Dowry Death – IPC Section 304B – The trial court convicted the appellant based on the second dying declaration implicating him, despite acquitting his parents on the same evidence – High Court reduced the sentence but upheld the conviction – Supreme Court found the first dying declaration more reliable as it was made voluntarily without any external influence, unlike the second declaration recorded in the presence of the deceased's relatives, which could have been influenced – Benefit of doubt given to the appellant similar to that given to his parents by the trial court [Paras 1-20].

Dying Declaration – Reliability – The court must ensure the dying declaration is true, reliable, voluntary, and made in a fit state of mind – When multiple dying declarations exist, the one recorded by a higher authority like a Magistrate, without suspicion, is more reliable – Inconsistencies and lack of corroboration necessitate careful scrutiny of each case's facts [Paras 8-10].

Decision – Appeal allowed – High Court and trial court judgments set aside – Appellant acquitted of all charges – Bail bonds discharged [Paras 22-23].

Criminal Law – Conviction Reversal – High Court convicted the appellant under Section 302 read with Section 34 IPC after reversing the trial court's acquittal – Appellant's appeal to Supreme Court dismissed in limine without recording reasons – Supreme Court emphasized the need for notice and recording reasons when disposing of appeals under Article 134(1)(a) or (b) or Section 2 of the Enlargement of Jurisdiction Act [Paras 1-38].

Constitutional Law – Right to Appeal – Supreme Court upheld that the deletion of Rule 15(1)(c) of Order XXI by the Amendment Rules, 1981, does not violate the principles laid out in the Constitution Bench decision in Sita Ram v. State of Uttar Pradesh – Emphasized procedural fairness and the necessity of recording reasons in appeal dismissals [Paras 19-37].

Judgment – Fairness in Judicial Process – The necessity of recording reasons for dismissal of appeals to ensure transparency and fairness – The decision aligns with Article 21 of the Constitution guaranteeing the right to life and personal liberty [Paras 24-27].

Decision – Writ Petition disposed of – No relief granted due to the finality of the previous judgment and dismissal of the review petition – Principles from the Constitution Bench's decision in Sita Ram to guide future procedures in preliminary hearings of criminal appeals [Paras 38-40].

Mutual Funds – Winding Up – SEBI Regulations – FIFA sought commission for mutual fund distributors from the date of winding-up notices – Court held that Regulation 52 applies only when the scheme is in operation and not after the winding-up notice – Commission payment is not an expense connected with winding up under Regulation 41(2)(b) [Paras 1-9].

Regulatory Interpretation – Recurring Expenses – Court clarified that recurring expenses under Regulation 52, including distributor commission, are applicable during the scheme's operation – Post-winding-up, such expenses are not permissible – Transparency regulations do not confer additional rights to claim expenses during winding up [Paras 3-9].

Order – Application dismissed – FIFA's claim rejected – Franklin Templeton's statement on bearing liquidation expenses recorded [Paras 10-11].

Criminal Law – Charge Framing – High Court set aside the trial court's order framing charges of rape and POCSO Act offenses against the accused – Supreme Court found the High Court's reasoning, particularly on delay in lodging FIR, incomprehensible and erroneous – Reiterated that charges should be framed based on prima facie evidence and strong suspicion, not proof [Paras 20-31].

Revisional Jurisdiction – Scope – Emphasized that the revisional jurisdiction should be invoked sparingly, primarily to correct gross errors or jurisdictional issues – Interference at the charge-framing stage should be minimal, allowing the trial to proceed unless there's clear abuse of process [Paras 21-27].

Delay in FIR – Not a Ground for Discharge – Supreme Court held that delay in lodging FIR cannot be a sole ground for discharging the accused – The truthfulness and sufficiency of evidence are to be tested during the trial [Para 20].

Decision – Appeal allowed – High Court's order set aside – Trial court directed to proceed with the trial based on the original charges framed – Observations made for deciding the appeal not to influence the trial court's final judgment on the merits [Paras 31-32].

Criminal Law – Quashing of Proceedings – Section 482 CrPC – High Court dismissed the appellant's application to quash criminal proceedings related to an offense under Section 376 IPC – Supreme Court allowed the appeal, holding that the allegations did not prima facie constitute the offense of rape – Consensual relationship between the parties negated the essential ingredients of Section 376 IPC [Paras 3-15].

Consent and Misconception of Fact – Sections 375, 376 IPC – The complainant and appellant were in a consensual relationship from 2013 to 2017 – The complainant's marriage and subsequent divorce were acknowledged – Allegations did not establish that the appellant's promise to marry was false at inception and intended to induce a sexual relationship – Supreme Court emphasized the need for a clear distinction between breach of a promise and a false promise made with dishonest intent [Paras 10-14].

Revisional Jurisdiction – Scope – Supreme Court reiterated the cautious exercise of powers under Section 482 CrPC – Interference warranted only when the FIR or charge-sheet does not disclose any cognizable offense or is manifestly attended with mala fide intentions [Paras 7-9].

Decision – Appeal allowed – High Court's order set aside – Application under Section 482 CrPC allowed – Case Crime No. 11 of 2018, charge-sheet dated 23 April 2018, and the order taking cognizance dated 24 May 2018 quashed [Paras 15-16].

Land Acquisition – Compensation – The Union of India sought reduction of compensation, while the Company sought enhancement – Supreme Court upheld compensation for the land acquired, modifying the Reference Court’s award to Rs.19 per square feet – Compensation for severance of land awarded at Rs.9.5 per square feet for land on the eastern side, excluding statutory benefits under Sections 23(1-A) and 23(2) – Reference Court’s award for construction expenses maintained [Paras 1-30].

Land Utilization – Restricted Area – Compensation granted for land within 30 meters from the railway track – Compensation for land on the western side abutting the road denied as it could still be utilized for other purposes [Paras 14-20].

Market Value – Determination – Supreme Court emphasized using comparable sales and rejected reliance on developed land prices for determining undeveloped land value – Previous sales and specific local conditions considered for valuation [Paras 11-19].

Decision – Appeals partly allowed – Compensation determined as Rs.19 per square feet for acquired land, Rs.9.5 per square feet for severed land on the eastern side, and construction costs confirmed – Statutory benefits excluded for severance compensation [Paras 29-30].

Partition Suit – Ancestral Property – High Court dismissed the plaintiff's claim that properties at villages Pirangut and Nande were joint family ancestral properties – Supreme Court held that the property at Pirangut was indeed ancestral based on evidence including a written memorandum of settlement and mutation records – The property at Nande was held as self-acquired by the defendant – Equal shares granted to all legal heirs in the Pirangut property [Paras 2-15].

Family Settlement – Evidence – Memorandum of settlement dated 23.12.1961 and mutation entry demonstrated the joint family nature of the Pirangut property – Testimonies of family members supported the claim – High Court’s findings on gift by Raghunath to Pandurang found unsupported by evidence [Paras 8-14].

Judicial Precedents – Legal Principles – Reaffirmed principles regarding ancestral property and partition as established in Vineeta Sharma v. Rakesh Sharma & Ors. (2020) 9 SCC 1 and other relevant cases – Property distribution aligned with recent judgments ensuring equal rights to daughters in ancestral property [Para 15].

Decision – Appeal allowed – High Court's judgment set aside – Preliminary decree granted – All parties including daughters to receive equal 1/10th share in Pirangut property – Directions issued for final decree from competent court [Paras 15-17].

Constitutional Law – Right of Persons with Disabilities – The downgrading of seniority of a physically disabled candidate transferred to his home district was held to be arbitrary, unreasonable, and discriminatory – Supreme Court emphasized that any rule or executive instruction affecting seniority of disabled persons, when transferred for their benefit, would violate Articles 14 and 16 of the Constitution [Paras 2-33].

Disability Rights – UNCRPD – The principles of the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) ratified by India were reiterated – State obliged to give effect to UNCRPD, ensuring that disabled persons are not marginalized or excluded from mainstream society – Fundamental rights to equality, life, and dignity extended to disabled persons [Paras 27-31].

Employment – Seniority – Supreme Court held that the transfer of disabled persons under beneficial circulars should not affect their seniority at the State level – The explanation to Sub-Rule (10) of Rule 29 of the Rajasthan Educational Subordinate Services Rules, 1971, was held inapplicable to physically disabled candidates transferred under the circular [Paras 32-33].

Decision – Appeal allowed – Judgments of Single and Division Bench of High Court set aside – Office Order dated 11th September 2007, downgrading the appellant’s seniority, quashed – Respondents directed to restore the appellant’s seniority in the State list considering past service [Paras 34].

Industrial Disputes – Retrenchment – Principle of law that re-employment of retrenched workmen does not entitle them to claim continuity of service applies only to bona fide retrenchments – The retrenchment followed by an offer of re-employment on new terms and conditions found not bona fide – Tribunal and High Court set aside retrenchment orders and reinstated employees with continuity of service and 75% back wages [Paras 1-18].

Re-Employment – Continuity of Service – Tribunal held retrenchment not bona fide – Employees entitled to continuity of service once retrenchment orders are set aside – Applicable principles reaffirmed from Cement Corpn. of India Ltd. v. Presiding Officer Industrial Tribunal-cum-Labour Court and Anr. (2010) 15 SCC 754 and Maruti Udyog Ltd v. Ram Lal and Ors. (2005) 2 SCC 638 [Paras 16].

Back Wages – Proof of Unemployment – Tribunal and High Court correctly awarded 75% back wages based on the employees' consistent testimonies of being unemployed post-retrenchment – Employer failed to provide evidence of gainful employment for retrenched employees [Paras 17-20].

Decision – Appeal dismissed – High Court's judgment affirmed – Reinstatement with 75% back wages upheld – Parties to bear their own costs [Para 20].