Hindu Undivided Family – Presumption of Tenancy – Mere payment of rent by great grandfather or by the grandfather of the plaintiff raises no presumption that it was a joint Hindu family business. Challenge in the present appeal is to an order passed by the High Court whereby a writ petition filed by plaintiff was allowed holding that the tenant in the premises in question was representing a joint Hindu family and that the Karta was not competent to surrender the tenancy rights in favour of the Wakf Board and consequently the induction of the appellant as a tenant by the Wakf Board was illegal. Mere payment of rent by great grandfather or by the grandfather of the plaintiff raises no presumption that it was a joint Hindu family business [Paras 29-35].

Validity of Surrender Document – The act of surrender of tenancy was for the benefit of the Joint Hindu family. The document was validly proved and accepted by the Wakf Board. Therefore, the act of surrender of tenancy was for the benefit of the Joint Hindu family. The Court rejected the High Court's assessment that the surrender letter was unreliable [Paras 36-37].

Jurisdiction of High Court – Petition styled as one under Article 226 would not bar the High Court to exercise jurisdiction under the Act and/or under Article 227 of the Constitution. Jurisdiction of the High Court to examine the correctness, legality, and propriety of determination by the Tribunal is reserved with the High Court [Paras 23-24].

Decision: Appeal allowed – Order of the High Court set aside – Order of the Wakf Tribunal restored – No order as to costs [Para 38].

Dowry Death – Bail Rejection – Specific allegations in FIR regarding demand for dowry and proximity of death to the demand – High Court granted bail without adequate reasons – Medical evidence did not support the claim of mental illness – Serious allegations and presumption under Section 304-B IPC and Section 113-B Evidence Act – High Court not justified in granting bail [Paras 9-10].

Judicial Reasoning – Quality of Reasons – Necessity for reasoned orders in bail applications – High Court failed to provide adequate reasoning – Importance of demonstrating application of mind by the judge – Brief but quality reasons essential for credibility in judicial process [Paras 10-11].

Decision: Appeal allowed – High Court’s bail order set aside – Respondent to surrender forthwith – Observations limited to issue of bail and not to affect merits of the trial [Para 13].

Promotion Criteria – Rule 13.14(2) of Punjab Police Rules 1934 – Eligibility criteria for promotion to Inspector – Rule 13.14(2) prescribes eight years' approved service for promotion to selection grade of Sub-Inspector, with at least five years in the rank of Sub-Inspector – High Court upheld requirement as neither arbitrary nor discriminatory – Government order abolishing selection grade did not render Rule 13.14(2) redundant – Criteria for promotion to Inspector includes maintaining experience requirement for proper evaluation [Paras 1-21].

Statutory Interpretation – Conjoint Reading of Rules – Promotion from Sub-Inspector to Inspector governed by Rules 13.1, 13.14, and 13.15 – High Court and Supreme Court emphasized harmonious construction to preserve legislative intent – Promotion criteria maintained to ensure efficiency and competency in higher ranks [Paras 13-20].

Government Order – Impact on Promotion Rules – 1987 order discontinuing selection grades for Group B, C, and D employees did not nullify experience criteria in promotion rules – Experience requirements continued to be applicable for assessing eligibility for promotion to Inspector [Paras 16-19].

Decision – Appeals dismissed – High Court judgment upheld – Promotions of private respondents to Inspector validated based on compliance with Rule 13.14(2) [Para 21].

Insolvency Proceedings – Corporate Guarantor – Status of guarantor as corporate debtor – Action under Section 7 of the Insolvency and Bankruptcy Code, 2016, can be initiated against a corporate person who is a guarantor for a loan taken by a principal borrower, even if the principal borrower is not a corporate person – Definition of "corporate guarantor" in Section 5(5A) clarified to include corporate persons liable for debts due to guarantees provided for loans of non-corporate borrowers [Paras 1-28].

Limitation and Acknowledgment of Debt – Fresh period of limitation – Application under Section 7 filed after three years from the date of default (NPA) is not barred by limitation if there is an acknowledgment of debt within the prescribed period – Section 18 of the Limitation Act applies to the proceedings under the Insolvency and Bankruptcy Code, allowing fresh period of limitation from the date of acknowledgment of debt by the principal borrower or the guarantor [Paras 29-42].

Decision – Appeal dismissed – Application under Section 7 of the Code against the corporate debtor is maintainable – Fresh period of limitation computed from the date of acknowledgment of debt – Application filed on 13.02.2019 is within limitation [Para 43].

Service Law – Ex-servicemen – Seniority – Rule 9(3) of Punjab Recruitment of Ex-servicemen Rules, 1982, does not grant benefit for military service towards seniority – Appellant not entitled to claim benefit under Rule 4 of 1972 Rules for determining seniority after the enforcement of 1982 Rules – Appeals dismissed [Paras 1-24].

Repeal and Savings – Application of Repealed Rules – 1982 Rules repealed 1972 Rules and did not continue the benefit of military service for seniority – Saving clause in Rule 9(3) does not extend benefit as no right had accrued before joining the service – Seniority to be governed by rules in force at the time of appointment [Paras 9-23].

Reservation of Vacancies – Reservation Quota – Previous judgment (Ishwar Singh vs. State of Punjab) held twenty percent reservation for vacancies prior to 1982 – Does not affect determination of seniority governed by 1982 Rules – Seniority determined based on entry into service [Paras 12-16].

Decision – Appeals dismissed – No benefit of military service for seniority under 1982 Rules – Seniority governed by rules applicable at time of appointment [Para 24].

Electoral Bonds – Transparency and Accountability – Scheme ensures transactions only through banking channels – Purchasers must comply with KYC norms – Scheme allows anonymity but ensures traceability through banking records – Companies' financial statements must reflect expenditures, ensuring public access through the Registrar of Companies – Interim arrangement requires political parties to submit detailed particulars of donors to the Election Commission in sealed covers – No justification for stay as the Scheme has been operational since 2018 with interim safeguards in place [Paras 1-28].

Non-Tradability and Eligibility – Bonds not tradable – Only Indian citizens or entities incorporated in India can purchase – Scheme prevents use of black money through stringent banking and KYC norms – Apprehensions about misuse by foreign entities and black money transactions are unfounded [Paras 26-27].

Decision – Applications for stay dismissed – No new interim reliefs granted – Scheme to continue with existing safeguards as per interim order dated 12.04.2019 [Para 28].

Arbitration and Insolvency – Section 7 of IBC and Section 8 of Arbitration Act – Petition under Section 7 of IBC filed by Kotak India Venture for initiation of Corporate Insolvency Resolution Process (CIRP) – Application under Section 8 of Arbitration Act filed by Indus Biotech to refer the matter to arbitration – NCLT allowed the application under Section 8, leading to dismissal of the Section 7 petition – Supreme Court held that if an application under Section 7 is not admitted and default is not established, the dispute can be referred to arbitration – Proceedings under IBC become non-arbitrable only after admission of the petition and commencement of CIRP [Paras 1-38].

Default and Debt – Determination of Default – NCLT’s role in assessing whether default has occurred – Supreme Court emphasized that Adjudicating Authority must evaluate evidence to determine default before admitting a Section 7 petition – Mere existence of debt does not imply default – In the present case, NCLT correctly found no default due to ongoing negotiations and dispute over conversion formula for shares [Paras 19-30].

Arbitral Tribunal – Constitution of Arbitral Tribunal – Indus Biotech’s request for a single arbitral tribunal to resolve disputes under multiple agreements – Supreme Court appointed a tribunal with Justice V.N. Khare and Justice R.M. Lodha as arbitrators, who would then select the third arbitrator – Tribunal to handle international and domestic disputes separately but with the same members [Paras 36-37].

Decision – Appeal dismissed – Arbitration Petition allowed – Proceedings under Section 7 of IBC not admitted – Matter referred to arbitration with appointed tribunal [Para 38].

Criminal Law – Murder and Common Object – Appellants convicted for murder with common object – High Court reversed trial court’s acquittal – Supreme Court upheld the conviction, affirming that the assault was intentional and all accused shared a common object – Minor contradictions in witness testimonies deemed insufficient to discredit overall reliability – Application of Sections 302/149 IPC appropriate [Paras 1-12].

Appeal in Case of Acquittal – Scope and Interference – High Court justified in interfering with trial court’s acquittal under Section 378 CrPC – Trial court’s view not possible given the evidence – Supreme Court emphasizes that appellate courts can overturn acquittal if trial court findings are perverse or contrary to evidence [Paras 7-11].

Witness Testimony – Reliability – Witnesses closely related to deceased but their testimonies found consistent and credible – Supreme Court criticizes trial court’s dismissal of testimonies based on minor discrepancies and relationship to the deceased – High Court’s reappreciation of evidence upheld [Paras 6, 9-11].

Decision – Appeal Dismissed – Conviction and sentence of life imprisonment for the appellants affirmed – Common object and intentional assault leading to death established beyond reasonable doubt [Para 12].

Termination of Concession Agreement – Arbitration Clause – Termination of Concession Agreement by Haryana Shehri Vikas Pradhikaran (HSVP) due to alleged default by concessionaire – Invocation of writ jurisdiction by HMRTC and HSVP to challenge termination notices and ensure continuation of metro operations – Supreme Court held arbitration clause provides sufficient recourse for resolving disputes – High Court's order for deposit of 80% of debt due into Escrow Account affirmed – Remaining disputes to be resolved through arbitration [Paras 1-28].

Jurisdiction – Article 226 – High Court's intervention justified to prevent disruption of essential metro services – Supreme Court emphasized arbitration as primary forum for dispute resolution under Concession Agreements – High Court directed to supervise interim arrangements and facilitate arbitration process [Paras 30-36].

Debt Due – Compliance with Concession Agreement – Auditors to determine debt due as per Concession Agreements – CAG report on debt due considered valid and binding – Deposit of 80% of debt due into Escrow Account mandated within three months – Remaining claims to be addressed in arbitration [Paras 37-42].

Decision – Appeals dismissed – Directions for deposit of 80% of debt due into Escrow Account upheld – Parties granted liberty to pursue arbitration for resolving residual disputes – Interim measures by High Court to continue till arbitration outcomes [Para 43].