Election Law – Secrecy of Voting – Petitioners challenged Rules 41(2), 41(3), and 49-O for violating the secrecy of voting – Court emphasized the importance of secrecy to ensure free and fair elections – Held, these rules violated Articles 19(1)(a) and 21 of the Constitution – Directions issued to the Election Commission to provide a 'None of the Above' (NOTA) option on Electronic Voting Machines (EVMs) to maintain secrecy and ensure free expression [Paras 1-62].

Right to Vote – Fundamental Rights and Statutory Rights – Court held that while the right to vote is a statutory right, the freedom to vote or not vote is a facet of the fundamental right of expression under Article 19(1)(a) – Reiterated that secrecy in voting is integral to the electoral process [Paras 19-21, 26-28, 32-35].

Maintainability – Article 32 Petition – Court rejected the Union of India's contention that the petition was not maintainable under Article 32 as it did not pertain to a fundamental right – Held, the petition was maintainable as it involved the fundamental right of expression and the statutory right to vote [Paras 16-25].

Implementation – NOTA in EVMs – Court directed the Election Commission to include a NOTA button on EVMs – Emphasized that this would enhance voter participation and ensure that voters can express dissatisfaction with all candidates without violating the secrecy of the ballot [Paras 37-60].

Decision: Writ Petition disposed of with directions – Election Commission to implement NOTA option in EVMs and conduct awareness programs to educate voters [Para 62].

Criminal Procedure – Bail – Cancellation – High Court canceled bail granted by the Additional Sessions Judge – Allegation that trial judge misconstrued High Court's directions while granting bail – Supreme Court held that the trial judge’s order was based on a misinterpretation and lacked consideration of relevant factors under Section 439 CrPC – Order granting bail set aside – Directions issued for the appellant to surrender and apply afresh for bail [Paras 16-20, 25-27].

Judicial Discretion – Anticipatory Bail – High Court's Order – Supreme Court clarified that High Court's direction to surrender and apply for bail should not be misconstrued as a directive to grant bail – Emphasized the need for proper judicial discretion and consideration of relevant factors in bail applications [Paras 15, 21-23, 29].

Cancellation of Bail – Parameters – Supreme Court differentiated between setting aside an illegal bail order and cancellation due to misconduct or supervening circumstances – Highlighted the necessity of maintaining judicial integrity and adherence to statutory provisions [Paras 20, 28].

Decision: Appeal disposed of – Supreme Court set aside the order of bail and directed the appellant to surrender – Liberty granted to apply for regular bail, which should be considered on merits without influence from the previous cancellation order [Paras 26-30].

Maintenance – Arrears – Limitation – High Court restricted arrears of maintenance to one year prior to the date of application under Section 125(3) CrPC – Supreme Court held this interpretation incorrect – Clarified that the proviso to Section 125(3) does not limit entitlement but rather restricts the mode of recovery through sentencing – Directed full payment of arrears and current maintenance [Paras 4-8].

Mode of Recovery vs. Mode of Satisfaction – Sentencing under Section 125(3) CrPC – Supreme Court emphasized that sentencing for default is a mode of enforcement, not satisfaction of liability – Liability remains until actual payment is made [Paras 5, 6].

Continuing Liability – Maintenance under Section 125 CrPC – Recognized the ongoing nature of the liability to pay maintenance – Acknowledged that successive applications can be filed for subsequent defaults [Paras 6, 7].

Decision: Appeal allowed – High Court's order set aside – Directed the respondent to pay entire arrears from the date of the original maintenance petition and continue monthly payments – Non-compliance to result in issuance of arrest warrant and imprisonment under Section 125(3) CrPC [Para 8].

Sales Tax – Works Contracts – Definition and Taxability – Whether the definition of 'works contract' under the Karnataka Sales Tax Act and the Maharashtra Value Added Tax Act includes transactions involving the sale of flats by developers to prospective purchasers – Court held that such transactions are works contracts as they involve the transfer of property in goods in the execution of a works contract – Upheld the constitutional validity of the provisions allowing taxation of such transactions [Paras 2-67].

Constitutional Law – Article 366(29A) – Scope and Interpretation – Clarified that Article 366(29A)(b) allows states to bifurcate works contracts into separate contracts for the sale of goods and supply of labour and services, thereby enabling the imposition of sales tax on the value of goods involved in the execution of the works contract – Dominant intention test inapplicable post Forty-sixth Constitutional Amendment [Paras 52-67].

Contracts – Development Agreements – Taxation – Agreement between developers and purchasers for the sale of flats, which includes construction activity, is a composite contract and deemed a works contract – States have the power to levy sales tax on the material component of such contracts – Emphasized that the nature of the agreement and the transfer of goods therein fall under the purview of works contracts [Paras 20-27, 52-67].

Decision: Appeals dismissed – Upheld the decisions of the Karnataka and Bombay High Courts – Confirmed the taxability of goods involved in the execution of works contracts under the respective state laws [Para 67].

Criminal Procedure – Transfer of Cases – Jurisdiction – Appellants challenged the transfer of their cases from the Magistrate’s Court to the Special Judge – Contended the transfer was unlawful as it deprived them of the right to trial by the designated Magistrate and potentially reduced their rights to appeal – Court held the transfer was lawful as the High Court has the administrative power under Article 227 of the Constitution to transfer cases for administrative exigency – No prejudice caused to appellants as their right to appeal remains intact [Paras 1-21, 22-53].

Administrative Law – High Court’s Power under Article 227 – Scope and Limits – Upheld the High Court’s administrative power to transfer cases, provided it does not impinge upon or prejudicially affect the rights of parties – Distinguished from judicial power of transfer under Section 407 CrPC, noting the duality of High Court’s powers in administrative and judicial domains [Paras 19, 43-45].

Criminal Law – FERA – Non-Cognizable Offences – Determined that offences under Section 56 of FERA are non-cognizable, and the Special Judge is authorized to try such cases – Emphasized that the administrative transfer did not violate statutory provisions nor the appellants’ constitutional rights [Paras 14, 17, 24-34].

Appeals and Revisions – Right to Appeal – Clarified that transferring a case from the Magistrate to the Special Judge does not eliminate the right to appeal but changes the appellate forum from Sessions Court to High Court – Affirmed no vested right to revision exists, as it is a procedural facility rather than a substantive right [Paras 35-41, 46-51].

Decision: Special Leave Petitions dismissed – Upheld the High Court’s administrative transfer of cases from Magistrate to Special Judge as lawful and consistent with the Constitution and statutory framework [Para 53].

Criminal Procedure – Monitoring of Investigation – Continuation – Appellants sought continued monitoring of the investigation into the encounter killing of Dara Singh even after the filing of the charge-sheet – Court held that monitoring should cease once the charge-sheet is filed, allowing the trial to proceed under the jurisdiction of the competent court – Emphasized that further monitoring would interfere with the judicial functions of the trial court [Paras 1-15].

Judicial Administration – Powers of the High Court – Article 227 of the Constitution – Upheld the High Court's administrative power to transfer cases for administrative exigency without impinging on the rights of parties – Distinguished from judicial power under Section 407 CrPC [Para 19].

Right to Fair Trial – Investigation and Prosecution – CBI Investigation – The Court ensured proper investigation by directing CBI to take over and complete the investigation – CBI’s charge-sheet and supplementary charge-sheet indicated completion of the investigation, shifting the jurisdiction to the trial court [Paras 3-14].

Decision: Criminal miscellaneous petitions disposed of – Held that continued monitoring by the Supreme Court is not required as the investigation is complete, and the trial is in progress before the competent court – Directed that any further directions can be sought through appropriate legal avenues within the trial court’s domain [Para 15].

Industrial Disputes – Misconduct – Dismissal from Service – Appellant, a driver, was dismissed for traveling without a ticket, abusing, and threatening the checking squad and higher officials – The Labour Court upheld the dismissal, refusing to exercise discretion under Section 11A of the Industrial Disputes Act – Single Judge modified the punishment to withholding two increments with cumulative effect – Division Bench restored the dismissal – Supreme Court upheld the Division Bench's decision, emphasizing the gravity of the misconduct and the appellant’s past record [Paras 2-10].

Discretion under Section 11A of the Industrial Disputes Act – Exercise of Discretion – Highlighted that discretion under Section 11A should be exercised judicially and judiciously, considering the gravity of misconduct, past record, and potential repercussions on the establishment – Interference with the punishment of dismissal should not be made casually [Paras 8-10].

Employees' Pension Scheme, 1995 – Pension Eligibility – The Court noted that under Paragraph 12(8) of the Employees' Pension Scheme, 1995, an employee dismissed from service is eligible for pension if they have completed the pensionable service – Directed that the appellant or his dependents could approach authorities for settlement of benefits under the scheme [Paras 11-13].

Decision: Appeal dismissed – Upheld the dismissal of the appellant from service – Directed the appellant to approach the concerned authorities for pension benefits under the Employees' Pension Scheme, 1995 [Para 13].

Family Law – Hindu Marriage – Validity – Both parties were minors at the time of the alleged marriage – Respondent claimed marriage and birth of a daughter – Trial Court and First Appellate Court recorded findings of minor status and proceeded on merits – High Court set aside merits, holding suits not maintainable as parties were minors – Supreme Court found High Court’s observations on criminal prosecution under Section 376 IPC inappropriate – Emphasized reconciliation in matrimonial disputes [Paras 1-10].

Matrimonial Dispute – Section 9 of Hindu Marriage Act – High Court’s Observations – Supreme Court disapproved of High Court's suggestion to initiate criminal proceedings under Section 376 IPC – Held that the primary concern should be to restore peace and encourage reconciliation – Criticized the lack of mediation efforts in matrimonial matters [Para 8].

Children – Maintenance – Acknowledged that even an illegitimate child is entitled to maintenance – Highlighted the importance of focusing on the welfare of children in matrimonial disputes [Para 8].

Decision: Appeal allowed – Deleted the observations made in Paragraph 4 of the High Court’s judgment – Directed focus on reconciliation and mediation in matrimonial disputes [Para 9].

Arbitration – Evidence – Section 27 of Arbitration and Conciliation Act – The Bombay High Court allowed the application under Section 27 of the Act to direct the appellant to produce certain sales tax assessment orders – Appellant’s objections on confidentiality and availability of documents were rejected – Supreme Court upheld the High Court's decision, emphasizing that Section 27 enables the Tribunal to seek court assistance for evidence from any person, including parties to the arbitration [Paras 2-26].

Confidentiality – Sales Tax Assessment Orders – Section 71 of Maharashtra Value Added Tax Act – The Court rejected the appellant’s claim that sales tax assessment orders were confidential under Section 71 – Held that the confidentiality provision applies to government officers, not parties to the arbitration – Appellant's change in stance regarding availability of documents was considered an afterthought [Paras 23-25].

Discretion – Drawing Adverse Inference – The Court noted that while the Tribunal could draw an adverse inference for non-production of documents, it was justified in seeking actual evidence for a fair determination of the claim [Para 21].

Decision: Appeal dismissed – Upheld the order directing the appellant to produce the specified documents before the Arbitral Tribunal [Para 26].