Civil Procedure – Mesne Profits – Lease Determination – Appellant liable to pay damages for use and occupation at the rate the landlord could have let out the premises post-lease expiry – Under Section 2(12) CPC, the tenant's liability for damages is based on the rate at which the landlord could have rented out the premises upon tenant's vacating – Court must determine whether the tenant could lawfully sublet the premises to derive higher profit – Supreme Court held that tenant at sufferance cannot transfer interest after lease expiry [Paras 1-5].

Transfer of Property – Tenant at Sufferance – Lease Expiry – Once the lease ends, the tenant becomes a tenant at sufferance and loses right or interest in the property – Even though under Section 108 of the Transfer of Property Act a tenant might transfer interest during the lease, post-expiry they cannot lawfully sublet or transfer the premises [Paras 6-10].

Decision – Appeals allowed in part – High Court's modification of the Single Judge's decree affirmed – Appellant liable for mesne profits as determined – Directions issued for calculating and paying the damages accordingly [Paras 11-12].

Municipal Law – Possession and Permanent Injunction – Town Planning Scheme – Land reserved for public park under the sanctioned Town Planning Scheme vested in the Municipal Committee – Plaintiff sought permanent injunction alleging possession – Courts held possession of land was already taken over by Municipality and developed as a public park – Supreme Court held plaintiff not entitled to permanent injunction – Scheme not challenged by plaintiff and deemed lapse not sought – Appeals allowed, permanent injunction set aside [Paras 1-11].

Contempt Proceedings – Status Quo Order – Context and Violation – Order of status quo regarding possession interpreted in context – Municipality’s development of land as a public park after possession does not violate status quo order – Contempt proceedings closed [Para 10].

Decision – Appeals allowed – High Court's judgment in Regular Second Appeal No. 115/1994 quashed – Trial Court's decree of permanent injunction set aside – First Appellate Court's judgment restored – Original suit dismissed – Contempt proceedings disposed of [Para 11].

Insolvency Law – CIRP Against Corporate Guarantor – Liability of Guarantor – CIRP can be initiated against the Corporate Guarantor without first proceeding against the principal borrower – Liability of the guarantor is co-extensive with that of the principal borrower – Supreme Court held that the guarantor metamorphoses into a debtor or corporate debtor if the principal borrower defaults in payment – Judgment in Laxmi Pat Surana v. Union Bank of India and Another (2021) 8 SCC 481 affirmed – Appeal dismissed [Paras 1-18].

Corporate Guarantor – Definition and Scope – Court interpreted the definitions under Section 3(7), 3(8), and 5(5A) of the IBC to include corporate persons offering guarantees for loans taken by non-corporate borrowers – Legislative intent does not exclude such guarantors from CIRP provisions [Paras 12-15].

Decision – Appeal dismissed – Concurrent findings of the Adjudicating Authority (NCLT) and the Appellate Authority (NCLAT) upheld – No interference warranted [Paras 17-18].

Constitutional Law – Compassionate Appointment – Articles 14 and 15 – Appointment on compassionate grounds cannot be extended to heirs of employees upon retirement or superannuation – Allowing such appointments would deny opportunities to outsiders who may be more meritorious or qualified – Court held that such appointments would be violative of Article 14 and Article 15 of the Constitution – Judgment and awards directing appointments to heirs of retired employees set aside [Paras 1-10].

Compassionate Grounds – Definition and Limits – Court emphasized that compassionate appointment is an exception to the normal recruitment process, intended to help families of employees who die in harness – Such appointments must consider the financial position and dependence of the family – Extending this to heirs of retired employees would defeat the purpose of compassionate appointments [Paras 3-8].

Industrial Disputes – Modification of Award – Historical Context – Judgment and award from 1981, which provided employment to heirs of retiring employees, was modified in 2005 to limit compassionate appointments to heirs of deceased employees only – Court reiterated that the modified scheme governs the appointments, not the original 1981 award [Paras 2, 6].

Decision – Appeals allowed – High Court's judgment and Industrial Court's awards quashed – Directions for compassionate appointments to heirs of retired employees set aside [Para 10].

Excise Law – Refund of Duty – Returned Goods – Section 173L of the Central Excise Act, 1944 – For refund of excise duty under Section 173L, the value of returned goods must be considered as the market value of the excisable goods and not the ex-duty or raw material value – Supreme Court held that the Department correctly determined the value of the returned goods at Rs. 8 to 10 per kg, treating them as scrap – Appeal dismissed [Paras 1-6].

Valuation – Market Value vs. Raw Material Value – Court emphasized that the statutory provision mandates considering the market value of returned goods – Submission that returned goods should be treated as raw material for valuation was rejected – Value must reflect market conditions and defects in returned goods [Paras 4-4.1].

Principles of Natural Justice – Market Survey Report – No Violation – Court found no breach of principles of natural justice in the non-supply of the market survey report to the assessee – Assessee neither requested the report nor raised the issue before the Tribunal – Such grievances cannot be raised for the first time before the High Court [Paras 3, 5].

Decision – Appeal dismissed – High Court's judgment and lower authorities' findings on the value of returned goods upheld – Denial of refund in accordance with Section 173L (v) confirmed [Para 6].

Benami Transactions – Determination of Ownership – Section 4(3)(a) of the Benami Transaction (Prohibition) Act, 1988 – Court considered the elements necessary to establish benami ownership, including the source of purchase money, possession of the property, and intention behind the transaction – Supreme Court found that the properties were purchased by the plaintiff with his funds, and his sons, being minors, had no source of income – The plaintiff's possession and management of the property were corroborated by tenant testimonies – Appeal allowed, and the suit decreed in favor of the plaintiff [Paras 1-30].

Burden of Proof – Benami Transactions – It is well established that the burden of proving a transaction as benami lies on the person alleging it – The essence of a benami transaction is the intention behind it, which must be proved by concrete evidence rather than conjectures or surmises – Court emphasized the need for the claimant to provide substantial proof of their assertion [Paras 21-23].

Concurrent Findings – Scope of Interference – Jurisdiction under Article 136 – The Court rarely interferes with concurrent findings unless there is a manifest error of law or fact leading to a miscarriage of justice – In this case, the concurrent findings were found to be erroneous based on the evidence presented [Paras 27-28].

Decision – Appeal allowed – High Court and lower court judgments set aside – Suit decreed in favor of the plaintiff – No order as to costs [Para 30].

Tender Disqualification – Grounds and Validity – Appellant disqualified from tender participation by the Board of Trustees of Jawaharlal Nehru Port Authority based on termination of a Concession Agreement by the Visakhapatnam Port Authority – High Court upheld disqualification – Appellant contended termination was retaliatory and pending arbitration – Supreme Court disposed of appeals with a broad consensus – Termination not to disqualify appellant from future tenders – Procedural fairness in disqualification processes emphasized [Paras 1-8].

Arbitration and Contractual Disputes – Pending Proceedings – Termination of Concession Agreement under arbitration – Supreme Court noted pending arbitral proceedings and agreed termination should not affect tender eligibility until resolved – Highlighted need for independent resolution of disputes without affecting unrelated tender qualifications [Paras 4-7].

Withdrawal of Writ Petition – Liberty to Challenge – Appellant withdrew writ petition challenging RFQ clause with liberty to refile – Court noted withdrawal does not influence future legal challenges – Emphasized importance of preserving legal rights to contest potentially unfair contractual terms [Paras 4.2, 9].

Decision: Civil Appeal No. 5878 of 2022 disposed of – Writ Petition No. 569 of 2022 dismissed as withdrawn with liberty to challenge validity of Clause 2.2.8 of RFQ documents in the High Court – Termination of Concession Agreement by Visakhapatnam Port Authority not to disqualify appellant from participating in future tenders by public authorities.

Criminal Law – Discharge of Accused – High Court discharged respondents accused of possessing assets disproportionate to their known sources of income under Section 13(1)(e) of the Prevention of Corruption Act – Supreme Court found High Court erred in applying legal principles, particularly in the burden of proof and scope of inquiry at the stage of framing charges – Held, burden to satisfactorily account for disproportionate assets lies on the accused once prosecution establishes prima facie case – Discharge orders set aside [Paras 1-16, 18-31, 32-33].

Burden of Proof – Section 13(1)(e) of Prevention of Corruption Act – Accused required to account for assets disproportionate to known sources of income – Burden shifts to accused to satisfactorily explain once prosecution shows prima facie disproportion – High Court incorrectly demanded prosecution to prove beyond reasonable doubt at charge framing stage – Emphasis on preponderance of probabilities for the accused's explanation [Paras 34-41, 43-46].

Income Tax Returns – Evidentiary Value – Income tax returns not conclusive proof of lawful income – High Court erred in considering income tax returns as exculpatory without trial – Court emphasized need for evaluating all evidence, including IT returns, during trial – High Court's reliance on IT returns at discharge stage inappropriate [Para 46].

Scope of Inquiry at Charge Framing Stage – Inquiry at charge framing stage limited to prima facie case assessment – Detailed examination of defense evidence not warranted – High Court's detailed consideration of accused's defense evidence at this stage was incorrect – Supreme Court reiterated limited scope for charge framing [Paras 22-24, 50-51].

Decision: Appeals allowed – High Court orders discharging the respondents set aside – Matter remanded for trial – Emphasized proper application of legal standards at charge framing stage and correct burden of proof under Section 13(1)(e) of the Prevention of Corruption Act.

Murder – Quantum of Punishment – Conviction under Section 302 IPC mandates either death or imprisonment for life along with a fine – Minimum sentence for murder under Section 302 IPC is imprisonment for life – High Court's reduction of sentence to period already undergone (approximately seven years and ten months) was held impermissible and unsustainable by the Supreme Court – Sentence less than life imprisonment for murder contrary to Section 302 IPC [Paras 1-6].

Right to Private Defence – High Court maintained conviction but gave benefit of right to private defence to respondent while reducing sentence – Supreme Court reiterated that once convicted under Section 302 IPC, the minimum sentence cannot be less than life imprisonment regardless of right to private defence considerations [Paras 3-5].

Decision: Appeal allowed – High Court's order reducing the sentence to the period already undergone set aside – Original sentence of life imprisonment restored – Respondent granted eight weeks to surrender before the concerned Court/Jail Authority to undergo life imprisonment.