Civil Procedure – Second Appeal – Section 100 CPC – Supreme Court held that the High Court must frame substantial questions of law before deciding a second appeal – The requirements of sub-sections (4) and (5) of Section 100 CPC are mandatory – The High Court’s failure to frame such questions and its reappraisal of evidence to disturb concurrent findings of lower courts was beyond its jurisdiction [Paras 21-22].

Specific Relief – Section 19(b) Specific Relief Act – The appellant, a bona fide purchaser for value without notice of the original contract, was protected under Section 19(b) of the Specific Relief Act – The Supreme Court emphasized that the subsequent purchasers had paid money in good faith and were unaware of the original contract, thus specific performance could not be enforced against them – The High Court's interference with the trial court and first appellate court’s findings was unwarranted [Paras 24-25].

Adverse Possession – Not addressed due to concurrent claims of title by both parties – The Supreme Court focused on the decree obtained by the respondent for specific performance and the awareness of prior registered transactions, which invalidated the respondent's claim [Paras 23-25].

Decision – Appeals allowed – The High Court's judgment set aside – The suit of the respondent dismissed in accordance with the trial court's and first appellate court’s judgments [Paras 27-28].

Limitation for Filing Applications – Domestic Violence Act – Section 12 Applications – Interpretation of Limitation – High Court erroneously applied limitation period of one year from the date of the alleged act of domestic violence for filing an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 – Supreme Court clarified that the limitation prescribed under Section 468 of CrPC applies to the commission of an offence under the Act, not to the filing of an application under Section 12 – Breach of an order passed under Section 12 constitutes an offence, thus starting the limitation period [Paras 15-20].

Procedure and Jurisdiction – Distinction between Complaint and Application – Proceedings under Domestic Violence Act – Supreme Court emphasized the difference between a complaint under CrPC and an application under Section 12 of the Domestic Violence Act – High Court’s error in equating an application under Section 12 with lodging of a complaint for the purposes of limitation [Paras 19-20].

Continuing Offence – Domestic Violence – Allegations after Long Intervals – Magistrate to consider whether allegations constitute a continuing offence – Periods of inaction or absence of allegations do not necessarily bar proceedings if the wrong is continuing [Paras 21-22].

Decision: Appeal allowed – High Court’s view set aside – Case remanded to Magistrate for consideration on merits – Respondent-husband to file response within two weeks – Magistrate to proceed in terms of the provisions of the Domestic Violence Act [Paras 23-25].

Environmental Law – Eco-sensitive Zone – Mount Abu – The NGT based its judgment on the Expert Committee's report that declared the appellant's land unfit for construction due to its ecological sensitivity – The Supreme Court upheld the NGT's decision, emphasizing the precautionary principle and the necessity of protecting fragile ecosystems – The report's recommendations were found to be based on authentic data and field visits, justifying the restriction on construction activities to preserve the wildlife habitat and prevent soil erosion [Paras 1-19].

Jurisdiction of NGT – The Supreme Court reiterated that the NGT has the jurisdiction to adjudicate on environmental issues and substantial questions arising out of the implementation of statutes mentioned in Schedule I of the NGT Act, including the Environment (Protection) Act, 1986 – The NGT's directive to amend the Zonal Master Plan 2030 was within its jurisdiction and consistent with its mandate to ensure environmental protection [Paras 17-21].

Precautionary Principle – The Court highlighted the importance of the precautionary principle, which mandates anticipatory action to prevent environmental harm – It stated that where there are threats of serious or irreversible damage, lack of full scientific certainty should not be used as a reason for postponing preventive measures – The Expert Committee’s recommendations were aligned with this principle [Paras 25-33].

Decision – Appeals dismissed – The Supreme Court upheld the NGT's orders directing the amendment of the Zonal Master Plan 2030 to bring it into conformity with the ESZ Notification and the precautionary principle – Construction on the appellant's land was prohibited to preserve the ecological balance [Para 35].

Service Law – Overseas Deputation – The Supreme Court held that a deputation involves a tripartite consensual agreement between the lending employer, borrowing employer, and the employee – The respondent failed to provide cogent evidence that the appellant was seconded to work overseas on deputation – A transient business visit without any written agreement detailing terms of deputation does not qualify as deputation – The suit for recovery instituted by the respondent was dismissed [Paras 1-12].

Employer-Employee Relationship – Rights and Obligations – The Court emphasized that specific rights and obligations bind parties involved in a deputation, and the employer must lead evidence to indicate the terms of such deputation – The appellant’s trip was a business visit, not a deputation, and thus she was not liable for the expenses incurred by the respondent [Paras 10-11].

Harassment and Legal Costs – The Court noted that the appellant had been subjected to needless harassment and embroiled in litigation due to her complaints about workplace conditions – The appellant was awarded litigation costs to send a strong message against such employer actions [Paras 12-13].

Decision – Appeal allowed – The judgment of the High Court was set aside – The suit for recovery instituted by the respondent was dismissed – The appellant was awarded costs of Rs 1 lakh to be paid by the respondent within one month [Paras 12-14].

Security Lapse – Prime Minister's Visit – The Supreme Court addressed a significant security breach incident during the Prime Minister’s visit to Punjab – The Court emphasized the need for a judicially trained independent enquiry to determine the causes, responsibility, and remedial measures for such a breach – An Enquiry Committee was appointed comprising Justice Indu Malhotra, former Judge of the Supreme Court, and other senior officials – The Court directed the State and Central Governments to cooperate and assist the Committee, with all ongoing enquiries kept in abeyance until the Committee submits its report [Paras 1-19].

Terms of Reference – The Enquiry Committee was tasked with identifying the causes of the security breach, determining responsibility, recommending safeguards for the security of the Prime Minister and other protectees, and suggesting measures for improving the safety of other Constitutional functionaries – The Committee was instructed to submit its report at the earliest [Paras 14-15].

Cooperation and Compliance – The Supreme Court directed the relevant authorities to provide full support to the Enquiry Committee, ensuring access to all necessary records and resources – The records seized pursuant to the Court's order were to be handed over to the Chairperson of the Committee within three days [Paras 16-17].

Decision – The Court established the Enquiry Committee and outlined its terms of reference – The ongoing enquiries by the Central and State Governments were to be paused until the Committee's report was submitted – The matter was to be listed after the receipt of the Committee’s report [Paras 18-19].

Constitutional Law – Writ Petition – Article 226 – The Supreme Court reiterated that when an effective alternative remedy is available under a statutory framework, writ petitions under Article 226 should not be entertained – The High Court erred in entertaining the writ petitions filed by the borrowers against the SARFAESI notice and granting an ex-parte interim order directing status quo, which seriously impacted the financial health of the secured creditor [Paras 10-13].

SARFAESI Act – Sections 13(4) and 17 – The Court emphasized that the borrowers should have availed the statutory remedy under Section 17 of the SARFAESI Act by approaching the Debt Recovery Tribunal (DRT) instead of filing writ petitions – The High Court's interim orders were set aside as they were passed without considering the statutory provisions and existing legal precedents [Paras 9-13].

Abuse of Process – The Court noted that the writ petitions filed by the borrowers were an abuse of process and aimed at stalling the recovery process initiated by the secured creditor – The ex-parte interim relief granted by the High Court was unjustifiable and adversely affected the rights of the secured creditor to recover the dues [Paras 13-14].

Decision – Appeals allowed – The High Court's interim orders directing status quo were set aside – Writ petitions filed by the borrowers before the High Court were dismissed – Costs of Rs. 1 lakh were awarded to the appellant, payable by the original writ petitioners within four weeks [Paras 14-14].

Pension Scheme – Vested Rights – Supreme Court upheld the vested rights of the employees under the bank pension scheme introduced on 1st April 1989 – The Court held that the retrospective amendment made on 11th March 2014, which discontinued the pension scheme, violated Articles 14 and 16 as it took away accrued rights of the employees – The Court emphasized the importance of ensuring socio-economic security for employees, and the non-availability of financial resources was not a valid defense for the bank to withdraw the vested rights of the employees [Paras 42-56].

Jurisdiction – Punjab Cooperative Societies Act – The amendments made under Section 84A(2) were found to be within jurisdiction, but the retrospective application taking away vested rights was impermissible – The amendments cannot alter the accrued rights of employees who were already receiving pension under the scheme introduced in 1989 [Paras 10-20].

Financial Viability – The bank’s plea of financial distress to justify the discontinuation of the pension scheme was rejected – The Court noted that financial constraints do not justify taking away the vested rights of employees – The bank must find alternative resources to ensure the continuation of pension payments to retirees [Paras 54-55].

Decision – Appeals dismissed – The amendment dated 11th March 2014 was declared inapplicable retrospectively – The bank was directed to continue paying pension to the retired employees as per the scheme prior to the amendment – Arrears to be paid in instalments by the end of December 2022 [Paras 57-59].

Criminal Law – Cruelty – Section 498A IPC – Supreme Court upheld the conviction of the appellant, the mother-in-law, for cruelty towards her daughter-in-law – The Court observed that when cruelty is meted out by a woman to another woman, especially when the victim is vulnerable and living alone with her in-laws, it is a more serious offence – Emphasized the duty of the mother-in-law to protect and care for her daughter-in-law rather than subjecting her to harassment and cruelty over jewels [Paras 7-8].

Sentencing – Mitigating Circumstances – The appellant, aged 80, was initially sentenced to one year of rigorous imprisonment – Considering her age and the fact that the incident occurred in 2006, the Supreme Court reduced the sentence to three months of rigorous imprisonment while maintaining the fine imposed by the Trial Court – Highlighted that leniency was shown due to the long lapse of time since the incident and the appellant's advanced age [Paras 8-9].

Decision – Appeal partly allowed – Conviction under Section 498A IPC maintained – Sentence reduced from one year rigorous imprisonment to three months rigorous imprisonment – Fine imposed by the Trial Court upheld – Appellant directed to surrender to the appropriate Court/jail authority within four weeks [Para 9].

Criminal Law – Dowry Death – Section 304-B IPC – Supreme Court held that the demand for money for the construction of a house falls within the definition of "dowry" under Section 2 of the Dowry Prohibition Act – The trial court correctly convicted the respondents for dowry death and cruelty, based on consistent testimonies regarding the harassment of the deceased for money to build a house – The High Court erred in acquitting the respondents for dowry death and reducing the sentence under Section 498A IPC [Paras 9-14, 20].

Criminal Law – Cruelty and Abetment – Sections 498A and 306 IPC – Supreme Court upheld the acquittal of the respondents under Section 306 IPC, as the prosecution failed to conclusively prove abetment to suicide – The conviction under Section 498A IPC for cruelty was restored, given the continuous harassment of the deceased for dowry [Paras 20].

Sentencing – Section 304-B IPC – The Court reduced the sentence from life imprisonment to seven years rigorous imprisonment, the minimum prescribed for the offence under Section 304-B IPC, taking into account the circumstances of the case [Para 20].

Decision – Appeal partly allowed – The High Court's acquittal of the respondents under Section 304-B IPC was set aside – Conviction under Section 304-B and 498A IPC restored – Sentence under Section 304-B IPC reduced to seven years rigorous imprisonment – Respondents directed to surrender within four weeks [Paras 21].