Criminal Law – Murder Trial – Conviction based on Circumstantial Evidence – Failure to Establish Complete Chain of Circumstances – The appellant was convicted under Section 302 IPC for the murder of the deceased, primarily based on circumstantial evidence – The prosecution relied on the "last seen together" theory and alleged evasive responses from the appellant – Held: Two significant circumstances forming the chain of evidence (last seen together and evasive replies) were not proved beyond a reasonable doubt due to inconsistencies and omissions in witness testimonies – In a case based on circumstantial evidence, the prosecution must establish a complete chain of circumstances pointing solely to the guilt of the accused – Conviction set aside, and appellant acquitted [Paras 6-10].

Criminal Law – Last Seen Together Theory – Standard of Proof – The prosecution relied on the testimony of PW-3 (mother of the deceased) to establish that the appellant was last seen with the deceased – Held: The evidence of PW-3 was riddled with omissions and contradictions, making it unreliable – PW-1 (father of the deceased) was not an eyewitness to the last seen event – The prosecution failed to prove this crucial circumstance beyond reasonable doubt – Theory of last seen together rejected [Paras 6-8].

Criminal Law – Omission and Contradictions in Witness Testimonies – Impact on Conviction – PW-3’s deposition contained material omissions regarding her statements to the police, which were inconsistent with her court testimony – The omissions were significant enough to be treated as contradictions under Explanation to Section 162 CrPC – Held: When key witnesses provide inconsistent testimony, the benefit of doubt must be given to the accused – Testimony of PW-3 deemed unreliable [Paras 8-10].

Criminal Procedure – Improper Use of Section 161 CrPC Statements for Contradiction – The trial court followed an incorrect procedure by incorporating portions of the witness’ prior statements directly into their depositions without formally proving them through the investigating officer – Held: The proper procedure is to mark the portions used for contradiction and prove them through the investigating officer – Incorrect trial procedure noted but not a deciding factor in acquittal [Para 11].

Decision – The appeal was allowed – The conviction and sentence of the appellant under Section 302 IPC were set aside – The prosecution failed to establish a complete chain of circumstances proving the guilt of the accused beyond a reasonable doubt – Appellant acquitted, bail bonds cancelled [Para 12].

Education Law – Appointment of Chancellor – Requirement of Approval from the Visitor – No Deemed Approval – The appellants contended that the appointment of the Chancellor was valid despite the lack of express approval from the Visitor (Governor of Meghalaya), relying on the doctrine of "deemed approval" – Held: The provisions of the CMJ University Act, 2009 make the approval of the Visitor mandatory for the appointment of the Chancellor – There is no concept of deemed approval under the Act – A university cannot function without a legally appointed Chancellor – Appointment of Chancellor declared illegal and non-est in law [Paras 33-46].

University Dissolution – Compliance with Section 48 of CMJ University Act – Adherence to Procedural Requirements – The dissolution of CMJ University was challenged on the ground that the State Government did not follow the procedure prescribed under Section 48 – Held: The State issued show cause notices, considered replies, and found significant irregularities, including fraudulent admissions, lack of proper faculty, and non-compliance with statutory directives – The State gave multiple opportunities for compliance, which the University failed to adhere to – Dissolution upheld as per due process of law [Paras 47-59].

Judicial Review – High Court’s Power to Remand – Whether Justified – The Division Bench of the High Court remanded the matter to the Single Judge for reconsideration of the dissolution order – Held: Once the High Court upheld the validity of the dissolution process, remanding the matter for reconsideration was unnecessary and unwarranted – Remand order set aside [Paras 60-63].

Decision – The appeal filed by CMJ Foundation was dismissed – The dissolution of CMJ University upheld – The appeal by the State of Meghalaya against the High Court’s remand order was allowed, setting aside the direction for reconsideration by the Single Judge – Status quo order vacated, and dissolution order affirmed [Paras 64-66].

Criminal Law - Appeal Against Conviction - Section 306 IPC - Abetment of Suicide – Essential Ingredients Not Proved – Conviction Set Aside - Appellant convicted for abetting wife’s suicide based on evidence of old disputes, extra-marital allegations, and complaints – Supreme Court held prosecution failed to prove instigation, conspiracy, or intentional aid under Section 107 IPC – No evidence of direct involvement in facilitating suicide – Conviction unsustainable [Paras 7–11, 14–16].

Mens Rea – Required for Conviction Under Section 306 IPC – Not Established - Prosecution failed to prove any act or conduct by the appellant that could be said to have directly provoked or aided the deceased in committing suicide – Past quarrels and marital discord alone not sufficient without evidence of instigating or aiding the act [Paras 11–15].

Evidence – Allegations Based on Old Conflicts and Complaints – Not Sufficient for Conviction - Complaints (Exhibits Ka-2 and Ka-3) and testimonies of family members did not establish direct link between appellant’s conduct and suicide – Absence of proximate cause or instigating conduct fatal to prosecution case [Paras 9–10, 16].

Guiding Precedents – Reliance on Supreme Court’s Earlier Rulings – Court reiterated settled law from Chitresh Kumar Chopra, M. Mohan, Amalendu Pal, and Velladurai cases that conviction under Section 306 IPC requires specific intent and active instigation or aid [Paras 12–15].

Decision – Appeal Allowed – Conviction and Sentence Under Section 306 IPC Set Aside – Appellant Acquitted – Bail bond discharged [Paras 16–17].

Contract Law – Breach of Reciprocal Contractual Obligations – Entitlement to Refund – The appellant was allotted land by HUDCO for a 5-star hotel project but defaulted on further payments, leading to cancellation and forfeiture of ₹28.11 crores – The appellant claimed that HUDCO breached its reciprocal obligations by failing to execute the required approvals and sub-lease agreement – Held: HUDCO was in breach of its contractual obligations, as it did not obtain statutory approvals or execute the sub-lease agreement, making its demand for further payments unjustified – Forfeiture of the appellant’s payments was held invalid, and refund was directed [Paras 30-42].

Civil Procedure – Suit for Declaration – Failure to Claim Consequential Relief – Proviso to Section 34 of Specific Relief Act – The High Court dismissed the appellant’s suit on the ground that it sought only a declaration without claiming possession – Held: The appellant’s decision to abandon the relief of possession to avoid paying court fees was improper, but given that HUDCO was in breach, the High Court’s strict application of Section 34 proviso was unwarranted – Declaratory relief granted with a refund of payments, but no possession relief awarded [Paras 43-47].

Interest on Refund – Equitable Considerations – Section 34 of CPC – The appellant sought interest at 16.48% per annum on the refunded amount – Held: While HUDCO’s breach justified a refund, the appellant’s conduct in engaging in forum shopping, delaying payments, and withdrawing suits strategically disentitled it from interest – Refund granted without interest, except in case of non-payment within three months, in which case 6% per annum interest would apply [Paras 48-59].

Judicial Ethics – Forum Shopping and Abuse of Process – Impact on Equitable Relief – The appellant withdrew its first suit before the High Court without liberty to file a fresh one, only to initiate proceedings in a lower court – It also abandoned a claim for possession to evade court fees – Held: Such conduct amounted to forum shopping and an abuse of process, warranting a denial of interest despite entitlement to a refund [Paras 53-57].

Decision – The appeal was partly allowed – The cancellation of allotment and forfeiture of ₹28.11 crores was held invalid – HUDCO directed to refund the amount within three months – However, no interest awarded due to the appellant’s inequitable conduct, except in case of delayed refund, where 6% per annum interest would apply [Paras 60-62].

Income Tax – Penalty under Section 271AAA – Interpretation of "Undisclosed Income" – Partial Relief Granted – The appellant challenged the penalty imposed on his total assessed income under Section 271AAA – Held: The imposition of penalty is not automatic; the Assessing Officer must establish the existence of "undisclosed income" as defined in the section – The "specified previous year" was determined to be AY 2011-12 – Since the appellant had admitted and substantiated income of ₹2,27,65,580 and paid tax with interest thereon, albeit belatedly, no penalty could be levied on this amount – However, penalty at 10% was upheld on ₹2,49,90,000 as it was not disclosed at the time of search but only during assessment proceedings – Appeal partly allowed [Paras 30-42].

Income Tax – Scope of Search Findings – Whether income found through sale deeds obtained from a third party qualifies as "found in the course of search" – Held: The term "found in the course of search" has a wide meaning – Documents obtained from a co-operative society post-search, but as a consequence of search proceedings, fall within this scope – The sale transactions revealed through these documents constituted undisclosed income and attracted penalty under Section 271AAA [Paras 40-41].

Income Tax – Section 271AAA(2) – Mandatory Conditions for Exemption from Penalty – The appellant argued that partial compliance with tax payment and interest should exempt him from penalty – Held: All three conditions under Section 271AAA(2) (i.e., admission, substantiation, and full tax payment) are mandatory for exemption – As the appellant failed to meet condition (iii) within the stipulated period, the penalty exemption was not available [Paras 13-15, 33-36].

Decision – The appeal was partly allowed – The penalty imposed under Section 271AAA on ₹4,78,02,616/- was modified – No penalty was leviable on ₹2,27,65,580/- as the appellant fulfilled the conditions under Section 271AAA(2) – However, penalty at 10% was upheld on ₹2,49,90,000/- as it was not disclosed at the time of search but only during assessment proceedings [Para 43].

Service Law - Seniority – Regularisation of Temporary Appointments – Whether Period of Officiating Service Can Be Counted for Seniority – Held: Yes – Appellants were initially appointed as temporary AEEs in 1990-1992 and continued in service uninterruptedly before their regularisation – Their appointments were made against sanctioned posts under Rule 10(a)(i) of the Andhra Pradesh Service Rules – The delay in regularisation was due to the Government’s failure to amend service rules, not attributable to the appellants – Held: Once regularised, their service from the date of initial appointment must be counted for seniority – The High Court’s ruling quashing G.O.M. No. 262 was erroneous [Paras 30-40].

Functus Officio – Rule-Making Power of State – Whether State Government Was Precluded from Issuing Revised G.O.M. No. 262 After Issuance of G.O.M. No. 234 – Held: No – The High Court held that the Government became functus officio after issuing G.O.M. No. 234, which initially placed appellants below the 1997 batch – Held: The doctrine of functus officio does not apply to administrative decisions based on policy considerations – The State had the power to amend and rectify its earlier order [Paras 41-44].

Principles of Natural Justice – Audi Alteram Partem – Whether 1997 Batch Candidates Had a Right to Be Heard Before Issuance of G.O.M. No. 262 – Held: No – The 1997 batch AEEs challenged G.O.M. No. 262, arguing they were not heard before its issuance – Held: No requirement in law to provide a hearing before modifying a general administrative policy – The principle of natural justice does not apply in policy decisions unless expressly mandated – High Court erred in quashing G.O.M. No. 262 on this ground [Paras 45-47].

Judicial Review – Scope of Court’s Interference in Policy Matters – Whether Court Can Interfere with Government’s Policy on Regularisation and Seniority – Held: No – The High Court intervened in a policy decision granting seniority benefits to a category of employees – Held: Policy decisions are within the executive's prerogative – Courts should not interfere unless they are manifestly arbitrary – High Court overstepped its jurisdiction by striking down a valid government order [Paras 48-49].

Decision – Appeals Allowed – Judgment of High Court Quashed – G.O.M. No. 262 Upheld – The Supreme Court held that the appellants were entitled to seniority over the 1997 batch, as their uninterrupted service from 1990-1992 was validly considered for regularisation – The High Court’s judgment quashing G.O.M. No. 262 was set aside [Paras 48-50].

Money Laundering – Bail Under Section 45 of PMLA – Twin Conditions Mandatory – High Court’s Order Unsustainable – The High Court granted bail to the respondent without considering the twin conditions mandated under Section 45 of the PMLA – Held: Section 45 overrides general provisions of CrPC and imposes a higher threshold for bail – The High Court failed to record a finding that there were reasonable grounds to believe the accused was not guilty and unlikely to commit further offences – Order granting bail set aside, and matter remanded to the High Court [Paras 8-12, 17-18].

Money Laundering – Offence Under PMLA is Independent of Predicate Offence – The respondent argued that he was not named as an accused in the predicate offence – Held: Money laundering is a standalone offence that deals with possession, concealment, and use of proceeds of crime, irrespective of direct involvement in the predicate offence – Prosecution under PMLA does not require prior conviction in the predicate offence [Paras 19-21].

Evidence Law – Statements Recorded Under Section 50 of PMLA – Admissibility and Scope – The respondent contended that statements recorded under Section 50 of PMLA were inadmissible under Article 20(3) of the Constitution – Held: Statements recorded under Section 50 are not hit by Article 20(3) as the provision does not amount to self-incrimination but merely requires the person to state the truth regarding transactions – Statements made under Section 50 are admissible [Para 18].

Judicial Approach – Grant of Bail in Money Laundering Cases – Need for Stringent Scrutiny – The High Court granted bail without considering the seriousness of the offence, the quantum of proceeds of crime (₹17.26 crores), and the manner in which money was laundered through hawala and trust properties – Held: Granting bail in such a casual manner defeats the objectives of PMLA – High Courts must strictly adhere to Section 45 while granting bail in PMLA cases [Paras 10-12, 21].

Decision – The appeal was allowed – The High Court’s order granting bail was set aside – The case was remanded for fresh consideration by a different Bench of the High Court – The respondent was directed to surrender before the Special Court within one week [Paras 22-24].

Criminal Law - Quashing of Criminal Proceedings – Matrimonial Dispute – Abuse of Process of Law – The FIR was lodged by the wife two months after the husband filed for divorce – The Supreme Court noted that such delayed allegations, particularly after the initiation of divorce proceedings, indicate an ulterior motive – Held: Criminal proceedings appear to be vexatious and instituted to harass the accused; FIR and charge-sheet quashed [Paras 13-14, 19].

False Allegations of Rape – No Charge-Sheet Under Section 376 IPC – Effect on Remaining Charges – The FIR initially included an allegation of rape against the brother-in-law, but after investigation, no charge-sheet was filed under Section 376 IPC – The complainant also did not file any protest petition against the omission of the rape charge – Held: Once the false charge of rape was removed, the remaining allegations were general and omnibus in nature, insufficient to sustain the prosecution [Paras 14-15].

Delayed FIR and Lack of Specific Allegations – Standard for Quashing Under Section 482 CrPC – The Supreme Court observed that the FIR lacked specific details regarding the alleged offenses, such as date, time, and particulars – The Court reiterated that vague and omnibus allegations against family members cannot be the basis for prosecution – Held: The High Court erred in dismissing the petition without a detailed examination of the allegations [Paras 12-13, 16].

Judicial Precedents on Quashing – Power Under Article 142 of the Constitution – The Court relied on past rulings to emphasize that courts should prevent misuse of criminal law in matrimonial disputes – Held: Applying the principles from previous cases, including Iqbal alias Bala v. State of U.P. and Arun Jain v. State of NCT of Delhi, the proceedings deserved to be quashed [Paras 15-18].

Decision: Appeal allowed – FIR No. 733/2021 and charge-sheet dated 02/02/2022 quashed – Criminal proceedings against the appellants terminated – The Supreme Court found the FIR and charge-sheet to be a misuse of the legal process and an attempt to harass the husband and his family following the divorce petition – High Court’s dismissal order set aside [Para 19].

Matrimonial Law - Void Marriage – Right to Permanent Alimony and Maintenance – Interpretation of Section 25, Hindu Marriage Act – The Court held that Section 25 applies to all decrees passed under the Hindu Marriage Act, including those declaring a marriage void under Section 11 – The word "any decree" in Section 25 must be given a broad interpretation to ensure financial protection for a spouse, even in cases where the marriage is void – Held: A spouse of a void marriage is entitled to claim permanent alimony and maintenance under Section 25, subject to the court's discretion [Paras 14-19, 28(a)].

Interim Maintenance – Applicability of Section 24 to Void Marriages – The Court held that even in cases where a marriage is ultimately declared void, interim maintenance pendente lite can be granted under Section 24 – The discretion of the court in awarding such relief must consider the conduct of the parties and financial necessity – Held: A spouse can seek maintenance under Section 24 pending final adjudication of the validity of marriage [Paras 26-28(b)].

Judicial Precedents – Conflict in Case Law Resolved – Broad Interpretation of Maintenance Rights – The Court resolved prior conflicting judgments, affirming the view in Chand Dhawan v. Jawaharlal Dhawan, (1993) 3 SCC 406, and Rameshchandra Rampratapji Daga v. Rameshwari Rameshchandra Daga, (2005) 2 SCC 33, which supported maintenance claims in void marriages – It rejected the narrow interpretation adopted in Yamunabai Anantrao Adhav v. Anantrao Shivram Adhav, (1988) 1 SCC 530, and Savitaben Somabhai Bhatiya v. State of Gujarat, (2005) 3 SCC 636, which denied maintenance in such cases – Held: Maintenance laws must be interpreted in favor of social justice and protection of dependent spouses [Paras 19-25].

Gender Justice – Dignity and Protection of Women in Void Marriages – Avoiding Derogatory Labels – The Court strongly criticized the use of terms like "illegitimate wife" and "faithful mistress" in earlier judicial pronouncements – It emphasized the need for respectful language in judgments and reaffirmed the constitutional right to dignity under Article 21 – Held: Women in void marriages should not be subjected to derogatory descriptions; maintenance laws must be applied in a manner consistent with gender justice [Paras 24-25].

Decision: Reference answered – Spouse of a void marriage entitled to claim maintenance under Section 25 – Interim maintenance under Section 24 also applicable in void marriages – Appeals to be placed before the appropriate bench for decision on merits – The Court directed that maintenance claims in void marriages should be considered on a case-by-case basis, taking into account conduct, financial necessity, and fairness [Paras 28-29].