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Cr P C

Criminal Proceedings Should Not Become Weapons Of Harassment HELD Civil Dispute Given Colour Of Criminal Offence

Bysclaw

Oct 19, 2021

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By sclaw

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Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 482 — Inherent powers of High Court to quash FIR — Prevention of Corruption Act, 1988 — Allegations against former Minister (Chairman of Regularisation Committee) regarding illegal land allotments to non-eligible persons — Principles for quashing FIR reiterated, including where institution and continuance of proceedings amount to abuse of process of court or securing ends of justice, or where proceedings are manifestly attended with mala fide (Bhajanlal guidelines) — High Court should follow steps outlined in Rajiv Thapar vs. Madan Lal Kapoor to determine veracity of quashing prayer. (Paras 12, 12, I-III)

Dec 17, 2025 sclaw
Additional Accused Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 319 — Summoning of Additional Accused — Nature and Scope of Power — The power under Section 319 CrPC is extraordinary and discretionary, intended to be exercised sparingly, but it is an enabling provision aimed at ensuring that no guilty person escapes the process of law — The prerequisite for its exercise is that it must appear from the evidence adduced during inquiry or trial that a person not already arraigned as an accused has committed an offence — The object is to ensure a fair and complete trial and give effect to the maxim ‘judex damnatur cum nocens absolvitur’ (Judge is condemned when guilty is acquitted). (Paras 6, 7)

Dec 14, 2025 sclaw
Cr P C

Criminal Procedure Code (CrPC), 1973 — Section 436-A — Applicability — Undertrial detention exceeding half of maximum sentence — Section 436-A mandates release of undertrial prisoners who have undergone detention extending up to one-half of maximum period of imprisonment specified for the offence, unless further detention is ordered with reasons — Exception: This provision is explicitly inapplicable to offences for which the punishment of death has been specified as one of the possible punishments under that law. (Paras 7, 9.2, 11)

Dec 12, 2025 sclaw

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C P C Transfer Of Property Act

Transfer of Property Act, 1882 — Section 52 — Doctrine of Lis Pendens — Scope and Applicability — Transfer of mortgaged property pendente lite (after institution of suit by bank for recovery/foreclosure but before execution/attachment) is hit by Section 52 — Lack of knowledge of proceedings or possession of No Encumbrance Certificate does not constitute a valid defence against lis pendens, as the doctrine is based on public policy and binds the transferee regardless of notice — Pendency of suit commences from presentation of plaint and continues until complete satisfaction or discharge of final decree, as per Explanation to Section 52 — Where a bank institutes a suit for recovery of a loan against a mortgagor, seeking sale of the mortgaged property upon default, the right/interest in the mortgaged property is “directly and specifically in question” even if the initial decree is only a money decree. (Paras 46, 49, 50, 52, 62, 66, 67, 70)

Dec 17, 2025 sclaw
Specific Performance

Agreement to Sell — Breach of Contract — Refund of Advance — Suppression of Material Fact — Reversal of Trial Court decree by High Court — High Court relying solely on a fleeting admission in cross-examination of plaintiff regarding prior knowledge (August 25, 2008) of mortgage on property, despite agreement being executed later (September 10, 2008) and parties admitting to no prior interaction before September 2008 — Supreme Court held reliance on such solitary, abstract admission misplaced, especially as material on record indicated subsequent conduct of defendant (reducing sale price, failure to reply to legal notice alleging concealment) admitted concealment of mortgage — Trial Court judgment decreeing refund restored. (Paras 13, 21, 28, 29, 30, 31, 33)

Dec 17, 2025 sclaw
I P C

Criminal Law — Conviction based on Circumstantial Evidence — Appreciation of Evidence — Principles Governing Circumstantial Evidence — A conviction based entirely on circumstantial evidence must satisfy five conditions: (1) Circumstances must be fully established; (2) Facts established must be consistent only with the hypothesis of guilt; (3) Circumstances must be conclusive in nature and tendency; (4) They must exclude every possible hypothesis except guilt; (5) Chain of evidence must be complete, leaving no reasonable ground for any conclusion consistent with the accused’s innocence. (Para 22)

Dec 17, 2025 sclaw
State Laws

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