Criminal Law - Anticipatory Bail – Section 108, 316(3), 318(4), and Section 69 of the BNS - Abetment of Suicide – Prima Facie Evidence of Instigation – Bail Denied – Petitioner, an officer of the Intelligence Bureau, was in a prolonged relationship with the deceased and is alleged to have emotionally manipulated, financially exploited, and instigated her suicide – Investigation revealed transfer of salary to petitioner, pregnancy and abortion, multiple parallel relationships, and WhatsApp messages goading the deceased to fix the date of her death – Held: Prima facie evidence supports offence under Section 108 of BNS read with Section 45 – Pre-arrest bail would seriously impair custodial interrogation – Bail application dismissed [Paras 2–11, 14–17].

Mens Rea and Instigation – Requirement for Abetment Under BNS – Early Evidence Suggests Repeated Urging to End Life – The essence of abetment under Section 108 read with Section 45 of BNS lies in the intent of the accused, not merely the feelings of the deceased – Investigation indicates repeated incitement to suicide and psychological domination – Prima facie, petitioner’s conduct amounts to instigation [Paras 12–14].

Custodial Interrogation – Necessity in Complex Emotional Crimes – Pre-Arrest Bail Would Prejudice Probe – Citing P. Krishna Mohan Reddy and Anil Sharma, Court observed that insulating the petitioner from arrest would compromise investigation efficacy – Custodial interrogation required to extract full digital and testimonial evidence in sensitive suicide case [Paras 15–17].

Decision – Bail Rejected – Court Emphasises Need for Full, Unhampered Investigation – Given the gravity of allegations and preliminary materials indicating psychological manipulation, pre-arrest bail would subvert justice – Petition dismissed with liberty to renew application after custodial interrogation [Para 17].

Civil Procedure – Return of Plaint – Withdrawal for Want of Jurisdiction – Suit Reinstated for Proper Transfer - Petitioner had withdrawn suit due to lack of jurisdiction of Mandi Court but later sought return of plaint under Order 7 Rule 10 CPC – Trial court refused on ground that file had been consigned to record – Held: Trial court erred in not exercising jurisdiction; original withdrawal order recalled; case remitted for action under Order 7 Rule 10 or 10A CPC [Paras 1–9].

Inherent Jurisdiction – Justice Between Parties – Procedural Error Corrected - Plaintiff’s application expressly highlighted prejudice due to potential limitation issues – Court reiterated that plaint should have been returned rather than suit treated as withdrawn – Held: Trial court must invoke inherent jurisdiction to ensure justice where technical error prejudices substantive rights [Paras 6–8].

Final Decision – Petition Allowed – Suit Restored – Matter Remitted - Order dated 6.11.2024 set aside – Prior order dated 9.10.2023 recalled – Trial court directed to act under Order 7 Rule 10/10A CPC as per law – Parties to appear on 6.6.2025 [Paras 9–10].

Family Law – Maintenance under Section 24 Hindu Marriage Act, 1955  – Justified Quantum – Respondent-wife filed application for interim maintenance during pendency of divorce proceedings – Family Court, based on income affidavits and records, assessed husband’s monthly income at ₹47,128 and granted ₹15,000 as maintenance (₹8,000 for wife, ₹7,000 for child) – Held: Assessment was reasoned and based on cogent evidence – No illegality in award [Paras 2, 6, 14, 22].

Family Law – Voluntary Financial Obligations – Not Deductible from Income – Appellant contended his disposable income was reduced due to EMI obligations and insurance premium – Court held only statutory deductions (like tax and PF) are permissible – Loan EMIs, insurance premiums, and other personal expenses not deductible when assessing income for maintenance – Reference made to Dr. Kulbhushan Kumar v. Raj Kumari, (1970) 3 SCC 129 [Paras 8, 15–18].

Maintenance – Capability to Earn vs. Actual Earning – Appellant argued respondent was qualified and should earn – Court held: Law is settled that education or potential earning capacity is not a ground to deny maintenance if actual income is absent – Reliance placed on Manish Jain v. Akanksha Jain, (2017) 15 SCC 801 and Shailja v. Khobbanna, (2018) 12 SCC 199 – Held: Mere capacity to earn does not disentitle a spouse from maintenance [Paras 10, 19–20].

Women and Child Welfare – Medical and Care Responsibilities – Respondent-wife was responsible for care of minor child and also suffering from medical issues – Court held these constraints legitimately limit her ability to earn – Maintenance justified not just on unemployment but also on real-life limitations and caregiving burden [Para 21].

Judicial Review – Appellate Interference in Maintenance Orders – Appeal filed against interim maintenance order under Section 24 HMA – High Court found that Family Court’s conclusions were based on verified financial documents and in line with Supreme Court precedent (Rajnesh v. Neha, 2020 SCC OnLine SC 903) – No perversity or illegality found – Held: No interference warranted [Paras 23–24].

Decision – Appeal dismissed – Interim maintenance order of ₹15,000/month upheld – Court affirmed statutory obligation of husband to support wife and child despite personal financial commitments or contractual employment status [Para 24].

Arbitration – Limitation – Date of Cause of Action – Arbitral Proceedings Held Timely – Appellant argued claim was time-barred from 2006 due to early land handover – Court held cause of action arose only in 2010 when State confirmed concession period's end date, and arbitral proceedings commenced in same year – Held: Claim within limitation [Paras 5-11].

Contract Interpretation – Commencement Date – Full Site Possession Required – Respondent began construction on partial land handover in 2004 – Arbitrator treated 2006 as true commencement date when full possession was given – Court upheld this view as aligned with agreement definitions – Held: Arbitrator's interpretation plausible and within contract terms [Paras 12-15].

Arbitral Award – Patent Illegality – Compensation and Interest Beyond Contract – Arbitrator granted cash damages and compound interest due to delay in site handover and non-closure of railway crossing – Concession agreement lacked provision for such monetary compensation – Court held award contrary to contract and legal standards – Held: Award suffers from patent illegality and is liable to be set aside [Paras 16-22, 31].

BOT Contracts – Toll Collection vs. Cash Compensation – Court emphasized BOT model implies consideration via toll collection, not direct monetary award – Respondent had collected toll beyond 52-month limit due to extended concession period – Held: Additional cash compensation unjustified [Paras 18-20].

Interest on Interest – Arbitrator Granted Compound Interest – Arbitral award included interest on interest compounded quarterly – Court found no contract clause authorizing such interest – Held: Without explicit agreement, such grant is illegal [Paras 26-27, 34].

Partial Setting Aside of Award – Severability of Claims – Two claims under award were for toll retention and compensation for losses – Court held these were severable and independently assessable – Award partially upheld for toll retention; compensation and interest quashed [Paras 36-39].

Decision: Appeal partly allowed – Arbitral award modified – Claim for toll retention upheld – Compensation for losses, delay interest and compound interest set aside as contrary to concession agreement and vitiated by patent illegality [Paras 39-40].

Bail Application – Allegations of Sexual Assault by Guardian – Bail Granted – The applicant, a practising advocate and guardian of the alleged victims, was accused under Sections 376, 354, and 506 IPC based on an FIR lodged after a year’s delay – Victims were his daughter and niece, both minors at the time – Court noted inconsistencies in victim statements, no forensic evidence, and delayed FIR – Held: Considering pendulum-like testimonies, settled principles of bail, and explained antecedents, bail was justified [Paras 52-58].

Sexual Offences – Delayed FIR and Absence of Medical Evidence – Credibility of Allegations Weakened – FIR filed a year after alleged incidents without explanation – Victims refused medical examination – Court held that uncorroborated allegations without timely medical or forensic support reduced prosecutorial strength – Matter deemed triable rather than warranting custodial detention [Paras 14-15, 52, 57].

Minor Victims – Right to Autonomy vs. Parental Supervision – Sociocultural Conflict – Court observed tension between traditional family norms and modern autonomy of young adults – Noted that victims’ marriages against applicant’s will influenced events – Held: Guardianship does not extend to overriding lawful autonomy of near-major individuals [Paras 53-55].

Criminal History – Prior FIRs Explained – Not a Ground to Deny Bail – Applicant had prior criminal cases, but Court found explanations credible – No recurring criminal pattern established – Held: Past FIRs mainly involved guardianship duties and not persistent criminal behaviour [Paras 47, 52(i)].

Decision: Bail application allowed – Applicant Pradeep Soni to be released on personal bond and two sureties – Observations are prima facie and not to affect merits of trial [Paras 59-62].

Civil Writ - Land Transfer by Tribals – Validity of Rule 4(1)(a)(i), 1975 Rules – Challenge Dismissed – Petitioner challenged the prohibition on transfer of tribal land to non-tribals for agricultural use – High Court held that the restriction under Rule 4(1)(a)(i) requiring land to be used only for non-agricultural purposes post-transfer was constitutionally valid – Object of the rule is to prevent exploitation and preserve agricultural land with tribals – Rule found to be reasonable and not violative of Article 14 [Paras 17–19, 24–25].

Delegated Legislation – Reasonable Classification – Rule 4(1)(a)(i) Held Constitutional – Court observed that classification permitting tribal-to-tribal and tribal-to-non-tribal transfers only for non-agricultural use has intelligible differentia – It is in furtherance of Article 46, and thus a valid exercise of delegated legislative power – Long-standing implementation of the rule also weighed in favor of its validity [Paras 18, 19, 23].

Collector’s Discretion – Not Restricted Illegally – Section 36A Discretion Under Rule 4 – Discretion under Section 36A(2) to grant permission for transfer was not found to be curtailed improperly – Court held that discretion exists within the statutory framework and the Collector can only act within contingencies enumerated under Rule 4 – Hence, no excessive restriction on Collector’s powers [Paras 20–22].

Reading Down Rule – Not Permissible – Constitutionality Upheld – Petitioner’s plea to read down Rule 4(1)(a)(i) to allow agricultural use in exceptional cases rejected – Court held there was no need to read down the provision as it was constitutionally valid and reasonably connected to the object of preventing land alienation from tribals to non-tribals [Para 23].

Decision – Writ Petition Dismissed – Rule 4(1)(a)(i) of the Maharashtra Land Revenue Rules, 1975 upheld – Petitioner not permitted to transfer occupancy to non-tribal for agricultural purpose – Rule discharged with no costs [Paras 24–25].

Service Law – Discharge from Service – Suppression of Criminal Cases – No Prior Notice – Violation of Natural Justice – Discharge Quashed – Petitioner appointed as Jail Warder pursuant to valid selection process – Discharged by order dated 02.02.2024 for alleged suppression of two criminal cases in attestation form – No prior show-cause notice issued – Held: Discharge order passed without inquiry or opportunity of hearing violates Article 311(2) and principles of natural justice – Such discharge is void ab initio [Paras 6–7, 15–17, 24].

Suppression of Facts – Attestation Form – No Knowledge of Pending Cases – Innocence Established – No Willful Suppression – Petitioner obtained character certificate from DSP showing no adverse report – Criminal cases cited by State found to have concluded in his favour – One withdrawn, in other name dropped from chargesheet – Held: No evidence to prove petitioner had knowledge of cases – Suppression not established – Allegation baseless [Paras 8–10, 18–21].

Judicial Review – Employment Termination – Scope and Grounds – Arbitrary and Illegal Action Interdicted – High Court reiterates that suppression of criminal involvement must be intentional and based on knowledge – State failed to prove petitioner was aware of pendency or required to disclose – Discharge held unreasonable and disproportionate [Paras 19–20].

Precedents – Avtar Singh v. Union of India – Ravindra Kumar v. State of U.P. – Applied – Court applies principles laid down in Avtar Singh (2016) 8 SCC 471 and Ravindra Kumar (2024) 5 SCC 264 – Absence of knowledge of pending criminal case cannot be construed as suppression – Decision to discharge unsustainable [Paras 22–23].

Decision – Writ Petition Allowed – Discharge Order Dated 02.02.2024 and Rejection Order Dated 18.07.2024 Quashed – Petitioner to Be Reinstated With Full Benefits – Court directs reinstatement with all service and financial benefits – Period of discharge to be treated as “On Duty” – Entire exercise to be completed within two months [Para 24].

Service Law - Service Jurisprudence – Change in Cadre Structure – District Cadre to State Cadre – Notification Challenged – Notification upheld - Petitioners, serving as Senior Assistants and other clerical staff, challenged the notification dated 03.10.2023 converting posts from district/division cadre to State cadre – Held: The notification does not infringe upon any fundamental or vested rights as chances of promotion are not a condition of service – The policy decision was within the administrative competence of the State and was not shown to be arbitrary or mala fide [Paras 1, 7–9].

Right to Promotion – Scope under Article 16 – No Vested Right – Right to be considered upheld - The Court reiterated that while the right to be considered for promotion is a condition of service, mere chances of promotion are not – Any loss of promotional opportunity due to administrative reorganization does not amount to violation of Articles 14 or 16 unless mala fides or arbitrariness is proven – Petitioners failed to show infringement of any constitutional right [Paras 6–8, 16–18].

Legislative Competence – Power of State to Alter Service Rules – Constitutionally Valid – It was held that the State is competent under Article 309 of the Constitution to amend service rules, restructure cadres, and prescribe new promotion policies – Such decisions fall within the executive domain and are not amenable to judicial review unless shown to be unconstitutional or arbitrary – Petitioners’ claim of legitimate expectation was also not upheld [Paras 10–13].

Retrospective Application – Notification Not Shown to Have Retrospective Effect – No Prejudice – The Court noted that the impugned notification did not retrospectively affect accrued seniority or alter inter-se seniority already determined at district level – Seniority under State cadre was based on existing records without disturbing relative positions – No actionable prejudice was demonstrated [Paras 3, 9].

Judicial Review – Administrative Policy – Limited Scope – No Interference – Court declined to interfere with the cadre restructuring policy, citing the consistent view of the Supreme Court that policy decisions of the State regarding service structure are immune from judicial interference unless violative of fundamental rights – No such violation found in present case [Paras 14–15].

Decision – Writ Petition Dismissed – The petitioners failed to demonstrate that the notification dated 03.10.2023 was unconstitutional, arbitrary, or violated any legal or vested right – Petition dismissed along with pending applications [Para 19].

Criminal Law – Appeal Against Conviction – Sexual Assault - Delay in Lodging FIR – Explanation for Delay – Delay Justified - The delay of two days in lodging the complaint explained by attempts at village-level settlement – Court held that delay in lodging FIR in sexual offences is not fatal where explanation exists and the complaint was promptly filed after failure of settlement [Paras 8-9].

Victim’s Testimony – Credibility and Sole Reliance – Conviction Upheld - The testimony of the victim, despite inconsistencies in minor details, found reliable and sufficiently corroborated by other prosecution witnesses – Sole testimony supported by injury report and surrounding circumstances sufficient for conviction without mandatory corroboration [Paras 12-14, 16-18].

Applicability of Section 376/511 IPC – Attempt to Commit Rape – Ingredients Satisfied - Evidence of physical scuffle, disrobing, and injuries proved preparation and attempt to commit rape even though act was not consummated – Sufficient material to attract Section 376/511 IPC as held in light of Apex Court precedents [Paras 23-26].

Negligence of Investigation Officer – Impact on Prosecution Case – No Benefit to Accused - Lapses such as non-seizure of victim’s torn clothing and non-exhibition of injury report held not fatal – Court stressed that negligence by I.O. does not nullify credible prosecution evidence [Paras 15, 20].

Character of Victim – Irrelevant in Sexual Offence Trials – Accused’s Defence Rejected - Defence attempt to malign victim’s character disregarded as irrelevant in sexual offences – Court reaffirmed that previous character of prosecutrix immaterial where credible evidence exists [Paras 25-26].

Final Decision – Appeal Dismissed – Conviction Affirmed - The conviction and sentence under Sections 354 and 376/511 IPC affirmed – Appeal dismissed and order of the Trial Court dated 25/04/2006 confirmed [Paras 27-28].