Criminal Law - Bail - Proviso to Section 43D(5) of UAPA - Interpretation and Application – Appeal against High Court's order granting bail to respondent, a dentist, alleged to have treated one of the assailants involved in a violent attack. The Supreme Court emphasized the absence of prima facie evidence proving respondent’s involvement in the crime or conspiracy. Highlighted the respondent’s professional duty under the Hippocratic oath, allowing for medical treatment in emergency situations. Differentiated the case against the respondent from that against the alleged assailants. Discussed the relevance of organization membership and the necessity of proving active and knowing participation in unlawful activities. Reiterated the significance of Article 21 of the Constitution regarding undue delay in trials and the implications of prolonged incarceration on an accused. Held that denying bail in the absence of prima facie evidence constitutes a violation of Article 21. [Paras 1-14]

Role of Respondent in Crime – Analysis and Professional Duty – Held – The Supreme Court found no evidence to substantiate the claim that the respondent was part of a conspiracy or directly involved in the attack. Stressed the duty of a medical professional to provide treatment, even to alleged criminals, in emergency situations. The court highlighted the distinction between professional duty and criminal conspiracy. [Para 12]

Decision – Grant of Bail to Respondent – The Court dismissed the appeal, upholding the High Court's decision to grant bail to the respondent, considering the lack of prima facie evidence of his involvement in the conspiracy and his adherence to professional duties as a doctor. The court also noted the delay in trial and potential violation of Article 21 as significant factors in its decision. [Paras 13-14]

Industrial Disputes Act, 1947 - Section 25 - Termination of Employment – Appeal against the High Court order which set aside the Labour Court’s directive for reinstatement and back wages for the appellant, a daily wage worker terminated following his involvement in a criminal case – Criminal case concluded in acquittal – Labour Court ruled in favor of reinstatement with fifty percent back wages – High Court set aside the Labour Court’s award entirely, despite the writ petition challenging only the back wages – Supreme Court holds that the High Court overstepped the scope of the writ petition’s plea – High Court’s orders quashed and Labour Court’s order of reinstatement restored. [Paras 1-25]

Scope of Writ Petition – Pleadings – Held – The High Court’s judgment went beyond the respondent's writ petition, which had only contested the award of back wages – Parties bound by their pleadings and cannot exceed the prayer clause – Supreme Court emphasizes adherence to the scope of the initial plea. [Para 3]

Decision – Appeal allowed – Restoration of Labour Court’s Award – Reinstatement with back wages directed from January 2010 onwards – Appellant’s costs assessed at Rs. 5,000/-. [Paras 3-4]

Criminal Law - Murder and Attempt to Murder - Conviction and Sentencing - Appeal against the High Court order convicting the appellant under Sections 302 and 307 read with Section 34 IPC - Original acquittal by Sessions Judge, Una, reversed by High Court - Incident arose from a land dispute involving the complainant and accused - Prosecution and defence presented evidence of a violent altercation involving multiple parties, resulting in the death of one and injuries to others - Appellant claimed self-defense, highlighting a free fight and lack of premeditation. Held, the Supreme Court altered the conviction from Section 302 IPC to Section 323 IPC (voluntarily causing hurt) due to lack of intent to kill, considering the context of a sudden fight and injuries sustained by both parties. [Paras 1-8]

Free Fight - Self-defense - Nature of Injuries - Reassessment of Conviction - The appellant's actions analyzed within the framework of a free fight triggered by a spontaneous quarrel over land demarcation - Both prosecution and defense confirmed injuries sustained by all parties - The trial court and High Court's treatment of evidence re-evaluated, leading to the conclusion that the appellant exceeded his right to private defense but did not intend to commit murder - Conviction revised to reflect the circumstances and nature of the incident. [Para 7]

Decision - Modification of Conviction - Appellant's Age and Health Considered - Conviction modified from Section 302 IPC (murder) to Section 323 IPC (voluntarily causing hurt) - Appellant, aged 82 with health issues, already served significant jail time - Held, period already undergone in custody sufficient; appellant to be released forthwith unless required in any other case. The appeal is allowed in part. [Para 8]

Criminal Law - Acquittal Reversed - Reappraisal of Evidence – Criminal Appeal against High Court's acquittal – Trial court convicted respondents for murder under Section 302 read with Section 120B IPC based on circumstantial evidence – High Court reversed, citing lack of direct evidence of conspiracy – Supreme Court reappraised evidence, found High Court's acquittal order perverse – Concluded respondents exceeded right of self-defense – Convicted under Section 304 Part-II read with Section 34 IPC. [Paras 1-20]

Circumstantial Evidence – Incriminating Circumstances – Held – Sufficient circumstantial evidence establishing guilt of respondents – Injuries inflicted on deceased were grievous and on vital parts – Efforts by respondents to seek medical help and inform deceased's family indicated absence of intention to kill – Held liable under Section 304 Part-II IPC. [Para 9-12, 19]

Right of Private Defence – Exception and Exceeding Defence – Analysis – Respondents’ plea of self-defense considered – Established that respondents exceeded right of self-defense – Initial reaction to molestation attempt could justify self-defense, but subsequent actions were excessive – Supreme Court modifies conviction accordingly. [Paras 8, 19]

Decision – Modification of Conviction and Sentence – High Court's order set aside – Trial court’s conviction modified – Respondents convicted under Section 304 Part-II read with Section 34 IPC, sentenced to five years rigorous imprisonment – Time served during trial and appeal to be set off. [Para 20]

Land Acquisition - Compensation and Resettlement - Scheme for allotment of plots to oustees - Interpretation of 'normal allotment rate' - Civil Appeal challenging the price for plots allotted to appellants whose land was acquired for urban development - Supreme Court held that the 'normal allotment rate' should be the rate prevailing when the sector was first floated for sale, not at the revised rate at the time of delayed allotment - Directed HUDA to charge the rate at the time of initial sector launch - Appellants entitled to compensation for delayed compliance. [Paras 1-14]

Allotment Rate for Oustees - Analysis - Held - The term 'normal allotment rate' refers to the price when the sector is first offered for sale, as per the policy requiring claims of oustees before public sale - Delays by HUDA in allotting plots to appellants should not result in higher charges for them. [Para 12-13]

Decision - Appeal Allowed in Part - Allotment Rate Adjustment - Court directs HUDA to charge Rs. 1032/- per sq.m. (or Rs. 863/- per sq.yd) as the allotment price for the six plots allotted to the appellants instead of the revised rate of Rs. 1342/- per sq.m. - Appellants awarded costs of Rs. 2500/- each. [Para 14]

Criminal Law - Bail - Proviso to Section 43D(5) of UAPA - Interpretation and Application – Appeal against High Court's order granting bail to respondent, a dentist, alleged to have treated one of the assailants involved in a violent attack. The Supreme Court emphasized the absence of prima facie evidence proving respondent’s involvement in the crime or conspiracy. Highlighted the respondent’s professional duty under the Hippocratic oath, allowing for medical treatment in emergency situations. Differentiated the case against the respondent from that against the alleged assailants. Discussed the relevance of organization membership and the necessity of proving active and knowing participation in unlawful activities. Reiterated the significance of Article 21 of the Constitution regarding undue delay in trials and the implications of prolonged incarceration on an accused. Held that denying bail in the absence of prima facie evidence constitutes a violation of Article 21. [Paras 1-14]

Role of Respondent in Crime – Analysis and Professional Duty – Held – The Supreme Court found no evidence to substantiate the claim that the respondent was part of a conspiracy or directly involved in the attack. Stressed the duty of a medical professional to provide treatment, even to alleged criminals, in emergency situations. The court highlighted the distinction between professional duty and criminal conspiracy. [Para 12]

Decision – Grant of Bail to Respondent – The Court dismissed the appeal, upholding the High Court's decision to grant bail to the respondent, considering the lack of prima facie evidence of his involvement in the conspiracy and his adherence to professional duties as a doctor. The court also noted the delay in trial and potential violation of Article 21 as significant factors in its decision. [Paras 13-14]

Motor Accident Compensation – Quantum of Compensation – Enhancement – Claimant lost parents and younger brother in an accident caused by a rashly driven vehicle – Tribunal awarded compensation, which was enhanced by the High Court – Insurer challenged the enhancement, and claimant sought further enhancement – Held: Deduction for personal expenses of deceased was not made by the High Court; however, in the interest of justice, enhanced compensation granted by the High Court sustained – Appeals dismissed [Paras 1, 2, 7, 10-12].

Deduction for Personal Expenses – Applicability of Sarla Verma Principles – Insurer contended that the High Court erred in not deducting one-third of the deceased’s income for personal expenses – Held: Deduction was required as per Sarla Verma v. DTC but no interference warranted as the enhanced compensation was reasonable and not excessive [Paras 7, 10].

Future Prospects – Self-Employed Deceased – Appellant sought enhancement considering future prospects for deceased parents – Held: Future prospects should be added for self-employed individuals – 25% for father (aged 48) and 40% for mother (aged 38) – However, on reworking the quantum, any further enhancement was found unnecessary [Paras 8, 12].

Conventional Heads – Award in Excess of Pranay Sethi Guidelines – Insurer objected to amounts exceeding the guidelines – Held: Tribunal and High Court awarded amounts before Pranay Sethi v. National Insurance Co. Ltd. – No reduction required as the amounts were reasonable and aligned with the principle of ‘just compensation’ [Paras 9, 12].

Decision – Appeals Dismissed – Compensation granted by the High Court maintained in full – Tribunal’s assessment and High Court’s enhancement deemed just and reasonable under the circumstances – No further interference warranted [Paras 12].

Facts:

The case involves judicial officers challenging the decision not to extend their superannuation age from 58 years to 60 years. They argued that a prior Supreme Court decision had effectively increased the retirement age to 60 years. The officers contended that the High Court's order was arbitrary, based on no material, and hence, vitiated.

Issues:

Whether the previous Supreme Court decision automatically extended the retirement age of judicial officers to 60 years.

Whether the High Court's decision to deny the extension was arbitrary or based on no material.

Held:

The judgment clarified that the earlier Supreme Court decision did not automatically extend the retirement age but conferred it as a benefit subject to an evaluation of the officers' utility. No automatic right exists for judicial officers to continue in service up to the age of 60 years. It is a benefit subject to evaluation by the respective High Courts.

The extension of the superannuation age is contingent on an evaluation of the officers' performance and utility. An Evaluation Committee, presided over by the Chief Justice and consisting of eight judges, assessed the performance of the petitioners. The committee formed the opinion that the petitioners lacked potential for continued useful service.

The term "compulsory retirement" is not apt for cases like these. The officers were not granted the benefit of an extended retirement age, nor were they being retired prematurely. Instead, they were allowed to retire at the age specified by the existing service rules, which is not a penalty.

Article 235 of the Indian Constitution vests administrative and disciplinary control over the district judiciary, including subordinate judiciary, in the High Court. This provision safeguards judicial independence and ensures High Court's control over subordinate courts.

Ongoing assessments of the performance of judicial officers, including regular inspections and timely entries in service records, are vital. Judicial officers should have the opportunity to provide representations in case of adverse entries in their records.

Facts:

The case concerns a batch of appeals challenging a Customs, Excise and Gold (Control) Appellate Tribunal (CEGAT) decision regarding the classification of products like de-oiled rice bran extraction, higher seed extraction of tapioca chips, and sesame seed extractions as animal feed.

Issues:

Whether these products, used as ingredients in animal feed, qualify as "animal feed" themselves for export duty purposes.

The interpretation of the term "animal feed" in the context of this case.

Held:

The CEGAT determined that these products, being ingredients of animal feed, are not "animal feed" by themselves and are exempt from export duty. The court upheld this decision, citing that the term "animal feed" encompasses the entire mixture fed to animals, not just its ingredients. A previous case (M/s. Sun Export Corporation) with different facts was distinguished, and the appeals were dismissed.