101. Divorce – Desertion – Cruelty -- Long separation – Maintenance/ Permanent alimony -- Parties living separately for two decades now further reinforces the conclusion that the marriage is no longer viable -- Prolonged separation, creates a presumption of the marriage having irretrievably broken down -- Parties have not shared a marital life since 2004, and all attempts at reconciliation have failed -- Length of separation and the evident animosity between the parties make it clear that there is no possibility of the marriage being revived -- Cruelty, long separation, and irretrievable breakdown of marriage, provide sufficient justification for dissolving the marriage -- Respondent husband to pay a sum of Rs. 50,00,000/- to the appellant as permanent alimony and an additional Rs. 50,00,000/- to their daughter for her education and future expenses, such as her marriage – Divorce, upheld. (SC) Decided on: 19.12.2024

102. Stunts on road – Culpable homicide – Death by rash and negligent driving -- When someone does stunts on a public road, endangering public safety, and when the motor sport is not being conducted with the knowledge of the traffic control authorities and ample time has been given to them to take preventive steps, the acts of public stunt, it leads to death would fall in the definition of culpable homicide and if death is not caused then an attempt to cause culpable homicide and such acts would not fall only under section 106 BNS [Analogous to 304-A IPC, 1860] because of the requisite knowledge that such an act is likely to result into death or cause death -- Such an act would not fall under rash and negligent driving, but primafacie amounts to culpable homicide. (P&H HC) Reserved on: 16.12.2024 Pronounced on: 19.12.2024

103. Selection process – Increase in number of vacancies -- Public Service Commission – Role of -- Primary role of the KPSC is to aid and facilitate the selection process for ensuring transparency and merit-based recruitment -- Determination of the number of vacancies and the requisition for employees remain the prerogative of the State Government, which is the employer -- Government’s needs evolved, and additional vacancies arose -- It is unreasonable for the KPSC to deny the Government’s request to expand the rank list to include these vacancies, particularly when the process remains within the bounds of the original notification -- Argument that such an expansion would undermine the autonomy of the KPSC is misplaced -- KPSC directed to expand the rank list under the 2014 notification to include the additional vacancies identified by the State Government. (SC) Decided on: 19.12.2024

104. Inherent powers of High court – Change in law -- Second petition – Maintainability of -- Change of law can legitimately be regarded as a vital change in circumstance clothing the high court with the power, competence and jurisdiction to entertain the subsequent petition notwithstanding the fact that the earlier petition was withdrawn without obtaining any leave, subject to the satisfaction recorded by the high court that the order prayed for in the subsequent petition ought to be made, inter alia, either to prevent abuse of the process of any court or to secure the ends of justice. (SC) Decided on: 19.12.2024

105. False evidence before Tribunal – Private complaint – Maintainability of --- An offence u/s 193/199/200 of IPC can theoretically be committed inside as well as outside a court -- Proceedings which are taking before the Tribunal is not a Court, as defined under the law – It is not empowered to entertain such an application as prescribed under the law u/s 195 read with Section 340 Cr.P.C. -- Only way such an application can be entertained and that too, for the precise offences of Sections 193, 199 and 200 is through a private complaint and only relating to the offences before the Tribunal -- Complaint shall be entertained by the concerned Tribunal and thereafter, the orders shall be passed. (SC) Decided on: 19.12.2024

106. Prohibited article -- No notification issued u/s 26A of the D&C Act, 1940 prohibiting or restricting the aromatic tincture of cardamom -- Absence of such a notification is decisive -- Without it, the tincture remains a licensed medicinal preparation that can be manufactured and sold in accordance with the general rules and the conditions of the license held by the Appellants -- Respondent authorities cannot, on their own accord, treat this lawful product as a “prohibited article.” -- Section 22(1)(d) is not a substitute for Section 26A of the D&C Act, 1940. (SC) Decided on: 19.12.2024

107. Further cross-examination – Right of party -- There is no vested right in a private party to seek recalling of the witnesses for the purpose of further cross-examination. (P&H HC) Decided on: 17.12.2024

108. Violation of building approved plan – Regularisation of construction – Construction(s) put up in violation of or deviation from the building plan approved by the local authority and the constructions which are audaciously put up without any building planning approval, cannot be encouraged -- In the event of any violation being brought to the notice of the Courts, it has to be curtailed with iron hands and any lenience afforded to them would amount to showing misplaced sympathy -- Delay in directing rectification of illegalities, administrative failure, regulatory inefficiency, cost of construction and investment, negligence and laxity on the part of the authorities concerned in performing their obligation(s) under the Act, cannot be used as a shield to defend action taken against the illegal/unauthorized constructions – Regularization schemes must be brought out only in exceptional circumstances. (SC) Decided on: 17.12.2024

109. Joint land – Sale of specific khasra Number – Legality of -- Even if specific Khasra numbers are sold out of joint land, the same still is sale of share in the joint holding -- It is not disputed by the plaintiffs that subject matter of sale deed challenged in the suit, is less than the entitlement of K.S. – Held, suit seeking declaration to the effect that sale deed executed by K.S. in favour of the defendants itself was not maintainable once the share sold by him was less than the share of K.S. (P&H HC) Reserved on: 03.10.2024 Decided on: 17.12.2024

110. Compensation in motor vehicle accident case – Injury case – Loss of one eye -- Dimond Cutting labourer – Disability assessed as 100% -- Diamond cutting is a task of immense skill which involves a great degree of precision and exactitude -- Seeing only with one eye, unquestionably makes it greatly difficult to effectively carry out these processes -- 65% as functional disability is insufficient -- Given the nature of the profession and the indispensability of the ability to see in carrying out the job required, facts and circumstances of the case warrant that disability of the claimant-appellant be taken as 100% -- Total compensation assed as Rs.15,98,000/- to be paid alongwith interest @ 8 % p.a payable from the claim petition. (SC) Decided on: 17.12.2024

111. Compensation in motor vehicle accident case – Injury case -- Carpenter – 74% disability -- It would be unfair to classify a carpenter as an unskilled worker -- Minimum wages as applied to skilled persons is to be taken for the purpose of calculation of compensation, as on the relevant date would be Rs.8337.10 -- Loss of future earnings at 74% disability Rs.8337 x 74% = Rs.6,169.45, Annual loss of earning Rs. 6,169.45 x 12 = Rs.74,033.4 and applying multiplier of 14 Rs.74,033.4 x 14 = Rs.10,36,467.6 -- Future prospect 25% = Rs.3,50,158 – Treatment and Medical charges = 60,000/-, Pain and Suffering = 60,000/-, Loss of Income during treatment = 15,000/-, Attendant Charges = 15,000/-, Special Diet and Nursing = 10,000/-, Transportation Charges = 15,000/-, Loss of Amenities = 30,000/- -- Total compensation of Rs. 15,91, 625/- alongwith 7.5% p.a awarded. (SC) Decided on: 17.12.2024

112. PMLA Case – Bail – Long incarnation -- A suspect cannot be held in custody indefinitely and that undertrial incarceration should not amount to punitive detention – The Court would, nevertheless, ensure that affluent or influential accused do not obstruct the ongoing investigation, tamper with evidence, or influence witnesses, namely, actions that undermine the fundamental doctrine of a fair trial – Trial Court directed to decide on framing of charges before 31.12.2024, thereafter fix a date within the second and third week of January 2025 for recording the statements of such prosecution witnesses who are the most material or vulnerable – All such witnesses, especially those who have expressed apprehension of danger to their lives (who might be two or three), will be examined on these dates – Petitioner ordered to be released on bail on 01.02.2025. (SC) Decided on: 13.12.2024

113. NDPS case -- Punishment for vexatious entry, search, seizure or arrest – Jurisdiction of Special Judge -- Special Judge could not have conducted the proceedings against the appellant/ Superintendent of Police for the offence punishable u/s 58 of the NDPS Act inasmuch as such proceedings could have been conducted only by a Magistrate -- Procedure as required under Chapter XX i.e. Sections 251 to 256 of the Cr.P.C. has also not been followed -- Notice issued by the learned Special Judge to the appellant u/s 58 of the NDPS Act and all subsequent proceedings quashed and set aside. (SC) Decided on: 13.12.2024

114. Murder -- Acquittal – Deposition of witness – Parity for all accused -- High Court comes to a conclusion that it is difficult to believe that the witness could have witnessed the incident in the manner narrated by him and granted benefit of doubt to co-accused persons then conviction of accused on the basis of the evidence of the very same witness only on the basis of conjectures and surmises is not permissible -- Seizure of knife, testimony of Inspector of police would show that the recovery was made from an open place accessible to one and all -- As such, only on the basis of the circumstance of such a recovery, the conviction could not have been based – Appeal allowed, impugned judgment and order passed by the High Court quashed and set aside -- Appellant acquitted. (SC) Decided on: 13.12.2024

115. Rape – Regular Bail -- Victim’s right of hearing – SC/ST victim -- As per Section 439(1A) of Cr.P.C., the presence of the informant or any person authorised by him or her is obligatory at the time of hearing of the application for bail to the person under sub-section (3) of Section 376 or Section 376AB or Section 376DA or Section 376DB of the IPC -- It is also mandatory on the part of the Special Public Prosecutor of the State Government to inform the victim about the court proceedings, including bail proceedings as contemplated in sub-section (3) of Section 15A of the SC/ ST Act, 1989. (SC) Decided on: 13.12.2024

116. False document -- Forgery -- Document containing a false recital does not amount to forgery. (HP HC) Reserved on: 02.12.2024 Date of Decision: 13.12.2024

117. Co-parcenary property – Sole-coparcener – Alienation of property – Right of -- Sole surviving co-parcener is entitled to dispose of the coparcenary property as his separate property as long as he remains a sole surviving coparcener and he may sell or mortgage the coparcenary property even though there is no legal necessity or family benefit or may even make a gift of the coparcenary property. (Karnataka HC) Date of Decision: 13.12.2024

118. Compromise of suit – Lawful agreement – Requirements of law – Recalling application – Remedy of -- When the court disposes of a proceeding pursuant to a compromise under Order 23 Rule 3, it bears the duty to examine this issue and be satisfied that the agreement or compromise is lawful -- This issue can be agitated by way of a recall application even after the compromise decree has been passed -- Only the court that entertains the petition of compromise can determine its legality, at the time of recording the compromise or when it is questioned by way of a recall application -- No other remedy is available to the party who is aggrieved by the compromise decree as an appeal and fresh suit are not maintainable under the CPC -- Courts must not curtail statutorily provisioned remedial mechanisms available to parties – High Court to decide recall application on its own merits. (SC) Decided on: 12.12.2024

119. Allotment of land --– Violation of rules -- There has to be transparency in matters of allotment of land by the government, adherence to the rules and regulations becomes important in the cases of allotment -- Not only MRCHS’ proposed members found ineligible, but the society was allowed to change its members frequently, starting from the point when it accepted the Letter of Intent in its favour – Land is a precious material resource of the community and therefore the least which is required from the State is transparency in its distribution -- There has been a complete arbitrariness in the allotment in favour of MRCHS -- Allotment of the plot in favour of MRCHS is not proper, as it is violative of the procedure as well as eligibility criteria -- Civil appeal allowed, Letter of Allotment in favour of MRCHS stands quashed. (SC) Decided on: 12.12.2024

120. Compensation in motor vehicle accident case – Delayed FIR -- All the available evidences points out towards a skid and fall and not a motor accident -- Delayed FIR also, require a relevance -- Even the police in the FIR also came to the conclusion that there was no motor accident and had filed a closure report – Award set aside. (SC) Decided on: 12.12.2024

121. Transfer petition -- Rape – Quashing of FIR -- Contents of the FIR clearly suggest that both the parties being adult had consensual relations for years before the complaint was filed alleging that there was backing out of promise to marry -- No case is made out u/s 376 IPC -- FIR and all proceedings subsequent thereto quashed. (SC) Decided on: 12.12.2024

122. Detention order -- Pubic disorder -- Every breach of peace does not lead to public disorder -- When a person can be dealt with in exercise of powers to maintain the law and order, unless the acts of the proposed detainee are the ones which have the tendency of disturbing the public order a resort to preventive detention which is a harsh measure would not be permissible -- Six cases are registered for selling illicit liquor, the Excise Authority did not find it necessary to arrest the appellant even on a single occasion -- It would have been a different matter after releasing on bail, appellant continued with his activities -- Statements of witnesses do not show that the said witnesses were threatened by the appellant in the presence of the villagers which would create a perception in the mind of the villagers that the appellant herein is a threat to the public order -- Detention order set aside. (SC) Decided on: 11.12.2024

123. Compensation in motor vehicle accident case -- Injury case – Future medical treatment -- Full-time skilled attendant -- Appellant would have to be under the supervision of a full-time skilled attendant -- Further, Doctor (PW-3) has opined that the appellant suffers from severe apathy and has no control over the passage of her urine -- Therefore, it is not difficult to see that the appellant would be requiring medical assistance in the form of medicines, diapers, etc., so as to live a relatively comfortable life – Compensation enhanced under this head to Rs.5,00,000/- -- Attendant Charges Rs. 9,42,000/- awarded -- Total compensation under different heads comes to Rs. 50,87,000/- alongwith 9% interest from the date of filing claim petition till realisation. (SC) Decided on: 11.12.2024

124. Rejection of plaint – Limitation – Date of knowledge -- Suit for cancellation of registered sale deed in 2004, which they executed by conveying the plaint scheduled property in favour of the respondents in 2017 -- Alleged that the said sale deed was brought through fraudulent means and the Appellants came to know of it only in 2017, when the Deputy Collector issued notice to the Appellants on an application filed by the Respondents for correcting the revenue entries -- High Court was not justified in holding that the limitation period commences from the date of registration itself -- Judgment of the High Court is unsustainable – Suit restored. (SC) Decided on: 11.12.2024

125. Maintenance to wife – Charge over property – Preferential right of wife -- No objection of any secured creditor, operational creditor or any other claim shall be entertained opposing the entitlement of the respondents for maintenance -- This right is a subset of the right to dignity and a dignified life, which in turn flows from Article 21 of the Constitution of India -- Right to maintenance being equivalent to a fundamental right will be superior to and have overriding effect than the statutory rights afforded to Financial Creditors, Secured Creditors, Operational Creditors or any other such claimants encompassed within the Securitization and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002, the Insolvency and Bankruptcy Code, 2016 or similar such laws. (SC) Decided on: 10.12.2024

126. Cognizable offence -- Complaint u/s 156(3) of Cr.P.C. – Treated as private complaint – Quashing of -- Though in the complaint, a specific prayer made for sending the same u/s 156(3) of the Code for registration of FIR but after receipt of action taken report, instead of applying its mind on the question as to whether a case for sending the case for registration of FIR was made out or not or that it was a case, which was to be treated as a private complaint, the learned trial Court straightway proceeded to pass the order for recording preliminary evidence and adjourned the case for that purpose -- Impugned order is not sustainable in the eyes of law as it has not been passed in consonance of the well-established principles of law -- Order set aside, matter remanded to the learned trial Court for hearing the arguments on the question as to whether the prayer made by him for sending the complaint to SHO concerned for registration of an FIR deserves to be allowed or not and to pass an order afresh by recording reasons thereof. (P&H HC) Decided on: 10.12.2024

127. Rape – Grievous hurt by use of acid -- POCSO -- Treatment of victims – Directions issued: (Delhi HC) Date of Decision: 10.12.2024

128. Dowry -- Cruelty – Abetment of suicide – Discharge/ Quashing of charge -- Deceased committed suicide after twelve years of marriage -- Around twelve months prior to her death, the appellants had sold the deceased’s streedhan and had tortured her when she demanded them back -- Merely because she did not file any complaint for twelve years does not guarantee that there was no instance of cruelty or harassment – No proximate link between the alleged facts, instances of harassment and her subsequent death by hanging -- Appellants did not have the requisite mens rea and neither did they commit any positive or direct act or omission to instigate or aid in the commission of suicide by the deceased -- Ingredients for the offence u/s 306, IPC are not made out – Appellant discharged from section 306, however charge u/s 498A of IPC upheld. (SC) Decided on: 10.12.2024

129. Contempt of Court -- In order to punish a contemnor, it has to be established that disobedience of the order is ‘wilful’ -- It means knowingly-intentional, conscious, calculated and deliberate with full knowledge of consequences flowing therefrom -- It would exclude casual, accidental, bonafide or unintentional acts or genuine inability and would also not include involuntary or negligent actions -- Deliberate conduct of a person means that he knows what he is doing and intends to do the same -- If two interpretations are possible, and if the action is not contumacious, a contempt proceeding would not be maintainable. (SC) Decided on: 10.12.2024

130. Appeal against acquittal – Change in law – Ground of -- Change of law by itself cannot be a ground for finding fault with the acquittal judgment rendered in favour of the appellant as far back as on 10.12.2018 -- Impugned order dated 23.06.2023 of the High Court cannot be sustained and set aside. (SC) Decided on: 10.12.2024

131. Circumstantial evidence – Onus on accused -- Onus to explain would shift on to the accused only after the prosecution succeeds in establishing the basic facts from which a reasonable inference can be drawn regarding the existence of certain other facts which are within the special knowledge of the accused – If the prosecution fails to establish a complete chain of circumstances in the first place, then the accused's failure to discharge the burden under Section 106 of the Evidence Act becomes irrelevant. (SC) Decided on: 10.12.2024

132. Suit for specific performance – Possession not part of decree – Execution of – Whether the relief of possession may be granted by the executing court in a case where the suit has been decreed for specific performance simpliciter and no express relief for the transfer of possession of the suit property has been granted – High Court directed Executing Court to issue a warrant of possession of the suit property in favour of plaintiff-decree holder – Plaintiff can amend the plaint to include a claim for the relief of possession, partition, etc. at any stage of the proceeding, includes the stage of execution of the decree by the executing court -- Order upheld, SLP dismissed. Babu Lal’s case (1982) 1 SCC 525 & Rohit Kochhar’s case 2024 INSC 920 relied. (SC) Decided on: 06.12.2024

133. Offence under SC/ST Act -- Public view – Backyard of private house -- Place of occurrence was at the backyard of the appellant’s house -- Backyard of a private house cannot be within the public view -- Persons who accompanied the second respondent/ complainant were also the employees or the labour force she had engaged for the purpose of carrying out repairs to her house which is adjacent to the appellant’s house -- They cannot also be termed as public in general – Appellant discharged from the offence. (SC) Decided on: 05.12.2024

134. Civil Suit -- Legal heirs – Summary enquiry – Requirements of -- Where there is dispute in regards to legal heirs of deceased plaintiff or defendant the trial court should adopt summary inquiry under Order 22 Rule 5 of the Civil Procedure Code as to who is the legal heir from the rival claimants -- It is mandatory for the court to determine the legal heir taking into consideration the right to sue or be sued is surviving. (Jharkhand HC) Decided on: 05.12.2024

135. Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (14 of 2013), Section 13, 26 – Copy of Inquiry report – Right of victim -- Report of the Inquiry Committee was not given to the petitioner, as she was not an accused and the Inquiry Report did not find anything material against the accused person – Held, Inquiry Report ought to have been given to the victim as it is required to be given u/s 13 (1) to all the “concerned parties” -- Petitioner is a concerned party. (SC) Decided on: 04.12.2024

136. Quashing of criminal proceedings -- Cruelty – Relative/ Girlfriend / Women – A girlfriend or even a woman with whom a man has had romantic or sexual relations outside of marriage could not be construed to be a relative -- Apart from that for bringing a case u/s 498A of IPC, the material should show that the ill treatment was meted out by the husband or a relative, which is connected with non-fulfilment of demand of dowry -- No averment or material to show that causing harassment to respondent No.2 on account of non-fulfilment of demand of dowry -- Appeal allowed, criminal proceedings quashed. (SC) Decided on: 04.12.2024

137. CCL/ Child in conflict with law – Assessment of -- Consequences of the act – Capacity to understand -- Even if the child had the mental capacity to commit the alleged offence, then too it would not be construed that he automatically had the capacity to understand the consequence of his act -- It is clearly spelt out by the Probation Officer in the Social Investigation Report that, the petitioner did not possess the capacity to understand the consequence of the alleged offence -- J.J.B. ought to have, instead of exercising the power under Section 18(3) of the Act of 2015, resorted to the provisions of Section 18(1), the prime object whereof is to ensure the rehabilitation and reintegration of the C.C.L. into the society – Case remanded to the J.J.B. (P&H HC) Decided on: 04.12.2024

138. Absence from trial – Forfeiture of bail bond -- Arrest warrant – Quashing of -- Objective of the coercive mechanism prescribed under the BNSS, 2023 is to ensure that the accused remains present before the Court to receive the orders and punishments as are passed qua the accused -- If the accused shows his sincere intention and desire to appear before the Court, then it would not be unjustified to protect him from being arrested – Petitioner was granted bail by the learned trial Court, however due to a misimpression regarding the date, he could not appear before the learned trial Court on two dates and on account of the same, warrants of arrest were issued against the petitioner, he is ready to appear and face the trial -- Petition allowed, Trial Court directed to release the petitioner on same bail bonds/surety bonds. (P&H HC) Decided on: 03.12.2024

139. Compensation in motor vehicle accident case – Multiplier method for 13 year old deceased -- Accident on 15.03.2016 -- Notional income taken as Rs.50,000/- per annum and multiplier of 15 applied --- No addition towards loss of future prospects is to be made -- Claimant-appellants would also be entitled to Rs.18,000/- (Rs.15,000+20% increase) towards loss of estate and Rs.18,000/- (Rs.15,000+20% increase) towards funeral expenses and the claimant-appellants would also be entitled to Rs.48,000/- (Rs.40,000+20% increase) each towards loss of consortium -- Total Compensation comes to Rs.9,78,000/-. (P&H HC) Decided on: 03.12.2024

140. Sanction for prosecution -- Earlier sanction declined -- Subsequent sanction given based on the same material -- In the absence of any other contra material which weighed in the mind of the sanctioning authority, the same cannot be sustained in the eye of law. (SC) Decided on: 03.12.2024

141. Attempt to murder – Anticipatory bail -- No injury attributed to the petitioner, except lalkara raised by him -- Co-accused granted concession of interim anticipatory bail -- No reason to deny the petitioner the concession of anticipatory bail – Bail allowed. (P&H HC) Decided on: 02.12.2024

142. Regular bail -- Search of accused – Magistrate or Gazetted officer – Use of word “Any” instead “Nearest” – Effect of -- Intent behind the provision is to ensure that the person about to be searched is made aware of the option to be taken before a third person other than the one who is conducting the search -- Use of the expression “nearest” refers to the convenience as the suspect is to be searched, delay should be avoided -- Nothing more is articulated and meant by the words used, or the intent behind the provision -- High Court granted bail stating that use of the word ‘any’ does not satisfy the mandate of the ‘nearest’ Gazetted Officer -- Recovery is 500 gms. of heroin is a substantial commercial quantity, respondent involved in another case, in which the quantity involved was an intermediate quantity, respondent is on bail in the said case -- Impugned judgment set aside. (SC) Decided on: 02.12.2024

143. Quashing of FIR – Scope of -- Framing of charge -- Effect of -- High Court dismissed the writ petition as infructuous without considering the case on merits -- Appellants can apply for discharge, however, the scope of application for discharge is completely different from the scope of a petition for quashing the criminal proceedings -- While arguing a case for discharge, the appellants will not be in a position to rely upon any document which is not the part of charge sheet, ground of abuse of process of law will not be available -- However, in a petition for quashing either u/s 482 of the Cr.P.C. or under Article 226 of the Constitution of India, a wider challenge is available including a challenge on the ground of abuse of process of law -- Impugned order set aside, writ petition restored. (SC) Decided on: 29.11.2024

144. Abetment to suicide – Refusal to marry – Mens rea – Acquittal -- Accused-appellant simply refused to marry the deceased and thus, even assuming there was love between the parties, it is only a case of broken relationship which by itself would not amount to abetment to suicide -- Accused-appellant had not provoked the deceased in any manner to kill herself; rather the deceased herself carried poison in a bottle from her village with a predetermined mind to positively get an affirmation from the accused-appellant to marry her, failing which she would commit suicide -- No guilty intention or mens rea on the part of the accused-appellant had been established – Conviction set aside – Appellant acquitted. (SC) Decided on: 29.11.2024

145. NDPS – Acquittal -- Recovery of contraband – Doubt upon – Independent witness – Non-examination of – Effect of -- Police party was not carrying any sewing machine with them -- Police officials also admitted that the parcel was machine stitched from two sides -- No explanation was given by the police official as to how the parcel could have been machine stitched on the spot without any sewing machine -- This shows that either the parcel was already lying with the police official or the proceedings were not conducted on the spot and the testimonies of the police officials regarding the fact that the proceedings were conducted on the spot is highly suspect -- Prosecution witnesses have given different versions regarding the circumstances surrounding the recovery -- Inconsistencies would assume significance in the absence of independent witnesses – Acquittal, upheld. (HP HC) Reserved on: 21.11.2024 Date of Decision: 29.11.2024

146. Conviction under Arms act – Release on Probation -- Removal of disqualification attaching to conviction -- When a person who is found guilty, is extended the benefit of Section 3 or 4 of the Probation of Offenders Act, then he shall not suffer disqualification, if any, attached to the conviction of an offence under such law. (SC) Decided on: 28.11.2024

147. Indian Evidence Act, 1872 (1 of 1872), Section 27 -- Disclosure Statement – Recovery -- Disclosure statement not admissible in evidence because the alleged discovery was not made pursuant to that statement -- Disclosure statement was recorded at the police station whereas recovery was made from the place pointed out by the accused enroute to the police station -- It was, therefore, a case of recovery from the place allegedly pointed out by the accused and not based on a disclosure statement. (SC) Decided on: 28.11.2024

148. NDPS – Acquittal – Safe custody of sample – Requirement of – FSL Report – Seized material deposited in Malkhana on 25.05.2013 – On 27.05.2013, 10 samples were taken by SHO for resealing and then returned – I.O. not placed on record either the Malkhana Register or its extract in respect of taking out of samples for resealing and their redeposit in Malkhana on 27.05.213 – Held, prosecution is under obligation not only to prove that after the samples were extracted, they were kept in safe custody so as to negate any chance of tampering with the samples but also is under obligation to ensure that the material recovered from the accused only is sent to FSL -- Prosecution not proved its case beyond all reasonable doubts that the recovered material only was sent to FSL for chemical analysis -- Proof of FSL report would be of no consequence -- Appellant deserves benefit of doubt, conviction order set aside, discharged. (J&K&L HC) Reserved on 11.10.2024 Pronounced on 28.11.2024

149. Murder – Recovery on disclosure statement – Exclusive knowledge – Requirements of -- Disclosure statement shows that the stone was not concealed anywhere and was lying in the open -- Where the recoveries were effected from a place accessible, the same cannot be relied upon -- Since, there is no evidence of the exclusive knowledge of the accused, therefore, the stone cannot be connected to the accused. (HP HC) Reserved on: 11.11.2024 Date of Decision: 27.11.2024

150. Jurisdiction of Court -- Suit for specific performance – Possession not prayed specifically – Effect of -- It is clear from the terms of the contract between the parties that the transfer of possession of the suit property is implicit in the said contract and absence of a specific prayer seeking transfer of possession would not have any bearing on the character of the suit, which is one covered by Section 16(d) of the CPC. (SC) Decided on: 26.11.2024