Criminal Law - Obscenity and Grievous Hurt - Indian Penal Code 1860 - Sections 294(b) 326 and 506(ii) - Appeal against High Court order upholding conviction under IPC while acquitting under SC/ST Act - Appellant allegedly uttered obscene words intimidated and assaulted the complainant with a billhook causing nasal bone fracture - High Court upheld conviction under 294(b) 326 and 506(ii) IPC but reduced sentence - Supreme Court analyzed the ingredients of obscenity and criminal intimidation - Held that mere use of vulgar or abusive words without lascivious elements does not constitute obscenity under Section 294(b) - Further held that threatening words without intent to cause alarm do not amount to criminal intimidation under Section 506(ii) - Medical evidence corroborated grievous hurt by dangerous weapon attracting Section 326 IPC - Convictions under 294(b) and 506(ii) set aside - Conviction under 326 IPC upheld but sentence modified to till the rising of the Court with a fine of Rs 50000 due to appellant age and health - Held - Appeal partially allowed - [Paras 1-23].

Criminal Law - Obscenity - Indian Penal Code 1860 - Section 294(b) - Distinction between obscenity and vulgarity - Appellant uttered abusive words during a land dispute altercation - Test of obscenity requires words to be lascivious appealing to prurient interests and having a tendency to deprave and corrupt minds - Words which are merely vulgar or abusive may evoke disgust but do not necessarily constitute obscenity in law - Prosecution failed to prove annoyance to others in a public place - Held - Offence under Section 294(b) IPC not made out - [Paras 11-17].

Criminal Law - Criminal Intimidation - Indian Penal Code 1860 - Section 506(ii) - Appellant allegedly waved a billhook and uttered threatening words - Mere use of threatening words during an altercation without proof of intent to cause alarm or compel omission of an act is insufficient for conviction - Held - Offence of criminal intimidation not established and conviction set aside - [Paras 18-19].

Criminal Law - Grievous Hurt - Indian Penal Code 1860 - Sections 320 and 326 - Assault with a billhook causing fracture of the nasal bone - Medical evidence and CT scan confirmed fracture qualifying as grievous hurt under Section 320 IPC - Appellant contended absence of incised wounds negated Section 326 IPC - Contention rejected as fracture was proved and billhook is a dangerous weapon - Held - Conviction under Section 326 IPC affirmed - [Paras 20-21].

Decision: Appeal allowed in part – Convictions under Sections 294(b) and 506(ii) IPC set aside while conviction under Section 326 IPC is affirmed – Sentence modified to imprisonment till the rising of the Court and a fine of Rs. 50,000 to be paid within two months.

Civil Law - Railway Compensation - Railways Act 1989 - Sections 2(29) and 124A - Appellant-wife claimed compensation for the death of her husband who accidentally fell from a running train - Railway Claims Tribunal denied compensation concluding the deceased was not a bona fide passenger due to the non-recovery of his train ticket from his belongings - High Court affirmed the dismissal highlighting minor inconsistencies in the date of travel pleaded versus the cross-examination - Supreme Court reversed the concurrent findings noting that Section 124A is a beneficial legislation enacting no-fault liability which mandates purposive interpretation - Supreme Court observed that the mere absence of a ticket on the person of the deceased does not alter his status as a bona fide passenger - Initial burden on the claimant stands discharged by filing an affidavit affirming the purchase and subsequent loss of the ticket along with luggage during the untoward incident - Railways failed to rebut this evidence - Held - Courts below erred in adopting a restrictive pigeonhole view to defeat the welfare aim of the statute - Impugned judgments set aside - Appeal allowed and compensation of Rs 800000 awarded to the appellant - [Paras 2-3, 6-9, 19-21].

Civil Law - Statutory Interpretation - Railways Act 1989 - Section 124A - Beneficial legislation - Scope and intent of the provision for compensation on account of untoward incidents - Held - Welfare statutes must receive purposive and liberal construction avoiding restrictive or literal interpretation - The overarching objective is to provide expeditious accessible compensation to victims of untoward incidents without imposing the burden to prove negligence - Foundational facts requiring proof are travelling on a valid ticket and death in an accident governed by preponderance of probabilities and not beyond reasonable doubt - [Paras 6-9].

Civil Law - Burden of Proof - Railways Act 1989 - Section 124A - Establishing bona fide passenger status - Held - Mere presence of a body on railway premises is not conclusive but the mere absence of a ticket with the deceased will not automatically negative the claim that he was a bona fide passenger - Initial burden on the claimant can be discharged by filing an affidavit detailing relevant facts which then shifts the burden onto the Railways to be decided on attending circumstances - [Paras 9, 19].

Civil Law - Duty of Care - Railways Act 1989 - Section 55 - Obligations of Railway Administration towards passengers - Court highlighted frequent mishaps due to overcrowding and lack of rigid access control at stations despite explicit internal manuals and statutory provisions under the Railway Protection Force Act 1957 - Held - Railways and passengers bear equal responsibility for safety - Modernisation and strict implementation of ticket checking protocols are required to prevent loss of life and secure passenger welfare - [Paras 10-17].

Decision: Appeal allowed – Impugned judgments of the High Court and Railway Claims Tribunal set aside – Railways directed to pay compensation of Rs 8,00,000 to the appellant within four weeks, failing which interest at 8% shall be payable from the date of filing the claim petition.

Company Law  - Insolvency and Bankruptcy - Insolvency and Bankruptcy Code 2016 - Section 31 - Effect of approved Resolution Plan - Appellant Successful Resolution Applicant sought dismissal of pending civil suits and arbitral proceedings initiated by operational creditors after NCLT approved its resolution plan - Trial Court and High Court allowed proceedings to continue on grounds that claims were admitted at a notional value of Re 1 and were pending adjudication - Supreme Court reversed the High Court holding that once a resolution plan is approved under Section 31 it becomes binding on all stakeholders and all unquantified claims not strictly provided for in the plan stand frozen and extinguished under the clean slate doctrine - Held - Legal proceedings which had not culminated in determinable quantifiable claims by the date of approval of the plan by NCLT stand abated extinguished waived or withdrawn - Impugned judgments set aside and pending civil and arbitral proceedings dismissed - [Paras 51-64].

Civil Law - Clean Slate Doctrine - Insolvency and Bankruptcy Code 2016 - Section 31 - Adjudication of sub-judice claims - Resolution Professional admitted disputed claims of operational creditors at a notional value of Re 1 - NCLT approved the resolution plan which allocated a fixed corpus for operational creditors and expressly stipulated that all pending legal proceedings would stand withdrawn and extinguished - Supreme Court observed that a successful resolution applicant cannot be faced with undecided claims popping up post approval - Allowing uncertain claims to resurface would be antithetical to the clean slate principle and commercially unsound - Held - Notional admission of Re 1 does not keep the claims alive for independent civil or arbitral adjudication after plan approval - [Paras 54-60].

Civil Law - Crystallisation of Claims - Insolvency and Bankruptcy Board of India CIRP Regulations 2016 - Regulation 12(2) - Cut-off date for operational creditors - Regulation 12(2) required that the corporate debtor's liability towards operational creditors be crystallised and quantified by the date of approval of the resolution plan by the Committee of Creditors - The final list of creditors was prepared and intimated to NCLT before plan approval - Supreme Court noted that any subsequent increase in verified claims through pending litigation would disrupt the pro-rata distribution already effected - Held - Claims must be crystallised on the effective date and no amount beyond what is accommodated in the approved plan is payable - [Paras 56-58].

Decision: Appeals allowed – Impugned judgments and orders of the Bombay High Court and Trial Court are set aside – The civil suit pending before the Trial Court and the arbitral proceedings initiated by the Intervenor are dismissed.

Criminal Law - Record of evidence in absence of accused - Code of Criminal Procedure 1973 - Section 299 - Respondent accused of gang-rape absconded during initial trial - Trial was split and victim testified extensively against apprehended co-accused but died before respondent was arrested - Trial Court allowed prosecution application under Section 33 of Evidence Act to admit victim previous deposition in subsequent trial against respondent - High Court set aside Trial Court order holding that Section 299 CrPC casts unambiguous duty to obtain direction that evidence be recorded against absconder and thus previous deposition is inadmissible - Supreme Court noted that for Section 299(1) CrPC to apply two facts must be established before deposition namely accused is absconding and no prospect of immediate arrest - Section does not mandate formal passing of order by Magistrate recording compliance with these two facts before witness deposes - Proclamation notice was issued and chargesheet showed respondent absconding with no prospect of immediate arrest at time of victim deposition - Accused cannot be allowed to take advantage of his own wrong by absconding and waiting for material witnesses to die - Held - High Court erred in adopting a restrictive view of Section 299(1) CrPC which defeats its purported intent to preserve evidence against deliberately absconding accused - Appeals allowed and High Court order set aside - [Paras 1-24].

Evidence Law - Admissibility of previous deposition - Indian Evidence Act 1872 - Section 33 - Code of Criminal Procedure 1973 - Section 299(1) - Question of transfer of depositions arises when deponent is no longer available - Deposition of victim recorded in split trial while respondent was absconding - Victim subsequently passed away - Prosecution sought admission of said statement in subsequent trial after respondent arrest - Held - Essentials of Section 299(1) CrPC were met on the date of deposition as respondent was declared absconding via proclamation and there was no immediate prospect of arrest - Prosecution justified in relying on evidence already on record taken in earlier trial in absence of absconding accused if deponent is dead - [Paras 14-22].

Decision: Appeals allowed – The impugned judgment and order dated 06.05.2022 passed by the High Court at Calcutta is set aside and the Trial Court order is restored.

Service Law - Compassionate Appointment - Scheme for Compassionate Appointment in Public Sector General Insurance Companies - Clause 1.1 - Delay by employer in processing application - Appellant employee applied for voluntary retirement on medical grounds at age 54 enclosing a Civil Surgeon certificate of permanent incapacitation - Respondent company kept the application pending and communicated the requirement for a Medical Board certificate only after the employee crossed the age threshold of 55 years - Employee immediately obtained and submitted the required certificate within seven days - Respondent accepted retirement post 55 years and rejected the son's claim for compassionate appointment stating the retirement occurred after the age of 55 - High Court upheld the rejection - Supreme Court noted that the company dealt with a time sensitive application and failed to communicate the deficiency within a reasonable time - Technical construction adopted by the respondent places the benefit of the scheme at the mercy of administrative delay - Held - Employer cannot take advantage of its own delay to defeat the claim - Rejection order and High Court judgment set aside - Respondent directed to grant compassionate appointment - [Paras 1-32].

Administrative Law - Benefit of own wrong - Time sensitive applications - Duty of employer - Clause 1.1 makes the age of 55 years a material threshold - An employer receiving an application before the threshold cannot keep it pending beyond reasonable delay and communicate essential deficiencies only after the threshold has crossed - The requirement to strictly construe the Scheme does not release the employer from its duty to administer it fairly - Held - A wrongdoer ought not to be permitted to make a profit out of his own wrong - [Paras 18-21].

Decision: Appeal allowed - Impugned judgment dated 19.08.2023 passed by the High Court and rejection communication dated 15.07.2019 are set aside - Respondent company directed to grant compassionate appointment to appellant No.1 within eight weeks - Respondent company shall grant necessary age relaxation if the applicable upper age limit was crossed during the pendency of proceedings - Appellant No.1 entitled to monetary benefits only from the date of actual appointment - Unpaid dues of appellant No.2 to be released within eight weeks.

Civil Law - Writ Jurisdiction - Constitution of India - Articles 226 and 227 - Scope of certiorari - Appellants challenged High Court order allowing writ petition and setting aside factual findings of First Appellate Court without issuing notice to them - Suit for partition dismissed by Trial Court upholding alienations by defendant no 1 - First Appellate Court dismissed appeal but recorded finding that sale deeds were invalid and defendant no 1 remained owner in possession - High Court set aside said finding holding it lacked pleadings or evidence - Supreme Court observed that High Court transgressed contours of certiorari jurisdiction as it acts in supervisory and not appellate capacity - First Appellate Court returned findings after competent evaluation of pleadings mutation entries and sale deeds - Such factual findings not amenable to certiorari interference unless patently illegal or without jurisdiction - High Court also violated audi alteram partem by dispensing with notice to appellants whose rights were directly affected - Held - High Court order set aside and First Appellate Court judgment restored - Appeal allowed - [Paras 11-17].

Civil Law - Principles of Natural Justice - Audi Alteram Partem - Constitution of India - Article 226 - Requirement of hearing affected parties - High Court decided writ petition ex parte after dispensing with service of notice to appellants - Impugned findings of First Appellate Court directly pertained to ownership possession and rights of appellants over suit schedule properties - Interference with such findings entails adverse civil consequences and prejudice - Appellants were necessary parties for effective adjudication - Foundational principle that no one should be condemned unheard was violated - Held - Course adopted by High Court resulted in clear violation of audi alteram partem - [Paras 15-16].

Decision: Appeal allowed - Impugned judgment and order dated 22.02.2023 passed by the High Court set aside - Judgment and order dated 02.08.2021 passed by the First Appellate Court restored in its entirety - Parties granted liberty to espouse remedies in accordance with law within three months.

Constitutional Law - Fundamental Rights - Constitution of India - Articles 14 21 32 and 142 - Right to life and dignity of prisoners - National Legal Services Authority filed writ petition highlighting systemic concerns regarding continued incarceration of convicted prisoners of advanced age above 70 years and terminally ill - Data collated across States revealed over 5000 such vulnerable prisoners languishing in overcrowded and medically ill-equipped prisons - Petitioner argued that such confinement serves no legitimate penological purpose and constitutes cruel and inhuman treatment - Supreme Court observed that the guarantees of dignity and humane treatment operate with full force even behind prison walls and punishment must not degenerate into retributive suffering - Held - Continued incarceration of elderly and terminally ill prisoners without structured release mechanisms or palliative care raises fundamental questions about proportionality and dignity - Court exercised powers under Articles 32 and 142 to issue comprehensive directions to all States and Union Territories to formulate a uniform policy for premature release within three months defining terminal illness as per UNODC guidelines and mandating independent Medical Boards and integration with the e-Prisons portal - [Paras 3-14 25-42].

Constitutional Law - Separation of Powers - Constitution of India - Schedule VII List II - Legislative competence over prisons - Subject of prisons and persons detained therein falls exclusively within the legislative domain of States - Primary responsibility for framing policies rests with State Governments - Court clarified it cannot assume the role of legislature or supplant statutory frameworks - Held - Where legislative or executive inaction results in systemic violations of fundamental rights the Court is duty-bound to issue appropriate directions to ensure Article 21 guarantees remain effective - Supervisory directions issued without transgressing into legislative policy - [Paras 37-39].

International Law - Constitutional Law - Constitution of India - Article 51(c) - Application of international standards in domestic penology - Reliance placed on Universal Declaration of Human Rights 1948 and International Covenant on Civil and Political Rights 1966 - UNODC Handbook on Prisoners with Special Needs 2009 and Nelson Mandela Rules referenced to assess acceptable standards of palliative care and compassionate release - Held - International standards assume persuasive constitutional relevance and serve as important normative benchmarks for evolving humane penological practices in the Indian legal system - States directed to adopt UNODC definition of terminal illness - [Paras 8 20-21 28-29 35].

Decision: Writ petition entertained with directions to all States and Union Territories to formulate and notify a comprehensive policy for early or premature release of elderly and terminally ill prisoners within three months – The process must be integrated with the National e-Prisons Portal and compliance affidavits must be filed within six months.

Civil Law - Carriage of Goods - Railways Act 1989 - Sections 65(2) 93 and 97 - Shortage in delivery - Appellant entrusted shipment of salt bags to respondent Railways booked at owner's risk - Consignment arrived with shortage of bags leading to a claim by appellant - Railway Claims Tribunal and High Court concurrently rejected the claim noting loading was done by consignor without railway supervision and receipt contained said to contain remark - Supreme Court upheld the rejection observing that Section 97 contains a non obstante clause overriding general obligations under Section 93 for goods booked at owner's risk - Fastening liability requires proof of negligence or misconduct by railway employees - Burden of proof under proviso to Section 65(2) lies on the consignor when particulars are not verified by railway staff - Appellant failed to discharge burden of proving the exact number of bags loaded - Held - No negligence or misconduct established against Railways - Appeal dismissed - [Paras 3-5 9 11 14-16].

Civil Law - Law of Torts - Railways Act 1989 - Section 97 - Negligence and Duty of Care - Allegation of negligence against Railways for short delivery - Negligence implies breach of duty of care resulting in damage - For railway authorities to be negligent they must owe a duty of care regarding the exact quantity of goods - Since railway employees were not involved in noting counting or weighing the goods at the time of loading they did not assume a duty of care for the specific quantity claimed - No specific allegations of misconduct regarding open wagons established - Held - Railways not liable for negligence - [Paras 12-14].

Civil Law - Statutory Interpretation - Railways Act 1989 - Section 97 - Non obstante clause - Scope and effect - Section 97 begins with notwithstanding anything contained in section 93 - Such clause gives overriding effect over the specified provision in case of conflict - The non obstante clause in Section 97 effectively excludes the general obligations cast on the Railway by Section 93 when goods are carried at owner's risk rate - Held - Liability under Section 97 can only be fastened upon proof of negligence or misconduct - [Paras 9-11].

Decision: Appeal dismissed – Pending applications if any stand disposed of.

Constitutional Law - Election Law - Constitution of India 1950 - Article 171 - Representation of the People Act 1950 - Section 27 - Voting rights of nominated members - High Court declared inclusion of nominated members in electoral roll of Local Authorities Constituency as unconstitutional and directed recount excluding their votes - Appellants challenged the order arguing nominated members fall under the expression every member and finality of electoral rolls prevents such challenge - Supreme Court analyzed the constitutional transformation under Part IX A focusing on democratic local self government - Court held that Article 243R explicitly bars nominated members from voting in municipal meetings - Extending voting rights to them in Legislative Council elections would dilute democratic representation and contradict constitutional intent - Court ruled that only democratically elected representatives with voting rights in local authorities can form the electoral college - Inclusion of nominated members being void ab initio materially affected the election result where margin of victory was 6 votes against 12 invalid votes - Held - High Court rightly ordered recount segregating invalid votes - Appeals dismissed - [Paras 21-50].

Writ Law - Election Law - Constitution of India 1950 - Article 226 - Maintainability of writ petition - Challenge to electoral roll prior to election - Appellants raised preliminary objection that writ petitions were barred due to alternative statutory remedies under Representation of the People Acts - Supreme Court noted that the challenge went to the root composition of the electoral college and not merely the conduct of elections - Controversy involved pure questions of constitutional and statutory interpretation without disputed facts - Statutory appellate mechanism under Section 27 of 1950 Act was illusory as the Electoral Registration Officer was also the appellate authority - Held - Existence of alternative remedy is a rule of discretion and does not bar writ jurisdiction when the remedy is ineffective or the issue is a pure question of law - Writ petitions were maintainable - [Paras 22-26].

Election Law - Finality of Electoral Rolls - Representation of the People Act 1951 - Section 100 - Appellants argued that once electoral roll is finalized it cannot be questioned in an election petition except on limited grounds - Supreme Court distinguished precedents dealing with ordinary mistakes or irregularities in electoral rolls - Court held that inclusion of constitutionally ineligible voters is void ab initio and affects the basic composition of the electoral college - Principle of finality ensures certainty but cannot override the Constitution or validate participation of ineligible persons - Held - Constitutional violations in electoral rolls can be challenged and remedied in collateral proceedings - [Paras 39-42].

Election Law - Secrecy of Ballot - Segregation of void votes - Appellants contended that segregating votes of nominated members violates ballot secrecy - Supreme Court held that ballot secrecy is not absolute and cannot sustain a constitutional illegality - Higher constitutional objective is preservation of free and fair elections and purity of electoral process - Returning Officer confirmed possibility of segregating void votes by comparing ballot papers counterfoils and marked copies of electoral rolls - Held - Direction for recount excluding void votes does not improperly invade individual voting preferences but is a necessary exercise to remove illegality - [Paras 45-46].

Decision: Appeals dismissed – Registry directed to transmit the sealed cover containing the recount report and the revised result to the Registrar General of the High Court of Karnataka forthwith – Respondent authorities directed to take appropriate steps as per the High Court order within 30 days.