SARFAESI Act – Sale of Secured Assets – Appeals against High Court order validating sale – Allegation of non-compliance with mandatory provisions of the SARFAESI Act and Security Interest (Enforcement) Rules – Sale conducted without written terms agreed upon for private treaty – Violation of borrower’s rights under Article 300A – Held, sale null and void due to non-compliance with statutory requirements – High Court judgment affirmed, sale set aside – Direction for refund of sale consideration with interest and return of possession to borrowers. [Paras 1-29]

Mandatory Provisions – SARFAESI Act – Enforcement of Security Interest – Requirement for written terms in private treaty sales – Violation of Rule 8(8) of Security Interest (Enforcement) Rules – Borrowers’ rights protection – Held, absence of written agreement for sale by private treaty renders sale invalid – Compliance with statutory provisions essential for valid enforcement of security interest. [Paras 15-18]

Refund and Possession – Sale Consideration Refund – Calculation of interest – Appellants’ bona fide purchaser status – Sale invalidated due to procedural lapses by bank – Directions for bank to refund FDR proceeds with accrued interest – Borrowers to pay appellants sale consideration with 18% interest – Appellants to return possession upon receiving payment. [Paras 25-28]

Decision – Sale in favor of appellants null and void – High Court's judgment upheld – Sale set aside due to procedural violations – Appellants to be refunded with interest – Respondent Nos. 1 and 2 to regain possession of property after payment to appellants. [Paras 1-29]

Interpretation of Statutory Rules and Retrospective Application – Non-Construction Fee – Punjab Urban Planning Legislation – Held: The High Court misapplied the decision in Tehal Singh's case to the facts at hand, overlooking the specific conditions accepted by the respondent at the time of allotment and his subsequent conduct. The doctrine of "approbate and reprobate" was crucial, preventing the respondent from accepting the benefit of an extension while later challenging the fee.

Application of Doctrine of Estoppel – Doctrine of Election – Held: The respondent, having availed the extension under specific terms, is estopped from denying the validity of such terms later. The respondent's conduct falls within the scope of estoppel by election, barring him from contesting the extension fee after benefitting from the extended time for construction.

Decision – Appeal Allowed – High Court Order Set Aside – Costs: The Supreme Court allowed the appeals, set aside the High Court's order, and reinstated the validity of the extension fee notices. No costs were awarded.

Partition and Self-Acquired Property – Burden of Proof – Civil Appeal against High Court's judgment reversing trial court's findings – High Court error in placing burden on defendants to prove self-acquisition – High Court's incorrect presumption of property being joint – Trial court's findings on complete partition affirmed – Appeal allowed and plaintiffs’ suit dismissed. (Para15−22)

Partition of Joint Property – Family Arrangement – Analysis – Held – High Court's acceptance of trial court's finding on complete partition but misapplication in burden of proof regarding self-acquisition of Nageshwarwadi property – Presumption of jointness does not apply post-proven partition – Burden on plaintiffs to prove property remained joint. (Para19−21)

Decision – Reversal of High Court Judgment – Appeal allowed – High Court’s reversal of trial court’s finding on Issue No. III set aside – Trial court’s judgment on complete partition and self-acquisition of Nageshwarwadi property affirmed – Suit of the plaintiffs dismissed. (Para22)

Criminal Law - Murder Conviction - Dying Declarations - Criminal Appeal against conviction for murder under Sections 302, 304 read with Section 34 IPC - Conviction based on multiple dying declarations recorded by police and magistrate - Appellant argued inconsistencies in dying declarations and lack of corroborative evidence - Supreme Court found no material inconsistencies in the dying declarations, which were corroborated by other circumstantial evidence - Held that dying declarations were properly recorded, and the deceased was in a fit state to give her statement - Conviction and sentence upheld. [Paras 1-16]

Admissibility of Dying Declarations - Evidence Act, 1872 - Section 32 - Analysis of the legal principles surrounding the admissibility of dying declarations - Supreme Court reiterated that dying declarations, if found genuine and made in a fit state of mind, can form the sole basis for conviction without requiring corroboration - No substantial inconsistencies found in the dying declarations recorded by the police and magistrate - Statements consistent and supported by circumstantial evidence - Conviction based on dying declarations held valid. [Paras 6-10]

Intoxication and Intention to Kill - Penal Code, 1860 - Sections 300, 304 - Appellant argued that he was intoxicated and did not intend to kill - Supreme Court rejected the argument, holding that intoxication does not mitigate the offence - Appellant was presumed to know the consequences of his actions - Held that the appellant had the requisite intention to cause death despite being intoxicated - Conviction under Section 302 IPC upheld. [Paras 10-12]

Premature Release Guidelines - Consideration for premature release under the Government of Maharashtra Resolution for life convicts - Supreme Court directed the State Government to consider the appellant's case for premature release as per guidelines, given that he had already served more than 16 years of imprisonment without remission. [Paras 13-15]

Decision - Conviction and sentence of life imprisonment under Section 302 IPC upheld - Appeal dismissed - Supreme Court directed State Government to consider appellant’s case for premature release in accordance with relevant guidelines. [Paras 12-16]

Criminal Law - Circumstantial Evidence - Last Seen Theory – Criminal appeal against the High Court judgment affirming the conviction and sentence of the appellant for murder and causing the disappearance of evidence – Prosecution's reliance on circumstantial evidence and last seen theory – Supreme Court reiterates that in cases based on circumstantial evidence, the facts must be proven beyond reasonable doubt and should be closely linked to the main fact of the crime – Mere non-explanation by the accused cannot lead to proof of guilt – Held that the prosecution failed to establish motive and connectivity between the accused and the crime – Conviction based solely on suspicion is not sustainable - Conviction and sentence set aside – Appellant acquitted. [Paras 8-15]

Analysis of Evidence - Medical Evidence and Witness Testimonies – The post-mortem report confirmed homicidal death due to strangulation – Testimonies of prosecution witnesses, particularly on the last seen theory, and alleged motive of illicit relationship – Witness PW4 declared hostile – Lack of substantial evidence of motive and inconsistent witness testimonies – Court finds no incriminating evidence directly linking the accused to the crime. [Para 10-14]

Decision – Appeal Allowed – Conviction and Sentence Quashed – Court directs the release of the appellant, giving the benefit of doubt due to insufficient evidence establishing guilt beyond reasonable doubt. [Para 15]

Corporate Law – Winding Up and Lease Termination – Civil Appeal against High Court order dismissing appeal of promoter/shareholder of company in liquidation – Appellant challenged termination of lease-cum-sale agreements and resumption of industrial plots by Karnataka Industrial Areas Development Board (Board) – Supreme Court upheld the High Court's decision – Held that termination of lease agreements by the Board was justified due to company's failure to establish industrial unit within stipulated time – No prior permission of Company Court required for termination of lease, only for resumption of possession – Appeal dismissed. [Paras 1-46]

Status of Lease-cum-Sale Agreements – Analysis – Held – Lease-cum-sale agreements provided for purchase of property at the end of lease period on fulfilling specific conditions – Company failed to establish factory as per agreement terms – Right to purchase did not accrue – Lease was validly terminated by the Board. [Para 23-25]

Requirement of Prior Permission – Section 537 of Companies Act – Held – Prior permission of Company Court not required for termination of lease – Necessary only for resumption of possession – Board's action of seeking court permission for possession resumption post-termination was correct. [Para 38-39]

Validity of Company Court's Order – Held – Company Court's order allowing Board to resume possession of land was justified – Company in liquidation had no viable rehabilitation scheme – Land was not needed for company’s revival – Appeal dismissed. [Para 44-45]

Decision – Appeals Dismissed – The Supreme Court dismissed the appeals, affirming the High Court's order. The termination notice dated 19.1.2002 issued by the Board was deemed valid. The Company Judge's order permitting the Board to take possession of the land was also held to be legal and justified. Consequently, the appeals arising out of SLP (Civil) ...CC 14177-14180/2011 were dismissed. [Para 45-46]

Criminal Law - Dying Declaration – Severability of the dying declaration – Reliability of testimony of alibi witnesses – Appeals against conviction for murder based on dying declaration of the deceased. The court deliberated on the admissibility and veracity of the dying declaration, particularly considering the possibility of alibi. The court found that although the dying declaration implicated all accused, the evidence supported the alibi of Prem Nath and Raj Bala, while evidence also suggested the possibility of suicide by the deceased, Asha Devi. – Held that the involvement of Prem Nath and Raj Bala in the crime was improbable due to a credible alibi. Benefit of doubt given to other accused due to insufficient corroborative evidence for the dying declaration. – Resulted in acquittal of Prem Nath and Raj Bala, and benefit of doubt extended to remaining appellants. [Paras 1-45]

Evidence - Reliability of Alibi – Analysis – Held – Prem Nath and Raj Bala provided sufficient proof to establish their alibi, corroborated by multiple witnesses and records. Noted that the prosecution's evidence did not convincingly disprove their alibi, and the trial court's rejection of the alibi was speculative. The alibi demonstrated the physical impossibility of the accused being present at the crime scene at the relevant times. [Para 24-37]

Dying Declaration - Severability and Veracity – Analysis – Held – The court found the dying declaration of Asha Devi to lack sufficient corroboration. Noted that the dying declaration could not be partially accepted to convict specific accused while rejecting it for others, due to its comprehensive and non-segregable nature implicating all accused uniformly. Highlighted the significance of additional witness testimonies suggesting alternative possibilities like suicide. [Para 38-42]

Decision – Acquittal and Benefit of Doubt – Court acquitted Prem Nath and Raj Bala based on strong alibi evidence. Extended the benefit of doubt to Jumni and Sham Lal due to the lack of irrefutable evidence proving their guilt beyond a reasonable doubt. Both appeals allowed. [Para 43-46]

Environmental Law - Protection of Forests - Writ Petition under Article 32 challenging the destruction of tropical rain forests - Alleged large-scale deforestation in Nilgiris and conversion of forest land into plantations - Encroachment by vested interests in collusion with local authorities - Supreme Court reiterates need for forest preservation and upholds national forest policies and protective legislation. [Paras 1-7]

Doctrine of Public Trust - Application and Enforcement - Supreme Court reiterates the Doctrine of Public Trust, holding the State responsible for preserving natural resources for public use and environmental protection - Emphasizes intergenerational equity and the need for strict measures to prevent deforestation. [Paras 16-17]

Compensatory Afforestation Fund Management and Planning Authority (CAMPA) - Implementation and Functioning - Supreme Court directs operationalization of CAMPA for effective utilization of funds collected for compensatory afforestation - Orders creation of an Ad-hoc CAMPA to manage and release funds to State CAMPAs - Lays down guidelines for the management and disbursement of funds. [Paras 8-12, 20-21, 31-33]

Financial Management - Release and Utilization of CAMPA Funds - Supreme Court permits Ad-hoc CAMPA to annually release funds equivalent to 10% of the principal amount lying to the credit of each State/Union Territory, subject to conditions - Directs comprehensive monitoring and evaluation to ensure proper utilization of funds for afforestation and conservation activities. [Paras 22-23, 28-30, 32]

Decision - Court modifies previous orders, directing the release of funds by Ad-hoc CAMPA and setting conditions for their use - Directs National CAMPA Advisory Council to issue guidelines on permissible and non-permissible uses of CAMPA funds - Applications disposed of with specific directions for the implementation and monitoring of afforestation activities. [Paras 31-34]

Constitutional Law - Article 21 - Right to Life - Violation - Failure of State to Protect- The petition, filed by a law student, highlighted the failure of the state to act on multiple complaints of sexual harassment and threats by Itishree Pradhan, a government teacher. Despite her numerous complaints, no significant action was taken by the authorities, resulting in her being set ablaze by an assailant, leading to her death. The Supreme Court emphasized the state's duty to protect individuals' right to life under Article 21. [Paras 1-3, 6]

Criminal Law - Investigation - Transfer to CBI - Post-Charge Sheet Filing-

The Supreme Court held that the power to transfer an investigation to the CBI post-charge sheet filing should be exercised sparingly. In this case, despite the gravity of the allegations and the perceived political influence, the court found no compelling reasons to transfer the investigation as the local agency had filed a charge sheet and kept the investigation open under Section 173(8) CrPC. [Paras 7-9, 11]

Criminal Law - Accountability of State Officials - Administrative Inquiry-

The Court noted lapses and indifference by state officials in responding to the deceased's complaints. It directed the state to conduct a detailed administrative inquiry to ascertain any further culpability of officials for inaction or negligence, leading to disciplinary actions if warranted. [Paras 10, 12]

Decision - The writ petition was disposed of with directions to proceed with the criminal trial of the accused without delay and to complete the investigation against the unidentified accomplice promptly. Additionally, the state was instructed to hold an administrative inquiry to determine and address any further negligence by its officials. The Court acknowledged the petitioner's efforts in bringing the matter to light. [Paras 11-13]