Land Acquisition – Incomplete Proceedings – Sections 4, 6, 11A of Land Acquisition Act – The High Court cannot compel the State to complete acquisition proceedings if they have lapsed under Section 11A – Government has the discretion to withdraw from acquisition at any stage before possession is taken, and owners are entitled to compensation for any damage suffered due to the notice or proceedings [Paras 2-9].

Court's Jurisdiction – Article 226 – Judicial Review – While the High Court can review administrative actions, it cannot compel the government to acquire property or pass an award outside the statutory framework of the Land Acquisition Act – Court cannot enforce instructions issued by higher authorities to subordinates if not governed by statute [Paras 9-10].

Compensation for Hardship – The Supreme Court recognized the prolonged suffering due to seepage from a canal project causing damage to petitioners' residential properties – Ordered the government to pay Rs. 1 lakh each to petitioners as damages for hardships, to be deposited within three months – This judgment does not prevent future acquisition if required in public interest [Paras 11-12].

Decision – Appeals dismissed – Petitioners awarded Rs. 1 lakh each for damages – Government to deposit the amount within three months [Para 12].

Land Reforms – Inam Abolition – Grant of Occupancy Rights – Section 4(2)(b) of the Karnataka Certain Inams Abolition Act, 1977 – The appellant, a religious Mutt, was granted occupancy rights over land – Respondents, claiming rights based on old mortgages, were denied occupancy rights – The High Court's decision to reject the Tehsildar's jurisdiction was challenged [Paras 1-5, 12].

Jurisdiction of Tehsildar – Karnataka Land Reforms Act, 1961 – Sections 130, 132 – The Tehsildar has jurisdiction to summarily evict unauthorized occupants – The High Court erred in holding that the Tehsildar lacked jurisdiction under the Land Reforms Act – The Tehsildar's order for possession based on the grant of occupancy rights to the appellant was valid [Paras 9-14].

Unauthorized Occupation – Mortgages and Tenancy – Mortgages from 1955 and 1967 did not confer tenancy rights – Section 43 of the Transfer of Property Act and Section 10 of the 1977 Act did not support the respondents' claims – The respondents' continued possession post-grant of occupancy rights was unauthorized [Paras 12-13, 15-18].

Decision – Appeals allowed – The order of the High Court is set aside – The Tehsildar's order for possession is restored – The Tehsildar is directed to hear the parties and pass final orders within three months – The respondents cannot raise jurisdictional issues based on old mortgages [Paras 18-19].

Criminal Procedure – Section 156(3) CrPC – Investigation and Cognizance – A judicial magistrate has the discretion to order an investigation under Section 156(3) CrPC before taking cognizance of an offence – If the magistrate orders such an investigation, they need not examine the complainant on oath at that stage – Once cognizance is taken, the magistrate must follow the procedure under Chapter XV of the CrPC [Paras 10-13].

Magistrate’s Discretion – When a magistrate receives a complaint, they are not bound to take cognizance immediately – They can order a police investigation under Section 156(3) CrPC if it serves justice and saves judicial time – If cognizance is taken, the magistrate can either issue process, order an inquiry, or dismiss the complaint based on the evidence and investigation [Paras 14-16].

High Court’s Jurisdiction – Section 482 CrPC – The High Court correctly refused to exercise its powers under Section 482 CrPC as the magistrate acted within their authority by ordering an investigation under Section 156(3) CrPC before taking cognizance [Paras 19-20].

Decision – Appeals dismissed – The magistrate’s order for investigation under Section 156(3) CrPC upheld – High Court's refusal to quash the prosecution under Section 482 CrPC affirmed [Para 20].

Proof of Will – Section 63(c) of the Indian Succession Act: The will, although over 30 years old, must be proved as per the specific requirements for wills under Section 63(c) of the Succession Act, which involves attestation by two or more witnesses in the presence of the testator. The presumption under Section 90 of the Evidence Act regarding documents over 30 years old does not automatically apply to wills [Paras 15-16].

Concurrent Findings – High Court’s Intervention: The High Court was correct in intervening in the second appeal due to the erroneous interpretation of evidence by the lower courts. The High Court framed a substantial question of law concerning the validity and proof of the will [Paras 13-14].

Testimony of Attesting Witnesses – Section 68 and 71 of Evidence Act: One attesting witness's testimony, supported by attendant circumstances and the continuous handwriting of the scribe, was deemed sufficient to prove the will's execution. Despite the lack of explicit statements from the attesting witness, the other evidence and inferences drawn from the circumstances were sufficient under Section 71 of the Evidence Act [Paras 17-22].

Judicial Conscience and Will Validity: The court emphasized its role in satisfying its conscience regarding the will's validity, focusing on the totality of circumstances, including the context of the testator’s intent and the preservation of the testator's property for her relatives rather than a stepson [Paras 23-24].

Decision: The appeal was dismissed. The judgment of the High Court was upheld, and the suit filed by the respondents was decreed. The respondents were granted a declaration of their title to the suit property and a permanent injunction against the defendants, with entitlement to recover possession and future mesne profits if their possession was disturbed [Para 25].

Credibility of Injured Witnesses – Great Weight: Testimony of injured witnesses is given significant weight, as it is unlikely they would falsely implicate an innocent person while sparing the real culprit. However, such evidence must still align with the probabilities of the case and be carefully scrutinized​​.

Common Object – Conviction Under IPC Sections 302/149 and 307: The prosecution successfully proved the place, time, and manner of the assault. The post-mortem report confirmed the homicidal nature of the deceased’s injuries, which were caused by multiple individuals. The conviction under Section 302 IPC was altered to Section 304 Part I IPC, considering the nature of the intent behind the injuries​​.

Appreciation of Evidence – Interested Witnesses: Evidence from interested witnesses cannot be discarded solely on that basis if it is otherwise reliable and corroborates the prosecution’s case. The court must scrutinize such evidence carefully and accept it with caution​​.

Decision: The appeal was partially allowed. The conviction under Section 302 IPC was converted to Section 304 Part I IPC, and the sentence was modified to rigorous imprisonment of 10 years with a fine of Rs. 5000 each. In default of payment, the appellants would undergo further rigorous imprisonment for six months. Half of the fine collected was to be paid to the deceased's wife as compensation​​.

Murder – Section 302 IPC – Conviction Altered to Section 304 Part II IPC: The appellant had no prior enmity or motive against the deceased. The incident occurred during a sudden quarrel without premeditation. The appellant’s act of inflicting injury was in the heat of passion upon a sudden quarrel. The conviction under Section 302 IPC was altered to Section 304 Part II IPC, as the appellant had knowledge that his actions were likely to cause death, but without the intention to kill​​ .

Compensation to Victims – Section 357 CrPC: Courts are mandated to consider the question of awarding compensation to victims in every criminal case. The provision under Section 357 CrPC is intended to provide relief to victims and should not be overlooked. The Court emphasized the importance of applying this provision to ensure victims are not forgotten in the criminal justice system​​ .

Application of Mind – Mandatory Duty: The Court must apply its mind to the question of compensation in every criminal case. Disclosure of application of mind is best demonstrated by recording reasons for awarding or refusing compensation. This duty ensures that the victims' rights are considered and upheld in the criminal justice process​​ .

Decision: The appeal was allowed in part. The conviction under Section 302 IPC was converted to Section 304 Part II IPC. The appellant was sentenced to rigorous imprisonment for a period of five years. The fine imposed and the default sentence awarded by the lower courts remained unaltered. The courts were reminded of their duty to consider compensation for victims in accordance with Section 357 CrPC​​ .

Murder and Attempt to Murder – Sections 302 and 307 IPC: The appellant was initially sentenced to death for the murder and life imprisonment for the rape of the deceased. The High Court modified the sentence of death to life imprisonment, taking into account the age of the appellant and the circumstances of the case. The Supreme Court upheld the conviction and the modified sentence​​.

Eye-Witness Testimony – Credibility: The conviction was based primarily on the testimony of an eye-witness, who was employed by the appellant under compulsion. The Supreme Court found no reason to disbelieve the testimony of the eye-witness, who provided a detailed account of the incident and whose statements were corroborated by other evidence​​.

Medical Evidence – Corroboration of Prosecution Case: The medical evidence, including the post-mortem report, corroborated the prosecution's case. The injuries noted by the doctor were consistent with the testimony of the eye-witness, supporting the conclusion that the deceased died of asphyxia due to throttling​​.

Remission and Commutation – Executive Power: The Supreme Court emphasized that while the executive has the power to grant remission under Articles 72 and 161 of the Constitution, this power must be exercised cautiously, especially in cases involving heinous crimes. The appellant's argument for release after 14 years of imprisonment was rejected​​.

Decision: The appeal was dismissed. The Supreme Court upheld the High Court's decision to commute the death sentence to life imprisonment, maintaining the rigorous imprisonment for the offense of rape along with the fine imposed. The Court reiterated the need for careful consideration of remission in cases of serious offenses​​.

Scheduled Tribe Status – Certificate Requirement: The Public Service Commission of West Bengal was justified in considering the respondent's application as a general candidate for recruitment to the West Bengal Judicial Service Examination 2007 due to the non-production of the requisite ST certificate from a competent authority as mandated by the West Bengal Scheduled Castes and Scheduled Tribes (Identification) Act 1994. The guidelines laid down in Kumari Madhuri Patil's case were found inapplicable in this context​​.

Recruitment Procedure – Compliance with Notification: The notification for the examination explicitly required candidates claiming to be from SC/ST/BC to produce a certificate from a competent authority. The respondent failed to comply with this requirement, which led to his classification as a general category candidate. The Supreme Court upheld the Commission's decision and emphasized the importance of adhering to the specific conditions stipulated in the notification​​.

Remedial Actions – Prospective Application: The respondent's subsequent production of the required certificate in the 2010 examination was acknowledged, and it was noted that he would be considered for appointment as a judicial officer in the West Bengal Judicial Service based on this later compliance​​.

Decision: The appeal was allowed. The Supreme Court set aside the High Court's judgment, upholding the Commission's decision to treat the respondent as a general category candidate for the 2007 examination due to the lack of a valid ST certificate from the competent authority at that time. No costs were imposed​​.

Compensation – Provident Fund, Pension, and Insurance – Not Deductible: Benefits such as provident fund, pension, and insurance are deferred payments based on contributions made by the employee and are thus not related to the accidental death governed by the Motor Vehicles Act. These benefits are not deductible as "pecuniary advantages" in compensation calculations​​.

Compassionate Appointment – Not a Pecuniary Advantage: The salary received from compassionate appointment does not fall under "pecuniary advantage" as it is a service condition benefit and not directly linked to the accident causing death. Therefore, it should not be deducted from the compensation under the Motor Vehicles Act​​.

Income Tax Deduction – Required for Salary: For salaried individuals, income tax must be deducted from their gross salary to determine the actual income for compensation calculation. This is consistent with the principle that compensation should be calculated based on net income after taxes​​.

Just Compensation – Consideration of Future Prospects: The compensation awarded must take into account future income prospects and advancements. In this case, a 100% increase was justified, reflecting the deceased's potential career progression and salary revisions over time​​.

Decision: The appeal was allowed. The Supreme Court modified the compensation to Rs. 2,973,000, inclusive of future prospects, consortium, and funeral expenses. The compensation awarded by the Tribunal and the High Court was revised to ensure just and fair compensation to the dependents​​.