Civil Procedure – Second Appeal – Scope under Section 100 CPC – High Court's Jurisdiction in Second Appeal – The High Court allowed the second appeal by answering in the affirmative on the question of whether the suit was liable to be dismissed for non-joinder of necessary parties. However, the High Court erred by overturning the First Appellate Court’s findings without properly framing a substantial question of law concerning the lack of evidence or subletting. Held: The Supreme Court reiterated that the High Court’s jurisdiction under Section 100 CPC is limited to hearing appeals based on substantial questions of law. The High Court is obligated to frame these questions at the time of admission and must decide the appeal based on them. The High Court’s judgment was set aside for not adhering to these principles [Paras 14-20].

Landlord-Tenant Law – Subletting – Evidence Required – The First Appellate Court had decreed the suit in favor of the appellants, finding that the respondent had sublet the premises and was therefore liable for eviction. The High Court, however, set aside this finding, stating that there was no evidence of subletting. Held: The Supreme Court found that the High Court overstepped its jurisdiction in a second appeal by reassessing the evidence without framing a substantial question of law. The High Court’s judgment was thus set aside [Paras 13, 20].

Decision: Civil Appeal allowed – The judgment and order dated 24th August 2023 passed in S.A. No. 100 of 2021 by the High Court of Calcutta is set aside. The judgment and order dated 12th December 2019 passed by the City Civil Court at Calcutta in Title Appeal No. 14/2018 stands affirmed. The respondent is directed to hand over vacant possession of the suit property by 31.12.2024. [Paras 21-24].

Criminal Law – Preventive Detention – COFEPOSA Act – Detention order quashed due to procedural violations – The appellant, wife of the detenu (Shaji A.K.), challenged the preventive detention of her husband under COFEPOSA for allegedly engaging in illegal foreign exchange transactions – Detention based on statements, WhatsApp chats, and documents linking the detenu to hawala transactions – Detention order passed on 31st August 2023 and confirmed on 28th November 2023 by the Central Government – Supreme Court quashed the detention on the grounds of (i) non-supply of crucial documents (statements of a key witness) relied on by the Detaining Authority, and (ii) excessive and unjustified delay of nearly nine months in considering the detenu’s representation – Held: Both procedural lapses violated the detenu’s fundamental rights under Article 22(5) of the Constitution, which mandates the earliest opportunity for making an effective representation [Paras 1-72].

Constitutional Law – Article 22(5) – Right to make effective representation – Non-supply of key documents – The Detaining Authority had relied upon multiple statements, including those of Preetha Pradeep, in arriving at its subjective satisfaction for the detention order – These statements were not provided to the detenu, violating his right to make an effective representation – Supreme Court emphasized that the right to representation under Article 22(5) requires the supply of all material documents relied upon by the Detaining Authority – Citing precedent from cases such as M. Ahamedkutty v. Union of India (1990) and Radhakrishnan Prabhakaran v. State of Tamil Nadu (2000), the Court held that failure to supply such documents vitiates the detention [Paras 17-44].

Preventive Detention – Delay in consideration of representation – The detenu’s representation, submitted on 27th September 2023, was not transmitted or decided until June 2024, despite repeated judgments stressing the importance of expeditious consideration of such representations – The delay of almost nine months, largely due to jail authorities sending the representation via ordinary post, was deemed excessive – Supreme Court held that such delay infringes the detenu’s constitutional right under Article 22(5) – Referencing earlier cases such as Tara Chand v. State of Rajasthan (1981), Rattan Singh v. State of Punjab (1981), and Vijay Kumar v. State of Jammu & Kashmir (1982), the Court reaffirmed that even delays of 20-27 days in considering a representation can vitiate the detention [Paras 45-63].

Failure of Prison Authorities – Negligent transmission of representation – The Court criticized the prison authorities for their negligent handling of the detenu’s representation, which was sent via ordinary post without any tracking mechanism – Supreme Court expressed the need for authorities to adopt modern communication methods (e.g., email, speed post) to ensure that representations are promptly transmitted to the Detaining Authority and Central Government – The failure to promptly forward the representation deprived the detenu of his valuable constitutional right to a speedy decision, thereby invalidating the detention [Paras 60-70].

Preventive Detention – Procedural lapses – Inadequate explanation for delays – The Court noted the lack of any plausible explanation for the delay in deciding the representation even after it was received by the Central Government and Detaining Authority – Despite receiving the representation on 14th/15th May 2024, the authorities delayed its consideration by 20-27 days without any justification – Relying on Aslam Ahmed Zahire Ahmed Shaik v. Union of India (1989) and B. Alamelu v. State of Tamil Nadu (1995), the Court reiterated that such unexplained delays violate constitutional guarantees and render the detention unlawful [Paras 63-71].

Decision: Appeal allowed – Detention order set aside – High Court’s order in Writ Petition (Criminal) No. 1271 of 2023 quashed – Detenu to be released forthwith if not required in any other case [Paras 72].

Environmental Law – Solid Waste Management – Closure of Garbage Processing Plant (GPP) – Reversal on Appeal – National Green Tribunal (NGT) ordered the closure of a Garbage Processing Plant (GPP) at Baner, Pune, citing violations of environmental norms – Directed the Pune Municipal Corporation (PMC) to relocate the GPP and convert the land into a biodiversity park – NGT found the GPP violated the right to a clean environment of local residents – On appeal, the Supreme Court quashed the NGT’s order, holding that the plant's setup complied with the earlier Municipal Solid Waste (Management and Handling) Rules, 2000, and was not bound by the newer 2016 Rules – Further, the delay in challenging the Environmental Clearance (EC) granted in 2016 was deemed excessive – Held: The closure of the GPP would be detrimental to public interest and environmentally unsustainable [Paras 1-56].

Environmental Regulations – Applicability of Rules – 2000 vs. 2016 Rules – GPP established before the enactment of the 2016 Solid Waste Management Rules – Pune Municipal Corporation and Noble Exchange Environment Solution sought and obtained necessary authorizations and clearances under the 2000 Rules – Supreme Court held that since the project began prior to the 2016 Rules, it was governed by the 2000 Rules, and thus, the buffer zone requirements of the 2016 Rules were not applicable – The 2016 Rules allow two years for local bodies to establish infrastructure, but the GPP was already operational by that time, and hence the 2000 Rules still applied [Paras 27-34].

Environmental Clearance – Delay in Legal Challenge – Objection to Environmental Clearance (EC) raised three years after it was granted – The Supreme Court observed that the residents were aware of the development plan and the GPP’s Environmental Clearance from 2016 – The delay in filing the challenge in 2019 was considered fatal, and the court rejected the challenge on grounds of limitation under the NGT Act [Paras 6, 26].

Public Interest – Garbage Processing Plant and Environmental Sustainability – Appeal against GPP closure allowed – The Supreme Court emphasized that closing the GPP would result in transporting waste across the city, increasing environmental hazards, and public nuisance due to odour and waste spillage – Court noted that the GPP used environmentally friendly anaerobic digestion technology to produce biogas, which supported public transport in Pune – Held: Closure of the GPP would be against public interest and environmentally harmful [Paras 42-45].

Municipal Obligations – Compliance with NEERI Recommendations – While setting aside the NGT’s order, the Supreme Court directed the Pune Municipal Corporation and the GPP operator to comply with the National Environmental Engineering Research Institute’s (NEERI) recommendations, including installing odour control systems, covering waste areas, and enhancing green cover around the plant – The court mandated regular environmental audits by NEERI every six months and strict compliance with its findings [Paras 49-56].

Decision: Appeals allowed – National Green Tribunal’s orders quashed – Garbage Processing Plant to continue operations – PMC and operator directed to implement environmental safeguards and audit mechanisms as prescribed by NEERI – Pending applications disposed of [Paras 47-57].

Constitutional Law – Right to Property – Threatened Demolition of Property – The petitioner, a co-owner of a legally constructed house, faced threats of demolition by municipal authorities after an FIR was filed against a family member – The petitioner argued that law should take its course against the accused, but the rest of the family should not be penalized through the demolition of their residence – Held: Actions of the State must be governed by the rule of law, and the alleged involvement in crime by one family member is no ground for the demolition of property legally constructed and occupied by other family members – The Court emphasized that such demolition threats are inconceivable in a nation where law is supreme and could be viewed as an overreach by authorities, effectively bulldozing over the laws of the land [Order].

Constitutional Law – Rule of Law – Due Legal Process – The Court observed that the alleged crime must be proven through due legal process in a Court of law – State actions should not transgress the rule of law by demolishing property based solely on accusations – Held: The State is to maintain the status quo regarding the petitioner's property until the matter is resolved through due legal process [Order].

Decision: Issue notice returnable in four weeks – Status quo in respect of the petitioner’s property is to be maintained by all concerned until the returnable date [Order].

Arbitration Law – Extension of Time under Section 29A – Post-Expiry Applications – Maintainability – Appeals concerning whether an application for extension of time under Section 29A of the Arbitration and Conciliation Act, 1996, can be filed after the expiry of the mandate of the arbitral tribunal. The Calcutta High Court held that such an application must be filed before the mandate expires, a view supported by the Patna High Court. However, High Courts in Delhi, Bombay, Kerala, Madras, and Jammu & Kashmir took an opposite stance, allowing post-expiry applications. – Held: The Supreme Court accepted the broader view that applications for extension could be filed after expiry, as long as sufficient cause was shown. A narrow interpretation of “terminate” under Section 29A(4) would unduly restrict arbitration proceedings, contrary to legislative intent. The Court emphasized that flexibility is inherent in the provision, allowing extensions both before and after the tribunal’s mandate ends [Paras 1-9, 20].

Interpretation of “Terminate” – Conditional Nature – Purpose of Section 29A – The expression “terminate” in Section 29A(4) of the Act was interpreted in the context of ensuring efficient arbitration, not to impose strict finality. The word “terminate” is followed by “unless,” implying that the tribunal’s mandate can continue if the court grants an extension. The Court noted that a strict literal interpretation would lead to unnecessary disruptions in arbitration, forcing parties to restart proceedings. This interpretation would also undermine the legislative goal of expediting arbitration and reducing litigation costs. The Court reiterated that judicial discretion, as envisioned in Section 29A(5), provides sufficient safeguards against abuse of process [Paras 15-19].

Decision: Appeal allowed – Application for extension of time under Section 29A(4) maintainable even after expiry of the arbitral tribunal’s mandate – The High Court’s restrictive interpretation overturned – The matter was remitted for final hearing and disposal – Parties directed to proceed in accordance with the decision.

Criminal Law – PCPNDT Act – Illegal Search and Seizure – Reversal on Appeal – The appellant, a radiologist, was convicted under Section 23 of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994, for allegedly conducting illegal sex determination tests. A raid conducted solely by the Civil Surgeon at the appellant's clinic led to the seizure of evidence. The trial court convicted the appellant based on this evidence. On appeal, the Supreme Court held that the raid and search were unauthorized, as they were not sanctioned by the full District Appropriate Authority as required under Section 30(1) of the Act – Held: The search and seizure were illegal, vitiating the entire prosecution case [Paras 1-14].

Search and Seizure – Legality of Raid – Section 30(1) of the 1994 Act – The raid on the appellant’s clinic was conducted by a team formed solely by the Civil Surgeon without the approval or involvement of other members of the District Appropriate Authority, as mandated by Section 30(1) of the Act. The Court observed that the procedural safeguards requiring the full Authority’s approval were ignored. The Civil Surgeon acted unilaterally, rendering the search illegal. Since the raid did not comply with the law, all evidence obtained through the raid was inadmissible, and the FIR was quashed [Paras 10-12].

Offence under Section 23 of the 1994 Act – Illegality of Evidence – The Court found that the prosecution’s case rested entirely on the evidence obtained from the illegal search. Since the search was unauthorized, the evidence collected was inadmissible. Consequently, continuing prosecution based on this tainted evidence would amount to an abuse of the legal process. The conviction and the FIR were quashed, and the appellant was acquitted [Paras 13-14].

Decision: Appeal allowed – Conviction under Section 23 of the 1994 Act set aside – FIR and complaint quashed – Appellant acquitted [Paras 13-14].

Landlord-Tenant Dispute – Appeal – Reversal of High Court Judgment – Appeal concerning ownership of property following a dispute between landlord and tenant – Supreme Court held that no right of ownership was conferred upon the tenant under the consent order, which merely dealt with the conditions for eviction or dismissal of eviction proceedings – High Court's decision to declare the tenant as the owner was reversed, and the judgments of the lower courts were restored – Appeal allowed with costs [Paras 1-50].

Consent Order – Interpretation of Terms – Tenant agreed to deposit a sum of Rs. 12,500 in court in the name of the landlord, as per a settlement under Section 14 of the Himachal Pradesh Urban Rent Control Act, 1971 – The settlement only stipulated that failure to deposit the amount would lead to eviction, while timely payment would result in the dismissal of the eviction application – The court clarified that this settlement did not confer ownership rights upon the tenant, and no registered document of title transfer existed [Paras 5-30].

Execution Proceedings – Tenant's Application for Ownership – Tenant's subsequent attempt to have his name recorded as the owner of the property, based on the consent order, was found to be unsustainable – The building had collapsed by the time the case reached execution proceedings, rendering the tenant’s claim moot – Court held that execution of the consent order was not a valid route for obtaining ownership rights [Paras 25-45].

Decision: Appeal allowed – High Court’s judgment set aside – Judgments of the trial court and first appellate court dismissing the tenant's suit were restored – The tenant did not acquire ownership rights under the settlement – Costs awarded to the appellant [Paras 45-50].

Service Law – Selection Process – Irregularities – Appellants challenged the selection process for Laboratory Attendants by PSEB, alleging non-transparent shortlisting and arbitrary criteria – The Single Judge set aside the selection, directing a fresh process with revised criteria, including the elimination of marks awarded for rural area residence – The Division Bench reversed, finding the process generally fair, except for the rural area marks – On appeal, it was held that the selection criteria lacked transparency and merit-based shortlisting – Held: The selection process is set aside, and fresh selection to be conducted based on revised criteria [Paras 1, 8, 14, Conclusion].

Shortlisting of Candidates – Transparency and Merit – The court found that PSEB had shortlisted candidates 63 times the number of vacancies without any pre-determined criteria for selection – Marks from the written test were not considered, and the selection process lacked clarity and merit-based assessment – Held: The selection should be based on written test scores, with only candidates five times the number of vacancies proceeding to the interview stage [Paras 8, 19, 20].

Rural Area Marks – Legal Validity – Both the Single Judge and the Division Bench concluded that awarding marks for rural area residence was legally impermissible – Citing the precedent in Abhishek Rishi v. State of Punjab, the court agreed that such a criterion violated constitutional principles of equality – Held: Marks for rural areas eliminated from the revised selection process [Paras 14, 22, Conclusion].

Selection Criteria – Proportionality of Marks – The court emphasized that the selection criteria for Laboratory Attendants must strike a balance between academic qualifications, practical knowledge, and interview performance – It directed that marks for the interview, practical knowledge, and experience should not exceed 1/3rd of the total marks – Held: The merit of candidates should be reassessed based on revised criteria, with greater weightage given to written examination scores [Paras 22, 25, Conclusion].

Decision: Appeals allowed – Judgment of the Division Bench set aside – Fresh selection process to be conducted by PSEB within eight weeks based on revised criteria, eliminating rural area marks and focusing on merit in the written examination – Candidates five times the number of vacancies to be shortlisted for interviews – Waiting list of 10 candidates to be prepared.

Transfer Petition – Request for Transfer of Proceedings – Insufficient Grounds for Transfer – The petitioner, P. Srinivasan, sought the transfer of criminal proceedings from Nellore, Andhra Pradesh, to Saket, New Delhi, primarily on the grounds of relocation and failure of local police to conduct proper investigation. The court observed that while the petitioner had legitimate grievances regarding the investigation, relocation alone was insufficient to justify transfer. Instead, the court expanded the scope of the petition and directed a fresh investigation by a new Investigating Officer – Transfer Petition dismissed, and fresh investigation ordered [Paras 5-11].

Failure of Local Police to File Final Report – Contradictory Statements by Police – Despite the Nellore police’s claim that a final report was submitted on 08.12.2021, there was no record of such a report being filed. The police took contradictory stands before the High Court and the Judicial Magistrate regarding the status of the final report. The court declared the purported final report as "non-est" and ordered the Senior Superintendent of Police, Nellore, to appoint a new Investigating Officer to complete the investigation within three months [Paras 9-10].

Judicial Oversight – Expanding Scope of Transfer Petition – Instead of transferring the case, the court took cognizance of the police's failure to file a proper report and ensured judicial oversight by issuing directions to expedite the investigation. The court emphasized that the transfer of proceedings should not be based solely on the petitioner’s convenience when more effective remedies could be provided through judicial orders [Paras 10-11].

Decision: The Transfer Petition is dismissed. The Senior Superintendent of Police, Nellore, is directed to appoint a new Investigating Officer to complete the investigation of FIR No. 244/2019 within three months. The purported final report is declared non-est, and a fresh report is to be filed under Section 173(2) Cr.P.C. [Paras 10-11].