High Court of Judicature for Rajasthan, Jaipur Bench - Writ Petition - Release of film 'Ajmer 92' - Prayers seeking a ban on the film's release and the formation of a committee to review the content - Alternative remedy of revision available under Section 6 of the Cinematograph Act, 1952 - No grounds for interference under Article 226 of the Constitution of India - Writ petition dismissed. (Para 3)

Criminal Procedure Code – Sections 82 and 83 – Quashing of orders – Petitioners sought quashing of order summoning them by way of proclamation under Section 82 Cr.P.C. and declaring them proclaimed persons under Section 83 Cr.P.C. – Petitioners contended that their business had ceased to exist before the pandemic, and they were never served with warrants – Court found no evidence of proper service and non-compliance with statutory requirements – Held, orders not sustainable in law – Impugned orders quashed – Further proceedings to continue in the lower court. (Para 7)

Passport - Deletion of spouse's name - Petitioner sought direction to delete the name of her alleged husband from her passport - Petitioner contended that she had not solemnized marriage with the said person and the inclusion of his name was for the purpose of travel, which did not materialize - Respondents accepted notice and undertook to decide on the petitioner's representation and legal notice within six weeks - Court disposed of the petition with a direction to the respondents to pass an appropriate order on the petitioner's representation and legal notice within the stipulated timeframe. (Para 1-4)

Bail Application - Economic Offenses - Grant of bail - Conditions - The court held that the accused, who was charged with economic offenses of significant magnitude, was entitled to bail pending trial on stringent conditions to allay apprehensions expressed by the investigating agency. The court emphasized the need to balance the accused's liberty with the necessity of a fair trial and imposed elaborative and stringent conditions to address concerns regarding influencing the investigation, tampering with evidence, and intimidating witnesses. [Para 5, Para 6]

Bail Conditions - Pragmatic Approach - The court suggested that while granting bail with sureties, the accused should be given the choice to either furnish surety bonds or alternative options such as fixed deposits, direct electronic money transfer, or creating a lien over their bank account. The court emphasized that the option should lie with the accused and not with the court or the arresting officer. [Para 10]

Compliance with Bail Conditions - The court required the petitioner to comply with the conditions of bail, including providing detailed information about bank accounts, assets, and financial holdings within a specified period. Failure to comply with these conditions could lead to the cancellation of bail. [Para 13]

Modification of Bail Conditions - The court allowed the petitioner to file a reasoned application for the modification of any bail condition that violates fundamental, human, or other rights or causes difficulty due to any situation. The court stated that the concerned court could also modify or delete any condition after taking cognizance of the application. [Para 17]

Authenticity of Bail Order - The court permitted any advocate for the petitioner to download and attest a true copy of the bail order from the official website of the court, which could be used for furnishing bonds. The attesting officer could also verify the authenticity of the downloaded copy. [Para 22]

Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 - Conviction - Sentence - Reduction of sentence - Petitioner convicted for offense of adulteration of khoya - Petitioner, aged more than 70 years, had already suffered incarceration for a short period and had no criminal antecedents - Deficiency in milk fat content found to be only 0.5% - Petitioner's conviction maintained but sentence reduced for the period already undergone - Petitioner set free. [Para 11]

Fundamental right to speedy trial - Right to personal liberty under Article 21 of the Constitution - Accused's right to speedy trial considered as part of the fundamental right to personal liberty - Protracted trial and delays - Petitioner faced agony of protracted trial for over 28 years - Age of petitioner, advanced at the time of revision, considered - Sentence reduced based on various circumstances and precedents - Sentence should be proportionate to the facts of the case. [Para 12]

Family Court Appeal – Dissolution of Marriage – Allegations of cruelty and dissolution of marriage under Section 13(i)(a) of the Hindu Marriage Act – Husband appeals against the judgment and decree dismissing his petition – Examination of the facts and issues surrounding the case – Appeal allowed on grounds of cruelty and dissolution of marriage granted. [Para 1]

Cruelty in Marriage – Definition and scope of cruelty in matrimonial cases – Mental cruelty as a ground for dissolution of marriage – Analysis of precedents that establish cruelty beyond ordinary wear and tear – Importance of baseless and reckless allegations causing mental agony – Allegations against the husband of having an illicit relationship and fathering a child with another woman – Assessment of evidence and determination of credibility. [Para 20-24]

Spousal Conduct – Examination of the wife’s conduct in the marriage – Insulting husband based on complexion, separation from the husband without cause, refusal to withdraw complaints against husband and family – Impact of wife’s conduct on the marital relationship – Court’s recognition of cruelty due to baseless allegations and refusal to reconcile. [Para 23-24]

Decree of Divorce – Conclusion on the issue of cruelty and its impact on the marital relationship – Setting aside the Family Court’s judgment and decree – Dissolution of the marriage between the appellant and the respondent granted – Alimony and maintenance issues reserved for separate consideration – Costs not awarded. [Para 26-28]

Criminal Revision – Recall of Witnesses – Sexual Offences – Interpretation of Section 33(5) of POCSO Act – Balance between fair trial rights of accused and interests of victim – Application for recalling prosecution witnesses in a sexual assault case involving a minor – Examination of prosecutrix and her mother conducted at length – Application for recall filed after a significant delay of six years – Importance of preventing misuse of recall applications for delaying trials – Upholding intent of legislation while ensuring expeditious and fair trial – Application for recall dismissed. [Para 1 – 26]

Ordering of blood tests in paternity disputes – Principles to be considered – Courts in India cannot order blood tests as a matter of course – Strong prima facie case of non-access required to dispel presumption of legitimacy – Consequences of ordering blood tests must be carefully examined, including potential stigmatization – No one can be compelled to give a blood sample for analysis. [Para 24]

Contextual application of paternity disputes during subsisting marriages – Declaration of legitimacy granted only in admitted or proved matrimonial relationships – Casual or live-in relationships not subject to adjudication of legitimacy. [Para 26]

Availability of other evidence to prove or dispute relationship – Courts should refrain from ordering blood tests against the will of the party if other evidence is available. [Para 27]

Prima facie evidence and photographs as proof of cohabitation and birth – Consideration of photographs as prima facie evidence justifying averments of cohabitation and birth – Failure to establish prima facie case by the alleged father may warrant a blood test to determine DNA. [Para 31, 32]

Relevance of establishing paternity for maintenance allowance – Illegitimate child eligible for maintenance allowance, but paternity is a relevant aspect to be established. [Para 33]

Upholding of lower court’s order – Impugned order for blood test upheld as it was legally sustainable and in accordance with the principles laid down by the Supreme Court. [Para 34]

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]