Civil Services Examination – Medical Fitness – Re-examination – The petitioner, after being declared temporarily unfit due to BMI during the medical examination for the Civil Services Examination, 2014, missed the scheduled re-medical test – Subsequently, the petitioner’s name appeared in a reserve list published on 19.01.2016, where less meritorious candidates were allocated service – The Supreme Court directed a re-medical examination under Article 142, emphasizing that the petitioner would not be entitled to appointment in the 2014 batch or claim seniority, and the decision would not serve as a precedent [Paras 10-16].

Constitutional Law – Article 142 – Plenary Jurisdiction – The Court exercised its plenary jurisdiction under Article 142 to direct a re-medical examination for the petitioner, despite the significant time lapse since the original examination, to do complete justice – The decision was made with the specific limitation that it should not be treated as a precedent in other cases [Paras 13-16].

Decision: Writ Petition partly allowed – The Court directed the respondents to schedule a re-medical examination within four weeks – No costs were awarded.

Taxation Law – VAT and Taxable Turnover – Appeal concerning the computation of taxable turnover under the Gujarat Value Added Tax Act, 2003 (GVAT Act) – Dispute over whether VAT paid and purchases on which no tax credit was claimed should be included in the taxable turnover – High Court and Tribunal ruled in favor of excluding these amounts – Supreme Court affirmed the lower courts’ decisions, holding that the purchase price, as defined under Section 2(18) of the GVAT Act, is exhaustive and does not include VAT unless expressly provided – Emphasized strict interpretation of tax statutes under Article 265 of the Constitution, which prohibits taxation without clear legislative authority [Paras 1-20].

Interpretation of Statutes – Definition of ‘Purchase Price’ – Definition under Section 2(18) of GVAT Act held to be exhaustive – Purchase price includes only the amounts specifically enumerated in the statute, excluding VAT – Courts cannot expand the scope of taxation by interpretation – Principles of strict interpretation of taxing statutes applied [Paras 11-17].

Decision: Appeals dismissed – Tribunal and High Court judgments upheld – VAT and unclaimed tax credits excluded from taxable turnover – Transfer Cases allowed in light of the decision [Paras 18-21].

Criminal Law – Anticipatory Bail – Onerous Conditions – The High Court granted anticipatory bail to the appellant with the condition to file a joint affidavit with the complainant, undertaking to fulfill all physical and financial requirements of the complainant – The Supreme Court criticized the imposition of such impractical and onerous conditions, stating they could be counterproductive and undermine the purpose of ensuring a fair trial – The Court reiterated that conditions imposed during bail should be practical, ensuring the presence of the accused while preserving human dignity [Paras 4-9].

Constitutional Law – Personal Liberty – Article 21 – The Court emphasized that the right to personal liberty under Article 21 of the Constitution cannot be encumbered with unreasonable and impracticable conditions, as these could make the grant of bail illusory – Such conditions must be proportionate and directly related to the need for ensuring the presence of the accused and the smooth conduct of the investigation [Paras 5-7].

Decision: The appeal was allowed – The Supreme Court set aside the specific conditions imposed by the High Court, making the grant of bail absolute and subject to standard conditions under Section 438(2) of the Cr.P.C.

Compassionate Appointment – Fraudulent Documents – Appointments on compassionate grounds obtained through forged and fabricated documents – Disciplinary authority’s decision to terminate services upheld by Tribunal – High Court’s order reversing Tribunal quashed – Supreme Court reiterates the principle that fraud vitiates all proceedings, including appointments based on compassionate grounds [Paras 1-16]. 

Natural Justice – Show Cause Notice and Opportunity to Respond – Adequate opportunity provided to respondents – Respondents’ failure to produce genuine documents or satisfactorily respond to show cause notices – Supreme Court finds no violation of principles of natural justice [Paras 7-10]. 

Fraud – Effect on Legal Proceedings – Fraudulent conduct leading to appointments on false grounds – Supreme Court emphasizes that fraudulent actions nullify any benefits obtained – Reiterates that persons obtaining employment through fraud cannot claim constitutional protections under Article 311 [Paras 13-15]. 

Disciplinary Proceedings vs. Criminal Proceedings – Departmental and criminal proceedings can proceed simultaneously – Observations in the present judgment are specific to the service dismissal and do not influence the criminal proceedings pending in relevant courts [Paras 12, 15]. 

Decision: Appeals allowed – Orders of the High Court set aside – Tribunal’s dismissal of respondent-employees’ applications restored – No bearing on ongoing criminal proceedings – Costs made easy [Paras 15-17]. 

Criminal Law – Vicarious Liability – Complaint Quashing: Complaint filed by National Housing Bank alleging violations under Section 29A of the National Housing Bank Act against the company and its directors – High Court quashed the complaint for non-compliance with the requirements similar to those in Section 141 of the Negotiable Instruments Act – Supreme Court held that the complaint lacked specific averments regarding the directors’ responsibility for the company’s conduct, as required under Section 50 of the National Housing Bank Act – Complaint quashed against directors but maintained against the company and its managing director [Paras 1-9]. 

Interpretation of Statutes – Section 50 of the National Housing Bank Act – Pari Materia with Section 141 of the NI Act: Court emphasized that specific averments must be made in the complaint to establish that directors were responsible for the conduct of the business at the time of the offence – Absence of such averments renders the complaint insufficient to attract vicarious liability [Paras 4-7]. 

Managing Director’s Liability: Complaint upheld against the managing director based on his position and inherent responsibilities for the company’s business – Managing director’s role assumes responsibility, thereby meeting the statutory requirements [Para 8]. 

Decision: Appeal partly allowed – Complaint quashed against directors (third to seventh accused) but maintained against the company and its managing director (first and second accused) – Complaint to proceed according to law against the remaining accused [Para 9]. 

Compassionate Appointment – Fraudulent Documents – Appointments on compassionate grounds obtained through forged and fabricated documents – Disciplinary authority’s decision to terminate services upheld by Tribunal – High Court’s order reversing Tribunal quashed – Supreme Court reiterates the principle that fraud vitiates all proceedings, including appointments based on compassionate grounds [Paras 1-16].

Natural Justice – Show Cause Notice and Opportunity to Respond – Adequate opportunity provided to respondents – Respondents’ failure to produce genuine documents or satisfactorily respond to show cause notices – Supreme Court finds no violation of principles of natural justice [Paras 7-10].

Fraud – Effect on Legal Proceedings – Fraudulent conduct leading to appointments on false grounds – Supreme Court emphasizes that fraudulent actions nullify any benefits obtained – Reiterates that persons obtaining employment through fraud cannot claim constitutional protections under Article 311 [Paras 13-15].

Disciplinary Proceedings vs. Criminal Proceedings – Departmental and criminal proceedings can proceed simultaneously – Observations in the present judgment are specific to the service dismissal and do not influence the criminal proceedings pending in relevant courts [Paras 12, 15].

Decision: Appeals allowed – Orders of the High Court set aside – Tribunal’s dismissal of respondent-employees’ applications restored – No bearing on ongoing criminal proceedings – Costs made easy [Paras 15-17].

Real Estate Development – Slum Rehabilitation – Appeal against termination of development agreement for slum redevelopment project – Appellant failed to complete project within stipulated time – Prolonged delays attributed to litigation, environmental clearance, non-cooperation of slum dwellers, and financial instability – Supreme Court upheld termination – Emphasized statutory duty and accountability of authorities under Section 13 of the Maharashtra Slum Areas Act – Directed performance audit of statute [Paras 1-30].

Delays and Justifications – Breakdown of Delays – Delay from 2003-2011 due to litigation with competing developer – Delay from 2011-2014 attributed to obtaining environmental clearances – Delay from 2014-2019 caused by non-cooperation of slum dwellers and issues with draft development plan – Supreme Court rejected justifications for delays, holding appellant accountable [Paras 16-21].

Statutory Duty and Accountability – Sections 12 and 13 of Maharashtra Slum Areas Act – Duty of SRA and CEO to ensure timely completion of slum rehabilitation projects – Accountability of authorities emphasized – Supreme Court directed performance audit to assess and improve implementation [Paras 7-13, 23-27].

Financial and Technical Capabilities – Appellant’s Financial Instability – Examination of financial agreements with third parties – High Court and AGRC findings on financial instability upheld – Supreme Court found financial instability detrimental to project completion [Paras 20-22, 28-30].

Maintainability of Proceedings – Complaints and Show Cause Notice – Withdrawal of complaints by some members of managing committee – Issue of authorisation for filing appeal – Supreme Court held proceedings maintainable despite withdrawal of complaints – AGRC and SRA’s suo motu power under Section 13(2) upheld [Paras 21-22, 29-31].

Judicial Review – Facilitating Access to Justice – Role of Judiciary in Ensuring Effective Functioning of Statutes – Supreme Court highlighted need for judicial facilitation of systemic reforms – Directed Bombay High Court to initiate suo motu performance audit of Maharashtra Slum Areas Act [Paras 31-42].

Decision: Appeal dismissed – Conviction and sentence affirmed – Costs quantified at Rs. 1,00,000/- payable to Supreme Court Mediation and Conciliation Project Committee – Directed Bombay High Court to constitute a bench for performance audit of statute.

Legal Profession – Enrolment Fees – Challenge to State Bar Councils (SBCs) charging fees in excess of the statutory enrolment fee prescribed under Section 24(1)(f) of the Advocates Act – Supreme Court held that miscellaneous fees charged by SBCs in addition to enrolment fees are part of the enrolment fee and cannot cumulatively exceed the amount specified in Section 24(1)(f) – Declared all fees charged at the time of enrolment, including application, processing, postal, police verification, ID card, administrative, and photograph fees, must be within the prescribed enrolment fee limits [Paras 1-67].

Delegated Legislation – SBCs and Bar Council of India (BCI) rule-making powers – Supreme Court reiterated that SBCs and BCI cannot invoke rule-making powers to prescribe fees beyond those stipulated by substantive provisions of the Advocates Act – BCI resolution fixing revised enrolment fees for general and SC/ST candidates was held to be devoid of legal authority [Paras 30-67].

Constitutional Law – Right to Practice – Article 19(1)(g) – Imposition of exorbitant enrolment fees by SBCs constitutes an unreasonable restriction on the right to practice law – Declared such fees manifestly arbitrary and violative of Article 14 and 19(1)(g) of the Constitution – Directed SBCs and BCI to devise methods to charge reasonable fees for services rendered post-enrolment rather than burdening law graduates at the entry stage [Paras 60-100].

Decision: Writ Petition allowed – Orders of SBCs charging fees in excess of those stipulated under Section 24(1)(f) set aside – Directed SBCs to adhere strictly to statutory enrolment fee limits – Judgment to have prospective effect, no refund required for fees collected before the date of judgment [Para 108-111].

Consumer Law – Real Estate – Refund of Deposited Amount – The appeal arose from an order directing the respondent-developer to refund the entire sum deposited by the appellants with interest – Commission initially ordered 9% interest – Supreme Court modified the interest rate to 12% per annum from the date of deposit till refund – Developer's claim of force majeure due to delay in sanctioning plans rejected – Developer directed to pay within three months [Paras 1-11].

Consumer Protection – Interest Rate on Refund – Appellant argued that interest rate disparity was unjust – Agreement allowed 24% interest for delayed payment by buyer and 12% for delayed construction by developer – Supreme Court found Commission's award of 9% insufficient, increased to 12% in accordance with the agreement's terms [Paras 6-10].

Decision: Appeal partly allowed – Refund with interest at 12% per annum from deposit date till refund – Payment to be made within three months [Para 10].