Maharashtra Civil Services (Pension) Rules, 1982—Rule 46(1) & (2)—Forfeiture of Past Service on Resignation—Maharashtra Administrative Tribunal Act, 1985—Section 19—Delay and Condonation—Res Judicata—Suppression of Information—Government Appointments—Constitution of India, Article 226—Writ Jurisdiction—The petitioner’s past service was forfeited following termination and subsequent fresh appointment as Chief Administrative Officer, as resignation generally leads to forfeiture under Rule 46(1) & (2) unless reemployment with proper permission occurs—The Tribunal rightly dismissed the petitioner’s second Original Application for condonation of break in service, applying res judicata principles due to suppression of earlier orders, constituting abuse o...

Criminal Procedure Code, 1973—Section 482—Criminal Procedure—Quashing of FIR—Alleged Offences under Sections 152, 196, 197, 352, 353 BNS 2023—Social Media Messages Targeting Nation and Prime Minister—No Grounds for Quashing at Preliminary Stage—In [Name Redacted], the Bombay High Court dismissed a petition seeking quashing of FIR alleging that the petitioner posted derogatory and inflammatory messages on a WhatsApp group and her status, including a video depicting burning Indian flag and offensive remarks against the country and Prime Minister, shortly after Indian Army’s ‘Operation Sindoor’—The petitioner’s reaction with a laughing emoji to patriotic messages and reference to her family’s Pakistani origin were also noted—The Court held that prima facie, t...

Indian Succession Act, 1925—Section 63—Will—Due Execution, Burden of Proof, Suspicious Circumstances—Inconsistencies in Witness Testimony—Handwriting Expert’s Credibility—Registration Not Mandatory—In a suit concerning the validity of a will, the Court reiterated the essential requirements under Section 63 of the Indian Succession Act, 1925: the testator must sign the will in the presence of two attesting witnesses, and both witnesses must attest in the testator's presence—The propounders of the will, who were major beneficiaries, failed to discharge the burden of proving due execution—The testimonies of the attesting witnesses were inconsistent, evasive, and failed to corroborate each other regarding the testator’s presence and awareness—Suspicious circumstances ...

The Court condemned the municipal authorities for prolonged illegal occupancy of commercial premises without Occupation Certificates, contrasting it with the extended displacement of residential tenants, highlighting systemic failure and municipal apathy—It sharply criticized the Municipal Commissioner and officers for dereliction of duty, suppressing information, and shifting blame, emphasizing that public servants must act proactively against unauthorized construction and occupation to ensure public safety—The Court expressed serious concerns over compromised structural stability and fire safety violations affecting innocent visitors—Noting acquittals based on hearsay and lack of evidence, it decried the farcical enforcement of municipal laws—The Court mandated the Municipal Commissioner to hold officers accounta...

Maharashtra Industrial Development Act, 1961 (MID Act), Section 1(3)—The Petitioners challenged the classification of Plot No. A-350/1 in the TTC Industrial Area, Mahape, Navi Mumbai as “Forest Land” by the Forest Department—The plot had been allotted to the Petitioners by MIDC, which had collected a lease premium of over ₹5 crores, but did not hand over possession citing objections from the Forest Department—Petitioners also challenged the Sub-Divisional Officer’s order and sought directions for execution of the lease deed and possession of the plot—The Bombay High Court (Coram: B.P. Colabawalla, J.) held that Survey No. 134, which includes Plot A-350/1, had been acquired by the State under the MID Act and vested in the State Government free from encumbrances—The land was handed to MIDC i...

Criminal Procedure Code, 1973—Section 391, 313—The conviction is primarily based on DNA evidence, failure by the prosecution to examine the expert who prepared the DNA report constitutes a serious lapse, vitiating the trial under Sections 313 and 391 CrPC—The Supreme Court, relying on Irfan alias Bhayu Mevati v. State of Madhya Pradesh, emphasized that expert testimony must be subjected to cross-examination to uphold the accused's right to a fair trial—The denial of such an opportunity renders the trial procedurally unfair—In such circumstances, a remand under Section 391 CrPC is the proper course of action—not a complete retrial—to allow for examination of the expert witness, fresh Section 313 CrPC questioning of the accused based on the additional evidence, and re-hearing of arguments—...

Constitution of India, 1950—Article 227—The Bombay High Court upheld concurrent findings of the Trial and Appellate Courts granting eviction under Section 13(1)(k) of the Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947—The tenant was found to have kept the rented shop locked and unused for over 15 months preceding the eviction suit, without reasonable cause—The defense cited the illness and subsequent demise of the tenant’s wife as justification for the non-user, but both courts found this explanation insufficient to cover the entire period of non-user—The Court held that non-consumption of electricity during the relevant time and the tenant’s failure to respond to a pre-suit notice substantiated the landlord’s case—The Court rejected the argument that the absence of th...

Arbitration and Conciliation Act, 1996—Sections 34 & 37—The Arbitral Tribunal has the competence to rule on its own jurisdiction—Where the Supreme Court remands a matter for fresh consideration—including discovery, fresh evidence, and a de novo jurisdictional ruling—the Tribunal's compliance with these directives fulfills the remand's purpose—Once the Tribunal re-rules on jurisdiction, including rejecting the applicability of the 'Group of Companies' Doctrine, related appeals previously held in abeyance can proceed—Any further deferment on the basis of pending challenges to the new jurisdictional ruling contradicts the Supreme Court’s express instructions and amounts to judicial overreach—In challenges under Sections 34 and 37 of the Act, where a party admits liabil...

Negotiable Instruments Act, 1881—Section 138—Dishonour of Cheque—Under Section 433(e) of the Companies Act, 1956, a company may be wound up if unable to pay its debts—The court disregards defenses based on mere refusal to pay an undisputed debt and may order winding up even if the exact amount is uncertain, provided the company’s defense lacks good faith or prima facie merit—A belated and vague dispute over a debt, especially after admitting liability via a demand promissory note and receiving account statements, is not bona fide and indicates an attempt to avoid winding-up—Findings in criminal proceedings under Section 138 of the Negotiable Instruments Act, 1881, do not override civil decrees based on the preponderance of probabilities; thus, an unchallenged civil decree for debt suffices for win...

Income Tax Act, 1961—Section 45(1A)—Insurance claims received for the death or destruction of capital assets such as horses are capital receipts and not taxable as profits under Section 41(1)—The heads of income are mutually exclusive, and income taxable under one head cannot be shifted arbitrarily to another—Such insurance claims do not amount to ‘transfer’ under Section 2(47) or capital gains under Section 45(1), as destruction lacks a transferee—The Finance Act, 1999 introduced Section 45(1A) to tax such claims as capital gains prospectively from April 1, 2000; thus, it cannot be applied retrospectively to earlier assessment years—When the animal is treated as a capital asset, no deduction under Section 36(1)(vi) for dead animals is allowable if insurance proceeds exceed book cost, and co...