Compassionate Appointment – Revision of Post – Respondent appointed as Record Clerk on compassionate grounds despite qualifications for Junior Assistant – High Court directed revision to Junior Assistant retrospectively – Supreme Court held respondent’s acceptance of Record Clerk post with undertaking precluded later challenge – Appointment revision contrary to service jurisprudence and affects similarly situated candidates – Appeals allowed, High Court’s order set aside [Paras 1-14].

Estoppel and Service Jurisprudence – Respondent estopped from challenging Record Clerk appointment after accepting post with undertaking – Service revision based on GO Ms No 1499 misinterpreted – Collector’s role in vacancy allocation procedural, not obligatory for appointment – Directions for retrospective appointment and promotion unsustainable [Paras 11-12].

Decision – Appeals allowed – High Court’s judgment set aside – Writ petition dismissed – Promotion consideration unaffected by impugned direction [Para 13].

Medical Negligence – Professional Indemnity Insurance – Hospital conducted eye camp, resulting in multiple cases of eye infections and loss of vision – Hospital claimed indemnity under insurance policies obtained by doctors – NCDRC ruled insurance policies did not cover hospital’s liability – Supreme Court upheld NCDRC’s decision – Hospital not beneficiary of insurance policies held by individual doctors – Appeals dismissed [Paras 1-18].

Privity of Contract – Insurance Coverage – Insurance policies were professional indemnity policies for doctors, not hospital – Negligence findings against hospital and staff, not individual doctors – Hospital cannot claim indemnity under policies not covering it or its staff – District Forum and State Commission erred in holding insurer liable [Paras 14-16].

Decision – Appeals dismissed – NCDRC’s judgment upheld – Hospital may pursue other legal remedies against potentially negligent parties – Disbursed compensation confirmed [Paras 16-18].

Narcotic Drugs and Psychotropic Substances Act – Recovery of Contraband – Accused found guilty of possessing 900 grams of smack – No incriminating substance recovered during personal search – Defence of false implication rejected – Appeal dismissed; conviction and sentence upheld [Paras 1-18].

Procedure under NDPS Act – Compliance with Section 50 – Argument of non-compliance not accepted as recovery was from a vehicle, not a personal search – Court held Section 50 not applicable in this context – Conviction based on vehicle search upheld [Paras 11, 15-16].

Constitutional Law – Article 136 – Scope of Supreme Court interference – Interference under Article 136 warranted only in cases of gross error or perverse findings – Supreme Court found no error warranting interference – Appeal dismissed [Paras 17-18].

Decision – Appeal dismissed – Conviction and sentence affirmed – Accused had already served the sentence; no further directions issued [Para 19].

Criminal Law – Bail – Proper Exercise of Judicial Discretion – Appeal against bail orders granted by High Court for serious offenses including murder and use of firearms – High Court’s orders set aside due to lack of detailed reasoning and failure to record satisfaction for granting bail – Emphasizes necessity of reasoned decisions in bail matters, particularly for grave offenses [Paras 1-18].

Anticipatory Bail – Denial Justified – Second set of appeals for anticipatory bail dismissed – Complaint against appellants was not merely a counterblast; injuries and serious allegations warranted detailed investigation – Appellants advised to surrender and apply for regular bail [Paras 16-19].

Constitutional Law – Article 136 – Scope of Supreme Court Interference – Supreme Court intervenes to correct errors in High Court's discretionary power when orders are devoid of reasoned analysis and consideration of case specifics – Emphasizes the importance of judicial discipline and transparency [Paras 13-15].

Decision – Orders granting bail set aside; accused to be taken into custody – Anticipatory bail appeals dismissed; appellants may seek regular bail on merits – All contentions kept open for appropriate stage of proceedings [Para 19].

Workmen's Compensation – Calculation of Wages – Deceased workman was earning Rs. 2400 per month plus Rs. 25 daily for food expenses – High Court erred in reducing the compensation based on minimum wage without evidence – Supreme Court restores compensation to original amount [Paras 1-9].

Interest on Compensation – Section 4A – Compensation becomes due from the date of the accident – High Court's reduction of interest from 12% to 8% was incorrect – Supreme Court orders interest at 12% from the date of the accident till realization [Paras 6-9].

Judicial Conscience – Social Justice – Supreme Court criticizes the insurance company's prolonged litigation over a paltry sum – Emphasizes the need for state-owned companies to act with social conscience [Para 7].

Decision – High Court’s order set aside – Compensation of Rs. 262,164 with 12% interest from the date of accident till realization reinstated – Respondent directed to pay within one month – Costs of Rs. 1 lakh awarded to appellants [Paras 9-12].

Electricity Law – Captive Consumers – Additional Surcharge – Captive consumers/users are not liable to pay additional surcharge under Section 42(4) of the Electricity Act, 2003 – Section 9 permits captive generation and distribution to captive users without State Commission's permission – Appellate Tribunal's decision upheld [Paras 1-15].

Statutory Interpretation – Sections 9 and 42 of Electricity Act – Captive generation and use are statutorily provided and do not require State Commission's permission – Additional surcharge under Section 42(4) applicable only to consumers receiving supply with State Commission’s permission – Captive consumers form a distinct class, exempt from additional surcharge [Paras 9-14].

Refund of Additional Surcharge – Distribution licensee directed to adjust additional surcharge recovered from captive consumers against future wheeling charges – Avoids imposing immediate financial burden on the distribution licensee [Para 16].

Decision – Appeals dismissed – Captive consumers exempt from additional surcharge – Distribution licensee to adjust previously recovered surcharge in future bills [Paras 15-17].

Employment Law – Wrongful Termination – Reinstatement without Back Wages – High Court ordered reinstatement but denied back wages – Supreme Court addresses whether denial of back wages was justified – Back wages are generally awarded in cases of wrongful termination unless specific circumstances justify otherwise [Paras 1-11].

Burden of Proof – Gainful Employment – Burden of proof on employer to show gainful employment of the employee during the period of wrongful termination – Appellant stated he was not gainfully employed; burden shifts to employer to prove otherwise [Paras 6-10].

Quantum of Back Wages – Considering partial earnings of the appellant during the period of termination – Court balances interest of justice by awarding a reasonable amount as back wages [Paras 11-13].

Decision – Appeal partly allowed – Appellant awarded Rs. 80 lakhs as back wages – Amount to be paid within six weeks – No order as to costs [Paras 12-13].

Succession Law – Will Execution – Validity – Execution of will (Ex-P1) by testator E. Srinivasa Pillai questioned – Appellants argue will is concocted, testator was paralyzed and bedridden before death – Respondents fail to prove will to Court’s satisfaction – Division Bench reverses Trial Court judgment without detailed reasoning [Paras 1-23].

Proof of Will – Legal Requirements – Sections 63 and 68 – Propounder must prove the will's execution by examining attesting witnesses – Suspicious circumstances must be removed – Will’s validity questioned due to testator's health, lack of registration, and unexplained delay in probate proceedings [Paras 25-29].

Judicial Approach – Appellate Court’s Duty – Reversal of Trial Court’s decision requires detailed reasoning – Division Bench failed to provide adequate reasons for setting aside Trial Court's findings – Reversal without proper scrutiny of evidence not sustainable [Paras 30-44].

Decision – Appeal allowed – Division Bench judgment set aside – Trial Court’s judgment restored – Parties to bear their respective costs [Paras 43-44].

Consumer Protection – Deficiency in Service – Mediclaim policy – Insurer failed to disclose changes in policy conditions at the time of renewal – Duty to inform policyholders about limitations being imposed in the renewed policy – Failure resulted in deficiency of service – NCDRC's order set aside; District Forum's order restored [Paras 1-12, 16-17, 23-28].

Insurance Contracts – Duty of Disclosure – Principle of uberrima fides (utmost good faith) – Insurer's duty to disclose material changes in policy terms at renewal stage – Consumer Protection Act recognizes non-disclosure as a deficiency in service – Renewal of policy implies continuation of previous terms unless specifically informed of changes [Paras 24-28].

Judicial Review – Error in NCDRC's Findings – High Court and NCDRC failed to appreciate the insurer's duty to inform the insured about policy changes – Appellant entitled to relief due to insurer's failure to disclose – Costs imposed on the respondent for the deficiency in service [Paras 35-40].

Decision – Appeal allowed – NCDRC and State Commission orders set aside – District Forum's order restored – Insurer directed to pay Rs. 175,000/- as balance amount with Rs. 50,000/- costs [Paras 40-41].