Specific Relief – Suit for Specific Performance – Plaintiff’s Entitlement to Alternative Reliefs – The plaintiff, in a suit for specific performance, can seek alternative reliefs, including the refund of earnest money, provided such relief is specifically claimed in the plaint. The Court has discretion to permit amendment of the plaint at any stage to include such relief. Failure to specifically claim refund at the time of filing or through amendment precludes the grant of such relief [Paras 31].

Contract Law – Breach and Compensation – Section 74 of Contract Act – The forfeiture of earnest money stipulated in a contract is valid if it is a genuine pre-estimate of loss. The burden to prove that the pre-estimated amount is 'penal' lies on the party seeking refund. In absence of proof, the forfeiture stands as reasonable compensation for breach [Paras 35-36].

Evidence and Procedural Aspects – Onus of Proof – The court emphasizes the responsibility of parties to provide evidence supporting their claims. The respondent failed to provide evidence showing steps taken to obtain the necessary NOC under the HUDA Act, thus not substantiating the claim of non-cooperation by the appellants [Paras 26-28].

Decision: Appeal allowed – Suit dismissed – Forfeiture of earnest money by the appellants justified as per Section 74 of the Contract Act. The respondent did not claim the refund of earnest money in the original or amended plaint, hence not entitled to such relief. No order as to costs [Paras 37-39].

Industrial Law – Back Wages – Section 33-C(2) of ID Act – The Supreme Court held that the appellant is entitled to full wages from the date of the reinstatement order by the CGIT (18.07.2007) to the date of actual reinstatement (23.09.2013) – The period during which the reinstatement order was stayed cannot be used to deny back wages – The interim order merges with the final order, and the appellant's reinstatement was ultimately confirmed [Paras 7-7.4].

Judicial Procedure – Interim Orders – The interim stay on reinstatement during the pendency of proceedings does not affect the employee's entitlement to back wages once the reinstatement order is confirmed – The principle of merger implies that the final decision retroactively validates the interim period [Para 7.2].

Wages During Stay – Section 17B of ID Act – Wages paid under Section 17B during the stay of the reinstatement order should be deducted from the back wages due to the appellant – The appellant is entitled to back wages less any amount already received under Section 17B [Para 7.3].

Decision: High Court judgment quashed and set aside – CGIT order reinstated – Appellant entitled to full wages from 18.07.2007 to 23.09.2013 after adjusting amounts paid under Section 17B – Appeal allowed with no costs [Paras 8].

Service Law – Selection and Waiting List – Rule 15 of 1978 Rules – No vested right of the unsuccessful candidate to insist upon consideration in the absence of a rule requiring the preparation of a waiting list – The Supreme Court held that Rule 15 of the 1978 Rules, which provides for an extended list of candidates, does not confer any vested right to a waiting list – The 2015 Rules, applicable at the time of recruitment, do not provide for a waiting list – The 2016 amendment to the 1978 Rules was clarificatory and does not imply the continuation of a waiting list [Paras 20-27].

Judicial Interpretation – Conflicting Rules – The later general rules (2015 Rules) prevail over the earlier special rules (1978 Rules) when the two are inconsistent – The 2015 Rules governed the recruitment process under the authority of the 2014 Act, superseding the 1978 Rules in terms of selection procedure and authority [Para 26].

Judicial Review – Principle of Estoppel – Candidates who participated in the selection process under the 2015 Rules cannot later challenge the process after being unsuccessful – The principle of estoppel prevents candidates from contesting the rules of a process they accepted and participated in [Paras 21-22].

Decision: High Court judgments set aside – Order of learned Single Judge restored – Appeals allowed – No costs [Para 34].

Land Acquisition – Reference to Court – Limitation – Section 18 of the Act, 1894 – The Supreme Court held that the limitation for making a reference under Section 18 of the Act, 1894, cannot be extended, and Section 5 of the Limitation Act does not apply – However, when the original landowners challenged the acquisition proceedings, which concluded with the dismissal of a special leave petition, and subsequently filed a reference within six months from the date of dismissal, the reference should not be dismissed as time-barred [Paras 7-9].

Judicial Procedure – Liberty to Pursue Remedy – The High Court had reserved liberty for the appellants to pursue remedies for enhancement of compensation while dismissing the writ petition – The appellants filed the reference within the stipulated time after the Supreme Court dismissed their special leave petition – The Reference Court should have considered the reference on merits [Para 7].

Remand for Fresh Consideration – The matter was remitted to the Reference Court to decide the reference on merits – The Reference Court directed to dispose of the reference within nine months from the date of receipt of the order [Para 10].

Decision: High Court and Reference Court judgments quashed – Matter remitted to Reference Court for fresh consideration on merits – Appeal allowed with no order as to costs [Paras 10-11].

Criminal Procedure – Stage of Discharge – Applicability of Section 300 CrPC – The Supreme Court held that the stage of discharge under Section 227 CrPC is prior to the framing of charges under Section 228 CrPC – At this stage, the court can consider the application under Section 300 CrPC – Once the discharge application is rejected, the court proceeds to framing of charges under Section 228 CrPC – The trial court erred by not considering the application under Section 300(1) CrPC at the discharge stage and directed to consider it at the framing of charges stage [Paras 7-8].

Judicial Procedure – Remand for Fresh Consideration – The matter was remitted to the trial court to consider the application under Section 300(1) CrPC along with the application for discharge under Section 227 CrPC – The trial court to decide the discharge application on merits before framing charges under Section 228 CrPC – The process to be completed within six weeks [Paras 10].

Decision: High Court judgment quashed and set aside – Matter remanded to trial court for fresh consideration – Appeal disposed of with directions for expedited proceedings [Para 11].

Land Acquisition – Lapse of Proceedings – Section 24(2) of Act, 2013 – Twin Conditions – The Supreme Court held that for land acquisition proceedings to be deemed lapsed under Section 24(2) of the Act, 2013, both conditions of not taking possession and not tendering/payment of compensation must be satisfied – If either condition is not met, the proceedings do not lapse – In this case, possession of the land was taken in 2003, thus the acquisition did not lapse despite the compensation being deposited later [Paras 3, 3.1, 3.2].

Judicial Precedent – Indore Development Authority v. Manoharlal – Supreme Court referred to the precedent set in Indore Development Authority v. Manoharlal (2020) which clarified the interpretation of Section 24(2) – The Court reiterated that the word ‘or’ in Section 24(2) should be read as ‘and’ meaning both conditions must fail for lapse to occur [Para 3.2].

Decision – High Court Judgment Set Aside – The Supreme Court quashed the High Court’s decision that declared the acquisition lapsed solely based on non-payment of compensation – The appeal by Lucknow Development Authority was allowed and the original writ petition was dismissed [Paras 4].

Decision: Appeal allowed – High Court judgment quashed – Original writ petition dismissed – No costs [Para 4].

Motor Accident – Enhancement of Compensation – Permanent Disability – The Supreme Court held that while awarding compensation in cases of permanent disability, courts must consider the socio-economic background of the claimants – The Appellant, coming from an economically weaker section, faced additional discrimination due to his disability – The Court emphasized the need for liberal compensation to restore the claimant to the position he was in before the disability – The Appellant was entitled to compensation considering the impact on his earning capacity, future prospects, and maintenance of prosthetic limbs [Paras 27-29].

Loss of Income – Functional Disability – The Appellant, having a 70% disability with an amputated right lower limb, had his functional disability wrongly assessed at 35% by the High Court – The Supreme Court corrected this to 60% considering the impact on his mobility and earning capacity as a self-employed scrap dealer [Paras 16].

Future Prospects – The Court applied a 40% addition for future prospects, in line with the principles established in Pranay Sethi's case – The High Court's reasoning that the Appellant’s income had increased after the disability was found incorrect [Paras 17-21].

Prosthetic Limb – Maintenance and Replacement – The compensation for prosthetic limbs and their maintenance was deemed inadequate – The Court awarded Rs. 780,000 for prosthetic limbs and an additional Rs. 500,000 for maintenance [Paras 22-23].

Non-Pecuniary Compensation – The Court increased compensation for pain and suffering, loss of amenities, and disability and disfigurement to Rs. 200,000 each [Paras 24-26].

Decision: Appeals allowed – Compensation enhanced to Rs. 3,870,120 with 9% interest per annum from the date of application – High Court judgment modified [Paras 30-32].

Land Acquisition – Lapse of Acquisition Proceedings – Section 24(2) of the 2013 Act – The Supreme Court held that a subsequent purchaser is not entitled to claim lapsing of acquisition proceedings under the 2013 Act – The High Court's decision declaring the acquisition proceedings lapsed due to non-payment of compensation was found unsustainable in light of the Constitution Bench decision in Indore Development Authority v. Manoharlal, which required both non-possession and non-payment of compensation for lapsing to occur [Paras 3-3.3].

Judicial Precedent – Indore Development Authority Case – The Supreme Court reaffirmed that for lapsing of acquisition under Section 24(2) of the 2013 Act, both conditions of not taking possession and not paying/tendering compensation must be satisfied – If possession is taken, the proceedings do not lapse even if compensation is not deposited in court [Para 3.3].

Subsequent Purchasers – No Locus to Claim Lapse – The Court ruled that subsequent purchasers do not have the locus to file writ petitions for claiming lapsing of acquisition proceedings under Section 24(2) of the 2013 Act – This view was consistent with previous judgments in Godfrey Philips (I) Ltd. & Ors. and Delhi Administration Thr. Secretary Land and Building Department & Ors. v. Pawan Kumar & Ors. [Para 3.1].

Decision: High Court judgment quashed – Appeal allowed – Original writ petition dismissed – Directions for compensation payment to recorded owner if claimed in accordance with law – No costs [Paras 4].

Succession Law – Right of Survivorship – Applicability to Scheduled Tribes – Section 2(2) of the Hindu Succession Act – The Supreme Court held that under Section 2(2) of the Hindu Succession Act, the Act is not applicable to members of Scheduled Tribes – Consequently, the female member of a Scheduled Tribe is excluded from claiming a right of survivorship under the provisions of the Act – The Court recognized the need for legislative amendment to ensure gender equality in inheritance rights for Scheduled Tribe women [Paras 6-7].

Judicial Interpretation – Role of the Legislature – The Court noted that while equity would support granting succession rights to female members of Scheduled Tribes, it is within the legislature's purview to amend the law – The Court urged the Central Government to consider amending the Hindu Succession Act to provide equal inheritance rights to female members of Scheduled Tribes [Para 6.1-7.2].

Previous Precedents – The Court discussed the minority view in Madhu Kishwar & Ors. v. State of Bihar & Ors. (1996) which suggested applying the general principles of the Hindu Succession Act to Scheduled Tribes – However, the majority view did not support this interpretation, reinforcing the exclusion under Section 2(2) [Para 6.4].

Decision: Appeal dismissed – High Court judgment upheld – Central Government directed to consider amending the Hindu Succession Act to ensure gender equality for Scheduled Tribe women in inheritance rights [Paras 7-7.2].