Civil Procedure – Amendment of Pleadings – Order 6 Rule 17 CPC – Permissibility of amendment of pleadings to determine real question in controversy – Amendment allowed if made prior to commencement of trial – If made after commencement, due diligence must be shown – Amendment sought to challenge sale deeds and include relief of cancellation – Amendment does not change nature of suit – Application allowed [Paras 5-16].

Factual Basis – Unamended Plaint – Entire factual matrix for relief sought under proposed amendment already set out in unamended plaint – Challenge to voidness of sale deeds implicit in factual matrix – Relief of cancellation does not change nature of suit [Paras 9-10].

Legal Principles – Amendment to Protect Interest – Amendment necessary for determining real questions in controversy – Should not change basic nature of suit – Larger interest of justice served by allowing amendments – References to relevant case law [Paras 7-8, 14-15].

Decision: Appeal allowed – Orders of trial court and High Court rejecting application for amendment set aside – Application for amendment allowed – Trial court directed to dispose of the suit within six months – No order as to costs [Para 16].

Criminal Procedure – Bail – Cancellation – Appeal against bail granted by Gujarat High Court to Amitbhai Anil Chandra Shah – Court reluctant to cancel bail but imposes conditions – Amitbhai Shah directed to give an undertaking and report to CBI office every alternate Saturday – Bail in Sohrabuddin case not to influence bail decisions in Prajapati case [Paras 29-32].

Criminal Procedure – Transfer of Case – Section 406 CrPC – Transfer of Sohrabuddin case outside Gujarat – Ordered to ensure fair trial – Case transferred to CBI court in Mumbai – Court directs completion of investigation within six weeks and permits CBI to seek transfer of Prajapati case to the same court [Paras 33-43].

Investigation – CBI – Investigation into larger conspiracy in Sohrabuddin and Prajapati cases – Court expresses concern over attempts to obstruct investigation – Ensures that trial and investigation are not compromised [Paras 10-24].

Decision: Appeal dismissed – Transfer petition allowed – Sohrabuddin case transferred to CBI court in Mumbai – Amitbhai Shah to comply with conditions of bail – CBI directed to complete investigation within six weeks [Paras 30-43].

Constitutional Law – Legislative Competence – Pondicherry Protection of Interests of Depositors in Financial Establishments Act, 2004 – Challenge to validity on grounds of legislative competence – Act passed under Entries 1, 30, 32 of List II and Entries 1, 8, 13, 21 of List III – Pondicherry Act held valid, protecting depositors’ interests [Paras 1-48].

Legislation – Public Interest – Protection of Depositors – Objectives of the Act to safeguard interests of depositors from fraudulent financial establishments – Act covers both incorporated and unincorporated entities accepting deposits – Upheld on grounds of public interest and legislative competence [Paras 36-47].

Interpretation of Statutes – Definition of 'Person' – Inclusive of both natural and juristic persons – Includes companies under Companies Act, 1956 – Act validly applies to the appellant, a company accepting deposits [Paras 14-17].

Judicial Review – Repugnancy and Presidential Assent – Article 254 of Constitution – State law prevails if it receives Presidential assent – Pondicherry Act has Presidential assent, hence prevails despite central laws on similar subjects [Paras 43-45].

Decision: Appeals dismissed – Pondicherry Protection of Interests of Depositors in Financial Establishments Act, 2004 upheld – Appellant to bear costs of Rs. 100,000 [Paras 48].

Criminal Procedure – Committal of Cases – Sections 207-209 CrPC – Magistrate's duty to commit cases triable by Sessions Court – Magistrate has no jurisdiction to discharge accused in such cases – Order of discharge by Magistrate held nullity and without jurisdiction [Paras 10-14].

Recording of Statements – Section 164 CrPC – Statements to be recorded only when produced by police – Independent appearance before Magistrate invalid without proper identification – Statements recorded in haste without identification lack legal sanctity – Previous judgments considered and followed [Paras 5-8, 16-17].

Evidence – Handwriting Comparison – Sections 45, 73 Indian Evidence Act – Court can compare handwriting/signatures but must do so with caution – Discrepancies in signatures lead to suspicion – Importance of expert opinion in handwriting comparison emphasized [Paras 19-23].

Appreciation of Evidence – At Stage of Framing Charge – Sections 227 CrPC – Court to consider only prosecution documents – Defence documents cannot be considered – Court must not conduct a mini trial at this stage – Application of principles from relevant case law [Paras 11-12].

Decision: Appeal dismissed – Order of High Court upheld – Sessions Court to proceed expeditiously – Observations made are not to affect parties adversely in subsequent proceedings [Paras 25].

Constitutional Law – Presidential Reference – Article 143(1) – Scope and Breadth – Supreme Court has discretionary power to decline to answer a reference for good reasons – Satisfaction of the President regarding the nature and importance of the questions is essential – No mandatory format required for the reference [Paras 23-33].

Disposal of Natural Resources – Methods – Auction as Permissible Method – Questions posed about the necessity and exclusivity of auctions for all natural resources across all sectors and circumstances – Examination of broad legal principles and their implications [Paras 28-29].

Impact of Judicial Decisions – Review and Reconsideration – Jurisdiction and Discretion of the Court – Reference under Article 143(1) does not entail appellate or review jurisdiction – Analysis of precedents to clarify or restate principles of law [Paras 30-32].

Maintainability – Filing and Withdrawal of Review Petition – No impact on the maintainability of Presidential Reference – Distinction between judicial review and advisory opinion [Paras 33-34].

Decision: Reference held maintainable – Supreme Court to proceed with answering the questions posed in the Presidential Reference – Examination of legal principles related to the disposal of natural resources and the implications of the judgment in the 2G case [Paras 35-36].

Criminal Law – Murder – Conviction – Delay in lodging FIR explained – Prosecution case supported by medical evidence – Evidence of PWs inspiring confidence – Conviction affirmed [Paras 1-16].

Delay in FIR – Explained – Delay in lodging FIR due to efforts to save the life of the deceased – Incident occurred at 7 a.m., FIR lodged after the deceased died at 7:30 p.m. [Para 11].

Witness Credibility – Related Witnesses – Testimonies of related witnesses not to be discarded if corroborated by evidence – Presence of witnesses at the scene established as they also sustained injuries [Para 6].

Dying Declaration – Absence Not Affecting Prosecution – Deceased was unconscious until death – No dying declaration could be recorded [Para 12].

Minor Injuries to Accused – No Impact on Prosecution Case – Prosecution’s failure to explain minor injuries on accused does not discredit its case [Para 13].

Medical Evidence – Cause of Death – Post mortem report established cause of death as head injury with multiple injuries over the body – Supported by evidence from PWs [Para 14].

Decision: Appeals dismissed – Conviction and sentence under Section 302 read with Section 34 IPC affirmed – Prosecution proved its case beyond reasonable doubt [Para 16].

Criminal Procedure – Right to Fair Trial – Section 207 CrPC – Right of accused to obtain copies or inspection of documents forwarded to the court with the investigation report under Section 173(5) CrPC – Denial of access to unmarked and unexhibited documents potentially prejudicial to the accused – Right to fair trial under Article 21 of the Constitution includes access to such documents [Paras 11-20].

Investigative Fairness – Duties of Investigating Agency – Requirement to maintain a case diary and forward all documents relevant to the prosecution – Investigating Officer’s obligation to provide all relevant documents, including those potentially favorable to the accused, to ensure a fair investigation and trial [Paras 11-15].

Examination of Accused – Section 313 CrPC – Importance of accused having access to all documents to provide effective answers during examination – Denial of documents impedes fair opportunity to defend and may lead to prejudice [Paras 19-20].

Decision: Appeals allowed – Accused to be allowed inspection of unmarked and unexhibited documents referred to in the application dated 29.03.2012 – Inspection to be completed within 21 days from receipt of this order by the trial court – The process of inspection will not affect the validity of the trial till date, including completed examination of accused No. 1 under Section 313 CrPC [Paras 20-21].

Income Tax – Charitable Purpose – Section 11(1)(a) Income Tax Act, 1961 – Application of Income – Whether amounts transferred by the Assessee (Market Committee) to Mandi Parishad (Board) constitute application of income for charitable purposes – Held: Transfer of amounts by Mandi Samiti to Mandi Parishad constitutes application of income for charitable purposes under Section 11(1)(a) – Assessee continues to enjoy registration under Section 12AA of the Income Tax Act – No merit in Department’s contention that income was not utilized for charitable purposes [Paras 6-10].

Interpretation of Statutes – Statutory Scheme – Application of Income – Sections 19(2) and 19B of Uttar Pradesh Krishi Utpadan Mandi Adhiniyam, 1964 – Analysis of statutory obligations and application of income for purposes of the Adhiniyam – Surplus income to be invested as prescribed – Application of income includes payments to statutory funds under the Adhiniyam [Paras 6-8].

Voluntary Contributions – Assessing Officer’s Finding – Misinterpretation – Assessing Officer erred in invoking Section 12(1) of Income Tax Act – Transfer of amounts by Mandi Samiti to Mandi Parishad not voluntary contributions but statutory obligations – Distinction between income under Section 11(1)(a) and voluntary contributions under Sections 11(1)(d) and 12(1) [Para 9].

Decision: Appeals dismissed – Transfer of amounts by Mandi Samiti to Mandi Parishad constitutes application of income for charitable purposes under Section 11(1)(a) of Income Tax Act – No costs awarded [Paras 9-10].

Negotiable Instruments – Dishonour of Cheque – Multiple Presentations – Sections 138 and 142 NI Act – Cause of Action – Every presentation of a cheque within its validity period followed by dishonour and statutory notice provides a fresh cause of action for prosecution under Section 138 – No restriction on presenting a dishonoured cheque multiple times within its validity period – Previous ruling in Sadanandan Bhadran's case overruled [Paras 12-14, 20-22, 31].

Legal Interpretation – Cause of Action – Section 142 NI Act – Expression ‘cause of action’ not limited to the first presentation and dishonour of a cheque – Holder of a cheque has the right to present it multiple times within its validity period – Right to prosecute accrues with every subsequent dishonour if statutory notice requirements are met [Paras 18-22].

Procedural Fairness – Deferred Prosecution – Option to Defer Legal Action – Holder of a cheque can choose to defer prosecution even after issuing a notice upon first dishonour – No legal forfeiture of the right to prosecute upon subsequent dishonour if initial prosecution was deferred [Paras 23-24].

Decision: Appeals allowed – Overruling of the decision in Sadanandan Bhadran's case – Prosecution based on second or subsequent dishonour permissible if statutory requirements of Section 138 are satisfied – Complaints to be examined by lower courts in light of this interpretation [Paras 32-33].