Identity of Driver in Road Accident – Conviction Challenged – Failure to Establish Identity – Petitioner convicted for offences under Sections 279, 427, and 304-A IPC arising from a road accident – Conviction maintained in appeal – Revision filed against concurrent findings of conviction – Identity of petitioner as driver of offending vehicle disputed – Prosecution heavily reliant on testimonies of close relatives of deceased – Caution exercised in evaluating their testimonies – Material contradictions and improvements in testimonies of eyewitnesses noted – Testimonies deemed unreliable – Owner of offending vehicle turned hostile and denied producing accused before police – Prosecution failed to establish accused’s identity as driver beyond reasonable doubt – Conviction set aside – Petitioner acquitted of charges and discharged from bonds. [Paras 4-17]

Decision: Revision allowed – Judgment of conviction and order of sentence set aside – Petitioner acquitted of charges and discharged from bonds. [Para 17]

Interest on Compensation – Land Acquisition Act, 1894 – Examination of taxability of interest earned on compensation or enhanced compensation ordered under Land Acquisition Act, 1894 – Question of whether such interest falls under Income Tax Act, 1961 provisions [Paras 1, 18].

Income Tax Appellate Tribunal (ITAT) Decision – Reversed by High Court – ITAT deleted addition made by Assessing Officer under Section 56(2)(viii) for AY 2016-17 – High Court finds ITAT decision unsustainable, set aside ITAT order, affirmed AO and CIT(A) findings [Paras 2, 11, 30-31].

Assessing Officer’s (AO) Action – Taxation of Interest – AO treated interest as income chargeable to tax under Section 56(2)(viii), allowing statutory deduction of 50% under Section 57(iv) – High Court finds AO’s action aligned with law post-amendment [Paras 9, 29].

Relevance of Supreme Court Decisions – ITAT’s reliance on Ghanshyam (HUF) [(2009) 315 ITR 1 (SC)] found incorrect – Decision precedes critical 2010 amendment affecting taxability of interest on compensation [Paras 11, 30].

Legislative Amendment Impact – Finance (No.2) Act, 2009 – Amendment introduced Section 56(2)(viii) effective from 01.04.2010 – Changed landscape of taxability of interest on compensation, making it taxable under “income from other sources” [Paras 22, 29].

Decision: High Court reverses ITAT decision, upholds AO and CIT(A) findings – Interest on compensation post Land Acquisition is taxable under Income Tax Act, 1961, post 2010 amendment – ITAT’s reliance on pre-amendment Supreme Court decisions found incorrect – Appeal allowed. [Paras 30-31].

Contract Law – Recovery of Money – Suit for recovery based on credit katha for yarn trade – Appellants contested the claim asserting discharge of dues through payments – Trial court decreed in favor of plaintiff for Rs. 88,070.50 with 6% interest p.a. – Appeal challenging the trial court’s judgment dismissed – Court upheld the trial court’s findings that the appellants failed to prove discharge of debt – Each party to bear their own costs [Paras 1-18].

Registration and Legal Entity – Dispute over plaintiff’s legal entity status due to non-registration – Court held that the plaintiff was a registered firm eligible to sue – Reliance placed on Ex.A1 to Ex.A9 credit bills proving transactions – Defendants’ counter-claim of excess payments dismissed due to lack of proof [Paras 5, 13-16].

Evidentiary Matters – Defendant’s burden to prove discharge of debt not met – Admission by DW1 (first appellant) regarding transactions under Ex.A1 to Ex.A9 – Ex.B1 cheque and other payments not substantiated with proper documentary proof – Court emphasized consistency and credibility of plaintiff’s ledger and documentary evidence [Paras 12-15].

Decision:

Appeal dismissed – Decree and judgment by trial court affirmed – Each party to bear own costs [Para 18].

Narcotics Control – Bail Application – Commercial Quantity of Narcotics – Petitioners were part of a group accused of transporting 217.525 kg of heroin – Defence claimed petitioners were unaware of the contraband and were merely fishermen – Prosecution opposed bail, citing substantial evidence of involvement – Court held that conditions under Section 37 of NDPS Act were not satisfied – Bail denied [Paras 1-8].

Involvement and Knowledge of Contraband – Petitioners argued lack of knowledge about the narcotics – Confession statements recorded under Section 67 of the NDPS Act deemed inadmissible based on Tofan Singh judgment – However, other evidence, including independent witness statements and call records, implicated petitioners – Court found prima facie involvement [Paras 3-13].

Section 37 NDPS Act – Conditions for Bail – Court reiterated that bail in cases involving commercial quantity of narcotics requires satisfaction of conditions under Section 37 – Reasonable grounds to believe accused are not guilty and will not commit offences while on bail – Court not satisfied with petitioners' arguments – Bail applications dismissed [Paras 14-20].

Decision - Bail applications of petitioners dismissed. The Court held that the petitioners did not satisfy the conditions under Section 37 of the NDPS Act, and the evidence presented by the prosecution established prima facie involvement in the crime.

Regular Bail - Section 306 IPC - Suicide - Allegations against the petitioners of abetment to suicide - Prayer for regular bail - Compromise between petitioners and complainant - Suicide note recovered but veracity yet to be established by handwriting expert - Petitioners behind bars since February 7, 2024 - Trial yet to commence - Likelihood of complainant not supporting prosecution due to compromise - Court's discretion to grant bail balancing presumption of innocence and gravity of offense - Bail not to be withheld as punishment - Precedents emphasizing liberty, justice, and public safety - Court deems it fit and appropriate to grant bail to petitioners - Bail granted on furnishing bail and surety bond to satisfaction of concerned magistrate - Future indulgence in similar offenses may lead to cancellation of bail - Observations for deciding present petition only, without affecting trial merits.

Arbitration Proceedings - Non-filing of Written Statement of Defence - Dismissal of Application under Section 151 CPC for Placing Documents on Record - High Court dismisses application under Section 151 CPC for placing documents on record, as the appellant failed to file a written statement of defence before the Arbitrator during arbitration proceedings. No cogent reason provided for the belated submission of documents. Application dismissed. [Paras 1-2]

Arbitration and Conciliation Act, 1996 - Section 34 Petition - Challenge to Arbitral Award - Failure to Contest Claim - Dismissal of Petition - Appellants fail to submit a written statement of defence during arbitration proceedings, only making verbal submissions. Arbitral award passed in favor of respondent. High Court dismisses petition under Section 34 of the 1996 Act, stating no fault could be found with the award due to appellants' failure to participate effectively. [Paras 2(ii)-11]

Grounds for Interference with Arbitral Award - Limited Scope - Court's Role - Court does not sit in appeal over arbitral award but may interfere on limited grounds, including violation of public policy or patent illegality. No independent assessment of merits of the award permitted. [Paras 7-13]

Decision: Dismissal of Application under Section 151 CPC - High Court dismisses the application for placing documents on record, citing failure to file a written statement of defence during arbitration proceedings. [Para 2]

Dismissal of Petition under Section 34 of the Arbitration and Conciliation Act, 1996 - High Court upholds the dismissal of the petition challenging the arbitral award, noting appellants' failure to effectively contest the claim during arbitration proceedings. No violation of principles of natural justice found. Appeal deemed devoid of merit and dismissed. [Paras 10-11]

Quashing of Complaint and Related Proceedings under Section 482 CrPC - Petition filed by the petitioner under Section 482 CrPC seeking quashing of complaint No. COMA/736/2017 pending in the Court of ld. Chief Judicial Magistrate, Ludhiana, under Section 276CC of Income Tax Act, 1961, along with summoning order and framing of charges - Petitioner contends that matter has been settled by the Settlement Commission granting immunity from prosecution - Respondent failed to contest the petition.

Settlement Commission Proceedings and Immunity - Petitioner had moved an application for settlement before the Settlement Commission which granted immunity from prosecution vide order dated 21.06.2018 - Despite immunity granted, respondent continued prosecution against petitioner.

Precedents and Legal Analysis - Court refers to relevant legal precedents where proceedings were quashed upon grant of immunity by Settlement Commission before institution of prosecution proceedings - Court emphasizes gross misuse of process of law in continuing complaint despite grant of immunity.

Decision - Court quashes complaint, summoning order, and framing of charges against petitioner - Proceedings deemed misuse of process of law in light of immunity granted by Settlement Commission.

NDPS Act Conviction – Appellants charged under Sections 21(c) and 27A of NDPS Act for possession and financing illegal narcotics trade – Recovery of phensedyl cough syrup from Narayan Yadav upheld - Conviction and sentencing of Narayan Yadav under Section 21(c) maintained but under Section 27A set aside due to lack of evidence of financing illegal trade [Paras 21-26, 55-57].

Evidence and Compliance – Compliance with Section 42(2) of NDPS Act not required due to presence of gazetted officers during the raid - Compliance with Section 52A observed for certification of seized narcotics by Judicial Magistrate - Conviction based on corroborated testimony of raiding police officers and documentary evidence [Paras 27-29, 30-41].

Absence of Direct Evidence against Login Das – Prosecution failed to prove Login Das's complicity due to lack of direct evidence linking him to the crime - Reliance on seizure list from another case insufficient to establish guilt - Conviction and sentence of Login Das set aside [Paras 45-53, 58].

Appeal Outcomes – CRA 236 of 2020 partly allowed, convicting Narayan Yadav under Section 21(c) and acquitting him under Section 27A - CRA 97 of 2020 allowed, acquitting Login Das [Paras 57-58].

Quashing of FIR and Charge-sheet – Criminal Revisional Jurisdiction – Petition for quashing proceedings under Sections 420/120B/34 of the IPC – Allegations of cheating and fraudulent inducement in vehicle purchase transaction – Company and its directors accused – Petitioner a director of the company – Alleged cancellation of agreement and non-refund of advance amount – Consumer complaint also filed – Supreme Court judgments cited establishing distinction between civil wrongs and criminal offences, emphasizing need for fraudulent or dishonest inducement for cheating under Section 420 IPC – Requirement of active role and criminal intent for vicarious liability of directors – Complaint not imputing liability to company or its responsible individuals – Prosecution of petitioner alone held as abuse of process of law – Proceedings quashed for all accused. [Paras 1-25]

Role of Directors in Corporate Criminal Liability – Analysis – Court cites Supreme Court precedents regarding conditions for prosecution of directors in corporate criminal liability cases – Emphasizes need for sufficient evidence of active role and criminal intent – Clarifies that without statutory provision or specific act attributing liability, prosecution of directors alone is impermissible – Complaint lacks imputation of liability to company or responsible individuals – Prosecution of petitioner as director held unsustainable. [Paras 15-18]

Decision – Quashing of FIR and Charge-Sheet against Petitioner – Court allows the petition, quashing proceedings against all accused including the petitioner – Finds prosecution of petitioner alone without imputation of liability to company or responsible individuals as abuse of process of law – Orders quashing of proceedings and disposal of connected applications – No costs imposed – Interim order vacated – Copy of judgment to be sent to trial court for compliance. [Paras 19-25]