Matrimonial Proceedings – Transfer Petition – Convenience of Wife – Appellant-wife sought transfer of divorce case filed by husband from Tis Hazari Courts, Delhi to District Court, Panchkula – Wife residing in Panchkula with two minor daughters, one only 7 months old – No appearance made by respondent despite due service – Held: Considering difficulty faced by wife in commuting with infants in absence of male support, transfer of proceedings justified – Case directed to be transferred to Panchkula [Paras 1–3]

Transfer of Matrimonial Case – Discretion of Court – Supreme Court exercised discretionary jurisdiction under transfer powers to protect interest and convenience of wife – Directed expeditious transmission of records within one month – Trial court at Panchkula expected to dispose of case within one year without unnecessary adjournments [Para 4]

Decision: Transfer petition allowed – Matrimonial proceedings pending in Tis Hazari Courts, Delhi transferred to the Court of District Judge, Panchkula – No order as to costs [Para 5]

NDPS Act – Sections 18, 50, 51, 52, 52(3), 53, 55 of NDPS - Recovery of Opium – Appellant found in possession of 7 kg opium recovered from bag held in his hand – Samples duly sealed by investigating officer and DSP, later confirmed by chemical analyst – Conviction under Section 18 NDPS Act upheld – Minimum sentence of 10 years’ RI and fine of ₹1 lakh justified [Paras 2-6, 12].

Criminal Procedure – Examination under Section 313 CrPC – Defence plea of false implication due to earlier vehicular accident and alleged apology document (Ex. DB) held untrustworthy – No cross-examination of PW 5 (IO) on execution of apology – Complaints (Ex. DC, DD, DF) produced belatedly, not proved as genuine – Defence version rejected as fabricated story [Paras 9-11].

NDPS Act – Section 55 – Compliance – Allegation of violation due to non-sealing by officer-in-charge rejected – Case property with intact seals produced before SHO (PW 1) who confirmed custody till dispatch to FSL – Delay of 40 days in sending samples immaterial as seals intact and no tampering proved – No prejudice caused to accused – Requirement of Section 55 not mandatory in all cases [Paras 12-13].

NDPS Act – Investigating Officer as Informant – No automatic disqualification – Reference made to V. Jayapaul – Investigation not vitiated merely because IO registered FIR – Bias must be shown on facts, not presumed – In present case, recoveries proved independently by DSP and others – No bias established [Para 14].

NDPS Act – Delay in Sending Samples – Samples dispatched to FSL after 40 days but seals intact when received – Court held delay not fatal where tampering not shown – Reliance on Ouseph v. State of Kerala distinguished as in that case contraband was kept unsealed [Para 12].

Decision: Appeal dismissed – Conviction and sentence under Section 18 NDPS Act affirmed – Appellant to serve remaining sentence [Para 15].

Criminal Law – Murder – Dying Declarations – Deceased made six dying declarations (three written, three oral), first of which was exculpatory and termed the incident accidental – Subsequent declarations implicated husband and in-laws, citing dowry demands and forced concealment of truth – First declaration held to be under duress, recorded in presence of one accused, and found unreliable by the court – Subsequent declarations consistent, detailed, and found credible – Conviction upheld based on second and third written declarations [Paras 2–6, 15–17]

Evidence – Dying Declarations – Medical Certification – Absence of doctor’s certificate as to mental fitness not fatal – Executive Magistrate and police officer who recorded the statements testified to the victim’s fit condition – Held: Legal requirement is satisfaction of person recording the statement, not mandatory medical certification – Rule of caution, not a rule of law [Paras 10–14, 16]

Dowry Demand – Motive for Crime – Evidence showed consistent demand of Rs. 10,000 by accused persons – Victim had informed uncle before incident, and reiterated in declarations – Dowry harassment accepted as motive behind the act of burning – Conviction for murder affirmed [Paras 5, 9, 16]

Appeal – Appreciation of Evidence – Minor inconsistencies across dying declarations did not affect core allegation – Consistency in attribution of roles and motive across declarations established reliability – Held: Declarations voluntary and truthful – Appeal dismissed [Paras 3, 16–17]

Decision: Appeal dismissed – Conviction and sentence under Section 302/34 IPC affirmed – Dying declarations found voluntary and trustworthy – Absence of medical certification in one declaration not fatal – Appellants to continue serving life imprisonment.

Service Law – Disciplinary Proceedings – Natural Justice – Dismissal of Temporary Employee – Article 311(2) – Respondent, a forest guard, dismissed from service following an enquiry conducted by officer who had investigated the matter and acted as complainant, prosecutor, and judge – No departmental witnesses examined – No opportunity for cross-examination – Enquiry report recommending dismissal without supplying copy to delinquent – Held: Entire process violated principles of natural justice – Dismissal order unsustainable [Paras 11–14]

Enquiry Officer – Role and Scope – Enquiry officer inspected site, examined delinquent directly, drew conclusions without formal evidence, and recommended punishment – Held: Enquiry officer exceeded his jurisdiction – Awarding punishment lies solely with disciplinary authority – Recommendation to dismiss was impermissible and vitiated the process [Paras 12–13]

Constitutional Law – Article 311(2) – Reasonable Opportunity – Failure to supply enquiry report and relied-upon materials to delinquent employee before imposing punishment amounts to denial of reasonable opportunity to defend – Held: Violation of Article 311(2) – Proceedings nullified [Paras 7, 11–14]

Appellate Authority – Failure to Rectify Procedural Lapses – Appellate authority failed to consider specific allegations of procedural irregularity and unsupported denial in counter affidavit – Held: Appellate order also unsustainable [Para 14]

Decision: Appeal dismissed – High Court's direction to reinstate respondent with all consequential benefits upheld – No order as to costs.

Service Law – Pension – Limitation – Disability pension – Delay of 16 years in claiming arrears – Held barred – Respondent invalidated from service in 1983; disability pension granted prospectively pursuant to Single Judge order restricting arrears to 38 months – Division Bench wrongly directed arrears for 16 years with interest – Held: belated service-related claims ordinarily barred by delay/laches; continuing wrong applies only to subsisting rights like pension fixation, not to stale arrears – Relief confined to three years prior to writ – Appeal allowed; Single Judge order restored [Paras 2-7].

Limitation – Continuing Wrong v. Recurring Wrong – Section 22, Limitation Act, 1963 – Distinction reiterated – Continuing wrong is one creating continuing source of injury; recurring wrongs arise periodically with separate causes of action – In pension matters, non-payment is recurring but arrears are restricted – Exception: if reopening claim affects settled rights of third parties (e.g., seniority, promotion), relief denied altogether – Here claim of arrears beyond three years not sustainable [Paras 4-5].

Interest on Arrears – Disability pension – Interest on arrears not permissible where claim is stale and barred by delay – Division Bench erred in granting 6% interest – Restored order denying arrears beyond three years and without interest [Para 6].

Decision – Appeals allowed – Order of Division Bench set aside – Single Judge order restored limiting arrears to 38 months prior to writ petition – No interest payable [Para 7]

Education Law – Eligibility Criteria – University Teaching Posts – Post of Reader – Whether M.A. and Ph.D. in Political Science qualifies for Reader in Public Administration – High Court quashed appointment on the ground that Political Science and Public Administration are distinct disciplines – Held: UGC and University considered the subjects interrelated and interchangeable – Court should not interfere with academic expert opinion – UGC clarification supports inter-changeability – Appointment upheld [Paras 6–10, 27–34]

UGC Regulations – Interpretation – Regulation 2 – Phrase “in the relevant subject” not expressly mentioned in Reader qualification clause – Held: Such a phrase must be read in context to avoid absurdity – Mimansa principles of interpretation (anusanga) applied to interpret the regulation – Relevance of subject must be inferred to preserve legislative intent and academic integrity [Paras 11–13, 21–26]

Precedent – Distinction from Earlier Case – Reliance by High Court on Dr. Bhanu Prasad Panda v. Chancellor, Sambalpur University held misplaced – Said judgment was based on concession and lacked reasoned distinction between disciplines – Not a binding precedent – Precedent applies only to what is actually decided with reasoned basis [Paras 35–38, 45]

Judicial Review – Scope in Academic Matters – Court must defer to academic expert bodies like UGC and selection committees in matters of equivalency and discipline classification – Judicial interference only warranted when findings are arbitrary or perverse – Held: View of UGC and expert selection committee must prevail [Paras 29–33]

Decision: Appeal allowed – High Court’s judgment quashing appointment set aside – Appointment of appellant as Reader in Public Administration upheld – No order as to costs.

Criminal Law – Quashing of Proceedings – Section 482 CrPC – Abuse of Process – Appellants sought quashing of criminal case alleging bigamy, dowry harassment, and conspiracy – Allegations vague and delayed – No specific role attributed to accused other than husband – High Court refused to quash, holding charges can be contested at framing stage – Held: Complaint filed nearly 22 months after alleged dowry demand – Lacked material particulars – Continuance of proceedings amounts to abuse of process – Quashed under Category 7 of Bhajan Lal case [Paras 2, 4, 8–9]

Marriage Law – Validity of Second Marriage – Section 15 of Hindu Marriage Act – Appellant No.1 remarried after ex parte divorce decree – Time to file appeal had expired – Restoration application filed much later – Held: Remarriage not barred under Section 15 – Proceedings under Section 494 IPC not sustainable [Paras 3–4]

Criminal Procedure – Inherent Powers – Section 482 CrPC – Scope and Limitations – Powers under Section 482 are wide but must be used sparingly – Intended to prevent miscarriage of justice and abuse of process – Cannot be invoked to stifle legitimate prosecution but applicable where prosecution is clearly malicious or baseless – Present case justified interference to secure ends of justice [Paras 5–7]

Decision: Appeal allowed – Proceedings in Complaint Case No. 896 of 1994 (later renumbered as Criminal Case No. 931 of 1995) pending before the Special CJM, Varanasi quashed.

Criminal Law – Murder – Conviction – Appellant and co-accused allegedly entered victim’s home at night and assaulted family with deadly weapons – Deceased sustained sword injuries and died – Appellant identified as first assailant who stabbed deceased in abdomen – Conviction under Section 302 IPC confirmed based on credible testimony of injured and related eyewitnesses – Recovery of sword with blood matching deceased’s blood group further corroborated prosecution version [Paras 4, 6]

Eyewitness Testimony – Injured Witnesses – PWs 7 and 13 sustained injuries during incident – Evidence of injured witnesses carries high probative value and cannot be lightly disregarded – Testimony of PW10 (informant and eyewitness) consistent and corroborative – Held: Injured and related witnesses not inherently unreliable—Clear, cogent and credible version sufficient to sustain conviction despite acquittal of co-accused [Paras 6]

Conviction – Acquittal of Co-accused – Legal Principles – Acquittal of co-accused due to exaggerations or insufficient evidence does not automatically vitiate conviction of another accused – Conviction can be upheld where role is specifically proved against one accused through independent credible evidence – Sword blow attributed specifically to appellant and corroborated by medical and forensic evidence [Paras 5–6]

Defence Plea – Self-inflicted Injury – Appellant claimed injuries from complainant party – Doctor opined injuries were superficial and possibly self-inflicted – Trial Court and High Court rightly rejected defence plea [Para 6]

Decision: Appeal dismissed – Conviction under Sections 302, 307, 324, 148, 452, and 323 read with Section 149 IPC upheld – Evidence of injured and eyewitnesses credible – Recovery of weapon and forensic evidence supports conviction – No merit in appeal [Para 7]

Criminal Law – Rape – Sentencing – Section 376(1) IPC – Minimum sentence prescribed is 7 years unless Court records “adequate and special reasons” – High Court reduced sentence to 5 years without assigning any reasons – Held impermissible – Sentence below statutory minimum cannot be awarded absent cogent reasons [Paras 5-6, 21-23].

Sentencing – Principles – Rape is a heinous offence violating dignity of woman – Court emphasized proportionality, deterrence, and societal impact of crimes against women – Leniency without justification undermines public confidence in justice system – Adequate punishment must reflect conscience of society and respond to its cry for justice [Paras 9-20].

Judicial Duty – Adequate and special reasons – Requirement cumulative – Trial and appellate courts equally bound – Mere lapse of time or sympathy not sufficient – Reduction of sentence without such reasons renders judgment unsustainable [Paras 21-23].

Decision: Appeal allowed – High Court order reducing sentence set aside – Respondent directed to serve minimum sentence of 7 years’ RI under Section 376 IPC – Convictions under Sections 323 and 341 IPC unaffected [Paras 24-25].