Criminal Law - Code of Criminal Procedure 1973 - Section 482 - Quashing of criminal proceedings - Principles and Guidelines - Bhajan Lal precedent - Held - High Court failed to exercise inherent power to quash proceedings when allegations even if taken at face value do not constitute any offence - [Paras 10-20]

Indian Penal Code 1860 - Sections 405 and 406 - Criminal Breach of Trust - Entrustment - Fiduciary obligation - Billing for diagnostic test not performed - Held - payment of hospital bill does not create a fiduciary obligation regarding handling of property - foundational ingredients of entrustment and dishonest misappropriation not satisfied - [Para 11]

Indian Penal Code 1860 - Section 420 - Cheating - Dishonest Intention - Deception from inception - Billing error corrected by hospital - Held - billing discrepancy appears to be inadvertence rather than dishonest intention - hospital communicated decision to refund amount upon mistake being pointed out - allegation of cheating misplaced - [Para 12]

Indian Penal Code 1860 - Section 120B - Criminal Conspiracy - Sustainability - Foundational offences - Held - where foundational offences of criminal breach of trust and cheating are non-existent the incidental charge of criminal conspiracy is unsustainable - [Para 13]

Indian Penal Code 1860 - Section 504 - Intentional Insult - High Court Observation - Improper conduct by hospital staff - Held - no occasion for High Court to construe general averments and elevate them to the commission of an offence under Section 504 IPC - [Paras 14-15]

West Bengal Clinical Establishments (Registration, Regulation and Transparency) Act 2017 - Sections 29 and 34 - Clinical Establishments - Service Grievances - Billing Practices - Held - legislative scheme establishes disputes concerning billing or supply of records are primarily deficiencies for which compensation is payable under Section 29 - criminal prosecution under Section 34 not permissible by merely mentioning the section without disclosing how criminal offence was committed - [Paras 16-19]

Decision: Appeals allowed – High Court order set aside – Criminal complaint in Complaint Case No C-533 of 2021 quashed – Quashing of criminal complaint to have no bearing on civil or statutory remedies.

Motor Vehicles Act 1988 - Notional Income - Engineering Student - Determination of earning capacity - The deceased was a meritorious third-year Mechanical Engineering student with a diploma in Plastic Engineering and AutoCAD certification - Held - Notional income of an engineering student cannot be equated to minimum wages of an unskilled worker - Income assessed at 12000 per month for an accident occurring in the year 2000 - [Paras 23-26]

Motor Vehicles Act 1988 - Future Prospects - Notional Income - Denial by High Court - High Court refused future prospects on grounds that income was notional - Held - Approach is contrary to principles in Sarla Verma and Pranay Sethi - Denial of future prospects and personal/living expense deductions solely because income is notional is erroneous - 40 percent future prospects added as deceased was below 40 years - [Paras 14-15 and 27]

Motor Vehicles Act 1988 - Dependency and Multiplier - Calculation - Monthly income of 12000 plus 40 percent future prospects equals 16800 - One-half deducted for personal and living expenses as deceased was a bachelor - Monthly dependency at 8400 and annual dependency at 100800 - Multiplier of 18 applied as deceased was 22 years old - Total loss of dependency computed at 1814400 - [Paras 13 and 27]

Motor Vehicles Act 1988 - Conventional Heads - Non-pecuniary damages - Enhancement - Awarded compensation under conventional heads as per Pranay Sethi and Magma General Insurance - Sum of 15000 awarded for loss of estate - 40000 for filial consortium - 30000 for funeral expenses considering transportation of the body - [Paras 28-29]

Motor Vehicles Act 1988 - Property Damage - Motorcycle - Assessment of loss - Tribunal and High Court applied high depreciation to a two-year-old vehicle - Held - Loss to be ascertained as per the surveyor report at 25670 instead of 18000 - [Paras 30-31]

Decision: Appeal allowed – Compensation enhanced to 19,25,070 with interest at 7.5 percent per annum from the date of filing till realization – Respondents held jointly and severally liable to pay within eight weeks.

Constitution of India - Article 19(1)(a) and 21A - Right to Education - Medium of Instruction - Mother Tongue - Appellants sought inclusion of Rajasthani in teacher recruitment syllabus and as a medium of instruction - Held - The right to receive education in one’s mother tongue is an intrinsic facet of the right to freedom of speech and expression under Article 19(1)(a) - Education must be intelligible and accessible to the learner to be meaningful - Instruction in a language unfamiliar to the child impairs foundational development and engenders alienation - [Paras 21-25 and 42-43]

Constitution of India - Article 350A - Linguistic Minorities - Obligations of the State - State of Rajasthan contended Rajasthani is not in the Eighth Schedule and speakers are not a linguistic minority - Held - The expression linguistic minority is to be understood in relation to the dominant or official language of the State - In Rajasthan where Hindi is the official language Rajasthani constitutes a minority language for Article 350A - The State has a constitutional obligation to provide adequate facilities for instruction in the mother tongue at the primary stage - [Paras 15 and 20]

Right of Children to Free and Compulsory Education Act 2009 - Section 29(2)(f) - Curriculum and Evaluation - Medium of Instruction - Legislative intent for quality education - Held - The mandate that medium of instruction shall as far as practicable be in the child’s mother tongue is aimed at securing quality education in a substantive sense - Failure of the State to operationalise this mandate undermines statutory and policy directives - [Paras 17 and 38-39]

Administrative Law - Policy Formulation vs Constitutional Duty - State inaction regarding language recognition - Held - While the Court does not enter the arena of policy formulation it has a duty to ensure constitutional guarantees are not rendered illusory by executive inaction - The absence of Rajasthani in the Eighth Schedule is not a valid ground to deny its use for educational purposes especially when it is academically recognised at university levels - [Paras 47-51]

Decision: Appeal allowed – Impugned order of the High Court set aside – State of Rajasthan directed to formulate a comprehensive policy for implementation of mother tongue-based education in Rajasthani language – State directed to take affirmative steps to introduce Rajasthani as a subject in all schools in a phased manner – Compliance affidavit to be filed by 25th September 2026.

Insolvency and Bankruptcy Code 2016 - Section 61 - Condonation of Delay - Refiling of Appeal - Mandatory requirement of certified copy - Respondent filed appeal on last day of condonable period without certified copy and without applying for one - Refiled after 150 days without curing the defect - Respondent applied for certified copy only months after refiling - Held - Filing an appeal without applying for a certified copy before the limitation period runs out means there was no filing in the eyes of law - A diligent litigant is expected to apply for the copy before the period expires to seek exclusion of time - The appeal was not merely defective but wholly incompetent - NCLAT order condoning delay set aside - [Paras 1-11]

National Company Law Appellate Tribunal Rules 2016 - Rules 14 and 22 - Presentation of Appeals - Curing of defects - Rule 22(2) mandates every appeal be accompanied by a certified copy of the impugned order - Rule 14 enabling exemption does not confer an automatic right to dispense with compliance - Filing an application for a certified copy is an indication of diligence in pursuing litigation - Held - Refiling an appeal without the certified copy or an exemption application is incurably tainted - NCLAT failed to ascertain if the appeal was instituted in accordance with norms before extending indulgence - [Paras 6-10]

National Company Law Appellate Tribunal Rules 2016 - Rule 26 - Curing of defects - Time limit for refiling - Rule 26(2) stipulates 7 days for curing defects - Respondent refiled after 150 days - Held - Even after refiling the appeal remained defective beyond redemption as the certified copy of the NCLT order sought to be impugned was not filed - [Paras 3-6]

Decision: Appeals allowed – Order dated 10.11.2025 passed by the NCLAT set aside – Respondent's appeal rejected as incurably tainted at the threshold.

Uttar Pradesh Panchayat Raj Act, 1947, Section 12C - Election Petition - Functus Officio - Prescribed Authority (SDO) passed an order dated 05.11.2022 which allowed the election petition and directed a recount of votes for the post of Gram Pradhan. Upon recounting, the appellant was declared the winner. Held, once the Prescribed Authority passes an order granting final relief, it ceases to have jurisdiction to pass any further order in relation to the election as it becomes functus officio; the subsequent order dated 17.03.2023 declaring the appellant elected was void as the authority was no longer seised of the petition. [Paras 12-16, 21].

Uttar Pradesh Panchayat Raj Act, 1947, Section 12C - Election Petition - Final Order vs. Interim Order - Distinction between orders merely directing recount and those allowing the petition - Distinguished from Raj Kumari v. Asha Devi where the recount order was held interim. In the present case, the SDO’s order dated 05.11.2022 expressly stated that the petition was "allowed" and the defendant’s statement was "rejected". Held, such an order is final in nature, leaving no scope for subsequent orders after recounting; the authority effectively lost jurisdiction to declare fresh results. [Paras 17-20].

Constitution of India, Article 243-O - Bar to interference in electoral matters - Panchayat Elections - Challenge to election through petition - Held, once an election petition is finally decided by the designated authority, the authority cannot reopen or continue proceedings as the power to set aside results vests exclusively with the Prescribed Authority only until it becomes functus officio. [Paras 6.2, 8].

Decision: Appeal dismissed – High Court’s order setting aside the recounting and the subsequent election result affirmed – Prescribed Authority directed to remain cautious in future election matters.

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Sections 3(1)(r) and 3(1)(s) - Atrocities - Place within public view - Essential ingredients - Appellants were charged for hurling casteist slurs inside a residential house - Held, the requirement that the incident must occur in "a place within public view" is a sine qua non for constituting offences under Sections 3(1)(r) and 3(1)(s). Even if a private place is involved, it must be within public gaze or accessible to the public eye. An incident occurring within the four walls of a residential house where no independent members of the public are present does not satisfy this requirement. General allegations of past conduct without specific instances are insufficient to frame charges. [Paras 5-6.7, 9.1].

Indian Penal Code, 1860, Sections 503 and 506 - Criminal Intimidation - Intent to cause alarm - Requirement of - Appellants allegedly threatened to implicate the complainant in a false molestation case - Held, the "intent to cause alarm" is the pivotal consideration for the offence of criminal intimidation. Where the record suggests the element of alarm was absent and the charges were merely conjunct with unsustainable SC/ST Act allegations, the proceedings amount to an abuse of process and harassment. [Paras 10-10.1, 11].

Indian Penal Code, 1860, Section 34 - Common Intention - Framing of charge - Held, where facts and attendant circumstances do not suggest a common intention to commit a criminal act in furtherance of a shared design, the framing of a charge under Section 34 IPC is legally unsustainable. [Para 10.2].

Code of Criminal Procedure, 1973, Section 482 - Quashing of Charges - Failure to disclose ingredients - Held, as per the ratio in State of Haryana vs. Bhajan Lal, if the contents of the FIR, taken at face value, do not disclose the necessary ingredients of the alleged offences, the FIR and subsequent charges are liable to be quashed. Since the "public view" requirement of the SC/ST Act and the "alarm" requirement of Section 506 IPC were missing, the charges were wrongly framed. [Paras 8-9, 11-13].

Decision: Appeal allowed – Judgment of the High Court and orders of the trial court framing charges are set aside – FIR No. 42 of 2021 and the resulting charge-sheet are quashed.

Contempt of Courts Act 1971 - Section 2(c)(i) - Criminal Contempt - Scandalizing the Court - Appellant-Senior Advocate made scurrilous allegations against the High Court Registry and called the institution a gambling den in a televised press conference - Held - Such statements lower the authority of the Court and tarnish the credibility of the justice delivery system - Registry and Judicial wings are inseparable components of the Court - High Court’s finding of guilt affirmed - [Paras 1-9, 45-49]

Contempt of Courts Act 1971 - Section 12 - Apology - Sincerity and Remorse - Appellant offered unconditional apologies after initially challenging the contempt notice - High Court rejected the apology as a paper apology citing past conduct - Held - The discretion to accept or reject an apology under Article 215 lies with the High Court - However - SC observed that justice must be tempered with mercy especially considering the emotional strain of the COVID-19 pandemic on Bar leaders - [Paras 38-40, 50-52]

Constitution of India - Article 142 - Plenary Powers - Suspension of Conviction and Sentence - Reformative Justice - Appellant had a history of contemptuous conduct but expressed profuse remorse - Held - To afford one last opportunity for reform - SC directed that the conviction and sentence shall remain suspended and kept in abeyance indefinitely - No consequential disqualification under Section 24-A of the Advocates Act 1961 shall attract during this period - [Paras 51-55, 65]

Constitution of India - Article 142 - Periodic Review - Monitoring of Conduct - Held - The Full Court of the High Court shall undertake a periodic review of the Appellant’s conduct every two years - If any further act of contempt is committed - the High Court is at liberty to move the SC to give immediate effect to the conviction and sentence - [Paras 52, 65]

High Court of Gujarat Designation of Senior Advocate Rules 2018 - Rule 26 - Senior Designation - Recalling of Gown - Distinctness of Proceedings - Held - Proceedings for recalling senior designation and punishment for criminal contempt are distinct and can run parallel - High Court requested to take a fresh independent decision regarding the subsequent 2024 incident involving alleged forum shopping - [Paras 33-35, 56-61]

Decision: Appeal disposed of – Conviction and sentence kept in abeyance indefinitely under Article 142 – Appellant’s conduct to be monitored by High Court with periodic reviews every two years.

Criminal Law - Indian Penal Code, 1860, Section 302 - Murder - Oral Dying Declaration - Reliability - Deceased disclosed the name of the assailant (Appellant) to his brother (PW-1) at the scene and during transit to the hospital - Held, a truthful and voluntary dying declaration, if found reliable, can by itself form the sole basis of conviction without the necessity of corroboration. The omission of the assailant's name in medical history recorded by a doctor is insignificant as such history is primarily for clinical purposes. [Paras 13.3-14].

Indian Evidence Act, 1872, Section 134 - Evidence - Solitary Eyewitness - Quality vs. Quantity - Testimony of rickshaw driver (PW-12) - Held, the Indian legal system does not insist on plurality of witnesses. It is the quality and not the quantity of evidence that is determinative. Conviction can be founded on the testimony of a solitary witness if found wholly reliable and of sterling quality. [Paras 15-16].

Indian Penal Code, 1860, Section 302 - Motive and Mens Rea - Previous Altercation - Dispute over throwing a cigarette into a wash bucket followed by a threat - Held, the proximity of time between the quarrel (10:30 p.m.) and the occurrence (next morning), coupled with the prior threat, clearly establishes the motive and requisite intention. [Para 12].

Criminal Jurisprudence - Hostile Witnesses - Appreciation of Evidence - Most panch and material witnesses turned hostile - Held, hostility of some witnesses does not vitiate the prosecution case if other witnesses (PW-1 and PW-12) consistently establish the overt act and essential ingredients of the offence beyond reasonable doubt. [Paras 13.1-13.5, 16].

Decision: Appeal dismissed – Order of conviction and sentence affirmed – Liberty granted to the appellant to move an appropriate application for remission in accordance with extant policy given the substantial period of sentence already undergone.

Civil Law - Specific Relief Act, 1963, Section 28 - Specific Performance - Extension of time for deposit of purchase money - Power of Court after decree - Held, a decree for specific performance is in the nature of a preliminary decree and the Court does not become functus officio after passing it. The power to rescind the contract or extend the time for payment under Section 28 is discretionary. There is no automatic rescission of the contract upon default unless the decree specifically provides for rescission or dismissal of the suit as a consequence of non-payment. The Court must adopt a justice-oriented approach, balancing equities and considering whether the delay signifies a positive refusal or willful negligence to perform the contract. [Paras 19, 24-27, 33, 40].

Code of Civil Procedure, 1908, Section 2(2) - Doctrine of Merger - Adjudication on merits - Dismissal for non-prosecution - Held, the doctrine of merger applies only when a higher forum passes an order on merits, whether it set aside, modifies, or confirms the lower court's decree. Since Section 2(2)(b) CPC specifically excludes an order of dismissal for default from the definition of a 'decree', the dismissal of a first appeal for non-prosecution does not result in the merger of the trial court's decree with the appellate order. [Paras 21-22].

Specific Relief Act, 1963, Section 28 - Procedure for applications - Maintainability before Execution Court - Held, an application for rescission of contract or extension of time must be decided as an application in the original suit. Even if filed in execution proceedings, if the Execution Court is the Court of first instance, it must transfer the application to the file of the suit and number it as an interlocutory application. A prayer for extension of time may be made even orally or treated as such when seeking permission to deposit the defaulted amount. [Paras 23, 28-31, 33].

Code of Civil Procedure, 1908, Order XX Rule 12A - Specific Performance Decree - Duty of Appellate Court - Reasonable time for deposit - Held, the Appellate Court, while disposing of an appeal on merits, owes a duty to specify the time period for deposit of the balance consideration. If no time limit is fixed by the superior court, the decree-holder is expected to make the deposit within a reasonable period based on the facts of the case. [Paras 32-33, 50].

Decision: Appeal allowed – Orders of the High Court and the Execution Court set aside – Execution Application and related applications restored to the Court of first instance for fresh consideration in accordance with the principles laid down – Applications to be treated and numbered as applications in the original suit.