Execution of Decree and Objection under Section 47 CPC - Trial Court's decree against Samiullah (Defendant No. 2) based on his failure to file a written statement was challenged for lacking inherent jurisdiction and thus inexecutable. The High Court, agreeing with the Executing Court, found the decree void, leading to the current appeal. [Paras 1-7, 12, 32-41, 51]

Adjudication on Jurisdiction and Rule 10 of Order VIII CPC - The Trial Court's failure to adjudicate its own competence to try the suit before decreeing against Samiullah led to a jurisdictional error, rendering the decree void and inexecutable. [Paras 13-22, 40-41]

Requirements for a Judgment and Decree under CPC - The Trial Court's order did not conform to the definition of a judgment as required under Section 2(9) and Rule 4(2) of Order XX CPC, thus invalidating the ensuing decree under Section 2(2) CPC. [Paras 43-50]

Transfer of Property During Pending Litigation - The sale deed in favor of the Purchasers (Respondents 1 to 3), while the suit was pending and in light of an interim injunction, was brought into question but left for determination by a competent forum. [Paras 7-8, 54]

Impact of Decision on Property and Court Receiver - The Court Receiver appointed by the Supreme Court was discharged, and the matter of accounts related to the property was directed to be resolved in accordance with law. [Paras 55-56]

Criminal Law – Sections 302, 304 Part I of IPC – Nature of Offence – Modified Conviction – The appellants were initially convicted under Section 302 read with Section 34 of the IPC for the murder of the deceased during a quarrel – The Court held that there was no prior intention to murder, as the assault arose out of a spontaneous altercation – The first quarrel between the parties occurred over a trivial issue, and the fatal attack took place after a second confrontation – The facts indicate that the case falls within the purview of culpable homicide not amounting to murder under Section 304 Part I of the IPC, as the intention to cause death was absent at the time of the first quarrel [Paras 6-7].

Section 34 of IPC – Common Intention – Application of Section 34 – Even though the other accused did not actively assault the deceased, they facilitated the act by restraining him, thus attracting Section 34 for the shared intention – However, their involvement was limited to aiding Appellant No.1 in the act of homicide, justifying the modification of the charge to Section 304 Part I rather than Section 302 [Para 6].

Decision - Sentence Modification – Long Period of Incarceration – Mitigating Circumstances – The appellants had been incarcerated for over 8-9 years by the time of the judgment – Given that the incident occurred nearly 20 years ago and considering the appellants' background as illiterate and rustic villagers, the Court deemed it appropriate to modify the sentence to the period already served [Paras 7-8].

Land Allotment Dispute – Appeal by Delhi Development Authority against High Court's judgment affirming land allotment to Hello Home Educational Society for a school in Vasant Kunj – Initial approvals for Jasola area, not Vasant Kunj – Discrepancies in Essentiality Certificate and Sponsorship Letter. [Paras 2-7, 9]

Change in Allotment Policy – High Court's judgment based on the assumption of retrospective application of policy change – Supreme Court clarifies non-retrospective policy application, affecting pending land allotment matters, to be dealt with through auction. [Paras 8, 18.4, 18.9]

Delay in Legal Remedy – Supreme Court notes inordinate delay of 11 years by the Society in approaching the court based on Lieutenant Governor's in-principle approval – Delay undermines the claim. [Paras 18.1, 18.6]

Internal Notings and Rights – Internal office notings and in-principle approvals without formal order and communication do not confer legal rights – Supreme Court emphasizes the necessity of formal decision-making and communication process. [Paras 18.7, 18.8]

Negative Parity in Allotments – Argument of similar allotments to other societies rejected – No negative parity in legal entitlements based on alleged irregularities in other cases. [Para 18.10]

Decision: Appeals allowed; the impugned orders of the Division Bench and Single Judge set aside. Writ petition filed by the Society dismissed.

No order as to costs.

Pollution and Environmental Concerns – Addressing air pollution in Delhi NCR due to heavy traffic at the ICD, Tughlakabad – Initial application by the former Executive Director of Central Warehousing Corporation to the NGT under National Green Tribunal Act, 2010 – Seeking redirection of traffic and adoption of cleaner fuel vehicles. [Paras 1-2]

NGT Orders and Appeal – NGT's interim orders for phased reduction of diesel vehicles at the ICD and shift to cleaner fuel options – Appeal by Container Corporation of India Ltd. against NGT order – Supreme Court's direction to EPCA to report on the issue. [Paras 3-5]

EPCA Report and Recommendations – EPCA's findings on vehicle pollution, utilization of ICDs, and parking congestion – Recommendations for adopting BS-VI vehicles, optimizing use of other ICDs, and improving parking management. [Paras 6-17]

Supreme Court Directions – Acceptance of EPCA recommendations – Phasing out of heavy-duty diesel vehicles, policy formation for BS-VI vehicles by MoRTH, continued exploration of alternative fuels, and optimal utilization of ICDs around Delhi. [Paras 18-22]

Monitoring and Compliance – Supreme Court to monitor implementation of directions – Appeal disposed of with instructions for compliance report by July 31, 2024. [Paras 23-24]

Decision – Supreme Court directs phased reduction of diesel vehicles at ICD, Tughlakabad, adoption of BS-VI vehicles, and exploration of alternative fuels – Orders to optimize utilization of other ICDs and improve parking management – Compliance to be monitored with a report due on July 31, 2024.

Development Plan for Shimla Planning Area – NGT Orders Quashed – The Supreme Court set aside NGT’s orders dated November 16, 2017, July 16, 2018, May 12, 2022, and October 14, 2022. The orders were regarding the draft development plan for Shimla Planning Area and were found to overstep NGT’s jurisdiction and its role in legislative policy-making [Paras 1-128].

Jurisdiction of NGT – Limitation Recognized – NGT transgressed its limits by dictating legislative policy in the Himachal Pradesh Town & Country Planning Act. The Supreme Court held that NGT cannot impose constraints on the powers of authorities delegated to enact subordinate legislation [Paras 70, 112].

Sustainable Development – Balancing Development and Environment – Emphasized the need for sustainable development, harmonizing economic and social needs with environmental considerations. The Court noted the importance of addressing environmental concerns in urban planning, citing the development plan’s procedural rigor and expert consultations [Paras 113-122].

Intervention in Statutory Functioning Disallowed – NGT’s intervention in directing how the delegatee under the Himachal Pradesh Town & Country Planning Act should enact delegated legislation was held inappropriate. The role of NGT is to adjudicate specific disputes, not to direct legislative policy [Paras 68-70, 112].

High Court’s Supervisory Jurisdiction Upheld – Affirmed the High Court’s supervisory jurisdiction over tribunal decisions, including those of the NGT. The continuation of NGT proceedings during the High Court’s seisin of related matters was deemed contrary to judicial propriety [Paras 103-106, 109-112].

Environmental Impact and Urban Planning – Stressed the need for Environmental Impact Assessments (EIA) in urban development. The Court highlighted the importance of considering environmental impacts in planning decisions and recognized the rights to a clean environment and development under Article 21 of the Constitution [Paras 118-122].

Compensation for ‘Green Belt’ Area Plot Holders – The issue of compensating plot holders in ‘Green Belt’ areas was deemed beyond the scope of these proceedings. The interveners were directed to seek appropriate legal remedies [Para 125].

Decision: Appeals allowed, NGT orders quashed, and the State of Himachal Pradesh is permitted to proceed with the implementation of the development plan as published on June 20, 2023, subject to observations made [Paras 126-128].

Agreement of Sale and Specific Performance - Appellants entered into a sale agreement with respondents in 1990 with a six-month completion time; subsequent sale deed executed with a third party in 1997; respondents filed suit in 1998 for specific performance after the appellants’ failure to execute the agreement. [Paras 3, 24-27]

Fingerprint Evidence and Payment Discrepancies - Allegations of forgery in payment endorsements; Fingerprint expert report disapproving appellant no.1's thumb-impression on payment acknowledgments; Discrepancies in payment amounts and timing raised questions about the respondents' readiness and willingness. [Paras 4-6, 10, 26]

Time as the Essence of Contract - Analysis of whether time was of the essence in the contract; Discussion on the conduct of the parties post-agreement; Appellants' acceptance of payments after the stipulated period and implications thereof. [Paras 24-26, 30]

Limitation and Property Possession - Issues of limitation raised with respect to the filing of the suit; Debate over the transfer of possession as an implicit term in the sale of immovable property. [Paras 11-13, 20-22, 26-27]

Conduct of Parties and Contractual Obligations - Assessment of parties' conduct post-agreement; Respondents’ failure to pay full amount or prepare for sale deed execution within stipulated time; Consideration of the conduct in determining the essence of time in contract. [Paras 19, 20, 30]

Judgement - Trial Court's order restored; High Court and First Appellate Court's judgments set aside; Appeal allowed in favor of appellants; No order as to costs. [Paras 31-33]

Government Service – Regularization and Pay Scale Benefits – Challenge to withdrawal of pay scale benefits and subsequent recovery from superannuated appellants – Consideration of the legality of orders and policies by various government departments affecting the pay scale of Ayurvedic and Unani Medical Officers. [Para 1-6]

Administrative Decision – Binding Nature of Government Orders – Analysis of the continuity and applicability of government orders post reorganization of states – Assessment of orders issued by the erstwhile State of Uttar Pradesh and its binding nature on the State of Uttarakhand. [Para 7]

Judicial Review – High Court’s Orders and Government Actions – Examination of the High Court’s directions, State Government’s responses, and subsequent cabinet decisions impacting the pay scale and recovery from Ayurvedic and Unani Medical Officers. [Para 8-11]

State Policy – Discretion in Pay Scale Benefits – Evaluation of State Cabinet’s decision to recall a previous order granting special pay scale benefits to a specific category of employees and its implications. [Para 12-13]

Recovery of Benefits – Legal and Equitable Considerations – High Court’s rationale in upholding the recovery of benefits from Ayurvedic Medical Officers, despite their non-weak financial status and unchanged job responsibilities. [Para 14]

Precedential Value – Applicability of Previous Judgements – Analysis of the relevance of past Supreme Court judgments in similar contexts and their applicability to the present case. [Para 15]

Decision and Directions – Dismissal of Appeals with Observations – Supreme Court’s decision to dismiss appeals, upholding the High Court’s view and providing directions regarding the recovery process and entitlement to Assured Career Progression (ACP) benefits. [Para 16]

Transfer of Case – Petitioner-wife seeks transfer of restitution of conjugal rights case from Rajasthan to Punjab under Section 25 of the CPC – Respondent-husband absent and unresponsive despite notice via speed post and WhatsApp – Transfer approved by the Supreme Court, moving the case from Sri Ganga Nagar, Rajasthan to Faridkot, Punjab [Paras 1-5, 8]

Case Management Directions – Liberty granted to respondent-husband to participate virtually in proceedings – Transferee Court may permit virtual presence and only require physical presence when necessary – Provisions made for recording outstation witness testimonies via Court Commissioner [Para 7]

Cessation of Caste/Religion Mention in Legal Filings – Surprise noted at caste details in the memo of parties – Directions issued to cease mentioning caste/religion of litigants in petitions/proceedings at Supreme Court and subordinate courts – High Courts instructed to ensure compliance in their jurisdictions [Paras 10-12]

Transfer of Right to Use vs. License to Use – Contracts with ONGC and IOCL for hiring vehicles – Assessment of whether contracts entail transfer of right to use goods or merely grant a license to use, impacting tax liability under Sales Tax Act, VAT Act, and Finance Act – Examination of key contractual clauses and control over vehicles. [Paras 2, 22-42]

Legal Interpretation of Sale – Definition of sale in the context of hiring vehicles – Reference to Clause 29A(d) of Article 366 of the Constitution and judicial precedents – Essential criteria for a transaction to qualify as a transfer of right to use goods. [Paras 19-21, 28-32, 53]

Contract Analysis – Specific examination of contracts for hiring cranes, trailers, and tank trucks – Determination of the nature of contracts based on control, liability, and operational responsibility – Contracts found to be services, not transfer of right to use goods. [Paras 34-41]

Applicability of Service Tax – Post-2008 transactions falling under service tax as per Section 65(105)(zzzzj) of the Finance Act, due to absence of transfer of effective control and possession. [Para 42]

Decision: Appeals of the assessees allowed – Contracts not covered under the provisions of the Sales Tax Act and VAT Act as they do not entail transfer of the right to use goods – Appeal of the Union of India disposed of, allowing initiation of proceedings for recovery of service tax.