Facts:

The respondent, along with another accused, faced trial in ST No. 01 of 2015 before the Sessions Court, Champawat, for offenses under Section 302 and 201 of IPC.

During the trial, the respondent sought permission to produce certain pages of the police diary, obtained under the Right to Information Act, for confrontation with the investigating officer.

The application was opposed by the appellant on the grounds that such documents could be produced later in the trial and that the accused's right to produce evidence was limited.

The application was rejected by the Sessions Court but allowed by the High Court.

Issues:

Whether the accused could produce pages of the police diary during the trial for confrontation with the investigating officer.

The extent of the accused's right to use entries from the police diary in trial proceedings.

Held:

The Court held that the accused's right to use entries from the police diary in trial proceedings is limited. The accused cannot demand access to the diary unless the entries are used by the police officer to refresh memory or by the court to contradict the officer, as provided in Section 172 of the Criminal Procedure Code and Sections 145 and 161 of the Evidence Act.

The Court emphasized that the police diary is not substantive or corroborative evidence and cannot be used against witnesses other than the police officer. Therefore, the accused cannot force the police officer to refer to the diary during examination in court.

The Court overturned the High Court's decision, holding that since neither the police officer nor the trial court had used the entries in the diary to contradict the officer (PW-15), the accused could not produce pages of the police diary obtained under the Right to Information Act to contradict the officer during cross-examination. Thus, the appeal was allowed.

Facts:

Disputes arose between Indus Mobile Distribution Private Limited (Appellant) and Datawind Innovations Private Limited (Respondent) regarding an agreement dated 25.10.2014.

The agreement contained clauses regarding dispute resolution, stating that arbitration would be conducted in Mumbai, and all disputes would be subject to the exclusive jurisdiction of courts in Mumbai.

Issues:

Whether the courts in Mumbai have exclusive jurisdiction in the matter, despite no part of the cause of action arising there.

Interpretation of the term "seat" of arbitration and its implications on jurisdiction.

Applicability of Part I of the Arbitration and Conciliation Act, 1996 when the seat of arbitration is in India.

Held:

The court held that once the seat of arbitration is designated, it acts as an exclusive jurisdiction clause. Mumbai courts would have exclusive jurisdiction over arbitral proceedings arising from the agreement between the parties, even if no part of the cause of action arose in Mumbai. The concept of "seat" of arbitration is analogous to an exclusive jurisdiction clause.

The court clarified that the "juridical seat" refers to the legal place of arbitration. Therefore, Mumbai courts have exclusive jurisdiction over the matter. The impugned judgment was set aside, and the injunction confirmed by it continued for four weeks to allow the respondents to take necessary steps under Section 9 in the Mumbai Court.

Facts:

The appellant and respondent were married in 1995 and had a son.

There were several rounds of litigation between the parties, including applications for restitution of conjugal rights, dowry harassment cases, and a divorce petition.

The appellant remarried post-divorce and had a child from the second marriage.

The respondent filed for enhancement of maintenance from Rs. 16,000/- to Rs. 23,000/- per month, citing the appellant's increased income.

Issues:

Whether the maintenance amount should be enhanced considering the change in circumstances.

Whether the appellant's remarriage and the child from the second marriage should affect the maintenance amount.

Held:

The court held that maintenance is dependent on the factual situation of the case and can be molded based on various factors, including changes in circumstances. The court found the enhancement of maintenance justified due to the increase in the appellant's income.

However, considering the appellant's remarriage and the child from the second marriage, the court decided to reduce the maintenance amount to Rs. 20,000/- per month from the enhanced Rs. 23,000/- per month.

Therefore, the maintenance amount awarded to the respondent-wife was reduced to Rs. 20,000/- per month, payable on or before the 10th of every succeeding English calendar month.

Facts:

Machindra accused Sajjan and his son of murdering Machindra's younger son, Dattatreya, following a dispute over land ownership.

The trial court convicted Sajjan and his son based on witness testimonies and medical evidence.

On appeal, the High Court acquitted the respondents, citing contradictions in witness testimonies and deficiencies in medical evidence.

Issues:

Whether the High Court's decision to acquit the respondents was justified based on the evidence presented.

Whether there were substantial doubts regarding the guilt of the respondents.

Held:

The court emphasized the principle that the burden of proof lies with the prosecution to establish guilt beyond a reasonable doubt. It noted contradictions in witness testimonies, the absence of key witnesses, and inadequacies in medical evidence.

The conduct of an alleged eye-witness who fled the scene further cast doubt on the reliability of testimonies. Despite the gravity of the offense, the lack of clarity in medical reports and witness testimonies led to substantial doubts regarding the guilt of the respondents.

Therefore, the High Court's decision to acquit them was upheld, and the appeal was dismissed.

Facts:

The plaintiff filed a suit seeking the cancellation of a sale deed, claiming that the property in question was wakf property. The defendants purchased the property through a private person.

The plaintiff relied on a Gazette Notification dated 28.06.1962, alleging that the property was notified as wakf property under the Andhra Pradesh State Wakf Board.

The Tribunal and the High Court both concluded that the property in question was not notified as wakf property in the Official Gazette. However, the High Court raised doubts about the inclusion/non-inclusion of the property in the Survey Commissioner's Report.

Issues:

Whether the plaint discloses a cause of action or is barred by law.

Whether the property in question was properly notified as wakf property in the Official Gazette.

Whether the plaintiff's suit is manifestly meritless and vexatious.

Held:

The power to reject a plaint under Order VII, Rule 11 of the Code of Civil Procedure can be exercised by the court at any stage of the suit. The decision to reject the plaint should be based solely on the averments of the plaint.

Averments in the defendant's written statement or contentions are irrelevant when considering the defendant's prayer for rejecting the plaint. Even if the plaintiff's allegations are taken as true on their face, if they demonstrate that the suit is barred by law or does not disclose a cause of action, the plaint can be rejected.

The property in question was not notified as wakf property in the Gazette, as alleged by the plaintiff. The Tribunal and the High Court both concluded this fact. Thus, the plaint fails to establish the property's wakf status.

The provisions of the Wakf Act, both the 1954 Act and the 1995 Act, were discussed, emphasizing the role of Survey Commissioners in identifying wakf properties and the process of gazette notification.

The Court upheld the rejection of the plaint, deeming the plaintiff's suit manifestly meritless and vexatious. The plaintiff failed to establish a cause of action, and the suit was barred by law.

Decision: The Court allowed the appeal and upheld the rejection of the plaint by the Wakf Tribunal under Order VII, Rule 11 of the Code of Civil Procedure. The plaintiff's suit lacked merit and was barred by law.

Facts:

The case involves the demolition of the Babri Masjid and subsequent legal proceedings against various accused individuals. Multiple FIRs were lodged, and the Central Bureau of Investigation (CBI) filed a consolidated charge sheet. The State Government issued a notification for the trial of cases, but it was amended and struck down for non-compliance. Additionally, a supplementary charge sheet was filed against eight accused separately.

Issues:

Whether a joint trial is warranted despite multiple FIRs.

The correctness of dropping proceedings against certain accused.

The validity of transferring proceedings from Rae Bareilly to Lucknow.

Compliance with Article 142 of the Constitution.

Held:

The court observed that despite the existence of multiple FIRs, the evidence for all offenses was essentially the same. Therefore, a joint trial was justified.

The dropping of proceedings against certain accused was deemed erroneous, as they were implicated in the charge of criminal conspiracy. Their discharge was not warranted.

The court directed the transfer of proceedings from Rae Bareilly to the Sessions Court at Lucknow to facilitate a joint trial. This was deemed necessary for the efficient and fair conduct of the legal process.

In invoking Article 142 of the Constitution, the court clarified that while equity is prioritized, it cannot override mandatory legal provisions. However, Article 142 empowers the court to ensure complete justice in cases of exceptional circumstances.

Decision: The court directed the consolidation of legal proceedings related to the Babri Masjid demolition case into a joint trial at Lucknow. Additional charges were to be framed against certain accused, and the trial was to be completed within two years. The court emphasized the importance of avoiding unnecessary adjournments and ensuring the presence of prosecution witnesses.

Facts:

A Civil Suit (Title Suit No. 3 of 2005) was filed by the respondent against the appellant and others for a declaration of tenancy rights over a property and a permanent injunction against interference with possession.

During the suit, the respondent filed for a temporary injunction to protect their rights over the property.

The Trial Court, while disposing of the injunction application, made prima facie findings regarding possession.

Appeals were filed against the Trial Court's order, leading to the High Court modifying the order, appointing a special officer, and directing expedited hearing of the civil suit. The High Court also invoked Section 340 of the CrPC to inquire into alleged document fabrication.

The appellant appealed to the Supreme Court challenging the direction regarding the criminal complaint under Section 340 of the CrPC.

Issues:

Whether findings in interlocutory proceedings affect the disposal of the main suit?

Legality and correctness of the direction for a criminal complaint under Section 340 of the CrPC.

Held:

The Court emphasized that findings in interlocutory proceedings, such as injunction applications, are prima facie in nature and do not prejudice the disposal of the main suit based on evidence and pleadings.

It was reiterated that the civil suit must be decided on its merits, unaffected by any findings or observations made during interlocutory proceedings.

The Court directed the Trial Court to decide the civil suit within one year, strictly in accordance with the law, and maintained the interim orders and injunction granted by the High Court until the Trial Court's decision.

The parties were instructed to appear before the Trial Court on a specified date for further proceedings.

In the absence of representation for the appellant during the Supreme Court proceedings, the Trial Court was directed to issue notices to all parties for further proceedings.

The appeal was disposed of accordingly, emphasizing the need for the civil suit to be decided on its merits independently of any findings made during interlocutory proceedings.

Facts:

Respondent, Equinox Solution Pvt. Ltd., sold their entire running business, including all assets and liabilities, to Amtrex Appliances Ltd. for Rs. 58,53,682/-.

The respondent claimed deduction under Section 48(2) of the Income Tax Act, treating the sale as a "slump sale" of a long-term capital asset.

The Assessing Officer treated the sale as a short-term capital gain under Section 50(2) of the Act, resulting in a reworking of the deduction claimed.

Upon appeal, the Commissioner of Appeals allowed the respondent's appeal, holding that the sale did not fall under Section 50(2) of the Act.

The Income Tax Appellate Tribunal upheld the Commissioner's decision, and subsequently, the High Court dismissed the Revenue's appeal under Section 260-A of the Act.

Issues:

Whether the sale of an entire running business, including all its assets and liabilities, qualifies as a short-term capital asset under Section 50(2) of the Income Tax Act, 1961.

Held:

The Supreme Court held that the sale of the entire running business in one go does not fall under Section 50(2) of the Income Tax Act, 1961. The Court reasoned that Section 50(2) applies to cases where an assessee transfers one or more blocks of assets used in running a business. However, when the entire running business, along with all its assets and liabilities, is sold in one go, it cannot be considered a short-term capital asset. Therefore, the sale in this case constituted a "slump sale" of a long-term capital asset, which should be taxed accordingly.

The Court cited Commissioner of Income Tax, Gujarat v. Artex Manufacturing Co. and Premier Automobiles Ltd. v. Income Tax Officer & Anr. to support its conclusion. It noted that the decisions cited by the appellant's counsel did not take a contrary view or point out any errors in the decisions cited by the respondent's counsel.

Ultimately, the Supreme Court found no merit in the Revenue's appeal and dismissed it accordingly.

Facts:

The dispute involves agricultural land between Dagadabai's legal representatives (appellants) and the respondent, who claimed ownership through adverse possession and adoption.

Dagadabai inherited the land from her deceased father. The respondent claimed to be the adopted son of the deceased owner, asserting his right to the land.

Issues:

Whether the respondent's claim of adverse possession and adoption is valid.

Whether the lower courts' decisions were legally sound.

Held:

First, when the Trial Court and the First Appellate Court concurrently decreed the plaintiff's suit by recording all the findings of facts against the defendant enumerated above, then, in our opinion, such findings of facts were binding on the High Court.

In our considered opinion, these observations of the High Court are against the law of adverse possession... It is equally well-settled that such person must necessarily first admit the ownership of the true owner over the property to the knowledge of the true owner.

In the light of this settled legal position, the plea taken by the defendant about the adoption for proving his ownership over the suit land as an heir of Rustum was rightly held against him.

Decision: The Court allowed the appeal, set aside the High Court's judgment, and restored the decisions of the Trial Court and the First Appellate Court, thereby granting possession of the land to Dagadabai's legal representatives.