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General Clauses Act, 1897; S. 27 -----  Evidence Act, 1872; S. 114 -----
Negotiable Instruments Act, 1882; S. 138 ----- Whether it is necessary to state that the notice issued under Section 138 of the NI Act by the complainant was served upon the respondent-accused on any specific date ----- Held: since the NI Act does not require that notice should only be given by ‘post’ in a case where the sender has despatched the notice by post with correct address written on it, Section 27 of the GC Act could be profitably imported and in such a situation service of notice is deemed to have been effected on the sender unless he proves that it was really not served and that he was not responsible for such non-service ----- Section 114 of the Evidence Act enables the Court to presume that in the common course of natural events, the communication would have been delivered at the address of the addressee.

Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (the Atrocities Act), S. 3(1)(ix), 3(2)(vi) and 3(2)(vii) read with 18 ------
Whether there is an absolute bar to the grant of anticipatory bail ----- unless exclusion of anticipatory bail is limited to genuine cases and inapplicable to cases where there is no prima facie case was made out, there will be no protection available to innocent citizens ----- Limiting the exclusion of anticipatory bail in such cases is essential for protection of fundamental right of life and liberty under Article 21 of the Constitution ----- exclusion of provision for anticipatory bail will not apply when no prima facie case is made out or the case is patently false or mala fide ----- protection of innocent against abuse of law is part of inherent jurisdiction of the Court being part of access to justice and protection of liberty against any oppressive action such as mala fide arrest

Consumer Protection Act, 1986; Rejection of Insurance claim – Insurance by home loan borrower – On 29.09.2008 premium was deducted from loan account towards Insurance company -- Proposal form dated 29.09.2008 was accompanied by good health declaration by the insured – Insured person died on 17.12.2009 – Neither the bank nor the insurance company had ever informed the proposer or the appellant herein about the non-issuance of policy for want of medical certificate -- in the case of joint housing loan the full loan amount will be insured even if the policy is issued in the name of only one loanee -- Claim to pay the outstanding loan amount rejected – State Commission allowed the claim – National Commission set aside the order of State Commission – Supreme Court upheld the observation of State Commission.

Land Encroachment Act, 1905; S. 6, 7 – Evidence Act, 1872; S. 90, 110 – Presumption of title as a result of possession, can arise only where facts disclose that no title vests in any party -
- Possession of the plaintiff is not prima facie wrongful, and title of the plaintiff is not proved -- It certainly does not mean that because a man has title over some land, he is necessarily in possession of it -- if at any time a man with title was in possession of the said property, the law allows the presumption that such possession was in continuation of the title vested in him -- person must establish that he has continued possession of the suit property -- other side claiming title, must make out a case of trespass/ encroachment etc -- mere acceptance of municipal tax or agricultural tax by a person, cannot stop the State from challenging ownership of the land -- Nor can such a presumption arise in case of grant of loan by a bank upon it hypothecating the property -- revenue records confer title, for the reason that they merely show possession of a person -- Held: A revenue record is not a document of title -- It merely raises a presumption in regard to possession

Evidence Act, 1872; S. 65B (2) – Electronic record -- Specified conditions --
(i) The electronic record containing the information should have been produced by the computer during the period over which the same was regularly used to
store or process information for the purpose of any activity regularly carried on over that period by the person having lawful control over the use of that computer;
(ii) The information of the kind contained in electronic record or of the kind from which the information is derived was regularly fed into the computer in the ordinary course of the said activity;
(iii) During the material part of the said period, the computer was operating properly and that even if it was not operating properly for some time, the break or breaks had not affected either the record or the accuracy of its contents; and (iv) The information contained in the record should be a reproduction or derivation from the information fed into the computer in the ordinary course of the said activity.;

Evidence Act, 1872; S. 65B (4) – Electronic record -- Conditions to be fulfilled --
(a) There must be a certificate which identifies the electronic record containing the statement;
(b) The certificate must describe the manner in which the electronic record was produced;
(c) The certificate must furnish the particulars of the device involved in the production of that record;
(d) The certificate must deal with the applicable conditions mentioned under Section 65B(2) of the Evidence Act; and
(e) The certificate must be signed by a person occupying a responsible official position in relation to the operation of the relevant device.

Evidence Act, 1872; S. 65B (4) – Electronic record – Certificate -- The person issuing certificate needed only to state in the certificate that the same is to the best of his knowledge and belief -- Such a certificate must accompany the electronic record like computer printout, Compact Disc (CD), Video Compact Disc (VCD), pen drive, etc., pertaining to which a statement is sought to be given in evidence, when the same is produced in evidence.

Evidence Act, 1872; S. 65B (4) – Electronic record -- If an electronic record as such is used as primary evidence under Section 62 of the Evidence Act, the same is admissible in evidence, without compliance of the conditions in Section 65B of the Evidence Act.

Constitution of India; Art. 14 and 21 -- Recognition of third gender –

Held: the Court upheld transgender persons’ right to self-identify their gender. The Constitution requires equal treatment of all people regardless of their gender identity or expression. The Court declared that the Centre and State governments must grant legal recognition of gender identity as male, female or third gender. A full recognition is to be given even in the absence of any existing statutory regime. Additionally, the Court declared that educational, social and health care issues faced by transgender people must be addressed both at the centre and state government levels.

Code of Criminal Procedure, 1973; S. 439 ----- Application for Bail to Session Court or High Court without filing application before the Magistrate ---
-- If maintainable ----- Held: that there are no restrictions on the High Court or Sessions Court to entertain an application for bail, provided, accused is in custody.

Negotiable Instruments Act, 1881; S. 138 ------ Compounding the offence under Section 138 of the Negotiable Instruments Act, 1881 (the Act) on payment of the cheque amount and in the alternative for exemption from personal appearance ----- Held that where the cheque amount with interest and cost as assessed by the Court is paid by a specified date, the Court is entitled to close the proceedings in exercise of its powers under Section 143 of the Act read with Section 258 Cr.P.C.

Negotiable Instruments Act, 1881; S. 138 ------ Service of summons ----- Mode of ----- The service of summons can be by post/e-mail/courier and ought to be properly monitored (Para 16).

Negotiable Instruments Act, 1881; S. 138 ------ Implementation of technology ----- Use of modern technology needs to be considered not only for paperless courts but also to reduce overcrowding of courts ----- There appears to be need to consider categories of cases which can be partly or entirely concluded “online” without physical presence of the parties by simplifying procedures where seriously disputed questions are not required to be adjudicated. Traffic challans may perhaps be one such category ----- Atleast some number of Section 138 cases can be decided online ----- If complaint with affidavits and documents can be filed online, process issued online and accused pays the specified amount online, it may obviate the need for personal appearance of the complainant or the accused ----- Only if the accused contests, need for appearance of parties may arise which may be through counsel and wherever viable, video conferencing can be used ----- Personal appearances can be dispensed with on suitable self operating conditions. (Para 17)

Indian Succession Act, 1925; Ss. 281, 282 -- Whether execution of will in English can be doubted on ground that testator was not knowing English language ----- Held: The lack of knowledge of English even if can be attributed to the testator would not fundamentally alter the 14 Page 15 situation inasmuch as before registration of the Will the contents thereof can be understood to have been explained to the testator or ascertained from her by the Sub Registrar, who had deposed that such a practice is normally adhered to.

Indian Succession Act, 1925; -- Loss of original Will ----- Held: The stand of the plaintiff that the original Will was lost while in the custody of her mother and her knowledge of such loss on the day of her mother’s death cannot be disbelieved merely because no report in this regard was lodged before the police.

Negotiable Instruments Act, 1882; S. 138 – Statutory notice send through Fax – Whether valid – Held: Legislature contemplated that notice in writing should be given to the drawer of the cheque, the legislature must be presumed to have been aware of the modern devices and equipment already in vogue and also in store for future – When Parliament contemplated notice in writing to be given we cannot overlook the fact that Parliament was aware of modern devices and equipment already in vogue -- Notice envisaged in clause (b) of the provisoto Section 138 was transmitted by fax it would be compliance with the legal requirement.