SARFAESI Act – Taking Possession of Secured Assets – Banks invoked Section 14 without first attempting possession under Section 13(4) – High Court ruled that banks must attempt possession under Section 13(4) before invoking Section 14 – Supreme Court held that banks can directly invoke Section 14 without first attempting possession under Section 13(4) if resistance is anticipated [Paras 1-42].

Right to Appeal – Section 17 of the SARFAESI Act provides for an appeal against measures under Section 13(4) – Borrowers argued that direct invocation of Section 14 deprives them of the right to appeal – Supreme Court clarified that appeal under Section 17 is available after possession is taken, regardless of the method used [Paras 29-32].

Procedure Compliance – Compliance with Rule 8 – High Court required compliance with Rule 8 even for possession under Section 14 – Supreme Court disagreed, stating Rule 8 applies only to possession under Section 13(4) – Magistrate’s satisfaction under Section 14 is sufficient for possession without Rule 8 compliance [Paras 33-36].

Decision: Appeals allowed – High Court's orders set aside – Possession orders by Magistrates under Section 14 upheld – Borrowers entitled to seek restoration of property under Section 13(8) [Paras 40-43].

Criminal Law – Intentional Insult – Appeal against issuance of process under Section 504 IPC – Complainant alleged that the accused intentionally insulted her, provoking her to breach the peace – Magistrate took cognizance and issued process – Supreme Court held that at the complaint stage, Magistrate needs only to be prima facie satisfied of sufficient grounds to proceed – Detailed discussion on merits not required [Paras 1-12].

Ingredients of Section 504 IPC – Intentional insult must provoke breach of peace or other offense – Complaint must be read as a whole – Specific words need not be reproduced in the complaint – Magistrate can infer intent from circumstances and conduct – Supreme Court found prima facie case made out [Paras 13-15].

Decision: Appeal dismissed – Issuance of process under Section 504 IPC upheld by the Supreme Court.

Arbitration – Survival of Arbitration Clause – Dispute arose under previous agreements containing arbitration clause – New agreement (Exit paper) without arbitration clause superseded earlier agreements – Supreme Court held that arbitration clause does not survive when the contract containing it is superseded/novated by a later contract without such clause [Paras 6-8].

Novation of Contract – Exit paper signed by both parties did not include arbitration clause – New agreement comprehensively covered terms and conditions, rendering previous agreements void – Arbitration clause in previous agreements cannot be invoked for disputes under new agreement [Paras 7-8].

Decision: Appeal dismissed – High Court's order upheld, rejecting the application to refer dispute to arbitration under previous agreements [Para 9].

Criminal Law – Production of Original Complaint – Appellant sought production of original complaint leading to Anti-Corruption Bureau inquiry – Special Sessions Court and High Court rejected the application – Supreme Court held that the complaint triggered the inquiry but was not the basis for the charge-sheet or relied upon by the prosecution – No prejudice to accused from non-disclosure [Paras 1-10].

Fair Trial – Access to Documents – Reference to V.K. Sasikala case – Supreme Court distinguished this case, noting that the complaint was not part of the police report or in court custody – Emphasized the principle of fair trial and non-relevance of the complaint to the prosecution's case [Paras 7-10].

Decision: Special leave petition dismissed – High Court's order upheld, rejecting the request for the original complaint [Para 12].

Service Law – Seniority – Respondent promoted to Reader and given seniority from date of promotion – Claimed retrospective seniority from date of vacancy – High Court granted relief, finding hostile discrimination as ten others were granted retrospective seniority – Supreme Court found no evidence of discrimination as respondent governed by different rules [Paras 1-7].

Service Rules – Applicability – Distinction between promotions under different rules – Respondent's seniority governed by Rule 21 of 1990 rules, not by 2005 amended rules applicable to others – No entitlement to retrospective seniority without explicit provision in rules [Paras 6-15].

Legal Precedents – Applicability – High Court misapplied Keshav Chandra Joshi case, which dealt with seniority between direct recruits and promotees – Incorrectly inferred retrospective seniority principle [Paras 9-10].

Decision: Appeal allowed – High Court’s order set aside – Seniority of respondent to be reckoned from date of promotion [Para 17].

Criminal Law – Transfer of Investigation – Appellant sought transfer of investigation to CBI – High Court rejected the plea, finding no substantial grounds or subsequent events to warrant such transfer – Supreme Court upheld the High Court's decision, emphasizing the importance of exceptional circumstances for such transfers [Paras 1-15].

Judicial Principles – Exercise of Constitutional Powers – Transfer of investigation to CBI only in rare and exceptional cases – High officials’ involvement or prima facie biased investigation as possible grounds – Supreme Court highlighted that such transfers must instill public confidence and ensure a fair investigation [Paras 6-10].

Case Evaluation – Fifteen years of elapsed time – Multiple police officers involved in investigation – No specific malafide established against all officials – Supreme Court found no merit in transferring investigation at belated stage [Paras 11-14].

Decision: Appeal dismissed – High Court’s order upheld, rejecting the request for transfer of investigation to CBI [Para 15].

Property Law – Lis Pendens – Whether mortgagor can induct tenant during pendency of litigation – Mortgagee (Gangabai) purchased part of mortgaged property – Mortgagor (Respondents) inducted tenant (Respondent No. 1) without mortgagee's consent – Supreme Court held such induction during pending litigation violates Section 52 of the Transfer of Property Act – Lessee bound by litigation outcome [Paras 12-14].

Tenant Rights – Maharashtra Rent Act – Tenant inducted during subsistence of mortgage not protected under Maharashtra Rent Act – Legal principle affirmed by Supreme Court [Para 16].

Mortgage Law – Mortgagee's Right – Mortgagee entitled to possession despite mortgagor's actions – Induction of tenant by mortgagor without mortgagee’s consent held illegal and prejudicial to mortgagee's rights [Para 17].

Decision: Appeal allowed – Lower courts' judgments set aside – Appellant entitled to decree as prayed for, without mesne profits [Para 17].

University Administration – Appointment of Vice-Chancellors – Appointments made without effective consultation with State Government – Chancellor flouted mandate of law under Bihar State Universities Act, 1976 and Patna University Act, 1976 – Supreme Court upheld the need for effective consultation, transparency, and adherence to academic and moral standards – Quashed impugned notifications [Paras 1-15].

Consultation Requirement – Meaningful Consultation – Highlighted the necessity for meaningful and effective consultation between Chancellor and State Government – Emphasized preparation of a panel by considering persons of eminence in education, integrity, high moral standards, and character [Paras 6-10].

Legislative Intent – Ensuring High Standards – Court emphasized that appointments must promote public interest and higher education standards – Chancellor required to follow a transparent mechanism ensuring the best candidates are selected [Paras 11-14].

Decision: Appeals allowed – Impugned notifications quashed – Directions issued for fresh appointments in consultation with State Government [Para 15].

Criminal Law – Revisional Jurisdiction – Scope of High Court’s revisional jurisdiction under Sections 397 and 401 of CrPC while examining acquittal orders – Supreme Court reiterated the limited scope of revisional jurisdiction, emphasizing that re-appreciation of evidence is not permitted unless there is a manifest error of law or procedure causing miscarriage of justice [Paras 6-7].

Evidence – Evaluation – The High Court found that the Trial Court's acquittal order lacked clarity and overlooked material evidence – Supreme Court disagreed, noting that the Trial Court had adequately addressed all material aspects, and there was no justifiable reason for the High Court to interfere [Paras 8-9].

Witness Testimony – Reliability – Prosecution’s witnesses (PWs 1-4) claimed dowry harassment but had inconsistencies in their statements – Supreme Court highlighted contradictions between prosecution witnesses and medical evidence, undermining the prosecution’s case – Acquittal by the Trial Court held as a reasonable view [Paras 8-9].

Decision: Appeal allowed – High Court's order reversed – Acquittal of the appellant by the Trial Court restored [Para 10].