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.

Judicial Review of Commercial Decisions – Supreme Court's power under Article 226 to issue writs – High Court's discretion to entertain a writ petition – Restrictions and exceptions to the rule of alternate remedy – Considerations of natural justice, jurisdiction, and fundamental rights – Assessment of public interest in issuing a mandamus. [Paras 7, 97-110]

Electricity Act and Bidding Guidelines – Interpretation and application of Section 63 and Section 86(1)(b) of the Electricity Act – Role of State Commission in adopting tariffs determined through a transparent bidding process – Guidelines for bidding and evaluation of tariffs – Right to reject price bids if not aligned with market prices. [Paras 39, 66-75, 84-88]

Electricity Act, 2003 – Section 63 – Determination of Tariff by Bidding Process – scope of Section 63, emphasizing that the appropriate Commission does not "determine" tariff but only "adopts" it, provided the tariff has been determined through a transparent process of bidding in accordance with guidelines issued by the Central Government. The Court held that the Commission is not merely a post office and must ensure compliance with the guidelines. [Para 66-68, 70]

Electricity – Tariff – Competitive Bidding – Market Alignment –held that the evaluation committee under the Bidding Guidelines has the authority to reject all price bids if the rates quoted are not aligned with prevailing market prices. The Court emphasized that procurers are not bound to accept all bids in a competitive bidding process without considering market alignment. The decision-making process must be in the consumers' interest and public interest. [Para 73-74, 77-78, 90-92]

Judicial Review – Commercial Transactions – Court asserted that while the decision to award a contract is primarily a commercial one, the State and its instrumentalities must adhere to the norms, standards, and procedures they have set. The judiciary can review the decision-making process, but it should not interfere unless it finds evidence of arbitrariness, irrationality, or malfeasance. [Para 101-104]

Writ Jurisdiction – Alternate Remedy – Delay and Laches – The High Court should not have entertained the writ petition due to the availability of an alternate remedy under the Electricity Act, which is a complete code. Additionally, the significant delay in filing the writ petition after the relevant developments also warranted dismissal on the grounds of delay and laches. [Para 93, 98-99, 106]

Decision – Supreme Court allowed the appeals, quashing the High Court's order which had mandated procurement of electricity from MB Power at certain rates. The Court directed MB Power to pay costs to the appellants. [Para 106-110]

Criminal Appeal – Conviction under Section 302/34 IPC – Life Imprisonment

– Appellant’s conviction by Session Court upheld by High Court – Appeals by

appellants in Supreme Court. [Para 2-4]

Murder Incident – Occurrence in 2007 – Death of Pappu alias Rajendra Yadav

– Alleged assault by four accused including the appellant, resulting in death.

[Para 5]

Dying Declaration – Oral declaration by deceased to family members

implicating accused – Reliability and corroboration of such declarations

examined. [Para 7-8, 16]

Eyewitness Testimony – Reliability of eyewitness Rahul Yadav (PW-13)

questioned due to criminal background and absence at the scene in initial

accounts. [Para 9-12]

Inconsistencies in Prosecution’s Case – Testimonies of other eyewitnesses

declared hostile – Doubts raised about the presence and reliability of said

witnesses. [Para 13-14]

Medical Evidence – Analysis of the deceased’s injuries and their severity –

Doubts regarding the possibility of making a dying declaration in such a

medical state. [Para 15, 16]

Appellate Review – Supreme Court’s role in reassessing evidence when the

guilt of the accused is not established beyond reasonable doubt. [Para 17]

Acquittal – Supreme Court acquits appellants by granting benefit of doubt due

to inconsistencies and lack of corroborative evidence in the prosecution’s

case. [Para 18]

Judgment – Appeals allowed, appellants acquitted and set free, bail bonds

discharged. [Para 19]

Criminal Appeal – Acquittal in Murder Case – Circumstantial Evidence Insufficient to Establish Guilt – Appellant acquitted by the Supreme Court due to inconsistencies and improbabilities in the prosecution’s evidence. [Para 30-32]

Murder Conviction – Inadequate Evidence – Appellant’s conviction under Section 302 read with Section 34 IPC for murder by Trial Court and High Court set aside due to unreliable witness testimonies and lack of concrete circumstantial evidence. [Para 10, 11, 29]

Circumstantial Evidence – Reliability and Completeness – Essential for circumstantial evidence to form a complete chain pointing to the guilt of the accused; In this case, evidence was inconsistent and did not exclude all other hypotheses but the guilt of the accused. [Para 28, 29]

Witness Testimony – Evaluation of Witness Credibility – Testimonies of key witnesses (PW-10, 11, 12, 16) found unreliable and inconsistent, leading to doubts about the prosecution’s version of events. [Para 14-17, 18-19, 20-22, 23-24]

Extra-Judicial Confession – Reliability Questioned – High Court’s reliance on extra-judicial confession disregarded due to inconsistencies and contradictions in witness statements. [Para 15-17]

Forensic Evidence – Limitations in Establishing Guilt – FSL report’s findings on blood type and recovered items deemed insufficient to conclusively link appellant to the crime. [Para 25-26]

Decision – Supreme Court’s Acquittal of Appellant – Based on the principles governing circumstantial evidence, the appellant is acquitted of all charges, underscoring the necessity of indisputable evidence to convict in a circumstantial case. [Para 30-32]