Motor Accident Compensation – Appeal – Appellant insurance company challenged the enhancement of compensation awarded to the dependants of Nanag Ram – High Court dismissed the special appeal based on Section 100A CPC, which bars further appeal in certain cases – Supreme Court upheld the High Court's decision and enhanced the compensation using an appropriate multiplier [Paras 1-12].

Deduction towards Personal Expenses – Supreme Court reiterated that the rule of 1/3rd deduction towards personal expenses is not inflexible – In cases involving a large number of dependents, a lower percentage may be appropriate – Held that the High Court was justified in not applying the 1/3rd deduction rule [Paras 13-20].

Application of Multiplier – Tribunal and High Court applied a multiplier of 10 – Supreme Court corrected this by applying a multiplier of 15, in line with the deceased's age of 36 years as per Sarla Verma v. Delhi Transport Corporation (2009) – Recalculated total compensation accordingly [Paras 21-24].

Decision: Appeal dismissed – Compensation enhanced to Rs. 1,063,040 with interest at 12% per annum from the date of filing the claim petition – Additional costs of Rs. 5 lakhs imposed on the appellant due to prolonged enjoyment of interim relief [Paras 25-29].

Arbitration – Lease Agreement Termination – Cox and Kings Ltd. (petitioner) sought stay on the termination of the lease arrangement by IRCTC for operating the Luxury Tourist Train, Maharaja Express – Dispute arose regarding the termination of the Joint Venture Agreement and the Memorandum of Understanding for operating the train [Paras 1-6].

Interim Relief and Receiver Appointment – Delhi High Court's Single Judge appointed a Receiver to oversee the train's operations due to advance bookings and public interest – Division Bench modified this, allowing IRCTC to honor existing bookings and continue operating the train under specific conditions while disputes were referred to arbitration [Paras 7-14].

Mandatory Injunction and Joint Venture – Supreme Court upheld the Division Bench's order, rejecting the petitioner's claim for mandatory injunction to operate the train – Held that the proper remedy for the petitioner was to seek damages for breach of the Joint Venture Agreement [Paras 15-23].

Arbitration Proceedings – Supreme Court emphasized the liberty of parties to appoint an Arbitral Tribunal to resolve their disputes – Observations by the High Court and Supreme Court not to influence the arbitral proceedings' outcome [Paras 24-25].

Decision: Special Leave Petitions dismissed – No orders on the Contempt Petitions – Costs to be borne by the parties [Paras 24-26].

Mental Cruelty – Divorce – Appellant-husband sought divorce under Section 13(1)(ia) of the Hindu Marriage Act, alleging mental cruelty by the respondent-wife – Trial court and appellate court dismissed the petition, stating that the allegations did not constitute mental cruelty – High Court upheld the concurrent findings of the lower courts, suggesting that only the Supreme Court could grant divorce under Article 142 for irretrievable breakdown of marriage [Paras 1-10].

Findings of Fact – Perversity – Supreme Court noted that the High Court failed to exercise jurisdiction despite allegations of perversity in the concurrent findings – Held that the conclusions of the lower courts were based on incorrect appreciation of evidence, ignoring material aspects, and leading to perverse findings [Paras 27-31].

Allegations and Evidence – The respondent-wife's allegations of the appellant's illicit relationship with another woman were not substantiated by evidence – Appellant was acquitted in the related criminal case under Section 494 IPC – Respondent's publication in a newspaper accusing the appellant of being a womaniser and drunkard was found to cause mental cruelty [Paras 34-38].

Subsequent Events – Supreme Court considered subsequent events, including defamatory publications and false criminal complaints, as contributing to mental cruelty – Concluded that the respondent's actions caused mental trauma, agony, and anguish to the appellant, justifying a decree of divorce [Paras 36-40].

Permanent Alimony – Court awarded permanent alimony of Rs. 50 lakhs to the respondent-wife, considering the appellant's financial status and the payments already made as interim maintenance [Paras 41-42].

Decision: Appeal allowed – Judgments of the lower courts set aside – Decree of divorce granted in favour of the appellant – Permanent alimony of Rs. 50 lakhs to be paid to the respondent within four months [Paras 43].

Medical Education – Establishment and Recognition of Medical Colleges – Appeals by the Medical Council of India (MCI) challenging the High Courts' decisions allowing private medical colleges to increase their admission capacities without following the procedures outlined in Section 10A of the Indian Medical Council Act, 1956 – The Supreme Court held that recognition of medical colleges and the increase in admission capacities must follow the mandatory processes and requirements set by the MCI and the Central Government [Paras 1-6].

Regulatory Framework – Compliance with MCI Regulations – Supreme Court emphasized that the process of establishing new medical colleges and increasing seats must comply with the regulations laid out by the MCI – Any deviation from these regulations without proper approval from the MCI and Central Government would render the degrees awarded as unrecognized [Paras 7-12].

Role of MCI and Central Government – Decision reiterated that while the MCI plays a critical role in recommending the establishment and recognition of medical colleges, the final authority rests with the Central Government – Detailed analysis of Sections 10A, 10B, and 11 of the Indian Medical Council Act and the corresponding regulations emphasized the statutory framework guiding these processes [Paras 13-19].

Judicial Review – The Court criticized the lower courts for overstepping their jurisdiction by allowing increased admissions without adhering to the regulatory framework – Reaffirmed that the judiciary should respect the expertise and regulatory authority of the MCI in matters of medical education standards [Paras 20-26].

Decision: Appeals allowed – High Court judgments set aside – Directions given to medical colleges to comply with the MCI and Central Government's regulations for any future increase in admission capacities – Writ petitions dismissed as they conflicted with statutory provisions [Paras 50-54].

Criminal Law – Dishonor of Cheque – Appellant R. Mohan was convicted under Section 138 of the Negotiable Instruments Act by the Vth Metropolitan Magistrate Court, Egmore, Chennai – Sentenced to three months simple imprisonment and to pay compensation of Rs. 5 lakhs to the complainant, A.K. Vijaya Kumar – Compensation awarded under Section 357(3) of CrPC with a default sentence of two months simple imprisonment – Conviction and sentence confirmed by the Sessions Court and High Court, but High Court set aside the default sentence for non-payment of compensation [Paras 1-7].

Compensation and Default Sentence – Supreme Court held that the power to award compensation under Section 357(3) CrPC includes the authority to impose a default sentence – Affirmed that compensation must have a deterrent effect and potential for enforcement through default imprisonment – Reiterated that courts can impose default sentences to ensure compliance with compensation orders, referencing prior judgments in Hari Singh, Suganthi Suresh Kumar, and Vijayan [Paras 10-18].

Judicial Reasoning – Examined the promissory note, cheque, diary entries, and tax returns – Concluded that the accused's defense lacked merit and the trial court's findings were justified – Compensation order with default sentence reinstated to ensure effective remedy for the complainant [Paras 8-9, 19-20].

Decision: Appeal by accused dismissed – Appeal by complainant allowed – High Court's decision to quash the default sentence set aside – Magistrate's order awarding two months simple imprisonment in default of compensation payment restored – Accused granted two months to pay the compensation [Paras 20].

Election Law – Improper Acceptance of Nomination Papers – Appellant challenged the acceptance of nomination papers of respondents in the election to the Korba Parliamentary Constituency, alleging defects in the affidavits required under Section 33A of the Representation of the People Act, 1951 – High Court dismissed the petition for not disclosing a cause of action – Supreme Court upheld the High Court's decision, stating the defects alleged were not of a substantial character as required by Section 36(4) of the Act [Paras 1-6, 12-15].

Material Facts and Cause of Action – Supreme Court emphasized the necessity of disclosing material facts in an election petition – Held that the appellant failed to demonstrate how the alleged defects in affidavits materially affected the election results – Affidavits filed by candidates indicated no outstanding liabilities, thus non-substantial defects in format did not warrant rejection of nomination papers [Paras 8-11, 16].

Judicial Reasoning – Affirmed that substantial compliance with procedural requirements is sufficient unless defects are of a substantial character impacting the election outcome – The appellant's failure to allege or prove any substantial non-compliance or material effect on the election justified dismissal of the petition [Paras 12-16].

Decision: Appeal dismissed – High Court's dismissal of the election petition upheld – No costs awarded [Para 17].

Compassionate Appointments – Eligibility and Timeliness – Appeals arise from similar High Court orders allowing claims for compassionate appointments – Petitioners sought appointment on compassionate grounds following the death of family members employed in various educational institutions – High Court directed institutions to appoint eligible respondents [Paras 2-6].

Kerala Education Rules – Rule 51B and Rule 9A – Statutory provisions require managers of aided schools to appoint dependants of deceased employees – Applications for compassionate appointments must comply with government orders stipulating eligibility, income, and timing – Claims made within prescribed periods are valid if conditions are met [Paras 7-10].

Delay in Applications – Significant delays in filing applications for compassionate appointments generally invalid – High Court found in error where delays exceeded stipulated periods – Compassionate appointments aim to provide immediate relief to families in distress – Excessive delays undermine scheme’s purpose [Paras 14-24].

Marriage and Eligibility – Marriage does not automatically disqualify claimants under the compassionate appointment scheme – However, substantial delay and change in circumstances, such as settling in another family, may affect eligibility – Claims must be filed within time limits and demonstrate continued financial distress [Paras 21-24].

Judicial Review – Orders by lower authorities and High Court reviewed for compliance with statutory rules and government orders – High Court orders upheld where claims met requirements; reversed where claims were delayed or ineligible [Paras 25-30].

Decision:

Civil Appeal No. 4848 of 2012 dismissed.

Civil Appeal No. 4954 of 2009 allowed; High Court’s order set aside.

Civil Appeal No. 33421 of 2009 dismissed.

Civil Appeals Nos. 31908 of 2010 and 6607-08 of 2011 allowed; High Court’s orders set aside; claims for compassionate appointment rejected.

Civil Appeal No. 4467 of 2010 dismissed.

Parties to bear their own costs [Para 30-31].

Criminal Law – Circumstantial Evidence – Appellant convicted under Sections 302, 460, and 34 IPC, and Section 25 of the Arms Act – High Court affirmed conviction and sentencing to rigorous imprisonment for life – Appellant contended lack of direct evidence and erroneous reliance on circumstantial evidence [Paras 1-5].

Identification and Recovery – PW 1 failed to identify the appellant as one of the assailants – Recovery of .380 calibre revolver and cartridges from appellant's possession after two years of the incident – Ballistic reports linked bullets from the crime scene to the recovered firearm, but the prosecution failed to establish continuous possession of the weapon by the appellant [Paras 7-11, 17-18].

Principles of Circumstantial Evidence – Prosecution required to prove circumstantial evidence beyond reasonable doubt – Circumstances must exclude all other hypotheses except guilt – Failure to establish exclusive link between appellant and the crime weapon led to reasonable doubt [Paras 15-16, 19-20].

Judgment and Sentencing – Conviction under Section 25 of the Arms Act upheld due to proved recovery – Conviction under Sections 302, 460, and 34 IPC set aside due to insufficient evidence establishing direct involvement – Appellant to be released if no longer required in custody under other charges [Paras 18, 21].

Decision: Appeal partially allowed – Conviction under Section 25 of the Arms Act upheld – Convictions under Sections 302, 460, and 34 IPC set aside – Appellant to be released if sentence under Arms Act completed and not wanted in other cases [Paras 21].

Narcotic Drugs – Seizure and Destruction – Respondents acquitted by the High Court due to lack of evidence regarding destruction of seized contraband – Appeal filed by the Union of India – Supreme Court directed examination of compliance with Standing Order No. 1/89 and Circular dated 22nd February 2011 regarding destruction procedures [Paras 1-3].

Procedure for Destruction – Need for strict adherence to prescribed procedures for seizure, storage, and destruction of narcotics to prevent pilferage and recirculation – Emphasis on systemic changes and collection of data from States and Central agencies to ensure compliance [Paras 2, 5-7].

Judicial Supervision – Directions issued to Chief Secretaries, DGPs, and Registrar Generals of High Courts to provide detailed reports on seizure, storage, and destruction practices – Judicial officers to oversee proper implementation of NDPS Act provisions [Paras 7-10].

National and International Obligations – Reference to Article 47 of the Constitution and UN Conventions against illicit traffic in narcotic drugs – Importance of compliance with international obligations and safeguarding against misuse of seized drugs [Paras 5-6].

Decision: Appeal disposed of with directions for comprehensive data collection and reporting by State and Central authorities – Focus on preventing systemic lapses in handling seized narcotics [Paras 10-12].