A. Code of Civil Procedure, 1908—Section 92—Public Charities—Suit—Leave of Court—Institution of Suit—Interlocutory Orders— Obtaining leave of the Court under Section 92 is a mandatory pre-condition to the institution of a suit by persons interested in a public charitable or religious trust—An application seeking leave is only a threshold proceeding and, until leave is granted, no valid suit or lis exists before the Civil Court—Consequently, interlocutory or protective orders cannot ordinarily be passed during pendency of the leave application. [Paras 30–38] B. Code of Civil Procedure, 1908—Sections 92, 94 and 141—Order XL Rule 1—Public Charities—Appointment of Receiver—Leave to Institute Suit— Supplemental proceedings under Section 94 necess...
A. Poisons Act, 1919—Sections 2 and 8—Maharashtra Poisons Rules, 1972—Rules 18A and 18B—Methanol—Regulation of Sale and Possession—Constitutional Validity— State Government is empowered to regulate possession and sale of poisons; however, subordinate legislation must remain within the parent Act and satisfy the requirements of Articles 14 and 19 of the Constitution—Rule 18A(1), requiring verification of Form A licence to ascertain the purchaser’s use of methanol, was disproportionate as it restricted manufacturers and industrial consumers who were not required to possess Form A and rendered the existing Form B permit mechanism nugatory—The restriction was wider than the object sought to be achieved and failed to constitute a reasonable restriction in public interest. [Paras 19&nd...
A. Code of Criminal Procedure, 1973—Section 438—Anticipatory Bail—Custodial Interrogation—Self-Incrimination—Diversion of Funds— Where the State alleged that the appellant had failed to cooperate with investigation by refusing to trace diverted funds, the Court held that constitutional protection against self-incrimination came to the appellant’s rescue—It was for the prosecution to establish its case after undertaking earnest investigation—In the circumstances, no grounds were made out for custodial interrogation at that stage—Denial of anticipatory bail by the High Court set aside and protection from arrest made absolute, subject to appropriate terms and conditions. [Paras 3–9] B. Code of Criminal Procedure, 1973—Section 438—Anticipatory Bail—Cooperat...
A. Criminal Procedure Code, 1973 — Section 438 — Anticipatory Bail — Forgery of Will — Cooperation with Investigation — Grant of Relief — Where appellants apprehended arrest in offences under Sections 420, 404, 406, 381, 468, 471 and 120-B IPC arising out of allegations regarding fabrication of a Will, and had continuously cooperated with the investigation pursuant to interim protection granted by the Supreme Court, denial of anticipatory bail by the High Court held unsustainable — Pendency of civil proceedings challenging validity of the testament and absence of misuse of interim protection justified grant of anticipatory bail — High Court order set aside and anticipatory bail granted subject to conditions. Held: Cooperation with investigation and surrounding circumstances warranted protect...
A. Protection of Children from Sexual Offences Act, 2012—Sections 29, 30—Presumption of Guilt—Reverse Burden—Foundational Facts— The presumptions under Sections 29 and 30 are rebuttable and do not dispense with the prosecution’s initial burden to establish the foundational facts constituting the offence—Only after such foundational facts are proved does the evidential burden shift upon the accused to rebut the presumption—The prosecution must nevertheless establish guilt beyond reasonable doubt. [Paras 7.3–7.5.3] B. Protection of Children from Sexual Offences Act, 2012—Sections 29, 30—Reverse Burden—Standard of Proof—Fair Trial—Article 21— Statutory presumptions shifting the evidential burden do not alter the ordinary criminal standard of proof&md...
A. Assistant Director (Official Language) Recruitment Rules,2002 and 2005—Promotion—Officiating Appointment—Vested Right— An employee working only on officiating basis against a higher post does not acquire a vested right to promotion under the earlier Recruitment Rules merely because such post was occupied before the subsequent Rules came into force—where the employee was never regularly or provisionally promoted,the later change in the mode of recruitment cannot be invalidated on the ground of an accrued right to promotion under the earlier Rules. [Paras 8–10] B. Recruitment Rules,2002 and 2005—Promotion—Officiating Basis—Provisional Promotion—Distinction—Vested Rights— The distinction between an employee appointed on mere officiating basis and one provisionally ...
A. Code of Criminal Procedure, 1973—Section 438—Anticipatory Bail—Alleged Cheating—Civil Dispute—Sharing of Profits—Criminal Antecedent—Cooperation with Investigation— Allegation that appellant and his associates induced informant to provide ₹60 lakhs for obtaining lease of sand mahal and thereafter earned substantial profits without repaying the amount—Appellant contended that dispute essentially related to sharing of profits and was civil in nature, whereas State and informant alleged ingredients of cheating and excessive mining—Appellant had cooperated with investigation pursuant to interim protection granted by Supreme Court—Having regard to the nature of allegations and counter-allegations, interim protection held liable to be made absolute. [Paras 5–11] B. ...
A. Code of Criminal Procedure, 1973—Sections 432 and 473, Bharatiya Nagarik Suraksha Sanhita, 2023—Section 473—Permanent Remission—Premature Release—Remission Policy—Duty of Appropriate Government— Where the applicable Government has a policy prescribing guidelines for premature release, the appropriate Government is obligated to consider the cases of convicts for permanent remission as and when they become eligible under the policy, without requiring the convict or his relatives to make a specific application—District Legal Services Authorities are required to maintain relevant dates of convicts and facilitate transmission of remission papers to the Government for consideration—Accordingly, State of Maharashtra directed to consider petitioner’s case for permanent remission in ac...
A. Code of Criminal Procedure, 1973—Section 439—Bail—Economic Offences—Prolonged Custody—Investigation Complete—Chargesheet Filed—Trial Not Commenced— Appellant accused of offences under Sections 406, 420, 467, 468 and 471 IPC in relation to alleged cheating and misappropriation of more than Rs.12 crore, subsequently stated to be Rs.15 crore—Appellant remained in custody for almost one year, investigation was complete and chargesheet had been filed, whereas trial had not commenced—All offences alleged were Magistrate-triable—In such circumstances, further detention of appellant was held prima facie not justified and bail was granted, notwithstanding seriousness of allegations and pendency of a civil suit for recovery. Held: Prolonged custody, completion of investigation and...
A. National Green Tribunal Act,2010—Environmental Compensation—Accident Compensation—Disbursal—Untraceable Victim-Claimants—Court-Supervised Identification— Where compensation awarded by the NGT has been deposited with the Registry of the Supreme Court because the beneficiaries were not readily traceable,the inability to locate the claimants cannot defeat or indefinitely postpone payment—the High Court may undertake a court-supervised exercise to identify the injured persons and legal heirs,verify their entitlement and facilitate disbursal without reopening the quantum of compensation fixed by the NGT. [Paras 5–7] B. National Green Tribunal Act,2010—Environmental Compensation—Victim-Claimants—Legal Heirs—Verification of Entitlement—Inter Se Shares— Whil...
A. Indian Penal Code, 1860—Sections 376(2)(i), 361—Rape of Minor—Kidnapping from Lawful Guardianship—Child Victim—Proof— The testimony of a child victim, if consistent and trustworthy on the essential features of the occurrence, can form the basis of conviction without mandatory corroboration—Minor variations regarding time, subsequent state of consciousness or persons accompanying the victim to hospital do not discredit the prosecution case when the core version remains intact—Conviction under Sections 376(2)(i) and 6 POCSO Act upheld. [Paras 5.2–5.9, 8–9] B. Protection of Children from Sexual Offences Act, 2012—Section 6—Penetrative Sexual Assault—Medical Evidence—Absence of Spermatozoa—Effect— Absence of spermatozoa in the vaginal swab do...
A. Code of Civil Procedure, 1908—Order I Rule 10—Order XXII Rules 3 and 9—Death of Plaintiff—Legal Representatives—Substitution—Impleadment— Legal representatives of a deceased plaintiff cannot ordinarily be brought on record as party-defendants under Order I Rule 10 by circumventing the specific mechanism of substitution prescribed under Order XXII—Where the legal heirs do not seek substitution in place of the deceased plaintiff, the consequences are governed by Order XXII, including abatement where applicable—The general power of impleadment under Order I Rule 10 cannot be employed as an alternative route to the statutory procedure under Order XXII. [Paras 13–15, 19–22] B. Code of Civil Procedure, 1908—Order VIII Rule 6A—Counter-Claim—Claim Against Co...
A. Indian Penal Code,1860—Sections 147,148,149—Unlawful Assembly—Five or More Persons—Common Object—Proof— To attract Section 149 IPC,the prosecution must establish the existence of an unlawful assembly consisting of five or more persons at the place of occurrence—the mere fact that five persons were charge-sheeted is insufficient where the evidence does not establish their presence at the spot—where the prosecution evidence itself creates doubt regarding the presence of some accused,conviction with the aid of Section 149 cannot be sustained. [Paras 15–18] B. Indian Penal Code,1860—Sections 323,149—Assault—Injured Witness—Eye-Witness—Contradictory Attribution of Knife Blow—Benefit of Doubt— Though the testimony of an injured witness ordinari...
A. Narcotic Drugs and Psychotropic Substances Act,1985—Sections 20,29,37—Pre-Arrest Bail—Disclosure Statement of Co-accused—Financial Transaction—Prima Facie Material— Mere reliance upon a disclosure statement of a co-accused may not by itself justify denial of bail, but where the investigation discloses independent corroborative material such as a financial transaction through UPI connecting the applicant with the co-accused, the plea that the applicant is implicated solely on the basis of the disclosure statement cannot be accepted—the Court must consider the totality of the material collected during investigation. [Paras 13–18] B. Narcotic Drugs and Psychotropic Substances Act,1985—Section 37—Pre-Arrest Bail—Anticipatory Bail—Commercial Quantity—Co-accused...
A. Bombay Rents,Hotel and Lodging House Rates Control Act,1947—Section 12(3)(b)—Arrears of Rent—Regular Payment—Tender/Deposit—Mandatory Compliance— The requirement of payment or tender of rent “regularly” under Section 12(3)(b) is mandatory—the tenant seeking protection against eviction must pay or tender rent with reasonable punctuality at the intervals when it falls due—clock-like precision is not required,but persistent defaults for intervals of 2,3 or 4 months cannot be treated as substantial compliance—even subsequent clearance of all arrears does not confer discretionary power upon the Court to relieve the tenant from the statutory consequence. [Paras 8–8.1] B. Bombay Rents,Hotel and Lodging House Rates Control Act,1947—Section 12(3)(b)—Arrears o...
A. Payment of Gratuity Act,1972—Section 2(e)—Employee—State Government Employee—Exclusion—Other Act or Rules— An employee holding a post under the State Government is excluded from the definition of “employee” under the Payment of Gratuity Act where he is governed by another Act or Rules providing for payment of gratuity—the exclusion operates where the employee is already governed by a distinct statutory or rule-based gratuity regime—mere denial of a claim under the Government Rules does not by itself make Section 14 applicable. [Paras 14–20] B. Payment of Gratuity Act,1972—Sections 2(e),14—Overriding Effect—Applicability—State Government Employees—Gratuity under Government Orders— Section 14 of the Act gives overriding effect to the ...
A. Indian Penal Code,1860—Sections 302,34—Murder—Common Intention—Constructive Liability—Participation— Section 34 fastens constructive liability only where the criminal act is committed by several persons in furtherance of the common intention of all—mere presence at the scene,association with the principal offender or possession of a weapon does not by itself establish common intention or participation—there must be reliable circumstances showing prior or contemporaneous meeting of minds and participation having a real nexus with the criminal act—actual infliction of injury by every accused is not indispensable,but some participation in furtherance of the shared design is essential. [Paras 103–123,141] B. Indian Penal Code,1860—Sections 302,34—Common Intention&md...
A. Code of Civil Procedure,1908—Section 114—Order XLVII Rule 1—Review—Scope—Error Apparent—Reappreciation of Findings— Review jurisdiction is confined to an error apparent on the face of the record,discovery of new and important matter or evidence,or any other sufficient reason—a review petition cannot be used as an appeal in disguise to re-argue the case or challenge findings already recorded after consideration of the material—where cogent reasons support the original conclusion,a mere disagreement with such findings does not constitute an error apparent warranting review. [Paras 21–25] B. Code of Civil Procedure,1908—Section 114—Order XLVII Rule 1—Review—Lease—Extension of Tenancy—Unregistered Documents—Challenge to Finding— A...
A. Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act,1989—Section 3(1)(x)—Intentional Insult or Intimidation—Caste-Based Humiliation—Essential Ingredients— Mere use of a caste-related word during a quarrel does not by itself constitute an offence under Section 3(1)(x)—prosecution must establish intentional insult or intimidation with specific intent to humiliate the victim on the ground of his belonging to a Scheduled Caste or Scheduled Tribe and knowledge of such caste identity—where the occurrence arises from a sudden quarrel and caste-motivated intention is not proved beyond reasonable doubt,the statutory ingredients remain unestablished. [Paras 13–20] B. Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act,1989—Section 3(1)(x)—&ld...
A. Indian Penal Code,1860—Sections 452,376—Rape—House-Trespass—Victim’s Testimony—Credibility—Corroboration— Testimony of a victim of sexual assault stands on a higher pedestal than that of an ordinary injured witness—the victim is not an accomplice and her evidence does not require corroboration as a matter of law if it is found trustworthy and reliable—prompt FIR, immediate statement, medical evidence and subsequent death of the victim may furnish additional assurance to her version—conviction can be founded on the sole testimony of the victim where the Court is satisfied about its truthfulness. [Paras 60–61,65–69] B. Indian Evidence Act,1872—Section 32(1)—Dying Declaration—Statement under Section 161 CrPC—Subsequent Death of Maker&m...