Bail Application – Regular Bail – Petitioner seeks regular bail in a case involving charges under Sections 302, 307, 148, 149 of the Indian Penal Code, 1860, and other sections – Petitioner claims false implication and absence from the incident scene – State opposes bail citing gravity of allegations and common intention of an unlawful assembly – Court examines evidence, including statements under Section 161 Cr.P.C., and rejects bail application. [Para 1-11]

Legal Precedent – Reference to the judgment of the Hon'ble Supreme Court in 'Kumer Singh vs. State of Rajasthan and another' – Emphasis on the non-consideration of individual roles when accused are part of an unlawful assembly and charged with serious offenses – Application of this principle to the present case. [Para 10]

Decision – Bail application dismissed considering the gravity of allegations and the common intention of an unlawful assembly – Petitioner's claim of false implication not accepted based on evidence, including statements under Section 161 Cr.P.C. [Para 11]

Conviction Under NDPS Act: Petitioner convicted and sentenced under Sections 8/15(c) of NDPS Act; challenges conviction citing procedural irregularities and incorrect legal interpretation by the trial court - [Para 1].

Contention on Seizing Officer's Authority: Petitioner argues non-compliance with Section 42 of NDPS Act; seizing officer not authorized as S.H.O., thus rendering the search and seizure process invalid - [Para 2].

Prosecution's Stance: Opposes suspension of sentence, citing the recovery of a commercial quantity of contraband, invoking Section 37 of NDPS Act - [Para 3].

Critical Examination of Seizing Officer's Role: Court notes issues with the legitimacy of the seizing officer's role, referencing precedent on the need for specific authorization under Section 42 of NDPS Act - [Paras 4, 7-9].

Admission of Procedural Flaws: Acknowledgment of non-compliance with Section 42(2) of NDPS Act and premature engagement of independent witnesses during seizure - [Para 5].

Suspension of Sentence and Bail Granted: Sentence suspended considering potential merit in appeal, duration of sentence served, and procedural errors; bail granted with specific conditions - [Paras 6-8].

Bribery and Misconduct Allegation – Acquittal of Doddi Narasimha Rao, Tap Inspector, Guntur – Accused of demanding a bribe for installing a water tap connection. State alleged offences under Sections 7 and 13(2) r/w 13(1)(d) of the Prevention of Corruption Act. Key witness, PW1, turned hostile, altering the prosecution’s narrative. [Paras 3, 4, 14-15]

Evidence and Witness Credibility – Hostile witness PW1 altered testimony, affecting the credibility of the prosecution’s case. PW2 and PW3’s testimonies, cited as post-trap incident witnesses, did not support the prosecution’s version. Recovery of tainted money from the accused not conclusively linked to bribery demand. [Paras 14-15, 17, 20-21]

Presumption Under Prevention of Corruption Act – Section 20 – Prosecution failed to establish foundational facts necessary to invoke presumption of guilt under Section 20. The Supreme Court’s precedent in Neeraj Dutta v. State emphasized the need for foundational facts for presumption applicability. [Para 21]

Judicial Reasoning and Decision – Appeal dismissed, confirming the acquittal judgment of the Special Judge for SPE & ACB Cases, Vijayawada. The court found the prosecution failed to prove beyond reasonable doubt the demand and acceptance of bribe by the respondent. [Paras 22-23]

Matrimonial Dispute – Maintenance Pendente Lite – Challenge against the order dated April 24, 2022, by the Family Court, Saket, directing appellant to pay ₹30,000/- per month as maintenance pendente lite and ₹51,000/- as litigation expenses under Section 24 of Hindu Marriage Act, 1955 – Earlier maintenance of ₹21,000/- per month granted under PWDV Act proceedings. [Paras 1-2]

Income and Expenditure Analysis – Appellant's salary of ₹1,04,276/- with in-hand salary of ₹47,784/- considered – Claims of respondent's employment and appellant's family responsibilities, along with loan repayment, examined. [Paras 3, 5]

Maintenance Determination – Judicial Reasoning – High Court observed no substantial change in circumstances justifying increase from ₹21,000/- to ₹30,000/- in maintenance – Considered appellant's liabilities and respondent's educational background and capacity to earn. [Paras 6]

Maintenance Pendente Lite – Revised Order – Maintenance pendente lite set at ₹21,000/- per month, in line with PWDV Act maintenance – Annual increment of ₹1,500/- from January 2024 till disposal of petition – Litigation expenses/arrears as per Family Court's order. [Para 7]

Decision – Modified maintenance pendente lite to ₹21,000/- per month with annual increment – Impugned order partially altered – Appeal disposed of without costs. [Para 7]

Employee Compensation Claim – Dismissal of Claim for Lack of Employer-Employee Relationship – Death of Brij Kishore Gupta @ Brij Kishore Sah while plying vehicle TSR No. DL-lRF-0941 – Claim based on assertion of employment with Respondent No.1, but dismissed due to insufficient evidence establishing an employer-employee relationship. [Paras 1, 9]

Factual Background – Deceased was purportedly the employee of respondent No.1, involved in an accident resulting in his death – Claimants sought compensation under Employee Compensation Act, 1923. [Paras 2-3]

Respondent’s Submission – Respondent No. 1 denied any employment relationship with the deceased, stating the vehicle was driven on a sharing basis – Respondent No. 2 (Insurance Company) also denied liability for compensation. [Paras 4-5]

Issues Considered – Primary issues included the existence of an employer-employee relationship between the deceased and Respondent No. 1, and whether the accident occurred during the course of employment. [Para 6]

Labour Commissioner's Findings – Both issues regarding the employer-employee relationship and the connection of the accident with employment were answered negatively – Reliance placed on case law to support conclusions. [Paras 7, 13]

High Court’s Analysis – The High Court upheld the Commissioner’s decision on the employer-employee relationship but noted a flaw in the reasoning regarding the applicability of the Employee Compensation Act to cases of murder during employment. [Paras 9-10]

Decision – Appeal dismissed due to failure to prove employer-employee relationship – Academic note on the applicability of Employee Compensation Act in cases of murder during employment. [Para 11]

Property and Tenancy Dispute – Eviction and Recovery of Arrears – Appeal challenging judgment of Additional District Judge and Senior Civil Judge for eviction of Rajender Bhardwaj (Appellant) and recovery of arrears and user charges – Dismissal of Regular Civil Appeal by First Appellate Court and upholding Trial Court's order. [Paras 1, 4]

Legal Principles for Second Appeal – Limited scope of second appeal under CPC – Supreme Court's precedent in Nazir Mohamed v. J. Kamal outlining criteria for substantial question of law in second appeals – Appellant's arguments primarily factual, not raising substantial legal questions. [Paras 5-6, 29]

Undertaking and Extension of Time for Vacating Property – Appellant's undertaking to vacate property by 21.01.2024 – Conditional agreement to pay increased user charges in case of non-compliance – Extension granted for vacating property, subject to the fulfillment of undertakings. [Para 7]

Execution Stayed and Directions for Compliance – Stay on execution of decree until 21.01.2024 – Appellant directed to file affidavit of undertaking and appear before Executing Court for handing over possession. [Para 8]

Appeal Outcome – Disposal of appeal with upholding of judgments of First Appellate Court and Trial Court – Decree of possession affirmed. [Para 9]

Trademark Infringement and Passing Off – Use of “CERTIFIED SCRUM MASTER” and associated logo by defendants constitutes infringement of plaintiff’s registered trademarks – Plaintiff’s registered Certification Trade Marks (CTMs) “CERTIFIED SCRUMMASTER”, “CSM”, and associated device marks infringed by defendants’ use of deceptively similar marks and logos – Defendants not authorized to use plaintiff’s CTMs. [Paras 40-50, 82]

Section 76(3) Trade Marks Act – Defendants’ registered mark “CSM” not subject to injunction – Both plaintiff’s and defendant’s marks registered under Trade Marks Act, one being a CTM – No injunction against use of defendant’s registered word mark “CSM”. [Paras 51-55]

Validity of Plaintiff’s Trademark Registrations – Plaintiff’s marks “CERTIFIED SCRUMMASTER”/”CSM” prima facie valid – Section 31(1) Trade Marks Act provides registration as prima facie evidence of validity – Defendants’ challenge on grounds of Section 9(1)(b) and Section 70 of Trade Marks Act not prima facie sustainable. [Paras 68-74]

Passing Off – Plaintiff’s claim of passing off arguable, pending trial – Insufficient prima facie evidence of accumulated goodwill and reputation by plaintiff for definitive conclusion at interlocutory stage. [Paras 79-81]

Interlocutory Injunction Granted – Defendants, and all others acting on their behalf, enjoined from using “CERTIFIED SCRUM MASTER” and associated logo – No injunction against use of word mark “CSM” by defendants. [Paras 82-83]

Future Proceedings – Matter listed before learned Joint Registrar (Judicial) for further proceedings on 15 December 2023. [Para 85]

Criminal Trespass and Assault – Allegations of trespassing and assault by petitioner on respondent’s land, leading to a physical altercation and subsequent police complaint. Charge sheet filed under Sections 447, 324, 506 IPC in Kalakada Police Station. [Paras 2, 4, 14-15]

Delayed FIR and Private Complaint – Delay in FIR registration (FIR No.33 of 2016 dated 28.06.2016) attributed to police inaction, necessitating a private complaint by respondent. Judicial Magistrate of First Class referred the complaint under Section 156(3) Cr.P.C. [Paras 3, 11, 17]

Affidavit Requirement in Private Complaints – Discussion on the necessity of an affidavit in support of a complaint under Section 156(3) Cr.P.C., referencing the Supreme Court judgment in Priyanka Srivastava case. Uttarakhand High Court’s view on non-filing of affidavit as a curable defect considered. [Paras 5, 7-9]

Property Dispute and Criminal Charges – Existence of a civil dispute (O.S. No.111 of 2017) over property ownership does not negate criminal charges. The charge sheet's assertion of respondent’s possession of the property underpins criminal trespass allegations, despite the title dispute. [Paras 13, 16]

Decision – Criminal Petition No. 4200 of 2019 dismissed by Andhra Pradesh High Court. The proceedings in C.C. No.135 of 2018 against petitioner will continue. [Para 20]

Bail Petition – Regular Bail Granted to Former Chief Minister  - Alleged Financial Irregularities in Skill Development Project -

The petitioner, Sri Nara Chandra Babu Naidu, sought regular bail regarding allegations of corruption and financial irregularities in the APSSDC skill development project. The charges include misappropriation of funds, evasion of government norms, and involvement in a deep-rooted conspiracy resulting in significant financial losses to the state exchequer. The court granted bail, considering factors like the petitioner’s age, health condition, lack of direct evidence linking him to the crime, and the fact that other co-accused had already been granted bail. [Paras 1-57]

Allegations and Counter Arguments – No Direct Evidence Linking Petitioner - Despite serious allegations of financial misconduct and corrupt practices in the skill development project, the prosecution failed to present prima facie material directly linking the petitioner to the crime. The court observed gaps in the investigation, including lack of evidence connecting the petitioner to alleged misappropriated funds, and contradictory findings in the forensic audit report. [Paras 20, 22, 33, 34, 41, 42, 44, 45, 46]

Health and Security Concerns – Considerations for Bail - petitioner’s health conditions and age (73 years) were significant considerations. He suffers from diabetes, hypertension, and Hypertrophic Cardiomyopathy, requiring regular medical attention. Additionally, the presence of Z+ security from the National Security Guard (NSG) reduces flight risk and ensures compliance with bail conditions. [Paras 4(iv), 49, 50]

Freedom of Speech and Political Activity – Relaxation of Conditions:

The court acknowledged the petitioner’s right to freedom of speech and political activity, especially given his role as the National President of the Telugu Desam Party (TDP). Conditions restricting public appearances and media interactions, initially imposed due to the interim nature of previous bail for medical reasons, were relaxed. [Paras 51-54]

Political Motivation and Whistleblower Allegations – Need for Fair Trial - petitioner alleged political motivation behind his arrest, citing its timing and lack of evidence. However, the court refrained from conclusively commenting on these allegations, emphasizing the importance of a fair trial and the ongoing investigation. [Paras 42, 43, 44, 57]

Judicial Discretion in Granting Bail – Balance of Factors - court exercised judicial discretion in granting bail, balancing the seriousness of the charges, the need for a fair investigation, the personal liberty of the accused, and public interest. The decision reflects a careful consideration of the competing interests in criminal justice administration. [Paras 49, 50, 56, 57]