Delhi School Education Rules 1973 - Rule 121 - Disciplinary Proceedings - The Tribunal's power to award back wages upon reinstatement of an employee was contested - High Court held that Rule 121 does not confer express power on the Tribunal to award back wages, limiting such power to the managing committee - Supreme Court analyzed the statutory provisions and concluded that the Tribunal does not have express power under Sections 8 and 11 of the Act to award back wages, which is within the purview of the managing committee under Rule 121 [Paras 1-34].

Express Power - Interpretation - Section 11(6) of the Delhi School Education Act, 1973, was scrutinized to determine if it confers express power on the Tribunal to decide on back wages - The Supreme Court found that while the Tribunal has the power to stay operation of the order appealed against, it lacks express authority to grant back wages, which is explicitly conferred on the managing committee under Rule 121 [Paras 10-24].

Judicial Review - Ultra Vires - The argument that Rule 121 is ultra vires Section 11 of the Act was examined - Supreme Court held that Rule 121 is not ultra vires, as it aligns with the legislative scheme and provides a coherent framework for addressing reinstatement and back wages, requiring the managing committee to decide on these matters post-reinstatement [Paras 25-36].

Decision: Appeal dismissed - High Court's interpretation upheld - Rule 121 of the Delhi School Education Rules, 1973, was found to be intra vires, and the authority to award back wages remains with the managing committee, not the Tribunal - Tribunal's role limited to adjudicating the legality of termination orders, not deciding on pay and allowances during the period of absence [Paras 37-40].

Constitutional Law – Article 31C Protection – The State of Karnataka contended that Section 20 of the Karnataka Slum Areas (Improvement and Clearance) Act, 1973, enjoys immunity under Article 31C of the Constitution – The High Court ruled that Article 31C protection was unavailable as the Act was enacted before the 44th Amendment – The Supreme Court emphasized the need to consider whether the Act’s provisions align with the objectives in Article 39(b) and are therefore protected by Article 31C [Paras 7-16].

Compensation – Determination Method – The method of calculating compensation as 300 times the property tax under Section 20 of the Act was challenged as being arbitrary and providing illusory compensation – The High Court declared Section 20 unconstitutional, requiring a market value-based compensation approach similar to the Land Acquisition Act, 1894 – Supreme Court remanded the case to the High Court for detailed consideration of the constitutionality of Section 20 and the compensation method [Paras 7-25].

Procedural Aspects – Lapsing of Acquisition – Respondents argued the acquisition under the Act had lapsed due to the time elapsed since the initial notification – High Court ruled there was no provision for lapsing under the Act unlike the L.A. Act – Supreme Court directed the High Court to examine the procedural adequacy of the acquisition under Section 17 [Paras 2-6, 20-21].

Decision: Appeals disposed of – High Court's judgments set aside – Cases remanded to the High Court for reconsideration of constitutional validity of Section 20 and procedural compliance under Section 17 – Liberty granted to parties to amend pleadings and file further affidavits – High Court directed to expedite the hearing and decide expeditiously [Paras 21-25].

Family Law – Right of Natural Guardian – Mother, as the only natural guardian after the father's death, has the right to decide the surname of her child and give the child in adoption – High Court's direction to restore the child's original surname was overturned – Mother's decision to change the surname to that of her new husband is valid and aligns with the child's best interests and social identity [Paras 6-11, 19].

Adoption and Surname – Legal Implications – Section 12 of the Hindu Adoption and Maintenance Act, 1956, stipulates that an adopted child assumes the surname of the adoptive family – Adoption legally severs ties with the biological family, making the adoptive family the child's new family for all purposes – Judicial intervention in changing the surname without a specific prayer is improper [Paras 12-14].

Judicial Propriety – Relief Beyond Pleadings – Relief not sought in the pleadings should not be granted – High Court's direction to change the child's surname without a specific plea from the respondents is contrary to established legal principles and constitutes a miscarriage of justice [Paras 15-18].

Decision: Appeals allowed in part – High Court's directions to change the surname of the child set aside – Mother recognized as the sole natural guardian with the right to decide the surname and adoption of the child – Parties to bear their own costs [Paras 20-21].

Corruption and Falsification of Accounts – Insufficient Evidence – Appellant, a public servant, was convicted for offences under Section 13(1)(d)(ii) read with Section 15 of the PC Act and Section 477A of IPC – Alleged manipulation of records and wrongful gain not supported by material evidence – Investigation revealed no criminal charges against the appellant – Conviction based on ignoring vital admissions in the evidence of prosecution witnesses [Paras 6-19].

Appreciation of Evidence – Perversity in Findings – Both Trial Court and High Court failed to appreciate relevant and vital admissions in the evidence – Findings recorded without considering material evidence amount to perversity – Scope of interference in concurrent findings of fact is limited but warranted in cases of manifest error or perverse findings [Paras 10-25].

Judicial Review – Concurrent Findings – Supreme Court’s authority to interfere in concurrent findings of fact when found to be perverse, based on no evidence, or leading to miscarriage of justice – Reappraisal of evidence justified when lower courts ignore material admissions affecting the outcome [Paras 20-24].

Decision: Appeal allowed – High Court's judgment and conviction set aside – Appellant acquitted of all charges – Bail bonds discharged [Paras 26-27].

Criminal Law – Common Intention – Section 34 IPC – Appellants Sanjay Puran Bagde and Rajratna @ Nandu Bagde were convicted for holding the deceased while co-accused Manoj Puran Bagde and Puran Sakharam Bagde assaulted the deceased with axes – High Court reversed the trial court's acquittal, finding common intention based on their participation and presence at the crime scene with the intention to assist in the murder [Paras 1-6, 12-13].

Evidence – Eyewitness Testimony – Reliability – The testimony of PW-6, the wife of the deceased and an eyewitness, was found reliable by both the trial court and the High Court – Statements under Sections 161 and 164 CrPC were consistent – The appellants’ presence and participation in holding the deceased facilitated the fatal assault, indicating shared common intention [Paras 2-4, 9-11].

Judicial Review – Concurrent Findings – The Supreme Court emphasized the limited scope of interfering with concurrent findings of fact unless shown to be perverse or erroneous – The appellants' role in the crime supported the conclusion of shared common intention, justifying the High Court’s reversal of the acquittal [Paras 10-13].

Decision: Appeal dismissed – High Court's judgment convicting the appellants under Section 302 read with Section 34 IPC upheld – Appellants' role in facilitating the murder established shared common intention [Paras 13-14].

Land Acquisition – Initiation of Proceedings – Section 24(1) of the 2013 Act – Supreme Court held that for the purposes of Section 24(1) of the 2013 Act, the land acquisition proceedings under the L.A. Act shall be deemed to have been initiated with the issuance and publication of the Section 4(1) notification in the official gazette – The Court emphasized that this interpretation aligns with the legislative intention of providing fair compensation while ensuring the continuation of public purpose projects [Paras 1-25].

Effect of Repeal – Section 6 of the General Clauses Act, 1897 – The Court reiterated that the repeal of the L.A. Act by the 2013 Act does not affect the initiation of land acquisition proceedings under the former Act as long as they are consistent with Section 24 of the 2013 Act – The combined effect of Section 24(1) and Section 6 of the General Clauses Act ensures that ongoing acquisition proceedings initiated under the L.A. Act continue under its provisions but with compensation determined according to the 2013 Act [Paras 3-6, 8].

Public Purpose and Compensation – Legislative Intention – The Court underscored the legislative intent behind the 2013 Act to ensure humane, participative, informed, and transparent land acquisition processes that provide just and fair compensation to affected families – The Court highlighted that the interpretation of 'initiation' under Section 24(1) should subserve these objectives [Paras 22-25].

Decision: Appeals allowed – The interpretation of 'initiated' for the purpose of Section 24(1) of the 2013 Act clarified as beginning with the issuance and publication of Section 4(1) notification under the L.A. Act – The Court set aside contrary views and aligned the interpretation with the legislative intent to balance public purpose with fair compensation to affected landowners [Paras 27-31].

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 – Section 14 – Possession of Secured Asset – Supreme Court held that the District Magistrate and Chief Metropolitan Magistrate as mentioned in Section 14 of the SARFAESI Act include Additional District Magistrate and Additional Chief Metropolitan Magistrate – This interpretation ensures the timely disposal of applications under Section 14, fulfilling the Act's objective of expeditious recovery of secured assets [Paras 1-14].

Persona Designata – Section 14 of SARFAESI Act – The Court clarified that the District Magistrate and Chief Metropolitan Magistrate are not persona designata under Section 14 – The Additional District Magistrate and Additional Chief Metropolitan Magistrate can exercise powers under this Section [Paras 3-6, 8].

Ministerial Functions – Nature of Powers – The powers exercised by the Magistrates under Section 14 are ministerial and do not involve any quasi-judicial functions – These powers can thus be exercised by the Additional Magistrates to facilitate the SARFAESI Act’s purpose [Paras 8-10].

Decision: Appeals dismissed – High Court's interpretation upheld that the terms "District Magistrate" and "Chief Metropolitan Magistrate" under Section 14 of the SARFAESI Act include their respective Additional Magistrates – Ensures the objectives of the SARFAESI Act for expeditious possession and disposal of secured assets [Paras 12-14].

Criminal Law – Reversal of Acquittal – Evidence Assessment – High Court reversed the acquittal of the appellants, convicting them under Section 302 read with Section 34 of IPC based on the testimony of an eyewitness (P.W.2) and the recovery of incriminating items – Supreme Court emphasized the importance of corroborating evidence and the credibility of witnesses, especially in cases with procedural lapses and conflicting testimonies [Paras 1-20].

Eyewitness Testimony – Reliability and Contradictions – The reliability of the sole eyewitness (P.W.2-Mahesh) was questioned due to material contradictions and discrepancies in his statements – The Court underscored the necessity for the testimony to be of sterling quality, especially when it forms the basis of conviction [Paras 21-24, 35-38].

Investigative Lapses – Impact on Prosecution Case – Serious lapses in the investigation, including the failure to produce critical documents and inconsistent statements recorded by different officers, were highlighted – The Court noted that such lapses undermine the prosecution's case and the credibility of the evidence presented [Paras 25-34, 39-40].

Decision: Appeals allowed – High Court's judgment and conviction set aside – The appellants acquitted of all charges due to unreliable witness testimony and significant procedural lapses in the investigation – The well-reasoned order of acquittal by the Sessions Judge restored [Paras 41].

Thika Tenancy – Definition and Scope – Interpretation of ‘thika tenant’ under the Calcutta Thika Tenancy Act, 1949, and subsequent statutes – Supreme Court held that the term 'any structure' includes both kutcha and pucca structures – The Court examined legislative amendments and their retrospective effect, and the implications on tenancy and landlord's interest in the property [Paras 1-25].

Vesting of Property – Impact of Legislation – Section 5 of the Calcutta Thika Tenancy (Acquisition and Regulation) Act, 1981, and its Amendment in 1993 and 2010 – The Court clarified the vesting of landlord’s interest in thika tenancy lands and other lands – The legislative intention to protect tenants and ensure equitable utilization of lands for public good [Paras 3-8, 22-25].

Judicial Precedents – Reliance on Previous Judgments – The Court referred to several precedents including Jatadhari Daw & Grandsons v. Smt Radha Debi & Anr., and Lakshmimoni Das and Ors. v. State of West Bengal and Ors., analyzing the interpretation of ‘any structure’ and its application in the context of thika tenancy laws [Paras 15-20].

Decision: Appeals allowed – High Court's judgment reversed – The appellants declared as thika tenants under the relevant statutes – The property in question deemed to have vested in the State free from all encumbrances as per the applicable legislation – The Court emphasized the legislative intent behind protecting thika tenants and ensuring equitable utilization of land [Paras 27-31].