Criminal Law – Conviction Based on Dying Declarations – Appellant convicted for the murder of his wife Chandrakala, who suffered 91% burn injuries – Trial court convicted appellant based on two dying declarations – High Court upheld conviction – Supreme Court affirmed the judgment, emphasizing the credibility and consistency of the dying declarations made by the deceased at the earliest opportunity [Paras 1-20].Evidentiary Value of Dying Declarations – Statements recorded by duty doctor and Head Constable shortly after the incident – Deceased consistently named appellant as the perpetrator, citing demands for gold and land as motives – Court highlighted the solemnity and truthfulness expected in dying declarations, as well as their admissibility even if uncorroborated [Paras 4-6, 9-10].Defense Rejected – Appellant’s inconsistent defense of accidental stove burst and later claim of suicide deemed implausible – Defense witnesses' testimonies found unreliable – Absence of credible alternative explanation supported conviction [Paras 2-3, 6, 13-16].Legal Principles – Supreme Court reiterated principles governing the acceptance of dying declarations – Emphasized the special sanctity accorded to such statements under Section 32 of the Evidence Act – Court noted that uncorroborated dying declarations could form the sole basis for conviction if found reliable [Paras 7-8, 11-12].Decision: Appeal dismissed – Conviction and sentence of life imprisonment for the appellant affirmed [Paras 19-20].

Industrial Disputes – Wrongful Termination – Daily wager engaged for eight months terminated without complying with Section 25-F of the Industrial Disputes Act – Labour Court directed reinstatement with continuity of service and 25% back wages – Supreme Court held reinstatement unjustified due to short duration of service and instead awarded compensation of Rs. 50,000 [Paras 1-32].Judicial Discretion – Relief for Wrongful Termination – Emphasis on judicial discretion in awarding relief – Consideration of nature and duration of employment, manner of termination, and delay in raising industrial dispute – Reinstatement not automatic in cases of wrongful termination of daily wagers – Compensation awarded as just and proper relief [Paras 26-31].Legal Principles – Reinstatement vs. Compensation – Established that reinstatement with back wages is not an automatic relief for wrongful termination – Various factors to be considered by Labour Courts, including mode of appointment, nature of employment, length of service, and other relevant circumstances [Paras 5-8, 16-20, 22-23].Decision: Appeal partly allowed – Reinstatement order set aside – Compensation of Rs. 50,000 awarded to the respondent to be paid within six weeks, failing which interest at 9% per annum will apply [Paras 31-32].

Criminal Procedure – Addition of Accused – Section 319 CrPC – Appellant added as accused during trial based on application by the son of the deceased – Sessions Court allowed application – High Court upheld the addition – Supreme Court considered the legality of adding the appellant as an accused and the right to a speedy trial [Paras 1-19].Right to Speedy Trial – Article 21 of the Constitution – Emphasis on expeditious trial as a fundamental right – Delay in trial due to addition of accused under Section 319 CrPC considered unjust and unfair – Supreme Court directed modification of earlier stay order to allow trial to proceed against other accused while maintaining the stay for the appellant [Paras 16-18].Splitting of Trials – Legal Permissibility – Supreme Court clarified that splitting trials to avoid delays and ensure fairness is permissible – Directed de novo trial for newly added accused to uphold rights under Article 21 – Cited precedents supporting separate trials for newly added accused when original trial is near completion [Paras 12-15].Decision: Appeal partly allowed – Order dated December 17, 2008, modified to limit stay of trial to appellant Babubhai Bhimabhai Bokhiria only – Trial to proceed against other accused [Paras 19].

Adoption – Presumption of Validity – Section 16 of the Hindu Adoptions and Maintenance Act, 1956 – Appellant claimed adoption of Raghunath was valid – Registered adoption deed provided a presumption of validity – Respondents failed to rebut this presumption effectively – Appellate courts erred in doubting the validity of the registered adoption deed without sufficient evidence [Paras 3, 10-15, 22-24].

Custom – Proof of Custom – Section 3(a) of the Hindu Adoptions and Maintenance Act, 1956 – Respondents claimed a custom prohibiting adoption from outside the family – Only four adoptions over 375 years, each from within the family – Insufficient to establish the existence of a binding custom – Appellate courts' findings on custom not supported by adequate evidence [Paras 6-12, 27].

Evidence – Quality Over Quantity – Section 134 of the Evidence Act, 1872 – Trial court's reliance on evidence of interested witnesses justified – Quality and credibility of evidence, not the number of witnesses, are paramount – Adverse inferences drawn by appellate courts on technical grounds deemed improper [Paras 30-31, 34-37].

Appellate Review – Reappreciation of Evidence – Appellate courts have the jurisdiction to reappreciate evidence, but must do so considering the trial court's findings – Findings of fact based on credibility should generally be respected unless there is a clear error [Paras 35-37].

Decision: Appeal allowed – Judgments and decrees of the appellate courts set aside – Judgment and decree of the trial court restored – No order as to costs [Paras 40].

Education Law – Leave Encashment – University Teachers – Respondent teachers sought leave encashment upon retirement – Pune University Grievance Committee recommended payment – High Court ordered payment and reimbursement by the State – Supreme Court held that the Maharashtra Civil Services (Leave) Rules, 1981, do not apply to university teachers – Statutes of the University entitled teachers to leave encashment but no statutory provision mandated reimbursement by the State [Paras 1-19].

Government Directives – Amendment of Statutes – State directed universities to amend statutes to discontinue leave encashment – Supreme Court upheld the State’s directives – Universities failed to act timely on the State’s directives – Appellate ruling reinforced State's power to issue such directives, emphasizing compliance with financial norms applicable to government employees [Paras 20-21].

Legal Principles – Continuation of Pre-existing Statutes – Section 115(2)(xii) of the Maharashtra Universities Act, 1994 – Statutes under repealed acts continued until superseded or modified – The fact that pre-existing statutes remained in force did not grant entitlement to claim reimbursement from the State as a right [Paras 16-17].

Decision: Appeals allowed – Impugned orders set aside – Writ petition dismissed – No order as to costs [Para 22].

Land Acquisition – Evacuee Property – Title Transfer – Auction purchaser claimed title to land after paying the full purchase price – Provisional possession granted upon highest bid – Central government acquired the property under the Displaced Persons Act – Delhi Administration issued land acquisition notification – Appellant challenged acquisition after 30 years – Supreme Court held that provisional possession created encumbrance – Land could be acquired under the LA Act despite government ownership – Appeal dismissed due to delay and lack of title at the time of acquisition [Paras 1-48].

Encumbrance – Legal Definition and Implications – Provisional possession amounted to encumbrance – Property with encumbrance could be acquired under LA Act – Ownership rights not transferred until full price paid – Sale certificate formalized transfer but did not negate prior acquisition [Paras 34-40].

Delay and Laches – Writ Petition Dismissal – Challenge to acquisition after more than 30 years – Delay on appellant’s part outweighed delay in filing appeal by DDA – Substantial justice prioritized over procedural delays [Paras 14, 47].

Decision: Appeal dismissed – Division Bench's decision upheld – No order as to costs – Clarification that appellant's monetary claims shall be considered separately [Paras 48-49].

Civil Procedure – Delay in Adjudication – Second appeal filed in 2001 dismissed for non-prosecution in 2003 – Restored in 2006 but admitted only in 2011 – Supreme Court emphasized the need for expeditious judicial process – Highlighted the corrosive effect of adjournments and indolence in judicial proceedings – Urged adherence to procedural norms and proactive case management to avoid unnecessary delays [Paras 2-34].

Judicial Responsibility – Role of Judges and Lawyers – Emphasized the mutual duty of the Bench and Bar to avoid delays – Stressed the importance of judicial discipline and commitment to timely justice – Advocated for a mechanism to ensure prompt disposal of cases, urging High Courts to adopt effective measures to prevent inordinate delays [Paras 11-12, 32-33].

Constitutional Mandate – Right to Speedy Trial – Reiterated that the right to a speedy trial is intrinsic to Article 21 of the Constitution – Highlighted that delays undermine public confidence in the judicial system – Called for collective responsibility of all judicial functionaries to uphold the right to speedy justice [Paras 23-27].

Decision: Special leave petition disposed of – Emphasized the need for High Courts to address delays and manage cases efficiently – No specific directions issued but request made to the Chief Justices to adopt necessary measures for timely justice [Para 34].

Criminal Law – Death Penalty – Rarest of Rare Doctrine – Appellant convicted of double murder of wife and daughter – Gruesome manner of killings following previous conviction for rape of daughter – High Court confirmed death penalty considering aggravating factors – Supreme Court revisited the appropriateness of the death penalty under the "rarest of rare" doctrine – Mitigating factors considered [Paras 1-24].

Reformation and Rehabilitation – Mitigating Circumstances – Appellant's claim of strained family relations and frustration considered – Supreme Court emphasized the potential for reformation and possibility of rehabilitation – Life imprisonment instead of death penalty deemed appropriate [Paras 10-20].

Judicial Principles – Balancing Aggravating and Mitigating Factors – Supreme Court reiterated principles from Bachan Singh and Machhi Singh cases – Emphasized that death penalty should be imposed only when life imprisonment is inadequate – Detailed analysis of aggravating and mitigating factors essential in determining sentence [Paras 11-17].

Decision: Appeals allowed in part – Death sentence commuted to life imprisonment – Appellant to serve life imprisonment till the end of natural life, subject to remission by appropriate government under statutory provisions [Paras 24-35].

Administrative Law – License Fee Enhancement – Appellants occupying railway property as licensees since pre-independence – Enhanced license fee challenged as unreasonable – High Court dismissed writ petitions – Supreme Court considered geographical location and market rates – Enhancement deemed necessary but should not be retrospective from 1980 [Paras 1-10].Welfare State – Equitable Distribution – Appellants claimed welfare state duty to provide shops at nominal fees – Court acknowledged state’s duty to balance public welfare and resource generation – Emphasized that welfare does not entail unwarranted privileges for a particular class [Paras 8-9].Judicial Review – Retrospective Application – Notice of enhancement from 1987 applied retrospectively to 1980 – Supreme Court found retrospective application unjustified – Enhancement applicable prospectively from 1987 [Para 10].Decision: Appeals partly allowed – Notice for enhanced license fee to apply prospectively from 1987 – Interim orders vacated – No costs [Paras 10].