Motor Vehicle Accident – Compensation – Claim for compensation due to permanent disability and loss of future earnings upheld – Compensation for pain and suffering and loss of amenities awarded – Future replacement of artificial limbs and medical expenses considered – Interest on the enhanced sum granted at 9% per annum from the date of filing the claim petition until deposit [Paras 1-16].

Permanent Disability – Loss of Earnings – High Court erred in not awarding compensation for permanent disability and loss of future earnings separately – Compensation for permanent disability and loss of future earnings should be computed distinctly as per established legal principles [Paras 5-10].

Pain and Suffering – Loss of Amenities – Additional compensation for pain, suffering, and loss of amenities awarded – Approach to compensation should be liberal and balanced, considering the impact on quality of life [Paras 6-9].

Interest on Compensation – Interest on the enhanced compensation sum to be awarded at the rate of 9% per annum from the date of filing the claim petition till the deposit – Tribunal's rate of interest deemed just and proper [Paras 13-15].

Decision: Appeal allowed in part – Compensation enhanced with additional sums for permanent disability, pain and suffering, and future medical expenses – Interest on the enhanced amount awarded at 9% per annum from the date of claim filing till deposit – No order as to costs [Para 16].

Eviction for Unauthorized Structural Changes - Appeal by the landlord against High Court's reversal of trial court's decree of eviction upheld - Tenant's replacement of tin-sheet roof with concrete slab and construction of a permanent passage found to violate Clauses (m), (o), and (p) of Section 108 of Transfer of Property Act - High Court’s finding that such replacement was an improvement and not a violation was overturned - Appeal allowed, eviction decree restored [Paras 1-27].

Permanent Structure - Definition and Application - Construction deemed permanent if intended to last till the end of the lease term - High Court's reliance on improvement interpretation rejected - Permanent structures without landlord's consent constitute a violation warranting eviction [Paras 13-19].

Applicability of Precedents - Decisions under different state rent control acts with differing provisions distinguished - Rajasthan, UP, and Kerala Acts requiring proof of material alteration or impairment not applicable - West Bengal Act’s focus solely on unauthorized permanent structures upheld [Paras 20-26].

Decision:

Appeal allowed - High Court’s order set aside - Trial Court’s decree of eviction restored - Respondent granted one year to vacate premises subject to conditions [Para 27].

Hire-Purchase Agreements – Repossession by Financier - Dispute arose when the financier repossessed a vehicle under a hire-purchase agreement due to non-payment of installments - High Court quashed criminal proceedings initiated by the petitioner for forcible possession - Supreme Court upheld High Court's decision, confirming financier's legal right to repossess under the terms of the agreement, distinguishing civil disputes from criminal offenses [Paras 1-9].

Criminal and Civil Jurisdiction – Misuse of Criminal Proceedings - Supreme Court emphasized that disputes arising out of hire-purchase agreements, particularly concerning repossession of property by the financier, should be resolved in civil courts unless clear evidence of criminal intent exists - Repossession as per contract terms does not constitute theft or criminal misappropriation [Paras 5-8].

Judicial Precedents – Interpretation of Hire-Purchase Agreements - Supreme Court relied on previous judgments (e.g., Sardar Trilok Singh v. Satya Deo Tripathi, K.A. Mathai v. Kora Bibbikutty, Charanjit Singh Chadha v. Sudhir Mehra) to reaffirm that repossession by financier does not amount to criminal offense - Highlighted that in hire-purchase agreements, ownership remains with financier until full payment is made [Paras 6-8].

Decision:

Petition dismissed - High Court's quashing of criminal proceedings against respondents upheld - Repossession under hire-purchase agreement confirmed as legal [Para 9].

Condonation of Delay – Tribunal’s Power - The Customs Excise and Service Tax Appellate Tribunal (CESTAT) has the discretionary power under Section 129A(5) of the Customs Act, 1962, to condone delays in filing appeals under Section 129D(4) if sufficient cause is shown - The High Court correctly upheld the Tribunal’s discretion to condone a 10-day delay in filing the appeal [Paras 13-21].

Application of Section 129A to Section 129D - The provisions of Section 129A of the Customs Act are applicable to applications made under Section 129D(4) - The Tribunal has the authority to condone delays in filing applications under Section 129D(4) by invoking the provisions of Section 129A(5) [Paras 12-14].

Legal Fiction and Interpretation - Legal fiction created by incorporating provisions of one section into another must be given full effect - The Tribunal’s power to condone delay under Section 129A(5) must be interpreted to apply to applications under Section 129D(4) [Paras 12-14].

Distinguishing Cases - Previous cases, such as Hongo India Pvt. Ltd. and others, that addressed condonation of delay under different statutory provisions do not apply here as the statutory framework of the Customs Act is distinct - The Tribunal's decision to condone the delay was appropriate given the specific statutory context [Paras 16-19].

Decision:

Appeal dismissed - High Court's decision upholding the Tribunal's power to condone the delay in filing under Section 129D(4) of the Customs Act confirmed [Para 21].

Commanding Officer's Role – Summary Court-Martial - The commanding officer who issued the charge sheet can also convene and preside over the summary court-martial as per the Army Act and Army Rules - There is no disqualification for such an officer in conducting summary court-martial proceedings [Paras 16-17].

Absence Without Leave – Court-Martial Procedure - The respondent was charged under Section 39(a) of the Army Act for unauthorized absence - He pleaded guilty and was dismissed from service by the summary court-martial, a procedure that followed Army Rules and was legally valid [Paras 19-20].

Fair Trial and Natural Justice - The argument that the respondent was denied a fair trial was not raised in the writ petition and lacked foundation - No violation of principles of natural justice occurred, and the proceedings were conducted according to the statutory provisions [Paras 18, 22].

Applicability of Precedents - The decision in Vidya Parkash v. Union of India was found applicable, affirming the legality of the commanding officer presiding over the summary court-martial - Other cited cases regarding principles of natural justice were not applicable to the facts of this case [Paras 20-22].

Decision:

Appeal allowed - The judgments of the Single Judge and the Division Bench were set aside - The order of dismissal from service was upheld [Para 23].

Murder Conviction – Circumstantial Evidence - The appellant was convicted for the murder of his wife, Remani, based on circumstantial evidence indicating forced administration of poison and smothering - Both the Trial Court and High Court affirmed the conviction, finding sufficient evidence of murder rather than suicide [Paras 24-34].

Motive and Domestic Abuse - Evidence of strained matrimonial relations and frequent physical abuse by the appellant provided a motive for the murder - Testimonies from family members and neighbors corroborated the history of domestic violence [Paras 2-7, 9-14, 17].

Medical Evidence – Cause of Death - Medical testimony indicated that Remani died from the combined effects of carbofuran poisoning and smothering - Injuries on her body suggested resistance to the forced administration of poison [Paras 15, 22-23, 31].

Interference by Supreme Court - The Supreme Court reaffirmed that it seldom interferes with concurrent findings of fact unless there is a substantial miscarriage of justice - No such exceptional circumstance was found in this case to warrant interference [Paras 24-27].

Decision:

Appeal dismissed - Conviction and sentence upheld - No merit found in the appeal [Paras 34-35].

High Court’s Jurisdiction – Post-Disposition Applications - The High Court erred in entertaining a criminal miscellaneous application in a disposed of writ petition and granting relief - The practice of filing such applications in disposed of cases is deprecated as it amounts to abuse of process and usurps the jurisdiction of regular criminal courts [Paras 11-13].

Bail and Arrest – Jurisdiction and Discretion - Granting bail or deciding on arrest lies within the powers of regular criminal courts - High Court’s inherent jurisdiction should not be used to usurp these powers except in exceptional circumstances [Paras 12-13].

Propriety of High Court’s Order – Review and Function - Once a writ petition is disposed of, the High Court becomes functus officio and cannot entertain review petitions or miscellaneous applications except for correcting typographical or clerical errors - The High Court's order preventing arrest until trial conclusion was impermissible [Paras 13-14].

Decision:

Appeal allowed - High Court's order set aside - Costs of Rs. 25,000 to be paid by the first respondent to the appellant within two months [Para 14].

Prosecution Evidence – Official Witnesses - Conviction based on testimonies of official witnesses upheld in the absence of animosity and independent corroboration - Independent witness Kaur Singh was not examined, but the absence did not vitiate the prosecution’s case due to corroborative evidence from official witnesses and documentary proof [Paras 8-9].

Procedural Fairness – Mixing of Contraband Samples - Argument that mixing of contraband from two bags constituted an irregularity was rejected - The total quantity of 69.50 kgs of poppy straw, even after taking samples, was well above the commercial quantity threshold, justifying the imposed sentence [Paras 10-11].

Jurisdiction and Sentence - The trial court and High Court’s findings were upheld, affirming the appellant’s conviction and the sentence of 10 years RI with a fine of Rs. 1 lakh under Section 15(c) of the NDPS Act - No prejudice was caused to the appellant by the mixing of samples [Paras 10-11].

Decision:

Appeals dismissed - The conviction and sentence imposed by the trial court and affirmed by the High Court were upheld [Paras 11-12].

Sale of Mortgaged Property – Powers of Financial Corporations - The UPFC, under Section 29 of the State Financial Corporations Act, has the authority to sell mortgaged properties upon default in loan repayment - The sale in question was advertised, and the highest bid was accepted after due process [Paras 13-14].

Validity of Mortgages and Subsequent Sales - Property sold by the original owner during the mortgage period to a third party, who then sold it to the writ petitioner, was invalid as the mortgage subsisted - The High Court’s order favoring the writ petitioner’s claim was incorrect [Paras 12-15].

Public Law Remedy – Appropriate Forum - Issues pertaining to property rights and sale validity should be adjudicated in civil courts, not under public law remedies - The High Court’s intervention in a writ petition for such issues was inappropriate [Paras 15-16].

Decision:

Appeals allowed - The High Court's order dated 5th December 2006 is set aside - The parties were directed to seek remedies through appropriate civil forums [Para 17].