PINKI

Vs.

STATE OF UTTAR PRADESH AND ANOTHER

( Before : J.B. Pardiwala and R. Mahadevan, JJ. )

Criminal Appeal No. 1927 of 2025 (Arising Out of SLP (Criminal) No. 4658 of 2025) with Criminal Appeal No. 1928 of 2025 (Arising out of SLP(Crl.) No. 592 of 2025), Criminal Appeal No. 1929 of 2025 (Arising out of SLP(Crl.) No. 590 of 2025), Criminal Appeal No. 1930 of 2025 (Arising out of SLP (CRL.) 4660 of 2025), Criminal Appeal No. 1931 of 2025 (Arising out of SLP (CRL.) 4661 of 2025), Criminal Appeal No. 1932 of 2025 (Arising out of SLP (CRL.) 4662 of 2025), Criminal Appeal No. 1933 of 2025 (Arising out of SLP (CRL.) 4664 of 2025), Criminal Appeal No. 1934 of 2025 (Arising out of SLP (CRL.) 4665 of 2025), Criminal Appeal No. 1935 of 2025 (Arising out of SLP (CRL.) 4666 of 2025), Criminal Appeal No. 1936 of 2025 (Arising out of SLP (CRL.) 4667 of 2025), Criminal Appeal No. 1937 of 2025 (Arising out of SLP (CRL.) 4668 of 2025), Criminal Appeal No. 1938 of 2025 (Arising out of SLP (CRL.) 4670 of 2025), Criminal Appeal No. 1939 of 2025 (Arising out of SLP (CRL.) 4671 of 2025), Criminal Appeal No. 1940 of 2025 (Arising out of SLP (CRL.) 4672 of 2025), Criminal Appeal No. 1941 of 2025 (Arising out of SLP (CRL.) 4673 of 2025), Criminal Appeal No. 1942 of 2025 (Arising out of SLP (CRL.) 4674 of 2025), Criminal Appeal No. 1943 of 2025 (Arising out of SLP (CRL.) 4675 of 2025) and Criminal Appeal No. 1944 of 2025 (Arising out of SLP (CRL.) 4676 of 2025)

Decided on : 15-04-2025

  Criminal Procedure Code, 1973 — S. 439 — Bail — Cancellation of Bail — Factors for Consideration — Child Trafficking — Appeals preferred by victims (kith and kin of trafficked children) assailing High Court orders granting bail to accused involved in a large-scale, organized, interstate child trafficking racket — The offences alleged involve kidnapping, buying, and selling of minor children primarily from impoverished backgrounds, punishable under Ss. 363, 311 & 370(5) IPC — High Court granted bail citing factors such as accused not being named in FIR, disclosure of name by co-accused, non-recovery of victim from the specific accused, grant of bail to similarly situated co-accused, and the principle of ‘bail is rule, jail is exception’ — Such exercise of discretion by the High Court, in cases involving grave offences like organized child trafficking with interstate ramifications, requires deeper scrutiny concerning the serious nature of the crime, modus operandi, societal impact, and potential threat posed by accused if released — The High Court’s approach found to be callous, overlooking critical aspects including the organized nature of the crime and the subsequent absconding of several accused post-bail, thereby jeopardizing the trial.

Specific Relief Act, 1963 — Section 16(c) — Specific Performance — Readiness and Willingness — Effect of Accepting Refund

 SANGITA SINHA

Vs.

BHAWANA BHARDWAJ AND OTHERS

( Before : Dipankar Datta and Manmohan, JJ. )

Civil Appeal No. 4972 of 2025 (Arising out of Special Leave Petition (C) No.28460 of 2024)

Decided on : 04-04-2025

Specific Relief Act, 1963 — Section 16(c) — Specific Performance — Readiness and Willingness — Effect of Accepting Refund — A buyer's continuous readiness and willingness to perform their part of an Agreement to Sell, a prerequisite for seeking specific performance, is negated by their conduct of accepting and encashing a substantial portion of the refunded earnest money/advance consideration sent by the seller along with a cancellation notice, especially when such encashment occurs during the pendency of the specific performance suit — Such conduct demonstrates an unwillingness to proceed with the contract.

Education Law — Teacher Qualification — Diploma in Elementary Education (D. El. Ed.) — NIOS 18-Month ODL Programme — Purpose and Scope

 KOUSIK DAS AND OTHERS

Vs.

STATE OF WEST BENGAL AND OTHERS

( Before : B.R. Gavai and Augustine George Masih, JJ. )

Civil Appeal No….of 2025 (Arising Out of SLP(C) No. 19139 of 2024)

Decided on : 04-04-2025

 Education Law — Teacher Qualification — Diploma in Elementary Education (D. El. Ed.) — NIOS 18-Month ODL Programme — Purpose and Scope — The 18-month Diploma in Elementary Education (D. El. Ed.) programme conducted by the National Institute of Open Schooling (NIOS) through Open Distance Learning (ODL) mode, pursuant to the NCTE Recognition Order dated 22.09.2017, was a specific, one-time measure necessitated by the Right of Children to Free and Compulsory Education (Amendment) Act, 2017 — This programme was designed exclusively to enable untrained elementary teachers, who were already in service as on 10.08.2017, to acquire the minimum required qualification by the statutory deadline of 31.03.2019, thereby safeguarding their continued employment.

Insolvency and Bankruptcy Code, 2016 — Section 61(2) — Limitation Act, 1963 — Section 12 — Appeal to NCLAT — Limitation Period

 A RAJENDRA

Vs.

GONUGUNTA MADHUSUDHAN RAO AND OTHERS

( Before : Abhay S. Oka, Ahsanuddin Amanullah and Augustine George Masih, JJ. )

Civil Appeal Nos.11070 - 11071 of 2024 (@ Diary No. 10029 of 2024)

Decided on : 04-04-2025

 Insolvency and Bankruptcy Code, 2016 — Section 61(2) — Limitation Act, 1963 — Section 12 — Appeal to NCLAT — Limitation Period — Commencement and Calculation — The statutory limitation period for filing an appeal before the National Company Law Appellate Tribunal (NCLAT) under Section 61(2) of the Insolvency and Bankruptcy Code, 2016 (IBC) is thirty days, commencing from the date of pronouncement of the order by the National Company Law Tribunal (NCLT) — The NCLAT possesses discretion to condone delay for a further period not exceeding fifteen days, upon satisfaction of sufficient cause — The scheme of Section 61 IBC does not postpone the commencement of limitation until a certified copy is made available, distinguishing it from provisions like Section 421(3) of the Companies Act, 2013.

Service Law — Recruitment — Eligibility Qualification — Interpretation of Rules — West Bengal School Teachers Recruitment Rules, 2016, Rule 6(2)

 SOUMEN PAUL AND OTHERS

Vs.

SHRABANI NAYEK AND OTHERS

( Before : Pamidighantam Sri Narasimha and Manoj Misra, JJ. )

Civil Appeal No….of 2025 (Arising out of SLP (C) No. 12660 of 2023 with Civil Appeal No….of 2025 Arising Out of SLP (C) No….of 2025 Arising Out of Diary No. 25090 of 2023 with Civil Appeal No…..of 2025 Arising Out of SLP (C) No. 25324 of 2023

Decided on : 04-04-2025

Rule 6(2) WB Primary Teacher Rules incorporates prevailing NCTE norms, not fixing a qualification acquisition cut-off date.

 Service Law — Recruitment — Eligibility Qualification — Interpretation of Rules — West Bengal School Teachers Recruitment Rules, 2016, Rule 6(2) — Rule 6(2) of the West Bengal Primary School Teachers Recruitment Rules, 2016 (as amended on 22.12.2020), which requires candidates to possess the minimum educational and training qualification prescribed by the National Council for Teacher Education (NCTE) "prevailing as on date of publication of recruitment notification," primarily functions to incorporate the NCTE qualifications applicable at the time of recruitment — It does not, by its text or intendment, establish a rigid cut-off date by which such qualification must be possessed by the candidate — An interpretation treating the phrase "prevailing as on date" as fixing a cut-off for obtaining the qualification is erroneous, particularly when the recruiting body itself did not espouse such an interpretation.

Under WBPT Act, non-spouse heir tenancy expires after 5 years. Admitting facts proving expiry justifies O.12 R.6 eviction decree. Party cannot approbate/reprobate Act's applicability.

 RAJIV GHOSH

Vs.

SATYA NARYAN JAISWAL

( Before : J.B. Pardiwala and R. Mahadevan, JJ. )

Special Leave Petition (Civil) No. 9975 of 2025 (Diary No. 8323 of 2025)

Decided on : 07-04-2025

West Bengal Premises Tenancy Act, 1997 — Section 2(g) — Inherited Tenancy — Limitation — The definition of "tenant" under S. 2(g) extends tenancy rights to specified heirs (including son/daughter) of a deceased tenant for a maximum period of five years from the date of the tenant's death (or the Act's commencement, whichever is later), provided they were ordinarily living with and dependent on the tenant and meet other conditions — This five-year limitation does not apply to the dependent spouse — After the expiry of this statutory period, such heirs (other than the protected spouse) cease to be tenants under the Act.

Penal Code, 1860 — Sections 498A & 306 — Cruelty & Abetment of Suicide —

 JAGDISH GOND

Vs.

THE STATE OF CHHATTISGARH AND OTHERS

( Before : Sudhanshu Dhulia and K. Vinod Chandran, JJ. )

Criminal Appeal No.2605 of 2024

Decided on : 07-04-2025

Penal Code, 1860 — Sections 498A & 306 — Cruelty & Abetment of Suicide — Allegations supporting charges under Sections 498A and 306 IPC must be specific and substantiated — Vague complaints about the deceased being lazy or sick, without evidence of physical violence or persistent harassment meeting the threshold of cruelty likely to drive suicide, are insufficient for conviction under these sections.

Criminal Procedure Code, 1973 — Section 482 — Quashing of FIR — Insufficient Allegations

 UNION TERRITORY OF JAMMU AND KASHMIR

Vs.

BRIJ BHUSHAN

( Before : Sudhanshu Dhulia and K. Vinod Chandran, JJ. )

Special Leave Petition (Criminal) No.12026 of 2024

Decided on : 07-04-2025

Criminal Procedure Code, 1973 — Section 482 — Quashing of FIR — Insufficient Allegations — An FIR registered under the Prevention of Corruption Act and S. 120-B IPC concerning a decades-old land transaction was rightly quashed under S. 482 Cr.P.C. against the Managing Director of the beneficiary cooperative society where the allegations amounted merely to a “bland allegation of connivance” with state officials, without specifying his role in the alleged criminal conspiracy or corruption, and where no personal benefit was alleged to have accrued to him.

Penal Code, 1860 — Section 376 — Rape — Consent — False Promise of Marriage

 JASPAL SINGH KAURAL

Vs.

THE STATE OF NCT OF DELHI AND ANOTHER

( Before : B. V. Nagarathna and Satish Chandra Sharma, JJ. )

Criminal Appeal No…of 2025 Arising Out of SLP (Criminal) No. 4007 of 2024

Decided on : 07-04-2025

Penal Code, 1860 — Section 376 — Rape — Consent — False Promise of Marriage — For consent to sexual intercourse to be vitiated by a “misconception of fact” arising from a promise to marry, the promise must be false ab initio, made without any intention of being adhered to, and must have a direct nexus to the complainant’s decision Where the complainant was aware that the accused was married at the inception of the relationship, and the relationship was prolonged (spanning several years, even after both parties obtained divorces from their respective spouses), the consent given by a mature complainant is deemed reasoned and conscious, negating the element of “misconception of fact” — A subsequent breach of promise does not automatically convert the initial consent into one obtained by deceit under S. 375 IPC.

Penal Code, 1860 — Section 376 — Rape — Consent — Misconception of Fact — Promise to Marry

 BISWAJYOTI CHATTERJEE

Vs.

STATE OF WEST BENGAL AND ANOTHER

( Before : B. V. Nagarathna and Satish Chandra Sharma, JJ. )

Criminal Appeal No….of 2025 Arising Out of SLP (Criminal) No. 4261 of 2024

Decided on : 07-04-2025

Penal Code, 1860 — Section 376 — Rape — Consent — Misconception of Fact — Promise to Marry — Consent to sexual intercourse given by a mature individual, fully aware from the outset that the promisor is already married (though separated), cannot be deemed to be vitiated by a “misconception of fact” under Section 375 IPC merely based on a promise to marry after obtaining a divorce — Such knowledge precludes the necessary “misconception” and indicates a reasoned decision to engage in the relationship, especially when the relationship is prolonged and consensual.