January 2, 2026 6:08 pm

Illegal import—Burden of proof was upon the accused to establish the foundation of charge.

Bysclaw

Apr 17, 2017

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Rajasthan Land Revenue Act, 1956 — Section 16 — Creation of Revenue Villages — Naming Convention — Circular dated 20.08.2009, Clause 4 — Policy regarding naming — Clause 4 mandates that the name of a new Revenue Village shall not be based on any person, religion, caste, or sub-caste — Names “Amargarh” and “Sagatsar” derived from names of individuals (Amarram and Sagat Singh) — Naming is in contravention of the policy circular — Policy decisions, even if executive in nature, bind the Government, and any action taken in derogation thereof (without lawful amendment or justification) is arbitrary and violative of Article 14 of the Constitution of India, 1950 — Notification dated 31.12.2020 creating ‘Amargarh’ and ‘Sagatsar’ is void to the extent it contravenes the binding policy. (Paras 15, 16, 17)

Jan 1, 2026 sclaw

M.P. Land Revenue Code, 1959 (MPLRC) — Sections 109, 110 — Mutation of Land Records — Acquisition of Right — Mutation based on a Will — The MPLRC and the Madhya Pradesh Bhu-Rajasv Sanhita (Bhu-Abhilekhon Mein Namantaran) Niyam, 2018, do not prohibit mutation based on a registered will; application for mutation based on a will must be considered on merits — Full Bench decision of the High Court confirmed that an application for mutation based on a will cannot be rejected at the threshold — Where no serious dispute is raised by the natural legal heirs of the deceased tenure holder, mutation based on a will should not be denied. (Paras 15, 18, 19, 21)

Jan 1, 2026 sclaw

Multi-State Cooperative Societies Act, 2002 — Section 103 — Cooperative societies functioning immediately before reorganisation of States — Object and scope of ‘deemed conversion’ — Section 103 does not automatically convert a cooperative society registered under a State Act into a multi-State cooperative society merely due to State reorganisation (e.g., bifurcation of Uttar Pradesh into Uttar Pradesh and Uttarakhand) — The conversion under Section 103 depends on whether the ‘objects’ of the society extend to more than one State, not merely on the statutory restructuring of the territory — Where the objects of a society remain confined to only one State after reorganisation, it continues to be governed by the applicable State Cooperative Societies Act. (Paras 9, 11, 15A, 15B, 15C, 12.18, 12.19, 14)

Dec 17, 2025 sclaw

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Penal Code, 1860 (IPC) — Section 302 read with 34, 148, and 341 — Murder —Appeal against reversal of acquittal — Appellate court’s duty in overturning acquittal — Trial court’s acquittal based on “imaginary and illusionary reasons” and misappreciation of evidence, including attributing undue significance to minor contradictions and perceived manipulation of delayed FIR submission, justifies reversal by High Court. (Paras 31, 45, 46, 52)

Jan 1, 2026 sclaw

Service Law — Central Industrial Security Force (CISF) Rules, 2001 — Rule 18(b) — Recruitment: Disqualification — Second Marriage — Rule 18(b) disqualifies a person who, having a spouse living, has entered into or contracted a marriage with another person from appointment to the Force — Respondent, a CISF Constable, was dismissed from service for marrying a second time while his first marriage subsisted, violating Rule 18(b) — Held, the rule is a service condition intended to maintain discipline, public confidence, and integrity in the Force, and is not a moral censure — The rule is clear and mandatory, and the maxim “dura lex sed lex” (the law is hard, but it is the law) applies — The statutory rule prescribing penal consequences must be strictly construed — Dismissal upheld. (Paras 2, 3, 7, 9)

Jan 1, 2026 sclaw

Penal Code, 1860 (IPC) — Section 366A, 372, 373, 34 — Immoral Traffic (Prevention) Act, 1956 (ITPA) — Section 3, 4, 5, 6 — Child Trafficking and Commercial Sexual Exploitation — Evidence of Minor Victim — Appreciation of Evidence — Concurrent findings of fact by Trial Court and High Court regarding conviction for procuring and sexually exploiting a minor victim upheld — Prosecution case substantially corroborated by testimony of minor victim (PW-13), decoy witness (PW-8), independent witness (PW-12), and recovery of incriminating articles — Minor contradictions in testimony (e.g., about forcible sexual intercourse causing injury, or apartment topography) do not vitiate the prosecution case, as the consistent version of the victim establishes procurement for sexual exploitation. (Paras 5, 6, 8, 9, 10, 12, 13)

Jan 1, 2026 sclaw

Bail Declined Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 439(2) — Cancellation of Bail — Annulment of Bail — Distinction — Cancellation of bail is generally based on supervening circumstances and post-bail misconduct; Annulment of an order granting bail is warranted when the order is vitiated by perversity, illegality, arbitrariness, or non-application of mind — High Court granted bail ignoring prior cancellation of bail due to commission of murder by accused (while on bail) of a key witness in the first case, and failed to consider the gravity of offenses (including under SC/ST (POA) Act) and threat to fair trial — Such omissions and reliance on irrelevant considerations (existence of civil dispute) render the bail order perverse and unsustainable, justifying annulment by the Supreme Court. (Paras 12, 12.1, 12.2, 12.4, 12.5)

Jan 1, 2026 sclaw