Family Law – Maintenance for Children – Father's Obligation – Petitioner contested the Family Court’s order awarding monthly maintenance to his two daughters, arguing inability to pay and asserting that the court did not allow him sufficient opportunity to submit objections – Court held that as the daughters’ legal guardian, the father is obligated to provide for their maintenance and educational expenses, especially given that one daughter is a minor and the other, a non-earning adult – Held: Order upheld; father’s duty includes supporting daughters until marriage or self-sufficiency [Paras 8-12].

Procedural Fairness – Opportunity to Present Objections – Petitioner alleged lack of opportunity to file objections in the Family Court – Court found no procedural error, noting that sufficient time was provided to the petitioner, who failed to submit the required documents – Held: No violation of due process; Family Court’s order sustained [Paras 14-16].

Decision:

The revision petition is dismissed. The Family Court’s order is upheld, directing the petitioner to pay ₹6,000 per month to each daughter, plus ₹1,04,000 for educational expenses and ₹5,000 for litigation costs.

Reservation for Economically Weaker Sections (EWS) – Eligibility for General Category – The petitioners argued that candidates from the EWS category who scored higher than the last candidate in the General Category should be considered for unreserved seats – Held: As per Article 16(6) of the Constitution, EWS reservation is distinct, and candidates selected under this category should not automatically be counted towards general seats – The Court ruled that the criteria outlined in the notification dated 30.10.2020 were correctly applied, requiring EWS candidates to fill EWS-designated seats, even if their scores exceeded those of General Category candidates [Paras 34-36, 39].

Principle of Reservation in EWS – Prospective Application of Policy Changes – Petitioners contended that the instructions of 30.10.2020 could not retroactively apply to the recruitment process initiated by Advertisement No. 2 dated 30.01.2020 – Held: The Court held that the State’s policy on EWS reservation applied prospectively and could be enforced in this instance, as it aligns with the broader intent to support EWS candidates through targeted reservation in designated seats [Paras 37-38].

Legal Precedent – Adjustment against Unreserved Vacancies – The Court upheld the principle that EWS candidates can only compete in the General Category if they are selected solely on merit, independent of any reservation – This principle aligns with Government directives that EWS candidates are not to be counted towards unreserved vacancies if they benefit from the EWS quota [Para 42].

Final Decision – Petitions Dismissed – The Court dismissed the writ petitions, finding that the recruitment process complied with constitutional provisions and government notifications on EWS reservation – The petitioners' request to be considered under the General Category based on higher scores was denied, affirming the separation of EWS and General Category lists in merit-based recruitment [Paras 41, 42].
 

Anticipatory Bail - Offenses under Sections 120B, 406, 420 IPC and Trade Marks Act - Custodial Interrogation Not Required - The accused were charged with conspiracy, cheating, and breach of trust involving the development and delivery of software. The court found no necessity for custodial interrogation, considering that the first accused was already granted anticipatory bail. Petitioners were granted bail on the condition of cooperating with the investigation [Paras 5-8].

Conditions for Bail - Cooperation with Investigation Mandated - The court imposed conditions requiring the petitioners to surrender for interrogation and cooperate with the investigation, including deemed custody for recovery purposes. Petitioners are to appear before the Investigating Officer as required and are prohibited from contacting witnesses or leaving India without court permission [Paras 9-10].

Murder - Conviction Based on Circumstantial Evidence - Chain of Events Incomplete - The accused was convicted of murdering the deceased based on circumstantial evidence. The prosecution failed to establish a continuous chain of events leading exclusively to the guilt of the accused, leaving room for doubt. The court emphasized that circumstantial evidence must form a complete chain without any reasonable hypothesis of innocence. The conviction was overturned, and the accused was acquitted [Paras 25, 28, 33, 49].

DNA Evidence - Delay in Collection and Chain of Custody - Acquittal - The prosecution relied on DNA evidence linking the accused to the crime. However, due to significant delays in collecting and forwarding samples for DNA testing, and a broken chain of custody, the court found the DNA evidence unreliable. The absence of proper documentation for the transfer of samples further weakened the prosecution's case, leading to acquittal [Paras 42, 44, 46].

Absence of Corroboration - “Last Seen Theory” Insufficient to Convict - The prosecution’s reliance on the “last seen theory” was insufficient for conviction due to a significant time gap between the accused being seen with the deceased and the time of death. The court held that in the absence of corroborative evidence, the accused could not be held guilty of murder solely based on the last seen theory [Paras 52, 55].

Benefit of Doubt - Evidence Inconsistent with Prosecution's Case - The evidence provided by witnesses, particularly the minor son of the deceased, was inconsistent with the prosecution's case of enmity and animosity between the accused and the deceased. The court granted the accused the benefit of the doubt due to inconsistencies and contradictions in the testimonies and evidence [Paras 58, 62].

Decision - The appeal was allowed, and the conviction under Section 302 IPC was set aside. The accused was acquitted and ordered to be released if not required in any other case [Paras 67, 69].

Civil Law – Second Appeal – Permanent Injunction – The appellant sought a permanent injunction to restrain the respondent from interfering with possession of the disputed property – The trial court dismissed the suit, and the first appellate court confirmed the dismissal – Held: Both the trial court and the first appellate court did not err in dismissing the suit as the appellant failed to identify and prove possession of the property on the ground – The appeal was dismissed [Paras 1-9].

Burden of Proof – Failure to Prove Possession – In a suit for permanent injunction, the burden is on the plaintiff to prove possession of the property as on the date of filing the suit – Held: The appellant failed to provide sufficient evidence, such as the exact location of the property, and was unable to identify the property on the ground when the Advocate Commissioner visited – The suit and appeal were rightly dismissed [Paras 10-20].

Appointment of Advocate Commissioner – Delayed Petition – The appellant filed a petition for the appointment of an Advocate Commissioner after a delay of 12 years, claiming that the respondent had obstructed the survey – Held: The court rejected the application as the delay was unexplained, and the appellant had opportunities to appoint a commissioner earlier but failed to do so [Paras 21-30].

Decision: Second appeal and interlocutory applications dismissed – No costs awarded to either party.

Criminal Law – Quashing of Proceedings – Petitioner accused of sexual assault under sections 376, 417, 420, and 354(D) of IPC – Allegations based on a promise to marry, which later did not materialize – The petitioner argued that the relationship was consensual, and the promise to marry was not false from the outset – High Court examined the distinction between breach of promise and false promise – Held: The factual disputes raised require evidence to be recorded, and it cannot be quashed at this stage [Paras 1-9].

Consent – Misconception of Fact – The victim alleged that the consent for a sexual relationship was based on the petitioner’s promise to marry her, which he did not fulfill – The court considered whether the promise was made with mala fide intentions or if the circumstances changed subsequently – Held: The issue of whether consent was obtained through a misconception of fact must be decided after a full trial, as the material prima facie indicates a possible false promise [Paras 10-15].

Section 482 Cr.P.C. – Invocation – The court dismissed the petition to quash proceedings under Section 482 Cr.P.C., citing the need for the trial to resolve contested facts – It noted that the allegations made by the complainant were not inherently absurd or baseless – Held: Criminal petition dismissed, as this case does not meet the criteria for quashing under Section 482 Cr.P.C. [Paras 16-20].

Decision: Criminal Petition dismissed – Proceedings under P.R.C. No. 38/2022 to continue in the trial court – Interlocutory applications, if any, are also dismissed.

Civil Procedure – Recall of Witness – Change of Counsel – Ineffectiveness of Previous Cross-examination – Petitioners sought to recall the respondent-landlord for further cross-examination after changing their counsel, arguing that the previous counsel had not effectively cross-examined the witness – Rent Controller dismissed the application, holding that inefficiency or omission by previous counsel does not warrant recall of the witness – Held: The Court found that the petitioners had ample opportunity for cross-examination, and allowing the recall application would lead to unnecessary delays – Application for recall rejected – Revision petition dismissed [Paras 3, 4, 7, 10, 11].

Powers of Court – Order 18 Rule 17 CPC – Court's Discretion to Recall Witness – It was reiterated that Order 18 Rule 17 CPC is intended for the convenience of the Court and not for parties to re-open or fill lacunae in their case – Recalling a witness cannot be allowed merely due to a change of counsel or dissatisfaction with the previous cross-examination – Reference made to various judgments reinforcing this principle [Paras 7, 8, 9].

Eviction Proceedings – Personal Necessity – Delay Tactics – Petitioners accused of delaying the proceedings by filing repeated applications for further cross-examination – Held: The application was a tactic to delay the eviction proceedings, filed more than eight months after the previous cross-examination – Repeated adjournments were noted in the order [Paras 3, 10].

Decision:

The revision petition was dismissed as meritless, upholding the Rent Controller's order rejecting the application for recalling the witness. The Court found no error of jurisdiction and emphasized that the petitioners had sufficient opportunity for cross-examination previously [Paras 11, 12].

Bail under UAPA – Long Custody – Article 21 of the Constitution – The appellant has been in custody for over 2 years, 4 months, and 17 days. The appellant was nominated based on a co-accused’s disclosure statement, and despite serious allegations, no charges have been framed yet. Held: The appellant’s right to a speedy trial under Article 21 of the Constitution was being violated due to prolonged custody. The court emphasized that long custody without trial progress is grounds for bail under UAPA, as affirmed by the Supreme Court in Union of India vs K.A. Najeeb and similar cases. Bail was granted, subject to conditions [Paras 6-8].

Serious Allegations Alone Not Sufficient to Deny Bail – The court referred to the principle that serious charges alone cannot justify the denial of bail if the accused’s prolonged incarceration infringes on their constitutional rights. The court highlighted that other co-accused had been granted bail and noted the lack of progress in the trial as a critical factor in granting the appellant bail [Paras 9-10].

Decision:

Bail Granted – The court allowed the appeal and set aside the impugned order. The appellant was released on regular bail subject to conditions, including furnishing a bond of ₹1 lakh with two sureties, surrendering his passport, and adhering to court dates. The court underscored that the observations made were limited to the bail appeal and did not affect the merits of the ongoing trial [Paras 12-14].

Negotiable Instruments Act – Dishonor of Cheque – Presumption of Liability – The petitioner issued a cheque for Rs. 8,00,000, which was dishonored due to insufficient funds. The complainant provided evidence of the cheque, the dishonor memo, and service of legal notice, which the petitioner failed to rebut. Held: The presumption of liability under Sections 118 and 139 of the Negotiable Instruments Act applies, and the petitioner failed to present a probable defense [Paras 7-10].

Legal Notice – Proper Service Established – The petitioner disputed the proper service of the legal notice but failed to provide sufficient evidence to support this claim. The court found that the notice was served at the address mentioned by the petitioner, and the statutory requirements were satisfied [Paras 12-13].

Revisional Jurisdiction – Limited Scope – The court reiterated that revisional jurisdiction under Section 397 of the CrPC is limited to supervisory review and cannot re-appreciate evidence unless there is a gross miscarriage of justice. Held: No such miscarriage of justice was found, and the concurrent findings of the trial and appellate courts were upheld [Paras 17-19].

Decision:  The criminal revision petition is dismissed, and the conviction and sentence of two years' imprisonment and compensation of Rs. 8,00,000 under Section 138 of the Negotiable Instruments Act are upheld. The petitioner is directed to surrender to serve the sentence, and the trial court is instructed to release any amount deposited by the petitioner to the respondent on filing the appropriate application [Paras 20-21].