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Criminal Procedure Code, 1973 — Section 319 — Power to proceed against other persons appearing to be guilty of offence — Application for summoning additional accused — High Court quashed summons issued against them — Whether High Court was justified — Held, no. — Evidence of eyewitnesses, though prima facie, suggested complicity of the applicant, assigning specific role and indicating presence at scene armed with weapon of offence — High Court applied standard of conviction rather than standard of satisfaction required for summoning — Standard for summoning is more than prima facie case but less than conviction — Summoning order restored. Transfer of Property Act, 1882 — Section 106 — Notice terminating tenancy — Service by registered post — Return with endorsement “ND” (Not Delivered) — General Clauses Act, 1897 — Section 27 — Deemed service — High Court set aside ejectment decree solely on ground of “ND” endorsement, misinterpreting deemed service provisions — Supreme Court held High Court erred in not considering Section 27 of GC Act regarding deemed service by registered post. Pension Law — Family Pension — Eligibility of ‘Substitutes’ in Railways — deceased husband of the appellant was appointed as a ‘Substitute Waterman’ and died in harness after serving for 9 years, 8 months, and 26 days — Railways denied family pension on the grounds that his service was not regularized and did not meet the 10-year qualifying period for family pension — Appellant contended that as per Indian Railway Establishment Manual Vol-I, Rule 1515 and Railway Service (Pension) Rules, 1993, especially Rule 75(2)(a), substitutes with continuous service of one year are entitled to family pension. Held, deceased had acquired temporary status and completed more than one year of continuous service, thus eligible for family pension. Hindu Succession Act, 1956 — Section 2(2) — Exclusion of Scheduled Tribes — The Act does not apply to members of Scheduled Tribes unless the Central Government directs otherwise by notification. Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act) — Section 18(2) — Conciliation proceedings — Referring time-barred claims — Time-barred claims can be referred to conciliation as the expiry of the limitation period does not extinguish the right to recover the amount, and a settlement agreement reached through conciliation is akin to a contract for repayment of a time-barred debt, recognized under Section 25(3) of the Contract Act
Cr P C

Criminal Procedure Code, 1973 — Section 319 — Power to proceed against other persons appearing to be guilty of offence — Application for summoning additional accused — High Court quashed summons issued against them — Whether High Court was justified — Held, no. — Evidence of eyewitnesses, though prima facie, suggested complicity of the applicant, assigning specific role and indicating presence at scene armed with weapon of offence — High Court applied standard of conviction rather than standard of satisfaction required for summoning — Standard for summoning is more than prima facie case but less than conviction — Summoning order restored.

Jul 20, 2025 sclaw
C P C Property Matters Transfer Of Property Act

Transfer of Property Act, 1882 — Section 106 — Notice terminating tenancy — Service by registered post — Return with endorsement “ND” (Not Delivered) — General Clauses Act, 1897 — Section 27 — Deemed service — High Court set aside ejectment decree solely on ground of “ND” endorsement, misinterpreting deemed service provisions — Supreme Court held High Court erred in not considering Section 27 of GC Act regarding deemed service by registered post.

Jul 20, 2025 sclaw
Criminal Procedure Code, 1973 — Section 319 — Power to proceed against other persons appearing to be guilty of offence — Application for summoning additional accused — High Court quashed summons issued against them — Whether High Court was justified — Held, no. — Evidence of eyewitnesses, though prima facie, suggested complicity of the applicant, assigning specific role and indicating presence at scene armed with weapon of offence — High Court applied standard of conviction rather than standard of satisfaction required for summoning — Standard for summoning is more than prima facie case but less than conviction — Summoning order restored.
Cr P C
Criminal Procedure Code, 1973 — Section 319 — Power to proceed against other persons appearing to be guilty of offence — Application for summoning additional accused — High Court quashed summons issued against them — Whether High Court was justified — Held, no. — Evidence of eyewitnesses, though prima facie, suggested complicity of the applicant, assigning specific role and indicating presence at scene armed with weapon of offence — High Court applied standard of conviction rather than standard of satisfaction required for summoning — Standard for summoning is more than prima facie case but less than conviction — Summoning order restored.
Transfer of Property Act, 1882 — Section 106 — Notice terminating tenancy — Service by registered post — Return with endorsement “ND” (Not Delivered) — General Clauses Act, 1897 — Section 27 — Deemed service — High Court set aside ejectment decree solely on ground of “ND” endorsement, misinterpreting deemed service provisions — Supreme Court held High Court erred in not considering Section 27 of GC Act regarding deemed service by registered post.
C P C Property Matters Transfer Of Property Act
Transfer of Property Act, 1882 — Section 106 — Notice terminating tenancy — Service by registered post — Return with endorsement “ND” (Not Delivered) — General Clauses Act, 1897 — Section 27 — Deemed service — High Court set aside ejectment decree solely on ground of “ND” endorsement, misinterpreting deemed service provisions — Supreme Court held High Court erred in not considering Section 27 of GC Act regarding deemed service by registered post.
Pension Law — Family Pension — Eligibility of ‘Substitutes’ in Railways — deceased husband of the appellant was appointed as a ‘Substitute Waterman’ and died in harness after serving for 9 years, 8 months, and 26 days — Railways denied family pension on the grounds that his service was not regularized and did not meet the 10-year qualifying period for family pension — Appellant contended that as per Indian Railway Establishment Manual Vol-I, Rule 1515 and Railway Service (Pension) Rules, 1993, especially Rule 75(2)(a), substitutes with continuous service of one year are entitled to family pension. Held, deceased had acquired temporary status and completed more than one year of continuous service, thus eligible for family pension.
Pension Railways Act Service
Pension Law — Family Pension — Eligibility of ‘Substitutes’ in Railways — deceased husband of the appellant was appointed as a ‘Substitute Waterman’ and died in harness after serving for 9 years, 8 months, and 26 days — Railways denied family pension on the grounds that his service was not regularized and did not meet the 10-year qualifying period for family pension — Appellant contended that as per Indian Railway Establishment Manual Vol-I, Rule 1515 and Railway Service (Pension) Rules, 1993, especially Rule 75(2)(a), substitutes with continuous service of one year are entitled to family pension. Held, deceased had acquired temporary status and completed more than one year of continuous service, thus eligible for family pension.
Hindu Succession Act, 1956 — Section 2(2) — Exclusion of Scheduled Tribes — The Act does not apply to members of Scheduled Tribes unless the Central Government directs otherwise by notification.
Will & Succession
Hindu Succession Act, 1956 — Section 2(2) — Exclusion of Scheduled Tribes — The Act does not apply to members of Scheduled Tribes unless the Central Government directs otherwise by notification.
I P C

Unlawful Assembly–Common Object–Expression “Knew”– Even if the offence committed is not in direct prosecution of the common object of the assembly, it may yet fall under Section 141 IPC, if it can be held that the offence was such as the members knew was likely to be committed.

Apr 8, 2017 sclaw

2007(2) LAW HERALD (SC)  1071 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice Lokeshwar Singh Panta Criminal Appeal No. 359 of…

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Cr P C

Criminal Procedure Code, 1973 — Section 319 — Power to proceed against other persons appearing to be guilty of offence — Application for summoning additional accused — High Court quashed summons issued against them — Whether High Court was justified — Held, no. — Evidence of eyewitnesses, though prima facie, suggested complicity of the applicant, assigning specific role and indicating presence at scene armed with weapon of offence — High Court applied standard of conviction rather than standard of satisfaction required for summoning — Standard for summoning is more than prima facie case but less than conviction — Summoning order restored.

Jul 20, 2025 sclaw
C P C Property Matters Transfer Of Property Act

Transfer of Property Act, 1882 — Section 106 — Notice terminating tenancy — Service by registered post — Return with endorsement “ND” (Not Delivered) — General Clauses Act, 1897 — Section 27 — Deemed service — High Court set aside ejectment decree solely on ground of “ND” endorsement, misinterpreting deemed service provisions — Supreme Court held High Court erred in not considering Section 27 of GC Act regarding deemed service by registered post.

Jul 20, 2025 sclaw
Pension Railways Act Service

Pension Law — Family Pension — Eligibility of ‘Substitutes’ in Railways — deceased husband of the appellant was appointed as a ‘Substitute Waterman’ and died in harness after serving for 9 years, 8 months, and 26 days — Railways denied family pension on the grounds that his service was not regularized and did not meet the 10-year qualifying period for family pension — Appellant contended that as per Indian Railway Establishment Manual Vol-I, Rule 1515 and Railway Service (Pension) Rules, 1993, especially Rule 75(2)(a), substitutes with continuous service of one year are entitled to family pension. Held, deceased had acquired temporary status and completed more than one year of continuous service, thus eligible for family pension.

Jul 20, 2025 sclaw
Will & Succession

Hindu Succession Act, 1956 — Section 2(2) — Exclusion of Scheduled Tribes — The Act does not apply to members of Scheduled Tribes unless the Central Government directs otherwise by notification.

Jul 20, 2025 sclaw