51. Maintenance to wife -- Decree of restitution of conjugal rights – Effect of -- Mere passing of a decree for restitution of conjugal rights at the husband’s behest and non-compliance therewith by the wife would not, by itself, be sufficient to attract the disqualification under Section 125(4) Cr.P.C -- It would depend on the facts of the individual case and it would have to be decided, on the strength of the material and evidence available, whether the wife still had valid and sufficient reason to refuse to live with her husband, despite such a decree. (SC) Decided on: 10.01.2025

52. Objection to arbitration award – Limitation – Extended period – Exclusion of holiday – Permissibility of : (i) There is no wholesale exclusion of Sections 4 to 24 of the Limitation Act when calculating the limitation period under Section 34(3) of the ACA. (ii) Section 4 of the Limitation Act applies to Section 34(3) of the ACA only to the extent when the 3-month period expires on a court holiday. It does not aid the applicant when the 30-day condonable period expires on a court holiday. (iii) In view of the applicability of Section 4 of the Limitation Act to Section 34 proceedings, Section 10 of the GCA does not apply and will not benefit the applicant when the 30-day condonable period expires on a court holiday. (SC) Decided on: 10.01.2025

53. Appointment based upon Executive orders -- Law is settled that in the absence of rules, recourse to recruitment based on executive orders could be taken. (SC) Decided on: 10.01.2025

54. Arbitration u/s 18 of MSME Act, 2006 -- MSME Registration – Requirement of -- Section 18 is not restrictive and is a remedy for the resolution of disputes, and as such, it is kept open-ended to enable ‘any party’ to refer the dispute to seek redressal -- Submission rejected that ‘any party to a dispute’ is confined to a ‘supplier’ who has filed a memorandum under Section 8 of the Act – However, for clarity and legal certainty, matter referred to a bench of three Judges for an authoritative pronouncement. (SC) Decided on: 10.01.2025

55. Murder – Evidence law -- Non recovery of the weapon of crime is not fatal to the prosecution case and is not sine qua non for conviction, if there are direct reliable witnesses. (SC) Decided on: 09.01.2025

56. Criminal proceedings against authorised agent – Quashing of -- Fraudulent activities such as supply of Tatkal e-tickets by creating multiple personal-user IDs and issuing unauthorised e-tickets procured through IRCTC website, contrary to IRCTC Rules -- Section 143 of Railways Act only deals with the actions of unauthorised persons and does not mandate a procedure to be followed by the authorised agents for procuring or supplying tickets to its customers – Section 143 would not be attracted insofar as he is concerned – Criminal proceeding quashed. (SC) Decided on: 09.01.2025

57. Ex-parte arbitration award – Setting aside of -- Objections filed by the appellants under Section 34 of the A&C Act were dismissed by the trial court on the ground that they were barred by limitation and had been filed beyond the condonable period -- Authenticity of the agreement cannot be established as it is not available on the record of the Municipal Board -- State Government has denied the existence of any such agreement – No evidence to show the existence of the arbitration agreement, except a piece of paper, which is not even a certified copy or an authenticated copy of the official records -- Arbitration, which is quasi-judicial, requires a standard of behaviour of arbitrators, which is impartial and independent, no less stringent than that demanded of judges – Both the Awards shall be treated as null and void and non-enforceable in law – Section 47 of the Code of Civil Procedure, 1908, permits a party at the stage of execution to object to the decree, both on the grounds of fraud, as well as lack of subject matter jurisdiction – Appeals allowed, ex-parte awards set aside. (SC) Decided on: 09.01.2025

58. NDPS – Recovery of 20 kg of ganja -- Acquittal – Taxi driver – Conscious possession -- Courts below convicted the appellant solely for the reason that the appellant was not able to give details of the passengers -- Contraband was seized from the taxi while he was carrying two passengers who fled from the scene -- It was not expected of any taxi driver to give details of the passengers, as ordinarily, no taxi driver/owner before allowing the passenger to board the taxi ask for such details from the passenger(s) -- No effort was made to search out the two passengers who may reveal the truth -- No incriminating material was seized from the person of the appellant and he had not made any effort to run away, moreover, the two bags from which the contraband was seized were not found to be hidden but were rather visible -- Conviction order, set aside. (SC) Decided on: 09.01.2025

59. Dowry death – Acquittal -- For proving the offence of dowry death, the prosecution must prove that (i) the death of the woman is caused by any burns or bodily injury or has occurred otherwise than in normal circumstances, (ii) the death has occurred within seven years of her marriage, (iii) soon before her death, she was subjected to cruelty or harassment by her husband or his any relative and (iv) the cruelty or harassment was for or in connection with the demand for dowry -- Both the witnesses have not deposed about the specific instances of cruelty or harassment apart from stating that there was a demand for dowry -- Version regarding the demand for dowry is an omission -- No legally admissible evidence of the demand for dowry -- There is no specific evidence of any cruelty – Conviction set aside. (SC) Decided on: 09.01.2025

60. Grievous hurt – Common intention -- Accused No.3 was armed with a knife and Accused No.2 had in his hand a chopper -- Merely for the reason that the injuries inflicted by Accused no.2 were less than what was inflicted by Accused no.3 and the injuries were not a grievous conviction u/s 326 cannot be converted to Section 324 -- Presence of Accused no.2 on the spot is as an accomplice of Accused no.3 and hence, Section 34 of the IPC is clearly made out – Accused No.2 ordered to be convicted u/s 326 read with 34 of the IPC and sentenced for the same period as was given by the High Court to Accused No.3 i.e. two years RI along with the fine of ? 75,000/-. (SC) Decided on: 09.01.2025

61. Extra-judicial confession before Village Police Patil – Admissibility of – Village Police Patil cannot be said to be a Police Officer – Same is not hit by Section 25 of the Evidence Act -- However, such extra-judicial confession should be found to be true & trustworthy before it is relied upon by the Court to hold the accused guilty. (SC) Decided on: 09.01.2025

62. Arbitration award – Interest upon delayed period -- Dealy attributed to claimant -- Time spent in wrong Forum – Ends of justice would be met if the appellant-insurance company is directed to pay interest as directed by the Arbitral Tribunal @ 12% per annum with effect from 06th March, 2010 as it was on this date that the Arbitral Tribunal held the claims to be within time after excluding the time spent by the respondent-claimant in pursuing its remedy before the N.C.D.R.C. u/s 14 of the Limitation Act. (SC) Decided on: 08.01.2025

63. Part performance of contract -- It is not open to the High Court to direct specific performance of a part of contract except otherwise provided in the section in absence of any of the exigencies available under the provisions of sub-sections (2), (3) and (4) of Section 12 so as to decree the suit. (SC) Decided on: 08.01.2025

64. Condonation of delay -- Liberal approach -- Concepts such as “liberal approach”, “Justice oriented approach”, “substantial justice” should not be employed to frustrate or jettison the substantial law of limitation -- Limitation is not merely a technical consideration -- Rules of limitation are based on the principles of sound public policy and principles of equity -- No court should keep the ‘Sword of Damocles’ hanging over the head of a litigant for an indefinite period of time. (SC) Decided on: 08.01.2025

65. Hit and run case – Golden hour treatment -- It is the obligation of the Central Government under Sub-Section (2) of Section 162 of the M.V. Act to make a scheme for cashless treatment of accident victims during the golden hour -- Such a scheme may contain provisions for creating a fund for such treatment. -- Provision made in Section 162 for framing a scheme for providing cashless treatment in the golden hour seeks to uphold and protect the right to life guaranteed by Article 21 of the Constitution. -- It is a statutory obligation of the Central Government to frame the scheme. Central Government directed to make a scheme in terms of Sub-Section (2) of Section 162 of the MV Act as expeditiously as possible and, in any event, by 14th March 2025. (SC) Decided on: 08.01.2025

66. Money claim – Writ jurisdiction -- It is not an inviolable rule that no money claim can be adjudicated upon in exercise of writ jurisdiction -- Non-payment of admitted dues, inter alia, may be considered an arbitrary action on the part of respondents and for claiming the same, a writ petition may lie – Writ petition restored for fresh adjudication in accordance with law. (SC) Decided on: 08.01.2025

67. Compromise after conviction – Compounding of offence -- Recalling of order of SLP – Trial court convicted the appellant u/s 326/ 34 IPC, sentencing R.I. for two years and fine of Rs. 2,000/- -- High Court reduced the sentence to 1 year R.I., while enhancing the fine to Rs. 2,00,000/- -- Special Leave Petition dismissed -- Subsequently, the applicant/ petitioner compromised, Miscellaneous Application filed seeking relief for compounding the offense -- Order dismissing the SLP in limine recalled -- Leave granted, appeal partly allowed -- Conviction confirmed, however, the sentence of one year R.I. reduced to the period already undergone. (SC) Decided on: 07.01.2025

68. Will – Suspicious circumstances -- Mere exclusion of the natural heirs from any benefit is not of such suspicious circumstances as to create legitimate doubts on the genuineness of the Will -- Will is executed only to alter the mode of succession and by the very nature of things it is bound to result in either reducing the share or depriving the share of the natural heir. (P&H HC) Reserved on: 17.12.2024 Decided on: 07.01.2025

69. Return of seized vehicle – Superdari – There is no specific bar/ restriction under the provisions of the NDPS Act for return of any seized vehicle in the interim pending disposal of the criminal case -- In view of Section 51 of NDPS Act, the Court can invoke the general power under Sections 451 and 457 of the Cr.P.C. for return of the seized vehicle pending final decision of the criminal case -- Trial Court has the discretion to release the vehicle in the interim. (SC) Decided on: 07.01.2025

70. POCSO – Rape – Acquittal -- Prosecutrix 16 years and four months old -- In medical examination no injuries were detected on the body of the prosecutrix though her hymen was torn -- Prosecutrix in her examination-in-chief as well as in cross-examination has stuck to the fact that she was raped by the accused but the fact remains that she has contradicted her statement at more than one place -- She stated statement u/s 164 CrPC that she hit the accused on her head by Danda whereas in her examination-in-chief she stated that she hit the accused on his foot -- When the accused had surrendered none of these injuries were noticed on the body of the accused : -- when a person can be convicted on the testimony of a single witness the Courts are bound to be very careful in examining such a witness and thus the testimony of such a witness must inspire confidence of the Court. -- It is not believable that when the prosecutrix was caught by the accused who is known to the prosecutrix, she went with him quite a distance in the Bazaar and then to a shop, she never raised any alarm. The only reason she gave is that there was a knife with accused and he had threatened her that if she raises an alarm her brother and father would be killed. Testimony of the prosecutrix does not inspire confidence, under these circumstances, Acquittal order, upheld. (SC) Decided on: 07.01.2025

71. Corruption case – Sanction for prosecution -- Quashing of Sanction order -- Whether the Sanction has been granted by the competent authority or not, would be a matter of evidence -- There is not a whisper in the impugned order about any failure of justice having occurred on account of the impugned Sanction Order -- High Court also should not have entertained the petition for quashing the Sanction Order when the prosecution had already examined seven witnesses – High Court has committed gross error in quashing the Sanction Order and the consequent proceedings vide the impugned order -- Impugned judgment and order passed by the High Court set aside. (SC) Decided on: 07.01.2025

72. Circumstantial evidence -- Principles that courts must adhere to while appreciating and evaluating evidence in cases based on circumstantial evidence, as follows: (i). The testimony of each prosecution and defence witness must be meticulously discussed and analysed. Each witness's evidence should be assessed in its entirety to ensure no material aspect is overlooked. (ii). Circumstantial evidence is evidence that relies on an inference to connect it to a conclusion of fact. Thus, the reasonable inferences that can be drawn from the testimony of each witness must be explicitly delineated. (iii). Each of the links of incriminating circumstantial evidence should be meticulously examined so as to find out if each one of the circumstances is proved individually and whether collectively taken, they forge an unbroken chain consistent only with the hypothesis of the guilt of the accused and totally inconsistent with his innocence. (iv). The judgment must comprehensively elucidate the rationale for accepting or rejecting specific pieces of evidence, demonstrating how the conclusion was logically derived from the evidence. It should explicitly articulate how each piece of evidence contributes to the overall narrative of guilt. (v). The judgment must reflect that the finding of guilt, if any, has been reached after a proper and careful evaluation of circumstances in order to determine whether they are compatible with any other reasonable hypothesis. (SC) Decided on: 07.01.2025

73. Jurisdiction of Arbitrator – Objection to -- After submitting to the jurisdiction of the sole Arbitrator, the respondent could not have belatedly objected to the jurisdiction of the sole Arbitrator. (SC) Decided on: 07.01.2025

74. Agreement to sell – Weather, it is transfer of title? -- Agreement for sale in respect of an immovable property does not transfer title in favour of the purchaser under the agreement -- An agreement for sale does not create any interest in the property -- The only mode by which an immovable property worth more than Rs.100/- (Rupees one hundred) can be sold is by a sale deed duly registered in accordance with the Indian Registration Act, 1908. (SC) Decided on: 07.01.2025

75. NDPS – Samples from contraband – Compliance/ Non-compliance/ Delayed compliance of Section 52A of NDPS Act – Effect of – Law summarised: (I) Although Section 52A is primarily for the disposal and destruction of seized contraband in a safe manner yet it extends beyond the immediate context of drug disposal, as it serves a broader purpose of also introducing procedural safeguards in the treatment of narcotics substance after seizure inasmuch as it provides for the preparation of inventories, taking of photographs of the seized substances and drawing samples therefrom in the presence and with the certification of a magistrate. Mere drawing of samples in presence of a gazetted officer would not constitute sufficient compliance of the mandate under Section 52A sub-section (2) of the NDPS Act. (II) Although, there is no mandate that the drawing of samples from the seized substance must take place at the time of seizure as held in Mohanlal (2016) 3 SCC 379), yet we are of the opinion that the process of inventorying, photographing and drawing samples of the seized substance shall as far as possible, take place in the presence of the accused, though the same may not be done at the very spot of seizure. (III) Any inventory, photographs or samples of seized substance prepared in substantial compliance of the procedure prescribed under Section 52A of the NDPS Act and the Rules / Standing Order(s) thereunder would have to be mandatorily treated as primary evidence as per Section 52A subsection (4) of the NDPS Act, irrespective of whether the substance in original is actually produced before the court or not. (IV) The procedure prescribed by the Standing Order(s) / Rules in terms of Section 52A of the NDPS Act is only intended to guide the officers and to see that a fair procedure is adopted by the officer in-charge of the investigation, and as such what is required is substantial compliance of the procedure laid therein. (V) Mere non-compliance of the procedure under Section 52A or the Standing Order(s) / Rules thereunder will not be fatal to the trial unless there are discrepancies in the physical evidence rendering the prosecution’s case doubtful, which may not have been there had such compliance been done. Courts should take a holistic and cumulative view of the discrepancies that may exist in the evidence adduced by the prosecution and appreciate the same more carefully keeping in mind the procedural lapses. (VI) If the other material on record adduced by the prosecution, oral or documentary inspires confidence and satisfies the court as regards the recovery as-well as conscious possession of the contraband from the accused persons, then even in such cases, the courts can without hesitation proceed to hold the accused guilty notwithstanding any procedural defect in terms of Section 52A of the NDPS Act. (VII) Non-compliance or delayed compliance of the said provision or rules thereunder may lead the court to drawing an adverse inference against the prosecution, however no hard and fast rule can be laid down as to when such inference may be drawn, and it would all depend on the peculiar facts and circumstances of each case. (VIII) Where there has been lapse on the part of the police in either following the procedure laid down in Section 52A of the NDPS Act or the prosecution in proving the same, it will not be appropriate for the court to resort to the statutory presumption of commission of an offence from the possession of illicit material under Section 54 of the NDPS Act, unless the court is otherwise satisfied as regards the seizure or recovery of such material from the accused persons from the other material on record. (IX) The initial burden will lie on the accused to first lay the foundational facts to show that there was non-compliance of Section 52A, either by leading evidence of its own or by relying upon the evidence of the prosecution, and the standard required would only be preponderance of probabilities. (X) Once the foundational facts laid indicate non-compliance of Section 52A of the NDPS Act, the onus would thereafter be on the prosecution to prove by cogent evidence that either (i) there was substantial compliance with the mandate of Section 52A of the NDPS Act OR (ii) satisfy the court that such non-compliance does not affect its case against the accused, and the standard of proof required would be beyond a reasonable doubt. (SC) Decided on: 06.01.2025

76. Criminal jurisprudence – Contradiction in statement/ prosecution story -- ‘falsus in uno, falsus in omnibus’ -- Principle of ‘falsus in uno, falsus in omnibus’ does not apply to the Indian criminal jurisprudence and only because there are some contradictions which in the opinion of this Court are not even that material, the entire story of the prosecution cannot be discarded as false -- It is the duty of the Court to separate the grain from the chaff -- In a given case, it is also open to the Court to differentiate the accused who had been acquitted from those who were convicted where there are a number of accused persons. (SC) Decided on: 06.01.2025

77. Suit for simpliciter injunction – Maintainability of -- Plaintiffs failed to pray for any declaration and their suit simpliciter for injunction -- High Court dismissed the suit being maintainable -- Held, if the defendants do not dispute the title of the plaintiffs then the suit should not fail only on the ground that the matter has been filed only for injunction simpliciter and no main relief in the form of declaration has been prayed for -- Judgment and order passed by the High Court set aside, matter remitted back to the High Court for fresh consideration of the Second Appeal in accordance with law. (SC) Decided on: 06.01.2025

78. Arbitration award -- Limitation for filing objections – Starting date -- The trigger for the limitation to start running is the date of service of notice of the filing of the award – Word ‘notice’ is that the parties merely reach a state of awareness about the award and plan their next steps accordingly, and not the imposition of another procedural step -- Date of receiving a copy of the award is not the requirement of Section 14(2), but merely awareness that it is available to the parties -- This holding signifies that the parties have to take steps to scrutinise the award themselves -- Any contrary interpretation will give a licence to the award-debtor to delay the arbitration by insisting on procedural nuances despite of being aware that an award exists and that its contents are accessible to it. (SC) Decided on: 03.01.2025

79. Fraudulent transaction from the Bank account – Liability of Bank -- It is the responsibility of the bank so far as unauthorized and fraudulent transactions are concerned -- Bank should remain vigilant -- No negligence on the part of respondent No. 1/ account holder could be established by the Bank -- Within 24 hours of the fraudulent transaction, the customer/ respondent No.1 brought it to the notice of the Bank -- Clauses 8, 9 of the RBI Circular dated 06.07.2017 would apply -- Respondent No. 1/ Account holder will not have any liability. (SC) Decided on: 03.01.2025

80. Objection to jurisdiction -- Objections regarding the place of suing shall not be allowed unless such objection is taken in the Court/ tribunal of first instance at the earliest possible opportunity – High Court, while exercising its discretion, overlooked the provisions of Section 21 of CPC -- Order passed by High Court set aside -- Proceedings under the IBC will continue in accordance with the law. (SC) Decided on: 03.01.2025

81. Bailable warrants in DV Act matter – Permissibility of -- Proceedings under the D.V. Act are quasi criminal proceedings which do not have any penal consequence except where there is a violation or breach of a protection order -- Learned Magistrate was absolutely unjustified in directing issuance of bailable warrants against the petitioner. (SC) Decided on: 03.01.2025

82. Additional accused – Who can be summoned -- Trial Court has jurisdiction at any stage of the proceedings on the evidence adduced that the persons who have not been arrayed as accused should face the trial -- Initially named in the F.I.R. as an accused, but not charge sheeted, can also be added to face the trial. (SC) Decided on: 03.01.2025

83. Registration of document -- Reference to Collector – Nature of -- Registering Officer, after registration of the document, can refer the same for adjudication before the Collector, if he has reason to believe that there was deliberate undervaluation of the property -- Such a reference is not a mechanical act, but the Registering Officer should have a basis for coming to prima facie finding of undervaluation of the property -- Duty is enjoined upon the Registering Officer to ensure that Section 47-A(1) does not work as an engine of oppression nor as a matter of routine, mechanically, without application of mind as to the existence of any material or reason to believe the fraudulent intention to evade payment of proper Stamp Duty. -- The expression ‘reason to believe’ is not synonymous with subjective satisfaction of the officer. The belief must be held in good faith, it cannot be merely a pretence. It is open to the Court to examine the question whether the reasons for the belief must have a rational connection or a relevant bearing to the formation of the belief and are not irrelevant or extraneous to the purpose of the section. The word ‘reason to believe’ means some material on the basis of which the department can re-open the proceedings. However, satisfaction is necessary in terms of material available on record, which should be based on objective satisfaction arrived at reasonably. (SC) Decided on: 03.01.2025

84. Compensation in motor vehicle accident case – Income Tax Return – Reliance upon – Monthly income could be fixed taking into account the tax returns only if the details of payment of tax are appropriately brought into evidence so as to enable the Tribunal/Court to calculate the income in accordance with law. (SC) Decided on: 02.01.2025

85. Compensation in motor vehicle accident case – Rash and negligence driving -- Evidence of criminal case – Relevance of -- If the police records are available before the Tribunal, taking note of the purpose of the Act it cannot be said that looking into such documents is impermissible or inadmissible. (SC) Decided on: 02.01.2025

86. Senior citizen case -- Transfer of possession of property -- Setting aside of gift deed -- Power of Tribunal -- The Act is a beneficial piece of legislation, aimed at securing the rights of senior citizens, in view of the challenges faced by them -- It is in this backdrop that the Act must be interpreted and a construction that advances the remedies of the Act must be adopted -- It cannot be said that the Tribunals constituted under the Act, while exercising jurisdiction u/s 23, cannot order possession to be transferred. (SC) Decided on: 02.01.2025

87. Outrage modesty -- Quashing of criminal proceedings -- Record is silent with respect to the use of any force, apart from bald assertions of mental and physical discomfort caused to the complainant by the appellant – Held, mens rea to be established, something better than vague statements must be produced before the court -- No direct allegation nor any evidence in support thereof can be found attributing intent to the appellant -- It cannot be said, then, that a case u/s 354 IPC is made out against the appellant – Criminal proceedings quashed. (SC) Decided on: 02.01.2025

88. Appeal against conviction – Delay of 1637 days -- Condonation of delay – High court dismissed the appeal on delay – Held, right to appeal, particularly when it concerns the liberty of an individual, is a fundamental right under Article 21 of the Constitution -- High Court's order dismissing the appeal solely due to delay, without properly examining the reasons for the delay warrants reconsideration – Dismissal of the appeal was erroneous -- Delay of 1637 days condoned -- High Court requested to dispose of the Criminal Appeal on merits in accordance with law. (SC) Decided on: 02.01.2025

89. Coparcener property -- Family settlement – Effect of -- Suit property could not have been held to be an ancestral property, as the same was received by the erstwhile owner by way of a family settlement, wherein, the two brothers divided two equally mea (Delhi HC) Reserved on: 19.11.2024 Decided on: 24.12.2024

90. Divorce petition -- Visiting right of father to meet minor daughter (born on 06.06.2022) -- Matrimonial disputes and grave allegations between parents should not be an impediment to a child’s right to have care, company, and affection of both the parents – While no guardianship or custody petition has been preferred by the respondent/ father, visitation rights require a careful and empathetic consideration during the pendency of the divorce proceedings. (SC) Decided on: 20.12.2024

91. Guarantee – Title of document -- Name of the document is not a decisive factor -- Only because the title of the document contains the word hypothecation, cannot conclude that guarantee is not a part of this document. (SC) Decided on: 20.12.2024

92. Compromise decree for immovable property – Pre-existing right -- Stamp duty -- Registration – Requirements of -- If a compromise decree involves immovable property other than the property for which a decree is prayed for, such a property would not be exempted and would require registration -- To avail the exemption from compulsory registration, the compromise decree arrived must be only in respect of the property that is the subject-matter of the suit -- Compromise arrived at before the Lok Adalat and the award passed by the Lok Adalat thereto assume the character of a decree passed under Order XXIII Rule 3 and would also come within the ambit and purview of sub-section (2) of section 17 of the Act, 1908 -- In order to fall under the exception of Section 17(2)(vi) of the Act, 1908, the following conditions must be satisfied: (i)There must be a compromise decree as per the terms of the compromise without any collusion; (ii)The compromise decree must pertain to the subject property in the suit; and (iii)There must be a pre-existing right over the subject property, and the compromise decree should not create a right afresh. (SC) Decided on: 20.12.2024

93. Death by rash and negligent driving – 6 month Simple imprisonment – Conversion to fine – Permissibly of -- Not a fit case for extending sympathy and taking a lenient view considering that the said rash and negligent act of the accused has caused death of one person as well as injuries to one other – S.L.P. dismissed. (SC) Decided on: 20.12.2024

94. Part performance of contract – Object of Section 53A of T.P.A. – Interpretation of -- Section 53-A was inserted partly to set at rest the conflict of views, but principally for the protection of ignorant transferees who take possession or spend money in improvements relying on documents which are ineffective as transfers or on contracts which cannot be proved for want of registration -- The effect of this section, is to relax the strict provisions of the Transfer of Property Act and the Registration Act in favour of transferees in order to allow the defence of part performance to be established -- Section 53-A is an exception to the provisions which require a contract to be in writing and registered and which bar proof of such contract by any other evidence -- Consequently, the exception must be strictly construed. (SC) Decided on: 20.12.2024

95. NDPS -- Procedural irregularity – Effect of -- Any lapse or delay in compliance of Section 52A by itself would neither vitiate the trial nor would entitle the accused to be released on bail -- The Court will have to consider other circumstances and the other primary evidence collected during the course of investigation, as also the statutory presumption permissible u/s 54 of the NDPS Act. (SC) Decided on: 20.12.2024

96. Rejection of plaint – Limitation – Ground of -- Where it is glaring from the plaint averments that the suit is hopelessly barred by limitation, the Courts should not be hesitant in granting the relief and drive the parties back to the trial Court. (SC) Decided on: 20.12.2024

97. Additional evidence -- Additional evidence sought to be led qua the unregistered Will -- Trial Court while dismissing the application noticed that numerous opportunities had been given to conclude evidence and despite the same petitioners/ defendants No.5 and 6 failed to produce their evidence and by way of the present application, they wanted to fill up the lacunae in their case which cannot be permitted in law – Evidence were not led at the proper stage -- Revision challenging the order dismissed. (P&H HC) Decided on: 20.12.2024

98. Additional evidence -- Document sought to be produced by way of additional evidence by the respondents before the Appellate Court were well in existence and their knowledge -- Only reason assigned for not producing the same, is lack of knowledge to produce the same -- Plaintiffs want to patch up their evidence by adducing additional evidence in appeal -- Same is beyond the scope of Order 41 Rule 27 – Lower Appellate Court erred in allowing the application filed by the plaintiffs under Order 41 Rule 27 to lead additional evidence – Application dismissed. (P&H HC) Reserved on: 23.10.2024 Decided on: 20.12.2024

99. Right to access court -- Right to access the courts is a cornerstone of our democracy -- However, this right is not absolute and must be exercised responsibly -- When litigants engage in forum shopping, file repetitive and meritless pleas, and deliberately delay proceedings, they erode the very foundation of our legal system -- Petitioner’s repeated and frivolous litigation has wasted the court’s valuable time and resources -- These types of litigants are choking the system of the court, which is resulting in delays in decision of other cases -- It is also the duty of the Courts at different levels to curb such type of litigation so that more time is available for dealing with genuine litigation – SLP dismissed with cost of Rs. 1,00,000/- (SC) Decided on: 20.12.2024

100. Specific performance of contract – Hardship -- Rise in price – Inadequacy of price -- Mere rise in price subsequent to the date of the contract or inadequacy of price is not to be treated as a hardship entailing refusal of specific performance of the contract -- Hardship involved should be one not foreseen by the party and should be collateral to the contract -- Issue of hardship would come into play only if it is established by cogent evidence that, who executed the Agreement of Sale was unable to foresee the hardship at the time of entering into the contract. (SC) Decided on: 20.12.2024