Arbitration Law - Arbitration Agreement - Construction and Interpretation – Civil Appeals against the High Court's decision appointing an arbitrator under Section 11(5) and (6) of the Arbitration and Conciliation Act, 1996 – Clause 48 of the contract was analyzed to determine if it constituted an arbitration agreement – Supreme Court held that Clause 48 does not indicate any intention of the parties to refer disputes to arbitration – The clause emphasized the role of the engineer's decision during the performance of the contract, which was binding until completion of the works – Clause 4.1 of the agreement specified disputes to be decided by a competent court at Bangalore – Held that there was no arbitration clause in the agreement – Appeals allowed. [Paras 1-25]

Intention of Parties – Arbitration Clause – Interpretation – Held – Clause 48 analyzed under Section 7 of the Arbitration and Conciliation Act, 1996 – The clause did not provide for an arbitration mechanism or an intention to arbitrate – The engineer's decision was administrative and binding only until work completion, not for dispute resolution – Clause 4.1 explicitly referred disputes to a competent court, indicating judicial rather than arbitral resolution. [Paras 22-24]

Decision – No Arbitration Agreement – Court quashes the High Court's order appointing an arbitrator – Appeals allowed due to the absence of an arbitration agreement as per the contract clauses. [Para 25]

Criminal Law - Consent in Rape Cases – Criminal appeal against concurrent convictions under Section 376 IPC – High Court reduced sentence but upheld conviction – Supreme Court evaluates the concept of consent and whether the prosecutrix was misled by the appellant's marital status – Court examines the credibility and reliability of prosecutrix's testimony and other evidence – Held that the prosecutrix was aware of appellant's marital status and entered the relationship with full knowledge, thus negating the allegation of rape. [Paras 1-12]

Role of Evidence in Consent – Analysis – Held – critical examination of evidence, including testimonies of prosecutrix and other key witnesses, reveals that there was no misrepresentation or fraudulent inducement by the appellant – Noted that the prosecutrix displayed mental maturity and awareness of the circumstances surrounding their relationship. [Para 9]

Decision – Conviction under Section 376 IPC Set Aside – Supreme Court sets aside the conviction of the appellant, directing his immediate release – Highlights the necessity of proving guilt beyond reasonable doubt in rape cases, emphasizing consensual nature of the relationship between the parties. [Paras 10-12]

Arbitration Law - Jurisdiction of State Commission – Arbitration and Conciliation Act, 1996 – Electricity Act, 2003 – State Commission’s discretion in disputes involving licensees and generating companies – Held, Section 86(1)(f) of the Electricity Act, 2003, overrides Section 11 of the Arbitration and Conciliation Act, 1996 – State Commission has the discretion to adjudicate disputes itself or refer them to arbitration – Special provision prevails over the general law – Appeal dismissed. [Paras 26-27, 39-40]

Arbitration Law – Application of Limitation Act – Arbitration and Conciliation Act, 1996 – Section 2(4), 43 – Electricity Act, 2003 – Limitation Act not applicable to State Commission proceedings – Claims not time-barred due to "First In, First Out" (FIFO) method of payment adjustment – Specific exclusion of Limitation Act under the PPA – Appeal dismissed. [Paras 48-50, 53]

Electricity Law – Jurisdiction and Composition of State Commission – Adjudicatory power – Requirement of Judicial Members – Held, State Commission exercising judicial functions should ideally have judicial members – Current case did not suffer from the absence of judicial members as Appellant voluntarily submitted to jurisdiction – Future appointments should consider inclusion of judicial members – Appeal dismissed. [Paras 34-35, 42-47]

Contract Law – PPA Disputes – FIFO Method of Payment Adjustment – Rebate Claims – Indian Contract Act, 1872 – Sections 59, 60, 61 – Held, FIFO method justified and communicated to Appellant – Full payment required for rebate eligibility – State Commission and APTEL's findings upheld – Appeal dismissed. [Paras 23, 53-54]

Decision- The appeal is dismissed. The court upholds the orders of the State Commission and the Appellate Tribunal for Electricity (APTEL). The State Commission’s jurisdiction and its findings on rebate claims, FIFO payment adjustments, and the applicability of the Limitation Act are affirmed. The State Commission’s future composition should consider the inclusion of judicial members.

Educational Institutions - Termination of Service - Challenge to the selection process and appointments by the University - Multiple complaints and writ petitions led to the formation of a one-member committee (Justice Dhabe Committee) to investigate the allegations of irregularities in the selection process - Inquiry revealed numerous illegalities and malpractices, leading to the decision to terminate appointments - Appellants challenged the inquiry findings and the procedure of termination on grounds of natural justice and authority of the Chancellor - Supreme Court upheld the findings of the inquiry and dismissed the appeals.

University Administration - Inquiry into Irregularities - Powers of the Chancellor - Validity of the Chancellor's decision to appoint an inquiry committee to investigate the selection process - Supreme Court confirmed that the Chancellor had the authority under Section 11 of the Maharashtra Agricultural Universities (Krishi Vidyapeeths) Act, 1983 to direct such an inquiry - Rejected the argument that principles of natural justice were not followed, noting that the appellants had participated in the inquiry and were given opportunities to present their defense. [Paras 13-17]

Natural Justice - Compliance in Inquiry - Petitioners were notified and given opportunities to participate in the inquiry process, submit affidavits, and provide evidence - Supreme Court found no violation of natural justice principles as the petitioners had sufficient notice and opportunity to defend themselves. [Paras 18-22]

Judicial Review - Interference with Findings of Fact - Inquiry findings by Justice Dhabe Committee were based on substantial evidence and approved by the Executive Council - Supreme Court emphasized limited scope of interference with factual findings of duly constituted inquiry bodies, reaffirming that the conclusions of widespread irregularities justified the actions taken. [Paras 19-20]

Decision - Dismissal of Appeals - Supreme Court dismissed the appeals, directing the university to complete the selection process for the resultant vacancies within six months, allowing appellants to participate with age relaxation. Interim continuation in service for appellants until the completion of the selection process. [Paras 23-26]

Constitutional Law - Service Conditions - Retirement Age - Civil appeal challenging High Court's decision in favor of Respondent No. 1, who was forced to retire at 55 under Rajasthan Service Rules, 1951 - Respondent was originally under Central Civil Service Regulations prescribing retirement at 58 years - High Court ruled option exercised under Rajasthan Services (Protection of Service Conditions) Rules, 1957 allowed Respondent to be governed by Central Civil Service Regulations, including subsequent amendments - Appeal dismissed, affirming High Court's decision.

Rajasthan Services (Protection of Service Conditions) Rules, 1957 - Rule 11 - Scope of Option - Option exercised under Rule 11 by Respondent was comprehensive, encompassing all aspects of leave and pension rules, including retirement age - Held, option not limited to conditions existing on appointed day but included future amendments - Respondent entitled to retirement age of 58 years as per amended regulations.

State Reorganisation Act, 1956 - Section 115(7) - Protection of Service Conditions - Proviso to Section 115(7) protects conditions of service existing immediately before appointed day from being varied to employee's disadvantage without Central Government's approval - Held, State's rule allowing option to be governed by Central Regulations included subsequent amendments - Respondent's superannuation at 55 years under State rules invalid.

Decision - Appeal Dismissed - Supreme Court dismisses appeal, upholding High Court's ruling that Respondent No. 1 was entitled to retire at 58 years as per Central Civil Service Regulations, with all consequent benefits - Finds State's contention limiting option under Rule 11 to conditions existing on appointed day without merit - No costs awarded.

Criminal Law - Conviction for Murder - Appeal against High Court order upholding conviction under Section 302 IPC - Incident arising from a familial dispute where the deceased had an illicit affair with the daughter of one of the accused - Incident occurring on sudden provocation - Supreme Court modifies the conviction to Section 304 Part I IPC - Held, absence of premeditation and presence of sudden provocation brought the case under First Exception to Section 300 IPC - Conviction under Section 302 IPC set aside - Conviction under Section 304 Part I IPC imposed with a sentence of seven years rigorous imprisonment. [Paras 1-11]

Sudden Provocation - Analysis - Held - Relationship between the deceased and the daughter of the accused caused sudden provocation leading to the assault - Incident occurred at night with the deceased being found in the house of the accused - Actions not premeditated but reactionary to the situation - Falls under First Exception to Section 300 IPC - Cited similar cases to substantiate decision. [Para 8]

Decision – Appeal Allowed - Modification of Conviction and Sentence - Conviction under Section 302 IPC quashed - Appellants convicted under Section 304 Part I IPC - Sentenced to seven years rigorous imprisonment - Acknowledged the advanced age of the appellants while determining sentence. [Para 10-11]

Criminal Law – Right of tenants under SARFAESI Act – Appeals against High Court orders enforcing possession under SARFAESI – Appellants claim to be tenants of mortgaged premises under valid leases – SARFAESI Act does not extinguish tenant’s rights without lawful determination of lease – Chief Metropolitan Magistrate’s power under Section 14 limited to non-leasehold possession – Valid leases prior to mortgage or in compliance with Section 65A of Transfer of Property Act, 1882 protected – High Court orders and Magistrate’s decisions to be re-examined. [Paras 11-25]

Right of tenants under valid leases – Analysis – Tenants under valid leases created before the receipt of notice under Section 13(2) of SARFAESI Act are protected – Section 14 does not authorize dispossession of such tenants – Valid leasehold possession is a constitutional right under Article 300A – Affidavit by secured creditor in application under Section 14 must affirm non-existence of valid lease. [Paras 15-18]

Remedies for tenants – Held – Tenants in lawful possession under valid leases can resist dispossession by producing lease proof – Authorized officer cannot forcibly evict – Must apply to Chief Metropolitan Magistrate or District Magistrate for possession – Magistrate to provide hearing and consider validity of lease under Section 65A and Section 111 of Transfer of Property Act – Magistrate’s decision challengeable under Articles 226 and 227 – Debt Recovery Tribunal under Section 17 lacks authority to restore possession to tenants. [Paras 21-24]

Decision – Remand and directives – Chief Metropolitan Magistrate’s orders under Section 14 set aside – Matters remitted for fresh consideration – Secured creditor applications pending under Section 14 to be decided in accordance with this judgment – No injunctions from civil courts on actions under SARFAESI Act – Directions for hearing and final orders within four months. [Paras 28(i)-(v)]

Criminal Law - Summoning of Accused - Section 319 CrPC - Criminal appeal against High Court order upholding the summoning of the appellant to face trial based on a note written by the deceased. The note expressed apprehension of death at the hands of the appellant, but did not relate to the cause of death or any circumstance of the transaction resulting in the death - Supreme Court held that the note was inadmissible under Section 32 of the Evidence Act as it did not meet the criteria for a dying declaration - The power under Section 319 CrPC is discretionary and requires stronger evidence than mere probability - Appeal allowed, summoning order set aside. [Paras 1-23]

Evidence - Admissibility of Dying Declaration - Section 32 of Evidence Act - Analysis of whether a note expressing mere apprehension of death can be considered a dying declaration - Held - Such a note does not relate to the cause of death or the circumstances of the transaction leading to death - Not admissible as evidence under Section 32 - Reference to legal precedents and interpretation of "circumstances of transaction" - Supreme Court reiterates necessity of proximate relation to the actual occurrence of death for admissibility. [Paras 13-18]

Decision - Setting Aside Summoning Order - Court sets aside the order summoning the appellant to face trial, finding no prima facie evidence of complicity in the crime - Affirms the requirement for strong and cogent evidence for invoking Section 319 CrPC - Appeal allowed, High Court and trial court orders reversed. [Para 21-23]

Administrative Law - Recruitment Process - Changes in Criteria During Selection Process - Civil Appeal against the High Court order upholding the Central Administrative Tribunal's decision to quash appointments due to arbitrary changes in the recruitment process - Written examination marks and interview marks were equal, which was impermissible under the rules - Supreme Court emphasized strict adherence to established rules and transparency in the recruitment process - Appeals dismissed. [Paras 1-20]

Recruitment Process - Equal Marks for Written and Interview - Analysis - Held - Marks for written examination and interview must not be equal where not prescribed - Equal marks for both stages and the manner of awarding marks indicated lack of transparency and arbitrariness - Deviation from prescribed rules without transparency results in unfair selection. [Para 12, 20]

Decision - Continuation from Vitiated Point - Court upheld the High Court’s decision to continue the recruitment process from the point it stood vitiated - Fresh recruitment process ordered due to arbitrariness in the selection process - Appeals dismissed with no costs. [Para 20]