Religious Endowment – Execution of Compromise Decree – Dispute between two sects of Kuruba community over custody of idols and performance of pooja to deity Lord Sangalappa Swamy – Compromise decree passed on 01.11.1933 provided for rotational pooja, joint trusteeship, and shared possession of idols and articles – Execution Petition filed in 2000 alleging non-compliance by respondents – Held: Appellants failed to prove breach or that respondents were ever in possession – Execution cannot be granted based on presumptions – High Court rightly set aside Executing Court’s order [Paras 1–2, 5–7, 23–28]

Civil Procedure – Execution of Decree – Onus on Decree-Holder – Decree-holder must prove willful disobedience or breach of decree by judgment-debtor – No evidence adduced to show rotation of idols occurred or that Rs.2,000/- was paid as per Clause (1) of decree – Decree not acted upon for decades – Mere long silence cannot be presumed as compliance – Held: Presumption cannot substitute proof in execution proceedings [Paras 24–26, 28]

Religious Practices – Implementation of Ritual Rotation – Compromise decree required rotation of idols every six months and alternating pooja every three months – Also required appointment of two trustees from each group – No material produced to prove appointment of trustees or maintenance of accounts – Admitted failure to implement decree – Held: Scheme under decree never operationalised – Absence of compliance points to continued exclusive possession by appellants themselves [Paras 25–27]

Evidence – Presumption vs Proof – Executing Court proceeded on presumption that respondents had custody due to absence of prior dispute – However, no documentary or independent evidence produced – Testimony of witnesses consisted of bare assertions – Appellants’ own witness admitted uncertainty regarding custody and non-payment of Rs.2,000/- – Held: Findings based on assumption without proof are legally unsustainable [Paras 24–26]

Execution of Consent Decree – Long Delay and Inaction – Compromise decree passed in 1933 – Execution sought only in 2000 – No proof of continuous implementation – No trustee system shown to have been followed – Non-payment of agreed amount by respondents evident – Held: Decree never acted upon – Execution barred due to lack of factual foundation [Paras 6, 7, 25–28]

Findings of Fact – High Court’s Interference with Executing Court – High Court reversed Executing Court’s order due to lack of evidence and reliance on mere inferences – Findings of fact revisited only where trial court’s findings are based on conjecture or are unsupported – Held: High Court committed no error in setting aside execution on factual grounds [Paras 13, 28–29]

Decision: Appeals dismissed – No interference warranted with High Court’s judgment setting aside execution of 1933 compromise decree – Execution Petition rightly held unsustainable for lack of proof [Para 29]

Tenancy Law - Rent Control – Eviction on Ground of Wilful Default – Lessee initially paid rent at Rs.33,000/- p.m. against landlord’s claim of Rs.48,000/- – Rent Controller fixed fair rent at Rs.2,43,600/- p.m. with effect from 01.02.2005 – Lessee neither sought nor obtained stay of fair rent order – Lessee continued paying lower amount despite finality of fair rent order – Arrears accumulated and full settlement only made on 11.01.2013 – Held: Failure to pay fair rent despite judicial determination and absence of stay constitutes wilful default – Eviction rightly ordered [Paras 21, 22, 24, 28, 32]

Rent Control – Determination of Wilful Default – Fair rent fixed by Rent Controller not stayed at any stage of appellate or revisional proceedings – Despite confirmation by appellate authority and partial modification by High Court, lessee delayed payment for several years – Payments made only in instalments and belatedly – Held: Such conduct evidences deliberate and conscious default – Explanation to Section 10(2)(i) of Tamil Nadu Rent Control Act does not require notice as mandatory precondition – Rent Controller retains discretion to assess wilfulness even in absence of notice [Paras 21–28]

Civil Procedure – Effect of Appeal Without Stay – Appeal or revision against order fixing fair rent does not by itself operate as stay – Lessee cannot claim protection merely due to pendency of appeal when no stay was obtained – Judicial finality attaches to Rent Controller’s order unless stayed or overturned – Held: Non-payment during pendency without stay cannot absolve lessee of wilful default [Paras 23, 24, 29–31]

Interpretation of Statutes – Explanation to Section 10(2)(i), Tamil Nadu Rent Control Act – Two-month notice by landlord creates statutory presumption of wilful default – However, absence of such notice does not bar eviction – Rent Controller may still determine wilfulness based on tenant's conduct – Wilful default inferred from deliberate non-payment despite judicial directions – [Paras 25–27]

Tenant’s Conduct – Instalment Payments and Arrears – Tenant cleared arrears only after dismissal of SLPs and after six years from fair rent order – Arrears not cleared promptly despite legal notice and judicial pronouncements – Held: Belated payments do not negate wilfulness where delay is deliberate and unexplained – Pendency of appeal not sufficient justification [Paras 22, 29–31]

Revisional Jurisdiction – High Court’s Interference – High Court rightly declined interference with concurrent findings of appellate authority on wilful default – No jurisdictional error or perversity shown – Held: Revisional court need not re-appreciate facts absent material error or illegality – [Para 32]

Final Relief – Appeal dismissed – Eviction order affirmed – Appellants granted six months' time to vacate subject to filing of usual undertaking within two weeks – In default, landlord entitled to initiate execution [Paras 33, 34]

Decision: Appeal dismissed – Eviction upheld – Time of six months granted to vacate upon undertaking – No costs.

Criminal Law – Quashing under Section 482 CrPC – Economic Offences – Bank Fraud – PC Act – One-time Settlement – Held: High Court erred in quashing FIR and chargesheet solely on settlement; grave financial fraud, fabrication of documents, loss to public exchequer, and involvement of bank manager under PC Act make quashing impermissible – Proceedings restored [Paras 23-27, 30-34].

Section 482 CrPC – Quashing of FIR/Chargesheet – Economic Offences – Public Interest – High Court quashed proceedings on basis of one-time settlement between borrower-company and bank – Supreme Court held that High Court failed to consider material findings of investigation establishing fabrication of work orders, forged mortgage documents, misrepresentation, and criminal conspiracy – Offences under PC Act and bank fraud cases cannot be quashed merely because dues are settled – Loss to public exchequer of more than ₹5 crores remained even after settlement – Held: Quashing erroneous; proceedings restored [Paras 23-27, 30-34].

Bank Fraud – Fabricated Documents – Misrepresentation – CBI investigation found that accused company submitted forged work orders (3 entirely fabricated, 7 misrepresented), false stock statements, and manipulated revenue records – Findings made out offences under Sections 420, 467, 468, 471 IPC and Section 13(1)(d) PC Act – High Court ignored these crucial facts while quashing proceedings – Held: Quashing unsustainable [Paras 6-8, 23].

Prevention of Corruption Act – Prosecution of Bank Manager – Sanction granted – Quashing entire proceedings would indirectly exonerate public servant involved in financial misconduct – Offences under PC Act not private in nature and cannot be quashed on compromise – Public interest paramount – Held: High Court order perverse [Paras 13-14, 23-24].

One-Time Settlement – Not a Ground for Quashing – Settlement resulted in substantial haircut; bank recovered ₹41 crores against dues of ₹52 crores plus interest – Such settlements done under compulsion, not indicating absence of criminality – Economic offences have societal impact – Repayment does not wash away criminal liability – Held: Continuation of prosecution necessary in public interest [Paras 12, 26-27].

Distinguishing Prior Cases – Jaswant Singh, B.B. Aggarwal, Narendra Lal Jain – Supreme Court held those precedents inapplicable as they did not involve PC Act offences, or involved only civil-flavoured disputes, or lacked allegations of forged documents – Present case involves grave economic offences and fraud upon public exchequer – Consequently, reliance misplaced [Paras 28-33].

Decision – Appeal allowed – High Court order quashing FIR and chargesheet set aside – Criminal proceedings restored before Trial Court – No observations to affect merits of trial [Paras 34-36].

Environmental Law – Protection of Delhi Ridge – Directions for Statutory Constitution and Functioning of DRMB – Supreme Court directs Ministry of Environment, Forest and Climate Change (MoEF&CC) to constitute the Delhi Ridge Management Board (DRMB) as a statutory body under Section 3(3) of the Environment (Protection) Act, 1986 – Earlier, DRMB functioned under court orders without statutory backing – Held: Without statutory authority, effective and accountable functioning of DRMB was not possible – Further directed constitution of a Standing Committee for daily functioning and mandated DRMB to act as single-window authority for all issues relating to Delhi Ridge and Morphological Ridge [Paras 41-47, 50-52, 57].

Forest Conservation – Final Notification under Section 20, Indian Forest Act – Non-notification of Delhi Ridge deprives area of legal protection – Although preliminary notifications under Section 4 were issued in 1994 and 1996, final notification under Section 20 still pending – NGT (2021) and High Court (2024) directed GNCTD to issue notification – Court held delay unjustified – Ridge must be notified as Reserved Forest for its ecological integrity to be preserved [Paras 4, 5, 34, 35].

Environmental Degradation – Encroachment on Delhi Ridge – CEC Report and court-appointed authorities noted rampant encroachments – Court observed lack of active steps from GNCTD – Held: Encroachments defeat purpose of ecological protection – Directed DRMB to ensure removal of encroachments from both Delhi Ridge and Morphological Ridge [Paras 8, 36, 54, 57(iii)(c)].

Ecological Preservation – Morphological Ridge – Ridge-like areas outside notified Ridge require equal protection – Affirmed legal necessity for their identification and conservation – Held: Morphological Ridge must be preserved in same manner as notified Ridge – Committee formed by Court in 2023 directed to complete identification process – DRMB to ensure protection and ecological restoration of the Morphological Ridge [Paras 11-14, 37, 38, 57(iii)(d)-(e)].

Environmental Governance – Multiplicity of Monitoring Bodies – Presence of overlapping committees (CEC, NGT Oversight Committee, High-Powered Committees) causing duplication and conflicting decisions – Court directed MoEF&CC to consolidate functions into a single authority – DRMB reconstituted with statutory status and given sole monitoring authority – Standing Committee constituted under DRMB for efficient functioning [Paras 25-27, 39, 40, 50-52, 57].

Legal Accountability – DRMB's Statutory Status and Judicial Review – Held: DRMB must have statutory status to ensure transparency, accountability, and judicial scrutiny – Orders of DRMB would be subject to challenge before NGT under Section 14 of NGT Act or before High Court under Articles 226/227 – DRMB to function under environmental rule of law ensuring participatory governance [Paras 42-46].

Institutional Framework – Composition and Functions of Statutory DRMB – DRMB to consist of 13 members including Chief Secretary, GNCTD (Chair), representatives from MoEF&CC, DDA, civic bodies, civil society, and CEC – DRMB directed to undertake scientific management, ecological restoration, and prevent fragmentation of Ridge – Required to submit six-monthly reports and maintain transparency through public notices, consultations and website publication [Paras 57(i), 57(iii)(a)-(h)].

Judicial Supervision – Role of CEC in DRMB – Representative of Central Empowered Committee to be permanent member of DRMB – To submit quarterly reports to Supreme Court on DRMB’s performance – Held: CEC’s long-standing role in Ridge protection justifies its formal inclusion in DRMB [Paras 48, 49, 57(iv)].

Decision: Directions issued – MoEF&CC to notify DRMB under Section 3(3) of EP Act – DRMB to be sole authority for Ridge issues – Standing Committee to be constituted – Identification and notification of Morphological Ridge to be completed – Encroachments to be removed – Periodic reports to be submitted to Supreme Court.

DNA Testing – Presumption of Legitimacy – Criminal Proceedings – Section 112 Evidence Act – Right to Privacy – Constitution of India – DNA test sought to prove that appellant fathered child during subsistence of marriage between Respondent No.1 and her husband Abdul Latheef – Supreme Court held: statutory presumption under Section 112 protects child’s legitimacy unless non-access is proved – No material evidence of non-access or incapacity of husband produced – Birth and school records name Abdul Latheef as father – Mere allegation of extramarital affair or simultaneous access does not rebut presumption – DNA test cannot be ordered to displace conclusive proof without strong evidence [Paras 24–37]

Right to Privacy – Consent and Bodily Autonomy – DNA Test – Court reiterated that DNA testing infringes right to privacy under Article 21 – Such testing must satisfy test of legality, legitimate aim and proportionality – Respondent No.1’s willingness to undergo test does not override rights of appellant and the now-major child – No legitimate state interest shown – Held: direction for DNA test is disproportionate and unconstitutional [Paras 45–48]

Adverse Inference – Section 114 Evidence Act – Refusal to undergo DNA test – Respondent sought adverse inference against appellant – Court held: such inference can only arise if presumption under Section 112 is first rebutted – Since non-access not proved, no occasion arises to invoke Section 114 – Respondent cannot bypass requirement of displacing statutory presumption [Para 50]

Criminal Procedure – Sections 53 and 53A CrPC – Medical examination of accused – High Court relied on these provisions to justify DNA test – Court held: Sections 53 and 53A applicable only where examination directly relates to proving offence – Cheating and harassment charges do not require paternity proof – Use of DNA test in absence of nexus with alleged offence is unjustified and intrusive [Paras 55–57]

Judicial Discretion – Use of Scientific Tools – Court cautioned against routine or speculative use of DNA testing – Strong prima facie case and ‘eminent need’ must be shown – Held: Scientific advancement must not override legal safeguards – Ethical and psychological implications, especially for now-major child, must be considered – DNA test cannot be directed as a fishing inquiry or to satisfy mere suspicion [Paras 28–31, 51]

Collateral Issue – Paternity not central to criminal charge – FIR does not hinge on paternity of child – Child not party to proceedings – Direction for DNA test held to be irrelevant and disproportionate to charges under IPC and Tamil Nadu Act – Held: Paternity is at best a collateral issue and DNA test unnecessary for adjudication of cheating or harassment allegations [Paras 52–54]

Decision: Appeal allowed – High Court judgment dated 10.05.2017 in Writ Appeal (MD) No.521 of 2017 set aside – Direction for DNA test quashed – Section 112 of the Evidence Act upheld – No adverse inference to be drawn from appellant’s refusal – Paternity not essential to establish offences alleged – No compelling investigative need shown.

Motor Accident Compensation – Permanent Disability – Minor Victim – Multiplier Method – 14-year-old appellant sustained 77.1% permanent disability in a motor vehicle accident – High Court applied multiplier of 15, monthly income of ₹3,620 with 40% future prospects – Supreme Court affirmed multiplier and income but enhanced compensation under multiple heads – Held: Total compensation enhanced to ₹15,13,337/- from ₹7,48,883/- [Paras 3.3, 5.1, 5.4]

Assessment of Disability – Future Prospects – Court upheld High Court’s finding accepting 77.1% disability based on unopposed medical board certificate – Future prospects added at 40% in line with Pranay Sethi principles – Loss of future earning capacity assessed by applying disability percentage to enhanced notional income [Paras 3.2, 5.1]

Special Heads of Compensation – Pain and Suffering – Loss of Marriage Prospects – Medical Expenses – Applying Kajal v. Jagdish Chand, Sona (Minor), and other precedents, Supreme Court awarded ₹3,00,000 each towards pain and suffering and loss of marriage prospects – Also granted ₹40,000 for special diet and transport, ₹50,000 for future medical expenses, ₹40,000 for attendant charges – Held: Expenses beyond actual medical bills are permissible considering hospital stay and future treatment [Paras 5.2–5.3]

Tabular Summary of Compensation:

Loss of Future Earnings (with 77.1% disability): ₹7,03,337/-

Pain and Suffering: ₹3,00,000/-

Loss of Amenities: ₹80,000/-

Loss of Marriage Prospects: ₹3,00,000/-

Attendant Charges: ₹40,000/-

Special Diet and Transport: ₹40,000/-

Future Medical Expenses: ₹50,000/-

Total: ₹15,13,337/-

Interest and Directions – Additional Compensation – Supreme Court held appellant entitled to additional compensation of ₹7,64,454/- (i.e., over and above ₹5,75,883/- awarded by High Court) with 8% interest from date of application till realisation – Insurance company directed to deposit amount in appellant’s bank account within 8 weeks and file proof before Tribunal [Para 6–6.1]

Decision: Appeal allowed – Judgment of the High Court modified – Total compensation enhanced to ₹15,13,337/- with 8% interest – Additional ₹7,64,454/- to be paid by insurer within 8 weeks – Proof of payment to be submitted before Tribunal.

Service Tax – Real Estate Agent – Meaning and Scope – Agreements entered into by the respondent with Sahara India Commercial Corporation Ltd. (SICCL) for procurement, documentation, and facilitation of land transfer at a fixed average rate per acre – No separate consideration or commission for services – Profit/loss entirely contingent on difference between land purchase cost and fixed average price – Held: Transactions were outright sales of immovable property, not services – Respondent not a 'real estate agent' under Section 65(88) nor a 'real estate consultant' under Section 65(89) – Not liable for service tax [Paras 31–45]

Interpretation of MoUs – No Principal-Agent Relationship – Respondent assumed independent commercial risk, negotiated with landowners, and did not act on behalf of SICCL – MoUs did not specify commission, consultancy, or service fee – Held: MoUs created no fiduciary agency – Transactions were between principals [Paras 40–41]

Service – Exclusion under Section 65B(44)(a)(i) – Transfer of title in immovable property – Held: Such transactions excluded from the definition of 'service' under the Finance Act, 1994 – Respondent’s activities covered by this exclusion – No taxable service rendered [Paras 42–44]

Extended Limitation – Section 73(1) Proviso – Wilful Suppression – Held: No deliberate suppression or fraud established – All transactions conducted via banking channels and recorded in books – Respondent under bona fide belief that no service tax was payable – Invocation of extended limitation unjustified – Show cause notice time-barred [Paras 46–53]

Tribunal’s Order – Legally Correct – Tribunal rightly set aside demand and penalties – Commissioner erred in treating sale of land as taxable service – No interference warranted [Paras 45, 54–55]

Decision: Appeals dismissed – Demand and penalties quashed – Tribunal’s order upheld – Respondent held not liable for service tax – Extended limitation under Section 73(1) inapplicable.

Civil Procedure – Rejection of Plaint – Maintainability of Appeal – Commercial Suit filed without Pre-Institution Mediation under Section 12A of CCA 2015 – Trial Court rejected plaint under Order VII Rule 11 CPC – Held: Rejection of plaint amounts to a 'decree' under Section 2(2) CPC – Such decree is appealable under Section 13(1A) of the Commercial Courts Act, 2015 – High Court erred in holding appeal to be non-maintainable [Paras 5, 9, 13-15, 20-21]

Commercial Courts Act – Section 13(1A) – Interpretation – Main provision permits appeals against judgments and orders of Commercial Court – Proviso restricts appeals only for interlocutory orders listed in Order XLIII CPC – Held: Rejection of plaint is not an interlocutory order and not covered by the proviso – Hence appeal lies under the main provision [Paras 16-17]

Distinction from Precedent – Bank of India v. Maruti Civil Works – Distinguished – In that case, rejection of application under Order VII Rule 10 or 11(d) was challenged – Court clarified only allowed orders under Rule 10 are appealable under Order XLIII – But rejection of plaint (not application) constitutes a decree, hence distinguishable and appealable [Paras 18-19]

Right to Remedy – Plaintiff whose plaint is rejected under Order VII Rule 11 CPC cannot be left remediless – Filing of a fresh suit not an appropriate alternative – Appeal is the proper remedy [Para 20]

Decision: Appeal allowed – Impugned judgment of High Court set aside – Appeal before High Court held to be maintainable – Restored for decision on merits – No order as to costs.

Criminal Law – Culpable Homicide – Section 302 IPC – Conversion to Section 304 Part I – Appellant convicted for murder of deceased Louis Williams based on knife injuries inflicted during altercation – Trial Court and High Court convicted under Section 302 IPC – Supreme Court held: injuries not shown to be inflicted with intention to cause death – Death occurred 13 days later due to septicemia – No evidence of premeditation or intent to kill – Act done in anger and provocation – Conviction altered to Section 304 Part I IPC [Paras 6–7]

Mens Rea – Intention vs. Knowledge – Section 304 IPC – Court analysed distinction between murder and culpable homicide not amounting to murder – Held: Where death is caused with knowledge but without intention to kill, Section 304 Part I applies – Appellant knew that injuries with knife could cause death in ordinary course – However, no specific intent to kill found – Act committed during late-night altercation following earlier dispute – Falls under second degree culpable homicide [Paras 5.6–6.2]

Evidence – Interested Witnesses – Credibility – Defence contended that only relatives of deceased were eyewitnesses – Gajraben (sister) and Rajesh (nephew) – Court held their testimony reliable – Supported by medical evidence – No material contradiction found – Conviction upheld on facts but altered on legal classification of offence [Para 5.2]

Medical Jurisprudence – Cause of Death – Delay in Fatal Outcome – Victim died 13 days after injury due to septicemia – Court held this did not negate causal link between injury and death – Injury sufficient in ordinary course to cause death – Medical cause of death confirmed prosecution case – Delay in death does not mitigate seriousness of offence [Paras 3.2, 6.3]

Sentencing – Sentence Already Undergone – Appellant had served over 14 years and was on bail – Court held sentence already undergone sufficient for conviction under Section 304 Part I IPC – No further imprisonment ordered – Bail bond discharged [Paras 8–10]

Decision: Appeal allowed in part – Conviction under Section 302 IPC set aside – Appellant convicted under Section 304 Part I IPC – Sentence of 14 years already undergone deemed sufficient – Bail bond discharged.