Service Law – Selection Process – Allegation of Nepotism – Rule against Bias – Validity of Appointments Upheld – The selection of Shiksha Karmis was challenged on the ground that several appointees were related to members of the selection committee, violating the principle of nemo judex in causa sua – The Collector quashed the selection without issuing notices to the affected candidates – Held: Mere suspicion of bias without proof is insufficient – The presence of related members did not vitiate the process as they had recused themselves – The challenge based on bias was unfounded – Appeal allowed, selection upheld.

Principles of Natural Justice – Right to Fair Hearing – Violation Rendered Selection Invalid – Audi Alteram Partem Violated – The appointments were canceled without affording the selected candidates an opportunity to be heard – Held: The failure to serve notice to the affected parties was a gross violation of the principles of natural justice – Opportunity of hearing is a fundamental procedural safeguard – The absence of notice rendered the cancellation void ab initio – Appeal allowed, appointments reinstated.

Judicial Review – Appellate Proceedings – Whether Violation of Natural Justice at Initial Stage Can Be Cured in Appeal – No Cure at Appellate Stage – The respondents contended that the hearing before the Revisional Authority rectified any prior defect – Held: The lack of fair hearing at the original stage cannot be remedied at the appellate stage – The procedural flaw at the initial stage irreversibly tainted the entire process – A valid initial decision is a prerequisite for a meaningful appellate review – Appeal allowed, original orders quashed.

Service Law – Continuity of Service – Remedy – Given the long passage of time (over 25 years) since the appointments, remanding the matter for fresh consideration would cause injustice to the appointees – Held: The appointments stand upheld, and no fresh inquiry shall be ordered – The appeal is allowed, and the appointees are entitled to continue in service – Appeal allowed, no further proceedings necessary.

Decision: Supreme Court upheld Justice KV Vishwanathan’s opinion – Appeal allowed – Judgment of the Division Bench set aside – Selection restored as appellants had served for over 25 years – Remanding the matter for fresh consideration would be impractical – Parties to bear their own costs

Condonation of Delay – Delay of 586 Days in Filing Appeal – High Court’s Decision Set Aside – The High Court condoned the delay of 586 days in filing the appeal by subsequent purchasers, reasoning that they were senior citizens residing abroad and were unaware of the proceedings – Held: Mere passage of time or reliance on vendor’s assurances is not a sufficient ground for condonation – Delay was unexplained and unreasonable – High Court erred in condoning the delay and allowing the appeal – Appeal allowed, delay condonation set aside [Paras 23-24].

Right to Appeal – Grant of Leave to Appeal – Rejection of Impleadment Application – Whether Subsequent Purchasers Can Appeal Against Final Decree – The subsequent purchasers had sought impleadment in the trial court, which was rejected, and the order attained finality – Held: Once impleadment was denied and not challenged, they had no right to seek leave to appeal against the final decree – Findings of the trial court rejecting their impleadment operated as res judicata – High Court’s order granting leave to appeal was unsustainable – Appeal allowed, leave to appeal set aside [Paras 42-43].

Doctrine of Lis Pendens – Section 52 of the Transfer of Property Act – Rights of Transferee Pendente Lite – The subsequent purchasers bought the property while a suit for specific performance was pending and in violation of an injunction order – Held: Transfers made pendente lite are not void ab initio but remain subject to the outcome of litigation – Such transferees cannot claim independent rights against a decree that binds their vendor – They are bound by the outcome of the litigation and have no right to challenge the decree independently – Appeal allowed, rights of the original plaintiffs upheld [Paras 46-48].

Judicial Discretion – Grant of Leave to Appeal – Limits of Appellate Court’s Power – Appeal Allowed – A person who is not a party to the original suit can appeal only if they are directly and adversely affected – The appellate court’s discretion to grant leave should be exercised judiciously and not as a matter of routine – Held: The High Court wrongly exercised its discretion by granting leave to appeal to persons who had no standing – Appeal allowed, High Court’s order quashed [Paras 56-58].

Criminal Law – Murder – Appeal against conviction - Reliability of Eyewitness Testimony – The conviction of the appellant was primarily based on the statements of two eyewitnesses (PW-4 and PW-5) – Both witnesses made material omissions in their testimonies regarding the stabbing incident – Their statements contradicted each other and were not supported by independent evidence – Held: Eyewitness testimony does not inspire confidence and is insufficient for conviction [Paras 6-7].

Criminal Law – Material Omissions as Contradictions – Section 162, CrPC – The eyewitnesses failed to mention critical details in their statements to the police, including the number of stab wounds, proximity to the scene, and presence of other witnesses – Held: Such omissions amount to contradictions under Explanation to Section 162 CrPC, affecting the credibility of the prosecution case [Para 7].

Criminal Law – Delay and Failure in Reporting – Conduct of Witnesses – The eyewitnesses did not attempt to take the deceased to the hospital or report the incident immediately to the police – One witness claimed to have informed a third party (Sumesh), but this individual was never examined – Held: The unnatural conduct of witnesses casts doubt on their credibility [Para 7].

Criminal Law – Value of Recovery under Section 27, Evidence Act – The only remaining evidence was the recovery of the knife at the appellant’s instance – Relying on Manoj Kumar Soni v. State of M.P., (2023) SCC OnLine SC 984, the Court reiterated that disclosure statements alone, without corroboration, are insufficient for conviction – Held: In absence of credible eyewitness testimony, mere recovery of the weapon cannot sustain the conviction [Paras 8].

Criminal Law – Acquittal – Benefit of Doubt – The prosecution failed to establish the appellant’s guilt beyond a reasonable doubt due to contradictions, omissions, and unreliable witness testimony – Held: Conviction under Section 302 IPC set aside – Appellant acquitted – Immediate release ordered [Para 9].

Decision: The impugned judgment of the Kerala High Court (07.09.2016) and the Trial Court (09.10.2012) are quashed – Appellant acquitted – Directed to be released immediately unless required in any other case [Para 9-10].
 

Matrimonial Law - Presumption of Legitimacy – Paternity and Legitimacy under Section 112, Indian Evidence Act – Conclusive Proof – DNA Test Not Ordered – The Supreme Court held that a child born within a valid marriage is conclusively presumed to be legitimate unless non-access between spouses is proved – Mere allegations of an extramarital relationship or an additional access do not displace this presumption – A DNA test cannot be ordered unless a prima facie case for non-access is made out – In this case, since the child's mother and her husband cohabited during conception, legitimacy remains conclusive, and paternity is not open for determination [Paras 9-20].

Jurisdiction of Family Court – Determination of Paternity vs. Legitimacy – Original Suit by Civil Court Valid – The Family Court, while determining maintenance, does not have independent jurisdiction to determine paternity where legitimacy is already conclusively presumed – The Civil Court (Munsiff Court) and Subordinate Judge had jurisdiction over the issue of legitimacy – The Family Court erred in reopening maintenance proceedings based on an independent determination of paternity, as it was beyond its jurisdiction [Paras 21-32].

Res Judicata – Finality of Civil Court’s Finding – Reopening of Maintenance Petition Barred – The Supreme Court held that the issue of legitimacy was conclusively decided in favor of the appellant by three courts, including the High Court – Reopening the maintenance petition in 2015 was impermissible as the issue had attained finality – Permitting such a challenge would open floodgates for endless litigation, which is against the doctrine of res judicata [Paras 33-42].

Right to Privacy and Dignity – No DNA Test Without Sufficient Grounds – Balancing Interests – The Supreme Court underscored that compelling an individual to undergo a DNA test without a strong prima facie case violates the right to privacy and dignity – The respondent’s claim of wanting to establish paternity was outweighed by the adverse effects of compelling the appellant to undergo a test, as it could lead to unwarranted social stigma and personal distress [Paras 43-55].

Revival of Maintenance Petition – Self-Imposed Condition by Family Court – Validity – The Family Court had earlier imposed a condition that the maintenance proceedings could only be reopened if an appeal in the civil suit favored the respondent – Since no such relief was granted in appeal, the self-imposed condition stood valid, and the Family Court erred in reviving the petition [Paras 56-65].

Decision – Appeal Allowed – High Court and Family Court Orders Set Aside – The Supreme Court held that the High Court and Family Court orders were erroneous – The Family Court had no jurisdiction to determine paternity independent of legitimacy – The maintenance petition was barred by res judicata – No DNA test could be ordered – The respondent remains presumed as the legitimate child of Mr. Raju Kurian, and the appellant has no obligation to provide maintenance [Paras 66-70].

Criminal Law – Murder – Rape – Circumstantial Evidence – Death Sentence – Admissibility of Electronic Evidence - Conviction and Death Sentence – Appeal Against High Court Judgment – Appellant convicted for offences under Sections 302, 364, 366, 376(2)(m), 376A, 392 read with 397, and 201 IPC – Sentenced to death for murder (Section 302 IPC) and various terms of rigorous imprisonment for other offences – Conviction and sentence upheld by Bombay High Court – Appeal before Supreme Court challenging the conviction and sentence primarily on circumstantial evidence and procedural lapses in electronic evidence [Paras 1-3].

Prosecution Case – Victim’s Last Seen Circumstances – Discovery of Dead Body – Victim (EA), a 23-year-old woman, last contacted her father (PW-26) while traveling to Mumbai by train on 04.01.2014 – After arrival in Mumbai, she went missing – Decomposed and partly burnt body discovered near Express Highway on 16.01.2014 – Identified by father based on a ring on her finger – FIR registered under Sections 302 and 201 IPC – Post-mortem confirmed death due to head injury, smothering, and genital injuries, suggesting sexual assault [Paras 2-6].

Circumstantial Evidence – Last Seen Theory – CCTV Footage – Prosecution relied on CCTV footage from Lokmanya Tilak Terminus (LTT) Railway Station showing Appellant loitering on platform at 4:50 AM on 05.01.2014 – Alleged that Appellant was last seen leaving with the victim – Witnesses (PW-26, PW-27) identified Appellant and victim separately in the footage – Defense challenged authenticity of CCTV footage due to lack of Section 65-B certificate under the Indian Evidence Act – Supreme Court held that electronic evidence without certification is inadmissible – CCTV footage excluded from consideration [Paras 16, 24-51].

Admissibility of Electronic Evidence – Section 65-B Compliance – CCTV footage relied upon by prosecution was not supported by a valid Section 65-B(4) certificate – Supreme Court reaffirmed that a certificate under Section 65-B is mandatory for admissibility of electronic records – Rejected prosecution's attempt to rely on footage without certification – Following precedents in Anvar P.V. v. P.K. Basheer and Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal, Supreme Court excluded CCTV footage from evidence – Held: The entire case hinged on CCTV footage, and without it, circumstantial evidence was incomplete [Paras 35-50].

Circumstantial Evidence – Burden of Proof – Requirement of a Complete Chain of Evidence – Acquittal – Prosecution must establish a complete and unbroken chain of circumstances leading only to the guilt of the accused while ruling out any other hypothesis – The circumstances must be fully established and not based on conjecture or suspicion – Held: The prosecution failed to satisfy this standard, and the accused is acquitted [Paras 121-123].

Last Seen Theory – Unreliable Witnesses – Delay in Recording Statements – Witnesses PW-20 and PW-21, who allegedly last saw the deceased with the accused, had their statements recorded more than two months after the incident – Delay was unexplained, and testimonies contained contradictions – Held: The last seen theory is unreliable and does not conclusively establish the appellant’s guilt [Paras 70-76].

Test Identification Parade (TIP) – Media Exposure of Accused – Unreliable Identification – Identification parade conducted on 25.03.2014 lacked credibility as the accused’s photograph was widely circulated in newspapers and media from 04.03.2014 – Witnesses had prior exposure, rendering the TIP unreliable – Held: Identification parade evidence cannot be relied upon to sustain conviction [Paras 72-74, 110].

Extra-Judicial Confession – Weak Evidence – Lack of Corroboration – Alleged confession to PW-9 was uncorroborated and contradicted by other evidence – PW-9 had prior conflicts with the accused and was taken into police custody earlier – No material particulars supported his claim – Held: Extra-judicial confession is inadmissible and unreliable [Paras 108-110].

Recovery of Material Objects – Lack of Proper Corroboration – Failure to Establish Ownership – Trolley bag allegedly recovered from Nashik and items found in appellant’s sister’s house were not conclusively linked to the appellant – Witnesses were coerced, and recoveries were from open places accessible to others – Held: Mere recovery of objects does not establish guilt in the absence of conclusive proof [Paras 113-120].

Weaknesses in Investigation – Delay in Recording Statements – Contradictions in Testimonies – Statements of key witnesses were recorded months after the incident without explanation – Physical descriptions of the accused given by different witnesses were surprisingly identical despite being recollected after a significant time lapse – Held: Prosecution failed to establish an unbroken chain of circumstances pointing solely to the guilt of the accused [Paras 70-73, 103-107].

Failure to Rule Out Other Hypotheses – Standard for Conviction in Circumstantial Evidence Cases – The prosecution did not prove the accused’s exclusive possession of the crime scene – The time gap between the "last seen" evidence and the discovery of the body was significant, making it possible for another person to have committed the crime – Held: In cases based on circumstantial evidence, every link in the chain must be conclusively proven, which was not done in this case [Paras 75-77, 121-123].

Acquittal – Failure to Prove Guilt Beyond Reasonable Doubt – Prosecution case relied entirely on circumstantial evidence with multiple gaps in the chain – Key witnesses' testimonies were unreliable, and recoveries did not conclusively establish the accused’s involvement – Held: Conviction and death sentence set aside, and appellant acquitted [Paras 123-124].

Criminal Law – Common Intention under Section 34 IPC – Mere Presence Insufficient for Conviction – The Supreme Court held that for applying Section 34 IPC, prosecution must prove prior meeting of minds and a common intention to commit the crime – The High Court erred in convicting the appellants solely on the ground that they were present in the same vehicle as the main accused – No evidence was adduced to show that the appellants had knowledge of, or participated in, the crime [Paras 25-35].

Appeal Against Acquittal – Scope of Appellate Review – High Court’s Reversal of Acquittal Set Aside – The Supreme Court reiterated that interference with acquittal is justified only if the trial court's findings are perverse, unreasonable, or based on misreading of evidence – The trial court's view that the appellants had no common intention was a possible and reasonable view – The High Court erred in reversing the acquittal without finding any perversity in the trial court's reasoning [Paras 36-50].

Section 34 IPC – No Prior Planning or Shared Intention – Conviction Not Sustainable – The Supreme Court emphasized that under Section 34 IPC, conviction requires proof that all accused acted in concert with pre-planned intent – The prosecution failed to establish that the appellants had any role beyond accompanying the shooter – Held: Mere presence in the vehicle with the shooter does not establish common intention, and thus conviction was unsustainable [Paras 51-60].

Precedents on Common Intention – Judicial Approach in Cases of Group Offenses – The Supreme Court referred to its judgments in Gadadhar Chandra v. State of West Bengal, Jasdeep Singh v. State of Punjab, and Madhusudan v. State of Madhya Pradesh, reaffirming that conviction under Section 34 IPC requires clear evidence of active participation and common intention – The High Court failed to apply this principle correctly [Paras 61-70].

Decision – Appeals Allowed – Acquittal Restored – High Court Judgment Set Aside – The Supreme Court quashed the conviction under Section 302/34 IPC – Restored the trial court’s acquittal order – Held that the appellants did not share common intention and their conviction was legally unsustainable [Paras 71-75].

Court Fees – Refund of Court Fees – Section 16, Court Fees Act, 1870 – Not Entitled – The petitioner sought a refund of court fees paid at various stages of litigation, arguing that the case was decided based on a settlement – The High Court rejected the plea, holding that refund is permissible only when the matter is referred to arbitration, conciliation, judicial settlement, including through Lok Adalat or mediation – Held: As the settlement was reached privately and not through any recognized dispute resolution mechanism, the petitioner is not entitled to a refund – Special Leave Petition dismissed [Paras 6, 7, 8].

Decision: The Supreme Court held that refund of court fees is permissible only when the case is settled through arbitration, conciliation, judicial settlement, Lok Adalat, or mediation – As the settlement in the present case was out-of-court and not through any recognized dispute resolution mechanism, the petitioner is not entitled to a refund – Special Leave Petition dismissed [Para 9].

Referred Cases:

• State of Punjab vs. Jalour Singh, (2008) 2 SCC 660

• High Court of Judicature at Madras vs. M.C. Subramaniam & Ors., (2021) 2 SCC 243

• Delhi Transco Ltd. vs. GMR Ambala Chandigarh Expressways Pvt. Ltd., (2022) SCC OnLine Del 3787

Arbitration Law – Jurisdiction under Sections 34 and 37 of the Arbitration and Conciliation Act, 1996 – Scope of Interference – Division Bench of High Court erroneously interfered with concurrent findings of DRB, Arbitral Tribunal, and Single Judge – Limited scope under Sections 34 and 37 reiterated – Division Bench's interpretation of Clauses 51 and 52 as "unreasonable" held erroneous – Judgment of Division Bench set aside – Arbitral award restored – Held: Courts must exercise restraint to uphold the objectives of the 1996 Act [Paras 25-43].

Variation in Quantity – Clauses 51 and 52 of GCC and COPA – Variation must be instructed to attract Engineer's power to renegotiate rates – Provisions for uninstructed variations clarified – DRB and Arbitral Tribunal found no instructed variation or change in design – Increased geogrid quantity required due to erroneous estimate in BOQ – Contractual provisions for BOQ rates upheld – Division Bench's broader interpretation of "variation" rejected as contrary to contract [Paras 29-34].

Arbitral Tribunal – Findings and Interpretation – Arbitrators' interpretation of contractual clauses upheld as reasonable and plausible – Division Bench erred in overturning technical findings without justification – Courts emphasized not to sit in appeal over arbitral decisions unless findings are perverse or shock judicial conscience [Paras 22-26, 37-41].

Public Policy of India – Scope under Section 34(2)(b)(ii) – Public policy includes fundamental principles of law, justice, and morality – Interference justified only for patent illegality or perverse findings – Division Bench's conclusion of "shocking the conscience" unwarranted in the absence of evidence [Paras 36-42].

Decision: Appeal allowed – Judgment of Division Bench under Section 37 of the Arbitration and Conciliation Act, 1996 set aside – Arbitral award restored – No order as to costs [Paras 43].

LPG Distributorship – Disqualification Alleged – Appellant challenged allotment of LPG distributorship to the 4th respondent on the ground of offering the same land by two applicants – High Court dismissed the challenge – Guidelines required land ownership or lease on the date of application – Affidavits executed at the time of field verification found permissible – Alternate land offered by the 4th respondent in light of the lessor’s shifting stance was accepted as per guidelines – No infirmity found in allotment process – Appeal dismissed [Paras 3-13].

Land Ownership and Lease – Guidelines Interpretation – Land offered by the 4th respondent found distinct and separate from that of the other applicant despite being owned by the same lessor – Guidelines permitted affidavits of co-owners or joint lessees at the stage of field verification – High Court held that co-owners’ consent was unnecessary as the land was under the sole lease of the 4th respondent – Alternate land offered met specifications under guidelines and did not substantiate any disqualification [Paras 7-11].

Alternate Land – Flexibility in Guidelines – Reliance on judgment in Mrinmoy Maity Vs. Chhanda Koley – Alternate land could be offered where the original land became unsuitable – 4th respondent offered alternate land due to disputes with the lessor – Guidelines provided for such flexibility – No prejudice or illegality found in the Corporation's acceptance of the alternate land [Para 12].

Decision: Civil Appeal dismissed – No evidence of disqualification or violation of guidelines – Alternate land acceptance upheld as per revised guidelines – Costs to be borne by respective parties [Paras 13-14].