Judgment on Admissions – Order 12 Rule 6 CPC – For a decree on admissions in a suit for possession from a tenant, the landlord must establish the existence of the landlord-tenant relationship and the termination of tenancy – Clear admissions on these aspects allow the court to pass a decree without further trial – Appeal allowed, decree for possession granted based on admissions [Paras 6-7, 17].

Tenancy and Termination – Section 106 Transfer of Property Act – The tenancy was month-to-month and could be terminated by notice – The notice for termination was served and not disputed by the tenant – The challenge to the landlord's title based on an order anterior to the commencement of tenancy is estopped by Section 116 of the Evidence Act [Paras 12-14, 16].

Estoppel of Tenant – Section 116 Evidence Act – A tenant cannot deny the title of the landlord at the commencement of the tenancy – The challenge to the landlord’s title based on an order from 1999, before the tenancy began in 2001, is not permissible – Tenant estopped from disputing the landlord's title [Paras 15-16].

Decision:

Appeal allowed – High Court’s judgment set aside – Trial Court’s decree for possession reinstated – Tenant granted time until 31st December 2012 to vacate the premises on furnishing an undertaking – Mesne profits to be paid as determined by the trial court [Paras 18-20].

Judicial Service – Ad-Hoc Appointments – Appointments of ad-hoc ADJs in FTCs not governed by the Jharkhand Superior Judicial Service Rules, 2001 – Rules meant for regular judicial service not applicable to ad-hoc appointments under temporary FTC scheme – High Court's decision to quash appointments upheld [Paras 1-9, 33-34].

Fast Track Courts – Legality of Appointments – FTC Judges appointed from a merit list not meant for such positions – Advertisement did not include FTC posts as vacancies – No provision for future vacancies in advertised posts – Appointments made without proper selection process, violating Articles 14 and 16 of the Constitution [Paras 24-33].

Estoppel – Section 116 Evidence Act – Appointments of certain candidates, including Assistant Public Prosecutors, questioned for not meeting eligibility criteria under Advocates Act – Age relaxation and other irregularities noted in the appointment process [Paras 10-14].

Regularization and Absorption – Irregularly appointed FTC Judges do not have a right to regularization or absorption in regular judicial service – Relief of regularization cannot be granted as appointments were made for a temporary scheme and not under regular rules [Paras 43-44].

Decision:

Appeal dismissed – High Court's decision to quash appointments upheld – State of Jharkhand and High Court of Jharkhand to follow directions laid down in Brij Mohan Lal II for regularization and absorption of FTC Judges in a lawful manner [Paras 35-36, 44-48].

Criminal Procedure – Examination of Accused – Section 313 CrPC – Statement recorded under Section 313 cannot be used against the accused in isolation – It must be considered in conjunction with other prosecution evidence – Conviction cannot be based solely on the statement made under Section 313 CrPC [Paras 6-7].

Evidence – Eye-Witness Testimony – The High Court erred in relying solely on the postmortem report after rejecting the eye-witness testimonies – Conviction based on insufficient corroborative evidence – Postmortem report must corroborate with eye-witness evidence to sustain conviction [Para 9].

Common Intention – Section 34 IPC – The High Court acquitted co-accused but convicted the appellant under Section 302 IPC based on a partial acceptance of witness testimony and appellant’s statement – Contradictions in the appellant's Section 313 statement and reliance on it by the High Court were improper – High Court's conviction set aside [Paras 6, 8-9].

Decision:

Appeal allowed – Conviction and sentence under Section 302 IPC set aside – Appellant to be released forthwith if not required in any other case [Paras 9-10].

Murder and Dowry Death – Sections 302/34, 304-B, 201 IPC – Conviction upheld based on consistent medical evidence and circumstantial evidence – Dowry demands established – Deceased died of burn injuries in her matrimonial home – Defense plea of suicide rejected – Delay in FIR registration considered immaterial given the facts [Paras 6, 13-21].

Circumstantial Evidence – Each incriminating circumstance must be established with reliable evidence – The chain of circumstances must be complete and point only to the guilt of the accused – The court must scrutinize circumstantial evidence closely, especially in the absence of direct evidence [Paras 9-10].

Examination of Accused – Section 313 CrPC – Accused must explain incriminating circumstances – The court must consider the accused’s explanation along with other evidence – Failure to offer a reasonable explanation or providing false answers can complete the chain of circumstances [Para 10].

Appeal against Acquittal – Section 378 CrPC – Appellate court must consider the presumption of innocence and the trial court’s acquittal – Interference is justified only in exceptional cases where the judgment is perverse – Routine interference should be avoided unless compelling reasons exist [Para 7].

Decision - Appeal dismissed – Conviction and sentence upheld – Appellant No. 2 on bail directed to surrender within four weeks – Chief Judicial Magistrate to ensure compliance [Paras 18-21].

Family Pension – Employees Provident Fund Scheme – The widow of an employee is not entitled to family pension if the employee did not exercise the option under the Employees' Family Pension Scheme, 1971 – Notification and communication from the employer were sufficient to inform employees of the scheme – Appeal allowed, Tribunal’s award and High Court judgments set aside [Paras 3-4, 13-15].

Employee Notification and Option – Notification issued by the Regional Provident Fund Commissioner and communication from the appellant-corporation were sent to all employees to exercise their option for the family pension scheme – Several employees opted, while others preferred the provident fund under the CPF Scheme – Widow’s claim after nine years was untenable [Paras 12-14].

Tribunal and High Court's Errors – Tribunal and Courts below erred in not appreciating the facts correctly – Their findings were perverse and warranted interference – Facts indicated the employee had not opted for the family pension scheme and the widow had already received the provident fund amount [Paras 14-15].

Decision:

Appeal allowed – Tribunal’s award and judgments of the learned single Judge and Division Bench of the High Court set aside – No order as to costs [Para 15].

Land Acquisition – Subsequent Purchasers – Purchasers of land post-Section 4 notification do so at their own peril and cannot challenge the acquisition proceedings – They are only entitled to compensation based on the vendor's title – The sale of land post-notification is void against the State [Paras 6-9]​​.

Quashing of Acquisition – Benefit to Non-Objectors – Persons who did not file objections or challenge acquisition proceedings cannot benefit from a court's quashing of declaration under Section 6 in other cases – Land vested in the State cannot be divested even if subsequent proceedings lapse or are void [Paras 10-15]​​.

Vesting of Land – Once land is vested in the State free from encumbrances, it cannot be divested and proceedings under the Act would not lapse even if an award is not made within the statutorily stipulated period​​. The State cannot reconvey the land to the original owners once it has vested [Paras 16-22].

Honest Approach and Equity – Litigants must approach the court with clean hands and truthful intentions – False claims, misrepresentations, and forgery to obtain relief are condemned – Equity demands transparency and good faith [Paras 34-39]​​.

Decision:

Appeals dismissed – Sale deeds in favor of appellants declared void – Appellants ordered to vacate the land – Costs of Rupees Twenty-Five lakhs imposed on appellants to be deposited with the Supreme Court Legal Services Authority within six weeks – Chief Secretary of Tamil Nadu directed to investigate and hold responsible officials accountable [Paras 42-44]​​.

Rape – Conviction and Sentence – Courts are expected to deal with cases of sexual crime against women with utmost sensitivity and sternness – Undue sympathy towards the accused by imposing inadequate sentences undermines societal confidence in the justice system – The High Court's reduction of the sentence from 7 years to the period already undergone (about a year) was unjustified – Sentence of 7 years restored [Paras 6-10, 12-14].

Proper Sentence – Section 376 IPC – The statutory minimum sentence under Section 376 IPC is 7 years, unless adequate and special reasons are provided for a lesser sentence – High Court's lenient view lacked sufficient justification – Emphasis on the need for deterrent sentences in cases involving sexual violence against women [Paras 7-10].

Impact on Society – Sexual violence is a serious crime against the individual and society, violating basic human rights and the right to life under Article 21 of the Constitution – Courts must impose sentences that reflect the gravity of the crime and societal abhorrence – Justice demands that punishment fits the crime, especially in heinous offenses like rape [Paras 12-13].

Decision:

Appeal allowed – High Court's reduction of the sentence set aside – Sentence of 7 years imprisonment restored – Period already undergone by the accused to be set off [Paras 14].

Land Transfer – Charitable Trust – The expression "any person" in Section 154(1) of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, refers only to natural persons, not to legal or artificial persons like charitable trusts – The Assistant Collector's notice under Sections 166 and 167 was unjustified – Appeal dismissed [Paras 10-11]​​.

Interpretation of Statutes – Natural vs. Legal Persons – The term "person" can include both natural and legal persons, but in the context of Section 154(1), it is limited to natural persons, as indicated by the reference to "family" in the explanation – Legislative amendments clarified this distinction by explicitly including "Co-operative Society" through an explanation added in 1997 [Para 10]​​.

Statutory Provisions – Exceeding Land Limits – Section 154(1) restricts transfer of land that would result in the transferee holding more than 5.0586 hectares – This limit applies to natural persons and their families, not to charitable institutions or other artificial entities [Paras 8-10]​​.

Decision:

Appeal dismissed – Assistant Collector's notice quashed – Charitable institution not included within "any person" under Section 154(1) – No order as to costs [Paras 11-13]​​.

Right to Life – High Court's Jurisdiction – The High Courts possess wide powers and authority to protect and safeguard constitutional rights within their jurisdiction – Petitioner's action of withdrawing proceedings from the High Court and approaching the Supreme Court is disapproved – Supreme Court directs the High Court to restore the withdrawn writ petition and proceed in accordance with law [Paras 5-6]​​.

Petition Under Article 32 – The petition under Article 32 is refused for being filed improperly after withdrawal of the writ petition from the High Court – The petitioner should have pursued the matter effectively before the High Court, which has the same authority as the Supreme Court in such matters [Paras 3-4]​​.

Allegations and Protection – Although allegations in the writ petition do not appear baseless, the Supreme Court cannot entertain the petition due to procedural impropriety – High Court requested to restore the case and ensure protection if warranted [Paras 6-8]​​.

Decision:

Writ petition disposed of with directions to the High Court to restore CWP No. 21234/2011 to its original file and proceed in accordance with law – Supreme Court refrains from commenting on the merits of the case [Paras 8]​​.