Service Law - Pension Scheme – Challenge to Cut-off Date – Article 14 Violation Alleged – Dismissed - Petitioners challenged the repeal of the Himachal Pradesh Corporate Sector Employees Pension Scheme, 1999 by notification dated 02.12.2004 and the cut-off date that allowed only employees retired before that date to receive benefits – Petitioners sought parity under Article 14 with employees who had already retired under the scheme – Held: The repeal and cut-off were based on legitimate classification and financial considerations, not violative of Article 14 [Paras 15, 20-22, 31].

Vested Right – Applicability of Promissory Estoppel – Denied - Petitioners argued that opting into the 1999 Scheme vested a right to pension and that the repeal notification could not take away such a right – Held: No enforceable promissory estoppel as the employees’ rights reverted to pre-existing provident fund benefits, and the State’s decision was a bona fide policy correction due to financial unviability [Paras 21.1-21.2].

Maintainability under Article 32 – Bar on Collateral Attack – Writ Petition Dismissed - Petitioners’ claims had already been adjudicated in State of H.P. vs. Rajesh Chander Sood, and thus could not be relitigated – Held: A writ under Article 32 cannot be used to indirectly question or re-agitate an issue settled by the Supreme Court – Principle of finality reiterated [Paras 23-30].

Per Incuriam – No Grounds Established – Judgment in Rajesh Chander Sood Upheld - Petitioners claimed that Rajesh Chander Sood was per incuriam for not considering certain prior binding judgments – Held: The judgment was reasoned, dealt with relevant precedents, and thus not per incuriam [Paras 22, 35].

Final Decision – Petition Dismissed – Costs Not Imposed - The Court found no merit in the writ petition, reaffirmed the binding nature of Rajesh Chander Sood, and dismissed the matter without costs considering the petitioners were senior citizens [Paras 32-33].

Employment Law - Reservation – Definition of Ex-Serviceman – IMNS Personnel Covered – Eligibility Recognized - The Court interpreted Rule 2(c) of the Punjab Rules, 1982 to include persons who served in the Indian Military Nursing Service (IMNS) – Held: IMNS is part of the Armed Forces of the Union as per the MNS Ordinance, 1943 – Respondent No. 4, having completed her short service commission and received gratuity, is entitled to be treated as an “ex-serviceman” under Clause (iv) of Rule 2(c) [Paras 10–18].

Interpretation of State Rules – Central Rules Inapplicable – Punjab Rules Govern Recruitment - The Court held that Central Rules, 1979 do not apply to state-level recruitment under Article 309 – Eligibility must be assessed under the Punjab Recruitment of Ex-Servicemen Rules, 1982 framed by the State Government [Paras 6–9].

Constitutional Powers – Article 309 – State Entitled to Frame Rules – Valid Exercise of Power - Punjab Rules, 1982 being framed under Article 309 are binding and take precedence in state recruitments – Clarifications issued by the Kendriya Sainik Board cannot override statutory rules [Paras 9, 19].

Equitable Considerations – Existing Appointment Not to be Disturbed – Co-Existence Allowed - Appellant, a validly appointed ex-serviceman, shall continue in service – Respondent No. 4, if otherwise eligible and meritorious, shall also be appointed but without back wages – Appointments to co-exist without disturbing the appellant’s service [Paras 21–22].

Decision – Appeal Dismissed – High Court Order Upheld - The Supreme Court upheld the Division Bench’s ruling in favor of respondent No. 4’s eligibility and directed her appointment while protecting the appellant’s current employment status [Paras 23–24].

Criminal Law  –  Res Judicata in Criminal Law – Quashing Allowed - Allegations of cheating under Section 420 IPC were found to be a reiteration of the defence already raised and rejected in earlier proceedings under Section 138 of the NI Act – The Court held that the prior adjudication conclusively settled the issue of liability, applying the doctrine of res judicata in criminal matters – Held: Fresh prosecution based on same facts is impermissible [Paras 10–20].

Company Liability – Prosecution Without Arraigning Company – Proceedings Quashed - Appellant, a Managing Director, was prosecuted without making the company an accused – The Court reiterated that a company must be arraigned for offences based on company actions when vicarious liability is alleged – Held: In absence of the company being prosecuted, criminal proceedings against the individual director are not maintainable [Paras 21–30].

Magistrate's Order – Non-Application of Mind – Summoning Order Quashed - The impugned summoning order did not contain reasoning or reference to specific allegations against the appellant individually – Held: Magistrate must record satisfaction after due application of mind before summoning – Mere managerial designation insufficient to attract liability [Paras 7, 23].

Abuse of Process – Vexatious Counterblast to Concluded Proceedings – Quashing Justified - The FIR against the appellant was registered after conclusion of 138 NI Act proceedings and compromise in civil suit – Held: Criminal law cannot be used to settle civil or business disputes already adjudicated – Appeal allowed, proceedings quashed [Paras 5, 24–25].

Civil Law - Permanent Injunction - Agreement to Sell – Maintainability - No Right Against Third Party – Suit Barred – Rejection of Plaint Upheld - The respondents filed a suit for injunction based on an agreement to sell with third parties, without impleading the actual vendors or establishing title – Held: An agreement to sell does not create any right in property as per Section 54 of the Transfer of Property Act – Plaint fails to disclose cause of action and is barred in law – Rejection of plaint under Order VII Rule 11(a) and (d) CPC justified [Paras 13–16].

Champertous and Vexatious Litigation – No Locus Without Title – Suit Held Abuse of Process - Respondents were not in possession and had no registered title – The plaint was a product of clever drafting to create an illusion of right – Held: Litigation was champertous, inequitable, and lacking bonafide – Court cautioned against speculative suits based on dubious agreements to sell [Paras 15.2.1–15.2.5, 18].

Section 53A TPA – Protection Limited to Vendor–Vendee – Not Enforceable Against Third Parties - Court held that doctrine of part performance under Section 53A only protects possession against transferor, not third parties claiming independent title – Respondents had no privity with appellant – Suit not maintainable [Paras 15.1–15.2.1].

Cash Transactions – Violation of Income Tax Law – Directions Issued - Suit claim included cash payment of ₹75 lakhs in violation of Section 269ST of Income Tax Act – Held: Courts must inform Income Tax Department when cash transactions of ₹2 lakhs or more are pleaded – Detailed compliance directions issued to High Courts, Sub-Registrars, and Tax Officers [Paras 18.1, 31–32].

Final Decision – Appeal Allowed – Suit Rejected – Directions for Systemic Enforcement - Supreme Court allowed the appeal, set aside High Court and Trial Court orders, and rejected the plaint in O.S. No. 25968 of 2018 – Directions issued for audit and enforcement by judiciary and tax authorities – Costs not imposed but respondents warned against future abuse [Paras 19–21].

Criminal Law - NDPS Act – Identity of Accused Not Established – Acquittal Ordered - Appellant contended she was wrongly identified as one Seema Choudhari who was named in all prosecution documents including FIR, arrest memo, and seizure records – Held: Prosecution failed to adduce evidence linking appellant to Seema Choudhari; no identification or oral testimony proving appellant’s presence in vehicle on date of seizure – Conviction unsustainable [Paras 7–13].

Bail Order – Findings in Bail Proceeding Not Conclusive – Summary Inquiry Cannot Substantiate Guilt - High Court and Trial Court erred in relying on 2016 bail rejection order which equated appellant with Seema Choudhari based on summary inquiry – Supreme Court held such order, based on limited documents and without oral evidence, cannot be treated as conclusive finding on identity [Paras 5, 7].

Section 313 CrPC – Failure to Put Key Incriminating Circumstance – Prejudice Caused - Appellant was not questioned on alleged identity as Seema Choudhari during her Section 313 statement – Held: Procedural lapse denied appellant a fair opportunity to rebut prosecution’s case, causing grave prejudice [Para 11].

Evidence – All Records Named Only Seema Choudhari – No Mention of Appellant - FIR, arrest memo, seizure documents, medical reference, remand note all named Seema Choudhari, not Shikha Barman – No prosecution witness testified appellant was same person – Conviction reversed for want of proof beyond reasonable doubt [Paras 8–10].

Final Decision – Conviction and Sentence Set Aside – Appellant Acquitted - Trial Court and High Court judgments set aside insofar as they concern the appellant – Appellant acquitted and ordered to be released if in custody [Paras 13–14].

Criminal Law – Quashing - Banking Dispute – Commercial Nature – One Time Settlement with Bank – Proceedings Quashed - Dispute between the appellants and Bank of Maharashtra was settled through a negotiated compromise, resulting in a "No Dues Certificate" and repayment exceeding principal loan amount – Held: Nature of dispute was civil/commercial, not criminal – Quashing of criminal proceedings warranted in exercise of powers under Section 482 CrPC [Paras 1–7, 16–21].

Initiation by CBI – Absence of Complaint by Aggrieved Party – Valid Ground for Quashing - FIR was registered suo motu by CBI, not by the Bank – The Bank raised no grievance, supported the settlement, and had received full payment – Held: Absence of complaint by the actual aggrieved party supports case for quashing proceedings [Paras 8–11, 20].

Applicability of Precedents – Commercial Disputes with Settlements – Precedents Followed - The Court relied on established precedents including Gian Singh, Nikhil Merchant, Narinder Singh, and K. Bharthi Devi to hold that when the core dispute is civil and has been settled, continuing prosecution causes oppression and amounts to abuse of judicial process [Paras 12–19].

Possibility of Conviction – Remote and Bleak – Further Proceedings Unjust - Charges under IPC not substantiated by evidence – Bank officials not found culpable – PC Act charges dropped – Held: Continuation of proceedings would be unjust, given bleak possibility of conviction [Paras 21–23].

Final Decision – High Court and Sessions Court Orders Set Aside – Proceedings Quashed - Supreme Court set aside High Court’s refusal to quash FIR and reversed Sessions Court’s order reviving the case – FIR and all consequential proceedings against appellants quashed [Paras 24–25].

Criminal Law - Bribery – Demand and Acceptance – Conviction Restored - Accused, a Village Accountant, was caught in a trap accepting ₹500 as part of a ₹1500 bribe to process a mutation entry – Trial Court convicted, but High Court reversed on grounds of inconsistencies – Supreme Court held that minor discrepancies do not negate credible prosecution evidence – Conviction under Sections 7 and 13(1)(d) read with 13(2) PC Act restored [Paras 12–14, 23–25].

Presumption Under Section 20 PC Act – Properly Invoked – Recovery Corroborated - Bribe amount recovered from accused’s pocket, with phenolphthalein test confirming contact – Section 20 presumption rightly applied – Defence plea of money being “forcibly put” rejected based on credible testimony of complainant (PW1) and shadow witness (PW2) [Paras 8–10, 13, 16].

Witness Credibility – Minor Inconsistencies Not Fatal – High Court Erred - Supreme Court held that minor contradictions due to 10-year delay in trial cannot override consistent narrative of PW1 and PW2 regarding demand and acceptance of bribe – High Court gave undue weight to irrelevant discrepancies and ignored reliable ocular and documentary evidence [Paras 14–18, 21–22].

Sanction for Prosecution – Properly Granted – Not Disputed - Though not argued before High Court, Trial Court had correctly appreciated sanction evidence – Conviction not vitiated on this ground [Para 20].

Final Decision – Appeal Allowed – High Court Acquittal Set Aside – Accused to Surrender - Trial Court’s conviction and sentence of 1 year RI and fine of ₹500 each under Sections 7 and 13(1)(d) r/w 13(2) restored – Accused directed to surrender within two weeks [Paras 25–26].

Criminal Law – Murder - Criminal Conspiracy – Political Motive and Presence Established – Conviction Upheld - Petitioner (A6), a politically influential municipal councillor, was proven to have instigated a fatal mob attack following public altercations – Held: Motive established through multiple witnesses; presence at scene and exhortation to kill corroborated – Conspiracy proved beyond reasonable doubt [Paras 5–9, 13–15, 18].

Evidence – Omission in Initial Statements – Bias in Investigation – Later Statements Validated - Though A6 was not initially named, evidence revealed that investigating officers deliberately excluded his name – Statements under Section 164 CrPC recorded at victims’ request confirmed his role – High Court rightly relied on judicially recorded depositions over biased police record [Paras 14–15].

Parity with Acquitted Co-Accused – Differentiation Justified – Distinct Role Proved - A6’s role not identical to that of A5 who was acquitted – A6 exhorted the assailants and had clear prior involvement; A5’s presence explained by residence proximity – Held: Conviction of A6 does not violate principle of parity [Para 12–14].

Conspiracy – Circumstantial and Corroborative Evidence Sufficient – Test of Common Intention Met - Court reaffirmed that conspiracy can be inferred from conduct and presence – A6’s instigation and motive from earlier incidents linked to fatal attack – Held: Knowledge that act could result in death imputable under Section 304 Part II IPC [Paras 16–19].

Decision – Special Leave Petition Dismissed – No Interference with Conviction - Supreme Court upheld High Court’s findings on conviction and sentence under Sections 304 Part II, 450, and allied offences – SLP dismissed with all pending applications disposed of [Paras 19–20].

Civil Law - Cluster Redevelopment – MHADA Authority on Freehold Land – Upheld – No Vested Right with Private Developer - MHADA's redevelopment initiative on freehold land, supported by majority of housing societies, held valid under Regulation 33(9) DCPR – Private developer’s unregistered agreements with some residents do not confer enforceable rights – Appeal dismissed [Paras 12–15, 20–21].

Maintainability – Article 226 Petition by Private Developer – Not Maintainable – Civil Remedy Available - Appellant's plea for writ relief rejected as disputes with residents were contractual in nature – Supreme Court held civil court is the proper forum for enforcement of such rights, if any – Writ jurisdiction cannot be invoked to block MHADA’s public development scheme [Paras 6, 17, 19].

Delay and Inaction – Failure to Commence Project – Public Interest Favoured - Developer had not started any construction since 2012 despite agreements – Only partial corpus funds paid to few residents – Court accepted that delay led residents and societies to support MHADA-led redevelopment in public interest [Paras 14, 16, 18].

Regulation 33(9) – Joint Development with Societies Permitted – Government Misdescription of Title Irrelevant - Court held that MHADA may partner with cooperative housing societies on freehold land – Erroneous description of land as “government land” in official resolution immaterial – Authority under DCPR sufficient [Paras 12–15].

Final Decision – Appeal Dismissed – Appellants Lacked Locus Standi - Supreme Court upheld High Court’s rejection of the writ petition – Held: Appellants had no legal basis or standing to challenge MHADA’s e-tender when majority societies supported it and no valid registered contracts existed [Paras 19–21].