Criminal Law – Dacoity Conviction – Appeal against conviction – Appellants Mahendra Shaw and Sk. Raju convicted by the trial court for dacoity with use of firearms and deadly weapons, resulting in grievous injury to shop employees – Appellants sentenced to 7 years rigorous imprisonment with a fine of Rs.2,000 each – Appeal dismissed, with court finding no reason to interfere with trial court's reasoned judgment – Appellants identified in Test Identification Parade, and recovery of stolen articles substantiated by evidence from witnesses and forensic reports – Held: Prosecution successfully proved the appellants’ involvement in the dacoity and injuries inflicted, justifying the conviction [Paras 1, 5-7, 12-18].

Evidence – Testimony of Medical Witnesses – PW-16 and PW-17, doctors who examined injured employees, corroborated injuries sustained due to bomb explosion and physical assault during the dacoity – Injury reports (Exhibits 10, 11, and 15/1) substantiate evidence of grievous hurt – Injuries supported by forensic evidence of low-explosive mixture remnants from the scene, validating the victims' account of events [Paras 10-11, 16].

Identification of Accused – Test Identification Parade – Appellants Mahendra Shaw and Sk. Raju identified by witnesses in Test Identification Parades conducted in 2002 and 2003, reports marked as Exhibits 14 and 20 – Identification by multiple witnesses established appellants' presence at the crime scene and involvement in dacoity [Paras 12, 17].

Recovery of Stolen Items – Chain of custody maintained – Stolen gold chain and finger rings recovered from appellants and documented through seizure lists (Exhibits 18 and 19), corroborated by testimony from seizure witnesses PW-20 and PW-22 – Recovery operations led by PW-26 of the Anti-Dacoity and Robbery Section affirmed recovery from appellants, strengthening prosecution case [Paras 13-15].

Forensic Evidence – Bomb explosion verified – Forensic Laboratory confirmed remnants of low-explosive mixture from the crime scene, providing scientific basis for bomb usage claim and supporting prosecution's sequence of events during dacoity – This evidence substantiates grievous nature of crime and threat level involved [Paras 16].

Judgment – Conviction upheld – Court concludes that trial court judiciously evaluated evidence, and the appeals lack merit – Both appellants had already served the sentence; no need for further intervention – Acknowledgment of assistance from Amicus Curiae – Appeals dismissed and trial court records to be returned for necessary action [Paras 18-20, 23].

Decision: Appeals CRA 106 of 2011 and CRA 861 of 2006 dismissed – Conviction and sentence under Sections 395/397 IPC affirmed – Appellants confirmed to have served their sentence – No order as to costs [Paras 19, 20, 22].

Electricity Law – Privatization of U.T. Chandigarh Electricity Wing – Validity of Bidding Process – The petitioners challenged the privatization process of the U.T. Chandigarh Electricity Wing, alleging that the transfer scheme under Section 131 of the Electricity Act, 2003, was neither finalized nor approved before the issuance of bids, and that no company was incorporated to undertake the functions prior to bidding – Held: The Court found that Section 131 does not necessitate a finalized transfer scheme before bids are issued; the transfer scheme is only required after identifying the transferee – The Court emphasized statutory interpretation should avoid assumptions absent express language [Paras 1.1, 1.3, 3.1].

Employee Rights – Continuity of Employment Terms Post-Privatization – Petitioners contended that privatization could adversely affect employment conditions of the U.T. Electricity Department employees – Held: Section 133 of the Electricity Act, 2003, protects employees by ensuring no change in service terms post-transfer – The Court confirmed employees’ conditions would not be negatively affected under the transfer scheme [Paras 2.2, 3.6].

Policy Decision – Scope of Judicial Review in Economic Matters – The petitioners argued for judicial intervention on policy grounds, claiming that privatization was unnecessary and contrary to the public interest – The Court, citing Supreme Court precedent, ruled that judicial review of economic policy decisions is limited unless there is clear violation of statutory or constitutional limits – Policy decisions, especially in economic reforms, involve complex considerations beyond judicial purview [Paras 3.7, 4].

Final Decision – Petitions Dismissed – The Court dismissed the petitions, finding that the process followed was legally compliant, and that policy decisions regarding privatization were within the executive's domain, thus beyond judicial interference unless shown to be arbitrary or illegal [Para 4].
 

Labour Law - Scope of the BOCW Act – Statutory Welfare Measures – Model Code of Conduct Implications – The Petition impugned a Circular dated 17 October 2023 issued by the Maharashtra Building and Other Construction Workers Welfare Board, which suspended registrations, renewals, and other welfare measures for construction workers based on the Model Code of Conduct for elections – Held: The Model Code of Conduct does not impede pre-existing statutory welfare measures – Suspension of registration and renewals was not justified as these are ongoing statutory activities under the BOCW Act, unrelated to election influence [Paras 5-12, 17-21].

Implementation of Welfare Schemes – Continuation of Statutory Benefits – The Court held that the suspended welfare activities such as registrations, renewals, and disbursal of benefits under pre-existing schemes should continue without interference from the Model Code of Conduct – The Model Code is intended to prevent election-influencing activities but does not cover statutory entitlements – Suspension quashed; welfare activities directed to resume immediately [Paras 23-27, 29-33].

Decision – Quashing of Circular – The Circular dated 17 October 2023 was declared void and ultra vires the BOCW Act – The Court directed the Respondents to restore the registration process and resume disbursal of benefits under the existing welfare schemes without political influence or promotional events, while prohibiting any introduction of new schemes or benefits during the election period [Paras 35-39].
 

Criminal Law - Sexual Assault - Appeal Against Acquittal - The appellant contended that the trial court disregarded key evidence and failed to apply the statutory presumption under Section 29 of the POCSO Act in acquitting the accused of charges under Sections 354 and 323 IPC and Section 10 of POCSO - Held: On examination, the trial court’s reliance on inconsistencies in the complainant’s statements, coupled with the significant delay of 52 days in filing the complaint, was deemed reasonable. No sufficient grounds were found to overturn the acquittal [Paras 7-10].

Evidentiary Presumption - Section 29 POCSO - The Court affirmed that while the presumption under Section 29 places an onus on the accused, the burden is satisfied when the evidence shows credible contradictions or delay without sufficient explanation - In this case, the trial court’s findings, including the lack of corroborative medical evidence, justified the acquittal [Para 5].

Scope of Appellate Review in Acquittals - Presumption of Innocence - The appellate court noted that an acquittal strengthens the presumption of innocence, and intervention is warranted only if the lower court’s findings are demonstrably perverse or contrary to the weight of evidence. The acquittal was thus upheld [Paras 9-10].

Decision: The appeal is dismissed, upholding the acquittal of the accused.
 

Family Law – Maintenance to Wife and Child – Financial Obligations of Husband – Petitioner argued inability to pay maintenance awarded by Family Court due to low income and personal obligations – Evidence showed inconsistent financial disclosures by petitioner, including alleged property dealing income and sale of ancestral property – Held: Petitioner, being healthy and capable of employment, cannot evade maintenance obligations; ordered to fulfill arrears and regular payments [Paras 3-7].

Delay in Maintenance Payment – Non-Compliance with Court Orders – Coercive Measures Directed – Petitioner’s repeated non-compliance with court orders to pay maintenance arrears led to accumulation of debt – Court directed petitioner’s presence at the next hearing and authorized the Executing Court to take strict action if arrears remain unpaid – Held: Maintenance non-payment justifies coercive action under law to ensure financial responsibility towards dependents [Paras 10-14].

Decision: The revision petition is dismissed. Petitioner ordered to pay arrears and costs of ₹1,00,000 to respondents within one month. The Executing Court is instructed to initiate strict action if non-compliance persists [Paras 14-15].
 

Taxation Law - Maintainability of Direct Appeal under DVAT Act – Interpretation of Section 106(4) - The respondents objected to the maintainability of appeals directly filed in the High Court, arguing the DST Act’s procedure (Section 45) requiring a Tribunal reference should apply, especially for tax periods before 01 April 2005 – The Court held that Section 106(4) of DVAT does not mandate adherence to DST Act’s appeal procedures, allowing appeals to be directly instituted under Section 81 of DVAT Act – Sub-section (4) saves substantive rights and liabilities but does not impose DST procedural requirements on post-repeal appeals [Paras 15-28].

Appeals and Procedural Transition – DVAT's Direct Appeal Provision - Emphasizing procedural continuity, the Court interpreted Section 106(3) as incorporating DST Act assessments into DVAT framework for appeal purposes, thereby allowing an appellate pathway under Section 81, which involves direct filing on substantial legal questions – Held: Adherence to Section 45 is unnecessary as Section 81 governs appeal procedures for decisions issued after DST repeal [Paras 20-27].

Savings Clause Interpretation – Rights and Liabilities vs. Procedure - The Court clarified that procedural rules, such as those in DST Act Section 45, do not create vested rights but are subject to modification by new procedural legislation – Here, Section 106 preserved liabilities and entitlements under DST but did not obligate DST procedures post-repeal; appeals remain governed by DVAT procedural standards [Para 25-26].

Decision – Preliminary Objection Rejected – Appeals were deemed maintainable as filed directly in the High Court, per Section 81 of DVAT Act, and listed for final hearing [Para 28].

Service Law – Financial and Pensionary Benefits – Work Charge Employee – Entitlement to Pension and ACP – Petitioner sought financial and pensionary benefits, claiming that her deceased husband’s services should be regularized from 2003, making her eligible for benefits like ACP, medical allowance, leave encashment, LTC, etc. – The Court held that as a work charge employee, the deceased was not entitled to benefits available to regular employees, as neither the ACP nor LTC applied to work charge employees without regular service status – Held: Family pension not permissible as per policy; the request for benefits dismissed due to non-applicability of cited benefits to work charge cadre [Paras 6-16].

Administrative Law – Scope of Judicial Review – Delay and Procedural Non-Compliance – The petitioner’s claim, made several years post her husband's demise, was dismissed as it failed to establish valid grounds for delayed claim; delay and procedural grounds further barred entitlement – Held: Writ relief unavailable due to excessive delay and failure to meet eligibility requirements [Paras 7, 10].

Decision: Petition dismissed. Court upheld the Tribunal's findings that the petitioner was ineligible for the claimed benefits under applicable rules for work charge employees and due to procedural deficiencies.
 

Competence of Central Government to Impose Additional Fees – Validity of the Central Motor Vehicles (Twenty Third Amendment) Rules, 2021 – The petitioners challenged the imposition of additional fees for delayed renewal of Certificates of Registration and Fitness Certificates under the amended Rule 81 of the CMV Rules. The Court, citing the Bombay High Court’s decision in K' Savakash Auto Rickshaw Sangha v. Union of India, upheld the validity of the amended provisions. It reasoned that Section 211 of the Motor Vehicles Act provides the Central Government with sufficient power to levy additional fees for delayed applications, and such fees do not constitute a penalty. Therefore, the amendment was within the legislative competence of the Central Government – Held: Amendment upheld [Paras 18-20].

Judicial Comity and Divergent Decisions – Balancing Interpretations – The Court emphasized the principle of judicial comity, choosing to align with the Bombay High Court’s view, which validated the amendment, over the earlier Madras High Court decision in Chennai City Auto Ootunargal Sangam v. Union of India. Judicial discipline and respect for precedents from other jurisdictions were highlighted as essential to maintaining judicial integrity – Held: Followed Bombay High Court’s precedent [Paras 19-20].

Harmonization with State Rules – Coexistence of Central and State Regulations – The Court dismissed the argument that the Odisha Motor Vehicles Rules, 1993, which prescribe penalties for delayed renewals, nullify the Central amendment. It held that the Central Government retains the authority to amend the CMV Rules without requiring a parallel amendment in State Rules – Held: State Rules do not override Central Rules [Para 10].

Decision:  The writ petitions challenging the validity of the Central Motor Vehicles (Twenty Third Amendment) Rules, 2021, were dismissed. The Court upheld the imposition of additional fees for delayed applications as a lawful exercise of the Central Government's powers under the Motor Vehicles Act, 1988.
 

Criminal Law - Electricity Theft – Prima Facie Evidence and Proceedings – Revision Against Charge-Sheet – The petitioner challenged the proceedings under Section 135(1)(a) of the Electricity Act, claiming that he was a legitimate consumer of the West Bengal State Electricity Distribution Company Ltd., paying regular bills, and that no submersible pump or unauthorized connections were found during inspection – Held: The inspection report and seizure list documented 20 ft. of copper wire and hooking device from the premises, establishing prima facie evidence for trial – Court dismissed the application, stating that further inquiry on electricity usage nature and claim of fabrication should be addressed during trial, not in revisional jurisdiction [Paras 5-7].

Tampering and Unauthorized Connection – Electricity Act Scope and Interpretation – Section 135(1)(a) encompasses various offenses, including unauthorized tapping or tampering with electricity lines and misuse for unauthorized purposes. The court underscored that such allegations warrant a full trial for verification of facts, especially regarding the petitioner’s claim of solely domestic electricity use and alleged threats by electricity officials [Paras 6-8].

Prima Facie Case – Seizure of Hooking Device and Wire – Grounds for Trial – The seizure of hooking device and direct hook connection noted in inspection substantiated the initial charge, justifying the case proceeding to trial. The court noted that procedural redress is available to the petitioner if allegations are proven false during the trial [Para 9].

Final Decision – Criminal revision application dismissed. Court affirmed that procedural justice requires evidence to be evaluated in a full trial, with directions to return case records to the trial court for continuation [Paras 10-12].

Decision: C.R.R. 3457 of 2011 dismissed – Case to proceed to trial based on prima facie findings of unauthorized electricity use and tampering – No costs awarded.