Impleadment of Parties – Civil Procedure – Appeal against High Court's dismissal of application for impleadment as parties to a suit for specific performance – Appellants had purchased property during pendency of the suit in violation of an injunction order – Supreme Court upheld High Court's decision, holding Appellants neither necessary nor proper parties due to the clandestine and illegal nature of their transactions – Application for impleadment dismissed as belated and lacking bona fides [Paras 1-37].

Appointment of Receiver – Judicial Propriety – High Court appointed receiver to manage suit property despite previous appointment by another High Court – Supreme Court affirmed, emphasizing the need to prevent property usurpation and protect legal rights of original plaintiff – Doctrine of comity of jurisdictions held inapplicable due to non-disclosure of facts by parties to the Calcutta High Court [Paras 26-33].

Decision – Appeal dismissed – Supreme Court confirmed the dismissal of the impleadment application and upheld the High Court's appointment of receiver to manage the suit property, ensuring justice and preventing further clandestine transactions [Paras 35-38].

Dismissal of Appeal for Default – Civil Procedure – Appeal against High Court’s dismissal of an appeal for default where the appellant’s lawyer did not appear – High Court decided the appeal on merits without representation for the appellant – Supreme Court held that as per Order 41 Rule 17(1) CPC, the High Court should have dismissed the appeal for default or adjourned the hearing, not decided on merits – Emphasized that deciding on merits without representation can deprive the appellant of an opportunity to present their case [Paras 1-10].

Explanation to Order 41 Rule 17(1) CPC – Legal Interpretation – Explanation clarifies that an appeal cannot be dismissed on merits if the appellant is not represented – Supreme Court reiterated this interpretation, emphasizing the legislative intent to avoid prejudicing appellants due to absence [Paras 8-10].

Decision – Appeal allowed – Judgment of the High Court set aside – Appeal restored and directed to be disposed of in accordance with law – No order as to costs [Paras 11].

Criminal Law – Conspiracy and Murder Conviction – Conviction of the appellant for conspiracy and murder affirmed – Identification of the appellant by witnesses and corroborative evidence deemed satisfactory – High Court upheld the trial court’s findings despite procedural contentions raised by the appellant [Paras 1-27].

Eyewitness Testimony – Identification Parade – Importance of properly conducted Test Identification Parade (TIP) discussed – TIP identified the appellant; objections raised about its conduct were dismissed by the court, affirming the reliability of eyewitness testimony [Paras 18-20].

Procedural Compliance – Investigation and Prosecution – The court discussed the procedural steps taken by the Investigating Officer, including receiving initial information, recording the complaint, and subsequent investigative actions – The prosecution's case held valid despite the absence of cross-examination of the complainant, PW-2 [Paras 10-16].

Evidence – Corroborative Factors – Recovery of the deceased's body and other incriminating articles, forensic reports, and medical evidence were consistent with the prosecution's narrative – The appellant's participation in the crime corroborated by multiple eyewitnesses and supporting evidence [Paras 12-17].

Decision: Appeals dismissed – Conviction and sentence of life imprisonment upheld – The court found no merit in the appellant’s contentions regarding the procedural and evidentiary aspects of the case [Paras 27].

Constitutional Law – Right to Speedy Trial – Petitioners argued for quashing of a 37-year-long pending trial on the grounds of violation of the right to a speedy trial under Article 21 – Supreme Court reiterated that while prolonged delays could be prejudicial, they must be evaluated against the causes of delay and the responsibility for such delays – The court emphasized that delays due to systemic issues or unavoidable circumstances do not necessarily violate the right to a speedy trial [Paras 1-37].

Judicial Discretion – Termination of Proceedings – Court rejected the argument that mere passage of time could justify quashing the trial – Stated that each case must be evaluated on its own facts and circumstances, and blanket time limits cannot be judicially imposed [Paras 20-23, 36].

Systemic Delays – Responsibility and Remedies – Recognized that delays caused by systemic issues such as over-crowded dockets, absence of presiding officers, and other administrative factors do not amount to violation of rights – Urged that trial courts should proceed on a day-to-day basis to expedite delayed trials [Paras 19, 25].

Balancing Test – Determining Prejudice – The court must balance various factors, including the nature of the offence, number of accused, and complexity of the case, to determine if the right to a speedy trial has been violated – Established that not all delays are prejudicial, and the burden shifts to the prosecution to show the absence of serious prejudice once the accused makes a prima facie case [Paras 12-18, 20-22].

Decision: Writ Petitions dismissed – Supreme Court directed the trial court to take up the case on a day-to-day basis and conclude proceedings as early as possible without granting unnecessary adjournments [Paras 26-27].

Service Law – Recovery of Excess Payments – Supreme Court held that recovery of excess payments made to teachers/principals due to wrong pay fixation is permissible even in the absence of fraud or misrepresentation – Court emphasized that public money paid without authority of law must be recovered barring few exceptions of extreme hardship – Court noted the importance of equitable judicial discretion in relieving employees from undue hardship caused by recovery [Paras 1-18].

Recovery Limited to Cases of Extreme Hardship – Exceptions where recovery might be barred include cases of extreme hardship such as employees retiring or on the verge of retirement, as noted in previous judgments like Syed Abdul Qadir v. State of Bihar and Col. (Retd.) B.J. Akkara v. Govt. of India – Appellants in this case did not fall into such exceptional categories [Paras 13-15, 17].

Conditions for Recovery – Reiterated that excess payments due to wrong/irregular pay fixation can be recovered – Recovery from salaries was to be made in twelve equal monthly installments starting from October 2012 [Paras 17-18].

Decision: Appeal dismissed – Excess payments to be recovered from appellants' salaries in twelve equal monthly installments starting from October 2012 – No order as to costs [Paras 18].

Prevention of Corruption – Demand of Bribe – Allegation against the respondent doctor for demanding a bribe of Rs. 5000 for performing surgery – FIR filed, and the doctor was caught in a trap set by the Anti-Corruption Bureau – High Court quashed the FIR considering the complainant's lack of relation to the patient and affidavits submitted by the patient's relatives [Paras 2-8].

Exercise of Powers Under Section 482 of CrPC – Supreme Court held that the High Court erred in quashing the FIR – Emphasized that affidavits obtained during the investigation should not form the basis for quashing proceedings in serious offences like corruption – Reinforced that the High Court’s power under Section 482 must be exercised sparingly and with caution [Paras 8-9].

Prima Facie Case and Evidentiary Value – Court found prima facie evidence against the respondent, including a recorded conversation and recovery of marked currency notes – Highlighted that the credibility of evidence should be tested during the trial, not at the stage of quashing the FIR [Paras 8, 10].

Decision: Impugned judgment and order of the High Court set aside – FIR and proceedings against the respondent to continue – Observations made by the Supreme Court are prima facie and the trial court should decide the case on its merits [Paras 11-12].

Constitutional Law – Judicial Review – Court emphasized that judicial review of the State’s action in awarding contracts is limited to grounds of reasonableness and that fixation of tender value is within the executive’s purview – Courts have a very limited role except to strike down actions that are arbitrary or unreasonable [Paras 25-26, 31].

Tender Conditions – Reasonableness and Public Interest – The impugned tender conditions were not found to be arbitrary, discriminatory, or mala fide – The KSRTC’s decision was deemed reasonable as it was aimed at ensuring the supply of good quality tyres for public safety – Government and its undertakings must have the freedom to set tender terms unless found to be discriminatory or arbitrary [Paras 7, 19, 31].

Policy Decision – Executive Discretion – Court highlighted the importance of allowing executive discretion in formulating tender conditions – Interference by courts should be minimal and only in cases where there is clear evidence of arbitrariness, bias, or mala fides [Paras 19, 31].

Decision: Appeal dismissed – The court upheld the High Court’s decision, agreeing that the tender conditions were reasonable and aimed at ensuring the procurement of quality materials for public safety – No interference warranted under Article 226 [Paras 32-33].

Criminal Law – Dowry Death – Conviction – Prosecution established that the appellant’s wife committed suicide due to persistent harassment and demands for dowry – Medical evidence corroborated the prosecution's case – The ingredients of Sections 304B and 498A IPC were satisfied – Conviction affirmed with a modification in the sentence [Paras 12, 13, 15-18].

Burden of Proof – Dowry Death – Onus shifts to the accused to prove that the death was not due to dowry-related cruelty or demands – Appellant failed to discharge this onus – Court emphasized that maintaining silence does not equate to discharging the onus [Paras 15, 16].

Modification of Sentence – Considering the age of the accused, the period already spent in jail, and the circumstances of the case, the Supreme Court reduced the punishment from life imprisonment to ten years of rigorous imprisonment [Paras 17, 18].

Decision: Appeals partially accepted – Conviction upheld but sentence reduced to ten years of rigorous imprisonment [Paras 17, 18].

Company Law – Winding-up Petition – Proceedings under Sections 433, 434, and 439 of the Companies Act, 1956, are petitions and not suits, thus not attracting the provisions of Order 2 Rule 2 CPC which deals with suits – Winding-up petition dismissed on erroneous interpretation of law – Relief sought for recovery of arrears should be pursued in a suit, not through winding-up proceedings [Paras 2, 6, 7, 12, 14].

Civil Procedure – Bar under Order 2 Rule 2 CPC – Order 2 Rule 2 CPC relates to suits and not petitions – The bar under this provision does not apply to winding-up proceedings under the Companies Act, 1956 – The appellant's failure to include all reliefs in the eviction suit does not preclude the recovery of arrears through an appropriately filed suit [Paras 8, 12].

Tenancy Law – Recovery of Arrears – The West Bengal Premises Tenancy Act, 1956, does not provide for recovery of arrears of rent in eviction suits – A separate suit must be filed for such recovery, and the relief cannot be obtained through summary proceedings in a winding-up petition [Paras 12, 13].

Decision: Appeal partly allowed – Findings on the application of Order 2 Rule 2 CPC to winding-up proceedings set aside – Relief of recovery of arrears of rent must be sought through a properly constituted suit – No costs awarded [Paras 14-16].