Criminal Law – Registration of FIR – Petition filed under Article 32 for the issuance of habeas corpus to produce minor Lalita Kumari – Police did not register FIR upon initial complaint of kidnapping – Supreme Court emphasizes the mandatory nature of Section 154 CrPC for police to register FIR upon receiving information of a cognizable offence – Detailed guidelines issued for the registration of FIR and preliminary inquiry in specific cases [Paras 1-66].

Constitutional Law – Article 21 – Protection of Personal Liberty – Court reiterates the importance of protecting citizens’ rights under Article 21 – Emphasizes that police cannot refuse to register FIR on the grounds of preliminary inquiry unless certain exceptions apply – Balance between protecting individuals from false accusations and ensuring prompt investigation of genuine complaints [Paras 7-20].

Public Interest – Judicial Guidelines – Court issues comprehensive guidelines to standardize the process of registering FIRs across states – Mandates all states and union territories to follow the directives to prevent arbitrariness in the registration process – Directs that a copy of FIR should be provided to the complainant free of cost [Paras 64-66].

Decision: Writ Petition allowed – Supreme Court mandates immediate registration of FIR upon receiving information of cognizable offence – Establishes guidelines for preliminary inquiry in specific situations – Directs compliance with new procedures to uphold citizens' rights and ensure efficient law enforcement [Paras 64-66].

Contract Law – Breach of Contract – Appellant challenged the refusal of the Food Corporation of India (FCI) to refund Rs. 10 lakhs deposited as security pursuant to a High Court order – Appellant had secured a contract but later withdrew his offer – Supreme Court holds that the FCI can retain the security deposit and recover extra expenses incurred due to appellant’s withdrawal but must refund the balance amount – Contractual terms and specific performance assessed [Paras 1-16].

Administrative Law – Alternative Remedy – Availability of arbitration as an alternative remedy not considered a bar due to prolonged litigation – Supreme Court decides not to relegate parties to arbitration after extensive court proceedings [Paras 11-12].

Civil Procedure – Refund of Deposit – Security deposit refundable if work not allotted – If work allotted, deposit adjustable towards security – On breach, recovery of costs and forfeiture of security allowed – Balance amount refundable to appellant [Paras 7-16].

Decision: Appeals allowed – High Court order set aside – Respondent directed to refund the balance amount of Rs. 473,226 to the appellant within three months, failing which interest at 10% p.a. will apply – No interest awarded on refundable amount due to appellant’s conduct causing unnecessary prejudice to FCI [Paras 14-16].

Constitutional Law – Validity of Statutes – Petitioner challenges the constitutionality of Section 7 of the Indian Medicine Central Council Act, 1970, on grounds of it being violative of Articles 14 and 16 of the Constitution – Supreme Court upholds the validity of Section 7, stating that it ensures no vacuum in the membership of the Central Council – Provision intended to prevent disruptions in the functioning of the Council due to delays in holding elections [Paras 1-13].

Administrative Law – Timeliness of Elections – Supreme Court directs the Central Government to conduct elections to the Central Council within the stipulated term of five years – In exceptional circumstances, elections must be completed within a reasonable time not exceeding three months beyond the term – Ensures accountability and proper functioning of statutory bodies [Paras 14-25].

Public Interest Litigation – Court’s Mandate – Court emphasizes its role in enforcing legislative intent and statutory provisions to ensure effective governance – Directs strict compliance with the provisions of the Act by the Central Government and the Central Council – Stresses the importance of timely elections and nominations to maintain the integrity and functionality of the Council [Paras 18-21, 25].

Decision: Writ Petition partly allowed – Supreme Court mandates timely elections to the Central Council – Section 7 of the Indian Medicine Central Council Act, 1970, upheld as constitutional – Directions issued to Central Government for compliance and accountability [Paras 25-31].

Civil Procedure – Interim Orders – Clarification sought on Supreme Court's order directing the Bombay High Court to consider applications for interim orders – Appellants argued they had an existing interim order of status quo from the Trial Judge – Supreme Court clarifies that the High Court should consider the sustainability of the existing interim order rather than fresh applications [Paras 1-7].

Principle of Actus Curiae NeminemGravabit – Court emphasized that no one should suffer due to an act of the court – Any erroneous decision or act of the court should not prejudice any party – Ensures that legal proceedings are fair and just, rectifying any disadvantage caused by judicial error [Para 7].

Decision: Application allowed – Supreme Court clarifies that the Division Bench of the Bombay High Court should decide on the sustainability of the interim order granted by the Trial Judge, rather than considering new applications for interim orders – Judgment dated 30-01-2012 modified accordingly [Paras 7-8].

Condonation of Delay – Government Appeals – Appellant, a government department, sought condonation of 427 days delay in filing SLPs – Supreme Court examined whether there was "sufficient cause" for the delay – Found delays at every stage with no satisfactory explanation for inaction – Held that mere procedural red-tape does not justify inordinate delays – Emphasized that government departments must act with diligence and commitment – Appeals dismissed for lack of sufficient cause [Paras 1-13].

Public Administration – Efficiency and Accountability – Supreme Court reiterated that government departments are bound by the same laws of limitation as private entities – Encouraged modernization and efficiency to prevent delays – Stressed the principle of equality before the law and the need for government bodies to avoid complacency in litigation [Paras 12-13].

Judicial Review – Scope of Article 136 – Court opted not to examine the merits of the case due to the decision on delay – Left questions of law open for consideration in future appropriate cases [Paras 14].

Decision: Appeals dismissed on the ground of delay – Application for condonation of delay rejected due to lack of plausible and acceptable reasons – No costs awarded [Paras 13-14].

Criminal Law – Kidnapping, Rape, and Murder – Appellant convicted for kidnapping a three-year-old girl, committing rape and unnatural offences, and murdering her – Trial court sentenced appellant to death – High Court confirmed conviction and death sentence – Supreme Court reviews evidence and confirms conviction but commutes death sentence to life imprisonment [Paras 1-13].

Evidence – Witness Credibility – Appellant challenged reliability of eyewitness (PW-3) due to age and partial blindness – Supreme Court upheld witness credibility as her left eye sight was intact and she recognized the appellant who was her neighbor – No need for Test Identification Parade as appellant was well known to witness [Paras 6-7].

Recovery of Evidence – Appellant argued recovery of evidence (blood-stained shirt, chappals, and dead body) was not credible due to lack of independent witnesses – Supreme Court found recoveries valid as they were corroborated by multiple witnesses and forensic evidence [Paras 8-9].

Sentencing – Death Penalty – Considering appellant’s young age (28 years) and potential for reformation, Supreme Court commuted death sentence to life imprisonment – Followed precedent in similar cases, emphasizing chance for rehabilitation while ensuring justice for heinous crimes [Paras 10-12].

Decision: Appeal partly allowed – Conviction under Sections 201, 302, 364, 376, 377 IPC upheld – Death sentence commuted to life imprisonment for the offence under Section 302 IPC – Life imprisonment to extend to appellant’s full life, subject to remission or commutation by government for good reasons [Paras 12-13].

Constitutional Law – Fundamental Rights – The Court examined the right to assemble peaceably without arms under Article 19(1)(b) and the reasonable restrictions that can be imposed under Article 19(3) – Held that the right to protest is fundamental but not absolute – Restrictions must be reasonable and in public interest [Paras 1-36].

Public Order – Use of Force – The Court scrutinized the invocation of Section 144 CrPC and the use of force by police – Emphasized that the power under Section 144 must be exercised with due caution and should be based on an objective assessment of the situation – Held that excessive force by the police is a violation of fundamental rights and must be addressed with accountability [Paras 36-50].

Judicial Review – Scope and Principles – The Court reaffirmed the power of judicial review in cases involving fundamental rights violations – Emphasized that the state must justify restrictions on rights and ensure they are proportionate to the intended objective – The courts have a duty to protect constitutional rights against arbitrary state action [Paras 50-65].

Decision: Suo Motu Writ Petition allowed – Supreme Court held the police action at Ramlila Maidan as disproportionate and violative of fundamental rights – Directed the Government to frame guidelines for regulating public assemblies and use of force – Compensation awarded to victims of police action [Paras 65-80].

Criminal Law – Dacoity with Murder – Appellant convicted under Section 396 IPC for participating in a dacoity that led to the murder of five people, including two minor children – Trial court sentenced appellant to death, and High Court confirmed – Supreme Court reviewed evidence, confirmed conviction, and upheld death sentence [Paras 1-13].

Evidence – Witness Testimony – Appellant's conviction based on the testimony of a minor eyewitness (PW-1), who identified the appellant – Defense questioned reliability due to her age – Supreme Court found her testimony credible, supported by other evidence, including recovery of blood-stained clothes and weapons linked to the appellant [Paras 4-6].

Role and Participation – Evidence of appellant’s active role in the crime, including possession of weapons used in the murders and blood-stained clothes, supported conviction – Court held appellant's actions were premeditated and brutal, justifying the death sentence [Paras 10-11].

Sentencing – Death Penalty – Court reiterated principles for awarding death penalty, finding case fell within the "rarest of rare" category – Brutality, premeditation, and the killing of defenseless victims, including children, warranted the death sentence – No mitigating circumstances found [Paras 9-11].

Decision: Appeals dismissed – Conviction and death sentence under Section 396 IPC upheld – Court found no merit in arguments against the reliability of eyewitness testimony or the appropriateness of the death sentence [Paras 12-13].

Arbitration – Bias Allegations – Contractor alleged bias on part of arbitrator, Chief Engineer of the respondent corporation, claiming unfair treatment and procedural irregularities – Supreme Court held that mere apprehension of bias without substantial evidence is not sufficient – Arbitrator's involvement in contract supervision did not disqualify him from acting as arbitrator, as agreed in the contract – Appeal dismissed, arbitration award upheld [Paras 1-33].

Arbitration Procedure – Arbitrator's Appointment – Arbitrator, being the Chief Engineer of the respondent corporation, was appointed as per arbitration clause in contract – Contractor's later objection to the arbitrator's appointment deemed unfounded, as it was not raised initially – Court emphasized that arbitration agreement terms are binding unless a valid ground for exclusion of named arbitrator is established [Paras 1-33].

Reasonable Apprehension of Bias – Court clarified that a reasonable apprehension of bias must be based on tangible evidence – Contractor failed to provide concrete evidence showing bias or misconduct by arbitrator – Allegations considered speculative and insufficient to overturn arbitration award [Paras 1-33].

Decision: Appeal dismissed – Arbitration award affirmed – No costs awarded.