A. Scheduled Tribes—Caste Claim Verification—Invalidation of Tribe Claim—A caste claim cannot be invalidated on the basis of adverse caste entries unless the Caste Scrutiny Committee establishes a clear and reliable nexus between such entries and the claimant's admitted genealogy. Failure to prove such linkage renders the order of invalidation unsustainable. (Paras 12, 15, 17, 18) B. Evidence—Adverse Documentary Entries—Burden of Proof—Where the claimant disputes the relationship with persons named in adverse caste records, the burden lies upon the Caste Scrutiny Committee to establish the connection. In the absence of such proof, adverse entries cannot be relied upon to reject the caste claim. (Paras 17, 18) C. Evidence—Pre-Constitutional Documents—Pre-Constitutional public docume...

A. Criminal Procedure Code, 1973—Section 311—Summoning of Witnesses—The power under Section 311 CrPC is discretionary and must be exercised judiciously to summon or recall a witness only where such evidence is essential for arriving at a just decision. The provision is intended to aid the discovery of truth and not to be exercised arbitrarily. (Paras 5, 8, 9) B. Criminal Procedure Code, 1973—Section 311—Defence Witnesses—An application to summon defence witnesses after recording the accused's statement under Section 313 CrPC cannot be allowed merely to fill lacunae in the defence case or to delay the trial. Where the accused had adequate opportunity to lead evidence but consciously chose not to do so, rejection of such application is justified. (Paras 2–4, 12, 14) C. Criminal Procedure C...

A. Electricity Act, 2003—Consumer Grievance Redressal Forum (CGRF)—Jurisdiction—Dispute relating to retrospective recovery of subsidy by way of "Debit Bill Adjustment" falls within the jurisdiction of the CGRF, as it concerns the legality of recovery of an already granted subsidy and not the initial grant or refusal of subsidy. Objection to jurisdiction rejected. [Paras 14, 15] B. Electricity Act, 2003—Subsidy—Retrospective Recovery—Recovery of previously granted VM Subsidy through "Debit Bill Adjustment" held impermissible where the subsequent Government Resolution contained no provision authorising retrospective recovery and the distribution licensee failed to establish the consumer's ineligibility during the relevant period. [Paras 12, 13, 18] C. Electricity Act, 2003&md...

A. Protection of Women from Domestic Violence Act, 2005—Sections 2(f), 2(q) and 12—Domestic Relationship—Married Sisters of Husband Living Separately—Held: For maintaining proceedings under the Domestic Violence Act, the existence of a “domestic relationship” arising out of living together in a shared household is an essential prerequisite—Married sisters of the husband, who have long been residing in their respective matrimonial homes and have never lived with the aggrieved woman in a shared household, do not satisfy the requirements of Sections 2(f) and 2(q) of the Act—Mere relationship by marriage or occasional visits to the parental home is insufficient to constitute a domestic relationship—Proceedings under the Act against such relatives are not maintainable. (Paras 8–11). ...

A. Criminal Procedure Code, 1973—Section 125—Maintenance—DNA test—Repeated applications—Application seeking DNA test to determine paternity filed after earlier similar applications stood rejected—Such orders having attained finality—Held, filing repeated applications on same issue amounts to abuse of process of law—Trial court justified in rejecting application. [Paras 8–10] B. Criminal Procedure Code, 1973—Section 125—DNA testing—Requirement of judicial order—Mere consent of opposite party insufficient to direct DNA test—Specific judicial order required for such examination—Application filed after long lapse of time without any subsisting direction held untenable. [Paras 8–10] Result: Application for DNA testing rightly rejecte...

A. Penal Code, 1860—Sections 363, 366-A, 376-AB, 506—Protection of Children from Sexual Offences Act, 2012—Sections 6, 10—Conviction—Sustainability—Inconsistent and unreliable evidence—Benefit of doubt—Conviction for kidnapping and penetrative sexual assault set aside—Material contradictions between testimony of prosecutrix and FIR version—Victim’s version not consistent with mother’s account—Evidence not of sterling quality—Medical evidence does not support prosecution case—No injuries, no conclusive opinion of sexual assault—Prosecution failed to establish foundational facts—Conviction unsustainable—Accused entitled to benefit of doubt. [Paras 5, 6, 7, 9, 10] B. Protection of Children from Sexual Offences Act, 2012—S...

A. Negotiable Instruments Act, 1881—Sections 138, 147—Code of Criminal Procedure, 1973—Section 482 (BNSS—Section 528)—Compounding of offence—Post-conviction stage—Offence under Section 138 NI Act is compoundable at any stage, even after conviction has attained finality—Section 147 has overriding effect over CrPC—High Court can exercise inherent powers under Section 482 CrPC/Section 528 BNSS to quash conviction on settlement between parties—Refusal to permit compounding would defeat legislative intent of encouraging settlement—Conviction and sentence quashed on compromise. [Paras 11, 17, 21, 23 to 25]  B. Negotiable Instruments Act, 1881—Sections 138, 147—Nature of offence—Offence under Section 138 is primarily civil in nature with compensatory...

Criminal Procedure Code, 1973—Sections 197, 482; Maharashtra Police Act, 1951—Sanction for Prosecution of Public Servants; Quashing of Proceedings; Police Atrocities; SPCA—Section 197 CrPC mandates prior sanction for prosecution of public servants for acts done in discharge of, or purporting to be in discharge of, official duty or in excess thereof, provided there is a reasonable nexus with official functions—Acts entirely outside the scope of duty do not attract protection—Sanction may be required at any stage if facts subsequently disclose its necessity—Section 482 CrPC empowers the High Court to quash proceedings ex facie bad, frivolous, or in abuse of process, particularly where allegations are prompted by mala fides—Allegations of police atrocities in custody fall within the ambit of official...

Maharashtra Scheduled Commodities (Regulation of Distribution) Order, 1975—Clause 24—Revisional Jurisdiction—A Revisional Authority, such as the Hon’ble Minister, must record positive findings regarding the legality, propriety, or irregularity of the impugned order before exercising revision—It cannot act as a first authority or substitute its own opinion merely because of the past conduct of a fair price shop owner or support from cardholders—An order setting aside the cancellation of Authorization without such findings is beyond jurisdiction and liable to be quashed—Matters remitted for fresh consideration on merits—— Locus Standi—A writ petition challenging an order under Clause 24 of the 1975 Distribution Order by a complainant/cardholder is maintainable, distinguishing it fr...

Prevention of Corruption Act, 1988—Sections 7 and 13(1)(d) read with Section 13(2)—Demand and Acceptance of Bribe—Appeal against Acquittal—Recovery Not Conclusive—Probable Defense—Acquittal Affirmed—In an appeal against acquittal under Sections 7 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, the prosecution is required to establish beyond reasonable doubt the initial demand and subsequent acceptance of illegal gratification; mere recovery of tainted money is not sufficient to sustain conviction—Where the complainant’s retiral benefits had already been released prior to the trap and no official work was pending with the accused, the very occasion or motive for demand was absent—Serious contradictions and omissions in the testimonies of the complainant a...