Transfer of Property Act – Protection Under Section 53-A – Prerequisites Unmet – The defendants sought protection under Section 53-A of the Transfer of Property Act based on an unregistered sale agreement and possession – Held: Protection under Section 53-A is available only when the transferee fulfills all conditions, including written contract, part performance, and readiness to perform contractual obligations – Defendants failed to prove execution of the sale agreement or part performance, making the claim untenable [Paras 10-14].

Specific Relief Act – Readiness and Willingness to Perform Contractual Obligations – Mandatory Compliance – Defendants did not establish compliance with Section 16 of the Specific Relief Act, which requires proof of readiness and willingness to perform contractual obligations – Their claim for part performance was thus unsustainable [Paras 10-13].

Judicial Review – No Substantial Question of Law – The High Court rightly dismissed the second appeal for lack of a substantial question of law, affirming concurrent findings of the Trial and First Appellate Courts [Paras 8-9].

Decision: The Special Leave Petition was dismissed. The dismissal by the High Court of the claim under Section 53-A of the Transfer of Property Act was upheld.

Criminal Law – Abetment of Suicide – Ingredients for Prosecution – Section 306 IPC – Appeal challenging charges for abetment to suicide due to alleged harassment by appellants – Appellants contended lack of proximate cause and intent – Held: The charges under Section 306 IPC require proof of direct or indirect acts of instigation or aiding suicide, coupled with mens rea – Mere harassment without proximate instigation cannot sustain prosecution – Time gap of over a month between alleged instigation and suicide broke the nexus, negating abetment charges [Paras 12-14, 30-34].

Mens Rea and Proximity – Essential for Section 306 IPC – Court reiterated that abetment to suicide requires a positive act of instigation or aiding, with intent discernible on the face of the record – Proximity between the alleged act and suicide is crucial to establish the link – In this case, the time gap and intervening events nullified proximity, rendering the allegations unsustainable [Paras 19-22, 34].

Delay in Filing FIR – Impact on Credibility – The FIR filed five days post-incident introduced claims absent in the immediate Accidental Death Report – Court held such delay and inconsistency diminish credibility of allegations – Discrepancies regarding the date of mahalokadalat further weakened the prosecution case [Paras 6, 35-36].

Harassment Without Provocation – Alleged harassment of the deceased by appellants did not meet the threshold for abetment, as it lacked immediate cause or compelling circumstances forcing the deceased to act – Harassment unconnected to the act of suicide cannot substantiate charges under Section 306 IPC [Paras 23-24].

Judicial Oversight – Abuse of Process – Prosecution’s inability to establish prima facie evidence for abetment led the Court to discharge appellants – Observed continuation of proceedings without sufficient cause would amount to abuse of law [Para 37].

Decision:

Appeal allowed – Orders of the High Court and trial court quashed – Appellants discharged from Sessions Case No. 75 of 2015 – Bail bonds, if any, cancelled [Paras 38-39].

Civil Law - Limitation Act – Suit for Possession – Applicability of Article 58 vs. Article 65 – Suit originally filed for declaration of title and permanent injunction – Amendment at appellate stage to include recovery of possession – Appellants argued that the suit was barred under Article 58 of the Limitation Act (three years from when the right to sue first accrued) – Held: The relief for possession is governed by Article 65, which allows a 12-year limitation period when possession becomes adverse to the plaintiff – Appellants did not plead or prove adverse possession – Suit not barred by limitation [Paras 10-18, 21, 31-32, 39].

Amendment of Pleadings – Doctrine of Relation Back – Plaintiff amended plaint during first appeal to include recovery of possession – Appellate court allowed the amendment – Held: Amendment of pleadings relates back to the date of the original suit unless directed otherwise – Appellate courts have the same powers as trial courts to allow amendments for effective adjudication – No mala fides or prejudice found in the amendment – Amendment was necessary to resolve the dispute and did not change the nature of the suit [Paras 23-30, 39].

Possession and Title – Adverse Possession Not Proved – Title of plaintiff established by concurrent findings of all courts – Appellants in possession since 1981-82 but failed to plead or prove adverse possession – Mere possession without hostile intent or overt acts does not constitute adverse possession – Plaintiff entitled to possession based on title [Paras 9, 18, 21, 31, 33-38].

Decision – Appeal Dismissed – High Court and First Appellate Court judgments upheld – Plaintiff’s suit for possession, based on title, held to be within the limitation period under Article 65 of the Limitation Act – Appellants directed to hand over possession of the suit property [Paras 31, 39].
 

Criminal Law – Rash and Negligent Driving – Conviction under Sections 279 and 304A IPC – Petitioner driving a Qualis vehicle at high speed collided with a motorcycle, causing the death of the rider and injuries to the pillion – Trial Court convicted the petitioner, sentencing him to 6 months S.I. under Section 304A IPC and a fine of ₹1,000 under Section 279 IPC – Conviction upheld by First Appellate Court and High Court – Held: Evidence, including eyewitness testimonies and post-mortem report, established rash and negligent conduct – Road width of 24 feet negated petitioner’s claim of contributory negligence – Appeal dismissed [Paras 9-15, 17].

Eyewitness Testimony – Reliability – Allegations of Contradictions – Petitioner claimed that testimonies of PW2, PW3, and PW4 were contradictory and unreliable – Supreme Court held: Minor contradictions do not render testimonies untrustworthy – Testimonies corroborated by documentary evidence, including spot sketch and MVI report [Paras 7-12].

Section 304A IPC – Leniency in Sentencing – Petitioner pleaded for conversion of sentence to fine citing personal hardships – Supreme Court declined, holding that the petitioner’s actions caused the death of one person and injuries to another – No justification for leniency in the circumstances [Paras 18-19].

Decision – Appeal Dismissed – Conviction and sentence of 6 months S.I. under Section 304A IPC and fine under Section 279 IPC upheld – No interference warranted by the Supreme Court [Paras 19-20].

Contract Law – Specific Performance – Discretion Under Section 20 of the Specific Relief Act, 1963 – Plaintiff sought specific performance of a registered agreement of sale – Trial Court decreed the suit, directing the defendants (widow and minor son of the vendor) to execute the sale deed – High Court reversed the decree, citing hardship to defendants, as they would be rendered homeless – Supreme Court held: Hardship under Section 20(2)(b) must be unforeseen at the time of contract and supported by cogent evidence – Defendants failed to establish such hardship – High Court erred in setting aside the decree for specific performance – Trial Court decree restored with modification of consideration amount [Paras 27-43].

Readiness and Willingness – Essential Requirement – Plaintiff’s readiness and willingness to perform his part of the contract was pleaded and proved – Trial Court’s finding on this issue was affirmed by the Supreme Court – High Court did not disturb this finding, nor was it a ground for denying specific performance [Paras 31, 41].

Equitable Relief – Balancing Hardship – Although the contract was specifically performable, Supreme Court increased the balance consideration amount payable by the plaintiff from ₹13,50,000 to ₹20,00,000 – Relief granted while considering the widow and minor son’s circumstances, balancing equities [Paras 46-47].

Decision – Appeal Allowed – High Court judgment set aside – Specific performance decreed in favor of the plaintiff with enhanced balance consideration of ₹20,00,000 – Defendants directed to execute the sale deed upon receipt of the enhanced consideration – Appeal disposed of accordingly [Paras 43-48].

Service Law - Temporary Employment – Regularization – Compliance with Uma Devi Principles – Appointments not illegal but irregular – The appellants, engaged on part-time contractual terms for over a decade, sought regularization alleging their roles were integral to the Central Water Commission's operations – High Court and Tribunal dismissed their claim citing lack of sanctioned posts and educational qualifications – Held: Long-serving temporary employees performing essential, ongoing functions are entitled to fair consideration for regularization – Directions issued to reinstate and regularize the appellants' services with continuity but no back wages [Paras 10, 12, 13, 20, 28].

Employment Rights – Discrimination – Equality under Articles 14 and 16 – Disparity in Treatment – Appellants highlighted instances of individuals with similar or lesser service being regularized despite lacking requisite qualifications – Court held such preferential treatment to be discriminatory and contrary to constitutional guarantees of equality [Paras 17-19].

Labour Standards – Temporary Contracts and Outsourcing – Arbitrary Termination – Criticized misuse of temporary appointments and outsourcing to evade obligations of fair employment – Court emphasized government institutions' duty to uphold labour standards and prevent exploitation [Paras 22-26].

Termination without Notice – Violation of Natural Justice – The abrupt dismissal of appellants without a hearing violated established principles of fairness – Orders quashed as arbitrary and unlawful [Paras 14, 28].

Educational Qualifications – Relevance to Work – Tasks like cleaning and maintenance do not inherently mandate formal education – Denial of regularization based on qualifications deemed unreasonable in the present case [Para 17].

International and Comparative Labour Practices – Reference to ILO and U.S. Case Law – Insights on misclassification and exploitation of temporary workers – Stressed the need for adherence to global best practices in employment standards [Paras 23-25].

Decision: Appeals allowed. Orders of High Court and Tribunal set aside. Termination orders dated 27.10.2018 quashed. Appellants reinstated with regularization but without back wages.

Civil Law - Registration of Documents – Scope of Section 17(2)(vi) of the Registration Act, 1908 – Compromise Decrees – Exemption provided under Section 17(2)(vi) of the Registration Act applies to compromise decrees when they do not create new rights but recognize pre-existing rights – Appellant claimed ownership and continuous possession over the subject land through a compromise decree, asserting pre-existing rights – Held: The decree did not require registration as no new right, title, or interest was created [Paras 8, 12-13].

Stamp Duty – Indian Stamp Act, 1899 – Compromise Decree and Mutation – Applicability of Duty – Compromise decrees recognizing pre-existing rights are not chargeable with stamp duty under Section 3 of the Indian Stamp Act, 1899 – Held: Stamp duty determination under Article 22 of Schedule IA of the Indian Stamp Act was erroneous, as the decree only reaffirmed the pre-existing title and interest, and no conveyance of new rights occurred [Paras 13-14].

Adverse Possession – Title Claims – Continuous Possession and Pre-existing Rights – Recognition of title through adverse possession must be seen as asserting pre-existing rights – Referring to Ravinder Kaur Grewal v. Manjit Kaur (2019) 8 SCC 729, the Court reaffirmed that adverse possession confers a possessory title usable as a sword for declaratory suits – Held: The appellant’s possession was continuous, conferring rights over the disputed land [Paras 11, 12].

Judicial Findings – Collusion Allegations – Burden of Proof – Allegations of collusion between parties in compromise proceedings require concrete evidence – No such evidence was presented by Respondent No. 1 to substantiate collusion – Held: Compromise decree binding and valid in the absence of contrary findings by a court [Paras 12, 20].

Mutation and Stamp Duty – Mutation proceedings arising from compromise decrees reflecting pre-existing rights are exempt from stamp duty – The Collector’s determination of duty under Article 22 was quashed as inconsistent with the legal framework [Para 14].

Appeal allowed – Impugned order of the High Court quashed – No stamp duty payable for the mutation of the subject land, and the compromise decree does not require registration. Directions issued to update the revenue records to reflect the appellant's ownership [Paras 14-15].

Criminal Procedure – Anticipatory Bail – Factors to Consider – High Court granted anticipatory bail to respondents accused under Sections 302, 341, 323, 307, 504, and 34 of IPC – Appellant challenged the order, citing specific allegations in FIR and chargesheet indicating respondents’ involvement in setting the deceased ablaze with intent to kill – Supreme Court held: High Court failed to consider the nature and gravity of the offence, role of the accused, and materials on record – Anticipatory bail granted in a cryptic and mechanical manner without application of judicial mind – Impugned order set aside [Paras 6, 12-14].

Criminal Law – Murder – Anticipatory Bail Rejected – Respondents accused of pouring kerosene oil on the deceased and setting him on fire, resulting in death – Investigation found allegations true, with chargesheet naming all accused – Supreme Court held: Such heinous crimes necessitate careful judicial scrutiny before granting anticipatory bail – High Court’s order quashed, and respondents directed to surrender – Liberty granted to seek regular bail before Trial Court [Paras 4-7, 13-15].

Judicial Discretion – Grant of Bail – Application of Law – Supreme Court reiterated principles laid down in Sushila Aggarwal v. State (NCT of Delhi) regarding the exercise of discretion in granting anticipatory bail – Nature and gravity of the offence, specific allegations, and evidence must guide judicial decisions – Cryptic or mechanical orders undermine justice delivery [Paras 12-14].

Decision – Appeal Allowed – High Court’s order granting anticipatory bail set aside – Respondents directed to surrender within four weeks – Trial Court to consider applications for regular bail on their merits, uninfluenced by observations in this judgment [Para 15].
 

NDPS Act – Grant of Bail – Procedural Compliance under Section 52A – The High Court granted bail solely on the grounds of delayed compliance with Section 52A concerning disposal of seized narcotics – Held: The delay in compliance constitutes a procedural irregularity but not an illegality vitiating the trial. Bail under the NDPS Act requires compliance with Section 37’s twin conditions, which the High Court failed to evaluate, rendering its order untenable [Paras 8-10, 24-27, 40].

Judicial Interpretation – Literal vs. Liberal Approach in NDPS Cases – Provisions of the NDPS Act must be interpreted literally to uphold the stringent intent of the legislature, avoiding constructions that undermine its objectives. Procedural lapses like delayed compliance with Section 52A are insufficient grounds for bail without demonstrating prejudice to the accused [Paras 7, 39(i)-(ii)].

Statutory Presumptions – Section 54 NDPS Act – Burden on Accused – The statutory presumption of guilt under Section 54 remains unchallenged unless rebutted during trial. Granting bail merely due to procedural lapses disregards the substantive evidence, undermining the Act’s deterrent purpose [Paras 24-25].

Admissibility of Evidence – Procedural Irregularities in Search and Seizure – Illegally or irregularly conducted searches do not inherently render evidence inadmissible unless tampering or prejudice to the accused is proved. Properly documented primary evidence like panchnamas retains its evidentiary value [Paras 26-33].

Decision: The appeal was allowed. The High Court’s order granting bail to the respondent was set aside. The case was remanded to the High Court for fresh consideration, directing adherence to the conditions under Section 37 NDPS Act. The respondent was granted an extended bail period of four weeks, within which the High Court was requested to decide the application.