Public Employment – Judicial Review of Selection Process – Appeal against the Delhi High Court’s decision finding fault with the selection process for Security Assistants Grade-II – Supreme Court emphasized the limited scope of judicial review in such matters, highlighting that courts should not impose their own standards over those set by the selecting authority – Uniform application of criteria deemed fair and non-discriminatory [Paras 1-29].

Selection Criteria – Marks Allocation – Court upheld the splitting of interview marks (25 marks in total) to include marks for desirable qualifications such as NCC/Sports and Computer certificates – Call letters had informed candidates about the importance of these certificates, negating any claims of arbitrariness or prejudice [Paras 8-25].

Precedent and Consistency – Earlier High Court decisions in similar cases (e.g., Mahesh Kumar case) upheld similar selection processes – Supreme Court reiterated the importance of consistency and the need to avoid re-evaluating settled procedural norms unless there is a clear statutory violation [Paras 19-20, 28].

Decision: Appeals allowed – High Court’s judgments set aside – Original selection process upheld as fair and consistent with advertised requirements – No costs awarded [Para 29].

Promotion – Seniority-cum-Merit – Appellant’s claim for promotion to the post of Battalion Commander rejected – Court upheld the principle that promotion based on "seniority-cum-merit" requires the candidate to meet a minimum merit benchmark – Appellant failed to meet this benchmark due to average ACRs and ongoing criminal proceedings during the relevant period [Paras 1-19].

Criteria for Promotion – Executive Instructions – Validity of executive instructions fixing a benchmark for promotion – Instructions applied retrospectively to vacancies arising before their issuance – Court held such criteria to be valid and within the employer’s policy-making domain – Appellant’s challenge to the instructions was dismissed as they codified existing legal principles [Paras 16-18].

Judicial Clean Hands Doctrine – Court noted appellant’s failure to disclose ongoing criminal proceedings, affecting the credibility of his claims – Emphasized the importance of clean hands for equitable relief [Para 19].

Decision: Appeals dismissed – High Court’s order upheld – Appellant’s challenge to promotion process and executive instructions found meritless [Para 20].

Criminal Law – Conviction and Sentencing – Appellant convicted under Section 324 IPC for causing injuries with a gunshot – High Court acquitted appellant under Sections 307 and 380 IPC but maintained conviction under Section 324 IPC – Appellant’s contention that the conviction under Section 324 IPC was not proven beyond reasonable doubt due to non-recovery of the weapon was rejected – Evidence including witness testimonies and medical reports supported conviction [Paras 3-13].

Sentencing – Appropriate Sentence – Supreme Court emphasized the principle of proportionality in sentencing – Considering the nature of the injury, the appellant's age, and the lapse of time since the incident, the Court reduced the sentence from three years to one year rigorous imprisonment and imposed a compensation of Rs. 20,000 to be paid to the victim under Section 357(3) CrPC [Paras 14-24].

Decision: Appeal disposed of with modification in sentence – Conviction under Section 324 IPC upheld – Sentence reduced to one year rigorous imprisonment – Compensation of Rs. 20,000 to be paid to the victim [Para 25].

Land Acquisition – Jurisdiction of Civil Courts – Appellant-Bangalore Development Authority (BDA) challenged the High Court’s decision remanding the matter for fresh disposal – Supreme Court held that the civil court has no jurisdiction to entertain a suit concerning land acquired under the Land Acquisition Act – The High Court erred in remanding the case to allow respondents to adduce evidence regarding possession when the suit was not maintainable in the first place [Paras 5-15].

Acquisition Proceedings – Completeness and Possession – Court emphasized that once land is acquired, the procedure under the Land Acquisition Act is complete, and possession is handed over, civil courts cannot interfere – Remedy lies only under Article 226 of the Constitution or by appeal under Section 54 of the Land Acquisition Act [Paras 9-13].

Decision: Appeals allowed – High Court’s remand order set aside – Trial court’s decision dismissing the suit restored – No order as to costs [Paras 16-17].

Criminal Law – Abetment of Suicide – Appeal against High Court’s decision upholding the conviction under Sections 306 and 498A IPC – Supreme Court examined evidence including witness testimonies and undertakings (Exhibits 47 and 48) given by the appellant and deceased – Found insufficient evidence to prove cruelty or abetment beyond reasonable doubt – Presumption under Section 113A of the Indian Evidence Act not attracted [Paras 6-14].

Criminal Procedure – Section 313 CrPC – Importance of examining the accused to explain circumstances appearing in the evidence against them – Appellant's explanation that accusations were due to property dispute considered [Para 4].

Evidence – Insufficient Proof of Cruelty – Testimonies of key witnesses (PW-1 and PW-4) did not establish continuous cruelty or specific acts leading to the deceased's suicide – Medical evidence and post-mortem report contradicted claims of severe ill-treatment before death [Paras 10-14].

Decision: Appeal allowed – High Court and trial court’s judgments set aside – Appellant acquitted of charges under Sections 306 and 498A IPC – Bail bonds discharged [Para 15].

Guardianship and Adoption – Single Prospective Parent – Appeal against the rejection of applications under Sections 7 and 26 of the Guardians and Wards Act for appointing the appellant as the guardian of a female orphan child and for permission to take the child out of the country for adoption – Supreme Court noted the appellant's age exceeded the permissible limit under the Guidelines but considered the relaxation provided by the Central Adoption Resource Authority (CARA) – Reiterated the need for adherence to guidelines ensuring the child's welfare and suitability of the adoptive parent [Paras 2-10].

Inter-country Adoption – Legal and Procedural Compliance – Court observed that all procedural requirements under the Juvenile Justice (Care and Protection of Children) Act, 2000, and the corresponding Rules were met – Noted that CARA’s No Objection Certificate and compliance with all guidelines ensured no malpractice or trafficking concerns – Highlighted the importance of a conducive environment for the child's growth and development [Paras 6-11].

Decision: Appeals allowed – High Court and trial court’s orders set aside – Appellant appointed as the legal guardian of the minor female child Tina – Permission granted to take the child to the USA for adoption – CARA directed to issue the necessary conformity certificate [Para 11].

Civil Law – Inheritance and Adverse Possession – Appeal against the Patna High Court's judgment allowing Plaintiff-Respondent to be declared absolute owner of suit property – High Court reversed the trial court’s decree which partially favored defendants' adverse possession claims – Supreme Court upheld High Court’s decision, confirming Plaintiff’s rightful inheritance and dismissing adverse possession claims due to guardian's fiduciary duty and custodial possession of property [Paras 1-17].

Guardian and Ward – Fiduciary Duty – Court emphasized the fiduciary duty of court-appointed guardians to act in the best interest of the ward's property – Guardian's unauthorized transactions and possession claims invalid – Property remained in custodia legis, preventing adverse possession claims by guardian or others [Paras 12-15].

Adverse Possession – Inapplicability – Court rejected defendants' adverse possession claims – Held that continuous possession by guardian, and later by defendants, did not constitute adverse possession due to the fiduciary and custodial nature of possession [Paras 14-16].

Hindu Succession Act – Legal heirs – Plaintiff, as the daughter of the last male holder, declared rightful owner upon civil death of widow – Court affirmed that widow’s remarriage and subsequent actions did not affect Plaintiff's inheritance rights [Paras 15-16].

Decision – Appeal dismissed – High Court's judgment affirmed – Plaintiff declared absolute owner of suit property – Defendants' adverse possession claims rejected – Directions issued for proper account and discharge of fiduciary duties by guardian [Para 17].

Criminal Law – Murder Conviction – Appellants convicted for the brutal murder of four family members over a property dispute – Trial court awarded death sentence, confirmed by the High Court – Supreme Court reviewed mitigating circumstances, including appellants' ages and potential for reformation – Death sentence commuted to life imprisonment with a mandatory minimum of thirty years without remission [Paras 1-14].

Sentencing – Aggravating and Mitigating Circumstances – Court highlighted the need for balancing aggravating circumstances of the crime and mitigating factors concerning the accused – Emphasized that death penalty should only be imposed in the "rarest of rare cases" – Applied principles from precedent cases, including Sangeet v. State of Haryana and Bachan Singh v. State of Punjab [Paras 11-13].

Judicial Approach – Rare of Rare Cases Test – Explained that sentencing should consider society’s abhorrence, indignation, and antipathy towards the crime – Reaffirmed that the test should be society-centric and not judge-centric – Determined that life imprisonment with a fixed term serves justice adequately in this case [Paras 13-14].

Decision – Appeal partly allowed – Death sentences commuted to life imprisonment – Appellants to serve a minimum of thirty years in jail without remission [Para 14].

Civil Law – Injunction – Appellants filed suit for permanent injunction against respondents to prevent interference with their possession of suit property – Trial court granted interim injunction under Order 39 Rule 1 and 2 CPC – High Court reversed this decision, misinterpreting Section 53A of the Transfer of Property Act and Order 2 Rule 2 CPC – Supreme Court reinstated trial court’s interim injunction, emphasizing proper procedure and legal standards [Paras 2-7].

Interim Relief – Applicability of Section 53A of Transfer of Property Act – High Court erred in applying Section 53A, which pertains to part performance of contract, to a case primarily concerning possession and injunction – Supreme Court clarified scope and relevance of Section 53A in the context of interim relief for possession [Paras 6-7].

Order 39 Rule 1 and 2 CPC – Criteria for Granting Injunction – Trial court correctly granted interim relief based on prima facie possession and threat of dispossession – Supreme Court upheld trial court’s rationale and procedures, rejecting High Court’s improper expansion of the case scope [Paras 4-7].

Decision – Appeal allowed – High Court’s order set aside – Interim injunction granted by trial court reinstated – Trial court directed to expedite hearing and dispose of the suit within four months, uninfluenced by observations of higher courts [Paras 8-9].