Facts : Partition suit - Allegations of fraudulent conduct - High Court declaring preliminary decree to be vitiated by fraud.

Application for intervention - Filed by legal heirs of a defendant - Challenging validity of sale deed and lack of consideration - Alleging impleadment of deceased party after death - Lack of specific information regarding impleadment date.

Application by Asset Reconstruction Company - Equitable mortgage created by deposit of title deeds - Seeking impleadment to protect public money belonging to banks - Previous impleadment applications dismissed - Lack of challenge to dismissal of previous applications.

Application by Cooperative Housing Society - Claiming ownership of land based on sale deed and subsequent assignments - Challenging High Court's declaration of fraud in preliminary decree - Asserting finality of previous proceedings in their favor - Seeking clarification of judgment - Petition for review already filed.

Held: Civil Procedure Code, 1908 - Appeals - Partition suit - Preliminary decree - Validity - Fraud - High Court declaring preliminary decree to be vitiated by fraud - Challenge thereto - Held, High Court erred in declaring preliminary decree to be vitiated by fraud without sufficient evidence or pleadings - Observations of fraud confined to specific land - Finding not binding on State Government - Appeals dismissed. (Para 226(i))Sale of Property - Validity - Sale deed executed by power agent after principal's death - Validity questioned - Allegation that principal was not impleaded in suit before his death - Applicability of sale deed - Held, due to lack of specific information on the date of impleadment, final determination on validity cannot be made - Applicant's contention requires further verification - Appeal dismissed. (Para 214)

Intervention - Impleadment - Equitable mortgage by deposit of title deeds - Application for intervention by Asset Reconstruction Company - Claiming public money at stake - Bar on jurisdiction of Civil Court - Held, Asset Reconstruction Company's previous impleadment applications dismissed - Cannot piggyback on appeals filed by others - Dismissed. (Para 217)

Cooperative Housing Society - Impleadment - Directions - Application by Cooperative Housing Society seeking impleadment and directions - Claiming ownership rights over land - Challenging High Court's declaration of preliminary decree as vitiated by fraud - Held, High Court's declaration of fraud confined to specific land - Application seeking clarification not permissible - Review petition already filed - Application dismissed. (Para 222)

. Punjab Police Rules, 1934 - Review of orders - Power of review conferred on superior authorities - The power of review under Rule 16.28 of the Punjab Police Rules, 1934 empowers superior authorities, such as the Inspector-General, Deputy Inspector-General, and Superintendent of Police, to call for and review the records of awards made by their subordinates, and confirm, enhance, modify, or annul the same - The power of review is vested in a superior authority and not the same authority that passed the original order - The power of review cannot be exercised unless specifically conferred by the relevant statute - The absence of a provision for review in the Rules precludes the same authority from reviewing its earlier order. (Para 18)

2. Liberty granted by the court - Limitations on liberty - A liberty granted by a court to move before an authority does not grant carte blanche liberty to approach the same authority again - The liberty to approach the authority must be understood in the context of the law and the absence of any provision allowing such action - In the absence of any provision permitting the course of action suggested, approaching the same authority again is not legally justified. (Para 26)

3. Compulsory retirement based on adverse remarks - Discretion of authorities - In cases involving personnel in uniformed services, adverse remarks regarding integrity and conduct are to be adjudged by superior authorities - The decision to compulsorily retire personnel based on adverse remarks falls within the discretion of the authorities as per statutory provisions - The court will not interdict such actions unless they are found to be arbitrary or shocking the conscience of the court. (Para 28)

4. Update and amendment of rules - Need for clarity - Rules should be updated and amended to reflect current positions, titles, and hierarchy of authorities - In the absence of clear and updated rules, confusion and misinterpretation may arise. (Para 21)

5. High Courts' powers under Article 226 of the Constitution - Unique nature of power - High Courts have wide powers under Article 226, and their powers are different from those of a Court of Session - High Courts are Constitutional Courts with extensive constitutional powers. (Para 25)

Communication of Judgment and Directions:

Copies of the judgment to be communicated to the Chief Secretaries, Governments of Punjab and Haryana, the Principal Secretary, Department of Home Affairs and Justice, Government of Punjab, the Additional Chief Secretary, Home, Government of Haryana, and the Directors General of Police, Punjab and Haryana. (Para 31)

Criminal Procedure - Summoning of Accused - Exercise of Power under Section 319, Cr.P.C. - Discretionary Power - Evidence showing involvement of person in crime - Sibling of accused implicated in assault and abuse - Appellant not named in FIR - Special Court forming requisite satisfaction - Order affirmed by High Court - Challenge to summoning order - Held, evidence of complainant and his wife justifies Special Court's order - Power under Section 319, Cr.P.C. can be exercised if evidence shows involvement of person in crime and they should be tried with accused - Merit of arguments regarding delay in lodging FIR, contradictions in testimonies, and non-naming of appellant in FIR left open for trial court to consider - Appeal dismissed. [Para 9, 10, 11, 12, 13]

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Summoning of Accused - Special Court taking cognizance of offense under 1989 Act - Summoning appellant along with accused - Appellant not named in FIR but implicated as assailant - Sibling of accused - Held, once appellant is a sibling of accused and named as assailant, material for forming requisite satisfaction exists - Order of Special Court upheld - Merit of arguments left open for trial court to consider - Appeal dismissed. [Para 10, 11]

Anticipatory Bail - Cancellation - Non-cooperation with investigation - Respondent High Court canceled the anticipatory bail granted to the petitioner on grounds of non-cooperation with the investigation and failure to respond to the Investigating Officer's calls - Supreme Court declined to interfere with the impugned orders passed by the High Court, upholding the cancellation of anticipatory bail. (Para 2-5)

Surrender and Bail - Direction to surrender - The petitioner was directed to surrender to the concerned police station within two days - The petitioner was allowed to make an appropriate application for bail, which would be decided by the concerned court expeditiously, without being influenced by the observations made in the present order. (Para 6)

Protection to Victim - Apprehension of threat to life - The victim expressed apprehension about her safety and requested to return to her place of residence - The Court directed the SHO at Tilak Marg Police Station, New Delhi, to provide protection to the victim and make arrangements for her safe travel to her place of residence. (Para 7-8)

Coordination with State Authorities - Advocate representing the State of Madhya Pradesh assured the Court of coordination with the concerned SHO at Tilak Marg Police Station, New Delhi, and handing over a copy of the order to the officer. (Para 8)

Dismissal of Special Leave Petitions - The special leave petitions were dismissed by the Supreme Court - Any pending application(s) were disposed of accordingly. (Para 9)

Karnataka Education Department Services (Department of Public Instructions) (Recruitment) Rules, 1967 - Rule 66 - Additional List (Wait List) - Appellant's appeal against the High Court's direction to appoint the respondent based on her inclusion in the Additional List - Held, Additional List does not create a right to appointment - The Rule does not mandate the State to make appointments from the Additional List - Duty to fill up vacancies from the Additional List can arise only based on a mandatory rule - State has discretion in filling vacancies from the Additional List, subject to judicial review - High Court erred in assuming a right to appointment based on Entry 66 of the Schedule to the Rules - State's action cannot be arbitrary but is subject to judicial review. [Para 9, 10, 11]

Proceedings dated 11.04.2003 - Clarification on the life of the Additional List - Additional List remains valid for six months from its announcement - Mere inclusion in the Additional List does not confer a right to appointment - Additional List ceases to operate from the date of publication of notification for subsequent recruitment of Primary School Teachers. [Para 7]

High Court's finding on the State's failure to inform the respondent about the vacancy and delays in filling up the vacancy - Irrelevant to the operation of the Rule - Operation of the Additional List depends on the time specified in the Rule, not individual candidates' knowledge. [Para 12]

State's appeal allowed - High Court's directions set aside - No order as to costs. [Para 13]

Constitutional Law - Service Law - Pension and retirement benefits for judicial officers - Recommendations of the Commission for revision of pension and other related benefits - Acceptance of recommendations by the Court - Direction to implement necessary amendments in Service Rules and clear arrears of pay - Compliance affidavits to be filed - Payment of revised rates of pension and other benefits - Further consideration of recommendations on allowances. [Para 112-115]

Constitutional Law - Service Law - Pension for retirees - No change in percentage of pension for retirees on or after 01.01.2016 - Recommendation accepted - Revised pension for retired judicial officers to be 50% of the last drawn pay - Acceptance of recommendation - Multiplier and fitment of pensioners in pay matrix - Application of multiplier of 2.81 to pensioners - Pensioners to be fitted into the pay matrix - Acceptance of recommendation - Consequential re-fixation of judicial officers who retired prior to 01.01.1996 - Benefit to be extended to pre-1996 retirees if not already granted - Accepted recommendation - Consideration of years of practice at the Bar while calculating pension - Maximum weightage of 10 years to be given - Recommendation accepted. [Para 86-93]

Constitutional Law - Service Law - Family Pension - No change in existing percentage of family pension - Payment of family pension to eligible family members after the death of the spouse - Quantum of family pension to be increased in the same manner as pension - Acceptance of recommendations. [Para 94-97]

Constitutional Law - Service Law - Additional quantum of pension/family pension - Payment of additional quantum of pension from the age of 75 years onwards - Acceptance of recommendation - Continuation of prevailing benefits up to the age of 75 years - Acceptance of recommendation. [Para 98-102]

Constitutional Law - Service Law - Gratuity - Calculation of gratuity on par with Central Civil Services (Pension) Rules, 1972 - Maximum limit of Rs. 20 lakhs, increased by 25% whenever DA rises by 50% - Acceptance of recommendations. [Para 103-106]

Constitutional Law - Service Law - Retirement age of judicial officers - No change recommended. [Para 107]

Constitutional Law - Service Law - Financial assistance in case of death - Payment of family pension and death cum retirement gratuity to spouse/dependent of deceased officer - Acceptance of recommendation. [Para 108]

Constitutional Law - Service Law - Assistance to pensioners/family pensioners - Consideration of recommendations at a later stage. [Para 109]

Constitutional Law - Service Law - Abolition of New Pension Scheme - Separate consideration after hearing states. [Para 110]

Constitutional Law - Service Law - Implementation of recommendations - Amendments to Service Rules - Compliance affidavits to be filed - Clearance of arrears of pay and pension - Payment of revised rates of pension and other benefits - Further consideration of recommendations on allowances. [Para 112-115]

Transfer Petition - Divorce proceedings - Transfer of case - Wife filed a Transfer Petition seeking transfer of the Divorce Petition filed by the husband from the Family Court in Indore, Madhya Pradesh to the Family Court in Lucknow, Uttar Pradesh - Supreme Court observed that the parties had suffered an irretrievable breakdown of marriage - Court exercised its power under Article 142 of the Constitution and closed all cases filed by the parties against each other, granting a decree of mutual consent divorce. (Para 7, 8, 9, 12)

Permanent Alimony - Quantification - Dispute regarding permanent alimony in a mutual consent divorce - Wife claimed Rs. 70,00,000 as permanent alimony, while the husband offered Rs. 25,00,000 - Supreme Court, considering the financial positions of the parties, quantified the permanent alimony at Rs. 35,00,000 - The husband was directed to pay the amount within six months from the date of the judgment. (Para 10)

Quashing of FIR and Maintenance Case - FIR filed by the petitioner's father and Maintenance Case filed by the petitioner in Lucknow were quashed by the Court. (Para 8)

Revival of Cases - It was clarified that if the respondent failed to pay the permanent alimony within the stipulated time, the quashed FIR and Maintenance Case would be revived. (Para 11)        

Criminal Law - Offences under sections 447 and 419 of the Indian Penal Code - Compoundable nature of offences - Tendering of unqualified apology by the appellant - Satisfaction expressed by the complainant - Closure of proceedings - Discharge of appellant. (Paragraphs 5, 7, 10, and 11)

Criminal Procedure - Application for discharge - Partial allowance - No ground for framing charges under sections 353/120B of the IPC and section 12 of the Prevention of Corruption Act - Prima facie material for proceeding under sections 447/419 of the IPC - Transmission of case to the court of the Additional Chief Judicial Magistrate - Challenge to the order before the High Court. (Paragraphs 2, 5, 7, 10, and 11)

High Court - Application under section 482 of the Code of Criminal Procedure - Dismissal of application - Appeal before the Supreme Court - Grant of leave to appeal - Consideration of merits of the orders passed by the Special Court and the High Court. (Paragraphs 2, 3, and 5)

Supreme Court - Discretionary power - Tendering of unqualified apology by the appellant - Satisfaction of the complainant - Closure of proceedings - Setting aside of orders - Discharge of the appellant - Special facts and circumstances of the case - No useful purpose in subjecting the appellant to trial - Appeal allowed. (Paragraphs 6, 7, 10, and 11)

Future conduct - Cautionary note to the appellant - Avoidance of recurrence of similar incidents - Appreciation for the complainant for not escalating the matter further. (Paragraphs 12 and 13)

Criminal Law - Appeal - Conviction and sentence - Quashing of conviction and sentences imposed on appellant - Heinous nature of crime - Rape and murder of a six-year-old child - Court finding multiple irregularities, contradictions, and gaps in prosecution's case and investigation - Failure to establish guilt beyond reasonable doubt - Irregularities in investigation, including changing of investigating officers, non-compliance with legal provisions, delays in sample analysis, lack of proper documentation, and unanswered questions - DNA evidence not infallible - Prosecution failing to undergo necessary lengths and efforts to prove guilt of appellant - Yawning gaps in chain of circumstances - Circumstances not conclusively pointing to appellant's guilt - Charges not proved against appellant - Role and responsibilities of investigating authorities - Failure to adhere to principles essential for successful investigations - Appeals allowed - Conviction and sentences quashed and set aside - Appellant to be set at liberty forthwith if not required in any other case. [Para 68-82]

Criminal Procedure Code, 1973 - Section 53A - Compliance with provisions - Non-compliance with requirements of Section 53A, including taking samples, maintaining chain of custody, and timely submission of samples for analysis - Unexplained delay and irregularities compromising the integrity of evidence - Failure to establish guilt beyond reasonable doubt. [Para 61-63, 75-78]

DNA Evidence - Reliability - DNA report forming part of record - Unexplained delay in sending samples for analysis - Uncompromised nature of evidence not established - DNA evidence not infallible - Circumstances not pointing conclusively to appellant's guilt - Conviction and sentences quashed and set aside. [Para 64-65, 78]