Customary Law – Suit for possession - Alienation by widow – Validity – Basanti inherited life estate in ancestral property of husband – Gift of property in 1935 held void as widow had no power of alienation under custom – Plaintiff Surtu (daughter) entitled to succeed entire estate after Basanti’s death in 1968 – Defendants, as collaterals, had no right of succession – Concurrent findings of Trial Court and First Appellate Court upheld [Paras 2, 8].

Limitation – Applicability of Punjab Limitation (Custom) Act, 1920 – Whether suit by daughter challenging alienation by widow is barred – Full Bench of Punjab & Haryana High Court (Narotam Chand, AIR 1949 P&H 109) authoritatively held that Act applies only to suits by collaterals to safeguard rights in ancestral property – Act not applicable to suits by female heirs challenging alienation by widow – Such suits governed by general limitation under Article 65, Limitation Act, 1963 – Suit within limitation as cause of action arose on death of Basanti in 1968 – High Court erred in applying Custom Act [Paras 7, 10-12, 15].

Doctrine of Stare Decisis – Interpretation of local statute – Consistent long-standing Full Bench interpretation should not be disturbed – View in Narotam Chand case has held the field since 1949 and continues to govern – Supreme Court declines to unsettle precedent – Reliance placed on Raj Narain Pandey (AIR 1973 SC 291) and Jagdish Lal (AIR 2000 SC 1822) [Paras 13-14].

Decision – Appeal allowed – High Court judgment set aside – Decree of Trial Court as affirmed by First Appellate Court restored – Plaintiff’s suit held within limitation – No costs [Para 15].

Service Law – Disciplinary proceedings – Unauthorised absence – Constable dismissed after repeated absence without intimation – Contention that subsequent order treating absence as “leave without pay” condoned misconduct – Held: No condonation – Regularisation after dismissal made only for maintaining service record – Does not invalidate dismissal – Ratio in Harihar Gopal applied – Bakshish Singh not authority to contrary – No conflict between two decisions [Paras 5-6].

Punjab Police Rules – Rule 16.2(1) – Scope – Dismissal justified either for gravest act of misconduct or cumulative effect of repeated misconduct proving incorrigibility – Habitual unauthorised absence renders constable unfit for disciplined police service – Past record showing repeated absence relevant – Dismissal valid [Paras 11-12].

Natural Justice – Violation – In certain cases High Court upheld setting aside of dismissal orders on ground of denial of reasonable opportunity – Such orders affirmed by Supreme Court – In other cases where due process followed, dismissal orders restored [Paras 13-16].

Judicial Precedent – Consistency – Bakshish Singh decision turned on lack of opportunity and improper remand; did not lay down law contrary to Harihar Gopal – High Courts and tribunals following contrary line overruled – Ratio of Harihar Gopal governs [Paras 6-7].

Decision – Appeals of dismissed constables (including Maan Singh) dismissed – Dismissals upheld where unauthorised absence was habitual and procedure followed – Appeals by State of Punjab allowed where lower courts wrongly interfered despite valid dismissal – Appeals based on natural justice violations dismissed – Some appeals delinked for separate hearing [Paras 9, 12, 14, 16-17].

Civil Law - Appeals – Scope of Appellate Court Powers – Order 41 Rules 22 and 33 CPC – Cross-Objection Necessary – First Appellate Court erred in modifying conditional decree into absolute decree for specific performance in absence of cross-appeal or cross-objection by plaintiff – Decree partially against respondent had attained finality – Respondent not entitled to enhanced relief without appeal or objection – High Court failed to appreciate settled position of law [Paras 7–13, 22].

Civil Procedure – Appellate Powers under Order 41 Rule 33 CPC – Not Unfettered – Though appellate courts have wide powers under Rule 33 to mould relief, such powers cannot override requirement of cross-appeal or cross-objection when decree is to be modified adversely against appellant and beneficially to non-appealing respondent – Rule applies only where parts of decree are inseparably connected or to avoid contradictory decrees – Such condition not satisfied in present case [Paras 14–21].

Specific Performance – Discretion of Court – Conditional Decree for Specific Performance – Trial Court granted decree for refund of Rs. 2.4 lakhs with 10% interest, subject to condition that in case of default, plaintiff may seek specific performance – Decree held to be separable – First Appellate Court could not grant specific performance outright without appeal or cross-objection by plaintiff – Respondent barred from securing larger relief [Paras 2, 12, 21].

Practice and Procedure – Binding Nature of Decrees – Appellate Interference – Relief cannot be granted to a party who has not appealed or objected to part of decree adverse to them – Appellate Court must respect finality of unchallenged portions of decree unless inseparably connected – Failure to do so results in procedural unfairness and overreaching [Paras 13, 19, 22].

Final Relief – Appeals Allowed – Decree of First Appellate Court Set Aside – Trial Court Decree Restored – Appellants deposited decretal amount of Rs. 2.4 lakhs as per terms – Voluntarily offered additional Rs. 1.2 lakhs as compensation – Conditional decree deemed fully satisfied – Respondent to return original agreements duly endorsed – Parties to bear own costs [Paras 23–24].

Town Planning – Transfer of Community Sites – Interpretation of Section 3(3)(a)(iv), Haryana Development Act – Appeal Allowed – The appellant Trust challenged the validity of State circulars prohibiting third and fourth-party transfers of school and community sites in licensed colonies – Held: There is no express statutory bar on such transfers – Clause 3(3)(a)(iv) permits construction either by the licensee or any other institution or individual – Executive circulars issued in 1994 and 1996 cannot curtail property rights guaranteed under Article 300A – Such circulars not backed by legislative authority and cannot override statutory provisions [Paras 28, 36, 38-40, 54, 66-67].

Construction of Statutes – Distinction between ‘Development Works’ and ‘Amenities’ – Meaning of Section 2 and Rule 2 – The Court held that ‘development works’ and ‘amenities’ are distinct concepts under the Act and Rules – Construction of schools, hospitals and community buildings fall under ‘amenities’ and not ‘development works’ – Cost of amenities not recoverable from plot holders – Licensee's obligation is limited to ensuring provision of such amenities, either directly or through transferees [Paras 33-35].

Right to Property – Article 300A – Transferability of Land – No Prohibition Inferred – The right to transfer property is an essential incident of ownership – In absence of an express prohibition under statute, such right cannot be curtailed by implication – Executive circulars cannot override rights protected under Article 300A – Fourth-party transferees who acquired interest in good faith cannot be prejudiced without legal authority [Paras 36-37, 54, 66].

Purposive Interpretation – Limits of Executive Action – State Cannot Override Statute – The Court held that a regulatory statute must be interpreted based on its express language and object – Rule of purposive construction cannot be stretched to infer restrictions where none exist – Executive actions, including circulars, cannot create substantive rights or obligations unless backed by statutory authority [Paras 38, 50, 53].

Delegated Legislation – Draft Rule Imposing Prior Permission – Legislative Intent – A draft amendment published in 1991 proposing a restriction on third-party rights through licence condition indicates that such a requirement did not exist earlier – Supports inference that prior to the amendment, there was no legal bar on such transfers – Retrospective effect to circulars not permissible [Para 48-49].

Decision – Appeals Allowed – High Court judgment set aside – Executive circulars restricting third/fourth party transfers held unenforceable in absence of statutory backing – No costs awarded – State authorities may take action under law in case of breach of statutory obligations [Paras 67-69].

Criminal Law - Murder – Circumstantial Evidence – Murder and Robbery – Sections 302, 392 r/w 397 IPC – Conviction and death sentence upheld – Prosecution relied on motive, recovery of jewellery, cash, fingerprints, and presence near crime scene – Recovery of ornaments at appellant’s instance and pledge of stolen jewellery shortly after incident established beyond reasonable doubt – Absence of explanation by accused under Section 313 CrPC strengthened inference of guilt – Held: chain of circumstances complete and consistent only with guilt of appellant [Paras 7–8, 15–19, 25–26].

Evidence – Section 27 of Evidence Act – Recovery based on disclosure – Admissibility – Statement made at night, recovery conducted next day – Held: no requirement that recovery be immediate – Recovery pursuant to accused’s special knowledge admissible – Police evidence need not always be corroborated if otherwise reliable – Recovery in presence of independent panch witnesses valid – Defence contention rejected [Paras 20–23].

Evidence – Identification of Stolen Property – Testimony of neighbour, husband, and family members of deceased sufficient to establish jewellery as belonging to victims – Financial transactions proved that appellant redeemed his wife’s pledged jewellery immediately after murders by pledging stolen ornaments – Strong incriminating circumstance [Paras 17–19].

Evidence – School Registers and Bail Application analogy distinguished – Here, fingerprints recovered from almirah at crime scene matched accused – Witness placed appellant near house on night of incident – No explanation offered for presence – Such evidence corroborated recoveries [Paras 24–25].

Sentencing – Rarest of Rare – Article 21 Constitution – Bachan Singh principle applied – Appellant murdered four relatives, including a child, in cold blood for monetary gain – Absconded for 4 years, showing lack of remorse and nil possibility of rehabilitation – Held: case falls within “rarest of rare” category – Death sentence justified – No mitigating circumstances warranting life imprisonment [Paras 27–29].

Final Decision – Appeal dismissed – Conviction and death sentence affirmed – Appreciation recorded for amicus curiae [Paras 30–31].

Service Law – Disability during service – Protection under Section 47 of the Persons with Disabilities Act, 1995 – Invalid removal set aside – Appellant, a Constable in Special Service Bureau, suffered amputation of left leg during service and was declared permanently incapacitated – Invalidated from service based on Medical Board’s opinion – Held: Section 47 mandates that no employee acquiring disability during service shall be dispensed with – Employer obliged to provide alternative post with same pay scale/service benefits or keep on supernumerary post until superannuation – Appellant’s disability squarely covered under Section 2(i)(v) read with Section 2(o) – Protection under Section 47 is mandatory and cannot be denied merely because invalidity pension under Rule 38 of CCS Pension Rules was sanctioned – Rule 38 cannot override special legislation; Section 72 reinforces this – Impugned termination quashed, appellant entitled to relief under Section 47 [Paras 6-13].

Doctrine of Generalia Specialibus Non Derogant – Special law prevails – Persons with Disabilities Act, 1995 being special enactment prevails over CCS Pension Rules – Grant of invalidity pension under Rule 38 does not take away protection conferred by Section 47 – Section 72 clarifies that benefits under the Act are in addition to other laws – Thus, appellant entitled to reinstatement/relief in terms of Section 47 despite pension benefits [Paras 11-12].

Decision – Appeal allowed – Impugned orders of termination set aside – Respondents directed to extend benefits as mandated under Section 47 of the Persons with Disabilities Act, 1995 – No order as to costs [Paras 13-14].

Tenancy Law - Commercial Tenancy – Heritability – Delhi Rent Control Act – Civil Court Jurisdiction – Decree a Nullity – Civil court passed ejectment decree against heirs of tenant holding tenancy not heritable – Subsequently, Constitution Bench in Gian Devi Anand held commercial tenancy heritable – Held: Civil courts lacked inherent jurisdiction, as eviction jurisdiction exclusively with Rent Controller under Sections 14 and 50 – Decree passed was nullity, inexecutable – Objection to execution validly raised under Section 47 CPC [Paras 9-11, 18-23].

Doctrine of Prospective Overruling – Inapplicability – Law declared by Supreme Court relates back to enactment – Gian Devi Anand only interpreted existing law, did not create new rights – High Court erred in applying prospective overruling – Absence of Supreme Court’s direction for prospective application means ruling applies retrospectively [Paras 12-17, 23].

Nullity of Decree – Executability – Decree by court lacking jurisdiction is coram non judice – Such decree is non est, invalidity can be raised at any stage including execution – Principle of res judicata not applicable – Hardship to decree-holder cannot validate a decree without jurisdiction [Paras 18-21, 24].

Decision – Appeal allowed – Orders of High Court and executing court set aside – Decree of ejectment held nullity and inexecutable – Parties directed to bear own costs [Para 24].

Motor Vehicle Accident Claim – Transfer of Vehicle – Liability of Insurer – Sections 94, 95, 95(5), 97 and 103-A of Motor Vehicles Act, 1939 – Insurer Held Liable to Third Party – The deceased’s parents claimed compensation for death caused by negligent driving of motorcycle – Vehicle transferred without intimation to insurer under Section 103-A – Tribunal held insurer not liable; compensation awarded against transferee-owner – High Court dismissed appeal – Held: Insurance against third-party risk is compulsory under Sections 94 and 95 – Liability of insurer to third party/victim does not cease even if transfer of vehicle is not intimated to insurer – Policy continues to protect third-party rights irrespective of breach between insured and insurer – Insurer directed to pay compensation with right to recover from insured or transferee [Paras 2-7].

Decision – Appeal Allowed – Orders of Tribunal and High Court set aside – Insurer directed to pay compensation with 11% interest p.a. from date of incident, recoverable from insured or transferee – No order as to costs [Para 8].

Taxation Law - Telecommunication Rentals – U.P. Trade Tax – DoT as Dealer – Appeals Allowed – DoT challenged assessment of trade tax on telephone rentals contending it was providing a service and not transferring right to use goods – High Court accepted that view – Supreme Court held: DoT is a “dealer” within Section 2(c)(iv) & (viii), U.P. Trade Tax Act – Telephone instruments, lines, exchange connections constitute “goods” – Providing telephone access amounts to “transfer of right to use goods” under Article 366(29-A)(d) – Extended meaning of “sale” applies – High Court erred – Appeals allowed [Paras 2–18, 23–33, 44–47].

Definition of Dealer – Government as Dealer – Sub-clause (iv) of Section 2(c) covers government selling, supplying or transferring goods whether in course of business or otherwise – Insertion of sub-clause (viii) by U.P. Act 31 of 1995 was by way of abundant caution, not exclusion – Hence DoT liable even prior to 1995 amendment – Position clarified with reference to Vrajlal Manilal and Kanwar Raj Nath – [Paras 14–22].

Goods – Telephone Connection and Accessories – Wide Definition – Includes tangible and intangible objects – Telephone instruments, wiring, and access to exchange constitute “goods” – Electricity recognised as goods in MP Electricity Board case, hence intangible systems like telecom also goods – [Para 23].

Service vs. Sale – Substance of Transaction Test – Though termed “service”, provision of telephone connection involves transfer of right to use goods (instrument + access) – Terminology not decisive – Activity may be service for one Act but sale for sales tax purposes – [Paras 24–30].

Possession and Control – Not Sine Qua Non – Transfer of right to use goods complete once connection allotted and access to exchange enabled – Physical possession/control of exchange with DoT irrelevant – Constitution Bench in 20th Century Finance followed – [Para 31].

Composite Contract – Telephone Service – Cannot be split – Analogy of hotel/service contracts not applicable – Providing telephone connection inherently involves transfer of right to use goods, not merely incidental to service – Hence exigible to sales tax – [Paras 34–43].

Effect of Service Tax – Finance Act, 1994 introduced service tax on telecom services but that does not exclude States’ competence to levy trade tax on transfer of right to use goods – Two levies operate in different fields – [Para 32].

Decision – High Court judgment set aside – DoT held liable to trade tax on telephone rentals under U.P. Trade Tax Act – Earlier contrary views in ECIL case (AP HC) and Union of India v. State of Haryana (P&H HC) overruled – Demands remitted for fresh assessment after DoT files returns within three months – Appeals allowed with costs [Paras 44–47].