Contract Law - Rejection of Tender - Appeal against High Court order upholding rejection of tender by FCI – The appellant's tender was rejected due to the forfeiture of Earnest Money Deposit (EMD) in a previous contract. The High Court upheld the rejection based on disqualification clauses. The Supreme Court set aside the High Court's order, holding that the rejection was not justified as the previous forfeiture was due to non-intentional lapses and failure of banking operations. The appellant had already suffered a debarment for about three years. Held that the High Court did not correctly interpret its own earlier order and that the rejection of the tender by FCI was unjustified. [Paras 1-13]

Tender Conditions - Forfeiture of Earnest Money Deposit (EMD) - Interpretation of Clauses – Reviewed Clause 4 (III) of the Model Tender Form (MTF), disqualifying bidders whose EMD was forfeited in any contract with FCI in the last five years. The Supreme Court noted that the High Court, in a previous case (CWP No. 21694/2011), found no intentional lapse by the appellant and thus the invocation of Clause 4 (III) by FCI was not justified. The High Court failed to appreciate its own findings in the earlier order where it was noted that the forfeiture was not due to intentional lapses. Held that FCI's invocation of Clause 4 (III) was incorrect. [Paras 7-11]

Judicial Review - Appellate Powers - Interference with Administrative Decisions – Emphasized the importance of judicial review in ensuring that administrative decisions are not arbitrary and adhere to the principles of natural justice. The Supreme Court exercised its appellate jurisdiction to correct the misapplication of tender disqualification clauses by the High Court and FCI, ensuring fairness in administrative processes. Held that the debarment of the appellants was not justifiable. The appeals were allowed. [Paras 12-13]

Criminal Law - Sentencing - Death Penalty - Criminal appeal against confirmation of death sentence by High Court - Accused convicted for murdering eight family members, including minor children and a physically disabled child, due to a property dispute - Appellants argued for mitigation based on lack of criminal antecedents, age, and potential for reformation - Supreme Court held that the crime fell under the "rarest of rare" category due to its brutality and premeditation - Death sentence confirmed as the appropriate punishment [Paras 1-64].

Rarest of Rare Doctrine - Application - Supreme Court reiterated principles from Bachan Singh and Machhi Singh cases, emphasizing the need for a balanced consideration of aggravating and mitigating circumstances - Found that the calculated, cold-blooded nature of the crime, lack of provocation, and the appellants' utter disregard for family ties justified the death penalty - Held that the case met the criteria for the "rarest of rare" [Paras 17-18, 54-63].

Victim and Society's Rights - Emphasis on justice for victims and society's need for deterrence - Supreme Court highlighted the duty to protect the rights of victims and uphold public confidence in the justice system - Noted that undue sympathy for the accused would undermine the rule of law and public faith in judicial processes [Paras 57-61].

Decision - Death Sentence Upheld - Supreme Court dismissed the appeal, affirming the death penalty for the appellants - Directed the registry to compensate the amicus curiae [Paras 64-66].

Constitutional Law - Article 226 - Condonation of Delay – High Court exercised its powers under Article 226 to condone the delay and grant leave to the respondent to file an appeal before the appellate authority under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 – Supreme Court held that the High Court erred in allowing the condonation of delay and granting leave to appeal, emphasizing that the respondent, as an unauthorized occupant, had no locus standi to maintain the appeal - High Court’s order set aside. [Paras 1-8]

Public Premises (Eviction of Unauthorised Occupants) Act, 1971 - Sections 4, 4(2) – Eviction proceedings initiated by the appellant against the original tenant – Respondent, who occupied the premises without authorization, contested eviction as power of attorney holder of the original tenant – Held that unauthorized occupants, particularly those entering after the initiation of eviction proceedings, are not entitled to fresh notice under Section 4(2) – Supreme Court affirmed that allowing such appeals would protract eviction proceedings indefinitely. [Para 7]

Eviction Proceedings - Locus Standi – Analysis – Respondent appeared as power of attorney holder of the original tenant during eviction proceedings but failed to establish independent right to occupy the premises – Appellate authority correctly dismissed the respondent’s application for condonation of delay and appeal due to lack of locus standi – Supreme Court concurred, emphasizing the finality of eviction orders and the necessity to prevent unauthorized occupants from delaying proceedings. [Para 7]

Decision – Appeal allowed with costs – High Court's order dated 5.2.2010 set aside – Directions issued to the respondent to vacate the premises within six months upon furnishing an undertaking, failing which, the Estate Officer is authorized to execute the eviction order immediately – Conditional occupational charges to be paid by the respondent. [Para 8]

Urban Planning - Transferable Development Rights (TDR) - Entitlement - Civil Appeal against the decision of the High Court favoring Respondent's claim for TDR - Respondent-writ Petitioner, Kausarbag Cooperative Housing Society, claimed TDR under Development Control Regulations (DCR) framed under the Maharashtra Regional and Town Planning Act, 1966 (MRTP Act) - High Court held the Respondent entitled to TDR as per DCR N-2.4.17(ii), as land was shown as an existing garden in the development plan, and compensation was not received - Supreme Court upheld the High Court's decision, stating the entitlement to TDR is valid under DCR N-2.4.17(ii) irrespective of how the land is shown in the development plan, and TDR provisions should be applied liberally to fulfill the legislative intent to lessen the financial burden of the State and facilitate development. [Paras 1-17]

Interpretation of DCR - DCR N-2.4.17 operates independently and is not contingent on DCR N-2.4.1(A) conditions - Court emphasized that the TDR could be granted to lands acquired under the Land Acquisition Act, as the regulation's objective includes such scenarios - Any administrative order, such as Government Order dated 03.02.2007, cannot override statutory DCR without following due legislative process - Court ruled such an administrative directive ineffective against statutory provisions. [Para 13-16]

Government Orders - Validity - Government Order dated 03.02.2007 issued under Section 154 of MRTP Act sought to prohibit TDR post-acquisition and possession transfer - Supreme Court held the order cannot override statutory provisions (DCR) without following Section 37 procedures - Such an order remains ineffective unless proper legislative amendment is carried out. [Para 15-16]

Decision - Appeal dismissed - Court affirmed the Bombay High Court's order granting TDR to the Respondent Society - Emphasized State must adhere to its own norms and procedural standards for legislative amendments - Government cannot challenge its own established norms through judicial escape. [Para 17]

**Administrative Law – Allotment of Public Land – Validity – Quashing of High Court Order Upholding Allotment – The Supreme Court examined the legality of land allotments made by CIDCO without public tender to private entities, including M/s. Popcorn Entertainment and M/s. Platinum Entertainment, for the development of multiplexes and entertainment centers, and to M/s. Platinum Square Trust for a country club – Held that such allotments, made without transparency and in an arbitrary manner, violate public policy and principles of fairness – Section 23 of the Contract Act, 1872 applied to invalidate contracts opposed to public policy – The Court underscored the need for transparent and non-discriminatory procedures in the disposal of public property – Cancellation of allotments by CIDCO upheld. [Paras 1-56]

**Public Interest – Disposal of Public Property – Principles of Fairness and Transparency – The Supreme Court emphasized that the disposal of public property must be conducted with fairness and transparency, adhering to a well-defined policy to avoid favoritism and nepotism – The decision stressed that the government or its agencies must act in a non-arbitrary manner, ensuring public interest and compliance with constitutional principles. [Paras 36-54]

Decision: The Supreme Court allowed the appeals, set aside the High Court's judgment, and upheld CIDCO's cancellation of the allotments made to the respondents, finding the allotments arbitrary, lacking transparency, and contrary to public policy as defined under Section 23 of the Contract Act, 1872. [Paras 55-56]

Referred Cases:

Popcorn Entertainment and Another v. City Industrial Development Corpn. and Another (2007) 1 CTLJ 137

Sunil Pannalal Banthia and Others v. City and Industrial Development Corpn. of Maharashtra Ltd. and Another AIR 2007 SC 1529

Padma v. Hiralal Motilal Desarda and Others AIR 2002 SC 3252

Jamshed Hormusji Wadia v. Board of Trustees, Port of Mumbai and Another AIR 2004 SC 1815

State of Haryana and Others v. Jage Ram and Others AIR 1983 SC 1207

Kasturi Lal Lakshmi Reddy v. State of Jammu and Kashmir AIR 1980 SC 1992

Mrs. Maneka Gandhi v. Union of India AIR 1978 SC 597

Shri Sachidanand Pandey v. State of West Bengal AIR 1987 SC 1109

Centre for Public Interest Litigation v. Union of India AIR 2013 SC 3725

Akhil Bhartiya Upbhokta Congress v. State of Madhya Pradesh AIR 2011 SC 1834

Ramana Dayaram Shetty v. International Airport Authority of India AIR 1979 SC 1628

Humanity v. State of West Bengal AIR 2011 SC 2308

Whirlpool Corporation v. Registrar of Trade Marks AIR 1999 SC 22

Chairman and M.D., B.P.L. Ltd. v. S.P. Gururaja AIR 2003 SC 4536

Criminal Law - Dowry Death - Presumption under Section 113B of the Indian Evidence Act - Conviction of husband under Sections 304B and 498A IPC - Appeal against High Court's affirmation of trial court's decision - Held - Prosecution established demand for dowry soon before death - No evidence supporting accidental death claim - Presumption under Section 113B correctly invoked - Conviction upheld. [Paras 1-17]

Dowry Demand - Analysis - Presumption under Section 113B - Held - The evidence of dowry demand by appellant confirmed until date of death - Testimonies of brother and father of deceased reliable - Circumstantial evidence and absence of burst stove at scene negated accidental death claim - Consistent with Section 304B IPC and Section 113B Evidence Act. [Paras 9-13]

Expert Testimony - Relevance and Evaluation - Held - Statements of medical officers and experts critically evaluated - Defense's claim of accidental death not supported by substantive medical evidence - Expert opinion needs to be based on specialized knowledge and reliable data. [Paras 14-15]

Decision - Appeal Dismissed - Conviction under Sections 304B and 498A IPC upheld - Appellant's plea of accidental death rejected - Sentence affirmed - Appellant directed to surrender to custody. [Paras 16-17]

Referred Cases:

Madan Gopal Kakkad Vs. Naval Dubey and Another, (1992) 3 SCC 204

Pawan Kumar and Others Vs. State of Haryana, (1998) 3 SCC 309

Hira Lal and Others Vs. State (Govt. of NCT) Delhi, (2003) 8 SCC 80

Criminal Law - Unlawful Assembly and Common Object – Criminal Appeal against the conviction and sentence for crimes including murder and arson committed by a mob – Appellant argued against the evidence of identification and the existence of a common object among the accused – Supreme Court found the evidence of the prosecution witnesses credible and consistent – Held that mere presence in an unlawful assembly with a common object suffices for conviction under Section 149 IPC – Conviction and sentence upheld. [Paras 1-22]

Evidence – Credibility of Eyewitness Testimony – Analysis – Eyewitnesses consistently identified the accused as active participants in the mob – Prosecution evidence found reliable despite the defense's arguments of enmity and possible false implication – No substantial error in the assessment of the Trial Court and High Court – The identification of the appellant and the specific roles attributed to them were upheld. [Para 15-20]

Common Object and Constructive Liability – Legal Principles – Discussion of Section 149 IPC – Supreme Court emphasized that individual acts of accused are not necessary to establish liability – Presence and participation in furtherance of the common object is sufficient – Several precedents cited to support this interpretation. [Paras 16-20]

Decision – Appeals Dismissed – The Supreme Court found no merit in the arguments presented by the appellants – Conviction and sentences affirmed as per the judgments of the Trial Court and the High Court – The appeals were dismissed. [Para 22]

Referred Cases:

Santosh Vs. State of Madhya Pradesh, AIR 1975 SC 654

Lalji and Others Vs. State of U.P., AIR 1989 SC 754

State of Rajasthan Vs. Shiv Charan and Others, AIR 2013 SC 2342

Badal Murmu and Others Vs. State of West Bengal, AIR 2014 SC 1150

Bhudeo Mandal and Others Vs. State of Bihar, AIR 1981 SC 1219

Subal Ghorai and Others Vs. State of West Bengal, (2013) 4 AD 635

State of A.P. Vs. Thakkidiram Reddy and Others, AIR 1998 SC 2702

Kuldip Yadav and Others Vs. State of Bihar, AIR 2011 SC 1737

Shaji and Others Vs. State of Kerala, AIR 2011 SC 1825

Yunis @ Kariya etc. Vs. State of Madhya Pradesh, AIR 2003 SC 539

Criminal Procedure - Section 313 Examination - Proper Examination Required - High Court remanding case for retrial due to alleged defective Section 313 CrPC examination - Supreme Court finds High Court's decision erroneous as accused were fully apprised of circumstances - No substantial prejudice caused to accused - Remand by High Court set aside, matter directed to be decided on merits by High Court. [Paras 16-19, 27-32]

Defective Examination under Section 313 CrPC - Analysis - Held - Defective examination under Section 313 does not automatically vitiate the trial - Accused must prove substantial prejudice caused by such defect - Appellate court can address omitted questions if no substantial prejudice shown - Supreme Court finds no substantial prejudice caused in present case - No miscarriage of justice identified. [Paras 26-29]

Remand for Retrial - Principles - Held - Remand for retrial should be rare and exceptional - Appellate courts should avoid remands unless essential to prevent miscarriage of justice - Supreme Court finds High Court's remand for retrial unnecessary - Orders High Court to decide appeal on merits. [Paras 13, 16, 17, 31-32]

Decision - Setting aside High Court’s Remand - Court sets aside High Court's order remanding case for retrial - Directs High Court to decide the appeal on merits - Accused to remain on bail till High Court's further orders. [Para 32]

Referred Cases:

Ajay Singh Vs. State of Maharashtra, AIR 2007 SC 2188 : (2007) 8 JT 638 : (2007) 8 SCALE 461 : (2007) 7 SCR 983 : (2007) 2 UJ 756 : (2007) AIRSCW 3845 : (2007) 5 Supreme 1

Alister Anthony Pareira Vs. State of Maharashtra, AIR 2013 SC 3802 : (2012) CriLJ 1160 : (2012) 1 Crimes 76 : (2012) 1 JCC 641 : (2012) 1 JT 100 : (2012) 1 RCR(Criminal) 524 : (2012) 1 SCALE 189 : (2012) 2 SCC 648 : (2012) AIRSCW 930 : (2012) 1 Supreme 34

Paramjeet Singh @ Pamma Vs. State of Uttarakhand, AIR 2011 SC 200 : (2011) CriLJ 663 : (2010) 4 Crimes 165 : (2010) 10 JT 260 : (2010) 10 SCALE 258 : (2010) 10 SCC 439 : (2011) 1 SCC(Cri) 98 : (2010) AIRSCW 6616 : (2010) 7 Supreme 26

State of Madhya Pradesh Vs. Bhooraji and Others, (2001) 6 AD 624 : AIR 2001 SC 3372 : (2001) CriLJ 4228 : (2001) 4 Crimes 190 : (2001) 7 JT 55 : (2001) 5 SCALE 423 : (2001) 7 SCC 679 : (2001) AIRSCW 3313 : (2001) 6 Supreme 311

Basavaraj R. Patil and Others Vs. State of Karnataka and Others, AIR 2000 SC 3214 : (2000) CriLJ 4604 : (2000) 1 JT 422 Supp : (2000) 6 SCALE 697 : (2000) 8 SCC 740 : (2000) 3 SCR 658 Supp : (2000) AIRSCW 3692 : (2000) 6 Supreme 586

Sharad Birdhichand Sarda Vs. State of Maharashtra, AIR 1984 SC 1622 : (1984) CriLJ 1738 : (1984) 2 SCALE 445 : (1984) 4 SCC 116 : (1985) 1 SCR 88

Shivaji Sahabrao Bobade and Another Vs. State of Maharashtra, AIR 1973 SC 2622 : (1973) CriLJ 1783 : (1973) 2 SCC 793 : (1973) SCC(Cri) 1033 : (1974) 1 SCR 489

S. Harnam Singh Vs. The State (Delhi Admn.), AIR 1976 SC 2140 : (1976) CriLJ 913 : (1976) 2 SCC 819 : (1976) SCC(Cri) 324

Ganesha Vs. Sharanappa and Another, AIR 2014 SC 1198 : (2014) 1 CCR 121 : (2014) CriLJ 1146 : (2013) 15 JT 163 : (2013) 14 SCALE 59 : (2014) 1 SCC 87 : (2014) 2 SCJ 725

Asraf Ali Vs. State of Assam, (2008) CLT 1053 : (2008) CriLJ 4338 : (2008) 13 JT 598 : (2008) 10 SCALE 278

Final Result : Disposed Off

Criminal Law - Conviction for Abetment of Suicide and Cruelty – Criminal Appeal challenging High Court's reversal of trial court's acquittal - Sessions court had disposed of the case within nine days, acquitting all accused except husband convicted under Section 498A IPC – High Court re-evaluated evidence, convicted husband and in-laws under Sections 306, 498A read with Section 114 IPC, enhancing husband's sentence - Appellants contended improper trial and insufficient evidence – Supreme Court upheld High Court's judgment, emphasizing the prosecution's role and proper judicial conduct in trial. [Paras 1-16]

Speedy Disposal of Sessions Case - Evaluation - Supreme Court criticized the swift disposal of the case by Sessions Judge within nine days - Found such expedited trial deprived fair opportunity for a thorough investigation and evidence presentation, thereby jeopardizing justice. [Para 1]

Dying Declaration - Admissibility and Sufficiency – Analysis – Deceased's dying declaration recorded by ASI (PW4), though without Executive Magistrate, deemed credible and consistent with evidence - Held, sufficient to establish cruelty and abetment to suicide by husband and in-laws. [Para 7-9]

Role of Prosecuting Agency - Critique - Supreme Court highlighted prosecutorial and judicial negligence in the initial trial - Emphasized on courts' duty to ensure comprehensive evidence presentation and fair prosecution to prevent miscarriage of justice. [Paras 13-14]

Decision - Dismissal of Appeals - Upheld High Court’s decision convicting appellants for abetment of suicide and cruelty - Directed appellants to surrender for serving remaining sentence. [Paras 15-16]

Referred Cases:

Surinder Kumar v. State of Haryana, (2012) CriLJ 1043

Govindaraju @ Govinda v. State by Sriramapuram P.S., AIR 2012 SC 1292

Zahira Habibulla H. Sheikh v. State of Gujarat, AIR 2004 SC 346

Ramesh Kumar v. State of Chhattisgarh, AIR 2001 SC 3837