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]

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]