908, Sections 3 and 4– In case registered ... 302, 307, 323, 437 and 120 IPC and Sections 3 and 4 of Explosive Substance Act, 1908, investigating agency after investigation filed ... Union of India & Ors.,79 AIR 1982 SC 53). ... which are there to use the inherent powers under Section 151 CPC are applicable in exercise of powers under Section 482 Cr.P.C. ... . closely resemble Section 151 of Code of Civil Procedure, 1908, (hereinafter called the ‘CPC’), and, therefore, the restrictions

India - Crimes

3. Pasl Wind Solutions Private Limited VS Ge Power Conversion India Private Limited - 20 Apr 21

(1) Enforcement of Foreign Arbitral Award – Nothing stands in way of party autonomy in designating a seat of arbitration outside India even when both parties happen to be Indian nationals. (2) Freedom of contract needs to be balanced with clear and undeniable harm to public, even if facts of a particular case do not fall within crystallised principles enumerated in well-established ‘heads’ of public policy.(3) If is found that two Indian nationals have circumvented a law which pertains to fundamental policy of India, such foreign award may then not be enforced under Section 48(2)(b) of Arbitration Act.(4) There is no clash at all between Section 10 of Commercial Courts Act and explanation to Section 47 of Arbitration Act.(5) There can be more than one ratio decidendi to a Judgment.

– Section 28(1)(a) of Arbitration Act makes no reference to an arbitration being conducted between two Indian parties in a country ... at all between Section 10 of Commercial Courts Act and explanation to Section 47 of Arbitration Act, as an arbitration resulting ... (Para 14)(B) Arbitration and Conciliation Act, 1996 – Section 44 – Contract Act, 1872 – Sections 23 and 28 ... in the CPC and the Indian Evidence Act, 1872 shall have the same meanings respectively assigned to them in that Code and the Act ... ; Section 49 to Section 6(1) and Section 50 to Section 6(2). ... of arbitration outside India as doing so would be contrary to section 23 of the Indian Contract Act, 1872 [“Contract Act”] read

India - Supreme Court

4. State of U. P. VS Mahfooz Ansari - 12 Sep 22

Admissibility of electronic evidence – There is a complete procedure envisaged under Section 65-B(4) of Indian Evidence Act wherein production of certificate has been held to be mandatory with certain exceptions.

(Paras 15, 16, 67, 72, 77, 89, 92 and 103)(B) Indian Evidence Act, 1872 – Section 65-B(4) – Admissibility ... envisaged under Section 65-B(4) of Evidence Act wherein production of certificate has been held to be mandatory with certain exceptions ... Code, 1973 – Section 378(3) – Kidnapping, wrongful restraint and murder – Screening of evidence – Common object – Appeal against ... However, there is a complete procedure envisaged under Section 65-B(4) of the Indian Evidence ... Section 65-B(4) of the Evidence Act clearly states that secondary evidence is admissible ... Act, CPC or CrPC.

India - Crimes

5. ENGINEERING ANALYSIS CENTRE OF EXCELLENCE PRIVATE LIMITED VS COMMISSIONER OF INCOME TAX - 02 Mar 21

(1) No copyright exists in India outside provisions of Copyright Act or any other special law for time being in force.(2) Ownership of copyright in a work is different from ownership of physical material in which copyrighted work may happen to be embodied.(3) TDS – Amounts paid by resident Indian end-users/distributors to non-resident computer software manufacturers/suppliers, as consideration for resale/use of computer software through EULAs/distribution agreements, is not payment of royalty for use of copyright in computer software and same does not give rise to any income taxable in India, as a result of which persons referred to in Section 195 of Income Tax Act were not liable to deduct any TDS under Section 195 of Income Tax Act.

category of cases deals with resident Indian companies that act as distributors or resellers, by purchasing computer software from ... , as a result of which persons referred to in Section 195 of Income Tax Act were not liable to deduct any TDS under Section 195 of ... 14 of Copyright Act, or create any interest in any such rights so as to attract Section 30 of Copyright Act – Right to reproduce ... by way of electronic record under section 65B of the Evidence Act, 1872 and held that having taken all possible steps to obtain ... Act, CPC or CrPC. ... Income Tax Act, residence in India, as defined by section 6, is necessary in most cases.

India - Supreme Court

6. INSPECTOR GENERAL OF REGISTRATION, TAMIL NADU VS K. BASKARAN - 15 Jun 20

(1) While entertaining an appeal, if an obvious illegality is noticed by revisional authority, it can certainly exercise suo motu power to undo the mistake, or rectify an error committed by subordinate officer or authority, subject to such restrictions as are imposed on exercise of power by Statute.(2) Unless statute expressly or even by necessary implication restricts exercise of power, there would be no occasion to read into the power, any other limitations.(3) There is nothing in scheme of Indian Stamp Act, 1899 which purports to restrict exercise of suo motu power under Section 47-A, and confines it to cases where knowledge of any illegality or infirmity in proceedings undertaken by subordinate officers must be gathered from sources other than through a pending appeal.

(A) Indian Stamp Act, 1899 – Section 47A – Tamil Nadu Stamp ... (Paras 17, 25 and 26)(B) Indian Stamp Act, 1899 – Section 47A ... (6) of Section 47-A, period for preferring appeal had not expired, or that more than five years had expired after passing of order ... said rules and in excess of powers conferred under Section 47-A(5) of the Indian Stamp Act. ... As per Section 47-A(5) of the Indian Stamp Act, the first respondent shall only scrutinize the correctness of the order passed by ... to act under Section 22-A in respect of the order under Section 12(3) to pass an order under Section 18-A either as a part of the

India - Supreme Court

7. In Re : Ramlila Maidan Incident Dt. 4/5. 06. 2011 VS Home Secretary, Union Of India - 23 Feb 12

VERY 1.The provisions of Section 144 Cr.P.C. empowering the authorities to pass orders to tend to or to prevent the disturbances of public tranquility is not ultra vires the Constitution. 2. Provisions of Section 144 Cr.P.C. cannot be resorted to merely on imaginary or likely possibility or likelihood or tendency of a threat. It has not to be a mere tentative perception of threat but a definite and substantiated one. 3.The executive power, to cause a restriction on a constitutional right within the scope of Section 144 Cr.P.C., has to be used sparingly and very cautiously.4.Order under Section 144 Cr.P.C. affects the right vested in a person and it is not unreasonable to expect the authorities to grant adequate time to implement such orders, wherever the circumstances so permit. Enforcement of the order in undue haste may sometimes cause a greater damage than the good that it expected to achieve. 5.Wherever the State proposes to impose a restriction on the exercise of the fundamental rights, such restriction has to be reasonable and free from arbitrariness. 6. Once an order under Section 144 Cr.P.C. is passed, it is expected of all concerned to implement said order unless it has been rescinded or modified by a forum of competent jurisdiction. Important Points-1. Reasonable restriction contemplated under the Indian Constitution brings the matter in the domain of the court as the question of reasonableness is a question primarily for the Court to decide.2. The fundamental right enshrined in the Constitution itself being made subject to reasonable restrictions, the laws so enacted to specify certain restrictions on the right to freedom of speech and expression have to be construed meaningfully and with the constitutional object in mind.3.There cannot be any liberty absolute in nature and uncontrolled in operation so as to confer a right wholly free from any restraint.4. Law itself has to be reasonable and furthermore, the action under that law has to be in accordance with the law so established. Non-observance of either of this can vitiate the action, but if the former is invalid, the latter cannot withstand.5. Whenever and wherever any restriction is imposed upon the right to freedom of speech and expression, it must be within the framework of the prescribed law, as subscribed by Article 19(2) of the Constitution.

and Right to assemble peacefully and without arms -Whether State has power to impose reasonable restrictions on said rights-Held Indian ... Evidence on record showed that some of police officers/personnel were very cooperative with the members of assembly and helped them ... , Standing orders and had fallen stray in their uncontrolled zeal of forcibly evicting innocent public from the Ramlila Maidan- Evidence ... There is no general proposition that an order under Section 144, Criminal Procedure Code cannot be passed without taking evidence ... under sub-section(1)(a) of Section 17 of the DP Act. ... The difference being accentuated by the provisions of the Indian Constitution for preventive detention which have no 6 counterpart

India - Supreme Court

8. Anjana Biswas @ Anjana Sarkar, W/o. Ratan Sarkar VS Union of India, Represented by the Secretary to the Government of India - 28 Sep 22

Point of Law – Indian Citizenship – State owes an obligation to see that such persons and their descendants who had fled from the then East Pakistan because of religious persecution are not treated as the foreigners for technical and unreasonable grounds which we have found to be so in the present case.

There is evidence also to show that petitioner’s mother is also an Indian - It necessary to issue any direction to the authorities ... citizen and as a consequence, the petitioner also would be an Indian citizen being the daughter of an Indian citizen - There is ... inference cannot be drawn – Merely because an illiterate person could not tell his date of birth as per Gregorian Calendar, his evidence ... 165 of Indian Evidence Act, 1872. ... 165 of the Indian Evidence Act, 1872. ... If the Tribunal had invoked Section 165 of the Indian Evidence Act, 1872, to ensure just

India - Gauhati

9. Kasivisweswara Swami Temple, Rep. by the Executive Officer VS Syed Peeru Saheb S/o Syed Gafoor - 29 Nov 21

Point of law: Considerations in terms of Section 100 CPC arise only when there is substantial question of law and not mere such questions of law or one based on facts. The learned counsel for the respondents 1 to 7 is right in placing reliance on these rulings. However, it has to be borne in mind that in case of misapplication of law and improper appreciation of evidence on record, particularly the documentary evidence, it is the bounden duty of the High Court sitting in second appeal to consider such questions which are substantial in nature in terms of law. Similar situation is found in the present case where the learned appellate Judge miserably failed to appreciate the documentary evidence let in on behalf of the parties properly. There is complete misapplication and improper appreciation of fact vis-a-vis the law. These circumstances are sufficient for this Court to interfere in terms of Section 100 CPC.

Financial Institutions Act, 1993 – Section 31 - Indian Evidence Act – Section110 – Land – Property - Defendant in O.S. on the file ... Civil Procedure Code,1908 – Section 100 - A.P. ... Charitable and Hindu Religious Institutions and Endowments Act, 1987 - Section 151,87 and 167 - Recovery of Debts Due to Banks and ... 110 of the Indian Evidence Act. ... 110 of the Indian Evidence Act is not effectively discharged and to hold that the appellant was not the owner of the suit land. ... Indian Institute of Economics, Hyderabad and others, 2011(6) ALD 174 (DB).

India - Andhra

10. GARWARE WALL ROPES LTD. VS COASTAL MARINE CONSTRUCTIONS & ENGINEERING LTD - 10 Apr 19

(1) Indian Stamp Act applies to agreement or conveyance as a whole – It is not possible to bifurcate arbitration clause contained in such agreement or conveyance so as to give it an independent existence.(2) Arbitration clause that is contained in the sub-contract would not exist as a matter of law until sub-contract is duly stamped.(3) Doctrine of harmonious construction of statutes is strongly imbedded in our interpretative canon.

of Indian Stamp Act,1899) – Contract Act, 1872 – Section of Indian Stamp Act, 1899) – Appointment of Arbitrator – Dispute relating to sub-contract ... if a document were to be impounded at the stage of a Section 11(6) application. ... Stamp Act were to be decided at the Section 11 stage. ... Stamp Act, 1899 [“Indian Stamp Act”] require the Judge hearing the Section 11 application to impound the agreement and ensure that

India - Supreme Court