Criminal Law - Default Bail - Right to be Released on Bail - Supreme Court examined the statutory right under Section 167(2) CrPC to be released on bail if the charge-sheet is not filed within the prescribed period of 90 days. The Court clarified that this right is enforceable upon the expiry of the stipulated period, provided the accused applies for bail and is willing to furnish the bail bond. The right does not extinguish upon filing of the charge-sheet if the application for bail was made prior to the filing. [Paras 1-42]

Statutory Interpretation - Section 167(2) CrPC - The Court emphasized that the statutory right to default bail accrues immediately upon the expiry of the prescribed period and must be enforced without delay. The Magistrate has no discretion but to grant bail once the right accrues, provided the accused applies and is willing to furnish bail. Delays in processing the bail application by the Court cannot be used to defeat the accused's right. [Para 41]

Extension of Investigation Period - Judicial Oversight - The Court noted that any extension of the investigation period must be sought and granted before the expiry of the initial statutory period. Filing of an application for extension after the expiry period does not affect the accrued right to bail. [Para 41]

Decision - Bail Granted - The Supreme Court upheld the High Court’s order granting bail to the respondent, stating that the right to bail under Section 167(2) CrPC had accrued due to the non-filing of the charge-sheet within the prescribed period, and subsequent filing did not extinguish this right as the bail application was already made. [Para 42]

Referred Cases:

Union of India (UOI) Vs. Thamisharasi and Others, (1995) 4 SCC 190

Dinesh Dalmia Vs. C.B.I., (2007) 8 SCC 770

Union of India (UOI) Vs. Hassan Ali Khan and Another, (2011) 11 SCR 778

Makhan Singh Tarsikka Vs. The State of Punjab, AIR 1952 SC 27

State of Maharashtra Vs. Bharati Chandmal Varma @ Ayesha Khan, AIR 2002 SC 285

Central Bureau of Investigation, Special Investigation Cell-I, New Delhi Vs. Anupam J. Kulkarni, AIR 1992 SC 1768

Chaganti Satyanarayana and Others Vs. State of Andhra Pradesh, AIR 1986 SC 2130

Ram Narayan Singh Vs. The State of Delhi and Others, AIR 1953 SC 277

Naranjan Singh Nathawan Vs. The State of Punjab, AIR 1952 SC 106

A.K. Gopalan Vs. The Government of India, AIR 1966 SC 816

Uday Mohanlal Acharya Vs. State of Maharashtra, AIR 2001 SC 1910

Ateef Nasir Mulla Vs. State of Maharashtra, AIR 2005 SC 3293

Sanjay Dutt Vs. State through C.B.I., Bombay, (1994) 5 SCC 410

State through C.B.I. Vs. Dawood Ibrahim Kaskar and others, AIR 1997 SC 2494

Dr. Bipin Shantilal Panchal Vs. State of Gujarat, AIR 1996 SC 2897

State through CBI Vs. Mohd. Ashraft Bhat and Another, (1996) 1 SCC 432

Mohamed Iqbal Madar Sheikh and Others Vs. State of Maharashtra, (1996) 1 SCC 722

Mustaq Ahmed Mohammed Isak and Others Vs. State of Maharashtra, AIR 2009 SC 2772

Sadhwi Pragyna Singh Thakur Vs. State of Maharashtra, (2011) 12 JT 56

Aslam Babalal Desai Vs. State of Maharashtra, AIR 1993 SC 1

Hitendra Vishnu Thakur and Others Vs. State of Maharashtra and Others, AIR 1994 SC 2623

Hindu Marriage Act, 1955 – Section 13(1)(ib) – Desertion – Legal Requirements – AnalysisThe Supreme Court emphasized that for desertion to be established under Section 13(1)(ib) of the Hindu Marriage Act, 1955, it must be proven that one spouse has forsaken the other for a continuous period of not less than two years immediately preceding the presentation of the petition. The High Court's conclusion that the wife had deserted the husband was not supported by sufficient evidence demonstrating continuous desertion for the required period. The Family Court's finding of no desertion was upheld. [Paras 15-17]

Mental Cruelty – Subsequent Conduct – Legal FrameworkThe Court held that subsequent events could be considered to infer mental cruelty. The wife's conduct, including lodging an FIR under Section 498A and 506 IPC, causing the husband's arrest, and prolonged non-cooperation, constituted mental cruelty. The High Court's decree of divorce on the ground of mental cruelty was affirmed. [Paras 18-38]

Maintenance – Educational Support for Minor Child – Judicial DutyConsidering the socio-economic status and responsibilities of both parents, the Supreme Court directed the husband to pay Rs. 25,00,000 towards the maintenance and education of their minor son, to be deposited within six months. This amount, alongside prior settlements, aimed to ensure proper education and living standards for the child. [Paras 39-40]

Decision:The Supreme Court affirmed the decree of divorce granted by the High Court on the grounds of mental cruelty. Additionally, the Court directed the respondent-husband to deposit Rs. 25,00,000 for the maintenance and education of the minor son. [Paras 41]

Referred Cases:

Suman Kapur Vs. Sudhir Kapur, AIR 2009 SC 589

Naveen Kohli Vs. Neelu Kohli, AIR 2006 SC 1675

Samar Ghosh Vs. Jaya Ghosh, (2007) 4 SCC 511

U. Sree Vs. U. Srinivas, AIR 2013 SC 415

Vishwanath Agrawal Vs. Sau. Sarla Vishwanath Agrawal, AIR 2012 SC 2586

Vijaykumar Ramchandra Bhate Vs. Neela Vijaykumar Bhate, AIR 2003 SC 2462

Savitri Pandey Vs. Prem Chandra Pandey, AIR 2002 SC 591

G.V.N. Kameswara Rao Vs. G. Jabilli, AIR 2002 SC 576

Lachman Utamchand Kirpalani Vs. Meena alias Mota, AIR 1964 SC 40

K. Srinivas Rao Vs. D.A. Deepa, AIR 2013 SC 2176

Durga Prasanna Tripathy Vs. Arundhati Tripathy, AIR 2005 SC 3297

Praveen Mehta Vs. Inderjit Mehta, AIR 2002 SC 2582

A. Jayachandra Vs. Aneel Kaur, AIR 2005 SC 534

Vinita Saxena Vs. Pankaj Pandit, AIR 2006 SC 1662

Mohinder Singh Vs. Harbans Kaur, AIR 1992 P&H 8

Smt. Indira Gangele Vs. Shailendra Kumar Gangele, AIR 1993 MP 59

K. Narayanan Vs. K. Sreedevi, AIR 1990 Ker 151

Workmen's Compensation Act, 1923 - Section 3(1), Section 4 – Compensation for Death in Course of Employment – Appeal against dismissal of compensation claim for the death of a truck driver who met with a road accident – Supreme Court examines notional extension doctrine to determine whether accident occurred in course of employment – Notional extension applies at both entry and exit by time and space – Deceased driver’s accident and death deemed to have occurred during the course of employment – Compensation claim allowed. [Paras 1-14]

Notional Extension - Principle Applied – Employment not restricted to actual working hours or location – Scope extends to reasonable time and space around the employment site – Facts demonstrated that deceased was on duty and intended to return for further duties, thus maintaining employment relationship at time of accident. [Para 10-11]

Compensation Calculation - Workmen's Compensation Act – Age and wages of deceased driver considered – Compensation calculated as per statutory formula – Decree awarded for Rs. 5,08,082.50 with 9% interest per annum from date of claim petition. [Para 12]

Insurance Liability - Interest Component – Insurance company's liability for interest on compensation – Absence of contract clause excluding interest payment leads to insurer's responsibility for interest – Argument against interest payment rejected. [Para 13]

Decision: The appeal is allowed, and the judgment of the lower courts is set aside. Compensation of Rs. 5,08,082.50 with 9% interest per annum from the date of the claim petition is awarded to the appellants.

Referred Cases:

General Manager, B.E.S.T. Undertaking, Bombay v. Mrs. Agnes, AIR 1964 SC 193

New India Assurance Co. Ltd. v. Harshadbhai Amrutbhai Modhiya and Another, (2006) 5 SCC 192

Criminal Law – Quashing of Proceedings – Section 182 IPC – Appeal against High Court order dismissing the petition to quash proceedings initiated under Section 182 IPC – Allegation of false complaint lodged by the appellant against in-laws for harassment and dowry demands – Supreme Court finds no evidence that appellant knowingly provided false information to the police – Held that the proceedings under Section 182 IPC were unjustified and constituted an abuse of legal process – Quashing of proceedings ordered. [Paras 1-20]

Dowry Harassment – Protection of Women from Domestic Violence Act, 2005 – Complaint by appellant alleging continuous harassment, beating, and dowry demands – Police's failure to properly investigate and verify complaint – Supreme Court emphasizes the need for thorough investigation by police in cases involving allegations under the Domestic Violence Act – Criticism of police for submitting report without proper verification. [Paras 14-16]

Decision – Quashing of Section 182 IPC Proceedings – Supreme Court quashes the proceedings initiated against the appellant under Section 182 IPC – High Court’s order set aside – Complaint by Respondent No. 3 and subsequent police actions deemed unjustified – Proceedings quashed due to lack of evidence of appellant's knowledge or belief that the information given was false. [Paras 18-20]

Referred Cases:

None

Service Law - Promotion Rules - Interpretation and Application - Appeal against High Court order quashing CAT's decision on promotion of constables to head constables. The Supreme Court examined the application of the Punjab Police Rules, 1934, specifically Rule 13.7, and amendments made on 4.3.1982 and 17.6.1988 regarding the promotional course for constables. The CAT had earlier quashed the department's action of filling vacancies based on amended rules post-1988. The High Court upheld the principle that vacancies occurring before the rule amendment should be governed by old rules, emphasizing seniority-cum-merit criteria for promotions.

Promotion Criteria - Seniority vs. Merit - Held, promotions to Head Constables from Constables occurring prior to the amendment on 17.6.1988 should follow the seniority-cum-merit principle as per the unamended rule of 4.3.1982. For vacancies post-amendment, the merit-cum-seniority test rule of 17.6.1988 would apply. The Supreme Court reaffirmed the High Court's stance that no vested rights exist for confirmed employees under the pre-amended rule to insist on the old promotion criteria once new rules are validly enacted.

Decision - Quashing of Tribunal Orders and Reinstatement of High Court Judgment - The Supreme Court upheld the High Court's judgment quashing the CAT's orders from 8.1.1990 and 23.9.1998, which had wrongly extended the seniority-cum-merit rule for all vacancies irrespective of amendment dates. The tribunal's decision was based on a misinterpretation of the precedent set by Achhar Chand's case. The Court emphasized the doctrine that vacancies must be filled according to the rules in force at the time of their occurrence, ensuring promotions are executed based on applicable rules when vacancies arise.

REFERRED CASES:

K. Ajit Babu and others Vs. Union of India and others, AIR 1997 SC 3277

Prabodh Verma and Others Vs. State of Uttar Pradesh and Others, AIR 1985 SC 167

Public Service Commission, Uttaranchal Vs. Mamta Bisht and Others, AIR 2010 SC 2613

P. Ganeshwar Rao and Others Vs. State of Andhra Pradesh and Others, AIR 1988 SC 2068

A.A. Calton Vs. Director of Education and Another, AIR 1983 SC 1143

K.R.C.S. Balakrishna Chetty and Sons and Co. Vs. The State of Madras, AIR 1961 SC 1152

State of Bihar and Others Vs. Kameshwar Prasad Singh and Another, AIR 2000 SC 2306

B.L. Gupta and Another Vs. M.C.D., (1998) 7 JT 225

L. Chandra Kumar Vs. Union of India and others, AIR 1997 SC 1125

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

Udit Narain Singh Malpaharia Vs. Additional Member, Board of Revenue, Bihar, AIR 1963 SC 786

State of Himachal Pradesh and another Vs. Kailash Chand Mahajan and others, AIR 1992 SC 1277

Union of India (UOI) and Others Vs. Brigadier P.S. Gill, AIR 2012 SC 1280

State of Rajasthan Vs. R. Dayal and Others, (1997) 3 JT 198

Y.V. Rangaiah and Others Vs. J. Sreenivasa Rao and Others, AIR 1983 SC 852

State of Assam Vs. Union of India (UOI) and Others, (2010) 10 SCC 408

Shiv Kumar Tiwari (D) by Lrs. Vs. Jagat Narain Rai and Others, AIR 2002 SC 211

Khetrabasi Biswal Vs. Ajaya Kumar Baral and Others, (2003) 10 SCALE 186

M.V. Ravindranath and Others Vs. Union of India (UOI) and Others, (1998) 9 JT 251

Rama Rao and Others Vs. M.G. Maheshwara Rao and Others, (2007) 10 JT 504

Arjun Singh Rathore and Others Vs. B.N. Chaturvedi and Others, (2007) 13 JT 543

Tridip Kumar Dingal and Others Vs. State of West Bengal and Others, (2008) 12 JT 587

Disciplinary Proceedings - Continuation Post-Retirement - Appeal against High Court’s decision permitting disciplinary proceedings after superannuation of the appellant - High Court relied on U.P. Cooperative Federation Ltd. v. L.P. Rai – Supreme Court examined relevant regulations and precedents – Held: In absence of specific provision allowing continuation of disciplinary proceedings post-retirement, such proceedings cannot continue – Appeal allowed - Appellant entitled to full retiral benefits. [Paras 1-11]

Principles of Natural Justice - Opportunity to Cross-Examine - High Court's quashing of initial disciplinary proceedings due to procedural violations - Fresh proceedings initiated without completion prior to appellant's retirement – Supreme Court reiterated principles of natural justice requiring proper procedural conduct. [Para 2]

Disciplinary Regulations - Absence of Post-Retirement Provision - Analysis of applicable regulations revealed no authority for post-retirement disciplinary action or deduction from retiral benefits - Supreme Court emphasized absence of regulatory provision means inquiry lapses upon retirement. [Para 9]

Decision - Quashing of Disciplinary Proceedings - Court quashed the continuation of disciplinary proceedings post-retirement - Directed payment of arrears of salary, allowances, and full retiral benefits to the appellant - No costs imposed. [Para 11]

Referred Cases:

U.P. Cooperative Federation Ltd. and Others v. L.P. Rai, (2007) 7 SCC 81

Bhagirathi Jena v. Board of Directors, O.S.F.C. and Others, (1999) 3 SCC 666

Civil Law – Compensation and Liability – Civil Appeal arising from disputes over compensation payment to M/s. Jaswant Sugar Mills Ltd. – State government appeal against the Allahabad High Court judgment directing payment of compensation based on a compromise – High Court orders the state to deduct a portion of compensation and pay the remainder – Supreme Court finds fault in the High Court's failure to address the company's liabilities including loans and taxes – High Court's order set aside – Matter remitted to the District Collector, Meerut for determination of liabilities – Directions issued for determination of liabilities, adjustment of dues, and payment of any remaining amount to the company within four months. [Paras 1-34]

Auction Sale – Cancellation and Refund – Civil Appeal arising from the cancellation of an auction sale of company land – High Court quashes the auction sale due to irregularities – Supreme Court dismisses appeals against the cancellation – Orders refund of auction amount with 6% interest from the date of High Court order – Auction purchasers found entitled to interest on equitable grounds due to their compliance with auction terms. [Paras 35-45]

Decision – Civil Appeals Nos. 6169-6171, 6172-6174, 7122, 7123-7124, and 7125 of 2003 allowed in terms of directions – Appeals (Civil Appeals Nos. 7126-7129 of 2003) filed by Commissioner, Meerut dismissed – No costs. [Paras 45]

Referred Cases:

State of Maharashtra and Others Vs. Maimuma Banu and Others, AIR 2003 SC 3698

Criminal Law - Applicability of Section 106 of the Evidence Act - Appeal against High Court acquittal in a murder case - High Court's reversal of Trial Court's conviction of accused Thakur Singh for murdering his wife, Dhapu Kunwar - Supreme Court addresses the improper application of Section 106 by the High Court, highlighting the accused's responsibility to explain facts within his knowledge.

Burden of Proof - Section 106 of the Evidence Act - Interpretation and Application - Supreme Court reiterates the principle that when a fact is exclusively within the knowledge of the accused, the burden of proving that fact rests upon him. In this case, the accused did not provide any explanation for his wife's unnatural death in their shared room, reinforcing his culpability. [Paras 15-22]

Circumstantial Evidence - Conviction Based on Circumstances - Analysis - Supreme Court underscores that the surrounding circumstances, including the accused's exclusive presence in the room and failure to explain the death, sufficiently establish his guilt. [Paras 23-24]

High Court's Misapplication of Law - Quashing Acquittal - Supreme Court finds the High Court's acquittal to be legally flawed, as it overlooked essential legal provisions and evidence, resulting in a perverse judgment. The High Court's failure to consider the hostile nature of key witnesses and the accused's lack of explanation warranted the restoration of the Trial Court's conviction. [Paras 26-28]

Decision - Restoration of Trial Court's Conviction - Supreme Court sets aside the High Court's judgment and reinstates the conviction and sentence imposed by the Trial Court on Thakur Singh. Directions issued to the State to apprehend the accused to serve the sentence. [Paras 29-30]

Referred Cases:

Dnyaneshwar v. State of Maharashtra (2007) 10 SCC 445

Jagdish v. State of Madhya Pradesh (2009) 9 SCC 495 State of West Bengal v. Mir Mohammad Omar (2000) 8 SCC 382

Mahendra Pratap Singh v. State of Uttar Pradesh (2009) 11 SCC 334

Shambu Nath Mehra v. The State of Ajmer AIR 1956 SC 404 Ganeshlal v. State of Maharashtra (1992) 3 SCC 106

Trimukh Maroti Kirkan v. State of Maharashtra (2006) 10 SCC 681

Land Acquisition – Applicability of Section 11A – Civil Appeal against High Court order – Question of whether Section 11A of the Land Acquisition Act, 1894 applies to land acquired under Nagpur Improvement Trust Act, 1966 – Supreme Court holds that the Nagpur Improvement Trust Act is a complete code, and amendments to the Land Acquisition Act do not affect acquisitions under the State Act – Appeals dismissed. [Paras 1-31]

Review Powers of Collector – Analysis – Held – No statutory provision confers review powers on the Collector under the Land Acquisition Act – Review or modification of previous orders is not permissible without express legislative authority – High Court correctly upheld the lack of review power. [Paras 26-28]

Incorporation by Reference vs. Referential Legislation – Doctrine Application – Detailed analysis of whether Land Acquisition Act provisions are incorporated into or merely referred by the State Act – Supreme Court affirms incorporation doctrine, making subsequent amendments to the Land Acquisition Act inapplicable to the State Act. [Paras 23-25]

Decision – Dismissal of Civil Appeals – Supreme Court dismisses the appeals and upholds the High Court’s decision that the provisions of Section 11A of the Land Acquisition Act do not apply to land acquired under the Nagpur Improvement Trust Act – No interference warranted with High Court order – No costs awarded. [Paras 30-31]

Referred Cases:

State of Kerala and Others Vs. T.M. Peter and Others, AIR 1980 SC 1438

Girnar Traders Vs. State of Maharashtra and Others, (2011) 3 SCC 1

Kalabharati Advertising Vs. Hemant Vimalnath Narichania and Others, (2010) 9 SCC 437

Nagpur Improvement Trust Vs. Vasantrao and Others and Jaswantibai and Others, (2002) 7 SCC 657