Fixation of Fair Rent – Market Value – Rent Controller and Appellate Authority fixed the fair rent for properties considering the market value of land at Rs. 65 lakhs per ground based on the classification report and other evidence – Concurrent findings on 'classification of building,' 'plinth area,' 'construction charges,' and 'basic amenities' upheld – Appeal allowed in part for re-evaluation of the market value of land considering prior determination for adjacent property [Paras 8-17].

Legal Consistency – Adjacent Property – Fair rent for adjacent property fixed at Rs. 25 lakhs per ground should be considered in current case despite pending appeal – Market value determination in adjacent property is relevant and should not be ignored by appellate authority [Paras 15-16].

Article 227 – High Court's Interference – High Court should have intervened under Article 227 to ensure consistent application of market value determination – Failure to consider adjacent property’s market value a ground for remand [Paras 15-16].

Decision: Appeals allowed in part – Remitted to Appellate Authority to re-determine market value of land considering evidence and adjacent property valuation – Other findings on classification, depreciation, plinth area, construction charges, and basic amenities upheld – No order as to costs​​.

Representing Advocates:

Siddharth Bhatnagar, Pratik Jalan, Pavan Kr. Bansal, and T. Mahipal for the Appellant

K. Ramamurthi, P.B. Balaji, and A.T.M. Sampath for the Respondent

Land Acquisition – Compensation Assessment – Petitioner’s claim for enhanced compensation for acquired land was based on comparable sale deeds, but the claim was not substantiated with sufficient evidence – The application for redetermination of compensation under Section 28A was entertained despite petitioner’s failure to initially file a reference under Section 18 – Supreme Court dismissed the petition, finding no grounds to interfere with the lower courts' decisions which had adequately compensated the petitioner based on existing evidence [Paras 1-18].

Procedure under Section 28-A of the Land Acquisition Act – Special provision intended to benefit the poor and inarticulate individuals who failed to seek reference under Section 18 – Petitioner, owning significant land, did not fall within this intended beneficiary class – No legal basis for further enhancement of compensation as sought by petitioner [Paras 5-6].

Claim of Substantial Justice vs. Technicalities – Supreme Court emphasized the need to balance technicalities and substantial justice – Found that the petitioner’s delayed appeals and failure to specify enhanced compensation demands indicated a lack of diligence rather than a mere technical shortfall [Paras 3, 12-17].

Decision:

Special Leave Petition dismissed – Supreme Court upheld lower court’s decisions on compensation – No further enhancement granted [Para 18].

Regulatory Fee – Validity and Reasonableness – The appellant challenged the enhanced license fees under the Delhi Race Course Licensing (Amendment) Rules 2001, contending excessive delegation of power and lack of quid pro quo – The Supreme Court upheld the fee as regulatory, not requiring strict quid pro quo, emphasizing the broad correlation between the fee and regulatory purpose [Paras 1-30].

Delegation of Legislative Power – The Court reiterated the principle that delegation of non-essential legislative functions is permissible provided there is sufficient legislative policy or guidance – Found the Mysore Race Courses Licensing Act 1952 and the Delhi Race Course Licensing Rules 1985 contained adequate guidelines for fee fixation [Paras 8-28].

Nature of the Impost – The Court differentiated between a fee and a tax, holding that the license fee in question was regulatory, aimed at controlling and supervising horse-racing activities, thus not requiring specific services in return but needing to be reasonable and not excessive [Paras 18-27].

Constitutional Challenge – The appellant’s late challenge to the constitutionality of Section 11(2) of the Mysore Race Courses Licensing Act 1952 was dismissed due to the unreasonable delay and the lack of substantial change in circumstances other than inflation-based fee revision [Paras 29-30].

Decision – Appeal dismissed – The Supreme Court affirmed the High Court's decision upholding the validity of the enhanced license fees and the underlying legislative provisions, imposing costs on the appellant [Para 30].

Criminal Law – Murder Conviction – Appellants convicted for the murder of Archideb Bhattacharjee – Trial court sentenced all accused to death, later commuted to life imprisonment by the High Court – Supreme Court examined reliability of witness testimonies, evidence of motive, and procedural propriety [Paras 1-12].

Eyewitness Testimonies – Reliability – Court scrutinized testimonies of witnesses who saw the deceased last with the accused and those who witnessed the disposal of the body – Witnesses’ statements were found credible despite some delays in recording and minor inconsistencies [Paras 13-24, 32-35].

Circumstantial Evidence – Chain of Events – Court emphasized the importance of a complete chain of circumstantial evidence in cases where direct evidence is lacking – Established that the prosecution proved a complete chain linking the accused to the crime [Paras 25-31, 36-38].

Motive – Demand for Money – Prosecution established that the motive for the crime was the accused’s demand for money from the deceased, which was not met – Witnesses corroborated this motive, establishing a clear reason for the murder [Paras 15-16, 39-40].

Absconding – Adverse Inference – Court noted that the accused absconded immediately after the incident – Absconding was considered a significant factor corroborating the guilt of the accused [Paras 41-44].

Last Seen Theory – Application – Court applied the 'last seen theory' due to the proximity of time between when the deceased was last seen with the accused and the discovery of his body – Held that the accused failed to explain the circumstances leading to the death of the deceased [Paras 42-44, 50-53].

Decision – Appeals dismissed – Supreme Court upheld the convictions and sentences as awarded by the High Court, finding no merit in the appeals and reinforcing the adequacy of the prosecution’s case [Paras 54-55].

Preventive Detention – Pre-Execution Challenge – Supreme Court examined the legality of challenging preventive detention orders at the pre-execution stage – Held that grounds for such challenges are not limited to the five exceptions set out in Alka Subhash Gadia's case (1992) 1 SCC 496 – Judicial review under Articles 226 and 32 is part of the basic structure of the Constitution and cannot be restricted by judicial pronouncement [Paras 1-12, 24-29].

Right to Information Act – Applicability – Detenus not entitled to grounds of detention at the pre-execution stage under the Right to Information Act 2005 – Constitutional provisions under Article 22(5) prevail over statutory rights under the RTI Act – Disclosure of grounds only after actual detention [Paras 20-23].

Judicial Review – Scope and Limits – Court emphasized the untrammeled nature of judicial review powers under Articles 226 and 32 – Self-imposed restraints by courts do not limit their powers but are exercised to prevent abuse – Judicial review extends to examining all relevant aspects beyond the five exceptions in Alka Subhash Gadia's case [Paras 24-29].

Grounds for Detention – Disclosure Requirements – Under Article 22(5), grounds for detention are to be communicated to the detenu as soon as possible after detention – Right to receive grounds prior to detention under RTI Act not supported [Paras 20-23].

Decision – The Court did not find merit in the argument for extending RTI provisions to pre-execution challenges – Affirmed that judicial review can extend to additional grounds beyond those enumerated in Alka Subhash Gadia's case – Ordered listing of the petitions for final hearing and disposal on a specified date [Paras 30].

Civil Law – Eviction and Tenancy Rights – Petitioner claimed tenancy rights over the property mortgaged to Indian Bank and contested the eviction order – Supreme Court examined the legality of eviction without adjudicating tenancy rights – Court held that recovery proceedings under the Recovery of Debts Due to Banks and Financial Institutions Act 1993, including eviction, must follow due process of law [Paras 21-27].

Recovery of Debts – Jurisdiction – Tribunal's jurisdiction over eviction disputes – Petitioner contended Debts Recovery Tribunal lacked jurisdiction to evict non-debtors – Supreme Court held that tribunals can evict persons under possession if mortgagee rights are established, but disputes over tenancy need adjudication in civil courts [Paras 27-30].

Abuse of Process – Delayed Suits – Petitioner had previously filed and allowed dismissal of a suit claiming tenancy rights and later filed a fresh suit after a significant delay – Court found this conduct as an abuse of legal process and barred fresh suits under Order XXIII Rule 1(4) CPC [Paras 38-44].

Mortgage and Tenancy – Validity of Claims – Mortgage created prior to the petitioner’s possession – Supreme Court found petitioner’s tenancy claims dubious and emphasized legal procedures to ascertain possession rights – Directed eviction could proceed under statutory recovery process while allowing petitioner to pursue restitution claims in appropriate forums [Paras 37-40].

Decision – Appeal dismissed – Supreme Court upheld the eviction orders by lower courts and tribunals, allowing Indian Bank to proceed with recovery and sale of the property – Petitioner's right to seek restitution subject to outcomes in civil suits was preserved [Paras 41-42].

Criminal Law – Murder Conviction – Appellant convicted under Section 302 read with Section 34 IPC for the murder of Ishwari Verma – Supreme Court upheld conviction based on the credibility of the dying declaration, corroborative witness statements, and recovery of the weapon used in the crime [Paras 1-12].

Dying Declaration – Reliability – Court found the dying declaration made to PW14 credible, reliable, and consistent with the sequence of events – Dying declaration was supported by other evidence including medical reports and witness testimonies [Paras 10-11].

Injuries on Accused – Explanation Requirement – Appellant claimed self-defence due to injuries inflicted by the deceased – Prosecution's failure to explain injuries on the accused did not negate the credibility of the evidence against the accused – Court found the injuries could be self-inflicted or incurred in another manner [Paras 13-16].

Self-Defence – Rejected Claim – Appellant’s claim of self-defence was rejected based on the nature of injuries on the deceased and the improbability of the accused’s version of events – Appellant's explanation found implausible and contradictory [Paras 14-16].

Hostile Witness – FIR and Corroboration – Court held that turning of PW1 hostile did not undermine the FIR's relevancy, corroborated by other substantial evidence – Hostile witness did not discredit the prosecution's case [Paras 9-10].

Decision – Appeal dismissed – Supreme Court confirmed the conviction and life sentence awarded by the High Court, finding no merit in the appellant’s arguments and upholding the reliability of the prosecution’s evidence [Paras 17].

Interest on Delayed Payments – Applicability – Supreme Court examined whether the Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertakings Act 1993 applies to contracts concluded before the Act came into force – Held that the Act is a substantive law creating new liabilities and therefore does not have retrospective effect – The Act applies only to contracts entered into after the Act's commencement on 23rd September 1992 [Paras 1-6, 22-40].

Suit for Interest Alone – Maintainability – Court upheld the view that a suit for interest alone is maintainable under the Act – Suppliers can file suits for higher interest on delayed payments even if the principal amount has been paid, in line with the Full Bench decision of the Gauhati High Court and subsequent affirmation by the Supreme Court [Paras 10-12].

Statutory Interpretation – Retrospective vs. Prospective Application – Reaffirmed the principle that substantive laws are presumed to operate prospectively unless expressly stated otherwise – Discussed the scope, object, and remedial intent of the Act to conclude that it cannot be applied retrospectively to contracts concluded before its enactment [Paras 22-27, 30-31].

Binding Precedent – Doctrine of Stare Decisis – Emphasized the importance of adhering to precedent, particularly when four decisions of the Apex Court have consistently interpreted the applicability of the Act – Rejected the plea to reconsider the settled position to maintain judicial consistency and certainty [Paras 41-50].

Decision – Appeals dismissed – Supreme Court confirmed that the Act does not apply retrospectively to contracts concluded before its commencement, and upheld the validity of suits for interest alone on delayed payments post-commencement [Paras 51].

Admissions – Rule of Merit – The Supreme Court emphasized strict adherence to the rule of merit for admissions to medical courses – Held that merit, fairness, and transparency are crucial in the selection process and should not be compromised by procedural lapses or arbitrary actions by authorities [Paras 1-6, 22].

Cut-off Date – Exceptions – The cut-off date for admissions (30th September) must be observed strictly – However, exceptions may be made in rare and exceptional cases where arbitrary actions or errors by authorities have denied admission to a meritorious candidate – Relief can be granted by courts in such cases [Paras 6, 26, 31-32].

Counseling Process – Transparency and Record-Keeping – The Court directed that the counseling process must be conducted with utmost transparency – Records of counseling must include clear documentation of the presence, choices, and allocation of seats to candidates, signed by both the candidate and the authorities [Paras 28-29, 38].

Judicial Review – Relief and Compensation – Courts can grant relief and compensation to candidates who have been denied admission due to arbitrary or faulty processes – Authorities may also face disciplinary action and contempt proceedings for non-compliance with established procedures and judicial directions [Paras 26, 33, 36-38].

Decision – The appeal was allowed, directing Pt. B.D. Sharma University to admit the appellant to the MBBS course in the current academic year – The appellant must start the course from the beginning without any advantage from her BDS course – The University was directed to ensure no disturbance to other candidates’ admissions [Para 39].