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Negotiable Instruments Act, 1881 – Section 118 –This appeal arises from a suit for recovery of money based on a promissory note. The plaintiff claimed the defendant borrowed Rs. 9,00,000 and executed a promissory note, which the defendant denied, alleging he signed a blank stamp paper for loans to colleagues, which he later repaid.

The trial court decreed the suit in favor of the plaintiff.

The Indian Penal Code, 1860 (IPC) Sections 306 and 498-A R/w 304-B  – This case concerns an appeal against a High Court judgment that upheld the trial court’s conviction of the appellant for offences under Sections 306 and 498-A of the Indian Penal Code, 1860 (IPC), and Section 4 of the Dowry Prohibition Act, 1961. The appellant, the brother-in-law (Jeth) of the deceased, was accused of harassing the deceased, who died by suicide due to severe burn injuries. The prosecution’s case was that the deceased was subjected to harassment by her husband, in-laws, and the appellant, primarily related to dowry demands.

The trial court initially framed a charge under Section 304-B IPC (dowry death) but acquitted the accused of this charge, convicting them instead under Sections 306 (abetment of suicide) and 498-A IPC (cruelty to a married woman), and Section 4 of the Dowry Prohibition Act.

State Financial Corporations Act, 1951 – Section 31(a), 31(aa), and 32 – This case pertains to a petition filed by the Tamilnadu Industrial Investment Corporation Limited (TIIC) against M/s. Pulsar Electronics Limited (Company) and its guarantors, seeking recovery of a balance loan amount. The Company had availed a term loan from TIIC in 1987, with respondents 2 to 8 acting as guarantors. Due to default in repayment, TIIC took possession of the mortgaged property in 1994.

Indian Penal Code, 1860 (IPC) – Sections 406, 420, 323, 504, 506, and 120-B; Code of Criminal Procedure, 1973 (Cr.P.C.) – Section 91, 157, 173(2), and 482; Constitution of India – Article 226 – Quashing of FIR – Exercise of extraordinary power – The appeal challenges a judgment of the High Court refusing to quash an FIR registered against the appellant under Sections 406, 420, 323, 504, 506, and 120-B of the IPC. The FIR alleges default in payment to the complainant’s company by another company, with vague allegations against the appellant, a Project Manager in a related company.

The Supreme Court examined the FIR and found no specific allegations against the appellant or his company, HEC India LLP. The court highlighted that the complainant sought registration of the case to recover the mentioned amount, which the court deemed inappropriate grounds for initiating criminal proceedings against the appellant.

• Criminal Law – Circumstantial Evidence: In cases based on circumstantial evidence, the prosecution must establish a complete chain of circumstances that points exclusively to the guilt of the accused, excluding every other reasonable hypothesis consistent with innocence. The circumstances “must” or “should” be proved, not “may be” proved.
  • “Last Seen Together” Theory: When the accused is last seen with the deceased, especially a small child, and the time gap between “last seen” and death is short, the accused has a burden under Section 106 of the Indian Evidence Act, 1872, to offer a plausible and satisfactory explanation for how they parted company. Failure to offer a reasonable explanation forms an additional link in the chain of circumstances pointing to guilt.
  • Conduct as Evidence (Section 8, Indian Evidence Act, 1872): The conduct of an accused, such as leading investigators to the scene of the crime or to the hiding place of articles connected to the crime, is relevant and admissible under Section 8 of the Evidence Act, irrespective of the admissibility of a formal discovery statement under Section 27.
• Protection of Children from Sexual Offences (POCSO) Act, 2012:
  • Section 3 (Penetrative Sexual Assault), Section 5 (Aggravated Penetrative Sexual Assault), Section 6 (Punishment): The post-mortem report detailing injuries indicative of aggressive penetrative sexual assault, coupled with medical evidence of injuries on the accused’s private parts and matching blood groups, provides strong evidence for these offenses.
  • Section 29 (Presumption as to certain offenses): Once foundational facts for offenses under Sections 3, 5, 7, and 9 of POCSO Act are established, the Special Court shall presume that the accused committed or abetted the offense unless the contrary is proved.
  • Section 30 (Presumption of culpable mental state): In offenses requiring a culpable mental state, the Special Court shall presume its existence, with the burden on the accused to prove otherwise beyond reasonable doubt.
  • DNA Test – Not always Fatal to Prosecution: The absence of a DNA test, while advisable, is not necessarily fatal to the prosecution’s case if other strong circumstantial evidence forms a complete chain pointing to the accused’s guilt.
• Indian Penal Code, 1860 – Section 364 (Kidnapping or abducting in order to murder): Enticing a minor child away from their lawful guardian under false pretenses (e.g., offering ice cream) and without consent, leading to their death, establishes the offense of kidnapping with intent to murder.
• Indian Penal Code, 1860 – Section 377 (Unnatural Offences): Evidence of penetrative sexual assault through the anus clearly establishes an offense under this section.

Final Decision:      The Court upheld the conviction of the appellant for the offenses punishable under Sections 302 (Murder), 364 (Kidnapping in order to murder), and 377 (Unnatural Offenses) of the Indian Penal Code, 1860, and Sections 4 (Punishment for penetrative sexual assault) and 6 (Punishment for aggravated penetrative sexual assault) of the Protection of Children from Sexual Offences Act, 2012.

Khazi’s Act, 1880 (Act 12 of 1880) Section 4 – This writ petition challenges a circular issued by the Chief Khazi of the Tamil Nadu Government, which sought to regulate certain religious practices during Namaz in mosques, specifically regarding covering the head with a cap and the symbolic movement of the index finger during worship.

The petitioner argued that the Chief Khazi’s directions were not universally accepted religious beliefs and that a subsect believed otherwise. The Chief Khazi countered that the practices went against religious beliefs.

The court acknowledged that it could not determine the religious correctness of either claim under Article 226, suggesting the parties present evidence in a civil court.

Indian Penal Code, 1860 (IPC) – Sections 304 Part I, 302, 201, 34 and Evidence Act, 1872 – Section 27 – This case involves an appeal against a High Court judgment that altered the conviction of the appellants from murder (Section 302/34 IPC) to culpable homicide not amounting to murder (Section 304 Part I IPC), reducing the sentence from life imprisonment to 7 years. The prosecution’s case rested on circumstantial evidence, including the deceased being last seen with the accused, recovery of a meat bag, and the discovery of blood-stained stones allegedly at the instance of the accused.

The Supreme Court analyzed the evidence and legal principles regarding circumstantial evidence, emphasizing that the circumstances must be fully established, point unerringly towards guilt, form a complete chain, be consistent with guilt only, and exclude every other hypothesis.

The Court found that the prosecution failed to prove the incriminating circumstances beyond a reasonable doubt.

Specific Relief Act, 1963 – Section 16(c) – This Second Appeal was filed by the defendant to challenge the judgment and decree passed by the Principal District Judge, which had reversed the Trial Court’s decision in a suit for specific performance of a sale agreement. The plaintiff had sought specific performance of an agreement to sell, claiming readiness and willingness to perform their part of the contract.

The Trial Court initially refused specific performance but ordered the defendant to refund Rs. 3,40,000/-.

Motor Vehicles Act, 1988 – This Civil Miscellaneous Appeal was filed by the Insurance Company against the judgment and decree passed by the Motor Accident Claims Tribunal, Madurai, in M.C.O.P.No.1298 of 2019. The claimant sought compensation for injuries sustained in a bus accident caused by the driver’s rash and negligent driving. The claimant’s left hand fingers were severed, leading to permanent disability. The Insurance Company contested the quantum of compensation awarded by the trial court, arguing it was excessive and that the multiplier method was improperly applied, especially since the claimant continued to work after the accident.

Tamil Nadu Land Encroachment Act, 1905 – Sections 6, 7, and 10 – Eviction Order Challenge.

The writ petition challenges an eviction order issued under Section 6 of the Tamil Nadu Land Encroachment Act, 1905, by the Tahsildar regarding property claimed by the petitioner’s family for generations.

The petitioner argues the eviction order is a non-speaking order, failing to address his submissions and that the land is classified as “Natham,” making the Act inapplicable. The petitioner also contends that no proper survey was conducted.