Penal Code, 1860—Section 498-A—Scope of “Relative of Husband”—Friend Not Covered—Quashment of Proceedings Allowed—In Amol S/o Shankarraoji Chkole v. State of Maharashtra, the Bombay High Court quashed criminal proceedings under Section 498-A IPC against the applicant, a friend of the husband of the complainant—While the complaint alleged that the applicant instigated the husband to coerce the wife for dowry and advised him to sever ties if demands were not met, the Court held that a "friend" does not fall within the statutory meaning of "relative" under Section 498-A IPC—Relying on the Supreme Court’s decision in Dechamma I.M. v. State of Karnataka and U. Suvetha v. State, the Court emphasized that the term “relative” under Section 498-A must be in...

Constitution of India—Article 22(1)—The applicant sought regular bail under Section 483 of the BNSS in connection with Crime No. 922/2024 registered for serious offences under IPC Sections 109, 120-B, 406, 409, 420, 467, 471, etc., and Section 3 of the MPID Act, involving alleged financial fraud of ₹242 crores during her tenure as CEO of Babaji Date Mahila Sahakari Bank, Yavatmal—The prosecution alleged misuse of position to illegally sanction loans in the names of relatives, benefitting her husband—While acknowledging the serious nature of the economic offence, the Court found merit in the applicant’s claim of illegal arrest, citing violation of Section 46(4) CrPC/BNSS, as arrest occurred after sunset without prior permission from the Judicial Magistrate—Furthermore, the Court noted failure to commun...

Penal Code, 1860—Section 376—And Evidence Act, 1872, Section 114(b), the testimony of a rape victim is treated with the same sanctity as that of an injured witness; corroboration is not mandatory if her testimony is trustworthy and inspires confidence—Courts must assess her evidence sensitively, acknowledging that she is a victim, not an accomplice, and minor inconsistencies do not vitiate a credible case—However, if the court feels cautious in relying solely on her statement, it may seek assurance through supporting evidence, short of full corroboration—Medical findings such as contusions and bite marks on sensitive areas (e.g., breasts), noted by multiple doctors and left unchallenged, significantly strengthen the prosecution’s case—Absence of semen does not negate rape, as per Section 375, whic...

Civil Procedure Code, 1908—Partition Decree—Preliminary vs—Final—A preliminary decree in a partition suit, which merely declares parties’ rights and shares, is not executable under Order XXI Rule 35 CPC—Execution lies only after a final decree is passed under Order XX Rule 18, which allocates specific shares by metes and bounds and is duly engrossed on requisite stamp paper as per the applicable Stamp Act (e.g., Bombay/Maharashtra Stamp Act)—Filing execution based solely on a preliminary decree is premature and not maintainable. Stamp Act—Section 34—A final partition decree is chargeable with stamp duty and cannot be acted upon or executed unless properly stamped—The executing court is barred from acting on an unstamped or insufficiently stamped final decree—Land Revenue...

Drugs and Cosmetics Act, 1940, Section 34, for prosecuting Directors (including the Managing Director) of a company for an offence committed by the company, the complaint must contain clear averments establishing their responsibility for the company's business at the time of the alleged offence—Without these foundational allegations, the prosecution is unsustainable—Section 25(3) grants the accused a statutory right to challenge the Government Analyst’s report within 28 days; procedural delays, such as delayed report submission or prosecution, prejudice the accused's ability to exercise this right effectively—Rule 45 of the Drugs Rules, 1945, mandates timely provision of the analyst’s report, and significant delays violate this requirement—If the accused is unable to controvert the report due to...

Maharashtra Rent Control Act, 1999—Section 16(1)(g)—A landlord can seek eviction if the premises are genuinely and bona fide required for personal use or that of specified individuals—The landlord is considered the best judge of their requirement, and the tenant cannot dictate the terms of this requirement, provided the need is legitimate, not a mere pretext—Factors such as the landlord's financial situation, qualification, or need to start a business are relevant in proving bona fide requirement—The tenant must prove, under Section 16(2), that eviction would cause greater hardship than to the landlord—A notice is not required before filing a suit for eviction under Section 16(1)(g), and the omission of this ground in a notice does not invalidate the suit—Under Section 55, non-registration of ...

Maharashtra Land Revenue Code, 1966—Sections 85—The principles of natural justice, particularly audi alteram partem, require that before deleting a person's name from revenue records (such as the 7/12 extract), the concerned revenue authority must issue a notice and provide an opportunity for a hearing—A deletion order passed without following this procedure is unsustainable—Under the Maharashtra Land Revenue Code, 1966, specifically Sections 85 and 227, when implementing a partition decree, the Revenue Officer, like the Naib Tahsildar, must conduct an inquiry and hear the co-holders before making any changes to the revenue records—Acting solely on a court order without hearing the affected parties constitutes procedural irregularity—The existence of an alternative remedy, such as a revenue appeal, ...

Protection of Children from Sexual Offences Act, 2012—S.29—The testimony of the victim's mother, as the sole eyewitness, can form the basis for conviction if it is consistent, reliable, and corroborated by medical evidence—Minor omissions or improvements in the testimony do not necessarily undermine its credibility, especially when the core narrative is consistent and supported by medical findings such as hymenal tears and redness, which suggest penetrative sexual assault—In such cases, the medical evidence, while not necessarily ruling out alternative causes, significantly corroborates the eyewitness account—The statutory presumptions under Sections 29 and 30 of the POCSO Act shift the burden of proof to the accused once the foundational facts are established—The appellate court can modify sentence...

Maintenance and Welfare of Parents and Senior Citizens Act, 2007—Ss. 16, 23—Right of Appeal—Interpretation—Though Section 16(1) of the Act appears to restrict the right of appeal to parents or senior citizens, courts have held that the provision must be purposively interpreted to include any affected party, including children and relatives—In the present case, the Sub-Divisional Magistrate directed the petitioners (son and daughter-in-law) to vacate portions of residential property without granting maintenance to the senior citizen father—Petitioners attempted to file an appeal under Section 16 before the Collector, which was refused on the ground that only senior citizens can appeal—Relying on judicial precedents including Paramjit Kumar Saroya v. Union of India and decisions of the Bombay High C...

Prevention of Corruption Act, 1988—S.19 & 7, 11, 13, 15—Cognizance Without Sanction—Invalid—Discharge Warranted—The requirement of prior sanction under Section 19(1) is mandatory and jurisdictional, prohibiting courts from taking cognizance of offences under Sections 7, 11, 13, and 15 of the PC Act against a public servant without such sanction—This safeguard ensures protection from vexatious proceedings and mandates a reasoned application of mind by the competent authority—If sanction is explicitly refused, including upon reconsideration, the court lacks jurisdiction to proceed and any cognizance taken is vitiated ab initio—Consequently, the accused public servant must be discharged—Under Section 227 CrPC, discharge is proper where, assuming prosecution material as true, no prima ...