Facts:

The case involved a dispute over land acquisition under the Land Acquisition Act, 1894. The defendant had been given a lease for 20 years with a clause that allowed the lessor to seek eviction if rent was in arrears for a year. The leased land was later acquired, and compensation apportionment became a point of contention. The lessee claimed a share in compensation due to being deprived of the unexpired lease period after six years. A dispute also arose after a part of the acquired land was de-notified, and the lessee continued possession.

Issues:

Whether the determination of the lease due to non-payment of rent was res judicata in the subsequent suit for possession?

Whether the suit for possession was barred by limitation?

What was the legal status of the lessee's possession after the lease had expired and rent was unpaid?

Held:

The issue before the Reference Court was limited to apportionment of compensation, not the title or eviction. The finding that the lease was determined due to non-payment of rent was specific to compensation claim, not binding for a suit for possession or title.

The suit for possession was within the 12-year limitation period as per Art.67 of the Limitation Act, 1963. Mere non-payment of rent did not lead to forfeiture of tenancy but gave lessor the right to seek possession. The notice produced in proceedings wasn't part of the evidence in the suit, making reliance on it for limitation erroneous.

After the lease period's expiry, the lessee's status was that of a tenant at sufferance. Section 116 of the Transfer of Property Act granted "tenant holding over" status only if lessor accepted lease money, which didn't apply here.

Facts:

The petitioner, Mukesh, has been convicted, and his conviction was upheld by the High Court. Various appeals and petitions challenging the conviction have been dismissed by the courts, including this Court. The petitioner filed a writ petition under Article 32 of the Constitution of India challenging the rejection of the Mercy Petition.

Issues:

The writ petition include improper evidence consideration, the disability and subsequent suicide of Ram Singh, doubts about the petitioner's arrest, and other related matters.

Held:

The petitioner was given sufficient opportunity, and his conviction has been upheld by the High Court.

The petitioner's points were considered in detail in Crl. Appeal Nos. 607-608 of 2017 Mukesh & Anr. v. State of NCT of Delhi & Ors. and were dismissed by this Court's judgment dated 05.05.2017.

Review Petition (Crl.) No.570 of 2017 and Curative Petition (R) No.6 of 2020 were also dismissed by this Court.

The Mercy Petition of Mukesh was rejected by the President of India, and the writ petition challenging the rejection was dismissed by this Court.

The petitioner's criminal revision petition and subsequent appeals were also dismissed by lower courts.

Considering the submissions of the petitioner's counsel and the series of dismissals by various courts, no grounds were found to entertain the writ petition under Article 32 of the Constitution of India.

Facts:

Bhajan Singh owned the suit land. He executed a registered Will in favor of the appellants. Bhajan Singh resided with the appellants.

Bhajan Singh's wife and daughters started living with his brother after a divorce. A Family Settlement was entered into allocating the suit property to the daughters.

The trial court decreed the suit filed by the appellants based on the registered Will.

After Bhajan Singh's death, the daughters filed a suit challenging the earlier decree.

Issues:

Whether the decree obtained through the registered Will required registration under Section 17 of the Registration Act?

Whether the decree was based on pre-existing rights?

Whether fraud was involved in obtaining the decree?

Held:

The trial court and the First Appellate Court held the decree valid. However, the High Court held it required registration.

The Supreme Court analyzed the applicability of Section 17 of the Registration Act and cited case law. It concluded that a court decree does not require registration.

The court addressed the fraud argument and concluded that there was no fraud involved, as the decree was based on pre-existing rights and claims acknowledged by Bhajan Singh.

The court emphasized that the suit was filed based on pre-existing rights, the defendants' position was admitted by Bhajan Singh, and the decree did not require registration.

Decision: The Supreme Court dismissed the appeal, confirming the judgment of the High Court. Costs were awarded to the respondents.

Facts:

The Government of Bombay had acquired land for the Government of India before 1964, upon which it constructed godowns and silos for storing food grains. These structures were transferred to the Food Corporation of India (FCI) in 1965 after its establishment. The Brihanmumbai Mahanagar Palika (Municipal Corporation of Greater Mumbai) demanded property tax from the FCI for these godowns. The FCI claimed exemption from property tax under Article 285 of the Constitution, asserting that the properties were owned by the Central Government.

Issues:

Whether the FCI is eligible for exemption from property tax under Article 285 of the Constitution of India?

Whether the Municipal Corporation's argument based on Section 146 of the Mumbai Municipal Corporation Act is valid?

Held:

The court analyzed the conditions for exemption under Article 285. Exemption from taxes on Central Government properties can only be denied if the property was subject to municipal tax prior to the Constitution's commencement or if a parliamentary law allows property taxation. In this case, the properties in question were constructed after 1964 and were not previously subject to property tax. Therefore, the conditions for exemption denial under Article 285(2) were not satisfied. The Municipal Corporation is not authorized to impose property tax, thus upholding the FCI's exemption claim under Article 285(1). [Para 27-31]

The court rejected the Municipal Corporation's argument based on Section 146 of the Mumbai Municipal Corporation Act. It emphasized that such arguments could not undermine a constitutional provision. The court stated that the claim of primary or secondary responsibility loses relevance when there is an exemption claim based on property owned by the Government of India. Section 146 cannot be interpreted in a way that contradicts the Constitution. [Para 34-36]

The court emphasized that if the Municipal Corporation's claim to levy property tax is not covered by Article 285(2), it cannot use statutory provisions to bypass the exemption granted by Article 285(1). [Para 37]

Additionally, the court clarified that while the FCI is exempt from property tax under Article 285, it may still be liable to pay service charges for services rendered by the Corporation. [Para 45, 47]

Facts:

The plaintiff filed a suit seeking a declaration that he, his mother, and sisters had equal shares in a land, which defendant No. 5 obtained through a Will. The Will was contested as fraudulent and misrepresented. The trial and the first appellate court rejected the suit, citing existing property partition and valid Will proof. However, the High Court, in a second appeal, decreed in favor of the plaintiff, alleging suspicious circumstances around the Will's execution.

Issues:

Whether the Will's execution was duly proved?

Whether secondary evidence of the lost original Will was admissible?

Whether the High Court's interference with the concurrent findings of lower courts was justified?

Held:

The Will's attesting witness and the scribe's statements confirmed its proper execution. The Will's exclusion of natural heirs didn't render it suspicious. The High Court's intervention was improper as it disregarded the consistent findings of the lower courts. (Para 11, 23, 30, 33)

Section 65 of the Evidence Act permits secondary evidence when the original document is lost. In this case, evidence showed the original Will was lost, and secondary evidence was appropriately admitted. There was no requirement to file an application for permission to lead secondary evidence under Section 65(c). (Para 15, 17, 20)

The High Court, under Section 41 of the Punjab Courts Act, lacked jurisdiction to overturn findings of fact. The findings of fact could not be interfered with even in the absence of framing substantial questions of law. (Para 11)

Facts:

In two separate civil appeals, candidates contested elections for seats reserved for backward class citizens in the Mumbai Municipal Corporation. Section 5B of the Mumbai Municipal Corporation Act required candidates to submit caste validity certificates, failing which, the election would be deemed retrospectively terminated and the candidate disqualified.

Issues:

Whether the jurisdiction of the High Court under Article 226 is ousted by the statutory scheme of Section 5B of the Mumbai Municipal Corporation Act?

Whether the High Court has the authority to pass orders affecting the statutory fiction under Section 5B leading to disqualification?

Whether the interim orders issued by the High Court were within its jurisdiction under Article 226?

Whether the High Court's interim orders allowing candidates to continue were valid in light of the statutory scheme of Section 5B?

Held:

The Court held that the power of judicial review vested in the High Courts under Article 226 overrides any contrary provision in a statute, and this power cannot be taken away or abridged by any statutory provision.

The Court clarified that the High Court can pass orders interdicting the statutory fiction under Section 5B if the fiction had not yet come into operation. It emphasized the wide scope of Article 226 and its power to remedy injustice.

The Court concluded that the High Court's jurisdiction to issue interim orders is not limited to the one-year time frame mentioned in Section 5B. Interim orders can be granted to maintain the status quo and ensure that the relief sought in a writ petition does not become infructuous.

The deeming fiction of retrospective termination of election under Section 5B could not come into operation due to the interim orders passed by the High Court. The Court dismissed the argument that interim orders couldn't continue beyond the prescribed time frame.

The Court answered the formulated points as follows:

Section 5B of the Mumbai Municipal Corporation Act does not oust the High Court's jurisdiction under Article 226.

The High Court can pass orders interdicting the statutory fiction under Section 5B if it hasn't come into operation.

The interim and final orders of the High Court were within its jurisdiction under Article 226.

The interim orders and final judgment of the High Court were valid in light of the statutory scheme of Section 5B.

There is no merit in the appeals. All the appeals are dismissed.

Facts:

The case involves a civil appeal regarding the amendment of pay scales for employees, specifically within the Prosecution Department. The respondent, Vijay Shankar Dubey, was initially appointed as an Assistant Public Officer and was later promoted to the position of Joint Director, Prosecution. The Fifth Pay Commission recommended revised pay scales, and the pay scale for the post of Joint Director, Prosecution, was increased from Rs. 3700-5000 to Rs. 12000-16500.

Issues:

Whether the cut-off date of April 1, 2001, for the amendment of pay scales was rational and valid.

Whether the respondent, who retired on January 31, 1997, was entitled to the benefit of the higher pay scale from January 1, 1996.

Held:

The Supreme Court considered arguments from both sides and concluded that the decision to fix the cut-off date for the benefit of amended pay scales was rational. The decision was based on the analogy of the CBI organization's pay scales. The Court held that when a benefit is extended for the first time, the State can set a reasonable cut-off date. The Court found that it was not obligatory for the State to extend the benefit based on the Fifth Pay Commission's recommendations, dated January 1, 1996. As the respondent was not covered by the Government order dated 02.02.2007 and had retired before the implementation date, the Court held that he was not entitled to the benefit of the amendment in the pay scale.

Facts:

The appellant filed a civil suit seeking relief and injunction related to a property dispute. The respondents were accused of disobeying the injunction orders issued by the Single Judge, which led to the initiation of contempt proceedings. Repeated undertakings were given by the respondents but not adhered to. The respondents' compliance with court orders, their residence details, and the clearance of charges on the property were under question.

Issues:

The breach of injunction orders, validity of undertakings, surrender of passport, and compliance with court directions. The question of jurisdiction and appropriateness of the Single Judge's orders were also addressed.

Held:

The learned Single Judge, observing the respondents' failure to comply with undertakings and injunction orders, directed respondent No.1 to surrender his passport to ensure his presence in court and compliance with court orders. The Division Bench set aside this order, which led to this appeal. The Supreme Court reinstated the Single Judge's order, emphasizing that the intent was to secure respondents' presence and order compliance. The Court confirmed that the authority to direct passport deposit lies with the court to ensure parties' presence during proceedings.

The Court ordered an expeditious disposal of the civil suit while maintaining the passport directive for respondent No.1. The Division Bench's decision was overturned, and the appeal was allowed.

Cases Referred

David Jude vs. Hannah Grace Jude and Another, (2003) 10 SCC 767

Facts:

Akshay Kumar Singh, the appellant, filed a writ petition (criminal) under Article 32 challenging the rejection of his mercy petition by the President of India. The petitioner raised various grounds for review, including issues related to the consideration of the petition, alleged miscarriage of justice, solitary confinement, torture in prison, and influence of media interviews on the decision.

Issues:

Whether the rejection of the mercy petition suffered from any procedural or substantive irregularities that warranted judicial review.

Whether subsequent events like the filing of divorce petitions were relevant grounds for reviewing the rejection.

Held:

The court began by stating that the exercise of judicial review over decisions made by the President of India in mercy petitions is limited. The scope of judicial review can be invoked based on specific grounds, such as lack of application of mind, mala fide, consideration of irrelevant factors, exclusion of relevant materials, and arbitrariness. The court referred to the importance of indicating reasons in pardon/remission orders and the power to withdraw such orders if relevant materials are not considered (Para 5).

The court rejected the petitioner's arguments that there was a miscarriage of justice, torture in prison, and that media interviews influenced the rejection of the mercy petition. The court held that the President's decision was based on the case records and no evidence indicated non-application of mind. Allegations of prison torture were not valid grounds for reviewing the rejection (Para 6-7).

Regarding subsequent events, such as the filing of divorce petitions by the petitioner's wife, the court ruled that these could not be considered grounds for judicial review of the President's decision. The court emphasized that the President had already gone through the case records and evidence in making the decision (Para 9).

The court concluded that the petitioner's grounds did not meet the criteria for judicial review, and there was no valid reason to warrant a review of the rejection of the mercy petition by the President (Para 10-11).

Writ petition is accordingly dismissed.