1. Murder – Conspiracy -- Regular bail -- Appellant nominated as an accused only for being part of the conspiracy to the crime in question and he was not present when the alleged murder took place -- Bail allowed. (P&H HC) Decided on: 14.11.2024

2. Retail and Wholesale Drug License -- Delay in submission of application beyond time granted by High court – Rejection on that ground – Justification of -- Ends of justice would be well served in case the applications that were filed by the petitioner beyond the time prescribed by High Court, are treated as being in compliance of order passed by High Court and adjudication thereof is done by the concerned Authority on merits of the same, after granting an opportunity of hearing to the respective parties – Petition allowed. (P&H HC) Decided on: 14.11.2024

3. Recovery of counterfeit currency – Regular bail -- Petitioner in custody since 04.04.2024 -- Entire case of the prosecution is based on documentary evidence, which is already part of the challan -- Trial is unlikely to conclude in the near future – Bail allowed. (P&H HC) Decided on: 14.11.2024

4. NDPS – Regular bail -- Recovery of 1600 grams of heroin from co-accused -- Petitioner in custody since 18.09.2023; challan was presented on 12.03.2024 followed by framing of charges on 07.06.2024 -- Till date none of the 31 prosecution witnesses examined – No recovery of any contraband or even mobile handsets was affected from the petitioner; the petitioner is being sought to be linked to the co-accused only on the basis of some mobile calls made between him and them – Bail allowed. (P&H HC) Decided on: 14.11.2024

5. Cheque bounce complaint – Proclaimed person -- Petitioner is keen to join the proceedings -- Petition disposed of and the impugned order set aside subject to payment of Rs.10,000/- as costs to be paid to the complainant – On surrender of the petitioner with cost of Rs.10,000/- within 10 days, the Court concerned directed to admit him to bail subject to its satisfaction and decide the application for revival of the complaint in accordance with law. (P&H HC) Decided on: 14.11.2024

6. House trespass after preparation for hurt, assault or wrongful restraint/ 333-BNS – Rioting armed with deadly weapon/ 191(3)-BNS – Compromise quashing of FIR -- Compromise arrived at between the parties verified and confirmed -- FIR and all consequential proceedings quashed. (P&H HC) Decided on: 13.11.2024

7. House-trespass or House breaking/ 331(4)-BNSS -- Compromise quashing of FIR -- Compromise arrived at between the parties verified and confirmed -- FIR and all consequential proceedings, quashed. (P&H HC) Decided on: 13.11.2024

8. NDPS Case – Superdari of motorcycle -- Motor cycle owned by petitioner seized by the police in criminal case under NDPS Act -- Trial will take time to conclude -- Even if the said motor cycle is a case property, it cannot be kept in the malkhana for indefinite period -- Application filed by the petitioner seeking release of his motor cycle on supurdari allowed. (P&H HC) Decided on: 13.11.2024

9. Suit for specific performance of agreement -- Evidence of attorney -- One of the purchasers and plaintiff in his suit for specific performance throughout present in the transaction held the Power of Attorney from the other plaintiffs – He was examined as PW-1 in each of the suits whether in his capacity as plaintiff or as Power of Attorney from other plaintiffs -- It was not necessary for each of the plaintiffs in separate suits to appear and prove the transaction -- Trial Court had examined this aspect and had found favour with the plaintiffs – Adverse inference drawn by the High Court for the reason that the plaintiffs did not enter the witness box to prove the Agreement to Sell, was completely misplaced. (SC) Decided on: 12.11.2024

10. Inclusion in transitional area of Nagar Panchayat – Opportunity of hearing to effected partes -- Notification u/s 3 visits the persons living in the area notified with several civil consequences that may include taxation on properties, deprivation of benefits from government programs and schemes for village areas, etc. – Opportunity of making objections and /or suggestions after publication of draft notification and due consideration of the same by the Governor, are vital and mandatory requirements of the statute -- Each person resident of such area which is subject to such notification, is a stakeholder and is conferred a right by the Act, 1916 to make suggestions and objections -- Such suggestions and objections, when duly filed, have to be accorded due consideration by the Governor, and the State Government cannot brush aside an objection by means of a general denial on the ground that it was not received within the time provided in the draft notification where it has been demonstrated by the petitioner that the objection was duly dispatched and the delivery report of the postal department reflects its delivery to the addressee -- Objections of the petitioners were never considered – Impugned notification / order quashed. (Allahabad HC) Decided on: 11.11.2024

11. Lis pendens – Review -- Pendency means -- Review proceedings were “instituted” within the period of limitation of thirty days – Doctrine of lis pendens kicks in at the stage of “institution” and not at the stage when notice is issued by this Court -- Argument of the respondents that the doctrine of lis pendens does not apply because the petition for review was lying in the registry in a defective state cannot be accepted. (SC) Decided on: 08.11.2024

12. Constitution of India, Article 30(1) – Minority educational Institution – Legislative/ Administrative Power to change -- Article 30(1) can be classified as both an anti-discrimination provision and a special rights provision -- A legislation or an executive action which discriminates against religious or linguistic minorities in establishing or administering educational institutions is ultra vires Article 30(1). (SC) Decided on: 08.11.2024

13. Appointment of Arbitrator – Assignment of agreement – Effect of -- Existence of arbitration agreement in the license agreement and share subscription agreement is not in dispute – Court has to confine itself to the examination of the existence of an arbitration agreement, it would not be appropriate for Court to delve deep into the issue -- Matter referred to the Delhi International Arbitration Centre for appointment of a sole arbitrator to adjudicate upon the dispute between the parties. (SC) Decided on: 08.11.2024

14. Advalorem court fee -- Suit claiming a decree for declaration to the effect that the gift deed be declared as null, void, forged and fabricated having no effect on the rights of the plaintiff and consequential information in this regard be sent to the Sub-Registrar's office -- It is not a simplicitor suit for declaration of rights and it clearly falls under section 7(iv-A) of the Court Fees Act. (Allahabad HC) Decided on: 07.11.2024

15. House trespass after preparation for hurt, assault or wrongful restraint – Incident at restaurant – Acquittal -- Incident had taken place in a restaurant run by the injured PW-1, which cannot be said to be either a place used for human dwelling or for worship or for the custody of the property -- Appellant could not have been convicted for the offence under Section 452 IPC – Conviction set aside -- Appellant acquitted for the offence u/s 452 IPC. (SC) Decided on: 06.11.2024

16. Culpable homicide not amounting to murder – Benefit of doubt -- Previous enmity between the parties -- A month prior to the date of the incident, an FIR was lodged by the wife of the appellant No.1 against the deceased since he had tried to dispossess the appellants -- Place of the incident is adjacent to the field in possession of the appellants -- Weapons used by the accused persons are axe and sticks commonly used by the agriculturists -- No material to show that there is any premeditation – Possibility of offence being committed by the appellants without premeditation in a sudden fight in a heat of passion upon a sudden quarrel cannot be ruled out -- It cannot be said that the appellants have taken undue advantage or acted in a cruel or unusual manner -- Appellants would be entitled to benefit of doubt, conviction u/s 302 IPC needs to be altered Part I of Section 304 IPC. (SC) Decided on: 06.11.2024

17. Cheating – Non-conclusion of trial within 60 days -- Bail – Right of -- Charges framed on 31.05.2024, case is triable by the Magistrate -- First date for recording evidence was 14.06.2024 and 60 days completed on 13.08.2024 -- Accused-petitioner is in custody for more than two years -- Only one prosecution witness out of total 33 prosecution witnesses examined -- Accused cannot be continued in custody for an indefinite period and that too for no fault on his bail in conclusion of the trial as per the mandate of Section 480(6) of BNSS – Bail allowed. (Rajasthan HC) Decided on: 04.11.2024

18. Compensation in railway accident case – Fixed deposit for major claimant – Permissibility of -- 90% of the compensation amount awarded by the Tribunal ordered to be kept in fixed deposits even though appellant No.1 is major -- Amount awarded to the claimants apart from that awarded to the minors ordered to be released -- Amount of award in favour of the minors/ appellants shall remain invested in the Fixed Deposits till they attain age of majority. (P&H HC) Decided on: 25.10.2024

19. Additional evidence -- Not a single averment in the application as to the relevancy of the documents -- In the absence of any explanation, the application has rightly been rejected. (P&H HC) Decided on: 25.10.2024

20. Compensation in motor vehicle accident case – Enquiry u/s 134 of MV Act – Ground of -- Grounds of section 134 (c) of the Act of 1988 is not provided u/s 149 (2), ground not available to the appellant/ Insurance Company – Even otherwise, once an enquiry has been held by the tribunal after affording sufficient opportunity to the appellant/ insurance company, the plea of the appellant that since provisions of Section 134 (c) of the Act of 1988 have not been complied, therefore, the insurance company is not liable to make the payment of compensation is misconceived and not tenable because it has no concern with the claim of the dependents and family members of the deceased. (Allahabad HC) Decided on: 25.10.2024

21. Suspension of fine -- While convicting an accused, if a direction is issued against him to pay a fine, such a direction can be suspended in the exercise of power under sub-section (1) of Section 389 of the CrPC. (SC) Decided on: 24.10.2024

22. Abetment to suicide – Anticipatory bail -- Deceased-employee was disturbed since about 2 weeks, his seniors/ petitioner at Bank were harassing during duty – Prosecution failed to provide specific allegations or instances demonstrating the petitioner’s role in prompting or instigating the deceased to commit suicide -- Primafacie basic ingredients of Section 108 and 3(5) of BNS, 2023 not met out -- It would be a futile exercise to send the petitioner behind the bars for custodial interrogation – Anticipatory bail allowed. (P&H HC) Decided on: 23.10.2024

23. Conviction in cheque bounce complaint -- Appeal -- Suspension of sentence – Pre-deposit of 20% of compensation -- Looking at the financial condition of the petitioner, directing her to deposit 20% of the amount as per impugned order shall result in jeopardizing her appeal being dismissed on account of non-compliance of the condition of deposit -- Condition of pre-deposit of 20% of interim compensation set aside, Ld. Sessions Judge ordered to proceed with hearing of the appeal without insisting for pre-deposit and dispose of the same in accordance with law. (Rajasthan HC) Decided on: 23.10.2024

24. Departmental proceedings – Withdrawal of promotion – Permissibility of -- Charge-memo issued to the petitioner on 01.04.2023, whereas, the DPC had already recommended petitioner’s name for promotion to the post of Sub-Inspector on 21.03.2023 -- Formal order promoting the petitioner on accrual of vacancies was passed on 02.08.2023 – Order dated 24.08.2023, withdrawing petitioner’s promotion to the post of Sub-Inspector is not in consonance with law. (HP HC) Decided on: 21.10.2024

25. Auction sale by bank – Sale certificate -- Non-deposit of auction amount within 15 days – Extension of time -- Respondents/ auction purchaser sought extension of time for the reason that the appellant-Bank itself was not in a position to accept the amount as there was a complaint to the CBI, an advisory of the ED and a stay from the High Court -- Silence on part of the appellant-Bank in either immediately revoking the sale confirmation or refusing to extend the time, impliedly amounted to extension of time in writing with consent. -- Respondents were always ready and willing to deposit the balance auction amount of Rs.1,06,50,000/- and had rather submitted a bank draft dated 15.10.2022 of the said amount and had requested for the issuance of the sale certificate and possession of the auction property – It establishes the bona fide of the respondents and it was only the appellant-Bank who had avoided the issuance of the sale certificate. -- Non-issuance of the sale certificate is solely attributable to the appellant-Bank and that there were no latches, negligence or default on part of the respondents in offering to deposit the balance auction amount. Non-deposit of the said amount within the stipulated period would not be fatal within the meaning of sub-Rules (4) and (5) of Rule 9 of the Rules. (SC) Decided on: 16.10.2024

26. Chatur Varshik Shradh of deceased father of convict – Interim bail -- Rape convict for 10 years -- Denial or curtailment or deprivation of interim release shall defeat the object and intent of reformation, which is the heart and core of criminal justice -- Interim bail granted commencing from 12th October 2024 till 20th October, 2024 with two police personnels. (HP HC) Decided on: 11.10.2024

27. Solitary absence of the petitioner/ accused -- Forfeiture of bail bond -- Many a times, the accused can be prevented by sufficient reasons to put an appearance before the Court on a given date and, therefore, it necessarily cannot be construed as a deliberate and willful absence -- Procedure must be compatible with Article 21 of the Constitution of India i.e. it must be fair, just and not suffer from the vice of arbitrariness or unreasonableness -- Petitioner himself come forward and has undertaken to appear before the trial Court on each and every date -- Petition allowed, impugned order set aside. (P&H HC) Decided on: 10.10.2024

28. NDPS Case – Regular bail -- Recovery of 3.17 Kg. of charas – Sample was not taken from each piece or each strip, 100 gram sample was randomly taken -- It cannot be said that each sample is the representative sample of the allegedly recovered quantity of the applicant -- Bail allowed. Gaunter Edwin Kircher’s case (1993) 3 SCC 145 relied. (UK HC) Decided on: 08.10.2024

29. POCSO – Rape – Regular bail – Applicant submitted hat the victim in her examination u/s 164 of the Cr.P.C. has stated that she was known to the applicant and she on her own left her house and joined the company of the applicant and they did not establish any physical relationship -- These facts admitted by State -- Bail allowed. (UK HC) Decided on: 08.10.2024

30. POCSO – Rape – Regular bail – In statement u/s 161 and 164 of Cr.P.C., victim stated that the victim and the applicant both were in relationship and their relations were consensual – State submitted that the victim is a minor – Bail allowed. (UK HC) Decided on: 08.10.2024

31. Wild Life (Protection) Act, 1972 (53 of 1972), Section 9, 39, 48, 50, 51 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Recovery of elephant tusk – Regular bail -- No expert opinion at this stage -- Applicant has no criminal history – Bail allowed. (UK HC) Decided on: 08.10.2024

32. Waqf property – Jurisdiction of Waqf Tribunal -- Gair Mumkin Khangah and Takia -- Tribunal decided the issue of jurisdiction and held that the question of title would be decided by the Collector under the provisions of the Punjab Village Common Lands (Regulation) Act, 1961, however decided the other issued on merits – Tribunal would not be excluded from adjudicating the matter -- Tribunal having held that it did not have the jurisdiction to try and decide the suit, the findings on merits on other issues could not have been rendered by it -- Impugned judgment and decree passed by the Tribunal set aside and the matter remanded to the Tribunal for decision afresh in accordance with law. (P&H HC) Decided on: 04.10.2024

33. Rent appeal – Application for additional evidence – Pendency of -- Appellate Authority has to consider the application under Order 41 Rule 27 CPC and decide the same either while passing the main judgment or by virtue of a separate order of even date at the time of deciding the appeal, which has not been done -- Judgment of the Appellate Authority set aside, case remanded back to the Appellate Authority. (P&H HC) Decided on: 04.10.2024

34. Rejection of plaint – Application pending since 2019 in civil suit of 2018 -- Though the reply to the application was filed by the plaintiff on 25.03.2019 but the said application has not been disposed of in the last more than 05 years -- Trial Court directed to dispose of the pending application under Order VII Rule 11 CPC within next two months positively. (P&H HC) Decided on: 04.10.2024

35. Suit for mandatory injunction – Impleadment of Vendor as party -- Petitioner/ plaintiff purchased suit property -- However, the neighbours raised dispute as to whether the property was part of khasra number or part of Lal Lakir -- Plaintiff filed a suit for mandatory injunction against the sub-Registrar/ Tehsildar to disclose the particulars of the property -- Said defendant was proceeded ex parte -- Trial court dismissed the application for impleading Vendor as party – Impugned order set aside as the vendors of the plaintiff are proper party to the suit -- Trial Court directed to permit the plaintiff to implead his vendors as a party to the suit and then proceed further in accordance with law. (P&H HC) Decided on: 04.10.2024

36. Written statement not filed on time -- Defence struck off -- Despite more than one year, the written statement was not filed -- There was lapse on the part of the defendants in not filing the written statement but request made for granting only one opportunity to file written statement -- Case is still at the stage of plaintiff’s evidence and not even a single witness has been examined -- Trial Court directed to provide only one opportunity subject to cost of Rs.10,000/- payable to the respondents-plaintiff. (P&H HC) Decided on: 04.10.2024

37. Written statement not filed on time -- Defence struck off -- Petitioner/ defendant is single mother, who was unable to engage the counsel, due to which she could not file the written statement -- Trial Court directed to provide only one opportunity to the petitioner to file the written statement subject to cost of Rs.10,000/- payable to the respondents-plaintiffs. (P&H HC) Decided on: 04.10.2024

38. Cross-examination of plaintiff – Deliberate delay – Trial court declined prayer to cross-examine the plaintiff – Deliberate attempt on the part of petitioner-defendant No.2 to delay the proceedings -- Impugned order passed by the trial Court cannot be said unjustified -- Although, there is no justification for setting aside the impugned order, in the interest of justice, trial Court directed to provide one opportunity to him to cross-examine PW1/ plaintiff subject to costs of Rs.50,000/- payable to plaintiff-respondent. (P&H HC) Decided on: 04.10.2024

39. Eviction petition -- Amendment of written statement -- Case was at the stage of tenants’ evidence, when the application for amendment of written statement was moved – Tenant stated that he had recently come to know about another double storey commercial building to be belonging to the landlords – Held, in case, the tenant finds that landlord has any other property in his occupation, he can produce necessary evidence in this regard, for that purpose, amendment of the written statement is not required – Amendment declined. (P&H HC) Decided on: 04.10.2024

40. Suit for specific performance -- Agreement to sell -- Adverse possession – Plea of – Permissive possession -- Once the defendant himself pleaded that he is in possession under the agreement to sell and to retain possession relies on the part performance of contract to sell, he cannot plead adverse possession – Held, possession of a proposed vendee under agreement to sell always is a permissive possession under the vendor till he pleads and proves that he gave up the permissive possession and re-entered into possession which was open and hostile to the knowledge of the true owner. (P&H HC) Reserved on 20.08.2024 Pronounced on 04.10.2024

41. Voyeurism – Rioting – Compromise quashing of FIR -- Offences alleged to have been committed by the petitioners do not involve offences of moral turpitude or any grave/ heinous crime, rather same are petty offences -- FIR as well as consequent proceedings quashed and set aside. (HP HC) Decided on: 04.10.2024

42. Commercial quantity – Regular bail – Rigors of Section 37 of NDPS Act -- Petitioner is in custody for last 1 year and 10 days -- Charges framed on 08.04.2024, out of a total of 18 prosecution witnesses, none has been examined so far -- Trial is likely to take a considerable time, thus his further incarceration would be violative of his right enshrined under Article 21 of the Constitution of India -- Rigors of Section 37 of NDPS Act can be diluted bearing in mind the right to a speedy trial – Bail allowed. (P&H HC) Decided on: 04.10.2024

43. Cheating and forgery – Corruption case – Compromise quashing of FIR -- Matter compromised between the borrowers and the Bank -- Upon payment of the amount under the OTS, the loan account of the borrower has been closed -- Only question would be, as to whether the continuation of the criminal proceedings against the present appellants would be justified or not -- In Special Leave Petition (Criminal) No.4353 of 2018, it was held that when the matter has been compromised between the borrower and Bank, the continuation of the criminal proceedings would not be justifiable – Criminal proceedings quashed. (SC) Decided on: 03.10.2024

44. Expeditious disposal of execution petition -- Warrants of possession not executed -- Despite the Decree Holder (DH) being present, none came for execution of the warrants of possession -- Objections filed by the judgment debtor dismissed, however, second objections have been filed – Revision petition disposed off with a request to the Executing Court not to grant any unnecessary adjournments and to decide the execution application pending before it expeditiously and in accordance with law. (P&H HC) Decided on: 03.10.2024

45. Eviction petition -- Discovery of documents -- A party cannot be compelled to produce the document if he/ she/ they were to contend that the original document was not in their custody -- Rent Controller rightly observed that an “appropriate inference would be drawn at appropriate stage for non-production of original documents” -- Said observation is in accordance with law. (P&H HC) Decided on: 03.10.2024

46. Abetment of suicide – Deceased humiliated in the official meeting -- Quashing of FIR – Inherent jurisdiction of High Court – Appellant-Senior officers convened a meeting with the employees of the company -- Company wanted around fifty to sixty office employees to opt for Voluntary Retirement Scheme (VRS) -- Alleged that in the course of the meeting the deceased was humiliated by the appellants & he felt very bad about it and he committed suicide – No case against the appellants made out – Appeal allowed, Criminal proceedings quashed. (SC) Decided on: 03.10.2024

47. Case under SC/ ST Act – Compromise quashing of FIR – FIR along with all subsequent proceedings arising therefrom quashed. (P&H HC) Decided on: 03.10.2024

48. Compromise quashing of FIR -- Rash and negligent driving/ endangering life – Offences alleged to have been committed by petitioner do not involve offences of moral turpitude or any grave/ heinous crime, rather same are petty offences -- Possibility of conviction is remote and no fruitful purpose would be served in continuing with the criminal proceedings -- FIR as well as consequential proceedings quashed and set aside. (HP HC) Decided on: 03.10.2024

49. NDPS Case – Search and seizure – Procedure of -- Material difference between the provisions of Sections 42 and 43 of the NDPS Act is that Section 42 requires recording of reasons for believing and for taking down of information received in writing with regard to the commission of an offence before conducting search and seizure -- While acting u/s 43 of the NDPS Act, the empowered officer has the power of seizure of articles etc., and the arrest of a person, who is found to be in possession of any narcotic drugs and psychotropic substances in a public place where such possession appears to him to be unlawful. -- A nakka was set up on Highway and at the instance of the secret informer, a truck was stopped and the driver of the truck was apprehended -- State has rightly submitted that the provisions of Section 43 of the NDPS Act would be applicable and provisions of Section 42 of the NDPS Act are held to be not applicable. (P&H HC) Decided on: 03.10.2024

50. Compromise quashing of FIR -- Human Smuggling – Cheating – Compromise effected between the parties without any pressure or coercion and out of their free will -- FIR and all consequential proceedings quashed. (P&H HC) Decided on: 03.10.2024