Land Acquisition - Karnataka LA Act—Section 18 Scheme—Article 137 Limitation—Section 5 Inapplicable—Power of Deputy Commissioner to Refer Ceases—Claimant’s Remedy Extinguished – Karnataka’s Section 18 enlarges time to seek reference (90 days from Section 12(2) notice) and mandates Deputy Commissioner to refer within 90 days; on his failure, claimant must move the reference court under Section 18(3)(b) within three years from expiry of that 90-day period (Article 137) – Held: If not so moved, the claimant’s remedy to compel reference is barred and the Deputy Commissioner’s power to refer also ceases; belated references are incompetent; Section 5 of the Limitation Act is not available either at the Section 18(1) stage or for Section 18(3)(b) applications – Consequence: right to seek enhancement under Section 18 becomes unenforceable; Section 28A remains open [Paras 2-8, 9, 14-16, 21-23].

Condonation of Delay—Section 5 Limitation Act—No Application to LA Proceedings – Section 5 does not apply to proceedings before the Collector/Deputy Commissioner and, in Karnataka’s scheme, cannot be invoked before the reference court for a time-barred Section 18(3)(b) application since the remedy itself stands extinguished; a time-barred claim cannot be revived via Section 5 [Paras 9, 21-22].

Deputy Commissioner’s Power Post-Limitation—No Revival – Once three years + 90 days elapse from a timely Section 18(1) application, the Deputy Commissioner cannot revive the unenforceable claim by making a reference “at his sweet-will”; references made thereafter are incompetent and liable to be rejected [Paras 10-11, 15-16, 23].

“Shall” vs “Directory”—Irrelevant to Outcome – Whether Section 18(3)(a) is mandatory or directory is not determinative; scheme read harmoniously with Section 18(3)(b) creates a repose: claimant must enforce within limitation; failure ends both the remedy and Deputy Commissioner’s power to refer [Paras 12-14, 18-19].

Writ Remedy/Laches—Central vs Karnataka Scheme Distinguished – Under the Central Act, mandamus may lie (subject to laches per Bhailal Bhai); Karnataka amendment creates a specific statutory route/time-bar under Section 18(3)—the claimant must pursue that route within limitation; non-communication by Deputy Commissioner does not extend time [Paras 6-7, 12, 19].

Appellate/Procedural Points—District Court Appeals Not Contemplated – Appeals to the District Court against orders on Section 18(3)(b) are not provided by Section 54; remand orders entertaining Section 5 applications were unsustainable; High Court’s contrary view (Full Bench majority in Hanamappa) overruled; earlier view in Gurappa Channabasappa Paramaj approved [Paras 1(CA 4459/1999), 10-11, 23].

Decision – Appeals allowed – High Court orders set aside – Applications under Section 18(3)(b) dismissed as time-barred – Any references made beyond three years + 90 days held incompetent – No costs [Para 23].

Service Law - Departmental Action – Removal from Service – Section 11(1) CRPF Act, 1949 and Rule 27 CRPF Rules, 1955 – Validity of Punishment – The respondent, a CRPF constable, overstayed sanctioned leave by 315 days without justification – He was removed from service after departmental enquiry – The High Court held that removal was without jurisdiction as Section 10(m) contemplated only minor punishments – Held: Section 11(1) empowers authorities to impose dismissal/removal "in lieu of or in addition to" enumerated punishments – Rule 27 explicitly authorizes removal by Commandant – Therefore, the order of removal was valid and within jurisdiction [Paras 2-7].

Removal vs. Dismissal – Distinction – Legal Consequence – Removal and dismissal both terminate service – Dismissal carries disqualification for future employment, while removal does not – For purposes of CRPF Act, both are permissible punishments under Section 11(1) and Rule 27 – Hence, removal cannot be treated as a punishment beyond jurisdiction [Para 7].

Disciplined Forces – Unauthorized Absence – Stern Approach – Judicial Precedent – Overstay of leave for more than 300 days without cause amounts to grave indiscipline – Supreme Court relied on earlier rulings in Ashok Kumar Singh and Mithilesh Singh holding that indiscipline in armed/police forces warrants stern punishment – No mitigating circumstances shown – Punishment not disproportionate – High Court erred in interference [Para 8].

Decision – Appeal Allowed – Order of High Court set aside – Removal from service of respondent upheld – No order as to costs [Paras 8-9].

Service Law - BSF – Termination on misconduct – Rule 20 BSF Rules – Scope of “as the case may be” – Both Central Government and Director General competent at the satisfaction stage – High Court erred in holding only Central Government could be “satisfied” under Rule 20(2) – Scheme: DG/CG, as the case may be, records satisfaction of inexpediency/impracticability and undesirability of retention – DG then issues notice with materials, considers reply, and makes recommendation under Rule 20(4); final order under Rule 20(5) by Central Government – Interpretation rendering DG’s role otiose rejected [Paras 9–11].

Administrative Law – Application of mind – Central Government decision – File shows independent consideration beyond Desk Officer’s note – Home Minister and authorities recorded views; plea of non-application of mind rejected [Para 12].

Mala fides – High threshold – Allegations not established – Courts slow to infer improper motive absent clear proof – Plea not pressed before High Court and unsustainable on record [Para 13].

Writs/Service Law – Other grounds – Res judicata plea, opportunity before Court of Inquiry, impracticability to hold Security Force Court trial, absence of malice, and Rules of Business contentions – Single Judge’s conclusions upholding action sustained; Division Bench’s contrary view on Rule 20 set aside [Paras 5, 7, 10–11, 15].

Decision – Union of India’s appeal allowed – Division Bench judgment set aside – Delinquent officer’s appeal dismissed – Parties to bear their own costs [Paras 14–15].

Prevention of Corruption Act – Sanction – Cognizance without valid sanction is a nullity – Fresh trial maintainable – Trials conducted without a valid sanction under Section 19 PC Act are without jurisdiction; an order of “acquittal/discharge” in such proceedings is a nullity and does not attract the bar under Section 300(1) CrPC – A proper sanction being sine qua non, a fresh charge-sheet and trial after obtaining valid sanction are permissible – High Court erred in holding that the trial court, even after finding sanction invalid, must record conviction or acquittal [Authorities: Baij Nath Prasad Tripathi; Mohammad Safi; Privy Council in Yusofalli Mulla Noorbhoy; B. Saha; K. Kalimuthu].

Section 300 CrPC (Double Jeopardy) – Essential conditions – For the bar to apply, the earlier trial must be by a court of competent jurisdiction and culminate in a conviction/acquittal in force – Where sanction is invalid, the court lacks competence to try the offence; hence Section 300 does not bar a subsequent properly sanctioned trial – Distinction drawn from cases of mere procedural irregularity where the court is otherwise competent (State of M.P. v. Bhooraji; Section 465 CrPC).

Stage to Examine Sanction – Though ordinarily at cognizance, invalid sanction may be noticed and acted upon even at a later stage or for the first time in appeal – If discovered invalid, the proper course is not an acquittal on merits but recognition of nullity and liberty to proceed afresh after valid sanction (Birendra K. Singh; B. Saha; K. Kalimuthu).

Section 482 CrPC – Quashment improper – High Court’s quashing of the second prosecution on the premise of Section 300 bar was unsustainable; similarly, its view that the trial court could not “discharge” after full trial upon finding sanction bad is incorrect in law – Proceedings can commence afresh upon valid sanction.

Speedy Trial – Article 21 – While permitting fresh prosecution, courts must ensure expedition – Directions issued to conclude trial preferably within six months; liberty to accused to approach High Court if not concluded within time (Mahendra Lal Das; P. Ramachandra Rao).

Decision – Appeals allowed – High Court orders set aside – Fresh prosecutions on the basis of valid sanction permitted and to proceed – Trial courts directed to dispose of the matters expeditiously, preferably within six months; accused to cooperate; liberty reserved to seek appropriate relief if timeline not met.

Civil Lawv – Suit for possession and injunction by daughters/reversioners against donee under a 1955 gift by a widow with limited estate— Possession by Daughters/Reversioners – Evidence Act Sections 107 & 108 – Limitation Act, 1963 Articles 64 & 65 – Punjab Custom (Power to Contest) Act, 1920 – Appeal Dismissed – Widow Indira Devi had only a life interest; 1958 declaratory decree protected reversionary rights; upon her death, succession reopened in favour of daughters – Section 108 permits presumption of death after 7 years unheard but not the date of death; both sides failed to prove an exact date – Suit was based on title; under Article 65 burden shifted to defendant to plead and prove adverse possession; no such plea was taken; hence limitation did not defeat the suit – Entry 2(b) of Punjab Limitation (Customs) Act inapplicable as the claim was not to set aside alienation under custom but to recover on title post-succession – Appeal dismissed; decree for possession/injunction affirmed.

Presumption of death – Scope – Section 108, Evidence Act – No presumption as to date of death – Only a presumption that the person is dead when the question arises after 7 years unheard – Court cannot presume that death occurred exactly 7 years before suit or on disappearance; specific date requires evidence – Followed: L.I.C. of India v. Anuradha – Applied to Indira Devi; precise date immaterial to decision here.

Limitation – Articles 64 & 65 (1963) vs. Articles 142 & 144 (1908) – Burden of proof – Under the 1963 Act, a plaintiff suing on title need not prove possession within 12 years before suit; burden lies on defendant to establish when his possession became adverse – Defendant neither pleaded nor proved adverse possession; admitted absence of animus possidendi – Suit within time; plaintiff’s title prevails – Relied on: Vasantiben Prahladji Nayak; Md. Mohammad Ali; Karnataka Board of Wakf.

Customary law – Reversionary declaratory decree – Effect – Punjab Custom (Power to Contest) Act, 1920 – A declaratory decree by competent reversioners removes the obstacle to succession and enures for ultimate heirs; does not render alienation a nullity but restores property to alienor’s estate on his/her death – Respondent-daughters had a better independent title on succession opening; not necessary to re-assert reversionary rights in the present suit – Followed: Giasi Ram v. Ramjilal; distinguished Shakuntla Devi on binding nature vis-à-vis actual owners.

Punjab Limitation (Customs) Act, 1920 – Entry 2(b) – Inapplicable – Suit not one to contest alienation under custom within 3 years; title had already been declared subject to life interest and succession; present action is for possession on title post-death – Hence general Article 65 governs.

Adverse possession – Animus possidendi essential – A party defeating the true owner must clearly plead date, nature, openness and continuity of possession hostile to title; absent specific plea and proof, no perfection of title – Defendant’s stance that possession was not adverse negates requisite animus – No equities favour a person claiming adverse possession – Appeal fails – Relied on: Karnataka Board of Wakf.

Decision – Appeal dismissed – Plaintiffs (daughters) entitled to possession/injunction on title; precise date of Indira Devi’s death not proved but unnecessary; limitation no bar in absence of pleaded/proved adverse possession; no costs

Civil Writ - PIL - Service — Appointment to Key/Sensitive Post — Transparency and Propriety — Article 32 — Challenge to appointment of officer facing CBI charge-sheets and Commission inquiry as Chief Secretary — Held: Chief Secretary is a key post — the State should have awaited Commission report and avoided controversy — justice must appear to be done — State directed to transfer Respondent No. 3 to another post in same cadre/grade within 7 days — suitability to cadre/grade to be examined in W.P. No. 150/1997 — no opinion on merits [Paras 16–20].

Criminal Law — Sanction under Section 197 CrPC — Scope — Protection is to shield responsible public servants from vexatious prosecutions only for acts reasonably connected with discharge of official duty and not a cloak for objectionable acts — test is reasonable nexus between act and official duty — concept does not get immediately attracted on institution of complaint — parameters reiterated [Paras 8–12].

Judicial Management — Expeditious Proceedings — Allahabad High Court requested to dispose of Criminal Revision No. 2284 of 2004 within 3 months from receipt of order — counsel to intimate High Court [Paras 13–14].

Disciplinary Proceedings — Commission Inquiry Pending — Issues on legality of dropping departmental proceedings being examined by Justice K.T. Thomas Commission — Court refrains from comments — transparency in postings emphasized [Paras 3, 15, 20].

Maintainability — PIL/Quo Warranto — Court not delving into maintainability in view of background as offshoot of earlier petition — issue left open [Para 19].

Decision — Writ allowed in part — Direction to transfer Respondent No. 3 from post of Chief Secretary to another post in same cadre/grade within 7 days — no opinion on merits of allegations; Commission/High Court to proceed — I.A. No. 1 disposed [Paras 20–21].

Criminal Law - Preventive Detention – Pre-execution challenge – Alka Subhash Gadia exceptions – Articles 226/32; COFEPOSA Sections 3 & 7 – Appellant sought quashing of detention order before execution citing delay and inaction, alleging order passed for a wrong purpose – Held: At pre-arrest stage, interference lies only in the five limited situations in Alka Subhash Gadia; those exceptions are exhaustive as reaffirmed in Sayed Taher Bawamiya – Case does not fall within any exception; writ not maintainable at pre-execution stage [Paras 9-13].

Delay in Passing/Executing Detention Order – Effect at Pre-arrest Stage – Mere delay in issuing or executing detention order is not a ground for quashment at pre-execution stage unless it fits an Alka exception – Such delay can be examined post-arrest when live link and proximate purpose are assessed; pre-arrest interference on this ground is impermissible [Paras 5, 8, 12].

Preventive Detention – Nature and Objective – Court reiterates that detention is preventive, not punitive; authorities must act vigilantly to secure detenue; unexplained inordinate delay may snap the live link, but that issue can be raised after arrest; observations on delay here are prima facie and not conclusive [Paras 8, 5].

“Wrong Purpose” Plea – Rejected – On facts, order aimed to prevent smuggling/abetment; allegations of collateral or wrong purpose not made out to fit within the third Alka exception; High Court rightly declined interference at pre-execution stage [Para 13].

Decision – Appeal dismissed – High Court’s refusal to quash detention at pre-execution stage affirmed – Parties left to remedies available after arrest; scope of pre-execution interference confined to the five Alka exceptions [Para 14].

Criminal Law – Murder by Conspiracy – Sections 302/120B/34 IPC – Arms Act Section 27 – Evidence Act Sections 10 & 30 – Confession under Section 164 CrPC – Mixed Result – Conspiracy to kill a student proved through voluntary judicial confession of shooter (Arnit Das) corroborated by medical and independent evidence – Sidharth’s role as conspirator/abettor established and conviction sustained with aid of Section 114 IPC – Rohan Prakash’s conduct suspicious but lacking independent corroboration and thus entitled to benefit of doubt – Held: Convictions of Sidharth and Arnit Das upheld; Rohan Prakash acquitted [Paras 1-5, 14, 20-25, 27].

Confession under Section 164 CrPC – Voluntariness, Retraction and Corroboration – Confession Upheld – Magistrate complied with Section 164 safeguards including caution and time for reflection – Two hours’ reflection not per se inadequate and no proof of police coercion – Retraction not fatal where confession is detailed, coherent and amply corroborated by post-mortem, recoveries and PW-8’s extra-judicial confession – Held: Judicial confession voluntary and reliable [Paras 10-15].

Co-accused Confession – Sections 10 & 30 Evidence Act – Limited Use – Statements made after the conspiracy had ended not admissible under Section 10 – Confession of co-accused is not substantive evidence and cannot be sole basis for conviction – May be used only to lend assurance to otherwise acceptable evidence – Principles reaffirmed from Kashmira Singh and Hari Charan Kurmi [Paras 16-19].

Conspiracy, Abetment and Presence – Sections 120B, 114 IPC – Conviction Sustained – Independent evidence (PW-6 eye account of presence and flight; PW-18 corroboration) placed Sidharth at scene and proved arrangements to execute the plan – His presence when the offence was committed attracts Section 114 deeming provision – Confessional narrative of Arnit Das further corroborates Sidharth’s role – Held: Conviction under Sections 302/120B/34 IPC affirmed [Paras 20-22, 25].

Benefit of Doubt – Co-accused Without Independent Corroboration – Acquittal – Rohan Prakash’s suspicious conduct and misleading FIR insufficient absent reliable independent evidence of participation in conspiracy – Co-accused confession cannot supply the deficiency – Held: Acquittal on benefit of doubt [Para 23, 27].

Juvenile Justice – Age Determination – JJ Act 1986 & 2000 – No Relief – Findings by Juvenile Court, Sessions Court, High Court and Supreme Court (in prior SLP/review) concluded that Arnit Das was above 16 years on date of occurrence – He could not invoke JJ Act 2000 to claim juvenility – Held: Plea rejected [Paras 6-8].

CrPC Section 172 – Case Diary – Confidentiality Emphasised – Accused not entitled to entire case diary – It may be used by court only as an aid and by IO to refresh memory; misuse may prejudice investigation and witness safety – Trial court cautioned for allowing full access and expansive cross-examination on diary contents [Para 26].

Decision – Appeals Partly Allowed – Criminal Appeal No. 736/2003 (Rohan Prakash) allowed – he be released if not required in any other case – Criminal Appeal Nos. 688/2003 (Sidharth) and 689/2003 (Arnit Das) dismissed – Convictions and sentences of Sidharth and Arnit Das affirmed [Paras 24-27].

Criminal Law - Mass Murder – Conviction under Section 302 IPC – Death Sentence Upheld – Appellant convicted for murdering 13 close family members including children, along with co-accused Lakha Singh – Motive traced to alleged illicit relationship between appellant’s wife and co-accused – Trial court awarded death sentence – High Court confirmed the same by majority judgment after a split view – Supreme Court upheld conviction based on consistent eyewitness accounts and corroborating medical evidence – Held: Crime was heinous, cold-blooded, and deliberate – No mitigating circumstance warranted interference with death penalty [Paras 1-7].

Eyewitness Testimony – Related Witnesses and Child Witnesses – Testimony Accepted – Challenge to credibility of P.W.1 (13-year-old girl), P.W.2 (14-year-old boy), and P.W.3 (brother of appellant) on ground of relationship and timing of incident rejected – Held: Witnesses were natural inhabitants of house and their presence at the scene was expected – Moonlit night and familiarity with accused ensured clear identification – No contradictions in their statements – Medical evidence corroborated use of swords and nature of fatal injuries [Paras 5-7].

Delay in Execution – Not a Ground for Commutation – Article 21 – Appellant sought commutation of death sentence citing delay since 1996 – Held: As per Triveniben v. State of Gujarat, only post-final judgment delay attributable to executive action can be considered – In this case, delay occurred prior to final judicial determination and due to administrative lapses in High Court – Therefore, not a valid ground to invoke Article 21 for commutation [Paras 8-12].

Death Penalty – Rare and Exceptional Circumstance – Justified – Appellant’s conduct showed complete disregard for human life – Victims included children and elderly – Act committed during sleep hours and without provocation – Held: This was among the rarest of rare cases – Death sentence justified and proportionate to the gravity of the offence [Paras 1, 7-8].

Final Decision – Appeal Dismissed – Death Sentence Confirmed – Supreme Court found no merit in the appeal – Delay in execution insufficient for commuting sentence – Conviction and death penalty affirmed – Appeal dismissed [Paras 7, 12].