Dowry Death – Sections 304B, 306, 498A IPC – Distinction – Section 304B punishes dowry death occurring within 7 years of marriage; Section 498A punishes cruelty simpliciter – Both sections not mutually inclusive; conviction possible under both if facts established – Acquittal under Section 304B does not preclude conviction under Section 498A [Paras 7].

Evidence Act – Section 113B – Presumption of dowry death – Presumption arises if death of woman occurs within 7 years of marriage and cruelty proved – Here, prosecution failed to establish ingredients of Section 304B; hence presumption not attracted – But cruelty proved independently under Section 498A [Paras 7].

Criminal Law – Husband and Relatives – Evidence of PWs 3, 4, 5 and letters written by deceased established harassment and cruelty on account of dowry demand – Husband (A-2), father-in-law (A-1) and mother-in-law (A-4) held guilty under Section 498A IPC – Brother-in-law (A-3) acquitted for lack of evidence [Paras 8].

Sentence – Considering age of A-1 (father-in-law) and A-4 (mother-in-law), and period already undergone, sentence reduced to period undergone – Conviction of A-2 (husband) under Section 498A upheld with sentence of one year [Para 9].

Decision: Appeal partly allowed – A-3 acquitted – Conviction of A-1, A-2, A-4 under Section 498A IPC upheld – Sentence of A-1 and A-4 reduced to period already undergone – Appeal of A-2 dismissed [Paras 8-10].

Criminal Procedure – Legal Aid – Denial of Effective Assistance – High Court dismissed appeal of accused under NDPS Act in absence of legal aid counsel – Counsel appointed by Legal Aid Committee failed to appear – No substitute counsel or Amicus Curiae appointed – Held: Serious procedural lapse – Accused denied meaningful opportunity of defence – High Court should have either sought appointment of new counsel or appointed Amicus Curiae – Impugned order set aside and matter remitted for fresh hearing [Paras 2–5]

Narcotic Drugs and Psychotropic Substances Act, 1985 – Fair Trial – Right to Legal Representation – Appellants convicted under Sections 8/18(b), 8/21(c), 8/29, sentenced to 20 years’ RI and fine of ₹2 lakhs – Non-representation in appeal proceedings undermined principles of fair trial – High Court’s failure to ensure representation constitutes violation of procedural safeguards – Appeal allowed, case remanded [Paras 2–5]

Decision: Appeal allowed – Judgment of High Court set aside – Matter remitted to High Court for fresh hearing.

Rent Control – Bonafide Requirement – Non-Residential Premises – Interpretation of “Own Use” – Section 13(3)(a)(ii) – Landlord sought eviction on grounds of personal use by his son who had become owner via family partition – High Court reversed eviction on ground that personal need was pleaded only for son, not father (original landlord) – Held: Requirement of son who is also owner falls within “own use” under Section 13(3)(a)(ii) – Personal use by close family member like son is sufficient – Liberal and practical interpretation upheld in light of Joginder Pal precedent [Paras 8–13]

Revisional Jurisdiction – Interference with Findings of Fact – Appellate Authority found landlord’s requirement bonafide and eviction justified – High Court interfered with findings in revision without holding them perverse or arbitrary – Held: Revisional court under Rent Act cannot re-appreciate evidence unless findings are perverse or legally unsustainable – High Court erred in interfering with factual conclusions [Paras 8, 14]

Statutory Interpretation – Harmonious Construction – Sections 13(3)(a)(ii) and 13(3)(a)(iv) – Interpretation of “his own use” to include son’s requirement must be read with related provisions regarding alternative accommodation and prior vacating of premises – Pleadings by son as landlord found sufficient – Eviction justified under composite reading of statutory scheme [Paras 11–13]

Distinction in Rent Laws – Applicability of Precedents – Hasmat Rai v. Raghunath Prasad distinguished – Decision under M.P. Act held inapplicable to East Punjab Act due to difference in statutory wording – Premises in question admittedly commercial – Mixed use argument rejected [Para 15]

Decision: Appeal allowed – High Court’s judgment set aside – Order of eviction passed by Appellate Authority restored – Respondents granted 9 months' time to vacate subject to filing undertaking within 2 weeks – No order as to costs.

Service Law – Inter-Collectorate Transfer – Seniority vs. Eligibility – Transferees not entitled to promotion consideration outside zone of seniority – Respondents transferred as LDCs from one Collectorate to another on compassionate grounds in 1992 – As per Government policy (1980), such transferees placed at bottom of seniority in new Collectorate – CAT and High Court wrongly directed their consideration for promotion as UDCs in 1997 based on past service – Supreme Court held: Past service counts only for eligibility, not seniority – Seniority determines zone of consideration – Orders of CAT and High Court set aside [Paras 13–22, 28–29, 44–45].

Promotion – Eligibility vs. Seniority – Distinct Concepts – Court reiterated distinction between “eligibility” (experience or qualification) and “seniority” (position in service list) – Even if employee is eligible for promotion, he must fall within zone of consideration determined by seniority – Transferees placed at bottom cannot bypass others higher in seniority list [Paras 28–29].

Administrative Law – Policy Binding on Transferees – Voluntary Transfer with Condition of Seniority Forfeiture Enforceable – Employees voluntarily transferred with clear understanding they would lose seniority – Such policy accepted through written undertakings – Held: Having accepted condition, transferees estopped from claiming parity in promotion with original cadre members [Paras 17–21, 44].

Judicial Precedents – Misapplication of Law by CAT and High Court – Ponnappan and Renu Mullick clarified – CAT relied on Union of India v. C.N. Ponnappan to treat past service as ground for promotion – Supreme Court held Ponnappan only permits counting past service for eligibility, not for seniority – Similar clarification on Renu Mullick and Scientific Advisor to Raksha Mantri v. V.M. Joseph – CAT and High Court erred in equating eligibility with seniority [Paras 26–36, 42–44].

Relaxation of Rules – Valid Exercise of Rule 7 – High Court erred in interfering – Recruitment Rules empowered Government to relax eligibility criteria for senior employees lacking prescribed experience – High Court erred in questioning such relaxation when sufficient eligible candidates existed within seniority zone [Para 44].

Decision: Appeal allowed – CAT and High Court judgments set aside – Respondents’ original application dismissed – No order as to costs.

Juvenile Justice – Determination of Age – Appellant convicted under Sections 302 and 452 IPC for murder committed on 01.08.1993 – Contended that he was a juvenile (below 18 years) at the time of offence – Held: As per Juvenile Justice Act, 1986, age limit for male juveniles was 16 years – Since appellant was over 16 at time of offence, he was not a juvenile under the then-applicable law – 2000 Act which raised the age limit to 18 years does not apply retrospectively to proceedings where the offence was committed before its commencement – Section 20 of the 2000 Act does not permit such retrospective enlargement of benefit – Appeal dismissed [Paras 2–10]

Juvenile Justice Act, 2000 – Section 20 – Scope – Applies only to pending proceedings of juveniles as defined under 1986 Act – Does not permit re-opening concluded findings or trials based on new age threshold under 2000 Act – Explanation to Section 20 clarifies applicability of 2000 Act only in pending cases where the accused was a juvenile “as per Section 2(1)” of 2000 Act – Held: Where the offence occurred before 2000 Act came into force, and accused was not a juvenile under 1986 Act, benefit of 2000 Act cannot be claimed [Paras 7–8]

Precedent – Applied – Jameel v. State of Maharashtra, (2007) 1 SCR 946 – Reiterated that Juvenile Justice Act, 2000 has no retrospective effect for determining juvenility where the age at the time of offence exceeded the threshold under the 1986 Act – Male offender above 16 years on date of offence not entitled to benefit of 2000 Act [Para 9]

Decision: Appeal dismissed – Appellant not entitled to claim juvenility under Juvenile Justice (Care and Protection of Children) Act, 2000.

Service Law – Pension – Defence Forces – Major Generals Retired Pre-1.1.1996 – Entitlement to Pension Parity – Held: Arbitrary Classification Violates Article 14 – Pension of pre-1996 Major Generals to be refixed notionally at same level as post-1996 counterparts – Differential treatment between officers of same rank struck down – Cut-off date held unconstitutional [Paras 4-7, 22-26, 30-31].

Anomaly in Pay Scales – Fifth Pay Commission – Brigadiers Drawing Higher Pension than Major Generals – Government’s decision to merely “step up” pension of pre-1996 Major Generals to Brigadiers’ level inadequate – Classification within same cadre on basis of retirement date unjustified – Doctrine of equality requires uniform treatment [Paras 6-7, 23-25, 30].

Constitutional Law – Article 14 – Principle from D.S. Nakara Applied – Date of retirement cannot form a valid basis for classification among pensioners of same rank – Any artificial division within one class offends equality – Cut-off date rejected [Paras 16, 25-26, 30].

Decision – Appeal dismissed – Order of High Court modified – Pay of all pensioners in rank of Major General (and equivalents in Navy and Air Force) to be notionally fixed at post-1996 level – Pension to be recomputed prospectively from date of filing of writ petition – Difference payable with 10% interest within three months – No costs [Paras 31-33].

Environmental Protection – Aravalli Mining – Punjab Land Preservation Act, 1900 – Preparation of Macro Plans Ordered - CEC filed a report on mining activities in Aravalli region – Court directed that macro-level environmental and land use plans must be prepared before permitting site-specific projects including relocation of Trade Fair Authority, Police Training Academy, and transport systems – Held: Preparation of macro plans essential and cannot be bypassed despite delay in public and private projects – CEC directed to submit macro plans by November 14, 2008 and supply copies to parties by November 10, 2008 [Paras 1-4].

Decision: CEC directed to prepare and file comprehensive macro plans by 14/11/2008; copies to be made available to applicants’ counsel by 10/11/2008 on payment of charges.

Criminal Law – Rape – Sentencing – Reduction Below Minimum Without Special Reasons – Held: High Court Erred in Reducing Sentence Without Recording Adequate and Special Reasons as Mandated Under Section 376 IPC – Sentence Enhanced – Trial court convicted respondent under Sections 366 and 376 IPC and sentenced him to 3 and 7 years RI respectively – High Court upheld conviction but reduced sentence to period undergone on ground that accused was 19 years old and had love relationship with the victim – Held: Neither ground is "adequate and special" within meaning of Section 376 IPC – Sentence enhanced to 3 years RI with fine of ₹10,000, failing which one year additional sentence to be served [Paras 2–3, 16–21].

Criminal Law – Rape of Minor – Consent Irrelevant – Victim Below Age of 16 – Admission of Love Affair and Voluntary Sexual Intercourse by Victim Not a Defence – Conviction Under Section 376 Valid – Though victim stated she was in love and had intercourse voluntarily, her age being below 16 makes consent immaterial – Held: Conviction correctly recorded by lower courts [Paras 19].

Sentencing Principles – Deterrence and Social Impact – Rape Is Crime Against Body and Dignity – Lapse of Time, Rural Background or Mutual Affection Are Not Grounds for Leniency – Courts Must Reflect Public Abhorrence and Protect Social Order – Reiterated that sentencing must consider crime’s gravity, its social impact and victims’ rights – Liberal or sympathetic view weakens public confidence in justice system – Importance of proportionality in punishment highlighted [Paras 5–15].

Judicial Discretion – Minimum Statutory Sentences – Departure Permissible Only for Adequate and Special Reasons – High Court Must Record Reasons in Judgment – General or Vague Justifications Not Sufficient – High Court gave no detailed reasoning except age and rural background – Held: These are not valid grounds for reducing sentence below statutory minimum under Section 376 IPC – Legal requirement of recorded reasons not met [Paras 17–18].

Decision: Appeal partly allowed – Sentence enhanced to 3 years’ rigorous imprisonment and fine of ₹10,000, default of which shall result in 1 year’s additional imprisonment – If fine is deposited, ₹8,000 to be paid to victim – Respondent directed to surrender immediately to serve remainder of sentence [Paras 20–21].

Criminal Procedure – Section 319 CrPC – Power to Add Co-Accused – Magistrate has jurisdiction to summon a person not initially named as accused if evidence during trial reveals their involvement – Held: Application under Section 319 CrPC can be made by any person, including a co-accused – No restriction that only the prosecution can seek addition – Application by appellant-accused was maintainable – Timing of such application not relevant – Power under Section 319 to be exercised judicially and based on evidence [Paras 19–32, 38, 40]

Criminal Procedure – Magistrate’s Power to Recall Summons – No Review Jurisdiction – Once Magistrate has issued summons under Section 204 CrPC, he cannot recall it – Reaffirmed: K.M. Mathew overruled by Adalat Prasad – Revisional Court erred in relying on K.M. Mathew – Judicial Magistrate rightly dismissed recall application – High Court erred in affirming order recalling summons [Paras 41–51]

Criminal Law – Offences by Public Servant – No Sanction Required – Allegations under Sections 409, 420, 467 etc. relate to acts not connected with discharge of official duties – Held: Sanction under Section 197 CrPC not required – Court cannot quash proceedings for want of sanction at summons stage – Issue of sanction may be raised during trial [Paras 68–69]

Criminal Procedure – Revisional Jurisdiction – Improper Interference – Revisional Court and High Court exceeded jurisdiction by evaluating evidence at pre-trial stage – Magistrate’s satisfaction on prima facie case was sufficient to issue summons – Held: Revisional interference unjustified where Magistrate’s order is legally sound and based on evidence [Paras 63–66, 71]

Evidence – Prima Facie Case – Based on Prosecution Witnesses – Testimonies of Treasury Officer, Bank Manager, and Senior Assistant supported inference that Headmaster (respondent No. 2) was involved in the embezzlement – Summoning order based on evidence showing matching signatures and role as Drawing and Disbursing Officer – Magistrate’s reasoning found valid [Paras 58–60]

State Conduct – Bias Alleged – State challenged summoning order and later supported respondent No. 2 despite failed revision – Conduct criticised by Court – Held: State should act impartially and avoid unnecessary partisan role in criminal prosecutions [Para 72]

Decision: Appeal allowed – Orders of Additional Sessions Judge and High Court set aside – Magistrate’s order summoning respondent No. 2 restored – Trial to proceed expeditiously – No opinion expressed on merits of case [Paras 73–75]