Hindu Adoptions and Maintenance Act, 1956 - Section 12 - Interpretation of proviso (b) - Effect of adoption on coparcenary rights - Whether an adopted child severs all ties with the family of birth and becomes a coparcener of the adoptive family - Whether the property already vested in the child in the family of birth is saved upon adoption - Distinction between the unspecified coparcenary interest and the property already vested - Previous conflicting opinions in various High Court decisions - Consideration of Mayne's Hindu Law, Mulla on principles of Hindu law, and Supreme Court decisions - Patna High Court's analysis of the scope and effect of proviso (b) - Held, on adoption, the child ceases to be a coparcener of the family of birth and forfeits interest in the ancestral property - Only property already vested in the child in the family of birth is saved by proviso (b) - Partition and self-acquired property retained by the adoptee can be carried to the adoptive family with corresponding obligations. [Para 27]

Hindu Law - Coparcenary rights - Effect of adoption on coparcenary rights - Adoption severs all ties with the family of birth - Adopted child becomes a coparcener of the adoptive family - Loss of rights in the family of birth, including inheritance and performance of rituals - Illustrations provided in Mulla's principles of Hindu Law - Adoption as a transplantation into the adoptive family. [Para 22]

Interpretation of statutes - Proviso (b) to Section 12 of the Hindu Adoptions and Maintenance Act, 1956 - Property already vested in the child in the family of birth saved upon adoption - Distinction between unspecified coparcenary interest and vested property - Property acquired by self-acquisition, will, inheritance, or as the sole surviving coparcener saved by proviso (b) - Narrow interpretations criticized - Importance of the term "vested" in the proviso. [Para 23, 24]

Previous conflicting opinions - Disagreement with the view that adopted sons are divested of their property upon adoption - Rejection of the notion of adoption as civil death and a rebirth - Agreement with the analysis of the Patna High Court regarding the scope and effect of proviso (b). [Para 25]

Coparcenary rights - Hindu Law principles - Right of a coparcener by birth - Recognition of pre-existing rights irrespective of the timing of adoption or the coming into force of the Adoptions Act - Partition and severance of the adopted child from the coparcenary - Importance of considering ancient scriptures and legal authorities. [Para 25]

Adoption - Severance of ties with the family of birth - Obligations and rights in the adoptive family - Prohibition on marrying certain individuals - Protection of estate rights in the adoptive family - Saving of property already vested in the family of birth by proviso (b) to Section 12. [Para 23]

Hindu Marriage Act, 1955 – Section 13(1)(1-a) – Dissolution of marriage – Cruelty – Appeal against dismissal of petition – Evidence of wife remained unchallenged – Effect of non-cross-examination of witness – Family Court erred in rejecting the petition – Judgment and decree set aside – Appeal allowed. (Para 12 and 13)

Cross-examination of witness – Effect of non-cross-examination – Statement of witness deemed admitted – When a party fails to cross-examine a witness, the statement of the witness is to be taken as admitted. (Para 9)

Marriage solemnized at a young age – Dissolution of marriage sought after attaining majority – Non-filing of petition immediately after attaining majority not a ground for dismissal – If cruelty is established, dissolution of marriage can be granted. (Para 10 and 11)

Service Law - Pension eligibility – Writ petitioner appointed as Daily Wage Mazdoor and later as Ex-Cadre Assistant – Retired after over 25 years of service – Denied pension on the grounds of insufficient service period – Single Judge directed consideration of service period and grant of pension – Appellant challenged the order – Appellant contended that the petitioner did not complete 10 years of regular service – Court examined relevant provisions of Bihar Pension Rules, 1950 and Memo dated August 12, 1969 – Court found that continuous service exceeding 15 years can be considered for pension under Rule 59 – Court upheld Single Judge’s order and dismissed the appeal.

Criminal Revision Petition - Maintenance - Validity of order granting maintenance - Allegation of marriage and paternity dispute - Admissibility of evidence - Scope of Section 14 of the Family Courts Act - Photographic evidence and messages - Deliberate cheating and fraudulent intention of the respondent - Consideration of Supreme Court judgment on the treatment of a woman as a wife for the purpose of maintenance when married while unaware of existing marriage - Quantum of maintenance - Financial status of the respondent - Reasonableness of the maintenance amount. [Para 1]

Section 14 of the Family Courts Act - Empowers the Family Court to receive any report, statement, document, information, or matter that may assist it in effectively dealing with a dispute, regardless of its admissibility under the Indian Evidence Act - Exception to the strict technicalities of the admissibility and relevancy of evidence in matrimonial disputes. [Para 14]

Supreme Court judgment on the treatment of a woman as a wife for the purpose of maintenance - When a man marries a woman while keeping her in the dark about his existing marriage, the woman should be considered the wife for the purpose of maintenance. [Para 19]

Quantum of maintenance - Consideration of the economic scenario and the parties' status - Reasonableness of the maintenance amount - Financial status and evidence provided by both parties - Failure to dispute property ownership and rental income. [Para 22, 23, 24]

Bail application - Suspension of sentence and enlargement on bail - Applicant convicted under sections of the Unlawful Activities (Prevention) Act (UAPA) - Applicant seeks bail pending appeal - Applicant's counsel argues lack of evidence supporting allegations - Prosecution relies on confessions, call detail records (CDRs), and an email as evidence - Absence of Section 65B Certificate for electronic evidence acknowledged - Court examines confessions and finds no corroborative material or evidence of applicant's alleged visit to Bangladesh or collection of funds - Email and CDRs deemed inconclusive without Section 65B Certificate - Applicant in custody for 17 years, engaged in educational and rehabilitative activities, and has pending appeal - Prima facie case made for suspension of sentence - Bail granted with specific conditions.  

Personal appearance – Exemption from – Parameters for granting exemption from personal appearance – Accused entitled to exemption when facing hardship or inconvenience due to trial delays – Factors to consider: being a woman, elderly, disabled, facing economic or physical hardship, or required to travel long distances – Each case to be assessed on its own facts and circumstances – Exemption subject to conditions imposed by the trial court. [Para 19]

Criminal Procedure Code, 1973, Sections 205 and 317 – Power of the court to dispense with personal appearance of the accused – Discretion of the court to exempt the accused from personal appearance at various stages of the trial – Concern for administration of criminal justice and progress of the trial – Parameters for granting exemption – Exemption to be based on the facts and circumstances of each case – Conditions may be imposed to ensure smooth proceedings. [Para 20]

Quashing of FIR and charges – Parameters for exercising jurisdiction under Section 482 Cr.P.C. – FIR and charges not quashed in the present case – Exemption from personal appearance granted instead – Prosecution’s failure to produce witnesses for an extended period causing undue suffering and inconvenience to the accused – Court deems it a fit case to dispense with personal appearance – Accused still required to comply with conditions imposed by the trial court. [Para 23]

Presumption of innocence – Accused presumed innocent until proven guilty – Presumption of innocence as a facet of Article 21 of the Constitution of India – Court’s obligation to safeguard the rights and interests of the accused during trial proceedings. [Para 18]

Rajiv Gandhi University of Health Sciences, Karnataka – B.Sc. Nursing course – Technical glitches in uploading student details – Writ petition filed seeking direction to consider representation and enable web portal for uploading details and issuing registration numbers – Admission Register found to have fabricated entries and additions made after the last date for uploading – Petitioner college engaged in fraudulent practices – Loss caused to students and their aspirations. [Para 2, Para 4, Para 8, Para 9, Para 10]

Petitioner college directed to compensate students for one year of loss – Payment of Rs. 10,00,000/- each as compensation ordered – Respondent university directed to take legal and administrative action against the petitioner college for fraudulent activities – Original Admission Register and Attendance Register returned to respondent university. [Para 12, Para 13(ii), Para 13(iii)]

Court dismisses writ petition, upholds refusal of respondent university to accept fraudulent practices of petitioner college – Calls for investigation by appropriate authorities and possible criminal action against petitioner college. [Para 11, Para 12]

Domestic Violence Act - Maintenance - Scope - Application for maintenance filed under Section 12 of the Domestic Violence Act by the divorced Muslim woman - Whether maintainable - Held, the subsequent decree of divorce does not absolve the liability of the respondent from the offence committed or deny the benefits to which the aggrieved person is entitled under the Domestic Violence Act - Aggrieved person is entitled to file a proceeding under Section 12 of the D.V. Act in respect of past domestic violence - Muslim woman, even after divorce, is entitled to maintenance from her husband as long as she does not remarry - Sections 4 and 5 of the Muslim Women (Protection of Rights on Divorce) Act, 1986 are applicable to proceedings initiated under the D.V. Act by a divorced Muslim woman. (Para 12)

Aggrieved Person - Definition - Domestic relationship - Interpretation - The definition of "aggrieved person" encompasses women who are or have been in a domestic relationship with the respondent, including past cohabitation or past living together - The literal construction of the provisions shows that even women who were in a past relationship are entitled to invoke the provisions of the D.V. Act. (Para 15)

Maintainability of application under D.V. Act - Separation of parties - Application filed after one year of separation - Whether maintainable - The provisions of the D.V. Act do not require the parties to be actually residing or living together at the time of filing the application - The words "has lived together at any point of time" in the definition of domestic relationship cover past cohabitation or past living together - Applications under the D.V. Act can be maintained even after separation, as long as there was a domestic relationship at any point in time. (Para 14)

Maintenance - Quantum of maintenance - Adverse inference - Husband suppressing his actual income - Standard of living - The wife is entitled to lead a life befitting the lifestyle and standard of the husband, even after separation or divorce - Maintenance quantified at 25% of the husband's net salary is just and proper - Non-applicant's suppression of income and failure to provide a detailed affidavit of assets and liabilities result in an adverse inference - The enhanced maintenance awarded by the Sessions Judge satisfies the bare minimum needs of the applicant. (Para 18, 19)

Rathyatra: Permission to carry deity on a chariot – Urgency – Short notice for instructions – Delay in communication – Modification of earlier order sought – Petitioner seeking to carry deity physically – Purpose and significance of Rathyatra – Historical practice observed for centuries – Police interference with religious practice – Sensitivity issue – Anticipation of disruption – Stern procedural measures to be taken if required – Order upheld, no modification – Parties to maintain peace and harmony in procession – Case disposed of.