Legal Services Authorities Act – Permanent Lok Adalats – The challenge was raised against the provisions allowing Permanent Lok Adalats to decide disputes on merits if conciliation fails, alleging these provisions are arbitrary and violate the right to a fair trial. The Supreme Court upheld the provisions, stating they aim to provide an affordable, speedy, and efficient mechanism to secure justice, particularly for public utility services. The Court emphasized that these mechanisms are in addition to and not in derogation of existing judicial forums [Paras 13-22, 27].

Jurisdiction and Procedure – Permanent Lok Adalats are designed to first attempt conciliation and, if it fails, to adjudicate disputes concerning public utility services without being bound by the Code of Civil Procedure and the Indian Evidence Act. This approach is intended to expedite dispute resolution while ensuring fairness and adherence to principles of natural justice. The Supreme Court found no merit in the argument that this framework undermines the rule of law or fairness [Paras 17-20, 29-31].

Finality of Awards – No Right of Appeal – The Court addressed concerns about the finality of awards by Permanent Lok Adalats and the absence of an appellate mechanism. It held that while the awards are final and binding, parties can still seek judicial review under Articles 226 and 227 of the Constitution, ensuring that no injustice goes unaddressed. This provision does not render the law unconstitutional [Paras 33, 37].

Decision – Writ Petition Dismissed – The Supreme Court dismissed the writ petition, upholding the validity of Sections 22-A to 22-E of the Legal Services Authorities Act, 1987, as amended, and confirming that they align with the constitutional mandate to provide access to justice [Paras 38].

Criminal Breach of Trust by Public Servant – The appellant, a Fair Price Shop dealer, was convicted under Section 409 IPC for misappropriating rice meant for distribution under the Food For Work Scheme (FFWS). The prosecution provided evidence of entrustment of property and the appellant's failure to account for 67.65 quintals of rice, leading to his conviction. The Supreme Court upheld the conviction and sentence, emphasizing the appellant's duty to maintain proper records and the severity of misappropriating essential commodities meant for public distribution [Paras 3, 7, 9, 10].

Entrustment and Dishonest Misappropriation – The Court analyzed the ingredients of Section 409 IPC, requiring proof of entrustment and dishonest misappropriation. It found the evidence, including testimonies of government officials and discrepancies in the appellant's records, sufficient to establish the offence. The appellant's contention that the evidence was solely from official witnesses without independent corroboration was rejected [Paras 7-9].

Sentence – No Leniency – The appellant's plea for leniency due to the passage of time since the offence was dismissed. The Court highlighted the importance of accountability for public servants entrusted with government property and the need for strict adherence to legal duties, particularly in distributing essential commodities. The sentence of six months' imprisonment and a fine of Rs. 1000 was deemed appropriate [Paras 11-12].

Decision – Appeal Dismissed – The Supreme Court dismissed the appeal, confirming the appellant's conviction and sentence. The Court revoked the order granting exemption from surrender, directing the appellant to surrender within four weeks to serve the remaining sentence [Paras 11-12].

Representing Advocates:

Mr. V. Giri, Senior Counsel for the Appellant

Mr. Mayur Shah, Counsel for the Respondent

Custodial Harassment – Human Dignity – The appellant, an Ayurvedic doctor and social activist, faced custodial harassment by the police, including being forced to hold a placard with self-condemning words and having his photograph circulated publicly. The Supreme Court underscored the importance of human dignity and condemned the inhumane treatment meted out to the appellant. The Court found the police actions to be a gross violation of Article 21, which guarantees the right to live with dignity [Paras 3, 6-7, 17, 19, 39-40].

Public Law Remedy – Compensation – The Supreme Court emphasized that compensation for violation of fundamental rights under Article 21 is a remedy available in public law, distinct from private law remedies for damages. The Court awarded Rs. 5 lakhs as compensation to the appellant, to be paid by the State of Chhattisgarh and recovered from the erring officers [Paras 41-46].

Decision – Appeal Allowed – The Supreme Court allowed the appeal, setting aside the High Court's direction to submit a representation and instead directly awarded compensation to the appellant for the violation of his fundamental rights [Paras 47].

Criminal Law – Appreciation of Evidence – The appeal questioned the credibility of the prosecution’s case due to alleged omissions and commissions by the investigating agency and discrepancies between medical and eyewitness evidence. The Supreme Court upheld the conviction, emphasizing the reliability of eyewitness accounts over contradictory medical reports. The Court criticized the investigating officer and medical officer for their irresponsible conduct, highlighting that deliberate dereliction of duty should not benefit the accused [Paras 9, 10, 13, 20-22, 29].

Role of Investigating and Medical Officers – The Court noted significant lapses by the investigating officer (PW6) and the medical officer (PW3), including the failure to send viscera for analysis and the preparation of an inaccurate post-mortem report. The Court underscored the duty of these officers to conduct investigations and post-mortems diligently and truthfully, condemning their actions as deliberate attempts to misdirect the investigation and favor the accused [Paras 16-20].

Expert Evidence – The Court stated that expert evidence must be cogent, reasoned, and consistent with other evidence. In this case, the post-mortem report was found to be inconsistent with the eyewitness testimonies and other circumstantial evidence. The Court emphasized that when expert evidence is contradictory or perfunctory, it should not override credible eyewitness accounts [Paras 29-34].

Decision – Appeal Dismissed – The Supreme Court dismissed the appeal, affirming the conviction and sentence. The Court also issued show cause notices to the Director General of Medical Health and the Director General of Police, Uttar Pradesh/Uttarakhand, directing them to take disciplinary action against PW3 and PW6 for their deliberate dereliction of duty and misconduct [Paras 38-39].

Drunken Driving – Criminal Liability – The respondent, Sanjeev Nanda, was involved in a motor accident causing the death of six persons while driving a BMW car in an intoxicated state. The trial court convicted him under Section 304 Part II IPC, sentencing him to five years of imprisonment. The High Court, however, reduced the conviction to Section 304A IPC, awarding a two-year sentence. The Supreme Court examined whether the conviction under Section 304A IPC was legally tenable considering the facts and circumstances of the case [Paras 1-3, 17-20].

Intoxication and Driving Without a License – The Court noted that the respondent was driving without a valid Indian license and was under the influence of alcohol, as evidenced by the medical report indicating 0.115% alcohol in his blood. The respondent's actions demonstrated a gross disregard for human life and safety, fitting the criteria for culpable homicide under Section 304 Part II IPC due to the knowledge of the likely fatal consequences [Paras 23, 24, 27, 73-77].

Aggravating and Mitigating Circumstances – The Court considered various factors, including the respondent's young age, lack of prior criminal record, and compensation paid to the victims' families. However, the severity of the offense, the number of fatalities, and the respondent's behavior in fleeing the scene without aiding the victims were significant aggravating factors that warranted a stricter sentence [Paras 42-45, 57-59, 84].

Decision – Conviction Upheld, Sentence Enhanced – The Supreme Court allowed the appeal, setting aside the High Court's judgment and restoring the trial court's conviction under Section 304 Part II IPC. The Court held the respondent guilty under Section 304 Part II IPC, maintaining the sentence awarded by the trial court. The Court emphasized that this decision was based on the specific facts of the case and should not be treated as a general precedent [Paras 45, 46].

SARFAESI Act – Jurisdiction of High Court – The Allahabad High Court's order was questioned on the ground that it issued directions affecting the appellants without notice or an opportunity of hearing. The Supreme Court held that the High Court should not have passed such orders without ensuring compliance with the principles of natural justice. The Court emphasized that any protective measures should have been accompanied by proper notices and hearings [Paras 6-8, 11].

Principles of Natural Justice – The Supreme Court highlighted the arbitrary nature of the High Court's practice of issuing directions without notice. The Court underscored the necessity of adhering to the principles of natural justice, stating that protective interim measures should be accompanied by proper notices to the affected parties [Para 11].

Decision – Appeals Allowed – The Supreme Court allowed the appeals, setting aside the High Court's order that restrained the appellants from alienating or encumbering the property. The Court directed that in future, such orders should be avoided to ensure justice and adherence to the principles of natural justice [Paras 13-14].

Representing Advocates:

Mukul Rohtagi, Nageshwar Rao, K.K. Venugopal, Ranjeet Kumar, Subramonium Prasad, Varun Tandon, Suresh Dobhar, Rahul Tyagi, and Ruchi Kohli for the Appellant

Chetan Sharma, Sameer Vashisht, Kanika Singh, and Ashok Mathur for the Respondent

Criminal Law – Murder Conviction – Appellants convicted under Sections 302/149 IPC for the murder of Bhimappa Biradar – Trial court acquitted some accused but convicted others – High Court reversed acquittal and upheld the convictions – Supreme Court confirmed convictions, holding that all appellants participated in the unlawful assembly with common object to kill the deceased [Paras 1-25].

Unlawful Assembly – Common Object – Applicability of Section 149 IPC – Court emphasized that once membership of unlawful assembly is established, each member is vicariously liable for actions of others – Court found substantial evidence that appellants shared common object to commit murder, thereby attracting Section 149 IPC [Paras 20-22].

Witness Testimony – Reliability – Eyewitness accounts consistently corroborated each other regarding participation of all accused in the crime – Court dismissed arguments of inconsistencies in witness statements as minor and not affecting the overall credibility [Paras 15-19].

Delay in FIR – Explained and Justified – Delay due to travel distance to police station and absence of SI at the station – Court accepted explanation, finding no manipulation in FIR filing [Paras 24-25].

Decision – Appeals dismissed – Convictions and sentences of all appellants upheld by the Supreme Court [Para 25].

Criminal Law – Conviction under Prevention of Corruption Act – Appellant Syed Ahmed, a police officer, convicted for demanding and accepting illegal gratification – Trial Court acquitted him but High Court reversed acquittal and convicted – Supreme Court upheld conviction, emphasizing reliable witness testimony and compliance with procedural requirements under the Prevention of Corruption Act [Paras 1-48].

Illegal Gratification – Demand and Acceptance – Clear and unshaken testimony of complainant and corroborative evidence of an independent witness established demand and acceptance of illegal gratification by appellant – Court rejected arguments regarding minor discrepancies and procedural errors, affirming core prosecution evidence [Paras 29-31, 44-45].

Witness Credibility – Minor inconsistencies in witness statements regarding attire of appellant at the time of incident deemed irrelevant – Supreme Court emphasized focus on core issue of demand and acceptance of bribe, not on trivial discrepancies [Paras 39-44].

Delay and Motivation – Court found no merit in arguments of motivated false complaint and delay in FIR filing – Established that complaint was based on concrete evidence of illegal demand and acceptance [Paras 35-38].

Quantum of Sentence – High Court erred in awarding sentence of three months rigorous imprisonment instead of minimum one year as prescribed under Section 13(2) of the Act – However, Supreme Court refrained from altering sentence due to lapse of time and absence of State's appeal on sentence [Paras 46-47].

Decision – Appeal dismissed – Conviction and sentence affirmed by Supreme Court [Para 48].

Workmen's Compensation – Interest on Compensation – The primary question was when compensation under the Workmen's Compensation Act becomes due and the corresponding point in time from which interest is payable. The Supreme Court upheld the decision directing the payment of interest from the date of the accident, affirming that compensation becomes due immediately when personal injury is caused to a workman by an accident arising out of and in the course of employment [Paras 2-8].

Interest – Commencement Date – Compensation under Section 4 of the Act falls due on the date of the accident, and interest under Section 4A(3) is payable from one month after the accident. The Supreme Court clarified that no further adjudication is required to establish the due date for the commencement of interest [Paras 7-8].

Penalty for Delay – Interest is a consequence of default in payment and does not require a finding of unjustified delay. However, for penalty under Section 4A(3)(b), the Commissioner must find the delay to be unjustified and provide the employer an opportunity to show cause [Para 7].

Binding Precedents – The Court emphasized adherence to earlier larger Bench decisions, overruling contrary views expressed in later two-Judge Bench decisions, reaffirming the principle that compensation is due from the date of the accident and interest accrues from one month after that date [Paras 8-12].

Decision – Appeal dismissed – The Court affirmed the decision of the Commissioner for Workmen's Compensation and the Kerala High Court, awarding interest from the date of the accident. Costs were imposed on the appellant [Para 13].