Pension Law - Eligibility for Past Service Counting - Civil Appeal against High Court decision denying pension benefits - Applicability of Maharashtra Civil Services (Pension) Rules and Government Resolution - Supreme Court interprets Rule 48(3) allowing condonation of service interruptions - Holds that the appellant's service period from 21.06.1950 to 18.07.1960 should be counted for pension computation - High Court judgment set aside - Directions to count past service and provide pension arrears. [Paras 1-16]

Condonation of Service Interruptions - Rule Interpretation - Held - Interruption between two spells of service to be treated as automatically condoned per Rule 48(3) - Specific service record indication required to deny condonation - Appellant’s resignation treated as a notional break - Past service to be included in pension computation. [Para 13-14]

Decision - Grant of Pension Benefits to Appellant - High Court order refusing pension benefits set aside - Respondents directed to count past service from 21.06.1950 to 18.07.1960 for pension calculation - Consequential benefits including arrears to be paid within three months - Interest at 8% on delay. [Para 15-16]

Criminal Law - Conviction on Circumstantial Evidence – Appeal against the High Court’s decision affirming death sentence – Involvement of appellant in the murder of a foreign national, based on last seen evidence, confession, and recovery of the victim’s skeleton from appellant’s house – Examination of circumstantial evidence and scientific methods used to establish guilt – Conviction upheld, but death sentence commuted to life imprisonment considering lack of evidence on the manner of crime. [Paras 1-37]

Recovery of Evidence - Admissibility and Chain of Custody – Confession and recovery of victim’s skeleton from appellant’s house – Legal scrutiny of recovery under Section 27 of the Indian Evidence Act and its admissibility as evidence – Court finds compliance with legal provisions and confirms recovery was credible. [Para 20]

DNA Evidence - Scientific Reliability – Use of DNA profiling to establish the identity of the recovered skeleton – Discussion on the reliability and admissibility of DNA evidence – DNA test confirmed the identity of the victim as Diana Clare Routley, supporting the prosecution’s case. [Paras 31-34]

Rarest of Rare Doctrine - Sentencing – Consideration of whether the case falls under the rarest of rare category warranting death sentence – Court notes absence of evidence on the barbaric manner of the crime – Death sentence commuted to life imprisonment with 20 years of rigorous imprisonment, without remission. [Paras 36-37]

Decision: The Supreme Court upheld the conviction of the appellant but commuted the death sentence to life imprisonment with 20 years of rigorous imprisonment without remission, taking into account the absence of evidence on the manner in which the crime was committed.

Administrative Law - Compassionate Allowance - Grant Criteria - The appeal concerns the grant of compassionate allowance under Rule 41 of the Central Civil Services (Pension) Rules, 1972. The Supreme Court emphasized the necessity of evaluating whether the delinquency leading to dismissal constitutes moral turpitude, dishonesty, personal gain, or harm to third parties. In the absence of such severe misconduct, compassionate allowance should be considered based on mitigating circumstances. The authorities failed to apply the correct parameters, resulting in the quashing of previous orders and remand for reconsideration. [Paras 12-17]

Employment Law - Unauthorized Absence - Disciplinary Action - The appellant, a police constable, was dismissed for unauthorized absence for 320 days. Despite justifying the dismissal, the Court noted the significance of evaluating mitigating factors for compassionate allowance, including the appellant's unblemished service record and personal hardships. [Paras 1-3, 16]

Decision - Reconsideration of Compassionate Allowance - The Supreme Court set aside the denial of compassionate allowance by administrative authorities and lower courts, directing a fresh consideration based on laid down criteria, focusing on the appellant's circumstances and past service. [Paras 17-18]

Criminal Law - Right of Private Defence - Conviction and Sentence - Appeal by State against acquittal - High Court's acceptance of right of private defence for accused leading to modification of conviction - Appeal against the acquittal of co-accused by the High Court - Justifiability of the acquittal and extent of right of private defence scrutinized - Held, High Court's finding on right of private defence and conversion of conviction justified based on material evidence - Conviction u/s 304 Part I IPC and acquittal of co-accused upheld. [Paras 8-18]

Right of Private Defence - Burden of Proof - Analysis of Evidence - Right to defend property recognized - Accused Rajkumar's act of firing held to exceed right of private defence - Ocular and documentary evidence supports existence of property dispute and threat - Burden on accused to establish right of private defence discharged through preponderance of probabilities - No common intention to commit murder established for co-accused - Section 34 IPC not applicable in the circumstances. [Para 10-14]

Decision - Dismissal of State's Appeal - High Court's modification of conviction to Section 304 Part I IPC and acquittal of co-accused Hemant Kumar affirmed - Rajkumar's action deemed excessive under right of private defence - Constructive liability under Section 34 IPC not attracted for co-accused - Appeal by State dismissed. [Para 18]

Criminal Law - Dying Declaration - Credibility and Reliability - Appeal against High Court decision reversing trial court acquittal - Trial court doubted the credibility of the dying declaration due to overwriting, different ink usage, and lack of direct recording from the declarant's mouth - High Court convicted based solely on the dying declaration - Supreme Court reinstated acquittal due to reasonable doubt about the dying declaration's reliability - Held, dying declarations must be direct, credible, and inspire confidence without alterations to form the sole basis of conviction. [Paras 7-19]

Appellate Jurisdiction - Appeal against Acquittal - Principles - High Court's power to review acquittal and convict - Presumption of innocence strengthened by acquittal - Acquittal to be reversed only for compelling reasons - Supreme Court emphasized the deference to trial court's advantage of seeing witnesses and evaluating credibility first-hand - Interference by appellate court justified only if trial court's view is palpably wrong - High Court's interference held unjustified as trial court's view was reasonable and based on a detailed evaluation of evidence. [Paras 10-20]

Decision - Acquittal Reinstated - Supreme Court allowed the appeals, set aside the High Court's judgment, and restored the trial court's acquittal - Appellants ordered to be released immediately unless required in another case. [Paras 21]

Municipal Law – Encroachment on Public Land – Civil Appeal – Suit filed by the respondent for declaration of title and permanent injunction against Nagar Palika Parishad, Mihona, claiming ancestral property rights over the public road – Appellant issued notices under Sections 187 and 109 read with Section 223 of the Madhya Pradesh Municipalities Act, 1961 to remove encroachment – Trial court and appellate court decreed in favor of respondent, dismissing the appellant's claim – High Court upheld lower court decisions – Supreme Court held the suit not maintainable due to non-compliance with Section 319 of the Act, 1961, requiring statutory notice before filing suit against a municipal council – Appeal allowed, lower court judgments set aside. [Paras 1-11]

Statutory Notice – Requirement for Filing Suit – Analysis – Held – Section 319 of the Madhya Pradesh Municipalities Act, 1961 mandates a notice period before instituting a suit against a municipal council – Respondent's suit for declaration of title and permanent injunction lacked compliance with this statutory requirement – Suit dismissed for failing to observe mandatory preconditions, protecting procedural integrity. [Para 7-9]

Decision – Maintainability of Suit – Supreme Court quashes the judgments of the trial court, appellate court, and High Court – Emphasizes the statutory necessity of notice under Section 319 – Reiterates the importance of adherence to procedural rules in legal proceedings involving municipal authorities. [Para 11]

Motor Vehicles Act – Compensation – Liability of Insurance Company – Deemed Transfer of Policy – Section 157 of Motor Vehicles Act – Appeal against High Court's decision relieving insurance company from liability due to lack of formal policy transfer. Supreme Court held that the insurance policy benefits transfer with vehicle ownership transfer under Section 157, even without intimation to the insurer – Commissioner’s finding that ownership transferred and policy valid on accident date upheld – National Insurance Company liable to pay compensation. [Paras 1-17]

Employee-Employer Relationship – Accident Arising in Course of Employment – Held – Deceased driver was employed by vehicle owner Jeeva Rathna Setty – Relationship and employment established – Accident occurred during the course of employment – Compensation rightfully claimed by legal representatives. [Para 5-7, 10, 15]

Insurance Policy Validity – Transfer of Ownership – Deemed Policy Transfer – Section 157 – Evidence of vehicle ownership transfer on accident date crucial – Policy benefits extend to new owner despite non-intimation to insurer – High Court’s exclusion of liability overturned – Supreme Court restores Commissioner’s decision. [Paras 8, 13-15]

Decision – Appeal Allowed – Supreme Court sets aside High Court judgment – National Insurance Company held jointly and severally liable with vehicle owner – Compensation of Rs. 3,67,275/- to be paid to appellants – No order as to costs. [Para 16-17]

Criminal Law – Negotiable Instruments Act – Cheques Dishonored – Authority to File Complaint – Criminal Appeal against High Court order dismissing appeals due to the lack of authorization – Appellant-Federation supplied goods to Respondents who issued cheques that were dishonored – Complaints dismissed by Judicial Magistrate and upheld by High Court due to failure to produce authorization document – Supreme Court held that procedural defects should not defeat substantive rights – Allowed appellant to produce authorization document and remitted the case back to the Trial Court for fresh trial. [Paras 1-9]

Procedure – Importance of Authorization – Analysis – Held – It is crucial to ensure proper authorization in legal actions – Noted that the appellant-federation had the authorization but failed to present it initially – Emphasized that procedural lapses should not overshadow substantive justice – Court directed opportunity to present authorization afresh. [Para 7-8]

Decision – Remand to Trial Court – Court set aside the judgments of the lower courts and remanded the matter back to the Trial Court – Directed fresh consideration of the authorization and expedited trial – Highlighted the public interest due to the involvement of public funds. Appeals disposed of with directions to Trial Court for fresh trial considering the authorization document. [Para 8-9]

Criminal Law – Quashing of FIR and Chargesheet – Criminal Appeal against refusal to quash proceedings – Allegations of conspiracy and forgery in financial transactions involving car and education loans, and cash credit facility – Full repayment of due amounts under private settlement – High Court’s refusal to quash proceedings upheld – Power under Section 482 CrPC must be exercised cautiously in cases involving serious charges under Prevention of Corruption Act – Distinction between private disputes and offences with public ramifications – Appeal dismissed. [Paras 1-14]

Role of Accused in Financial Misconduct – Analysis – Held – Substantial charges under IPC and PC Act – Unlike Nikhil Merchant case, charges not merely of cheating but involve serious allegations of corruption – Settlement between parties does not automatically warrant quashing – Application of principles from Gian Singh regarding non-compoundable offences and societal impact – Private settlements insufficient to negate criminal proceedings involving public interest. [Para 10-14]

Decision – Dismissal of Appeal – Affirmation of High Court decision – Charges of conspiracy and substantive offences under IPC and PC Act – Private settlement not adequate for quashing criminal proceedings – Exercise of inherent power under Section 482 CrPC dependent on nature of charges and societal impact – Appeal dismissed, upholding ongoing criminal proceedings. [Paras 10-14]