Caste Certificate – Provisional Admission and Employment – Petitioner admitted to M.B.B.S. and M.D. courses based on provisional caste certificate – Caste claim invalidated by Scrutiny Committee – Petitioner completed courses and was appointed as Medical Officer – Petitioner sought protection of education and employment – High Court dismissed the petition, citing the Apex Court’s judgment in Jagdish Bahira & Others v. State of Maharashtra, which mandates withdrawal of benefits secured through invalid caste certificates – Court observed that protection of such benefits violates constitutional and statutory norms [Paras 1-14].

Equity Principle – Protection of Education – Petitioner’s plea for protection based on prolonged benefits availed due to inaction by authorities – Court rejected plea, emphasizing that equitable considerations cannot override statutory mandates – Apex Court precedents in Jagdish Bahira and other relevant judgments upheld, stating that benefits drawn under false caste claims must be withdrawn to preserve integrity and rule of law [Paras 10-12].

Legislative Mandate – Withdrawal of Benefits – Supreme Court decisions reiterated – Benefits drawn under false claims to be withdrawn – No protection for admissions or employment secured on invalid caste certificates – Section 10 of the Maharashtra Act XXIII of 2001 emphasized [Paras 10-13].

Decision – Writ Petition Dismissed – No protection for educational and employment benefits drawn under invalid caste claim – Effect and operation of the judgment stayed for four weeks – Rule discharged, no costs [Para 14].

Criminal Law – Bail – Dowry Death – Petitioner sought bail in case registered for dowry harassment and death – FIR based on statements from deceased’s family alleging dowry demands and harassment – Charge-sheet filed, petitioner in custody for over a year – No evidence of petitioner’s ability to tamper with evidence or threaten witnesses – Bail granted with conditions to ensure petitioner’s availability for trial and prevent tampering with evidence [Paras 1-16].

Bail Conditions – Bail granted subject to furnishing security, attendance at police station, and non-interference with witnesses – Conditions imposed to mitigate risk of absconding and ensure trial proceedings are not hindered [Paras 14-16].

Decision: Bail granted – Petitioner to furnish security of ₹50,000 with two sureties – Petitioner not to leave NCT of Delhi without court permission – Regular attendance at police station mandated – Non-interference with witnesses and trial proceedings ensured through stringent conditions [Paras 14-16].

Bail – NDPS Act – Non-Compliance with Section 42 – Allegation of Recovery of 150 Kg Poppy Husk – Petitioner argues non-compliance with mandatory provisions of Section 42 NDPS Act – Custody since January 5, 2023 – Right to speedy trial emphasized – Custody certificate indicates over 18 months in detention – Bail granted with conditions [Paras 1-10].

Right to Speedy Trial – Article 21 – Prolonged Pre-Trial Detention – Reference to Supreme Court rulings emphasizing the right to speedy trial as part of fair and just procedure under Article 21 – Case references: Hussainara Khatoon, Abdul Rehman Antulay – Bail granted considering prolonged custody and delay in trial [Paras 7-8].

Decision: The petition for regular bail is allowed. The petitioner is ordered to be released on regular bail upon furnishing adequate bail/surety bonds to the satisfaction of the trial court/duty magistrate. Conditions include non-tampering with evidence, non-intimidation of witnesses, regular court appearance, and non-commission of similar offenses. Breach of any condition will lead to prosecution's liberty to apply for bail cancellation [Paras 6-11]​​.

Landlord and Tenant – Eviction – Arrears of Rent – Petitioner tenant failed to pay rent for over six months and ignored landlord’s notice demanding arrears – Landlord entitled to decree for possession under Section 12(3)(a) of Bombay Rent Act – Tenant's defence of non-receipt of notice and payment to another heir rejected – Notice considered duly served – Appeal dismissed, eviction decree upheld [Paras 1-30].

Fixation of Standard Rent – Application filed after prescribed period – Bombay Rent Act requires filing within one month of notice – Application rejected – Standard rent application cannot nullify decree for arrears of rent and eviction [Paras 26-33].

Service of Notice – Validity – Notice sent to tenant’s workplace and marked as refused – Held valid service – Tenant had prior knowledge of landlord’s ownership and obligation to pay rent [Paras 18-20].

Tenant's Obligations – Arrears of Rent – Tenant failed to deposit arrears during pendency of suit – Triple default: pre-suit, post-suit, and during suit – No protection under Section 12(3)(b) for non-compliance [Paras 27-28].

Decision: Writ Petition dismissed – Concurrent findings of lower courts upheld – Tenant's eviction affirmed – Application for fixation of standard rent dismissed as untimely and ineffective in negating default [Paras 33-34].

Criminal Procedure – Interim Maintenance – Challenge to interim maintenance order of Rs. 7,500/- (Rs. 4,000/- to respondent no.2 and Rs. 3,500/- to respondent no.3) granted by Family Judge – Revisionist’s claims of sufficient maintenance already being paid under Domestic Violence Act – Court considered financial obligations and rejected plea of loan repayment as grounds for reduction – Interim order upheld despite lack of detailed reasoning – Revision dismissed in limine [Paras 1-10].

Maintenance Obligations – Assessment of Financial Capacity – Revisionist’s assertion of Rs. 28,000/- salary and existing maintenance payments of Rs. 5,000/- under Domestic Violence Act considered – Court determined interim maintenance amount reasonable, not excessive – Loan obligations not deemed sufficient to reduce maintenance amount [Paras 6-9].

Decision – Revision Dismissed – Held – Order for interim maintenance of Rs. 7,500/- upheld – No interference warranted in the impugned order [Para 10].

Disciplinary Proceedings – Non-Issuance of First Show-Cause Notice – Deceased employee dismissed from service after prolonged unauthorized absence – Disciplinary authority failed to issue the first show-cause notice along with the enquiry report as mandated by Rule 15(10) of the OCS (CCA) Rules, 1962 – High Court quashed the dismissal order due to procedural lapses and violation of principles of natural justice – Petitioner held entitled to notional service benefits and family pension [Paras 4-7].

Judicial Review – Scope and Interference – Court emphasized that judicial review is concerned with the decision-making process and not the merits of the decision – Interference justified where procedural rules and natural justice principles are violated – High Court directed the release of pensionary benefits within three months [Paras 4.9-4.17].

Decision – Writ Petition Allowed – Held – Orders of dismissal and subsequent appellate confirmation quashed – Deceased employee deemed to have continued in service notionally till superannuation – Petitioner entitled to pension and pensionary benefits [Para 8].

Interim Maintenance – Property Ownership Not Determinative – Petitioner, despite owning a gifted two-storied building, lacks independent income – Magistrate erroneously concluded property alone suffices for maintenance – Gifted property does not negate husband’s statutory obligation to provide maintenance if wife lacks her own income – Claim for interim maintenance justified and allowed [Paras 1-6].

Husband’s Income – Liability to Maintain – Opposite party no. 1’s take-home salary considered – Even with existing liabilities, sufficient income demonstrated to grant interim maintenance – Opposite party no. 1 directed to pay Rs. 5,000/- per month to petitioner from the date of application under Section 23(1) – Arrears to be cleared in 40 equal installments [Paras 5-8].

Ex Parte Decision – Opposite party no. 1 failed to appear despite proper service – Case heard and decided ex parte – Petitioner’s entitlement to interim maintenance affirmed [Paras 3, 7].

Decision: Criminal Revisional Application allowed – Interim maintenance of Rs. 5,000/- per month awarded – Opposite party no. 1 to pay arrears in 40 equal installments – Order by Magistrate set aside, interim order vacated [Paras 6-12].
 

Criminal Law – Inclusion of POCSO Charges – Petitioner challenged the rejection of her application for addition of Section 12 of the POCSO Act – Case initially filed under Sections 363 and 366A IPC for enticement of minor daughter – Trial Court dismissed inclusion of POCSO charges citing lack of sufficient material – High Court upheld the dismissal, confirming no evidence supporting POCSO charges [Paras 1-9].

Criminal Procedure – Section 216 Cr.P.C. – Court’s Power to Alter Charges – The Court may alter or add charges at any time before judgment – Requirement for material evidence to justify such alterations emphasized – High Court found no materials warranting the addition of Section 12 POCSO charges, supporting the Trial Court’s decision [Paras 6-8].

Facts of the Case – Victim enticed by accused, later married and living together – State submitted that the couple now leads a conjugal life – Victim was 13 years old at the time of offense – High Court noted lack of material evidence to support POCSO charges – Current charges under Sections 363/366A IPC deemed appropriate [Paras 2-4, 8].

Decision – Revision Application Dismissed – High Court dismissed the application for addition of POCSO charges – Directed return of case diary to the State’s counsel – No interference with lower court’s order required [Para 10-14].

Partition – Ancestral Properties – Plaintiffs sought partition of A to C schedule properties into 12 equal shares, claiming 7 shares – Defendants contested on the grounds of independent acquisitions and pre-existing partitions – Trial Court granted plaintiffs 7/12^th share – On appeal, High Court examined the evidence and upheld the Trial Court’s decree [Paras 1-24].

Proof of Will – Requirement under Section 68 of Indian Evidence Act – Defendants produced a registered Will allegedly executed by Sundarayya – Propounder failed to prove Will as required – Evidence showed inconsistencies in attestation – Will not deemed genuine [Paras 18-22].

Acquisition and Self-Acquired Properties – Defendants contended certain properties were purchased independently – Evidence revealed no independent income source – Presumption that properties acquired from joint family funds – Items declared as joint family properties [Paras 15-17].

Decision – Appeal dismissed – Trial Court’s decree upheld – Plaintiffs entitled to 7/12^th share in ancestral properties – Registered Will declared invalid – Costs to be borne by respective parties [Para 25].