Protection of Children from Sexual Offences Act, 2012—Ss. 5(j)(ii), 5(l) r/w S. 6—Penal Code, 1860—S. 376(2)(f) & (i) (pre-2018 amendment)—Criminal Procedure Code, 1973—Ss. 313, 432—Rape by father on minor daughter—Conviction and sentence—DNA evidence—Chain of custody—Effect of non-examination of material witnesses—Presumption of guilt—Sentence—Held, DNA evidence, though scientifically reliable, can be acted upon only when the prosecution establishes an unbroken chain of custody ensuring the purity of the process—The prosecution must examine all material witnesses connected with the collection, sealing, storage, transportation and analysis of samples, including the doctor who collected the samples, the person who carried or stored them and the expert w...

Housing Laws—Maharashtra Ownership Flats Act, 1963 vs. Maharashtra Apartment Ownership Act, 1970—Formation of Cooperative Society or Condominium—Statutory Mandate Prevails over Contract—Limited Scope of Article 227—Under Article 227 of the Constitution, the High Court’s supervisory jurisdiction is limited and does not permit reappreciation of facts or interference where statutory authorities have acted within jurisdiction and applied correct legal principles—Section 4(1A)(v) of the Maharashtra Ownership Flats Act, 1963 mandates that an agreement for sale must clearly and definitively disclose, at the threshold, the precise nature of the organization—co-operative society, company, or condominium—to be formed by flat purchasers; any contractual clause granting unfettered or future discre...

Scheduled Tribes—Validation of Tribe Claim—Halba vs. Halba-Koshti—Evidentiary Requirements—Limited Scope of Judicial Interference—Protection of Past Benefits—A claim for recognition as belonging to the Halba Scheduled Tribe, when disputed as Halba-Koshti (a non-Scheduled Tribe weaving community predominantly found in Vidarbha), must be established primarily on the basis of reliable pre-constitutional documentary evidence—Courts ordinarily do not interfere with factual findings of the Caste Scrutiny Committee unless such findings are shown to be perverse or arbitrary—Documents of recent origin, including post-constitutional school records mentioning “Halba”, carry limited evidentiary value in the absence of corroborative pre-constitutional material—Where an isolated document...

Civil Procedure—Order XXXIX Rules 1 & 2 CPC—Injunction—Public Interest vs. Private Obstruction—Abuse of Process—Municipal Corporation Road Development—Where structures erected by private parties on land vested with a Municipal Corporation obstruct a Development Plan (DP) road, a claim for temporary injunction to prevent removal of such structures must yield to public interest—Private parties lacking legal title cannot impede the creation or continuity of essential public infrastructure, and reliance on technical interpretations of previous High Court directions (e.g., alleged width requirements) does not justify obstruction—Filing successive proceedings to resist removal after clear High Court directions constitutes abuse of process of law and may attract exemplary costs—The Munici...

Consumer Protection—Insurance Claim—Limitation—Operational Deficiency—Insurer’s Conduct—Just Compensation—Under Section 24A of the Consumer Protection Act, 1986, the limitation for filing a complaint is two years from the date of cause of action—Where an insurer, after receipt of renewal premium by cheque, delays processing or banking, and continues to follow up with surveyors while simultaneously claiming repudiation, the cause of action is extended to the date when repudiation is firmly communicated—The insurer’s inconsistent conduct and operational deficiencies, including failure to deposit the premium timely or to re-present a dishonoured cheque, cannot be used to deny liability under the policy—Section 64VB of the Insurance Act, 1938 requires premium to be received in ...

Maharashtra Stamp Act, 1958 —Sections 2(i), 2(l), 3, 47, 48 —Refund of Stamp Duty on Unexecuted Instrument —Stamp duty is leviable on an executed instrument, not on a mere intention or transaction; where a document (agreement for sale) was stamped electronically but never executed, no chargeable instrument came into existence, rendering the impressed stamp spoiled under Section 47(b)/(c), entitling the payer to refund or allowance—While Section 48(3) prescribes a six-month limitation for claiming refund, it is procedural and does not restrict the High Court’s exercise of writ jurisdiction under Article 226; in cases of bona fide abandonment of the transaction (e.g., due to unforeseen personal circumstances), denying refund would result in unjust enrichment by the State—Equity, justice, and fairness just...

Maharashtra Co-operative Societies Act, 1960—Sections 154B-8, 154B-23, 77A—Disqualification of Managing Committee for Non-supply of Documents and Mismanagement—The Managing Committee of a society has a statutory duty under Section 154B-8(2) to furnish requested documents within 45 days (30 days for Government-assisted societies); failure to comply, especially after repeated requests and directions from the Registrar, constitutes a serious breach warranting disqualification under Section 154B-23(1)(iii), with ineligibility for re-election for five years under Section 154B-23(3); the powers of disqualification and supersession under Sections 154B-23 and 77A operate independently of monetary penalties under Section 154B-27; the duty is collective, and mere delayed compliance does not amount to substantial compliance; appoin...

Electricity Act, 2003—Sections 127 and 62—Pre-deposit in Appeals and Interest—A statutory pre-deposit under Section 127(2) for appeals against unauthorised electricity assessment is a mandatory pre-condition, not a voluntary payment or charge for consumption—Where the assessment is set aside on appeal, the consumer is not entitled to interest on the pre-deposit, as Sections 127(6) and 62(6) do not create reciprocal liability; interest arises only where the statute expressly provides it (Section 62(6) for excess tariff recovery)—Courts cannot read in a right to interest where the legislature has consciously omitted it (casus omissus) (Paras 3, 4, 8, 9, 10, 11, 14, 18). ...

Bombay Municipal Corporation Act, 1888—Section 351—Unauthorized Construction, Court Receiver, and Abuse of Process—Commercial structures alleged to be unauthorized were rightly found ineligible for regularization where appellants failed to provide credible pre-1961 evidence or sanctioned plans—Properties under custodia legis require the Court Receiver to be impleaded; failure to do so obstructs justice—Filing fresh suits while concealing prior litigation, court orders, and executed Permanent Alternate Accommodation Agreements constitutes abuse of process, fraud, and misrepresentation—Frivolous and obstructive litigation warrants dismissal with exemplary costs to deter misuse of judicial process. ...

Transfer of Property Act, 1882—Section 58(c)—Mortgage by Conditional Sale vs. Sale with Condition to Repurchase—The character of a transaction depends on the intention of the parties, determined primarily from the language of the document—A mortgage by conditional sale requires a debtor-creditor relationship with principal and interest secured, whereas a sale with a condition to repurchase merely reserves the right to buy back without creating a debt—Where a sale deed grants the purchaser absolute rights, including creating third-party interests, it evidences an absolute sale and negates a mortgage—If the repurchase period expires, the right to repurchase is extinguished, and external circumstances (e.g., alleged inadequate consideration) cannot alter the plain terms of the document. ...