Civil Law - Tender Cancellation – Judicial Review – Scope of Interference – Court held that in matters relating to tenders and contracts, judicial review is limited to checking arbitrariness, mala fide, and public interest – Unless mala fides or illegality is proved, administrative decisions like retendering cannot be interfered with by Courts [Paras 12-19].

Right to Cancel Tender – Government’s Freedom of Contract – Cancellation of tender justified if aimed at protecting the financial interests of the State – Decision to retender due to limited participation caused by Covid-19 restrictions held to be within the DFO’s administrative discretion and not arbitrary [Paras 15, 20-22].

Fairness and Public Interest – Retendering Promotes Equal Opportunity – Fresh tender gives fair opportunity to all eligible contractors and advances public interest – Retendering after Covid-related complaints was neither malicious nor unreasonable and furthers transparency [Paras 17, 20, 23].

Kerala High Court’s Error – Misapplication of Law – High Court incorrectly set aside the DFO's order without finding any mala fide intent – The Supreme Court held that commercial decisions must be respected if taken bonafide, particularly in matters of State revenue and public interest [Paras 16, 22-24].

Decision – Appeals Allowed – Judgment dated 19.01.2021 passed by the High Court of Kerala in Writ Appeals Nos. 1568, 1577, and 1589 of 2020 set aside – Cancellation of the earlier tender and fresh tender process upheld [Paras 24].
 

Civil Law - Contempt Proceedings – Non-payment of Arrears – Civil Contempt Established – Despite clear directions issued by the Supreme Court on 07.11.2022 for payment of arrears and monthly occupation charges, respondent failed to comply – Wilful and deliberate disobedience established by continued possession and benefit without payment [Paras 1-13, 19-23, 29-30].

Financial Inability Plea – Rejection of Defence – Plea of financial incapacity rejected – Court observed previous communications from respondent indicated financial capability – No efforts made to modify the Court’s order or surrender possession – Conduct amounted to intentional non-compliance [Paras 16-18, 27-28].

Misuse of Judicial Process – Malafide Conduct – Court found respondent deliberately misused judicial proceedings to retain possession and reap financial benefits from the property – Conduct amounted to misleading the Court and abuse of legal process [Paras 19-21, 30-33, 36-38].

Power to Punish Contempt – Upholding Sanctity of Judicial Process – Supreme Court emphasized that contempt jurisdiction exists to protect the authority and dignity of Courts – Misleading conduct resulting in disobedience of judicial orders undermines public trust and mandates strict action [Paras 31-37].

Decision – Respondent held guilty of Civil Contempt – Punishment of three months’ Simple Imprisonment and a fine of INR 20,000 imposed, with an additional one month’s imprisonment in default – 30 days granted to purge the contempt by complying with the order dated 07.11.2022, failing which sentence to come into effect [Paras 40-42].

Tenancy Law - Eviction on Bona Fide Need – Application under Section 21(1)(a) – Bona fide requirement upheld – The Prescribed Authority had ordered eviction based on the landlord’s pressing need to start his own business and sustain his family – The Appellate Authority reversed the order without sufficient reasoning, and the High Court upheld the same – Held: The bona fide requirement was well-established by documents and the landlord’s financial status, including negative wealth and minimal income – Eviction order restored [Paras 1, 8-10, 13, 23-27].

Comparative Hardship – Evaluation of circumstances – Greater hardship on landlord – The landlord, being young with family and no business, was found to suffer greater hardship than the elderly tenant who had other properties and settled heirs – Tenant had not made any attempt to find alternative premises during 63 years of overstay – Held: Balance of hardship tilted in favour of the landlord [Paras 10, 16, 27-30].

Effect of Landlord’s Death – Maintainability of proceedings by legal representatives – Section 21(7) of the 1972 Act – Legal heirs of landlord entitled to continue eviction proceedings based on their own need – Objection to maintainability of appeal rejected as the son of deceased landlord proved his own financial hardship and disability – Held: Legal representatives have standing under Section 21(7) and are entitled to succeed [Paras 19, 24-26].

Rejection of Respondent’s Business Claims – Tenants failed to prove that the landlord’s family had substantial business income – Appellate Authority wrongly assumed that speculative or minor income discredited bona fide need – Held: Existence of minimal or speculative income does not negate genuine need – Prescribed Authority's findings were based on sound appreciation of evidence [Paras 12-13, 27].

Final Decision – Eviction Decreed – The appeal was allowed – Judgment of the High Court set aside – Tenant granted time till 31.12.2025 to vacate the premises subject to conditions – No order as to costs [Para 33].

Service Law – Financial Upgradation – MACP vs. ACP Scheme – No Interference – The respondent, an employee of Doordarshan, sought higher Grade Pay under the ACP Scheme despite having accepted financial upgradations under the MACP Scheme without protest – Tribunal allowed the claim relying on B.D. Kadam and was upheld by the High Court – Held: Though subsequent decisions like N.M. Raut clarified inapplicability in certain scenarios, facts in this case were materially different – No ground for interference with High Court’s order [Paras 3-13].

Limitation – Maintainability of Original Application under Administrative Tribunals Act – O.A. Held Time-Barred – Representation made in 2016 against financial upgradation orders passed years earlier was not under any statutory provision – Held: Limitation starts from date of cause of action, and making a non-statutory representation does not postpone limitation – The Tribunal and High Court erred in not ruling on limitation issue, which was a sound objection by appellants [Paras 14-27, 33-36].

Discretion under Article 142 – No Recovery Ordered – Respondent retired in 2018 and had received benefits post-implementation of Tribunal’s order – Considering age, Article 15(3) and Article 41 of the Constitution, Court exercised powers under Article 142 – Held: Despite finding the O.A. time-barred, no recovery of excess amount directed in the interest of equity and justice [Para 38].

Final Decision – Appeal Allowed in Part – Tribunal’s order declared erroneous due to limitation but not interfered with – Respondent allowed to retain the financial benefit already received without refund obligation – Appeal disposed of accordingly [Paras 38-39].

Civil Law - Gift Deed – Validity under Muslim Law – Deed Upheld – A registered Gift Deed dated 26.04.1958 executed by the plaintiff’s grandfather was found to be valid under Mahomedan Law, where the grandfather transferred land to his grandson who otherwise would not have inherited – Delivery of possession was proven and misdescription of dag numbers held to be immaterial to the identity of the property – Held: Gift Deed valid, delivery of possession accepted through plaintiff’s mother [Paras 4(viii), 4(x), 4(xii), 4(xiii)].

Declaratory Relief – Necessity of Seeking Cancellation of Void Sale Deed – Not Mandatory – The High Court erred in holding that the plaintiff’s failure to seek cancellation of a subsequent sale deed disentitled him from obtaining declaration of title – Supreme Court clarified that a person not party to a void document (like the plaintiff here) need not seek its cancellation under Section 31 – Mere declaration of non-binding nature is sufficient [Paras 24–36].

Right to Seek Declaration – Plaintiff as Non-Executant – Legal Right Recognized – The plaintiff, not being party to the subsequent sale deed, was held entitled to a declaration of title and recovery of possession – Courts below rightly entertained suit without insistence on cancellation relief – Held: Declaration of title includes implicit negation of rights under void sale deed by third parties [Paras 34–37].

High Court Judgment – Improper Reversal – High Court concurred on validity of Gift Deed but reversed decree solely on technical omission – Supreme Court held that such omission did not defeat the suit and trial court findings should be restored – Appeal allowed, decree of trial court restored [Paras 36, 46].

Criminal Law – Murder – Appeal Against Conviction - Section 313 CrPC – Inadequate Examination of Accused – Prejudice Caused – Conviction Set Aside – Appellant’s examination under Section 313 CrPC merely summarized the prosecution's case rather than presenting specific evidence against him – Supreme Court held this as fatal irregularity causing inherent prejudice – Trial court failed to present material circumstances for the accused to respond meaningfully [Paras 7–13].

Conviction Under Section 302 IPC – Defective Trial – No Effective Defence Opportunity – Acquittal Granted – Appellant’s right to fair trial violated due to non-compliance with mandatory requirements under Section 313(1) CrPC – Court held that prosecution must put each incriminating circumstance specifically to the accused – In absence of such examination, appeal allowed and appellant acquitted [Paras 10–15].

Remand – Not Feasible Due to Passage of Time – 14 Years Elapsed – Acquittal Ordered – Although such procedural defects are curable, Supreme Court declined remand due to long delay since incident (2011) and prolonged custody (14 years served) – Appellant ordered to be released forthwith unless required in another case [Paras 14–17].

Decision – Appeal Allowed – Conviction under Section 302 IPC set aside – Appellant acquitted of all charges – Supreme Court directed his immediate release [Paras 15–17].
 

Section 138 NI Act – Personal Criminal Liability of Director – Insolvency of Company No Bar – Appeals Dismissed – Appellant convicted for cheque dishonour and sentenced to two years imprisonment with ₹2.5 crore compensation – He claimed protection due to company liquidation and moratorium under IBC – Supreme Court held director’s criminal liability under NI Act is personal and survives insolvency proceedings of the company [Paras 1–19].

Moratorium Under IBC – Not Applicable to Penal Proceedings – Proceedings Under NI Act Permitted – Court affirmed ruling in Rakesh Bhanot vs. Gurdas Agro (P) Ltd., holding that IBC moratorium under Sections 96 and 101 is limited to debt recovery actions – Penal prosecutions like those under Section 138 NI Act continue unaffected by insolvency process [Paras 16–18].

Failure to Comply with Bail Condition – No Right to Hearing Without Deposit – Deposit Condition Upheld – Appellant failed to deposit 25% of cheque amount as required for suspension of sentence during revision – High Court recalled bail – Supreme Court upheld the condition and denied any protection from consequences [Paras 10–12, 20–22].

Relief – Final Opportunity to Comply – Conditional Protection from Arrest – Court granted final eight-week extension to deposit 25% of cheque amount – Failure to do so would expose appellant to custody; if deposited, High Court to hear revision on merits [Paras 20–24].
 

Bail – Long Incarceration without Trial – Bail Granted – The petitioner had been in custody for over four years in a case involving charges under IPC and MCOCA – Only four of 67 prosecution witnesses had been examined – Supreme Court noted prolonged trial and granted bail subject to stringent conditions, without commenting on merits [Paras 6–9].

MCOCA Charges – Premeditated Crime and Alleged Syndicate Membership – Allegation Not Prejudged – State alleged petitioner was a contract killer within a crime syndicate led by co-accused Yogesh Sawant – Court refrained from expressing opinion on evidence while granting bail – Emphasised that framing of charges and partial trial progress warranted conditional release [Paras 3, 6, 9].

Conditions for Bail – Passport Surrender and Police Reporting – Compliance Mandated – Petitioner directed to deposit passport with Trial Court and report fortnightly to local police – Also mandated to attend all trial dates – Misuse of bail to attract cancellation [Paras 10–11].

Final Relief – Special Leave Petition Disposed – Bail Directed – The Court disposed of the SLP by granting conditional bail and warning of strict consequences in case of misuse or witness tampering [Paras 9–12].
 

Criminal Procedure – Power of Court to Review Judgments – Section 362 Cr.P.C – Judgment Modification Not Permissible – High Court’s Correction Order Quashed - The High Court’s modification of its final judgment on grounds of “clerical error” was found to be impermissible under Section 362 Cr.P.C. – The Supreme Court held that once a judgment is signed, it cannot be altered or reviewed except to correct clerical or arithmetical errors – The changes made were substantive in nature and amounted to judicial review, not correction [Paras 9-20].

Appreciation of Evidence – Conviction Based on Eyewitness Testimony – Evidence Supported by Medical Reports – Conviction Under Section 302 IPC Upheld – The original conviction of the accused under Section 302 IPC was sustained by the trial court and affirmed by the High Court in its initial judgment – The SC noted that medical and ocular evidence corroborated each other and supported the conviction beyond reasonable doubt [Paras 11-12].

High Court Procedure – Correction Application Misused – Conversion to Section 304 Part II IPC Invalid – Held: Review of merits not allowed under correction mechanism – The High Court incorrectly treated substantive judicial reassessment as a clerical correction – Such review falls outside the ambit of Section 362 Cr.P.C and is ultra vires [Paras 13-20].

Final Decision – Supreme Court Sets Aside Modified Judgment – Appeals by Complainant Allowed – Original Conviction Restored – The apex court quashed the impugned correction judgment dated 08/02/2019 and restored the original judgment dated 21/05/2018 convicting the accused under Section 302 IPC – Directions issued for surrender and compliance [Paras 20-21].