Pension Law – Late Entrant – Regulation 15 of Pension Regulations, 1961 – Officer not eligible as "late entrant" – Resignation vs. Voluntary Retirement – Resignation does not qualify for pensionary benefits under Regulation 15 – Respondent's resignation based on lack of promotional prospects – No entitlement to relaxation under "late entrant" category – Appeal allowed, Tribunal's order set aside [Paras 6-11].

Pension Regulations – Application – Pension Regulations, 2008 not applicable – Respondent governed by Pension Regulations, 1961 – New pension regulations do not have retrospective effect – Pre-commission service not counted towards qualifying service under 1961 regulations [Paras 9-10].

Distinction – Resignation vs. Voluntary Retirement – Resignation forfeits service benefits – Voluntary retirement permissible after qualifying service – Resignation tendered before completion of qualifying service not eligible for pension benefits [Paras 7-8].

Decision: Appeal allowed – Respondent not entitled to pensionary benefits as a "late entrant" – Armed Forces Tribunal's judgment quashed – No order as to costs [Para 12].

Contract Law – Lease Agreement – Lease deed dated 08.11.2011 was the basis of the appellant's application for dealership – Lease to commence from the date of approval of the petrol pump – Lease deed considered a firm offer rather than an effective lease as of the application date [Paras 4-14].

Registration Act – Section 47 – Application – Registered document operates from the time it would have commenced if no registration was required – Does not predate the commencement of the lease period stipulated in the lease deed [Paras 5, 15].

Transfer of Property Act – Lease Definition – Lease of immovable property transfers the right to enjoy the property for a specified period – Lease period in this case was to begin only after the approval of the petrol pump, thus not in effect on the application date [Paras 10-14].

Judicial Review – Decision on Largesse – Public authorities have a degree of discretion in interpreting terms for awarding largesse – Rectification deed executed post-application to correct lease terms viewed skeptically [Paras 17].

Decision: Appeal dismissed – Appellant not entitled to 35 marks for the lease – Lease deed effective only from future approval date, not on the application date – High Court judgment upheld [Paras 16-18].

Insolvency Law – Limitation – Application under Section 7 of the Insolvency and Bankruptcy Code – Burden of proving the occurrence of default and the application within the limitation period is on the financial creditor – Adjudicating Authority can consider material from both financial creditor and corporate debtor – Application not barred by limitation if there is acknowledgment of debt within the prescribed period [Paras 13-23].

Power of Attorney – Maintainability of Application – Application under Section 7 can be filed by a duly authorized person through power of attorney – General authorization given to an officer to commence legal proceedings includes filing applications under Section 7 – Authorization validated by prior resolutions of the Board [Paras 7-12].

Section 18 of Limitation Act – Acknowledgment of Debt – Fresh period of limitation starts from acknowledgment of liability – Section 18 applies to proceedings under Section 7 of the Code – Material indicating acknowledgment within three years allows for extension of limitation period [Paras 21-23].

Decision: Appeal dismissed – Application under Section 7 was filed within the extended period of limitation due to acknowledgment of debt – Proper authorization for filing the application established [Para 24].

Evidence Law – Exclusion of Oral Evidence – Oral evidence to contradict written agreements is generally excluded – Exception exists when the document is alleged to be a sham transaction – No evidence of fraud, intimidation, illegality, or failure of consideration was present to permit oral evidence against the sale deed – Findings of the First Appellate Court and High Court set aside [Paras 1-29].

Contract Law – Consideration – Sale deed executed out of natural love and affection between brothers – Recital of nominal sale consideration in sale deed is sufficient – Discharge of debts by appellant for respondent established consideration – Registered sale deed carries presumption of correctness [Paras 19-22].

Res Judicata – Applicability – Second suit barred by res judicata principles – Issues already decided in the first suit – Appeals against both suits decided together, affirming first suit’s findings and dismissing the second suit [Paras 13-16].

Amendment of Pleadings – Discretion of Appellate Court – Amendment allowed at the first appeal stage – No new evidence led post-amendment – Arguments against amendment not examined as suits were decided together [Paras 15-16].

Decision: Appeal allowed – Judgment and decree of the First Appellate Court and the High Court set aside – Trial court’s judgment in Special Civil Suit No. 55/77/I restored – Special Civil Suit No. 71/80/I dismissed – Respondents granted two months to vacate and hand over possession of the property [Paras 30].

Service Law – Promotion – Respondent's promotion withheld due to disciplinary action leading to 'censure' – Bank’s rules specify 'censure' as a minor penalty – Adoption of sealed cover procedure for respondent’s promotion due to pending disciplinary action – Supreme Court held that promotion recommendations in a sealed cover cannot be effected if a minor penalty like 'censure' is imposed [Paras 1-11].

Sealed Cover Procedure – Guidelines and Application – Circular No.118 of SBI specifies sealed cover for officers with pending disciplinary actions – Sealed cover not to be opened if disciplinary action results in minor penalties – Recommendations of selection committee kept in sealed cover to be considered only in next promotion cycle after conclusion of disciplinary proceedings [Paras 6-10].

Judicial Precedents – Supreme Court references to prior rulings affirming the principle that even minor penalties prevent implementation of sealed cover recommendations – Relevant cases cited include State of M.P. & Anr. vs. I. A. Qureshi and Union of India & Ors. vs. A.N. Mohanan, reinforcing the non-application of sealed cover outcomes if disciplinary penalties are imposed [Paras 8-9].

Decision: Appeal allowed – Impugned orders of the learned Single Judge and the Division Bench set aside – Promotion recommendations in sealed cover not to be implemented due to the minor penalty of 'censure' – Respondent to be considered for promotion in the next cycle as per bank’s rules [Paras 11-12].

Land Acquisition – Market Value – Sections 4 and 6 of the Land Acquisition Act, 1894 – Enhancement of compensation – Land acquired for housing project – Sale deed dated 11.01.1990 for small parcel (5 1/2 cent) considered for determining market value – Suitable deduction of 60% applied due to small size of the parcel – Market value determined at Rs. 1191 per cent after deduction [Paras 6-7].

Comparative Sales – Small Parcel of Land – Sale deed for small parcels can be considered in determining market value by applying suitable deductions – The deduction is necessary to account for the difference in value due to smaller size compared to larger parcels [Paras 7.2].

Judicial Review – High Court’s Assessment – The High Court reduced compensation without proper justification – Supreme Court re-evaluated compensation based on the sale deed and applied appropriate deductions [Paras 7.1, 7.2].

Decision: Appeal partly allowed – Compensation for the land acquired fixed at Rs. 1191 per cent with all statutory benefits under the Land Acquisition Act – High Court’s judgment modified accordingly – No order as to costs [Para 7.2].

Civil Procedure – Second Appeal – Section 100 CPC – Section 41 of the Punjab Courts Act, 1918 – Findings of fact – Jurisdiction – Second appellate jurisdiction under Section 41 of the Punjab Courts Act is limited to errors in law or procedure, not merely errors on questions of fact – High Court cannot interfere with findings of fact unless there is a legal or procedural error [Paras 13-14, 18].

Civil Procedure – Concurrent Findings – High Court’s interference – High Court's jurisdiction in second appeal does not extend to reappreciation of evidence or substitution of its own findings for those of the lower courts unless the findings are perverse or result from legal error – Concurrent findings of fact should generally be upheld [Paras 18-19].

Documentary Evidence – Registered Sale Deed – Credence given to registered documents over unregistered agreements – Findings of fact based on registered documents should not be lightly interfered with in second appeal [Para 9].

Decision: Appeal allowed – High Court’s judgment set aside – Concurrent findings of fact by the trial court and the first appellate court restored – No order as to costs [Para 19].

Constitutional Law – Recruitment – Articles 14 and 16 – Upper age limit – Rehbar-e-Taleem (Re-T) scheme – The scheme and advertisement specified 'as far as possible' the upper age limit as 35 years – High Court held this phrase to be directory – However, Supreme Court held that interpreting it as directory would give unbridled discretion to authorities – Provision relating to upper age limit must be mandatory to ensure uniformity and prevent arbitrary selections – Upper age limit of 35 years upheld [Paras 6-8].

Civil Procedure – Upper Age Limit – Advertisement for Re-T teachers – Words 'as far as possible' in age qualification are directory only in specific contexts where the structure of the rule supports flexibility – In this case, directory interpretation would violate Articles 14 and 16 of the Constitution – Uniformity in eligibility criteria for public posts necessary [Paras 7-8].

Judicial Review – Appointments – Continuation of Respondent No. 2 – High Court erred in directing both respondents' appointments for a single post – Directions to continue Respondent No. 2 set aside – State directed to accommodate Respondent No. 2 in another vacancy due to her long service [Paras 9-10].

Decision: Appeal disposed of – Directions of the High Court appointing both respondents set aside – Respondent No. 2 to be accommodated in another vacancy – No entitlement to benefits prior to fresh appointment other than already paid salary and allowances [Para 11].

Civil Procedure – Summons – Order 5 Rule 9(5) CPC – Summons sent by registered post returned with postal endorsement 'refusal' – Due service presumed – When a notice is sent by registered post and is returned with endorsements like 'refused' or 'not available in the house', due service is presumed – Defendant cannot seek setting aside of an ex-parte decree on this basis [Paras 19-20].

Civil Procedure – Ex-Parte Decree – Order 9 Rule 13 CPC – Application to set aside ex-parte decree – Summons served by registered post presumed served when returned with 'refusal' endorsement – Ex-parte decree passed after defendant’s refusal to accept summons – Application to set aside ex-parte decree rightly dismissed by lower courts – High Court's order allowing such application set aside [Paras 11, 21].

Service of Summons – Presumption of Service – Section 27 of the General Clauses Act, 1897 – Summons presumed served when sent to correct address and returned with endorsement 'refused' – Legal requirements fulfilled when summons returned with such endorsement [Para 19].

Decision: Appeal allowed – Orders of the High Court dated 21.04.2006 and 18.10.2019 set aside – Application under Order 9 Rule 13 CPC dismissed – No costs [Paras 20-22].