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].

Public Employment – Selection Criteria – Appellants challenged non-selection due to fixation of benchmark after the selection process started – Supreme Court held that fixing benchmarks for final selection after written test and interview is permissible and does not amount to changing the selection criteria mid-way – Distinguished from Hemani Malhotra case [Paras 11-14].

Legal Principles – Benchmarking – Benchmarks can be fixed to ensure meritocracy – CCI's action in setting 70% for General category and 65% for OBC category as cut-off marks after interview was legal and justified – Shortlisting through benchmarking held permissible [Paras 15-17].

Employment Law – Change in Selection Process – No change in initial selection criteria – Written test and interview marks distribution (80% and 20%) remained unchanged – Fixation of benchmarks for final selection rational and within the employer's prerogative [Paras 13-17].

Decision: Appeals dismissed – High Court's order upheld, confirming legality of CCI's fixation of benchmarks for final selection [Para 18].

Central Excise – Liability of Purchaser – Appellant purchased land, building, and machinery of a defaulting borrower in auction conducted by UPFC – Excise Department demanded recovery of dues from the appellant – Supreme Court held that statutory liabilities arising out of land and building or machinery do not include excise dues – Purchaser not liable to discharge excise dues of the previous owner [Paras 1-24].

Legal Interpretation – Statutory Liabilities – Clause in Sale Deed and Agreement stated statutory liabilities arising out of land/building/machinery to be borne by purchaser – Supreme Court interpreted this to mean liabilities directly related to the property, not excise dues which pertain to manufactured goods [Paras 23-24].

Priority of Creditors – Secured vs. Unsecured Creditors – Examined priority of secured creditors (UPFC) over excise dues – Affirmed that UPFC, as a secured creditor, had priority over unsecured excise dues – Relied on precedents distinguishing between liability for entire business unit and specific property assets [Paras 16-21].

Decision: Appeal allowed – High Court's order and demand by Excise Department set aside – Appellant not liable for excise dues of previous owner – Costs awarded to appellant [Paras 24-25].

Land Acquisition – Publication Requirements – Notification under Section 4(1) not published in the locality as mandated – Supreme Court held that such publication is mandatory to enable affected parties to file objections under Section 5A – Non-publication vitiates the acquisition process [Paras 12-15].

Right to File Objections – Failure to Publish Notification – Appellant deprived of the opportunity to file objections under Section 5A due to non-publication in the locality – Supreme Court emphasized the importance of this procedural safeguard for landowners and occupiers [Paras 13-15].

Industrial Unit – Existing Industry – Appellant's land had a running industrial unit at the time of notification – Court found no justification for acquiring a functioning industry for industrialization – Exclusion of similar lands from acquisition supported the appellant’s case [Paras 16-17].

Delay and Laches – Writ Petition Timeliness – Supreme Court held that the writ petition filed within five weeks of the award was within reasonable time – High Court's reliance on precedents involving significant delays was misplaced [Paras 9-10].

Decision: Appeal allowed – High Court's order set aside – Acquisition proceedings quashed concerning the appellant’s land – No costs awarded [Para 18].

Industrial Disputes – Relief for Illegal Termination – Workman terminated without notice or compensation – Labour Court directed reinstatement with 30% back wages – High Court substituted reinstatement with compensation due to delay in raising dispute – Supreme Court found reinstatement inappropriate due to six-year delay in dispute – Compensation ordered instead of reinstatement [Paras 1-22].

Judicial Discretion – Moulding Relief – Delay in raising industrial disputes significant – Labour Court must consider delay irrespective of objections from employer – High Court erred in reinstating workman despite delay – Proper compensation awarded [Paras 20-22].

Decision:

Appeal partly allowed – Reinstatement substituted with compensation of Rs. 100,000 to be paid within six weeks – Failure to pay within stipulated time will attract interest at 9% per annum [Paras 22-23].

Criminal Law – Issuance of Warrants – Appellant's challenge to non-bailable warrants issued under Section 319 CrPC – Trial Court issued non-bailable warrants based on evidence implicating the appellant in serious offences – High Court confirmed the Trial Court’s decision – Supreme Court modified the order to issue summons instead, emphasizing the importance of securing attendance through less severe measures first [Paras 1-18].

Personal Liberty – Judicial Discretion – Emphasized that non-bailable warrants interfere with personal liberty and should be issued sparingly – Courts must balance individual liberty with societal interest – Non-bailable warrants should be a last resort when summons or bailable warrants are unlikely to suffice [Paras 13-15].

Decision:

Appeal disposed of – Orders of Trial Court and High Court modified – Summons to be issued against the appellant instead of non-bailable warrants [Paras 17-18].

Excise Duty – Classification of Goods – Product 'Moisturex' classified as medicament under Heading 30.03 – Contains pharmaceutical constituents with therapeutic properties – Intended for treatment of dry skin conditions, not just for skin care – Tribunal’s classification upheld [Paras 1-21].

Medicaments vs. Cosmetics – Medicaments contain therapeutic or prophylactic ingredients – Not solely determined by prescription requirement – 'Moisturex' used for curing skin ailments like fissure feet, dry scaly skin, ichthyosis – Sold over-the-counter does not negate its medicament classification [Paras 12-19].

Decision:

Appeals dismissed – Tribunal's decision classifying 'Moisturex' as medicament under Heading 30.03 upheld – No costs [Para 21].

Pension – Withholding during Pendency of Proceedings – Appellant State withheld part of pension and gratuity during the pendency of criminal and departmental proceedings – Respondent challenged this action – High Court held that there is no power under the Bihar Pension Rules to withhold pension/gratuity during the pendency of proceedings – Supreme Court upheld High Court's decision [Paras 1-16].

Right to Pension – Property Right – Pension recognized as a right to property – Cannot be deprived without due process of law – Article 300A of the Constitution of India prohibits deprivation of property without authority of law – Administrative instructions cannot substitute statutory provisions [Paras 7-15].

Decision:

Appeals dismissed – High Court's order affirmed – Costs of Rs. 10,000 imposed on the Appellant for each appeal [Para 16].

Criminal Law – Transfer of Case – Appellant sought transfer of case alleging bias and unfair trial – Arguments by prosecution concluded, defense arguments near completion – Special Judge directed submission of written arguments and set judgment date – Supreme Court provided further time for arguments and upheld the High Court’s dismissal of the transfer petition [Paras 2-14].

Judicial Bias – Allegation of bias due to familial connections of the Presiding Judge with a political rival – Supreme Court found no merit in allegations raised at the final stage of trial – Emphasized independence and fairness in judicial proceedings [Paras 9-12].

Decision:

Appeal dismissed – Additional time granted for concluding arguments – Special Judge directed to pronounce decision uninfluenced by external observations [Paras 14-15].