Service Law – Premature Retirement – Entire Service Record Consideration – Supreme Court held that an order of premature retirement must consider the entire service record, including both adverse and positive entries, up to the time of retirement – Recent reports are given more weight but do not exclude earlier records – The High Court’s decision to ignore records prior to the respondent's promotion was incorrect [Paras 2, 15].

Judicial Review – Scope and Limitations – The Court reiterated that judicial review of premature retirement orders is limited to checking for mala fides, arbitrariness, or lack of material basis – The decision to retire an employee is not a penalty and does not require a speaking order – The High Court misapplied these principles, leading to its order being set aside [Paras 6-7, 9-10, 13].

Adverse Entries – Relevance Post-Promotion – Clarified that adverse entries are not washed off upon promotion and can be considered for assessing suitability for continuation in service – The High Court’s reliance on post-promotion records only, and its factual errors regarding the respondent’s service record, were grounds for reversal [Paras 12, 14].

Decision: Appeal allowed – High Court's order set aside – Order of premature retirement restored – The writ petition stands dismissed [Paras 16].

Labour Law – Section 33(C)(2) of Industrial Disputes Act – Jurisdiction of Labour Court – Supreme Court held that the Labour Court under Section 33(C)(2) cannot adjudicate disputes regarding entitlement or the basis of the claim of workmen – The Labour Court's jurisdiction is limited to interpreting the award or settlement on which the claim is based, akin to the jurisdiction of an executing court – In cases where there is no prior adjudication or recognition of the disputed claim, proceedings for computation of arrears or difference of wages are not maintainable under Section 33(C)(2) [Paras 6-7].

Employer-Employee Relationship – Serious Dispute – In cases where there is a serious dispute regarding the existence of an employer-employee relationship, the Labour Court must not proceed under Section 33(C)(2) and should direct the claimant to seek appropriate adjudication of their rights through reference under the Industrial Disputes Act [Paras 6-7].

Decision: Appeal allowed – High Court’s judgment and Labour Court’s order set aside – Respondent No. 2 directed to pursue alternative remedies available under the Industrial Disputes Act for adjudication of their rights as an employee – No costs [Paras 8].

Constitutional Law – Article 226 – Protocols for Funeral Rites – Supreme Court upheld a mutually agreed protocol and Standard Operating Procedure (SOP) between the Parsi Panchayat Board and the Union Government – The SOP ensures the observance of Parsi Zoroastrian funeral rites while adhering to Covid-19 safety guidelines – This decision resolves the dispute between the need for religious observance and public health considerations [Paras 3-9].

Dialogic Judicial Review – Promoting Harmony – The Court highlighted the role of dialogic judicial review in resolving disputes amicably and promoting harmony between conflicting interests – The agreed protocol reflects an effective solution balancing religious rights with public health requirements [Paras 5, 9].

Decision: Appeal allowed – High Court’s judgment set aside – Agreed protocol and SOP accepted – Writ petition governed by the agreed statement – Appeal disposed of in these terms – Pending applications, if any, disposed of [Paras 10-12].

Criminal Law – Conviction for Murder – The appellants were convicted for the murder of two individuals, caused by multiple bullet injuries – Supreme Court upheld the conviction under Section 302 IPC and Section 25 of the Arms Act – High Court’s judgment modified the trial court's conviction by acquitting the appellants under Section 307 IPC due to the lack of evidence on the charge of attempt to murder [Paras 1-8].

Evidence Act – Credibility and Assessment – The Court emphasized the importance of evaluating the credibility of related and interested witnesses – Held that the testimonies of the eyewitnesses (PWs-1 & 2) were consistent and reliable despite being related to the deceased – The fact that PW-3 turned hostile did not affect the overall credibility of the prosecution’s case, as his initial testimony supported the prosecution [Paras 9-21, 33-34].

Hostile Witness – Legal Interpretation – Supreme Court clarified that the testimony of a hostile witness is not to be entirely discarded – The portions of the testimony that are reliable and consistent with the prosecution’s case can be accepted and relied upon [Paras 21-23].

Non-examination of Witness – Not Fatal – The non-examination of an injured witness (Om Prakash) was explained by the prosecution, and the Court held that this did not vitiate the case – The evidence provided by the other witnesses and forensic reports were sufficient to uphold the conviction [Paras 24-25, 34-35].

Judicial Integrity – Handling of Witnesses – The Court expressed concern over the practice of delaying cross-examination, which allows time for witnesses to be influenced – Directed trial courts to complete the examination of private witnesses on the same day as far as possible and prioritize the examination of private witnesses before official witnesses [Paras 39-40].

Decision: Appeals dismissed – Conviction under Section 302 IPC and Section 25 of the Arms Act upheld – High Court’s judgment acquitting the appellants under Section 307 IPC affirmed – Directions issued for better handling of witness examinations in trial courts [Paras 38-40].

Civil Procedure – Modification of Consent Decree – Court's Inherent Powers – Supreme Court held that a consent decree can be modified under Sections 152 and 153 read with Section 151 of the CPC if it is vitiated by fraud, misrepresentation, or misunderstanding – The application for modification should be treated under the proviso to Order 23 Rule 3 read with Section 151 of the CPC – No allegation of fraud or misrepresentation was found, and the appeal was dismissed [Paras 1-3, 5-6, 13-14].

Judicial Review – Consent Decree – Estoppel and Mistake – The Court emphasized that a consent decree is intended to conclude litigation and creates estoppel by judgment – A decree can be modified if there is a patent or obvious mistake, but not for minor misunderstandings or ambiguities that do not affect the core agreement – The thorough correspondence between the parties' advocates indicated no ambiguity or lack of clarity [Paras 11-13].

Settlement Agreement – Trademark Dispute – Detailed Examination – The case involved a dispute over the use of the trademark "FX-991ES PLUS" – The Court scrutinized the communications and found that the settlement agreement was detailed and deliberate, without any apparent mistake that could justify modification [Paras 6-10].

Decision: Appeal dismissed – High Court’s judgment upheld – No case for modification of the consent decree established – No costs [Paras 14].

Freedom Fighters' Pension – Eligibility Criteria – Supreme Court held that benefits under the Swatantrata Sainik Samman Pension Scheme 1980 should be awarded only to those who meet the eligibility criteria specified in the scheme – Respondent's claim was based on being underground during the freedom struggle without sufficient documentary proof or the required Non-availability of Record Certificate (NARC) – High Court's decision to grant pension was set aside due to non-compliance with the scheme’s requirements [Paras 1-14].

Evidence and Documentation – Importance of Proof – The Court emphasized the necessity of proper documentation, including school certificates and NARC, to substantiate claims under the pension scheme – The absence of NARC and the questionable authenticity of other documents led to the rejection of the respondent's application [Paras 5-13].

Judicial Interpretation – Sympathy vs. Adherence to Scheme – While acknowledging the importance of honoring genuine freedom fighters, the Court stressed that benefits should not be extended based on sympathy alone but on verified eligibility – The Court cited the need to avoid misuse of the scheme by those not genuinely involved in the freedom struggle [Paras 15-16].

Decision: Appeal allowed – High Court’s orders dated 14.02.2019 and 17.02.2020 set aside – Respondent's application for pension rejected due to non-fulfillment of eligibility criteria and lack of proper documentation – No order as to costs [Paras 17-18].

Criminal Law – Conviction for Murder – The appellant, along with two others, was convicted for the murder of Rajinder alias Raju – Supreme Court found discrepancies in the prosecution’s case, including unreliable witness identification and lack of test identification parade – Conviction under Section 302 IPC and Section 25 of the Arms Act was overturned due to insufficient evidence and failure to establish identity beyond a reasonable doubt [Paras 1-3, 17-18].

Witness Credibility – Identification Issues – The Court highlighted that the witnesses, PW-12 and PW-15, were unaware of the assailants' identity initially and later identified them based on rumors – The absence of a test identification parade and inconsistency in witness testimonies regarding the mode of the assailants’ arrival (car vs. motorcycles) undermined the prosecution’s case [Paras 15-17].

Judicial Precedent – Parity in Co-accused’s Treatment – The Court extended the benefit of acquittal to the co-accused, Devender, who had filed a separate SLP that was previously dismissed without a reasoned order – Following the principle in Harbans Singh vs. State of U.P. and Akhil Ali Jehangir Ali Sayyed v. State of Maharashtra, the Court acquitted both the appellant and the co-accused to maintain consistency and fairness [Paras 19-22].

Decision: Appeal allowed – Conviction and sentence under Section 302 IPC and Section 25 of the Arms Act set aside – Both accused acquitted – Registry directed to inform the concerned Jail authorities for the release of both accused unless required in connection with any other offence [Paras 18, 22-24].

Land Acquisition – Redetermination of Compensation – Supreme Court held that an application under Section 28A of the Land Acquisition Act cannot be maintained on the basis of an award passed by a Lok Adalat under Section 20 of the Legal Services Authorities Act – The Lok Adalat facilitates a settlement but does not have an adjudicatory role, and its awards, based on compromises, cannot be treated as equivalent to an adjudicated award by a court for the purposes of Section 28A [Paras 26-28, 37-38, 44-49].

Legal Services Authorities Act – Lok Adalat – Jurisdiction and Role – The jurisdiction of the Lok Adalat is to facilitate a settlement of disputes and it cannot adjudicate a lis – Awards passed by Lok Adalat are based on compromises and are deemed to be decrees for enforceability purposes but do not carry the same legal weight as court adjudications for the purposes of invoking Section 28A of the Land Acquisition Act [Paras 12-14, 19-20, 26-28].

Legal Fiction – Interpretation – The Court emphasized that while legal fictions should be carried to their logical end, they should not be extended beyond their intended purpose – The deeming provision under Section 21 of the Legal Services Authorities Act makes the award executable as a decree but does not convert it into an adjudicated award by a court [Paras 36-37].

Decision: Appeals allowed – High Court’s judgment set aside – Awards passed by the Lok Adalat under Section 20 of the Legal Services Authorities Act cannot be used as a basis for redetermination of compensation under Section 28A of the Land Acquisition Act [Paras 49-50].

Family Law – Dissolution of Marriage – Cruelty – Supreme Court upheld the High Court’s reversal of the Family Court's decree of dissolution of marriage on the ground of cruelty – Found no basis for the allegation of cruelty by the respondent, who had faced complications during pregnancy and stayed at her parental home for legitimate reasons – The appellant failed to provide substantial evidence of cruelty [Paras 3-9].

Family Law – Irretrievable Breakdown of Marriage – Article 142 – The Court exercised its powers under Article 142 to dissolve the marriage on the ground of irretrievable breakdown, despite the absence of mutual consent – Emphasized that the consent of both parties is not necessary for dissolution under irretrievable breakdown if the circumstances show no possibility of reconciliation and prolonged separation [Paras 28-34].

Limitation – Appeal Period – The Court clarified that the appeal filed by the respondent within the prescribed period, considering the time taken to obtain a certified copy of the decree, was valid and within limitation – Rejected the appellant’s contention that the appeal was time-barred [Paras 10-26].

Decision: Appeal disposed of – High Court’s judgment affirmed – Marriage dissolved under Article 142 on the ground of irretrievable breakdown, with a direction for the appellant to pay Rs. 20,00,000 as settlement to the respondent – No costs [Paras 34-35].