Bharatiya Nyaya Sanhita, 2023 (45 of 2023), Section 329(3), 303 (2), 351(2) – Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 482 -- Anticipatory bail -- Theft – Criminal trespass -- Encroachment over land, hurling abuses and extending threats -- Dispute involved is of civil nature which has been given a criminal colour by the complainant -- Petitioners have bona fide intentions and are willing to join the investigation and cooperate for furtherance of the same so that the final report can be submitted by the Investigating Agency within the stipulated time period -- No reason to deny the petitioners the concession of anticipatory bail – Bail allowed.

(Para 1, 2, 4, 5)

A. Haryana Urban (Control of Rent and Eviction) Act, 1973 (11 of 1973), Section 13 -- Eviction of tenant -- Cease to occupy -- Neighbourer to the shop deposed and supported the ground of cease to occupy -- Testimony of PW4-Advocate, Local Commissioner and report that the shop was closed at the time of his visit, from the position of shutter, it appeared that the same had not been opened for long time as dust was collected on the shutter and the webs were appearing on the roof the shop -- Both side locks were in rusted condition with sand lying upon them -- The persons present at the spot also told that shop was lying closed for a long time -- Photographs clicked from the spot also supported this fact -- Respondent-tenant could not produce any evidence regarding running of the shop – No electricity bill produced, electricity connection had been disconnected -- No document produced by the tenants to show that any business was being carried on in the demised premises – Eviction order upheld.

(Para 3.3, 17, 19, 20)

B. Haryana Urban (Control of Rent and Eviction) Act, 1973 (11 of 1973), Section 13 -- Bonafide need – Government employee/ Landlord – Ejectment petition after three year of retirement -- It is the specific case of the landlord, supported by evidence, that he required the shop to start his own business to carry on the stationery and sports item therein -- No convincing evidence to rebut the said evidence -- Landlord is the best judge of his requirement -- Bona fide necessity cannot be disbelieved only for the reason that landlord approached the Court for seeking ejectment three years after his requirement -- Eviction order upheld.

(Para 3.3, 18-20)

Indian Penal Code, 1860 (45 of 1860), Section 354 -- Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Section 9, 10 – POCSO -- Short term bail on the ground of illness of daughter -- Eldest daughter of the applicant, who is 18 years of age, is prone to epilepsy; she is mentally retarded; quite often, she is to be taken to hospital -- Applicant wants to get her examined -- On the humanitarian ground, applicant granted short term bail for a period of two weeks.

(Para 3-5)

Constitution of India, Article 226 -- Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, (54 of 2002), Section 14 -- SARFAESI proceedings – Duty of Magistrate – Thirty days’ time period for decision -- Writ petition for a direction to the District Magistrate to decide the application u/s 14 of the SARFAESI Act, 2002 expeditiously -- Writ of mandamus issued to the District Magistrate, to decide the application, as expeditiously as possible, but not later than fifteen days.

(Para 1-4)

Constitution of India, Article 226 -- Writ seeking acquisition of land and compensation – Road already built up in 1973, thereafter, the road was transferred to National Highway Authority of India in 2010 – Now after a period of more than 51 years, the petitioners are coming forward to claim for acquisition and compensation -- Claim of the petitioners is hopelessly time barred – Writ dismissed.

(Para 1-5)

Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (33 of 1989), Section 14-A, 3(2)(v) – Indian Penal Code, 1860 (45 of 1860), Section 147, 148, 149, 302, 307, 452, 506, 120-B -- Arms Act, 1959 (54 of 1959), Section 25 – 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.

(Para 5, 6)

Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 482 – Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 15(b), 27A, 29  – NDPS – Anticipatory bail – Pendency of other case – Effect of -- Strict adherence to the rule of denial of bail on account of pendency of other cases/ convictions in all probability would lend the petitioner in a situation of denial the concession of bail -- Petitioner was nominated as an accused on the basis of disclosure statement suffered by the main accused and the recovery has been effected from him --  Nothing is to be recovered from the petitioner -- Bail allowed.

(Para 4)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 15, 52A – NDPS – Acquittal – Re-enclose of examined stuff -- Seal of FSL – Recruitment of -- Chemical examiner, after examining the stuff inside the sealed cloth parcels, omitted to re-enclose the examined stuff inside the cloth parcels, and, also omitted to emboss thereon the seals of the FSL -- Such loose and unsealed cloth parcels comprising the case property produced in Court -- Identification of the case property made in Court and the exhibit marks were made -- Held, report of the FSL looses its evidentiary vigour -- Accused become entitled to an acquittal – Appeal allowed, conviction order set aside.

(Para 18-25)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 8, 22(C), 60, 37 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- NDPS Case – Commercial quantity -- Regular bail – Rigour of Section 37 of NDPS Act -- Denial of bail does not give unfettered liberty to the prosecution to keep a person in custody without conducting a trial -- Applicants are in custody for more than a year -- For more than six months, no progress was made in the case -- Trial has yet not concluded -- It commands the Court to release the applicants on bail -- Bail applications allowed.

(Para 4-11)

Himachal Pradesh Hindu Public Religious Institutions and Charitable Endowments Act, 1984 (Act No. 18 of 1984) -- Constitution of India, Article 16(2) -- Compassionate appointment in temple-trust – Bonafide Himachali certificate – Requirement of -- Appointment rejected on the ground that the petitioner does not possess the bonafide Himachali Certificate -- Rejection of appointment not at all sustainable in the eyes of law – Appointment on compassionate basis cannot be refused on a ground which defeats the constitutional provisions per se -- No other infirmity in the candidature of the petitioner -- Petition allowed, impugned communication quashed, respondents directed to offer appointment to the petitioner on compassionate basis forthwith.

(Para 5, 9-12)

Code of Criminal Procedure, 1973 (2 of 1974), Section 301, 302, 311 – Production of material object -- Conducting of trial – Power of -- Public Prosecutor or the Assistant Public Prosecutor are authorized to conduct a criminal case and any pleader instructed by the Public Prosecutor -- Complainant could not have filed the application through counsel without permission of the Assistant Public Prosecutor, who was conducting the prosecution in the case -- Such an application was not maintainable -- No permission was sought by the complainant from the learned Trial Court to conduct the prosecution -- Thus, the objection of the State that the complainant had no locus standi to file the application has to be upheld.

(Para 2, 15-18)

Bharatiya Nyaya Sanhita, 2023 (45 of 2023), Sections 140, 142, 351, 62 -- Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 528 -- Kidnapping or abduction in order to murder or for ransom (Section 140) – Compromise quashing of FIR --  Compromise has been effected between the parties voluntarily and without any coercion or undue influence – No useful purpose would be served to continue with the proceedings before the trial Court in the F.I.R. – FIR and all subsequent proceedings arising therefrom quashed.

(Para 3-5)

A. Indian Penal Code, 1860 (45 of 1860), Section 302 -- Murder -- Post mortem report – Evidential value -- A post mortem report is generally not considered as conclusive evidence of the facts mentioned in the report regarding the cause of death, time of death etc. -- It could always be corroborated with other direct evidence on record such as ocular evidence of the eye witnesses -- However, when there is no other credible evidence on record to contradict the report, the facts stated in the post mortem report are generally taken as true.

(Para 30)

B. Indian Evidence Act, 1872 (1 of 1872), Section 106 -- Circumstantial evidence -- It is trite law that in a case based on circumstantial evidence, the chain of evidence must be complete and must give out an inescapable conclusion of guilt.

(Para 35)

C. Indian Evidence Act, 1872 (1 of 1872), Section 8 -- Indian Penal Code, 1860 (45 of 1860), Section 302, 364 -- Kidnapping – Murder -- Motive -- Without the proof of foundational facts, the case of the prosecution cannot succeed on the presence of motive alone -- Accused persons and the eyewitnesses belong to the same family and the presence of a property related dispute is evident -- In a hypothetical sense, both the sides could benefit from implicating the other -- In such circumstances, placing reliance upon motive alone could be a double-edged sword.

(Para 35)

Indian Penal Code, 1860 (45 of 1860), Section 307,324, 323, 427, 506, 341, 148, 149, 120-B (326, 201 and 34 added lateron) – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Attempt to murder – Compromise quashing of FIR -- Compromise arrived at between the parties is genuine and without any pressure -- No useful purpose can be served by keeping with the criminal proceedings pending, since the complainant has himself compromised the dispute with the petitioners/ accused persons – FIR and all consequential proceedings quashed.

(Para 2-5)

Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 528 -- Bharatiya Nyaya Sanhita, 2023 (45 of 2023), Sections 115(2), 127(2), 191(3), 190 – Rioting armed with deadly weapon/ Sec.190(3) -- Compromise quashing of FIR --  Compromise has been effected between the parties voluntarily and without any coercion or undue influence – No useful purpose would be served to continue with the proceedings before the trial Court in the F.I.R. – FIR and all subsequent proceedings arising therefrom quashed.

(Para 3-5)

Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 528 -- Bharatiya Nyaya Sanhita, 2023 (45 of 2023), Sections 140, 142, 351, 52 – Kidnapping or abduction in order to murder or for ransom (Section 140) – Compromise quashing of FIR --  Compromise has been effected between the parties voluntarily and without any coercion or undue influence – No useful purpose would be served to continue with the proceedings before the trial Court in the F.I.R. – FIR and all subsequent proceedings arising therefrom quashed.

(Para 3-5)

A. Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Compromise quashing of FIR – Civil Character cases – Criminal cases having overwhelmingly and predominantly civil character, particularly those arising out of commercial transactions or arising out of matrimonial relationship or family disputes should be quashed when the parties have resolved their entire disputes among themselves.

(Para 31)

B. Indian Penal Code, 1860 (45 of 1860), Section 120-B, 420, 409, 467, 468, 471 -- Prevention of Corruption Act, 1988 (49 of 1988), Section 13(1)(d), 13(2) – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Compromise quashing of criminal proceedings – Cheating/ forgery with Bank – Corruption case -- Bank and the accused persons have settled the matter – Borrowers have paid an amount of Rs.3,80,00,000/- under OTS -- After receipt of the amount under OTS, the Bank had also decided to close the loan account -- Dispute involved predominantly had overtures of a civil dispute -- Possibility of conviction is remote and bleak -- High Court ought to have exercised its jurisdiction u/s 482 CrPC and quash the criminal proceedings – Criminal proceedings quashed.

(Para 3.6, 34-39)

Code of Criminal Procedure, 1973 (2 of 1974), Section 482 – Indian Penal Code, 1860 (45 of 1860), Section 420 – Punjab Prevention of Human Smuggling Act, 2012 (2 of 2013), Section 13 – 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.

(Para 3, 5-7)

Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 528 -- Indian Penal Code, 1860 (45 of 1860), Section 389, 34 – Compromise quashing of FIR – Putting person in fear of accusation of offence, in order to commit extortion (Section 389 IPC) – Offence for which the accused have been charged are not of serious nature – Compromise will go a long way in ironing out the differences for betterment of future life of the parties – FIR alongwith all consequential proceedings arising therefrom quashed.

(Para 5, 6)

Indian Penal Code, 1860 (45 of 1860), Section 307-- Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 483 -- Attempt to murder – Regular bail -- Petitioner was arrested on 06.05.2024 and final report u/s 173 Cr.P.C. presented -- Petitioner is a first offender and there is no material on record to indicate that the petitioner is in a position to tamper with the prosecution evidence -- Further custody of the petitioner will not serve any meaningful purpose – Bail allowed.

(Para 5, 6)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 42, 43 -- 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.

(Para 2, 8, 9)

Constitution of India, Article 14 – Contractual employee -- Regularization of service -- Petitioner was appointed as a Driver in 2005 on contract basis -- Service of the petitioner was regularized in the year, 2012 -- Petitioner held entitled to regularization from the date of completion of one year contractual service after initial appointment, with all consequential benefits from the due date. Covered matter, Vikram Singh’s case 2023 :HHC: 13114 = (2023) Law Today Live Doc. Id. 19595.

(Para 7)

Bharatiya Nyaya Sanhita, 2023 (45 of 2023), Section 125(a), 281 -- Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 528 – 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.

(Para 10, 11)

Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (33 of 1989), Section 3(1)(r) – Indian Penal Code, 1860 (45 of 1860), Section 506 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Case under SC/ ST Act – Compromise quashing of FIR – FIR along with all subsequent proceedings arising therefrom quashed.

(Para 4)

Negotiable Instruments Act, 1881 (26 of 1881), Section 138 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Conviction in cheque bounce complaint – Compromise quashing of conviction and sentence – Back-out from compromise – Effect of -- As per compromise, the petitioner has already paid Rs.3,00,000/- to the complainant and the complainant pleaded no objection -- Held, resiling from the compromise by the complainant is immaterial and the continuation of the case would be an abuse of the process of the Court -- Petition allowed, complaint alongwith the judgment of conviction and order of sentence quashed on the basis of compromise.

(Para 5-8)

A. Retirement of employee -- Leave encashment – Extension of service -- Carry forward of leave encashment -- Employee retired at the age of 58 years, entitled for maximum of 300 days of leave encashment -- Employee could not apply for extension only to adjust the unutilized earned leaves as only encashment of 300 days is admissible -- Petitioner availed 29 days of leave hence, 21 days leave which is more than the 8 days leave admissible during the extension period, same is to be deducted from the total kitty of 300 days leave.

(Para 10, 11)

B. Delay in retiral benefits – Interest thereupon -- Petitioner retired from service after availing the benefit of extension on 28.02.2017 but her retiral benefits have been released on 27.06.2017 without there being any impediment -- Petitioner held entitled for the grant of benefit of interest on the delayed release of her pensionary benefits @ 6% per annum from the date the same became due till the actual payment of the same.

(Para 13)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 15, 29, 37 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- 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.

(Para 8, 9)

Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) Section 491, 492, 528 – Constitution of India, Article 21 -- Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 21, 61, 85 – 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.

(Para 10-12)

Hindu Marriage Act, 1955 (25 of 1955), Section 13 – Code of Criminal Procedure, 1973 (2 of 1974), Section 125 -- Maintenance to wife -- Divorce petition pending – Applicant is to be treated as the legally wedded wife of the respondent till the marriage between them is dissolved by a valid decree of divorce -- Maintenance cannot be denied to her simply on the ground that the respondent has filed a petition for declaring the marriage as a nullity – Husband earning Rs. 2,47,661/- and he was getting Rs.1,38,546/- after the deduction of PF and income tax -- Maintenance of Rs. 25,000/- per month cannot be said to be excessive.

(Para 16, 19)

Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 528 -- Bharatiya Nyaya Sanhita, 2023 (45 of 2023), Section 77, 115(2), 117(2), 190, 191(2), 351(3), 352 – 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.

(Para 10,11)

Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 528 – Indian Penal Code, 1860 (45 of 1860), Section 376(2)(n) – 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.

(Para 5, 6)

Indian Evidence Act, 1872 (1 of 1872), Section 65B – Primary evidence -- Original mobile tendered in evidence -- Certificate u/s 65B of Evidence Act – Requirement of -- Once the plaintiff offered to tender original mobile-phone which is a primary evidence, there was no requirement for certification under Section 65-B of the Evidence Act as the same is contemplated in a situation wherein electronic evidence is being led by way of secondary evidence.

(Para 14)

A. Indian Penal Code, 1860 (45 of 1860), Section 107, 306 -- Abetment of suicide – Ingredients fulfilled if the suicide is committed by the deceased due to direct and alarming encouragement/ incitement by the accused leaving no option but to commit suicide.

(Para 21)

B. Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Indian Penal Code, 1860 (45 of 1860), Section 107, 306 -- Abetment of suicide – Quashing of FIR -- Extreme action of committing suicide on account of great disturbance to the psychological imbalance of the deceased such incitement can be divided into two broad categories. First, where the deceased is having sentimental ties or physical relations with the accused and the second category would be where the deceased is having relations with the accused in his or her official capacity.

-- In the case of former category sometimes a normal quarrel or the hot exchange of words may result into immediate psychological imbalance, consequently creating a situation of depression, loss of charm in life and if the person is unable to control sentiments of expectations, it may give temptations to the person to commit suicide -- Relation of husband and wife, mother and son, brother and sister, sister and sister and other relations of such type, where sentimental tie is by blood or due to physical relations.

-- In the case of second category the tie is on account of official relations, where the expectations would be to discharge the obligations as provided for such duty in law and to receive the considerations as provided in law.

Former category leaves more expectations, whereas in the latter category, by and large, the expectations and obligations are prescribed by law, rules, policies and regulations -- It is for the police and the courts of law to look into the matter and see that the persons against whom allegations have been levelled are not unnecessarily harassed or they are not put to trial just for the sake of prosecuting them.

(Para 10-22)

C. Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Indian Penal Code, 1860 (45 of 1860), Section 107, 306 -- 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.

(Para 4, 23-26)

Code of Criminal Procedure, 1973 (2 of 1974), Section 437, 438 – Indian Penal Code, 1860 (45 of 1860), Section 406, 420, 120B -- Anticipatory bail -- Onerous condition -- Court can impose necessary, just and reasonable conditions while enlarging an accused on bail -- Any other condition not specified u/s 438 Cr.P.C. may also be imposed by the Court, but the other conditions, which may be imposed, must be ejusdem generis as the condition specified u/s 438 Cr.P.C.  -- Condition of tendering a FDR of Rs. 3,90,00,000/- on the case file by the petitioners was highly unwarranted, unreasonable and onerous and is liable to be set aside – Condition set aside.

(Para 10-17)

Constitution of India, Article 14 – Regularization of service -- Discrimination -- Parity -- Delay and laches – Plea of petitioners is based on discrimination which is violative of Article 14 of the Constitution of India -- If there is an infraction of Article 14 of the Constitution of India then petition cannot be dismissed on the ground of delay and laches. K. Thimmappa and others’s case, 2001 (2) SCC 259, relied -- Similarly situate counterparts had been appointed earlier with respect to whom parity sought, deserves to be allowed -- Respondent-Corporation will have to uniformly regularize contractual appointees after one year --  Petitioners are held entitled for regularization from the date of completion of one year contractual service after initial appointment, with all consequential benefits from the due date.

(Para 23-29)

A. East Punjab Urban Rent Restriction Act, 1949 (III of 1949), Section 13 – Bonafide need – Residential building as commercial -- Once the appellant/ tenant himself is running a commercial activity at the spot, he cannot complaint on this ground.

(Para 6-9)

B. East Punjab Urban Rent Restriction Act, 1949 (III of 1949), Section 13 – Subsequent eviction petition – Bonafide need – Arrears of rent – Recurring cause of action -- In eviction petition, the ground of bonafide requirement and non-payment of rent are recurring causes and that landlord is not precluded from instituting fresh proceedings -- Merely because the earlier ejectment petitions filed in 2001 were  dismissed in 2005, cannot be ground to reject the subsequent petitions, which have been filed in March, 2010 i.e. more than 08 years from the date of filing of the earlier ejectment petitions.

(Para 14-16)

C. East Punjab Urban Rent Restriction Act, 1949 (III of 1949), Section 13 – Bonafide need – Ownership/ Use and occupation of other building --  Landlord is not obliged to disclose premises, which are not in his occupation -- Property not in occupation of the landlord must be distinguished from the owned properties and that if the property is not in occupation, no disclosure is necessary.

(Para 19, 20)

D. East Punjab Urban Rent Restriction Act, 1949 (III of 1949), Section 13 – Bonafide need – Presumption -- It is not for the tenant to dictate to the landlord about her/ his bonafide necessity -- If a landlord asserts that he requires the tenanted premises to expand the business, his need must be presumed as bonafide.

(Para 29)

E. East Punjab Urban Rent Restriction Act, 1949 (III of 1949), Section 13 – Bonafide need – Old age of landlady -- Simply because the landlady has grown old, cannot be a ground to reject the ejectment petition , once she has proved her bonafide necessity.

(Para 32)

F. East Punjab Urban Rent Restriction Act, 1949 (III of 1949), Section 13, 15 – Bonafide need – Concurrent finding of fact – Power of Revisional court:

-- Revisional power of the High Court under Section on 15(6) of the Rent Act is not appellate power and so, the high court cannot reappreciate the evidence on record, whether oral or documentary only because it is inclined to take a different view of facts as it were a court of facts.

-- High Court can interfere with the findings of fact arrived at by the Rent Controller/ Appellate Authority, only if it finds that the said finding on the question of bonafide requirement is either perverse or arbitrary, or there is illegality or perversity of such a nature that it demands interference.

(Para 33-37)

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.

(Para 3-7)

Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Section 3(a), 4(2), 5 (l), 6– Indian Penal Code, 1860 (45 of 1860), Section 363, 366, 376 (2) (n), 376 (3) -- Code of Criminal Procedure, 1973 (2 of 1974), Section 161, 164, 439 -- 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.

(Para 4-7)

Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Section 3(a), 4(2), 5 (n), 6 – Indian Penal Code, 1860 (45 of 1860), Section 363, 366, 376(3), 376 (2)(n) -- Code of Criminal Procedure, 1973 (2 of 1974), Section 164, 439 -- 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.

(Para 4-7)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 8, 20 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – 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.

(Para 4-9)

Specific Relief Act, 1963 (47 of 1963), Section 16 -- Limitation Act, 1963 (36 of 1963), Section 27, Article 65 -- 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.

(Para 3, 28)

Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Section 4, 21 -- Indian Penal Code, 1860 (45 of 1860), Section 363, 366, 376, 506 – Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 483 – POCSO – Rape – Regular bail -- Petitioner is behind bars since 4.9.2022 – One is deemed to be innocent, till the time, his/her guilt is proved in accordance with law -- Guilt, if any, of the bail petitioner is yet to be proved in accordance with law -- No reason to let the bail petitioner incarcerate in jail, for an indefinite period, especially when co-accused stands enlarged on bail – Bail allowed.

(Para 1, 22-29)

A. Constitution of India, Article 226 -- Writ petition – Suppression of facts -- Deliberate suppression of relevant particulars, which were adverse to the claim -- The filing of the writ petition was, therefore, nothing short of an abuse of process and did not warrant examination on merits and liable to be non-suited on this short ground -- If there is no candid disclosure of relevant and material facts or the petitioner is guilty of misleading the Court, his petition should be dismissed at the threshold without considering the merits of the claim. K.D. Sharma’s case (2008) 12 SCC 481 relied.

(Para 12)

B. Constitution of India, Article 226 -- Writ petition – Delay and laches -- Cause of action arose in the year 1973, when the Union of India and the Defence department allegedly stopped paying rental compensation – Writ petition in the year 2006 -- A writ petition should be preferred within reasonable time -- Writ petition dismissed.

(Para 13-18)

East Punjab Urban Rent Restriction Act, 1949 (III of 1949), Section 13, 15(5) -- Code of Civil Procedure, 1908 (V of 1908), Order 6 Rule 17 – 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.

(Para 6)

East Punjab Urban Rent Restriction Act, 1949 (III of 1949), Section 13, 15(5) -- Code of Civil Procedure, 1908 (V of 1908), Order 6 Rule 17 – 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.

(Para 5-7)

Code of Civil Procedure, 1908 (V of 1908), Order 17, 18 – 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.

(Para 5, 6)

Code of Civil Procedure, 1908 (V of 1908), Order 8 Rule 1, 10 – 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.

(Para 1-4)

Code of Civil Procedure, 1908 (V of 1908), Order 8 Rule 1, 10 – 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.

(Para 6, 7)

Code of Civil Procedure, 1908 (V of 1908), Order 1 Rule 10 – 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.

(Para 1, 2)

Code of Civil Procedure, 1908 (V of 1908), Order 7 Rule 11 – 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.

(Para 1-3)