Search Judgments

(Divorce by Mutual Consent, Breach of Settlement, and Quashing of DV Proceedings)

The Protection of Women from Domestic Violence Act, 2005 (Section 12), the Hindu Marriage Act, 1955 (Sections 13B(1) & 13B(2)), and the Constitution of India (Article 142(1)) - The Appellant-Husband and Respondent-Wife, married in 2000 with two adult children, separated in 2022-23. Following a divorce petition by the husband, a mediated Settlement Agreement (16.05.2024) was reached. Its terms included mutual consent divorce, the husband withdrawing his existing petition, payment of Rs. 1.5 Crores to the wife (in two installments), Rs.

Motor Vehicles Act, 1988 – Compensation for Motor Accident Claims – Computation of Income – The case concerns appeals against a High Court judgment modifying an award by the Motor Accident Claims Tribunal (MACT) regarding compensation for injuries sustained in a motor vehicle accident. The key issues involve the calculation of loss of income, assessment of disability, consideration of future prospects, and the applicable interest rate.

The High Court erred in deducting pension benefits from the claimant’s salary when calculating loss of income. Furthermore, it failed to award compensation for future prospects, despite the claimant’s age and potential for promotion.

Motor Vehicles Act, 1988 – This appeal concerns a motor accident claim where the High Court reduced the compensation awarded by the Tribunal. The accident occurred on March 7, 2014, resulting in the death of Laxman Das Mahour, who was struck by a bus. The Tribunal initially awarded Rs. 28,66,994, but the High Court lowered it to Rs.

Indian Penal Code, 1860 (IPC) Section 302 read with Section 149;

This judgment addresses two criminal appeals arising from a common judgment by the Patna High Court, which upheld the conviction of several individuals for murder under Section 302 read with Section 149 of the Indian Penal Code, 1860 (IPC). The case originates from an incident on November 20, 1988, where a group of individuals, allegedly part of an unlawful assembly, attacked the informant, Jagdish Mahato (PW-20), and his brother, resulting in the death of his brother Meghu Mahato and Sarjug Mahato.

The prosecution examined 24 witnesses. The Trial Court convicted 21 accused, which was appealed to the High Court.

Negotiable Instruments Act, 1881 – Section 138 – Dishonour of cheque – “Payment stopped by drawer” endorsement – Legally enforceable debt or liability. A cheque issued conditionally, where the condition precedent (securing signatures of legal heirs on a confirmation deed) is not fulfilled by the payee, does not constitute a legally enforceable debt or liability under Section 138 of the Negotiable Instruments Act. The drawer’s instruction to stop payment in such a scenario, especially when sufficient funds are available, does not attract the penal provisions of Section 138.

Criminal Procedure Code, 1973 – Section 313(b) – Examination of Accused. The denial by the Accused of incriminating evidence during examination under Section 313(b) Cr.P.C., coupled with probable defence evidence, can rebut the presumption under Section 139 of the Negotiable Instruments Act.

Dishonour by “Payment Stopped by Drawer”: Even if a cheque is dishonoured with the endorsement “payment stopped by drawer” and sufficient funds are available, the provisions of Section 138 NI Act are not attracted if the underlying transaction lacked a present legally enforceable debt due to non-fulfillment of a pre-condition for its issuance.

Constitution of India, 1950 – Article 32 & 142 – Securities and Exchange Board of India (SEBI) Act, 1992 – Prize Chits and Money Circulation Scheme (Banning) Act, 1978 – Maharashtra Protection of Interest of Depositors (in Financial Establishment) Act, 1999 (MPID Act)

Collective Investment Schemes (CIS) – Attachment and Liquidation of Assets – Investor Refund – Petitioners sought directions for liquidation of attached assets by SEBI and distribution to investors. Court invoked Article 142 to constitute a High-Powered Sale Committee (HPSC) to oversee the auction and sale of properties of Sai Prasad Group of Companies and refund of investor money.

Interim Bail – Article 142 – Given the prolonged incarceration of Petitioner Nos. 1 and 2 and to facilitate the sale and disbursement process, interim bail granted to them.

Unlawful Activities (Prevention) Act, 1967 (UAPA) – Sections 13, 18, 18A, 20, 43D(5) – Indian Penal Code (IPC) – Sections 121, 121A, 122

Bail under UAPA – Section 43D(5) Prima Facie True Test – The Supreme Court reiterated that when considering bail under Section 43D(5) of UAPA, the court must objectively examine the material in the charge sheet to determine if there are reasonable grounds for believing that the accusation is prima facie true. The Court emphasized that this involves taking the charge sheet “as it is” and not conducting a mini-trial or detailed evaluation of evidence.

Misrepresentation of Witness Statements in Charge Sheet – The Court critically noted that a protected witness’s statement in the charge sheet was substantially distorted and inaccurate, with statements attributed to the witness that were not actually made. This raised concerns about the fairness of the investigating agency.

Land Acquisition Act, 1894 – Sections 4(1), 6, 9(3), 10 and 11 – Challenge to Notifications issued under Section 4(1) and Declarations under Section 6, seeking exclusion of lands from an integrated urban development project – The writ petitions challenged the acquisition proceedings initiated under the Land Acquisition Act, 1894, for lands in Sowripalayam and Uppilipalayam Villages, acquired for an integrated urban development scheme. The petitioners argued that objections were not properly considered, selective land release was arbitrary, and the original object of the scheme was no longer feasible. The Tamil Nadu Housing Board (TNHB) contended that the acquisition was valid, possession was taken, compensation was deposited, and the housing scheme could still be implemented in the available lands. The court also considered the subsequent developments in the area and the feasibility of implementing the original scheme.