1. Doctrine of estopple -- Withdrawal of NOC to commence Ayurvedic Medical College and Hospital – Held, there can be no indefeasible right claimed on the basis of the grant issued, which is illegal -- There is no promise offered by the State or the Government by reason of the invalid order issued by the Department -- When officers of the government acts outside the scope of authority, the plea of promissory estoppel would not be available, especially since the doctrine of ultra vires comes into operation and the government cannot be held bound by the unauthorised actions of its officers – Withdrawal of NOC, upheld. (SC) Decided on: 17.02.2025

2. Forfieture of gratuity -- Misappropriation of meagre amounts -- It is trite that even if minimal amounts are misappropriated it would constitute a misconduct warranting termination -- However, on the question of forfeiture of gratuity, Appointing Authority should have taken a more sympathetic approach -- Appointing Authority directed to limit the forfeiture to 25% of the gratuity payable and release the balance amounts. (SC) Decided on: 17.02.2025

3. Compensation to employee – Interest thereupon -- Interest liability arises on default of the employer, in paying the admitted compensation due under the Act within one month from the date it fell due and if there is such default, necessarily interest shall run at the rate provided -- Interest runs from the date of the accident -- 12% simple interest per annum necessarily has to be applied. (SC) Decided on: 17.02.2025

4. Divorce – Permanent alimony -- Decree of divorce on the ground of irretrievable breakdown of marriage -- Permanent alimony of Rs. 50,00,000/- granted -- Once the lis between the parties was finally settled and permanent alimony of a lump sum amount was awarded, nothing further survives for consideration -- All pending matters inter se parties would stand closed -- Final order of maintenance shall be the full and final adjudication of any maintenance proceedings between the parties, leaving no scope for further claims in this regard. (SC) Decided on: 17.02.2025

5. Contradiction in statement – Circumstantial evidence – Acquittal -- Significant improvements and omissions in the evidence of PW-3 -- Omissions are so relevant that they become contradictions in view of the Explanation to Section 162 of the CR.P.C. -- Thus, it is very difficult to accept the testimony of PW-3 as reliable -- PW-1 is not a witness to the theory of last seen together -- Therefore, it is not possible to hold that the theory of last seen together was proved by the prosecution beyond a reasonable doubt -- When the prosecution case is based on circumstantial evidence, the circumstances from which the conclusion of guilt is to be drawn should be fully established -- There must be a chain of circumstances so complete as not to leave any ground for any conclusion inconsistent with the innocence of the accused -- Two significant circumstances forming the chain have not been established -- Conviction and sentence set aside (SC) Decided on: 13.02.2025

6. Domestic violence – Quashing of criminal proceedings -- Nothing on record to show that the parents witnessed any of the incidents of physical harassment of the complainant at the instance of the appellants -- Complainant in her complaints did not assign any specific role to the appellants concerning the demands of dowry and physical and mental harassment of the complainant, except for making a sweeping allegation without specific details -- Appellants do not live with the principal accused -- While the marriage took place in Pondicherry and the complainant lived with her husband and mother-in-law in Chennai, the appellants are residents of Hyderabad -- Criminal proceedings quashed. (SC) Decided on: 07.02.2025

7. Compensation in motor vehicle accident case – Injury case – Consented compensation – Enhancement – Permissibility of -- Claimant-Appellant had agreed on the additional consolidated sum granted by the High Court -- Despite such consent, the objective when granting compensation under the Motor Vehicles Act, 1988, is to ensure just and fair compensation is paid to the aggrieved party – Compensation enhanced to Rs.17,82,825/-. (SC) Decided on: 07.02.2025

8. Compensation in motor vehicle accident case -- Split method of dependency – Deceased was to retire after 2 year of date of death -- Normally Courts and Tribunals have to apply the multiplier as per the judgement of this Court in Sarla Verma case (2009) 6 SCC 121 : 2009 INSC 506 -- Any deviation from the same warrants special reasons to be recorded -- Deceased was a technically qualified person and people are generally healthy at that age and continue working even after retirement -- Compensation on account of loss of income while applying the multiplier of 9 by the Tribunal without applying the split method is the correct calculation on that account -- Future prospects @ 15% awarded -- Loss of estate and funeral expenses, the amount of ?15,000/- each -- Consortium, there are three claimants, namely, the widow, one son and one daughter, they would be entitled to compensation on account of loss of consortium @ ?40,000/- each. (SC) Decided on: 07.02.2025

9. Conviction in cheque bounce complaint – Expedite decision on appeal – Suspension of sentence -- On joint request of the parties, petitioners exempted from depositing an amount of Rs.43,65,125/- i.e. 20% of the amount of compensation during the pendency of the appeal, before the Appellate Court -- Since the complaint was initially filed on 11.01.2018 and a period of 7 years has lapsed, after the institution of the complaint, the Appellate Court is directed to decide the appeal within a period of 04 months. (P&H HC) Decided on: 03.02.2025

10. Conviction in cheque bounce complaint – Appeal – Suspension of sentence -- Deposit of 20% compensation – Requirement of -- Petitioners/ convicts directed to deposit 20% of the compensation amount awarded by trial Court by the Appellate Court -- No reason given by the Court while issuing directions -- Condition of depositing of 20% of compensation amount awarded by the trial Court imposed for the purpose of suspension of sentence, set aside -- Appellate Court directed to re-consider the same after giving opportunity of hearing to the parties and then to pass appropriate order in accordance with the law laid down in Jamboo Bhandari’s case (SC) 2024(2) L.A.R. 323 = (2023) Law Today Live Doc. Id. 18509 and till then not to take any coercive action against the petitioners. (P&H HC) Decided on: 03.02.2025

11. Divorce -- Dispute between the parties remains only concerning the maintenance amount and both the parties have agreed to the grant of divorce – Husband has already remarried, the present parties stayed together for only about two months after the marriage, have no intention to continue their marital relationship, the marriage between the appellant-wife and the respondent-husband has evidently broken down irretrievably – No interfere with the decree of divorce granted by the Family Court and confirmed by the High Court. (SC) Decided on: 31.01.2025

12. Rape with wife – Quashing of FIR -- As per Exception 2 u/s 375 of IPC, sexual intercourse by a man with his own wife cannot be termed as rape and, hence, a charge under Section 376 of IPC cannot be sustained against the appellant -- The conduct of the Respondent No. 2 and 3 in failing to enter appearance despite sufficient notice is reflective of the fact that it is a dead case where no purpose shall be served in continuing the criminal proceedings alleging charges of rape against the appellant -- No prima facie case constituting any offence is made out against the appellant and—FIR and all consequential proceedings arising therefrom deserve to be quashed – Appeal allowed. (SC) Decided on: 31.01.2025

13. Estopple -- Appellant acted upon clause 49.5 and sought an extension of time on three occasions – Claim in the letter dated 25th January, 2017 was made by the appellant after giving solemn undertaking on 14th January, 2015 not to make any claim other than escalation in respect of delays in the completion of work, the claim made was contrary to the undertakings -- By the undertakings, the appellant agreed not to make a claim contrary to what is provided in clause 49.5; and therefore, by conduct, the appellant was estopped from challenging the validity of clause 49.5. (SC) Decided on: 31.01.2025

14. Part time sweeper – Regular pay scale -- Appellants were appointed on the ground of recommendation of the Selection Committee constituted by Collector, against the vacant posts as part time sweepers at Collector’s prescribed rates -- Appellants were appointed for posts reserved for Scheduled Castes, Scheduled Tribes and Other Backward Classes under Special Recruitment Drive -- They are covered under Clause 6 of the Circular dated 10.05.1984 since they have completed three years and fulfil all the conditions stipulated in the Circular to grant revised pay-scale -- Designation as ‘part-time’ sweepers does not affect the validity of their appointment since they were appointed against sanctioned posts nevertheless -- Appellants fighting this battle for regular pay-scale since 2016 and they have extended their service to the State for substantial years -- But more importantly they have proven that their situation is covered under the State issued Circular and Rules – Held, it confers upon them a legal right to avail regular pay-scale. (SC) Decided on: 31.01.2025

15. Appointment of teachers -- Change in eligibility criteria – Permissibility of -- Advertisement was issued on 19.07.2023 and the eligibility criteria was set out as per 2022 Recruitment Rules -- By which the candidates must have passed Teachers Eligibility Test conducted by the State of Jharkhand – By notice dated 10.01.2024, applications were called from the residents of Jharkhand possessing CTET and STET qualification between 19.01.2024 to 23.01.2024 -- Amendments in 2022 Recruitment Rules were brought on 29.01.2024 with intent to give statutory backing for changing the eligibility in the on-going recruitment process -- Later, the amendment in the advertisement was made -- Held, this amount to change the rules of game after the game has begun – Therefore, the entire action on the part of the State Government is arbitrary and contrary to the law -- Revised eligibility criteria introduced cannot be applied to the ongoing recruitment process. (SC) Decided on: 30.01.2025

16. Domestic worker – Rights of – Despite their growing demand, this indispensable workforce has also been the most vulnerable to exploitation and abuse -- Direction given to the Ministry of Labour and Employment in tandem with the Ministry of Social Justice and Empowerment, the Ministry of Women and Child Development, and the Ministry of Law and Justice, to jointly constitute a Committee comprising subject experts to consider the desirability of recommending a legal framework for the benefit, protection and regulation of the rights of domestic workers -- The composition of the Expert Committee is left to the wisdom of the Government of India and its concerned Ministries -- It will be appreciated if the Committee submits a Report within a period of 6 months, whereupon the Government of India may consider the necessity of introducing a legal framework which may effectively address the cause and concern of domestic workers. (SC) Decided on: 29.01.2025

17. Acquittal by trial court -- Conviction in revision – Power of -- Sub-section (3) of Section 401 CrPC prohibits/ bars the High Court to convert a finding of acquittal into one of conviction -- Defence counsel as well as the Public Prosecutor owes a duty to correct the Court if the Court is falling in some error and for all this, the State Government responsible -- It is the State Government who appointed the concerned Public Prosecutor -- High Court committed an egregious error in reversing the acquittal and passing an order of conviction in exercise of its revisional jurisdiction and that too without affording any opportunity of hearing to the appellants -- Appeals allowed -- Impugned judgment and order passed by the High Court set aside -- State Government directed to pay Rs. 5,00,000/- each to the three appellants towards compensation within a period of four weeks. (SC) Decided on: 29.01.2025

18. Murder – Acquittal -- Contradiction in statements – Disclosure statement -- Recovery of knife – Value of -- Difficult to believe the testimony of PW-4 and PW-5 for the following reasons: a. The statement made by both the eyewitnesses that the appellant inflicted two to three stab wounds on the back of the deceased with a knife are omissions; b. The version of PW-4 that he was standing at a distance of fifteen feet from the scene of occurrence is also an omission; c. The statement of PW-5 that PW-4 was present at the time of the incident is an omission. His statement that the deceased fell on his chest is an omission. d. Both the witnesses did not report the incident to the Police. According to PW-4, he informed the incident to one Sumesh, who has not been examined; e. Both the witnesses did not take the deceased to a hospital; and f. Though other persons were present at the time of the incident, the said witnesses have not been examined. Once evidence of two witnesses is disbelieved, the only remaining evidence against the appellant is of the recovery of the knife at his instance – It is not so strong a piece of evidence sufficient on its own and without anything more to bring home the charges beyond reasonable doubt – Conviction set aside. Manoj Kumar Soni’s case 2023 SCC OnLine SC 984 relied. (SC) Decided on: 29.01.2025

19. Culpable homicide not amounting to murder – Sudden fight -- From the evidence, as placed on record, it is difficult to come to a finding that the appellant had come with a premeditated mind to kill the deceased -- Possibility of an altercation taking place between the appellant and the deceased for some reason and the appellant assaulting the deceased in the heat of passion on account of a sudden fight, cannot be ruled out -- Appellant would be entitled to the benefit of Exception 4 of Section 300 of the IPC -- As such, the conviction of the appellant under Part I of Section 304 IPC would meet the ends of justice. (SC) Decided on: 29.01.2025

20. Murder -- Common intention -- For convicting the accused with the aid of Section 34 of the IPC the prosecution must establish prior meetings of minds -- It must be established that all the accused had preplanned and shared a common intention to commit the crime with the accused who has actually committed the crime -- It must be established that the criminal act has been done in furtherance of the common intention of all the accused -- Prosecution failed to show that the accused Nos. 2, 3 and 4/ appellants had common intention with accused No.1-JS prior to the accused No.1-JS’s shooting at the deceased resulting in her death – Conviction set aside. (SC) Decided on: 28.01.2025

21. Recovery of weapon -- Investigating Officer neither proved nor exhibited the disclosure statement of the appellant accused during his deposition -- Investigating Officer did not distinctly identify the accused persons at whose instance, the particular weapon, i.e., axe (kulhari) or dagger (katari), was recovered -- No indication in the testimony that he took the signatures of the accused persons on the recovery memos -- Not even this, the said witness did not even state that he signed and attested the memorandums under which the recoveries were effected -- Therefore, the substratum of the prosecution case regarding the disclosure statements rendered by the appellant-accused and the recoveries allegedly made in furtherance thereof remains unproved for want of proper evidence. (SC) Decided on: 28.01.2025

22. Extra-judicial confession – Recovery – Murder – Rape -- Acquittal -- Extra judicial confession, by its very nature, has been held to be a weak piece of evidence -- Normally it is given to persons who enjoyed the confidence and trust of the accused – Not on evidence that PW-9 enjoyed the confidence of the accused so as to safely infer that the accused would have made a clean breast of things to PW-9 -- PW-22 does speak of Police taking PW-9 into custody in connection with this case -- So many omissions in the statement of PW-9 -- Moreover, there is no corroboration in material particulars and hence Court rejected the extra judicial confession -- Merely based on the recovery no conviction for the offence charged could be sustained against the appellant – Appeal allowed, appellant acquitted. (SC) Decided on: 28.01.2025

23. Legitimacy/ Paternity of child – Presumption – DNA Test -- Issue hinges on two primary prongs requiring detailed analysis: (i) the difference between legitimacy and paternity, and consequently, the circumstances under which the presumption of legitimacy is displaced to permit an enquiry into paternity; and (ii) the exercise of ‘balancing of interests’ and evaluating the eminent need for a DNA test -- Legitimacy determines paternity u/s 112 of the Indian Evidence Act, 1872, until the presumption is successfully rebutted by proving ‘non-access’. (SC) Decided on: 28.01.2025

24. Conversion from one religion to another religion by misrepresentation, force, fraud, undue influence, coercion, allurement -- Regular bail – Discretion of Court -- The offence alleged is not that serious or grave like murder, dacoity, rape etc. -- Trial court declined bail as trial courts seldom muster the courage of granting bail, be it any offence -- However, at least, it was expected of the High Court to muster the courage and exercise its discretion judiciously -- Grant of bail is a matter of discretion, but discretion has to be exercised judicially keeping in mind the well settled principles of grant of bail -- Discretion does not mean that the judge on his own whims and fancy declines bail saying conversion is something very serious -- Petitioner is going to be put to trial and ultimately if the prosecution succeeds in establishing its case, he would be punished – Bail allowed. (SC) Decided on: 27.01.2025

25. Service matter – Disciplinary proceedings -- Fundamental defect in enquiry -- Appellant’s result was kept in abeyance in view of the pendency of the disciplinary proceedings -- Defect was accepted by the Bank when they did not press the appeal -- Appellant should be granted all monetary benefits since the fundamental defect in the enquiry was due to no fault of the appellant. (SC) Decided on: 27.01.2025

26. Arbitration award – Interference in – When it comes to scope of an appeal under Section 37 of the 1996 Act, jurisdiction of the appellate court in examining an order passed under Section 34, either setting aside or refusing to set aside an arbitral award, is all the more circumscribed -- A great deal of restraint is required to be shown while examining the validity of an arbitral award when such an award has been upheld, wholly or substantially, under Section 34 of the 1996 Act – Frequent interference with arbitral awards would defeat the very purpose of the 1996 Act -- High Court was not at all justified in setting aside the arbitral award exercising extremely limited jurisdiction u/s 37 of the 1996 Act by merely using expressions like ‘opposed to the public policy of India’, ‘patent illegality’ and ‘shocking the conscience of the court’ – Judgment and order passed by High Court set aside and the arbitral award restored. (SC) Decided on: 27.01.2025

27. Cheque bounce complaint – Enquiry u/s 225 BNSS – Requirement of -- Drill of Section 225 BNSS (erstwhile Section 202 Cr.P.C.) was not followed before issuance of process -- Intention is to ensure that sufficient grounds exist in order to proceed against an accused in a private complaint -- It is pertinent that the concerned Court passes an order indicating substantial compliance of the aforementioned provision, in view of the directions issued in In re: Expeditious Trial of Cases under Section 138 NI Act 1881 2021(2) L.A.R. 366 = (2021) Law Today Live Doc. Id. 16184 -- Matter remanded back to concerned Court to consider the matter afresh in accordance with law, by taking recourse to Section 225 BNSS. (P&H HC) Decided on: 27.01.2025

28. Quashing of criminal proceedings – Criminal intimidation -- Insult the modesty of woman – After the complainant filed the complaint, a NCR was registered, indicated that no cognizable offence -- Subsequently, an FIR was lodged (fifty-eight) days after the initial complaint was filed, u/s 323, 504, 506, 509, and 511 of the IPC -- Only Section 509 constitutes a cognizable offence, whereas Sections 323, 504, and 506 are noncognizable offences -- FIR does not contain any allegations that would substantiate a charge u/s 509 of the IPC -- Chargesheet is the sole document that alleges the use of "filthy language" by the appellants in scolding the complainant -- Discrepancies and variations, suggest a deliberate attempt to reclassify the nature of the proceedings from non-cognizable to cognizable or to transform a civil dispute into a criminal matter, potentially aimed at pressurizing the appellants into settling the dispute with the complainant – Criminal proceedings quashed. (SC) Decided on: 24.01.2025

29. Revenue authority – Power of review – Waiver of parties – Permissibility of -- Cannot concur with the High Court’s reasoning that the Appellants “submitted themselves” to the authority’s review process or somehow acquiesced in the second decision -- Jurisdiction cannot be created by consent or waiver -- The law does not permit a statutory functionary to assume powers not conferred upon it, regardless of how the parties engage in subsequent litigation. (SC) Decided on: 24.01.2025

30. Dowry case – Cruelty – Sentence reduced to already undergone -- Appellant sentenced to two years imprisonment for the offence u/s 498-A of IPC and one year imprisonment for the offence u/s 4 of DP Act, sentence to run concurrently -- Appellant has undergone approximately 3 months in custody – Incident pertains to the year 2006, marriage was solemnized on 31.03.2006 and the couple lived together exactly for three days -- Complainant is married and settled abroad -- Case prolonged for a period of nearly 19 years -- Sentence set aside, substituted for the period already undergone and Rs. 3,00,000/- payable as compensation. (SC) Decided on: 24.01.2025

31. Compensation in Motor vehicle accident case -- Injury case -- Mason -- From the nature of the head injuries, it cannot be held that the first appellant would have returned to complete normalcy and is entitled to loss of income only at Rs.100/- per day -- Appellant continued to suffer from disability such as memory loss, defective speech, etc. -- Tribunal concluded that the first appellant was earning Rs.450/- per day, then applied the multiplier for 70% disability loss -- Employability of a person with serious head injuries is a circumstance which ought to have been kept in the perspective for determining the loss of income of the first appellant -- Age of the first appellant, even assuming as 50 years, as contended by the Insurance Company, the compensation for loss of income and also loss for future earnings can be determined at Rs.7,50,000/ (lumpsum) – Total compensation works out to Rs. 12,09,017/- with interest @ 7.5% per annum from the date of the claim petition till the date of payment. (SC) Decided on: 24.01.2025

32. Non-Banking Companies – Writ jurisdiction -- Although a non-banking finance company like the Muthoot Finance Ltd. with which we are concerned is duty bound to follow and abide by the guidelines provided by the Reserve Bank of India for smooth conduct of its affairs in carrying on its business, yet those are of regulatory measures to keep a check and provide guideline and not a participatory dominance or control over the affairs of the company -- Writ petition rejected on the ground of maintainability . (SC) Decided on: 24.01.2025

33. Order/ Award of Micro and Smal enterprises Facilitation (MSEFC) – Challenge to – Alternative remedy of arbitration – Writ jurisdiction : Following questions referred to a larger Bench of five Judges, namely: (i) Whether the ratio in M/s India Glycols Limited (2023 SCC OnLine SC 1852) that a writ petition could never be entertained against any order/award of the MSEFC, completely bars or prohibits maintainability of the writ petition before the High Court? (ii) If the bar/prohibition is not absolute, when and under what circumstances will the principle/restriction of adequate alternative remedy not apply? (iii) Whether the members of MSEFC who undertake conciliation proceedings, upon failure, can themselves act as arbitrators of the arbitral tribunal in terms of Section 18 of the MSMED Act read with Section 80 of the A&C Act? The first and second question will subsume the question of when and in what situation a writ petition can be entertained against an order/award passed by MSEFC acting as an arbitral tribunal or conciliator. (SC) Decided on: 22.01.2025

34. Murder – Evidence -- In order to render any witnesses’ testimony as unreliable, the inconsistencies shall be material ones and of such a nature that they create substantive doubts in the mind of the court towards the story or the chain of events as sought to be established by the prosecution -- Mere conjectures or hypothetical inconsistencies cannot form the basis for acquittal when the evidence, viewed as a whole, points to the guilt of the accused. (SC) Decided on: 22.01.2025

35. Condonation of delay – Challenge to -- Discussion on merit in appeal – Scope of -- Scope of the appeal before the High Court was limited to examining the correctness of the order of the Appellate Tribunal, declining condonation of delay -- When merits of the orders impugned in the appeal was not touched upon by the Appellate Tribunal, the High Court ought not to have commented on the merits -- Merits of the order could be examined by the Appellate Court. (SC) Decided on: 22.01.2025

36. Murder – Acquittal -- Circumstantial evidence -- Prosecution failed to conduct the Test Identification Parade (TIP) of the recovered articles, thereby, bringing the identification of the material objects in Court for the first time, is under a cloud of doubt -- Material omission on part of the Investigating Officer in not conducting a Test Identification Parade (TIP) of the recovered articles, more particularly when the case of prosecution is based solely upon recoveries of these articles, has created holes in the fabric of the prosecution story, which are impossible to mend -- Chain of circumstantial evidences in the case cannot be held to be so complete, so as to lead to the only hypothesis of the guilt of the accused which is totally inconsistent with their innocence – Conviction set aside. (SC) Decided on: 22.01.2025

37. Rape – Offence under SC/ST Act – Promise to marry -- Quashing of Criminal proceedings -- Complainant agreed to indulge in intimate relations with the appellant on the accord of her own desires and not on the basis of any false promise of marriage made by the appellant -- Present case may involve a breach of promise, it does not constitute a case of an inherently false promise to marry -- Appellant himself had asked the complainant to elope with him and get married, but it was the complainant who insisted on waiting till he secured a job -- In her statement, the complainant has not uttered a single word which shows that she was maligned or abused by the appellant for belonging to a particular caste – Allowing the prosecution of the appellant would tantamount to sheer abuse of the process of law and nothing else -- Summoning order quashed. (SC) Decided on: 22.01.2025

38. PMLA case – Regular bail – Accused not produced before magistrate in 24 hours -- Violation of fundamental right – Right to bail -- Arrest gets vitiated on completion of 24 hours in custody – Once a Court, while dealing with a bail application, finds that the fundamental rights of the accused under Articles 21 and 22 of the Constitution of India have been violated while arresting the accused or after arresting him, it is the duty of the Court dealing with the bail application to release the accused on bail – Bail cannot be denied on the grounds of non-fulfilment of twin tests under clause (ii) of sub-section 1 of Section 45 of PMLA – High Court granted bail – No error in judgment, appeal dismissed. (SC) Decided on: 21.01.2025

39. Promotion to Tracer -- Negative equality – Permissibility of – As per Rules, the post of Tracer is to be filled up to 100% by way of direct recruitment -- While referring to two communications appointing two as Tracer on promotion, the petitioner is claiming violation of Article 14, namely the discrimination – Held, Court cannot put a stamp on the illegalities committed by the department while perpetuating the same -- A litigant coming to the Court cannot claim negative discrimination seeking direction from the Court to the department to act in violation of the law or statutory Rules -- It is a settled proposition of law that Article 14 does not envisage negative equality. (SC) Decided on: 20.01.2025

40. Rape – Promise to marry – Only because physical relations were established based on a promise to marry, it will not amount to rape -- For the offence of rape to be attracted, the following conditions need to be satisfied: first, the accused promised to marry the prosecutrix solely to secure consent for sexual relations without having any intention of fulfilling said promise from the very beginning; second, that the prosecutrix gave her consent for sexual relations by being directly influenced by such false promise of marriage. (SC) Decided on: 20.01.2025

41. Judgment of High Court – Whether can be declared illegal -- Writ jurisdiction -- Judgment of the High Court cannot be declared as illegal -- If the petitioners have not been heard and are affected by the said judgment, the remedy available to them is to either file a petition/application for recall of the said order/judgment or to challenge the same by way of a petition under Article 136 of the Constitution. (SC) Decided on: 17.01.2025

42. Regular Second Appeal – Substantial question of law – Interim order – Power of -- Second appeal will be maintainable before the High Court, if the case involves a substantial question of law -- High Court, without formulating substantial questions of law, granted the interim relief by directing the parties to maintain status quo, till the next date of hearing – Held, High Court could not have passed the interim order without satisfying itself of the existence of a substantial question of law, as mandated u/s 100 CPC – Interim order passed by High Court set aside. (SC) Decided on: 17.01.2025

43. Dismissal of judicial officer – Probation -- Opportunity of hearing -- Foundation of the order dispensing with petitioner's service is the complaint filed by his former wife and the report submitted by the Administrative Judge -- Committee relied upon the report of the Administrative Judge -- Petitioner was never issued any charge sheet – Petitioner claims that he was not even supplied copy of the complaint or the statement of his former wife recorded by the Registrar General, he was called in the office of the Registrar General and was asked to give his response there and then -- In the Annual Confidential Reports with respect to years 2007-2008 and 2008-2009, he was rated as 'Good Officer' -- District Judge also rated the petitioner as a 'Good Officer' -- Report of Administrative Judge with regard to work and conduct of the petitioner is also without granting him an opportunity of being heard -- Substantially, it can be concluded, the report of the Administrative Judge is based on the complaint filed by the petitioner's former wife – Petitioner ordered to be reinstatement with continuity of service, back wages and seniority -- However, the respondent shall have the liberty to initiate disciplinary proceedings. (P&H HC) Reserved on: 12.12.2024 Decided on: 17.01.2025

44. Decree of Specific performance – Extension of time – Annulment of decree – Power of -- A suit for specific performance does not come to an end on passing of a decree and the court which has passed the decree for specific performance retains the control over the decree even after the decree has been passed -- Decree for specific performance has been described as a preliminary decree -- Power u/s 28 of the Act is discretionary and the court cannot ordinarily annul the decree once passed by it -- Court does not cease to have the power to extend the time even though the trial court had earlier directed in the decree that payment of balance price to be made by certain date and on failure the suit to stand dismissed. (SC) Decided on: 17.01.2025

45. Transfer of prisoner from one jail to another – Challenge to -- It is lucid that transfer of convict prisoner from one prison to another is purely an administrative decision and hence, the same cannot be interfered with by the court unless it is arbitrary and contrary to law. (SC) Decided on: 17.01.2025

46. NDPS -- Conscious possession of contraband – Burden of proof -- It is the burden of the prosecution to establish that the contraband was seized from the conscious possession of the accused -- Only when that aspect has been successfully proved by the prosecution, the onus will shift to the accused to account for the possession legally and satisfactorily. (SC) Decided on: 16.01.2025

47. Culpable homicide not amounting to murder -- Sudden provocation – Deceased is said to have uttered some bad words and it appears that he also raised his hand & slapped the appellant -- However, that by itself may not be sufficient to bring the case within the ambit of grave and sudden provocation -- The incident occurred at a spur of a moment -- The act was not pre-planned or pre-meditated -- What is important to note is that the appellant had no weapon in his hands -- He picked up a cement stone which was lying beneath the bridge and hit the same on the head of the deceased -- Therefore, it could be said that the appellant did not take any undue advantage or acted in a cruel or unusual manner – Conviction u/s 304 Part 1 of the IPC, upheld – Sentence reduced to already undergone. (SC) Decided on: 16.01.2025

48. Kidnapping -- Procuration of minor girl – Acquittal -- Age of girl -- Prosecutrix herself indicated that she was not forcibly taken away by the appellant -- Age of the prosecutrix as per the opinion of the Doctor ranged between 16-18 years and in the absence of any contrary evidence, the possibility of the prosecutrix, being of 18 years age, cannot entirely be ruled out -- Evidence of the prosecutrix not supported the case of the prosecution -- Independent eye-witness (PW-4) also did not support the prosecution’s case on recovery -- Prosecution failed to prove the ingredients of both Sections 363 and 366-A of the IPC – Conviction set aside. (SC) Decided on: 16.01.2025

49. Registration of FIR -- Investigation by Police – Power of Judicial Magistrate – Hearing to Police officer – Mandate of -- By requiring the Magistrate to consider the submissions made by the concerned police officer before proceeding to issue directions u/s 175(3), BNSS has affixed greater accountability on the police officer responsible for registering FIRs u/s 173 -- Mandating the Magistrate to consider the submissions of the concerned police officer also ensures that the Magistrate applies his mind judicially while considering both the complaint and the submissions of the police officer thereby ensuring that the requirement of passing reasoned orders is complied with in a more effective and comprehensive manner. (SC) Decided on: 16.01.2025

50. Death sentence – Life imprisonment – Murder of Wife & 4 Minor Daughters – Must scrutinize not only the nature of the offence but also the totality of the offender’s circumstances -- Certain mitigating factors, especially the Appellant’s lack of criminal antecedents and his reported conduct in prison, tilt the scales in favour of commutation -- There is no material demonstrating that he would remain a perpetual threat to society or that he is beyond reform -- Indeed, the Probation Officer’s input and the Superintendent of District Jail’s report show a potentially reformable individual -- Imposition of capital punishment is an exception and not the rule -- Even where multiple murders have been committed, if there is evidence or at least a reasonable possibility of reform, a lesser sentence must be preferred – Case does not meet the threshold of “the rarest of rare” so as to irrevocably foreclose the option of life imprisonment – Death sentence commuted to life imprisonment till his last breath. (SC) Decided on: 16.01.2025