Criminal Law - Quashing of FIR - Jurisdiction - Criminal appeal against the High Court order quashing the FIR on the basis of jurisdiction following the bifurcation of the State of Bihar and the creation of the State of Jharkhand - High Court held that post-bifurcation, the State of Bihar lacked jurisdiction to investigate and prosecute the IAS officer, now allocated to Jharkhand - Supreme Court held that the alleged offenses occurred in Bihar before the bifurcation, granting Bihar jurisdiction - Reorganisation Act and subsequent circulars considered, found inapplicable to the quashing of FIR based on pre-bifurcation acts - Appeal dismissed. [Paras 1-32]

Reorganisation Act and Vigilance Inquiry - Analysis - Held - Vigilance inquiry against the IAS officer, initiated by the State of Bihar, remained valid as it was based on actions occurring before the bifurcation - Circulars and clarifications issued post-bifurcation pertained to departmental inquiries, not FIR lodging or criminal proceedings - Section 76 and Section 89 of the Reorganisation Act do not impact jurisdiction over offenses committed pre-bifurcation. [Paras 14-25]

Competence to Lodge FIR - Held - FIR lodged by Bihar Vigilance Investigation Bureau against the IAS officer for offenses committed while serving in unified Bihar stands maintainable - Clarifications related to disciplinary proceedings post-bifurcation do not annul jurisdiction over pre-bifurcation criminal acts - High Court erred in quashing the FIR based on jurisdictional grounds. [Paras 24-25]

Decision - Dismissal of Appeal - Supreme Court upholds the quashing of the FIR by the High Court due to the lapse in completing the vigilance inquiry within the court-stipulated period - Procedural lapses and non-compliance with court orders render the FIR unsustainable - Appeal dismissed. [Paras 31-32]

Consumer Law - Definition and Scope of "Consumer" - Interpretation - Civil Appeal against NCDRC decision dismissing the complaint for deficiency in service - Appeals focus on whether Universities investing in UTI schemes qualify as "consumers" under Section 2(1)(d) of the Consumer Protection Act, 1986 - Supreme Court holds that investments made for non-commercial purposes, such as welfare and provident funds for employees, do not constitute "commercial purpose" - Universities deemed consumers and complaints maintainable. [Paras 1-21]

Commercial Purpose - Distinction and Interpretation - Civil Appeals by Punjab University and Punjab Agriculture University against NCDRC dismissal - Investments made by Universities in IISFUS-98 to generate funds for employee benefits - Held, such investments do not constitute a commercial purpose - NCDRC erred in its interpretation of "commercial purpose" - Supreme Court clarifies that activities aimed at welfare, not profit, fall under consumer protection. [Paras 17-20]

Deficiency of Service - Evaluation of Claim - NCDRC dismissed claims on merits, interpreting terms of offer document of IISFUS-98 - Supreme Court reviews terms and conditions - Finds that UTI adhered to scheme provisions, guaranteeing capital protection at par value - Maturity amounts subject to market risks - No deficiency in service established - Complaints dismissed on merits. [Paras 22-23]

Decision - Maintainability and Merits of Complaint - Supreme Court upholds NCDRC's dismissal of complaints on merits - Confirms Universities' status as consumers under Consumer Protection Act - Civil Appeal No. 400 of 2007 dismissed - Civil Appeal Nos. 503 of 2008 and 4664 of 2009 disposed of accordingly. [Para 24]

Criminal Law - Conviction based on Circumstantial Evidence – Criminal Appeal against conviction under Section 302 IPC – Accused convicted for murdering his wife – Prosecution case based on circumstantial evidence including frequent quarrels between accused and deceased, presence of accused at the scene, and recovery of murder weapon (Kulhari) at the instance of accused – High Court upheld conviction – Supreme Court held that chain of circumstantial evidence was complete and pointed unequivocally to the guilt of the accused – Appeal dismissed. [Paras 1-27]

Role of Circumstantial Evidence – Analysis – Held – Circumstantial evidence including testimony of witnesses about frequent quarrels, accused's presence at home during the night of murder, and recovery of the weapon used in the crime – Conduct of the accused post-crime and inability to explain whereabouts during the murder further corroborated guilt. [Para 18-21]

Decision – Conviction and Sentence Upheld – Court upheld the life imprisonment sentence, affirming that the prosecution successfully proved the guilt of the accused beyond a reasonable doubt through a complete chain of circumstantial evidence – Appeal dismissed. [Para 27]

Criminal Law – Evidence – Reliability of Witness Testimonies – Appeal against conviction for murder – Prosecution's case primarily based on testimonies of family members of the deceased, who claimed to be eyewitnesses – Statements given after significant delay, containing inconsistencies and contradictions – High Court dismissed the appeal relying on these testimonies despite observed discrepancies – Supreme Court finds testimonies unreliable due to delayed and contradictory statements. [Paras 4-13]

Defective Investigation – Impact on Prosecution Case – Marg Intimation Report and early investigation not properly conducted – Non-examination of key investigative officers – Defective and tainted investigation by police – High Court acknowledged but minimized impact of defective investigation – Supreme Court holds that defective investigation seriously undermined the credibility of prosecution case. [Paras 18-19]

Medical Evidence – Cause of Death – Post-mortem report indicated death by strangulation (Asphyxia) – Medical expert's opinion confirmed cause of death – However, lack of consistent and corroborative eyewitness accounts weakened the link between accused and the crime. [Paras 7-8]

Decision – Benefit of Doubt – Supreme Court, on independent analysis, finds prosecution failed to prove guilt beyond reasonable doubt – Inconsistencies in witness testimonies, delayed statements, and defective investigation considered – Conviction and sentence set aside – Appeal allowed – Accused to be released forthwith unless required in any other case. [Paras 19-20]

Criminal Law – Dowry Death – Presumption and Evidence – Criminal Appeal against High Court’s acquittal – The Supreme Court examined the evidence and held that the prosecution had successfully proved the essential ingredients for dowry death under Section 304B IPC. The High Court erred in disbelieving the evidence of prosecution witnesses without cogent reasons. The demand for dowry and the cruelty meted out to the deceased was established beyond a reasonable doubt. Held, the accused were guilty of dowry death and cruelty under Sections 304B and 498A IPC. The acquittal by the High Court was set aside, and the conviction by the Trial Court was restored, except for the charge under Section 306 IPC. [Paras 1-34]

Presumption in Dowry Death – Analysis – The Court reiterated the legal presumption under Section 113B of the Evidence Act, which arises when a woman dies an unnatural death within seven years of marriage and is subjected to cruelty for dowry soon before her death. In this case, all conditions for the presumption of dowry death were fulfilled. The testimonies of witnesses corroborated the consistent demand for dowry and the resulting cruelty. The High Court's failure to appreciate these aspects led to an erroneous acquittal. [Para 24-32]

Decision – Conviction for Dowry Death and Cruelty – The Court upheld the conviction of the accused under Sections 498A and 304B IPC while acquitting them of the charge under Section 306 IPC due to lack of evidence for abetment to suicide. The High Court’s judgment was set aside, and the Trial Court’s judgment was restored. The accused were ordered to be taken into custody to serve the remainder of their sentences. [Paras 33-36]

Constitutional Law - Recovery of Excess Payments - Legal Principle - Government's authority to recover excess payments made to employees due to erroneous pay fixation - Examination of apparent conflict between decisions in Shyam Babu Verma and Others v. Union of India and Others and Sahib Ram v. State of Haryana and Others, versus Chandi Prasad Uniyal and Others v. State of Uttarakhand and Others - Held that there is no conflict in the legal principles when understood in the context of Articles 136 and 142 of the Constitution. [Paras 1-12]

Recovery from Pensionary Benefits - Jurisprudence - Supreme Court clarifies that recoveries are permissible when excess payments are made by mistake, barring exceptional cases of extreme hardship - Decisions under Article 142 do not constitute binding precedents under Article 141 but are equitable in nature. [Para 7-12]

Decision - Reference Unnecessary - Supreme Court determines that the reference to a larger bench was unnecessary as there was no actual conflict in legal principles - Cases sent back to the Division Bench for appropriate disposal without answering the reference. [Para 13]

Criminal Law - Quashing of Complaint - Summoning Order - Appellant challenged High Court order quashing the summons against the company but sustaining it against him, the Managing Director - Complaint under Sections 138 and 141 of the Negotiable Instruments Act for dishonor of cheques - High Court quashed summons against the company on grounds of limitation but upheld against the appellant - Supreme Court set aside High Court's decision regarding the appellant based on the precedent set in Aneeta Hada case - Held, proceedings against the appellant cannot continue in absence of the company being a party to the proceedings - Summons and proceedings against the appellant quashed. [Paras 1-16]

Role of Company and Director - Vicarious Liability - Analysis - Supreme Court reiterated that vicarious liability of directors under Section 141 of NI Act can only be invoked when the company is prosecuted - Not prosecuting the company results in the collapse of the complaint against the directors - Overruled the High Court's reliance on Anil Hada case, which has been partly overruled by the Supreme Court in Aneeta Hada case. [Para 14-15]

Decision - Appeal Allowed - Supreme Court set aside the High Court's order sustaining the summons and proceedings against the appellant - Quashed the criminal complaint and proceedings against the appellant. [Para 16]

Constitutional Law - Parallel Judicial System - Petitioner's Allegations – Writ Petition filed under Article 32 of the Constitution challenging the activities of the All India Muslim Personal Law Board and the establishment of Dar-ul-Qazas and issuance of Fatwas. Petitioner alleged that these bodies were functioning as a parallel judicial system and infringing on the rights of individuals, particularly Muslim women. Supreme Court held that Fatwas have no legal status under the Indian Constitutional framework and are not binding. The Court observed that Dar-ul-Qazas are not recognized judicial bodies and cannot enforce their decisions through coercive methods. [Paras 1-18]

Role of Fatwas – Legal Status – Held – Fatwas issued by Dar-ul-Qazas or any similar bodies have no legal standing and are merely advisory in nature. They cannot be enforced by any legal process and can be ignored by individuals. Fatwas must not infringe upon the rights of individuals unless sought by the concerned person or a directly interested party. [Paras 13-16]

Decision – Petition Disposed Off – Supreme Court disposed of the writ petition, emphasizing that Dar-ul-Qazas or similar bodies cannot issue Fatwas concerning an individual's rights, status, or obligations unless requested by the individual or a directly interested party. Any attempt to enforce such Fatwas through coercive means would be illegal and subject to legal action. [Paras 17-18]

Service Law - Principles of Natural Justice - Violation in Disciplinary Inquiry - The appellant, a bank employee, was removed from service due to unauthorized absence without prior permission. The disciplinary inquiry was found to have violated principles of natural justice as the Inquiry Officer disallowed the appellant's request to summon defense witnesses without valid reasons. Supreme Court held that the inquiry was vitiated, reinstated the appellant, and set aside the High Court Division Bench's order directing a fresh inquiry without reinstatement. [Paras 1-17]

Disciplinary Proceedings - Absence without Permission - Medical Certificates - The appellant's absence was justified by medical certificates, and there was no evidence of willful and deliberate absence or forged medical reports. The disciplinary authority's decision to disbelieve medical certificates without valid reasons was held invalid. [Para 15]

Decision - Reinstatement Ordered - The Supreme Court reinstated the appellant with all consequential benefits, upholding the learned Single Judge's order and directing the respondent bank to comply within four weeks. The Division Bench's order for further inquiry without reinstatement was set aside. [Paras 16-17]