Criminal Law – Appreciation of Evidence – The appeal questioned the credibility of the prosecution’s case due to alleged omissions and commissions by the investigating agency and discrepancies between medical and eyewitness evidence. The Supreme Court upheld the conviction, emphasizing the reliability of eyewitness accounts over contradictory medical reports. The Court criticized the investigating officer and medical officer for their irresponsible conduct, highlighting that deliberate dereliction of duty should not benefit the accused [Paras 9, 10, 13, 20-22, 29].

Role of Investigating and Medical Officers – The Court noted significant lapses by the investigating officer (PW6) and the medical officer (PW3), including the failure to send viscera for analysis and the preparation of an inaccurate post-mortem report. The Court underscored the duty of these officers to conduct investigations and post-mortems diligently and truthfully, condemning their actions as deliberate attempts to misdirect the investigation and favor the accused [Paras 16-20].

Expert Evidence – The Court stated that expert evidence must be cogent, reasoned, and consistent with other evidence. In this case, the post-mortem report was found to be inconsistent with the eyewitness testimonies and other circumstantial evidence. The Court emphasized that when expert evidence is contradictory or perfunctory, it should not override credible eyewitness accounts [Paras 29-34].

Decision – Appeal Dismissed – The Supreme Court dismissed the appeal, affirming the conviction and sentence. The Court also issued show cause notices to the Director General of Medical Health and the Director General of Police, Uttar Pradesh/Uttarakhand, directing them to take disciplinary action against PW3 and PW6 for their deliberate dereliction of duty and misconduct [Paras 38-39].

Drunken Driving – Criminal Liability – The respondent, Sanjeev Nanda, was involved in a motor accident causing the death of six persons while driving a BMW car in an intoxicated state. The trial court convicted him under Section 304 Part II IPC, sentencing him to five years of imprisonment. The High Court, however, reduced the conviction to Section 304A IPC, awarding a two-year sentence. The Supreme Court examined whether the conviction under Section 304A IPC was legally tenable considering the facts and circumstances of the case [Paras 1-3, 17-20].

Intoxication and Driving Without a License – The Court noted that the respondent was driving without a valid Indian license and was under the influence of alcohol, as evidenced by the medical report indicating 0.115% alcohol in his blood. The respondent's actions demonstrated a gross disregard for human life and safety, fitting the criteria for culpable homicide under Section 304 Part II IPC due to the knowledge of the likely fatal consequences [Paras 23, 24, 27, 73-77].

Aggravating and Mitigating Circumstances – The Court considered various factors, including the respondent's young age, lack of prior criminal record, and compensation paid to the victims' families. However, the severity of the offense, the number of fatalities, and the respondent's behavior in fleeing the scene without aiding the victims were significant aggravating factors that warranted a stricter sentence [Paras 42-45, 57-59, 84].

Decision – Conviction Upheld, Sentence Enhanced – The Supreme Court allowed the appeal, setting aside the High Court's judgment and restoring the trial court's conviction under Section 304 Part II IPC. The Court held the respondent guilty under Section 304 Part II IPC, maintaining the sentence awarded by the trial court. The Court emphasized that this decision was based on the specific facts of the case and should not be treated as a general precedent [Paras 45, 46].

SARFAESI Act – Jurisdiction of High Court – The Allahabad High Court's order was questioned on the ground that it issued directions affecting the appellants without notice or an opportunity of hearing. The Supreme Court held that the High Court should not have passed such orders without ensuring compliance with the principles of natural justice. The Court emphasized that any protective measures should have been accompanied by proper notices and hearings [Paras 6-8, 11].

Principles of Natural Justice – The Supreme Court highlighted the arbitrary nature of the High Court's practice of issuing directions without notice. The Court underscored the necessity of adhering to the principles of natural justice, stating that protective interim measures should be accompanied by proper notices to the affected parties [Para 11].

Decision – Appeals Allowed – The Supreme Court allowed the appeals, setting aside the High Court's order that restrained the appellants from alienating or encumbering the property. The Court directed that in future, such orders should be avoided to ensure justice and adherence to the principles of natural justice [Paras 13-14].

Representing Advocates:

Mukul Rohtagi, Nageshwar Rao, K.K. Venugopal, Ranjeet Kumar, Subramonium Prasad, Varun Tandon, Suresh Dobhar, Rahul Tyagi, and Ruchi Kohli for the Appellant

Chetan Sharma, Sameer Vashisht, Kanika Singh, and Ashok Mathur for the Respondent

Criminal Law – Murder Conviction – Appellants convicted under Sections 302/149 IPC for the murder of Bhimappa Biradar – Trial court acquitted some accused but convicted others – High Court reversed acquittal and upheld the convictions – Supreme Court confirmed convictions, holding that all appellants participated in the unlawful assembly with common object to kill the deceased [Paras 1-25].

Unlawful Assembly – Common Object – Applicability of Section 149 IPC – Court emphasized that once membership of unlawful assembly is established, each member is vicariously liable for actions of others – Court found substantial evidence that appellants shared common object to commit murder, thereby attracting Section 149 IPC [Paras 20-22].

Witness Testimony – Reliability – Eyewitness accounts consistently corroborated each other regarding participation of all accused in the crime – Court dismissed arguments of inconsistencies in witness statements as minor and not affecting the overall credibility [Paras 15-19].

Delay in FIR – Explained and Justified – Delay due to travel distance to police station and absence of SI at the station – Court accepted explanation, finding no manipulation in FIR filing [Paras 24-25].

Decision – Appeals dismissed – Convictions and sentences of all appellants upheld by the Supreme Court [Para 25].

Criminal Law – Conviction under Prevention of Corruption Act – Appellant Syed Ahmed, a police officer, convicted for demanding and accepting illegal gratification – Trial Court acquitted him but High Court reversed acquittal and convicted – Supreme Court upheld conviction, emphasizing reliable witness testimony and compliance with procedural requirements under the Prevention of Corruption Act [Paras 1-48].

Illegal Gratification – Demand and Acceptance – Clear and unshaken testimony of complainant and corroborative evidence of an independent witness established demand and acceptance of illegal gratification by appellant – Court rejected arguments regarding minor discrepancies and procedural errors, affirming core prosecution evidence [Paras 29-31, 44-45].

Witness Credibility – Minor inconsistencies in witness statements regarding attire of appellant at the time of incident deemed irrelevant – Supreme Court emphasized focus on core issue of demand and acceptance of bribe, not on trivial discrepancies [Paras 39-44].

Delay and Motivation – Court found no merit in arguments of motivated false complaint and delay in FIR filing – Established that complaint was based on concrete evidence of illegal demand and acceptance [Paras 35-38].

Quantum of Sentence – High Court erred in awarding sentence of three months rigorous imprisonment instead of minimum one year as prescribed under Section 13(2) of the Act – However, Supreme Court refrained from altering sentence due to lapse of time and absence of State's appeal on sentence [Paras 46-47].

Decision – Appeal dismissed – Conviction and sentence affirmed by Supreme Court [Para 48].

Workmen's Compensation – Interest on Compensation – The primary question was when compensation under the Workmen's Compensation Act becomes due and the corresponding point in time from which interest is payable. The Supreme Court upheld the decision directing the payment of interest from the date of the accident, affirming that compensation becomes due immediately when personal injury is caused to a workman by an accident arising out of and in the course of employment [Paras 2-8].

Interest – Commencement Date – Compensation under Section 4 of the Act falls due on the date of the accident, and interest under Section 4A(3) is payable from one month after the accident. The Supreme Court clarified that no further adjudication is required to establish the due date for the commencement of interest [Paras 7-8].

Penalty for Delay – Interest is a consequence of default in payment and does not require a finding of unjustified delay. However, for penalty under Section 4A(3)(b), the Commissioner must find the delay to be unjustified and provide the employer an opportunity to show cause [Para 7].

Binding Precedents – The Court emphasized adherence to earlier larger Bench decisions, overruling contrary views expressed in later two-Judge Bench decisions, reaffirming the principle that compensation is due from the date of the accident and interest accrues from one month after that date [Paras 8-12].

Decision – Appeal dismissed – The Court affirmed the decision of the Commissioner for Workmen's Compensation and the Kerala High Court, awarding interest from the date of the accident. Costs were imposed on the appellant [Para 13].

Environmental Law – Ship Dismantling – Applications concerned the entry and dismantling of the ship "Oriental Nicety" in Indian waters. The Court reviewed compliance with environmental safeguards and procedures laid out in the Basel Convention. The ship was allowed to beach and be dismantled after clearance from relevant authorities, with provisions for handling any discovered hazardous materials during dismantling [Paras 1-14].

Compliance with Basel Convention – The ship's entry was conditioned on compliance with Basel Convention norms and prior clearance from the State Pollution Control Board, State Maritime Board, and Atomic Energy Regulatory Board. The Court emphasized adherence to Basel Convention or subsequent Central Government provisions in future cases [Paras 7, 14].

Clearance for Beaching and Dismantling – The ship was inspected and found free of hazardous substances, permitting it to beach for dismantling. Any hazardous materials discovered during dismantling to be disposed of at the ship owner's cost [Paras 12-13].

Regulatory Oversight – The Court noted the establishment of an Inter-Ministerial Standing Monitoring Committee to periodically review the implementation of Technical Expert Committee recommendations, ensuring compliance with environmental standards [Paras 4-5].

Decision – Applications disposed of, allowing ship to beach and proceed with dismantling under strict regulatory compliance. Emphasis placed on adherence to Basel Convention in future cases to ensure a clean maritime environment [Paras 13-14].

Employment Law – Concealment of Criminal Background – The appellant was terminated from his position as a police constable for concealing his involvement in a criminal case during the selection process. The Supreme Court examined conflicting views in previous judgments regarding termination for such concealment and decided to refer the matter to a larger bench for an authoritative decision [Paras 1-34].

Verification of Character and Antecedents – The court emphasized the importance of verifying character and antecedents for positions in the police force, noting that concealment of material information regarding criminal involvement affects the integrity and suitability of candidates for such positions [Paras 3-7, 16-22].

Conflicting Judicial Views – The court reviewed several conflicting decisions from various benches regarding the termination of employees for concealing criminal cases during selection, highlighting the need for a consistent legal standard [Paras 9-29].

Referral to Larger Bench – Due to the conflicting judgments, the matter was referred to a larger bench for a uniform and authoritative pronouncement on the issue [Paras 33-34].

Decision – Matter referred to a larger bench for detailed consideration and an authoritative pronouncement on the legal principles involved in cases of concealment of criminal background by candidates during the selection process [Para 34].

Income Tax – Advance Rulings – The primary issue was the maintainability of challenges to the advance rulings of the Authority for Advance Rulings (AAR) under Articles 136, 226, and 227 of the Constitution. The Supreme Court clarified that AAR is a tribunal within the meaning of Articles 136 and 227, and its rulings can be challenged under these Articles [Paras 1-14].

Tribunal – Definition and Judicial Review – The Court confirmed that AAR exercises judicial functions and its determinations are binding, thus qualifying it as a tribunal under Articles 136 and 227. Consequently, its rulings are subject to judicial review by the High Courts and the Supreme Court [Paras 7-10].

Binding Nature of Advance Rulings – Section 245S of the Income Tax Act makes advance rulings binding on the applicant and the Commissioner of Income Tax, but the rulings can be challenged under Articles 226 and 227 before High Courts or under Article 136 before the Supreme Court [Paras 9-11].

Judicial Superintendence – High Courts have the power to review AAR's rulings under Articles 226 and 227 as part of their constitutional duty, ensuring that such rulings can be scrutinized for legality and correctness [Paras 12-13].

Decision – The Court disposed of the Special Leave Petitions, granting liberty to the petitioners to approach the appropriate High Court under Articles 226 and 227. The High Courts were requested to expedite the hearing of such writ petitions to maintain the purpose of obtaining advance rulings expeditiously [Paras 14].