Hindu Law - Adoption - Consent of Wife - Section 7 of the Hindu Adoptions and Maintenance Act, 1956 mandates that a male Hindu cannot adopt a son except with the consent of his wife, unless she has renounced the world, ceased to be a Hindu, or has been declared of unsound mind. Mere presence of the wife at adoption ceremonies without active participation does not imply consent. Held, the concurrent finding that Dhapubai consented to the adoption was perverse and based on unfounded assumptions. Adoption invalidated due to lack of wife's consent. [Paras 1-34]

Hindu Law - Gift Deeds and Will - Validity - In light of the invalid adoption, challenges to the gift deeds dated 29.11.1944 and 22.10.1966, and the will dated 27.10.1975 executed by Gopalji in favor of Dhapubai, as well as the sale deed dated 19.1.1973 executed by Dhapubai in favor of Sunderbai, were revisited. Findings of the lower courts on these documents set aside. [Paras 1-35]

Civil Procedure - Concurrent Findings of Fact - Interference by Supreme Court - Interference with concurrent findings of fact by lower courts is warranted when findings are perverse or based on no evidence. In the present case, concurrent findings were held to be based on conjectures and assumptions, justifying interference. [Paras 23-34]

Decision - Adoption by Gopalji of Ghisalal without valid consent of Dhapubai set aside. Suit for declaration, partition, and possession by Ghisalal dismissed. Judgments and decrees of trial court, lower appellate court, and High Court set aside. [Paras 34-35]

Sikh Gurdwaras Act, 1925 - Declaration of a Sikh Gurdwara - Tribunal and High Court's Jurisdiction - Appeal against the order dismissing the petition challenging the declaration of an institution as a Sikh Gurdwara - Held that both the Tribunal and the High Court failed to adhere to the requirements of Section 16(2)(iii) of the Act which mandates that the institution must have been established for use by Sikhs for public worship and used as such before and at the time of the presentation of the petition under Section 7(1) of the Act - Order of the Tribunal and judgment of the High Court set aside. [Paras 22-40]

Establishment and Use of Gurdwara - Analysis - Held - Revenue records indicating Guru Granth Sahib as the owner insufficient to prove that the institution was established for use by Sikhs for public worship - No adequate foundation laid in the written statement or evidence to show establishment for such use - Tribunal's and High Court's reliance on revenue entries and incidental worship by Sikhs erroneous. [Paras 32-38]

Decision - Appeal allowed - Declaration by the Tribunal that the institution is a Sikh Gurdwara set aside - Tribunal and High Court orders quashed - Lack of sufficient evidence to meet statutory requirements of Section 16(2)(iii) of the Act. [Para 40]

Land Acquisition - Relevant Date for Market Value Determination - The main issue was whether the market value of the land should be determined based on the first preliminary notification dated 3.1.1990 or the second preliminary notification dated 19.11.1993. The Court held that the second notification was valid as the State had issued it to rectify the lapse in passing the award within the stipulated period, and thus compensation must be calculated with reference to the second notification. [Paras 7-10]

Compensation Quantum - Judicial Review - The Supreme Court upheld the High Court's award of compensation at Rs. 150,000 per acre. This was based on a comparable sale deed from November 1993, and the Court found the compensation reasonable after a 40% deduction to reflect the market value accurately. [Paras 11]

Procedure - Impermissibility of Counter Claims in SLPs - The respondents' attempt to seek higher compensation through counter-claims in their counter-affidavits was dismissed as not maintainable. [Para 12]

Decision - Dismissal of Appeals - The appeals were dismissed, affirming the High Court's decision on the relevant date for determining market value and the compensation awarded. [Para 13]

Land Law - De-reservation of Gochar Land - Validity of Notification – Civil Appeal against High Court's order invalidating the State Government’s notification to de-reserve village grazing land (gochar) for hospital construction – High Court held that gochar land could not be used for any purpose other than grazing – Supreme Court examines provisions under Santhal Parganas Settlement Regulations and Santhal Parganas Tenancy (Supplementary Provisions) Act – Held that the State Government possesses the authority to de-reserve gochar land with the prior sanction of the Deputy Commissioner and alternative land provision – Notification dated 31.5.2007 upheld, allowing the hospital to operate on the de-reserved land. [Paras 1-20]

Land Rights - Power to De-reserve Gochar – Analysis – Held – Section 38(1) of the Tenancy Act prohibits utilization of gochar land for non-grazing purposes unless reclassified under lawful authority – Regulation 25 of the Settlement Regulations permits re-opening and alteration of record-of-rights with the State Government's sanction – State Government acted within its powers by de-reserving gochar land and setting apart alternative land for grazing – Importance of procedural compliance highlighted, including consultation and obtaining consent from village headman and Jamabandi Raiyats. [Para 12-13]

Decision – Validation of Notification and Construction – Supreme Court allows appeals, sets aside the High Court’s order, and dismisses the public interest litigation – Hospital permitted to function on the previously designated gochar land – Emphasis on maintaining 5% village area as gochar as per legal provisions. [Para 20]

Civil Procedure - Counter-Claim - Amendment - Civil appeal against High Court order allowing respondents to amend written statement to include counter-claim for possession at appellate stage - Trial court had dismissed counter-claim for mandatory injunction to demolish structures in disputed property - High Court allowed amendment to include possession claim to avoid multiplicity of proceedings - Supreme Court finds amendment at appellate stage inappropriate, causes prejudice to appellant - Counter-claim should have been filed at trial stage - High Court's order allowing amendment set aside. [Paras 1-37]

Civil Procedure - Permissibility of Amendments - Analysis - Held - Amendments to pleadings are generally permissible to avoid multiplicity of proceedings but must be timely - Discretion to allow amendments should be exercised carefully, especially at advanced stages of litigation - High Court erred in allowing amendment of counter-claim at appellate stage, causing undue prejudice to appellants. [Paras 22-31]

Decision - Amendment of Counter-Claim - Appeal allowed - Supreme Court sets aside High Court's order permitting amendment of counter-claim - Trial court's decision to dismiss counter-claim affirmed - High Court's modification of permanent injunction decree also set aside - Appellants' decree for permanent injunction restored. [Paras 36-37]

Service Law – Disciplinary Proceedings – Natural Justice – Appeal against High Court order quashing enquiry proceedings and related orders on the ground of denial of natural justice due to non-supply of documents and CVC report – Supreme Court finds that the respondent did not raise issue of non-supply of documents during enquiry and did not show any prejudice caused – Recommendations of CVC not considered by the authorities in making decisions – No procedural impropriety found – Held that the disciplinary proceedings were conducted fairly and the orders of punishment were justified – Appeal allowed – Judgment of the Division Bench set aside – Judgment of the learned Single Judge restored. [Paras 1-29]

Non-Supply of Documents – Relevance – Analysis – Held – Non-supply of documents must cause prejudice to vitiate enquiry proceedings – Respondent failed to submit list of documents and their relevance in time – No objection raised during enquiry or in defence brief – No material evidence of prejudice presented. [Paras 21-24]

Recommendations of Central Vigilance Commission (CVC) – Consideration – Held – Non-supply of CVC recommendations does not vitiate proceedings if not relied upon by the disciplinary authority – Recommendations were not considered by the authorities in this case – No violation of principles of natural justice. [Paras 21-25]

Decision – Disciplinary Proceedings Valid – Supreme Court holds that the disciplinary proceedings and punishment orders were valid – No breach of procedural rules or natural justice – Division Bench judgment quashing the proceedings set aside – Single Judge's judgment dismissing the writ petition restored. [Paras 29]

Land Acquisition - Application of Amended Provisions - Appeal against the decision of the Bombay High Court rejecting the writ petition challenging acquisition under MRTP Act - Supreme Court examines whether amendments introduced by the Land Acquisition (Amendment) Act, 1984, particularly Section 11A, apply to acquisitions under Chapter VII of the MRTP Act - Held that while MRTP Act is a self-contained code, certain amended provisions of the Land Acquisition Act, 1894, including those related to acquisition procedures and compensation, are applicable to MRTP Act acquisitions, except for provisions like Section 11A which prescribe time limits and consequences of lapsing acquisition proceedings - Reference answered accordingly, limiting applicability of amended Land Acquisition Act provisions to compensation and legal remedies​​.

Principle of Legislation by Reference - Analysis - Held - When specific provisions from an existing Act are incorporated into another Act, amendments to the original Act do not automatically apply to the incorporating Act unless expressly provided or necessary for the function of the latter - Supreme Court reiterates that procedural and substantive provisions must be distinguished and applied accordingly - Reference answered by holding that the MRTP Act does not incorporate procedural amendments like Section 11A of the Land Acquisition Act​​.

Decision - Limitation on Application of Section 11A - Court holds that Section 11A of the Land Acquisition Act, which mandates the completion of acquisition proceedings within a specified period, does not apply to acquisitions under the MRTP Act - Ensures that the planned development under MRTP Act is not hindered by procedural constraints of the Land Acquisition Act - Matter remitted to appropriate Bench for disposal in accordance with the law​​.

Criminal Law - Transfer of Case - Reasonable Apprehension - Petition filed under Section 406 CrPC for transfer of a murder trial from Haridwar, Uttarakhand to Delhi - Petitioner, son of the deceased and eye-witness, alleged threats to witnesses and failure of local authorities to provide adequate protection - Supreme Court, considering the seriousness of the threats and the potential for miscarriage of justice, held that the apprehensions of the petitioner were reasonable - Ordered transfer of the case to Delhi to ensure a fair trial. [Paras 1-18]

Witness Protection - Importance in Criminal Justice System - Emphasized the role of witnesses as critical to the administration of justice - Cited the failure of local authorities to protect witnesses and the resulting risk of witnesses turning hostile - Reinforced the need for proactive measures by the judiciary to safeguard witnesses in sensitive cases to prevent miscarriage of justice. [Para 14-15]

Fair Trial - Judicial Role - Highlighted the necessity for the trial judge to actively use powers under Section 311 CrPC and Section 165 of the Evidence Act to ensure a fair trial - Criticized the passive role of the trial judge in the case - Reiterated the duty of the judiciary to ensure that justice is not only done but is seen to be done, particularly in cases involving influential accused. [Para 15-16]

Decision - Transfer of Case - Considering the threats to the petitioner and other witnesses, and the failure of local authorities to provide adequate protection, the Supreme Court transferred the trial from Haridwar to a competent court in Delhi - Directed both state authorities to ensure witness protection and expedited trial - The petition is allowed. [Paras 17-18]

Criminal Law - Maintenance under Section 125 CrPC - Enhancement of maintenance - Appeal against High Court's order enhancing maintenance from Rs. 1,500 to Rs. 4,000 per month - High Court's jurisdiction to fix maintenance not limited by State amendment specifying upper limits.

Section 125 CrPC - Amendment by Madhya Pradesh Act - Validity - Held - Central amendment to Section 125 CrPC in 2001 removing the ceiling of Rs. 500 renders State amendments setting upper limits invalid. The discretion of the magistrate in determining the amount of maintenance is upheld post the Central amendment.

Criminal Appeal - Validity of State Amendment Post Central Amendment - Analysis - The Central amendment to Section 125 CrPC overrides State amendments that impose a ceiling on maintenance amounts. As a result, the appellant's argument based on the Madhya Pradesh Act's limitations is without merit.

Decision - Appeal Dismissed - The Supreme Court upheld the High Court's decision to enhance the maintenance amount to Rs. 4,000 per month. The appeal was found to have no merit and was dismissed.