Landlord-Tenant Dispute – Eviction – Personal Necessity – Jurisdiction of High Court under Articles 226 and 227 of the Constitution of India – Appeal against the High Court's order setting aside the Appellate Court's decision granting eviction of tenants – High Court's jurisdiction under Articles 226 and 227 limited to correcting errors apparent on the face of the record – High Court cannot interfere with findings of fact unless there is a substantial question of law – Appellate Court's finding of bona fide requirement of landlord upheld – High Court's interference unjustified – High Court's judgment set aside – Appellate Court's order restored. [Paras 6-12]

Role of High Court in Reviewing Factual Findings – Analysis – Held – High Court erred in setting aside the factual findings of the Appellate Court regarding the landlord's bona fide need – No substantial question of law presented – Jurisdiction under Articles 226 and 227 does not extend to re-evaluation of evidence unless a clear error is shown. [Paras 10-12]

Decision – Restoration of Appellate Court's Order – The Supreme Court allows the appeal, setting aside the High Court's judgment and restoring the Appellate Court's order that granted eviction of the tenants, affirming the landlord's bona fide requirement of the premises. [Para 12]

Civil Law - Adjustment of Deposits by Judgment Debtor - Civil Appeal against High Court decision on adjustment of deposits towards principal or interest – Appellants awarded compensation with interest for road accident – Respondent Insurance Company deposited amounts claiming full satisfaction of award – Dispute on whether deposits to be adjusted first towards interest or principal – Supreme Court holds deposits to be adjusted first towards interest and costs, then principal – Appeals allowed, High Court judgment set aside.

Interpretation of Order 21 Rule 1 CPC - Analysis - Held - Appropriation of payments made by the judgment debtor to be applied first towards interest and costs, and then towards the principal amount due – Rule 472 of Andhra Pradesh Motor Vehicles Rules, 1989, treating the award as a money decree, justifies following this principle – High Court misinterpreted the provisions and relevant judgments – Judicial discipline mandates adherence to Supreme Court precedents under Article 141 of the Constitution.

Interest on Interest - Prohibition - Analysis - Held - Section 3(3) of the Interest Act, 1978, does not allow interest on interest – However, deposits must be adjusted towards interest and costs before principal to avoid unjust enrichment of the judgment debtor – Execution of decrees requires compliance with established norms of payment prioritization.

Decision:

Appeal allowed. The judgment of the Andhra Pradesh High Court is set aside, and the order of the Executing Court is restored, directing that the amounts deposited by the Respondent Insurance Company be adjusted first towards interest and costs, and then towards the principal amount due.

Constitutional Law - Validity of Awarding Bonus Marks Based on Domicile -The Supreme Court considered the constitutionality of awarding bonus marks to candidates based on domicile status for appointments as primary school teachers. The Court affirmed the view that such a practice was unconstitutional unless supported by scientific studies justifying it. The doctrine of prospective overruling was invoked, limiting the effect of this declaration to future selections, thereby protecting past appointments up to 17th November 1999. [Paras 3-16]

Prospective Overruling - Scope and Application -The Court applied the doctrine of prospective overruling to protect past appointments, emphasizing that candidates who had already been appointed based on the unconstitutional awarding of bonus marks should not be disturbed. Future appointments were to be made without the bonus marks, ensuring adherence to the principle of equality. [Paras 17-20]

Appointments Based on Fraud and Misrepresentation - Judicial Review -The Supreme Court upheld the termination of services of candidates who obtained appointments through fraudulent means. The Court clarified that the directions issued in Kailash Chand Sharma’s case were not meant to benefit candidates who filed writ petitions belatedly or who secured appointments through misrepresentation. [Paras 21-23]

One-Time Age Relaxation for Re-Employment - Humanitarian Consideration -Acknowledging the decade-long service of some terminated teachers and their resultant lack of alternative employment opportunities, the Court granted a one-time age relaxation for these candidates to participate in the next selection process, subject to the outcome of any criminal cases pending against them. This was done to balance the strict application of the law with compassionate considerations. [Paras 26-27]

Decision - Appeals Disposed of -The Supreme Court dismissed the appeals, affirming the High Court’s decisions, but provided a one-time relaxation of the upper age limit for the terminated teachers to reapply in future recruitment processes. The appointments were subject to any findings in the pending criminal cases. The Court emphasized that fraudulent appointments should be terminated and such individuals should not be regularized. [Paras 23-27]

Educational Qualifications – Recognition – Distance Education –

Civil Appeals challenging the High Court’s decision upholding the rejection of candidates for librarian positions based on degrees obtained via distance education from Alagappa University. High Court had held that these degrees were not recognized at the time of selection. Supreme Court held that since the selection process continued beyond the date of post facto recognition, candidates should be considered eligible. The court mandated consideration for appointment based on inter se merit.

Held:

1. Eligibility of Distance Education Degrees – Degrees in library science obtained from Alagappa University through distance education mode were granted ex post facto recognition by the DEC effective from 1995. The selection process extended beyond the date of this recognition. Therefore, such degrees should be recognized for eligibility purposes. [Paras 13-15]

2. Selection Process Delay – The selection process for librarian positions was unduly prolonged, extending from 2008 to 2012. This delay necessitated a liberal application of rules regarding eligibility to prevent injustice. [Paras 14-15]

3. Consideration for Appointment – Directed the Respondents to consider the appellants for appointment against the available librarian vacancies based on their inter se merit vis-a-vis other candidates. The process was to be completed within two months. [Para 16]

Decision: The appeals were allowed, and the High Court’s order was set aside. The respondents were directed to consider the appellants for appointments within two months based on their eligibility and merit.

Constitutional Law - Commutation of Death Sentence - Curative Petition - Death sentence challenged on grounds of inordinate delay and mental illness - Supreme Court in Shatrughan Chauhan v. Union of India held unexplained delay in disposal of mercy petitions as a ground for commutation to life imprisonment - Petitioner (Navneet Kaur) argued delay of 8 years in disposal of Bhullar's mercy petition and his severe mental illness warranted commutation - Supreme Court held ratio in Devender Pal Singh Bhullar v. State of NCT of Delhi per incuriam - Principles in Shatrughan Chauhan applied - Death sentence commuted to life imprisonment. [Paras 1-14]

Delay in Disposal of Mercy Petition - Held - Unexplained delay of 8 years in deciding mercy petition a supervening circumstance - Such delay applies to all cases, including TADA offences - Supreme Court finds the delay unreasonable and unexplained - Bhullar's death sentence commuted. [Paras 1-14]

Mental Illness as Ground for Commutation - Report by Institute of Human Behaviour and Allied Sciences indicated severe depression and other psychiatric illnesses - Mental illness recognized as a supervening circumstance in Shatrughan Chauhan - Supreme Court held Bhullar cannot be executed due to his health condition - Commutation granted. [Paras 12-14]

Decision - Curative Petition Allowed - Death sentence of Devender Pal Singh Bhullar commuted to life imprisonment due to inordinate delay and mental illness. [Para 14]

Arbitration - Appointment of Third Arbitrator – International Commercial Arbitration – Petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeking appointment of the third arbitrator – Dispute arising from Production Sharing Contract (PSC) under New Exploration and Licensing Policy (NELP) – Respondent contended that no dispute existed, and the appointment of a foreign arbitrator was unnecessary – Held that arbitration was an international commercial arbitration due to the involvement of foreign parties – Chief Justice or his nominee empowered to appoint a third arbitrator of a neutral nationality under Section 11(9) of the Arbitration Act – Appointment of Honourable James Spigelman AC QC, former Chief Justice and Lieutenant Governor of New South Wales, Australia, as the third arbitrator. [Paras 1-84]

International Arbitration - Neutrality and Nationality of Arbitrator – Analysis – Emphasized importance of appointing an arbitrator of a different nationality than the parties to ensure neutrality, impartiality, and independence – Cited principles from UNCITRAL Model Law and Arbitration Rules supporting appointment of neutral arbitrators – Affirmed that neutrality is crucial in international arbitration and is a recognized practice. [Para 59-74]

Decision - Appointment of Third Arbitrator – Appointment made by the Supreme Court due to the inability of the two nominated arbitrators to agree on the third arbitrator – Appointed a neutral arbitrator not listed by the parties to ensure impartiality – Directed the Arbitral Tribunal to expedite proceedings. [Paras 80-82]

Constitutional Law – Pension Entitlement for High Court Judges – Petition filed by former Judges elevated from the Bar, challenging the discriminatory pension provisions which did not consider years practiced as an advocate towards pension – Held that denial of such addition violates Articles 14 and 16(1) – Directed that 10 years of practice be added to the service of Judges for the purposes of pension calculation – Court observed that differential treatment between Judges elevated from the Bar and those from subordinate judiciary is arbitrary and unconstitutional. [Paras 1-29]

Judicial Service – Post-Retirement Benefits – Appeal concerning the order of the High Court of Rajasthan directing the State to provide monthly financial benefits for domestic help and other expenses to retired Chief Justices and Judges – Supreme Court upheld the order with modifications – Recommended all States to implement similar schemes within six months. [Paras 30-35]

Decision – Addition of 10 Years Practice for Pension Calculation – Supreme Court allowed the addition of 10 years of practice as an advocate for High Court Judges elevated from the Bar for pension purposes – Directed requisite amendments in the High Court Judges Rules, 1956, analogous to those made in the Supreme Court Judges Rules, 1959 – Appeals and writ petitions disposed of accordingly. [Paras 29, 35]

Waqf Law - Jurisdiction of Civil Court vs. Waqf Tribunal – Civil Appeal against the High Court's order upholding the Waqf Tribunal's jurisdiction to try a suit for eviction – Appellant, tenant in waqf property, challenged the Waqf Tribunal's jurisdiction – Supreme Court held that eviction suits against tenants of waqf property are triable by civil courts and not by Waqf Tribunals – Jurisdiction of civil courts not excluded by Sections 6 and 7 of the Waqf Act for eviction suits – Order of Waqf Tribunal directing transfer of plaint to civil court restored – Appeals allowed. [Paras 1-19]

Exclusive Jurisdiction of Waqf Tribunal – Interpretation – Held – Sections 6 and 7 of the Waqf Act confer exclusive jurisdiction on Waqf Tribunals for specific disputes regarding waqf properties, such as determining whether a property is waqf or if a waqf is Shia or Sunni – Eviction suits do not fall within these specific disputes – Civil courts retain jurisdiction over eviction suits. [Para 17]

Decision – Jurisdiction of Civil Court in Eviction Suits – Supreme Court set aside the Waqf Tribunal's order of recalling the plaint and restored its initial order transferring the plaint to civil court – High Court's dismissal of revisions against Waqf Tribunal's orders reversed – Civil appeals allowed with no order as to costs. [Paras 18-19]

Criminal Law – Sanction for Prosecution – Validity and Interference – Criminal appeals against High Court orders quashing proceedings under the Prevention of Corruption Act, 1988, due to sanction being granted by the Law Department instead of the parent department – Supreme Court emphasized that sanction errors, omissions, or irregularities do not invalidate proceedings unless a failure of justice has occurred – High Court's orders lacked findings on failure of justice and prematurely evaluated the validity of sanction – Held that criminal proceedings should not be nullified mid-course without determining failure of justice – Appeals allowed, orders set aside, proceedings to continue expeditiously. [Paras 1-12]

Requirement of Sanction – Analysis – Held – Object of sanction is to prevent frivolous prosecutions and to ensure public servants can discharge duties effectively – Error in sanction not fatal unless resulting in failure of justice – High Court's determination of mechanical sanction issuance premature – Proper stage for evaluating sanction validity is post-evidence. [Paras 5-11]

Decision – Continuation of Criminal Proceedings – Supreme Court set aside High Court orders quashing criminal proceedings against respondents – Directed that trials proceed without delay. [Para 12]