Specific Performance of Agreement to Sell - Execution of Agreement not established - Plaintiff failed to produce Handwriting Expert - Appellant claimed an agreement to sell land with respondent No. 1 - Denial of execution of agreement by respondent No. 1 - Plaintiff failed to prove signatures on the agreement - Importance of Handwriting Expert in proving execution of agreement - Plaintiff's omission to examine Handwriting Expert - Trial Court's judgment erroneous - Ist Appellate Court rightly dismissed the suit - Judgment upheld - Regular Second Appeal dismissed. (Para 11-21)

Motor Vehicles Act – Enhancement of Compensation – Appeal – Appellants sought enhancement of compensation awarded by Claims Tribunal for death in a motor vehicle accident – Tribunal had awarded Rs. 9,40,000 with interest – Appellants claimed deceased’s income was Rs. 30,000 per month as a transporter and contractor, not Rs. 6,000 as assessed by Tribunal – Tribunal’s assessment based on lack of documentary evidence and unproven ownership of truck – High Court considered deceased a skilled labourer and adjusted monthly income to Rs. 10,000 – Recalculated total compensation to Rs. 17,15,500 with interest. [Paras 1-20]

Assessment of Income – Evidence – Tribunal’s income assessment – Held – Tribunal erred in assessing monthly income as Rs. 6,000 based on insufficient evidence – High Court adjusted income to Rs. 10,000, recognizing deceased as a skilled labourer based on driving license for heavy transport vehicle. [Paras 11-12]

Dependency and Multipliers – Personal Expenses – Held – Tribunal incorrectly deducted 1/3rd for personal expenses – High Court corrected deduction to 1/4th considering number of dependents – Multiplier of 13 applied correctly. [Paras 13-14]

Conventional Heads – Consortium and Funeral Expenses – Held – Tribunal awarded consortium and funeral expenses lower than statutory guidelines – High Court enhanced awards under these heads per Supreme Court guidelines. [Paras 16-18]

Decision – Enhancement of Compensation – High Court enhanced total compensation from Rs. 9,40,000 to Rs. 17,15,500 – Directed equitable distribution among dependents and specified terms for fixed deposits for minor dependents – Interest on enhanced amount at 6% per annum from claim petition filing date to actual payment. [Paras 19-22]

Passport Law – Renewal of Passport – Special Criminal Application seeking renewal of passport – Applicant’s passport renewal denied by passport authority due to pending criminal case and untraceable court records – Court held that the pendency of a criminal complaint which culminated into a criminal case does not justify refusal of passport renewal under Section 6(2)(f) of the Passports Act, 1967 – Direction issued to passport authority to process renewal application within a month. [Paras 1-9]

Untraceable Court Records – Impact on Administrative Decisions – Analysis – Held – Applicant’s criminal case records untraceable despite multiple efforts – Court found that such administrative lapses should not impede the renewal process – Authorities directed to base their decision on available documents rather than pending criminal case. [Para 5-9]

Decision – Renewal of Passport Directed – Court directed the passport authority to renew the petitioner’s passport within one month – Emphasized that mere registration of an FIR, which culminated into a criminal case, cannot be grounds for denial of passport renewal – Authorities instructed to consider documents provided by the petitioner. [Para 9]

Service Law – Departmental Proceedings vs. Criminal Acquittal – Petition against dismissal – Petitioner, a constable driver in CRPF, dismissed on allegations of misappropriating and selling fuel, was acquitted by criminal court on similar charges. Discharge by criminal court due to lack of evidence – Held, departmental proceedings on identical charges without sanction from Inspector General per Rule 27(2)(ccc) of CRPF Rules, 1955 is unsustainable – Departmental proceedings quashed, and petitioner reinstated with 50% back wages. [Paras 1-29]

Role of Evidence – Discrepancy between Criminal and Departmental Proceedings – Analysis reveals no substantial evidence in departmental proceedings that was not considered in criminal court – Criminal court’s acquittal due to lack of evidence on key allegations should influence departmental findings. [Paras 7-17]

Application of Rule 27(2)(ccc) of CRPF Rules, 1955 – Requirement for sanction from Inspector General for departmental proceedings on similar charges post acquittal – Non-adherence to rule constitutes grounds for setting aside dismissal order. [Paras 21-25]

Decision – Dismissal order set aside – Petitioner reinstated with 50% back wages – Relief limited due to lack of plea or evidence on non-gainful employment post-dismissal. [Paras 26-29]

Criminal Law – Murder Conviction – Eyewitness Testimony – Appellant convicted for murder under Section 302 IPC – Informant, Sonmuni Baskey, provided direct eyewitness testimony – Conviction upheld despite the lack of motive and the non-submission of the weapon to forensic analysis – Court found no discrepancy in the identification of the accused despite poor lighting conditions – Importance of direct evidence highlighted [Paras 2-25].

Eyewitness Identification in Low Light – Reliability – Eyewitness testimony of Sonmuni Baskey considered reliable even in low-light conditions due to prior acquaintance with the accused – Court refers to precedent affirming the reliability of identification by familiar individuals in poor visibility [Para 17.2].

Hearsay Evidence – Corroboration – Testimonies of P.W.2 (Deblal Kisku) and P.W.3 (Churki Hembrom) accepted as corroborative evidence – Court emphasized the admissibility of hearsay evidence that corroborates direct eyewitness accounts [Paras 21.1-21.2].

Medical Evidence – Corroboration – Medical evidence provided by P.W.12 (Dr. Shailendra Kumar) confirmed cause of death consistent with the injuries described by the eyewitness, further corroborating the prosecution’s case [Para 22].

Defect in Investigation – Non-fatal – Failure to send the recovered dagger for forensic examination considered a minor lapse – Court ruled that the defect did not undermine the direct evidence provided by the eyewitness [Para 20.1].

Motive – Relevance in Direct Evidence Cases – Court reiterated that motive is not crucial in cases supported by direct evidence – Conviction based on the unequivocal testimony of the eyewitness [Para 18.1].

Defense’s Alternate Theory – Rejected – Defense’s suggestion that the informant conspired to kill the deceased or committed the murder herself was rejected due to lack of supporting evidence – Appellant’s statement under Section 313 Cr.P.C. did not support the alternate theory [Paras 23.2-23.3].

Decision: Appeal dismissed – Conviction and sentence affirmed – Appellant to serve the remainder of the sentence as ordered by the trial court. Lower court records to be sent back along with a copy of this judgment. Pending interlocutory applications, if any, stand disposed of [Paras 24-27].

Criminal Law – Dying Declaration – Appellants convicted based on dying declarations of deceased – Two dying declarations recorded, first by police in presence of doctor, second under Section 164 Cr.P.C. by Judicial Magistrate – Court scrutinized consistency and voluntariness of statements – Found statements reliable and made in fit state of mind – Deceased consistently named Amir Mallick in both declarations but omitted Gudia @ Guria in second statement before Magistrate – Conviction of Amir Mallick upheld, Gudia @ Guria acquitted on benefit of doubt [Paras 1-33].

Witness Testimony – Reliability – P.W. 1 (husband of deceased) declared hostile, did not support prosecution’s case – Defense witnesses attempted to challenge credibility of dying declarations – Court emphasized consistency of deceased’s statements and presence of doctors during recording – Minor discrepancies in witness statements deemed immaterial [Paras 10-22].

Motive – Property Dispute – Evidence showed consistent motive related to property dispute between deceased and in-laws – Deceased demanded joint ownership in property registered solely in husband’s name – Step-relationship among family members contributed to motive [Paras 27-30].

Decision – Appeal partly allowed – Conviction of Amir Mallick for life imprisonment affirmed – Gudia @ Guria acquitted and ordered to be released [Paras 34-36].

Criminal Law – Conviction Based on Circumstantial Evidence Set Aside – Criminal Appeal against Trial Court's conviction for murder – Allegation of killing brother over property dispute – Evidence purely circumstantial with no direct eyewitness account – Prosecution's failure to establish motive convincingly – Suspicion alone insufficient for conviction – Held that chain of circumstances not complete to exclude hypothesis of innocence – Appellant acquitted.

Circumstantial Evidence – Requirements for Conviction – Analysis – Held – Prosecution failed to provide a complete and unbroken chain of evidence to link the appellant conclusively to the crime – Established principles demand exclusion of every hypothesis except the guilt of the accused – Appellant's presence and conduct insufficient to establish guilt beyond reasonable doubt. [Paras 28-32]

Recovery of Weapon and Clothes – Admissibility – Section 27 of Indian Evidence Act – Held – Recovery of the axe and blood-stained clothes did not meet the legal standards for admissibility – Prosecution failed to prove the exact disclosure statement as required under law – Recovery of items from open, accessible place further weakens the evidence. [Paras 32-40]

Conduct of Accused – Relevance under Section 8 of Evidence Act – Held – Conduct of the accused in recovery of items noted but insufficient to form sole basis for conviction – Apex Court’s caution that conduct alone cannot establish guilt for serious offenses like murder applied – Benefit of doubt granted. [Paras 41-46]

Abscondence of Accused – Legal Implications – Held – Mere abscondence cannot be construed as conclusive proof of guilt – Innocent individuals may also abscond due to fear of wrongful arrest – Not a determinative factor in absence of solid evidence. [Para 45]

Section 313 Cr.P.C. – Incriminating Circumstances – Failure to Put to Accused – Held – Crucial recovery evidence not presented to the appellant during his statement under Section 313 Cr.P.C. – Violates legal principles ensuring fair opportunity for defense – Weighs in favor of acquittal. [Para 44]

Decision: Appeal Allowed – Conviction and Sentence Set Aside – Appellant Acquitted. The trial court's judgment convicting the appellant under Section 302 IPC is overturned due to insufficient evidence and lack of conclusive proof. Appellant's bail bonds cancelled, sureties discharged. Compliance with Section 437A Cr.P.C. required within 15 days.

Writ Jurisdiction – Territorial Jurisdiction of High Court under Article 226 – Validity of forum selection clause – High Court of Calcutta holds jurisdiction despite forum selection clause specifying courts in Bhopal – Constitutional provisions under Article 226 cannot be contracted out – Part of cause of action arose within territorial jurisdiction of Calcutta High Court – Petitioners received rejection communication at Kolkata, affecting their business – Court's jurisdiction under Article 226 not ousted by forum selection clause [Paras 4, 6-7, 22-39].

Tender Evaluation – Applicability of Amendment No. 5 to EPC Tender Document – Notification dated August 31, 2016, prohibits amendments during offer submission period – Amendment No. 5 issued within fifteen days prior to bid due date – Held inapplicable to petitioners’ tender – Petitioners ineligible without the amendment [Paras 9, 41-49].

Bid Submission Requirements – Non-uploading of Appendix-IB with Technical Bid – Bid rejected as non-responsive – Tender terms required Appendix-IB with technical bid – Petitioners’ submission of Appendix-IB with financial bid insufficient – Authority’s interpretation given primacy – Decision to reject technical bid upheld [Paras 10-15, 51-57].

Decision – Dismissal of Writ Petition – Held – Petition dismissed as the decision-making process of respondent authorities adhered to tender terms and natural justice – No arbitrariness or unreasonableness found in rejection of petitioners’ bid – Costs not awarded [Paras 58-60].

Recruitment Process – Selection for Post of Constable – Alleged Irregularities – Petitioners successfully cleared written examination, Physical Efficiency Test (PET), Physical Measurement Test (PMT), and viva voce, yet appointment letters not issued – High Court examined the selection process and found procedural irregularities in rejecting candidates despite their qualifications – Directions issued for reconsideration of certain candidates.

Right to Fair Treatment – Impersonation Allegations – Held – Rejection of candidates on mere suspicion of impersonation without giving them an opportunity to respond is unjust – High Court directed authorities to process candidatures of two petitioners alleged to have impersonated, as no substantive evidence was provided, and to consider them for appointment based on merit.

Decision – Petition Partly Allowed – The High Court directed the respondents to process the appointments of Krishna Murari Kumar and Binod Kumar, found eligible but rejected on suspicion of impersonation – Authorities to complete this process within four weeks and accommodate in next available vacancies if current vacancies are filled – Age bar impediments waived for delayed processing – Remaining petitioners found ineligible based on marks secured compared to last selected candidates in respective categories.