Constitutionality of Section 22A of the Registration Act, 1908 - Registration Act – Section 22A – Unconstitutional Amendment – Power Misused – The Rajasthan Amendment to Section 22A of the Registration Act authorized the State to declare by notification that registration of certain documents is opposed to public policy – Held: Such delegation of power is excessive, unguided and violates Articles 14 and 246 of the Constitution – Public policy is a judicial function and cannot be left to the subjective satisfaction of the executive through subordinate legislation – The provision and related notifications are unconstitutional and invalid [Paras 1–4, 12–14, 18–19].

Delegated Legislation – Executive Cannot Define ‘Public Policy’ – The phrase 'opposed to public policy' lacks definite legislative guidance – Held: Determination of public policy is a complex judicial task based on precedent and constitutional values – An executive notification cannot create new heads of public policy without legislative mandate – Legislative policy must be clearly laid down; otherwise, essential legislative function is unlawfully delegated [Paras 10–13, 15].

Powers of Attorney – Valid Execution and Registration – No Blanket Ban Permissible – Held: Execution of power of attorney is a legal and valid transaction under the Indian Contract Act and the Powers of Attorney Act – Unless it involves transfer of title or falls under mandatory registration under Section 17, refusal to register based on arbitrary executive instructions violates the right to property under Article 300A [Paras 8, 16–17].

Separation of Powers – Judicial Domain Infringed – Notifications Held Invalid – Held: The executive cannot assume the role of judiciary by declaring what is or is not opposed to public policy – This violates the doctrine of separation of powers – Essential functions of legislature or judiciary cannot be conferred on executive via vague statutory language [Paras 13–14, 18].

Final Judgment – Appeal Dismissed – Section 22A as amended by the Rajasthan Act and notifications issued thereunder declared unconstitutional – Sub-Registrar directed to register the power of attorney document – Held: Transactions not declared illegal by law cannot be made unregistrable by executive fiat – Appeal dismissed with no costs [Paras 3–4, 19].

Land Acquisition – Determination of Market Value – High Court Judgment Set Aside – High Court relied solely on DDA brochure and government circulars for fixing market value of acquired land while ignoring relevant sale deeds and judicial precedents – Held: Sale deeds, particularly relating to similar and adjacent lands, constitute best evidence for market value and cannot be discarded merely for lack of witness examination – High Court erred in ignoring admissible evidence under Section 51A of Land Acquisition Act – Matter remitted for fresh determination [Paras 12-15, 25].

Admissibility of Sale Deeds – Section 51A of the Land Acquisition Act – Certified copies of sale deeds Admissible Without Oral Evidence – Constitution Bench in Cement Corporation of India Ltd. v. Purya clarified that certified sale deeds may be accepted in evidence even without examination of vendor or vendee – Xerox copies admitted without objection cannot be later questioned – Held: High Court wrongly excluded valid evidence based on outdated interpretation [Paras 12-14].

Evidentiary Value – DDA Brochures and Circle Rates – Not Reliable for Market Value – High Court relied on DDA rates and government notified circle rates without examining their applicability – Held: Circle rates meant for stamp duty cannot be sole basis for compensation – Brochures cannot replace proven sale instances especially when DDA was not a party to the proceedings – Market value of developed leasehold plots cannot be directly applied to undeveloped freehold lands [Paras 15-20].

Comparable Sales – Relevance and Criteria – Sale Deeds of Acquired Lands Most Probative – Reiterated that sale deeds for portions of acquired land are most reliable indicators of market value – Factors such as land location, size, development status, and proximity must be considered – Small plot sales and unverified high-value transactions must be cautiously relied upon – High Court failed to apply these settled principles [Paras 21-22].

Judicial Precedent – Escalation Formula Not Automatically Applicable – Rejection of Uniform Annual Escalation Rate – Supreme Court declined to apply fixed 12% annual increase on earlier awards as market value varies with local conditions – Each acquisition must be assessed on specific evidence and factual context [Para 23].

Final Decision – Appeals Allowed – High Court Judgment Set Aside – Supreme Court remitted matter to High Court to determine market value afresh after considering all relevant materials, including admissible sale deeds and precedents – High Court directed to dispose of matter expeditiously, preferably within six months [Paras 25-26].

Land Acquisition – Res judicata / evidentiary use of prior awards – No estoppel against State – Appeals maintainable – Judgments/awards in other acquisitions (same/nearby villages) have only evidentiary value and do not operate as res judicata or issue estoppel; State may contest entitlement, statutory limitations, and comparability even if it did not appeal in earlier matters – High Court erred in non-suiting UOI on res judicata – Remand ordered [Paras 4, 11–13, 32, 85].

Mines & Minerals in acquired agricultural land – Ownership and compensation for minor mineral (china clay) – Punjab Land Revenue Act presumptions; MMDR regime limits exploitation – Even if landowners/bhumidhars have some sub-soil rights, statutory interdicts (Punjab Minor Minerals Rules, 1934; MMDR Act, 1957) allow only limited, permitted, non-commercial quarrying absent lease/permit; compensation cannot be computed on basis of profits from illegal mining – Wajib-ul-arz entry here reserves “mines if found” to Government; presumption under s.42(2) PLRA not conclusive as to china clay – Mineral compensation, if any, must reflect limited right/use and cessation upon acquisition [Paras 14–29, 43–44, 28].

Delhi Land Reforms Act – Nature of rights – Only Bhumidhar/Asami classes; effect on mineral rights unresolved – Determination of Gulab Sundari’s title/bhumidhari and mineral incidents requires examination of DLR Act (ss.5, 7, 11, 22, 23, 154, 185) vis-à-vis repealed Punjab statutes and Art. 31A – Supreme Court proceeds on assumption (arguendo) and remits issue to High Court; civil court/revenue court jurisdiction aspects to be considered [Paras 7–9, 14–15, 33–43, 81].

Market Value – Valuation principles – Comparable sales preferred; circle/basic rates/circulars not safe basis – Adjustments for largeness, development, purpose (University), and land heterogeneity – High Court erred relying on 1965 residential plot “rates” (e.g., Vasant Vihar) with flat deductions; must consider largeness/development deductions (20–53%+), interior/hilly/mineral-bearing tracts, costs of restoring quarried pits, and project purpose (University vs residential) – Circle/basic valuation registers not determinative for s.23 – Remand to re-determine with proper evidence [Paras 12–13, 45–57, 50–55].

Section 25 (pre-1984) bar – Exceeding claim before Collector – Service of s.9 notices and prejudice – If unamended s.25 applies and s.9(3) notice was duly served/constructively served, court cannot award beyond claimant’s stated claim (e.g., Rs.25/50 per sq yd) – High Court must ascertain service from Collector’s record; presumption of service applies; participation and prejudice doctrine relevant – High Court erred in awarding Rs.98 per sq yd absent foundation [Paras 67–70, 68–69, 75–76].

Interest – Waiver/estoppel for stay period – No interest payable 17.01.1972–27.05.1980 – Claimants’ express representation to obtain stay binds them; s.28 is discretionary and s.34 can be waived where no public policy impediment – High Court erred in granting interest for stay period; concession recorded for disallowance [Paras 58–66].

Pleadings & Additional Evidence – O.6 r.17/18 & O.41 r.27 CPC – Amendment of memo of appeal ≠ amendment of reference pleadings; failure to carry out allowed amendments within time bars reliance – Owner’s own purchase deed is best evidence and should be considered – High Court erred in allowing claimants’ late amendments/additional evidence while refusing appellants’ O.41 r.27 on relevant sale deed; orders set aside under Art.142; fresh evaluation directed [Paras 71–76, 83].

Disbursement / Persons Interested – Direction paying entire compensation to L.R. Gupta HUF set aside – Inter se title/entitlement pending under ss.30–31; any recipient holds subject to restitution under s.31(2) proviso – High Court’s direction on an unrelated application unsustainable [Paras 77–80].

Connected Appeals – Follow remand – Matters where High Court followed its earlier judgment without individual analysis also set aside and remitted [Paras 82, 86–88].

Decision – Appeals allowed – High Court’s judgment(s) set aside – Matters remitted to Delhi High Court for fresh determination in accordance with law and observations herein; no interest for 17.01.1972–27.05.1980; disbursement direction to L.R. Gupta HUF set aside; no order as to costs [Paras 66, 80, 83–85, 88].

Criminal Procedure – Bail Pending Appeal – Life Convict – Applicability of Dharampal Guidelines – Bail Granted – The appellant, convicted under Section 302 read with Section 34 IPC and sentenced to life imprisonment, sought bail after over six years of incarceration – High Court denied bail citing shortfall in actual post-conviction custody under Dharampal guidelines – Held: Dharampal judgment only lays down guidelines, not a mandatory rule – Courts must exercise discretion case-wise and not treat those guidelines as rigid conditions – Bail granted considering total custody period and parity with co-accused [Paras 1–3, 9–11].

Constitutional Law – Right to Speedy Trial – Article 21 – Procedural Fairness Post-Conviction – Reaffirmed that Article 21 includes the right to speedy disposal of appeals – Long post-conviction detention pending appeal, without final adjudication, is unjust and offends fundamental rights – Bail may be considered to prevent miscarriage of justice when appellate delay is excessive [Paras 5–7].

Judicial Discretion – Bail Jurisprudence – No Straitjacket Formula – Held: Grant of bail is a matter of judicial discretion based on totality of circumstances including length of custody, seriousness of offence, and merits of conviction – Guidelines like those in Dharampal's case must be applied flexibly – Bail cannot be denied solely due to mathematical shortfall in post-conviction custody [Paras 6–9].

Final Decision – Bail Granted – Appeal Disposed – Appellant had served over six years in custody – Co-accused already released on bail – Interim order of bail made absolute – Appeal disposed of with clarification that Dharampal guidelines are not binding rules but discretionary benchmarks [Paras 10–11].

Penalty – Sections 10(3), 5, 9, 12, 18 of the U.P. Motor Vehicles Taxation Act, 1997 – Articles 14 & 19 of the Constitution – High Court struck down Section 10(3) as arbitrary and unreasonable – Held: Section 10(3) is constitutionally valid – Penalty is a deterrent and compensatory measure to protect public revenue – Statutory scheme provides recovery, refund and appeal safeguards – Appeals allowed and High Court judgment set aside [Paras 1–3, 6–8, 12, 14, 17].

Constitutional Law – Articles 14 & 19 – Economic/Tax Legislation – Judicial Deference – Laws on economic activities enjoy wider latitude – Presumption of constitutionality applies – Mere possibility of hardship/abuse does not render statute invalid – Tests of reasonableness are statute-specific (V.G. Row) – Upholding legislative choice absent manifest arbitrariness (R.K. Garg, Bhavesh D. Parish) [Paras 9–11].

Motor Vehicles Tax – Nature and Purpose of Penalty – Section 10(3) – Penalty termed “deterrent” and “compensatory” for breach of statutory duty to pay tax – Designed to curb evasion given border realities – “Penalty” in revenue statutes need not presuppose mens rea – Deterrence vindicates the main taxing power – Provision intra vires [Para 12].

Reasonable Classification – National Permit vs. State Permit Vehicles – Higher fixed penalty under Section 10(3) for vehicles under national permits is based on intelligible differentia and rational nexus – State control over intra-State vehicles is tighter than over out-of-State national permit vehicles – Differential treatment not discriminatory – Supported by Entry 57, List II rationale and Krishnappan principles [Paras 3–4, 7–8, 13].

Statutory Scheme and Safeguards – Sections 4, 5, 9, 10 outline incidence and timing of tax/additional tax – Section 12 provides refund – Section 18 provides appeal and practical safeguards noted by Court – Availability of adjudicatory mechanisms mitigates challenge of arbitrariness – High Court erred in treating penalty as per se oppressive [Paras 7, 12, 14].

Comparative Support – Tax Penalties as Deterrence – Rahimbhai Karimbhai Nagriwala upholding strong penalty under Section 271(1)(c) IT Act for concealment – Principle applied by analogy: deterrence to prevent evasion is a legitimate legislative objective and not confiscatory per se [Paras 15–16].

Decision – Appeals Allowed – Section 10(3) upheld as constitutionally valid – Impugned High Court judgment set aside – No order as to costs [Para 17].

NDPS – Section 50 – Search of bag carried on head – Not a personal search – Conviction Restored – Accused intercepted carrying a bag which contained opium; trial court convicted under Sections 8/18 NDPS; High Court acquitted for alleged partial option under Section 50 – Held: Search of bag/container is not a personal search, Section 50 not attracted – High Court’s view contrary to State of H.P. v. Pawan Kumar – Acquittal set aside; trial conviction restored [Paras 3-5, 7-8].

Statutory Interpretation – “Person” in Section 50 – Meaning – The term refers to the human body with appropriate coverings/clothing/footwear – Bags, briefcases, jholas, holdalls, cartons, etc., are not part of the body and require separate effort to carry – Hence search of such articles is outside Section 50 [Para 5].

Section 50 NDPS – Compliance – Irrelevant when search is of bag – Even if an “option” was given, alleged partiality is immaterial as Section 50 does not govern search of a carried bag – High Court erred in treating bag search as personal search [Paras 4-5].

Self-Incrimination – Compulsion – Mere questioning/being searched does not amount to compulsion to confess – No material that respondent was under arrest at that stage or compelled to confess – Argument rejected [Para 6].

Decision – Appeal allowed – High Court’s acquittal set aside – Judgment of Special Judge, NDPS Cases, Chittorgarh dated 05.05.2000 restored – Respondent to be taken into custody to serve remainder of sentence [Paras 7-8].

Petroleum Dealership – Eligibility Criteria – Literal Interpretation Prevails – High Court disqualified appellant on ground that her father-in-law already held dealership, though such relationship was not included in disqualifying clause – Supreme Court held that eligibility conditions must be interpreted strictly – Held: Courts cannot expand or amend clear terms by inferring legislative intent or invoking social policy considerations – Addition of relationships not expressly included amounts to supplying a casus omissus, which is impermissible [Paras 2-8].

Judicial Interpretation – Doctrine of Casus Omissus – Not Applicable – High Court’s reasoning based on presumed legislative intent was held erroneous – Supreme Court reiterated that omission in policy or legislation cannot be judicially supplied unless clearly necessary and traceable to the text itself – Held: Relationship not mentioned in eligibility list cannot be read into it under guise of purposive interpretation – Established principles of statutory interpretation bar such judicial legislation [Paras 4-8].

Construction of Clauses – Literal vs. Purposive Interpretation – Literal Rule Applied – Supreme Court emphasized that advertisement terms, like statutory provisions, are to be interpreted by their plain language – Courts must give effect to the words used and avoid inserting terms or categories not present – Held: Grammatical and ordinary meaning of eligibility clauses must be adhered to in absence of absurdity or contradiction [Paras 4-9].

Remand – Writ Petition Containing Additional Grounds – Matter Remitted – While allowing the appeals and setting aside the High Court’s finding on relationship-based disqualification, the Court noted that in writ petition No. 24966/2001, other grounds of ineligibility were raised but not decided – Held: Petition remanded to High Court for consideration of other grounds – No remand necessary in connected petition where no other issues were raised [Paras 10-11].

Final Decision – Appeal Allowed in Part – High Court judgment set aside – Writ petition No. 24966/2001 remitted for limited consideration of remaining grounds – Other appeals allowed without costs [Para 12].

Service Law – Pensionary Benefits – Retirement/Death Gratuity – Fixing of Cut-off Date – Validity – Central and State Governments merged part of DA into basic pay and enhanced gratuity ceiling by O.M. dated 14.07.1995 (Punjab Govt. order dated 13.12.1996), applicable only to employees retiring/dying on or after 01.04.1995 – Employees retiring between 01.07.1993 and 31.03.1995 challenged exclusion – Held: Prescription of cut-off date based on financial constraints and Pay Commission recommendation is neither arbitrary nor violative of Art. 14 – Financial and economic considerations are legitimate grounds for fixing prospective effect – Distinguished: D. S. Nakara case, which applied to pension (a continuing benefit), not to gratuity (a one-time benefit) [Paras 25-30, 37].

Cut-off Date – Justification – Mere hardship to some employees does not render cut-off unconstitutional – Valid so long as based on rational consideration – Precedents: P. N. Menon; Krishena Kumar; Indian Ex-Services League; State of Rajasthan v. Amrit Lal Gandhi; Tamil Nadu Electricity Board v. Veeraswamy followed [Paras 30-36].

Equality – Article 14 – Classification – Employees retiring before and after 01.04.1995 do not form one homogeneous class for gratuity benefits – Distinction has rational nexus to object of reducing financial burden – Hence no discrimination [Paras 26-29].

Decision: Common judgment of Punjab & Haryana High Court (CWP 4995/97 and connected matters) and Himachal Pradesh High Court (CWP 462/03) set aside insofar as they extended benefits to employees retiring/dying prior to 01.04.1995. Appeals by Union of India, Punjab Govt. and Electricity Board allowed. Appeals by pre-01.07.1993 retirees dismissed. [Paras 39-41].

Criminal Law – Quashing of FIR - Medical Negligence – Criminal Liability – IPC Section 304A – Civil vs. Criminal Standard – FIR alleged death of patient due to empty oxygen cylinder and negligence of doctors – Issue: whether such facts make out offence under Section 304A IPC – Held: For criminal liability, negligence must be “gross” or of a very high degree; mere error of judgment, accident, or lack of highest care is insufficient – Reaffirmed: distinction between actionable negligence in tort and culpable negligence in crime – Standard is that of an ordinarily competent doctor applying Bolam test [Paras 13-20, 49-50].

Professional Negligence – Standard of Care – Bolam Test – A doctor is not liable merely because a better alternative treatment was possible or because another body of opinion would disagree – Liability arises only if no reasonable doctor of ordinary competence would have acted similarly – Followed: Bolam v. Friern Hospital Management Committee, applied in India [Paras 19-26, 49].

Criminal Negligence – Requirement of Grossness – Mens rea in form of gross negligence/recklessness necessary for fastening criminal liability – Word “gross” though not in Section 304A IPC, implicit in its interpretation – Negligence actionable in civil law may not sustain prosecution under criminal law [Paras 15-18, 49-50].

Res Ipsa Loquitur – Limited Application – Doctrine applicable in civil torts, not per se in criminal prosecution under Section 304A IPC – Burden remains on prosecution to prove gross negligence beyond reasonable doubt [Paras 28, 49(8)].

Guidelines – Prosecution of Doctors – To prevent harassment through frivolous complaints, Court directs: (i) Private complaint must be supported by credible medical opinion from another competent doctor; (ii) Investigating officer must obtain impartial medical opinion from government doctor applying Bolam test before proceeding; (iii) Arrest of doctors should not be routine and only if necessary for investigation or ensuring appearance [Para 53].

Decision – On facts, even if allegations in FIR are accepted, no case of criminal rashness or gross negligence made out against appellant-doctor – Possible civil liability of hospital not examined – Prosecution under Section 304A IPC quashed – Appeals allowed [Paras 54-55].