Land Acquisition – Lands sought to be acquired by the respondent for the Agricultural Produce Market Committee under Section 6 of the Land Acquisition Act read with Section 126 of the Maharashtra Regional and Town Planning Act – Consent terms arrived at between parties for determining market value and handing over possession – Issue of limitation raised by the respondent [Para 2-3].

Consent Terms – Parties arrived at consent terms to determine the market value of lands as on a specific date – Appellant to hand over possession and be paid the amount determined under the Award under Section 11 of the Act – Application to be made to the Collector seeking reference under Section 18 of the Act – High Court disposed of the Writ Petition giving directions in terms of the consent terms [Para 5-6].

Issue of Limitation – Respondent raised the issue of limitation before the Reference Court – Held, not tenable and highly unreasonable and improper – Consent terms and High Court's directions made the issue of limitation under Section 18 of the Act insignificant – Respondent's plea smacked of ulterior motive [Para 6-7].

Doctrine of Harmonious Construction – Consent terms to be read as a whole – Any ambiguity to be interpreted in a manner consistent with other clauses and the intent of the parties – Reference Court's findings on limitation upheld – High Court's interference set aside [Para 8-9].

Decision – High Court's judgments and orders set aside as erroneous – Appeals allowed [Para 10].

Service Matter - Civil Appeal – Police Recruitment – Suppression of Material Information 

The State of West Bengal appealed against a High Court judgment directing the appointment of the respondent as a constable. The appellant argued that the respondent suppressed information about a pending criminal case. The Supreme Court confirmed the findings of the Tribunal and the High Court that there was no suppression of material information. [Para 1-2, 15]

Verification Roll – Ambiguity in Information Sought 

The Court found the verification roll to be vague as it did not specifically ask about pending criminal cases. The respondent had answered "No" to a question about being "arrested, detained, or convicted," which the Court deemed appropriate given the phrasing of the question. [Para 10-11]

Criminal Case – Acquittal and Nature of Offence 

The respondent was acquitted in a criminal case that did not involve heinous or serious offences or moral turpitude. The Court considered this acquittal in its judgment. [Para 8-9]

Legal Precedents – Application of Avtar Singh Case 

The Court applied the guidelines from "Avtar Singh Vs. Union of India and Others, (2016) 8 SCC 471" for dealing with suppression of information and the effect of conviction/acquittal on employment. [Para 13-14]

Decision – Modification of High Court's Order and Direction for Appointment 

The Supreme Court modified the High Court's order and directed the appellant to consider the respondent's case for appointment as a constable within four weeks. The respondent would only be entitled to notional benefits, not salary and back wages until the date of his appointment. [Para 15-16]

Land Acquisition - Compensation - Determination of Market Value - Deduction for Development - Applicability of principles for determining compensation for acquired land - Proper method for calculating deduction - Consideration of sale exemplars - Standard deduction for development charges - Incremental value based on exemplars - Belting system in valuation - Uniform market value determination. [Para 9, 12-18]

Land Acquisition - Multiple Civil Appeals arising from a common judgment and decree issued by the High Court of Punjab and Haryana - Appeals related to enhanced compensation claims by landowners covered by Sec. 4(1) Notification issued under the Land Acquisition Act, 1893 - Appeals based on the potential of acquired land and its location near industrial complexes and highways - Issue of determining appropriate compensation. [Para 2]

High Court's Approach - High Court determined market value for acquired land at Rs. 1,21,33,320 per acre - High Court relied on sale exemplars and considered potential development of the area - Deduction of 60% on sale consideration rejected as unreasonable - However, High Court's determination lacked proper reasoning and specific deduction percentage. [Para 12]

Principles for Determining Compensation - Land values in a developing area near industrial complexes and highways - Factors like location, potential development, and neighborhood considered - Deduction for development charges as per precedents - Deduction ranges from 20% to 75% based on various factors, including land use, location, infrastructure, and nature of development. [Para 9, 12]

Deduction for Development - Application of principles from earlier cases - Deduction for development charges essential for determining market value - Deduction percentage varies based on factors like land use, location, and infrastructure - Deduction factors vary for different types of layouts - Deduction depends on the nature of the acquired land and its development potential. [Para 12]

Sale Exemplars and Incremental Value - Sale exemplars as evidence for market value - Exemplars to reflect similar size, location, and neighborhood - Incremental value should consider applicable deduction for development charges - Proper comparison of exemplars necessary for accurate valuation. [Para 13]

Standard Deduction and Uniform Valuation - Applying standard deduction of 1/3 for development charges - Consideration of CLU certificate for land use - Developed nature of land under acquisition - Application of belting system rejected in favor of uniform valuation - Proper reasoning and deduction percentage essential for accurate market value determination. [Para 16-17]

Appeals allowed in part - Market value determined at Rs. 1,49,14,975 per acre for acquired lands with standard statutory benefits - High Court's determination lacked proper reasoning for deduction and valuation - Uniform valuation applied based on CLU certificate and developed nature of the land. [Para 18]

Divorce – Irretrievable Breakdown of Marriage – Appellant and respondent married for 12 years with a 12-year-old daughter – Living separately for over a decade – Previous attempts at reconciliation failed – High Court dismissed divorce petition – Appeal to Supreme Court – Court finds irretrievable breakdown of marriage due to continued bitterness, dead emotions, and long separation – Grant of decree of divorce justified – Appellant directed to deposit Rs.20,00,000/- for the daughter’s education – Maintenance amount and visitation rights granted – Mediation Centre to decide visitation terms – Decree of divorce granted. [Para 2-8]

Writ Petition (Criminal) – Revival of Withdrawn Petition – Differentiated Issues – Petitioner initially approached Delhi High Court with a writ petition – High Court passed interim orders, including medical evaluation – Petitioner later withdrew the petition based on a Supreme Court decision in another case – High Court’s order noting withdrawal – Supreme Court decided to address present petition separately due to distinct issues raised – Petitioner’s concerns related to detention procedure and medical facilities – Supreme Court set aside High Court’s order, revived the writ petition before Delhi High Court – Directed provision of necessary medical treatment based on medical advice – Registrar (Judicial) instructed to forward order to High Court – Pending application disposed of. [Para 1-13]

Civil Appeal – Entitlement to pensionary benefits – Appellants aggrieved by High Court's dismissal of their appeal – Validity of marriage between deceased Subedar Bhave and appellant No. 1 challenged – Decree of divorce between deceased and his first wife – Long cohabitation of appellant No. 1 and deceased – Presumption of marriage and legal validity invoked – Burden of proof on party challenging the relationship – Court's duty to weigh evidence – Appellant No. 1 declared entitled to pensionary benefits – Appellants No. 2 and 3 entitled to benefits until the age of 25.

Marriage Validity – Presumption of marriage when a man and woman cohabit continuously – Rebuttable presumption – Heavy burden on party challenging marriage – Court's reliance on precedents to establish the legal principle – Long cohabitation and recognition by society and authorities as husband and wife strengthens the presumption of marriage. [Para 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21]

Marriage and Cohabitation – Importance of continuous cohabitation to establish the presumption of a valid marriage – Law's recognition of the sanctity of long-term relationships – Analysis of precedents highlighting the significance of cohabitation. [Para 9, 10, 11, 12, 14, 15, 16, 18, 19, 20]

Burden of Proof – Party challenging the validity of a marriage bears the burden of proof – Examination of evidence and circumstances to determine the legitimacy of the marriage – Court's emphasis on assessing the strength of the presumption and countervailing evidence. [Para 12, 13, 14, 15, 16]

Pension Regulations – Eligibility for family pension under Army Pension Regulations – Interpretation of Regulation 219 – Requirements for entitlement to family pension – Widow's eligibility – Applicability of regulations to the case at hand. [Para 7, 22]

Judgment Reversal – High Court's dismissal of appeal set aside – Restoration of the judgment and decree of the trial court – Declaration of appellant No. 1's entitlement to pensionary benefits – Appellants No. 2 and 3's entitlement until age 25 – Costs to be borne by the parties – Pending applications disposed of. [Para 22, 23]

Legal Principles – Application of legal principles relating to marriage, cohabitation, and presumption – Judicial interpretation of Evidence Act provisions – Precedents guiding the court's decision – Importance of recognizing long-term relationships for legal purposes. [Para 8, 9, 10, 11, 12, 14, 15, 16, 17, 18, 19, 20, 21]

Company Law – Preferential Payments – Interpretation of Sections 529A and 530 of the Companies Act, 1956 – Application of Customs Act to government dues – Examination of conflict between Companies Act and Customs Act – Priority of government dues vis-à-vis other creditors – Determination of whether customs dues constitute preferential payments – Analysis of relevant statutory provisions and precedents – Resolution of legal issues arising from conflicting laws – Consideration of principles governing preferential payments. [Paras 1-10]

Statutory Interpretation – Meaning of "due and payable" – Interaction between Customs Act and Companies Act – Analysis of statutory language – Examination of relevant provisions of both Acts – Discussion of case law and principles of interpretation – Determination of the timing and nature of customs dues – Examination of creation of first charge on government dues under Customs Act – Interaction of Section 142A of the Customs Act with Section 529A of the Companies Act – Resolution of conflict between the two statutes. [Paras 11-26]

Company Liquidation – Application of Section 178 of the Income Tax Act, 1961 – Protection of tax dues during company liquidation – Interpretation of relevant provision – Exclusion of specified amount from distribution pool – Comparison with provisions of Companies Act – Examination of case law on similar provisions – Effect of Section 178 on priority of payments. [Paras 27-28]

Appeal allowed – Impugned judgment set aside – Company Application allowed – Sale proceeds to be distributed in accordance with Sections 529A and 530 of the Companies Act – Customs Act's Section 142A not applicable to overriding preferential creditors – No costs awarded. [Para 28]

Criminal Appeal – Acquittal in Sessions Trials – Appeal against the judgment and order of acquittal – Allegations of political influence, witness tampering, and abduction – Detailed examination of events leading to the trial and subsequent proceedings – Grave concerns regarding fair trial and witness protection raised – Consideration of statements by key witness Lalmuni Devi – Critique of investigation and supervisory role of police authorities – Observations on conduct of trial judge – Impact of abductions on trial process – Legal implications of abduction and intimidation on witness statements – Accused acquitted by Trial Court – High Court’s decision under challenge – Appeal filed before Supreme Court. [Paras 1-24]

Witness Statements – Inconsistent Statements of Prosecution Witnesses – Cross-examination of witnesses and inconsistencies in their statements – Efforts to protect accused by changing statements – Witness PW-1, PW-2, PW-4, PW-5, PW-6, and PW-7 declared hostile – Contradictions in their statements – Failure of Police to record statements properly – Affidavits filed by witnesses reiterating their earlier statements. [Para 41-45]

Medical Evidence – Examination and Post-mortem reports – Witnesses PW-10 and PW-11 – Medical conditions of the injured – Referral to better treatment – Lack of proper recording of statements by Police – Unconscious state of the injured – Contradiction with original statements and strengthening defense's case. [Para 47-48]

Tainted Trial and Compromised Proceedings – Multiple procedural lapses and malice – Failure to adhere to evidentiary standards and fair trial principles – Insufficient and unreliable evidence – Judgments marred by inconsistencies and irregularities – Convictions cannot be sustained based on compromised proceedings – Need for de novo trial to ensure justice is served. [Para 67]

Dying Declaration - FIR as a Dying Declaration - Deceased's Bayan Tahriri (FIR) treated as a dying declaration - Legal relevance and admissibility of dying declaration discussed - Importance of dying declaration as an exception to the rule against hearsay evidence - Admissibility of dying declaration under Section 32(1) of the Evidence Act - Discussion on the weight to be given to a dying declaration in forming the basis of conviction. [Para 95]

Inaccurate High Court Conclusion - High Court's erroneous conclusion regarding CW-1's testimony - Failure of the High Court to assess the sensitivity and merits of the case - Appellants' argument against the High Court's conclusion on the tutored nature of CW-1's statement and lack of corroboration - Importance of considering all aspects in a fair and comprehensive manner. [Para 99]

Admissibility of Dying Declaration – Conversion of Fard Bayan into FIR – Court's determination of admissibility – Reliability and legal validity of dying declaration – Conversion of initial statement into FIR – Acceptance of Fard Bayan as a dying declaration in line with legal principles. [Para 114(a)]

Tainted Investigation and Abuse of Power – Highhandedness of accused MP – Examination of investigation quality – Implication of political power – Allegations of abuse of power by accused-Respondent no.2 – Appraisal of investigative conduct and its influence on the case. [Para 114(b)]

Evaluation of Witness Testimony – Reliability of hostile witnesses – Assessing identity of assailants – Adverse inference against accused – Corroboration of date, time, and place of incident – Examination of post-mortem reports – Conclusions drawn from witness testimonies. [Para 114(c-d)]

Subsequent Conduct of Accused – Inference from subsequent behavior – Adverse inference drawn from accused's conduct – Relevance of Section 8 of the Evidence Act – Implication of accused's actions on guilt – Examination of post-incident conduct. [Para 114(e)]

Role of Major Stakeholders – Failures of Investigating Officer, Public Prosecutor, and Judiciary – Critique of major stakeholders in criminal justice system – Judicial remarks on roles of police, prosecutors, and courts – Highlighting inadequacies and responsibilities for ensuring justice. [Para 107-113]

Conviction upheld for accused-respondent no.2 – Others acquitted due to lack of evidence – Failure of state machinery, judicial insensitivity, and biased conduct highlighted – Accused-respondent no.2 to be taken into custody for sentencing – Further hearing scheduled for determination of sentence. [Para 115, 116, 117]

Criminal Appeal – Conviction under Sections 302 and 201 of the IPC – Appellant convicted and sentenced to life imprisonment – Impugned judgment of the High Court challenged – Prosecution based on extra-judicial confession, recovery of dead body, and weapon – Appeal allowed, and appellant acquitted due to lack of legal evidence and reasonable doubt on the prosecution's case. [Para 1]

Extra-judicial Confession – Weakness of extra-judicial confession as evidence – Criteria for accepting an extra-judicial confession – Voluntariness, truthfulness, and absence of inducement – Lack of faith and familiarity between appellant and the person to whom confession was made – Appellant's confession made more than two months after the incident – Suspicion on genuineness of the confession. [Para 6-10]

Recovery of Dead Body and Weapon – Circumstances surrounding the recovery of the dead body and the alleged weapon – Accessibility of the burial site to others, doubts on the accuracy of the recovery locations – Inconsistent testimony of witnesses – Failure to establish a credible link between the appellant and the recovery of the evidence. [Para 11-14]

Last Seen Theory – Inadequate evidence to establish the last seen together theory – Hostile witnesses and lack of corroboration – Prosecution's failure to prove this crucial element of the case. [Para 15]

Reasonable Doubt – Legal principle of proving guilt beyond a reasonable doubt – Serious doubts raised on the authenticity of the prosecution's case – Lack of legal evidence to convict the appellant – Acquittal granted due to failure of prosecution to establish guilt beyond a reasonable doubt. [Para 16]

Decision – Appeal allowed, judgments of lower courts set aside – Appellant acquitted of the charges – Bail bonds of the appellant cancelled. [Para 17-18]