Civil Law — Suit for Permanent Injunction — unregistered agreement to sell — Unregistered Document/Agreement to sell is not admissible as evidence in Permanent Injunction Suit

Environment (Protection) Act, 1986 — Environment Clearance (EC) — Ex post facto — Ex post facto EC should not ordinarily be granted, but in exceptional circumstances taking into account all relevant environmental factors —At the same time ex post facto clearances and/or approvals cannot be declined with pedantic rigidity, regardless of the consequences of stopping the operation — Appeal Dismissed.

Constitutional Validity of -- Haryana Sikh Gurudwara (Management) Act 2014 – Objections To Maintainability -- State Legislature lacked the power to create a body for Gurudwara management as such power was reserved with the Parliament -- The objection about maintainability of the writ petitions is not sustainable -- The same is declined -- Both the writ petitions under Article 32 for the alleged violation of their fundamental rights are required to be considered on merits".

Constitutional Validity of -- Delhi Land Reforms Act, 1954 -- Section 50(a) – No challenge to the 1954 Act as the said legislation is included in the Ninth Schedule of the Constitution.

Constitution of India, 1950 -- Article 254 -- Question of repugnancy -- Parliament and the State legislature have made law with respect to any one of the matters enumerated in the Concurrent list -- Legislation -- Amendment - All amendments are deemed to apply prospectively unless expressly specified to apply retrospectively or intended to have been done so by the legislature.

Criminal Law – Indian Penal Code – Section 302 & 34 – Conviction – Circumstantial evidence -- Prosecution failed to prove the guilt and complete chain of events -- Trial Court as well as the High Court have committed a very serious error in convicting the appellants -- Original accused for the offence punishable under Section 302/34 IPC are hereby quashed and set aside -- Accused are acquitted for the offence for which they are convicted -- Appellants accused be released forthwith, if not required in any other case.

Constitution of India – Article 32 – PIL -- Serious violations and abuse of children who are forcefully slacken in circuses -- Court passed an interim direction that when any case regarding missing children is being reported in police station, the same should be reduced into a First Information Report (FIR) and suitable steps should be taken to ensure that follow up investigations takes place immediately.

Educational Law -- Constitution of India, 1950; Article 19(1)(g) – Educational Institutions -- The right to establish an educational institution is a fundamental right under Section 19(1)(g) of the Constitution of India and reasonable restrictions on such right can only be imposed by law and not by executive order.. [Paras 54 & 55]

Fundamental rights — Cannot be restricted through executive instructions — Citizen cannot be deprived of the said right except in accordance with law — The requirement of law for the purpose of clause (6) of Article 19 of the Constitution can by no stretch of imagination be achieved by issuing a circular or a policy decision in terms of Article 162 of the Constitution or otherwise [Para 43]

Exhumation -- India has no legislation relating to exhumation except Section 176(3) of the CrPC -- Even a dead person has the right of treatment to his body with respect and dignity which he would have deserved had he been alive, subject to his tradition, culture and religion which he professed -- The Union of India may consider enacting an appropriate legislation on exhumation so as to tackle the situations like the one on hand.

Insolvency and Bankruptcy Code, 2016 -- Section 62 -- Delay in filing a claim cannot be the sole ground for rejecting the claim.

Insolvency and Bankruptcy Code, 2016, Sections 7, 62 - Corporate Insolvency -- Indubitably, a right or cause of action would enure to the lender (financial creditor) to proceed against the principal borrower, as well as the guarantor in equal measure

Service Law — Compassionate Appointment — shall always be treated as an exception to the normal method of recruitment — The appointment on compassionate grounds is not automatic and shall be subject to the strict scrutiny of various parameters including the financial position of the family, the economic dependence of the family upon the deceased employee and the avocation of the other members of the family — No one can claim to have a vested right for appointment on compassionate grounds.(Para 8)

Code of Civil Procedure, 1908 ; Order 21 Rule 90(3) -- Auction Sale -- Twin conditions of material irregularity of fraud and substantial injury has to be satisfied before an auction sale can be set aside under Order 21 Rule 90(3) -- No sale could be set aside unless the Court is satisfied that the applicant has sustained substantial injury by reason of irregularity or fraud in completing or conducting the sale. (Para 11, 38)

Indian Penal Code, 1860 ; Section 302 - if an accused is convicted for the offence punishable under Section 302 IPC. Any punishment less than the imprisonment for life for the offence punishable under Section 302 would be contrary to Section 302 IPC. (Para 5)

Code of Civil Procedure, 1908 ; Order II Rule 2 - Order II Rule 2 of the CPC cannot apply to an amendment which is sought on an existing suit - if the two suits and the relief claimed therein are based on the same cause of action then the subsequent suit will become barred under Order II Rule 2 of the CPC (Para 50)

Code of Civil Procedure, 1908 ; Section 11 - The principle of constructive res judicata has no application when there was no formal adjudication between the parties after full hearing -- The litigation has come up at the stage when the courts below allowed the amendment of plaint for the purpose of enhancing the amount towards damages in the alternative to the main relief of specific performance of the contract [Para 52]

Administrative Law - Merely writing something on the file does not amount to an order - Inter-departmental communications cannot be taken as a basis to claim any right.

Code of Criminal Procedure, 1973 ; Section 196 - The words "No Court shall take cognizance" employed in Section 196 CrPC and the consequential bar created under the said provision would undoubtedly show that the bar is against 'taking of cognizance by the Court' - It creates no bar against registration of a crime or investigation by the police agency or submission of a report by the police on completion of investigation as contemplated under Section 173, CrPC [Para 10]

The Supreme Court rejects the CEC's recommendation to completely remove Karnataka's iron ore production ceiling limits while allowing some relaxations.

Indian Penal Code, 1860 -- Sections 201, 380, 435, 436, 457, 477, 120B -- Criminal conspiracy by Bank cashier -- Key to open with dual key -- Holder of single key cannot be presumed to have conspired to open the strong room of the Bank.

Specific Relief Act, 1963; Section 10 - Legislation - Amendment - Retrospective or Prospective - Ordinarily, the effect of amendment by substitution would be that the earlier provisions would be repealed, and amended provisions would be enacted in place of the earlier provisions from the date of inception of that enactment -- 2018 Amendment To Specific Relief Act Prospective ; Cannot Apply To Transactions Which Took Place Prior To 1.10.2018

Code of Civil Procedure, 1908; Section 151 – Section 151 of the CPC can only be applicable if there is no alternate remedy available in accordance with the existing provisions of law. Such inherent power cannot override statutory prohibitions or create remedies which are not contemplated under the Code. Section 151 cannot be invoked as an alternative to filing fresh suits, appeals, revisions, or reviews. A party cannot find solace in Section 151 to allege and rectify historic wrongs and bypass procedural safeguards inbuilt in the CPC. [Para 28]

Benami Transactions Act -- Section 3(2) of the unamended 1988 Act is declared as unconstitutional for being manifestly arbitrary -- Accordingly, Section 3(2) of the 2016 Act is also unconstitutional as it is violative of Article 20(1) of the Constitution.

East Punjab Rent Restriction Act, 1949; Section 13 -- The demand for a rent increase is completely immaterial when determining the genuine need for a landlord's property.

Specific Relief Act, 1963; Section 34 -- Discretion of Court to grant relief -- Taking into account the substantial contentions urged on behalf of either side, especially when an allegation regarding fabrication of document is being prosecuted by the defendant, it is not appropriate to grant specific performance.

Arbitration agreement in Rent deed -- Non renewal of lease deed didnot terminate arbitration agreement.

Income Tax Act, 1961 -- Section 260A -- Tribunal have jurisdiction over more than one State. Appeal jurisdiction by the High court. Rely upon place of the Assessing authority and not the place of Appellate Tribunal.

Contradictory and inconsistent Dying Declarations -- Indian Evidence Act 1872 - Section 32 – Which one to rely -- Court relies on the first dying declaration recorded after examining the medical condition of deceased -- The possibility of the second dying declaration being given after tutoring by her relatives cannot be ruled out -- the benefit of doubt which has been given to the otheraccused by the trial court, ought to have been equally given to the present appellant when the evidence was totally identical against all the three accused. (Para 16,17, 20)

Prevention of Money Laundering Act -- Occurrence of a scheduled offence was the basic condition for giving rise to proceeds of crime -- Offence of Money Laundering deserves to be discharged.

Tender Award – Blacklisted – No one can be blacklisted for life -- blacklisting order without specifying period unsustainable -- The order of blacklisting to the extent that it has not specified the period cannot be sustained.

Negotiable Instruments Act, 1881; Sections 138 & 139 -- A drawer handing over a cheque signed by him is liable unless it is proved by adducing evidence at the trial that the cheque was not in discharge of a debt or liability -- Even if the details in the cheque have not been filled up by drawer but by another person, this is not relevant to the defense whether cheque was issued towards payment of a debt or in discharge of a liability. (Paras 4 &17)

SARFAESI Act -- Section 17 - The reason for providing a time limit of 45 days for filing an application under Section 17 can easily be inferred from the purpose and object of the enactment (Para 12)

Service Law – Back Wages -- Retrenchment of -- Continuity of Service of Reemployment may be given in cases where the retrenchment is not bona fide -- When retrenchment is not bona fide and once the orders of retrenchment are set aside, the workmen will naturally be entitled to continuity of service with order of back wages as determined by a Tribunal or a Court of law -- Industrial Disputes Act, 1947 ; Section 25F – Retrenchment.

Criminal Trial – Circumstantial Evidence – Where the evidence is of a circumstantial nature, the circumstances from which the conclusion of guilt is to be drawn should in the first instance be fully established, and all the facts so established should be consistent only with the hypothesis of the guilt of the accused – Strong suspicion cannot be ground for conviction

Code of Criminal Procedure, 1973 ; Section 300 (1) - Indian Penal Code, 1860 ; Section 420 - Negotiable Instruments Act, 1881 ; Section 138 -- Whether on similar set of allegations of fact the accused can be tried for an offence under NI Act which is special enactment and also for offences under IPC unaffected by the prior conviction or acquittal and, the bar of Section 300(1) Cr.P.C. would attract for such trial? -- Judicial decorum demands that if judgments passed by two judges' bench of equal strength are conflicting, the issue of law involved must be referred to a larger bench as the same is desirable to avoid confusion and maintain consistency of law -- Referred to Larger Bench -- (Para 12)

Indian Penal Code, 1860; Section 304(b) and 201 -- Dowry offences, if committed, age of the accused is not a ground to reduce imprisonment.

Code of Criminal Procedure, 1973 – Section 156(3) -- Judges should order police investigations when obvious offences are discovered prima facie, especially in the case of sexual crimes.

Negotiable Instruments Act, 1881 ; Section 143A -- Accused failed to pay interim compensation -- The concerned provision nowhere contemplates that an accused who had failed to deposit interim compensation could be fastened with any other disability including denial of right to cross-examine the witnesses examined on behalf of the complainant. Any such order foreclosing the right would not be within the powers conferred upon the court and would, as a matter of fact, go well beyond the permissible exercise of power. [Para 14]

Code of Criminal Procedure, 1973 ; Section 482 -- Stay of investigation and interim relief -- Grant of -- Would be only in the rarest of rare cases (Para 6)

Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, Section 33 -- Determination of Vacancy for Reservation -- Only after the employer reserved a vacancy, the candidate will get a right -- Without that reservation, participation in the selection test, confers no rights.

Guardians and Wards Act, 1890, Section 9 - Constitution of India, Articles 32, 226 - Habeas Corpus Writ to get Guardianship and custody of Minor child -- Welfare of child is decided, relying upon he is a citizen of USA and will have better future, if grow up there.

Code of Criminal Procedure, 1973, Section 482 -- The Criminal Proceeding cannot be nipped in the bud by exercise of jurisdiction under Section 482 of the Cr. P.C. only because there is a settlement, in this case a monetary settlement, between the accused and the complainant and other relatives of the deceased.

Carriage by Air Act, 1972; Section 29 - Hague Protocol, 1955, Rule 30 -- Limitation of 2 years to file claims - Scope of -- If International law donot recognize Limitation law of India, the recovery suit to be filed within the limitation prescribed in the international law.

Purposive Interpretation - If the interpretation which we propose that, the District Magistrate/Chief Metropolitan Magistrate under Section 14 of the SARFAESI Act includes the Additional District Magistrate/Additional Chief Metropolitan Magistrate, the same can be said to be a purposive interpretation to achieve the object and purpose of proceedings under the SARFAESI Act, more particularly when as observed hereinabove, the orders to be passed under Section 14 of the SARFAESI Act are ministerial steps and to assist the secured creditor in getting/obtaining the possession of the secured property.

Environmental Law -- Forests -- ‘Forest’ or ‘ any Forest Land’ -- Meaning of – Legal meaning and position explained -- Non-Forest activities cannot be permitted without prior approval from Central Govt.

Criminal Procedure – Interim Bail -- Mohammed Zubair Case -- Power of Arrest must be used sparingly -- No Justification in keeping him in Continued Custody – Bail granted.

Agnipath Scheme Case – Seeking PAN India issue does not mean High Courts cannot or should not hear the issues.

Criminal Procedure -- Prosecution u/NDPS Act -- Bail to accused -- Restrictions u/Section 37 of NDPS Act -- Not only are the limitations imposed u/Section 439, Cr.P.C. to be kept in mind, the restrictions placed under clause (b) of sub-section (1) of Section 37 are also to be factored in -- Section 37 (1), postulates that, (i) the Public Prosecutor ought to be given an opportunity to oppose the application moved by an accused person for release and (ii) if such an application is opposed, then the Court must be satisfied that there are reasonable grounds for believing that the person accused is not guilty of such an offence -- Additionally, the Court must be satisfied that the accused person is unlikely to commit any offence while on bail -- Narcotic Drugs and Psychotropic Substances Act, 1985 -- Sections 37 (1) and 67 r/w Sections 8/22 and 29 -- Code of Criminal Procedure, 1973 -- Section 439. [Paras 10 and 11]

Service Law – Disability Pension -- Army Personnel -- Not entitled to pension If injury is not related to Military Service

Indian Penal Code 1860; Section 221 -- Essential ingredients for invoking Section 211-- The complaint must have falsely charged a person with having committed an offence; the complainant, at the time of giving the complaint must have known that there is no just or lawful ground for making a charge against the person, this complaint must have been given with an intention to cause injury to a person. [Para 90]

Consumer Protection -- Insurance claims -- The delay in processing the claim and delay in repudiation cannot be the only factor for holding an insurer guilty of deficiency in service.

Bail Application – Offences under IPC, Section 366, 109 – Prosecutrix had given her statement under s. 164, CrPC -- Without expressing any opinion as to the reliability of two contrary statements made by the prosecutrix, one thing is crystal clear that she has changed her stance from time to time -- The question as to which of her two statements can be relied upon, is to be determined by the investigating agency in the light of the other material that may be collected during the investigation of the case -- Incarceration of the petitioner in the police custody would not serve any purpose in furtherance of the investigation of the case – Interim Bail Granted.

Criminal Trial – Double Murder, Attempt to murder, criminal conspiracy, concealment of evidence etc. – Conviction and sentence -- Affirmation by High Court – Legality – In conspectus of emerging scenario, no fault found with judgment and order of Trial Court, convicting and sentencing Appellant as affirmed by High Court – Interference declined – Appeal dismissed

Criminal Procedure – Inherent Power – Petition u/Section 482, Cr. P.C. – ‘Reserved judgment’ – Belated delivery – Impugned judgment was delivered after six months of hearing the arguments and reserving the matter for judgment -- Although, the impugned judgment cannot be set-aside on this ground alone, but it is always advisable that the High Court delivers the judgment at the earliest after arguments are concluded and judgment is reserved – A ‘long delay’ in delivery of the judgment gives rise to unnecessary speculations in the minds of the parties in a case.

Contempt Jurisdiction -- Purging of Contempt -- Apart from punishment, Court may completely nullify the advantages secured by contemptuous conduct

Murder Trial – Conviction with the aid of Section 34, IPC – Appellants have been charged only based upon the rule of evidence under Section 34, IPC -- Section 34 does not constitute an offence by itself, but creates a constructive liability -- The foundational facts will have to be proved by the prosecution -- Not only the occurrence, but the common intention, has to be proved beyond reasonable doubt.

Land Acquisition Act, 1894 – Determination of Compensation -- Ready Reckoner’s rates, which are basically for the purpose of collection of stamp duty, cannot be the basis for determination of the compensation for the lands acquired.

Code of Criminal Procedure – Section 436A -- The provision contained in Section 436A of the Code would apply to the Special Acts in the absence of any specific provision.

Code of Criminal Procedure, 1973; Section 31 -- Trial Courts and Appellate Courts have full discretion to order the sentences to run concurrently.

Criminal Law – Bail – Code of Criminal Procedure, 1973 – Section 439 – Narcotic Drugs & Psychotropic Substances Act, 1985 – Sections 37& 2(vii-a) – Recovery of Ganja 2 Kgs & 515 grams; quantity therefore, intermediate; therefore, rigors of S. 37 of NDPS Act did not apply – Accused in custody since 4.12.2021; a first time offender – Bail allowed.

Limitation Act, 1963 -- Section 5 -- Condonation of delay -- If there is merit, non diligent litigants also will get the delay condoned.

Constitution of India, 1950 -- Articles 32 and 226 -- Code of Criminal Procedure, 1973 -- Sections 154, 156(3) and 173 -- The jurisdiction of the court to issue a writ of continuous mandamus is only to see that proper investigation is carried out -- Once the court satisfies itself that a proper investigation has been carried out, it would not venture to take over the functions of the Magistrate or pass any order which would interfere with his judicial functions.