Service Law – Issuance of NOC – Appellant was appointed as a JBT Teacher in 2000 – Haryana Public Service Commission advertised 1647 posts of Assistant Professor (College Cadre) in Haryana on 16.02.2016 – Appellant applied for the post of Assistant Professor (History) and requested a No Objection Certificate (NOC) from the appointing authority – Despite applying timely for the NOC, it was not issued, and appellant's interviews were conducted provisionally – High Court's interim order allowed the interview without NOC – Appellant provisionally selected but final appointment withheld due to lack of NOC – NOC issued post-selection, but appointments already made – High Court dismissed appellant’s writ petitions for appointment despite provisional selection – Supreme Court found no fault of the appellant and attributed the delay to the employer – Held, appellant entitled to appointment, and respondent No.4, already appointed, to be accommodated without displacement [Paras 1-8].

Procedure – Fault on Part of Employer – Supreme Court recognized that delay in issuing NOC was solely due to employer's inaction – Appellant had no fault and had applied for NOC within stipulated time – Interim relief granted by High Court was adequate but not fulfilled timely by employer – Supreme Court invoked Article 142 for substantial justice [Paras 7-7.4].

Decision – Appeal allowed – Orders of the High Court set aside – State directed to issue appointment order to appellant within two weeks – Appellant entitled to continuity in service but not back wages – Respondent No.4 to be accommodated on another vacant post without displacement [Para 8].

Criminal Law – Rape and Murder – Appellant convicted for the rape and murder of an 11-year-old girl – Trial court awarded the death penalty, which was upheld by the High Court – Supreme Court partly allowed the appeal, commuting the death sentence to life imprisonment for a period of 30 years without remission – Emphasized the need to consider the possibility of rehabilitation and reformation, given the appellant’s age, socio-economic background, and lack of prior criminal antecedents – Found procedural lapses in ensuring a fair trial [Paras 1-19].

Sentencing – Death Penalty – Section 354(3) CrPC mandates that death sentences should be imposed only in the rarest of rare cases with special reasons recorded – Supreme Court reiterated the principle that awarding the death sentence is an exception and life imprisonment is the rule – Highlighted that the brutality of the crime alone is not sufficient for death penalty; the criminal's socio-economic background, mental state, and potential for reform must be considered – Appellant’s death sentence commuted to life imprisonment due to lack of evidence foreclosing reformation [Paras 15-19].

Decision – Appeal partly allowed – Conviction upheld – Death sentence commuted to life imprisonment for 30 years without remission – Noted the appellant’s young age, Scheduled Tribe background, and absence of previous criminal record – Directed that all mitigating factors must be considered before imposing the death penalty [Para 19].

Civil Procedure – Ex parte Decree – Appellants filed suit for declaration and possession – Trial Court passed ex parte decree – Respondent (defendant) preferred an appeal with a delay of 2 years and 7 months – First Appellate Court dismissed the appeal due to absence of delay condonation – High Court erroneously quashed both First Appellate Court’s dismissal and Trial Court’s ex parte decree – Supreme Court found High Court's procedure unsustainable, noting the appeal was regarding the First Appellate Court’s dismissal, not an Order IX Rule 13 CPC application [Paras 1-8].

Appellate Procedure – Delay Condonation – High Court's role in appellate procedure – High Court should have set aside First Appellate Court's dismissal for limitation and remanded the appeal for merit-based decision – High Court's direct quashing of the Trial Court’s decree was procedurally incorrect – First Appellate Court directed to revive the delay condonation application and proceed accordingly [Paras 5-8].

Decision – Appeal allowed – High Court’s order set aside – Matter remanded to First Appellate Court to restore appeal – Respondent permitted to revive delay condonation application – First Appellate Court to decide delay condonation and, if granted, proceed on merits – Procedural guidance provided for subsequent appellate actions if delay is not condoned [Para 8].

Insolvency Law – Resolution Applicant Eligibility – Sections 29A and 29A(h) of the IBC – Supreme Court held that "such creditor" in Section 29A(h) should be interpreted to include all similarly placed creditors after the initiation of the insolvency resolution process – The disqualification under Section 29A(h) is triggered by the existence of an enforceable guarantee that has been invoked by any creditor – The Court emphasized that the ineligibility pertains to the participation in the resolution process of the corporate debtor, ensuring a fair and transparent process [Paras 1-33, 53].

Statutory Interpretation – Purposive Interpretation – Court reiterated the principle of purposive interpretation, emphasizing that statutes must be construed to suppress the mischief and advance the remedy – The interpretation must align with the legislative intent and the overall objectives of the IBC, which aims to ensure a fair insolvency resolution process and prevent unscrupulous elements from participating [Paras 34-42].

Decision – Appeals allowed – The resolution plan submitted by the ineligible applicant was not maintainable under Section 29A(h) – However, considering the substantial progress in the implementation of the resolution plan, the Court decided not to disrupt the ongoing operations of the respondent – Plan implementation to continue to protect the interests of shareholders, employees, and ongoing projects [Paras 57-65].

Arbitration Law – Extension of Time and Contract Termination – Supreme Court upheld the findings of the Sole Arbitrator and the Single Judge, which granted the appellant an extension of time for completing the work and declared the termination of the contract by the respondent as wrongful – The Court emphasized that the Arbitrator’s interpretation of the contract clauses and the evaluation of evidence must not be reappreciated by the courts unless there is a manifest error or misconduct – Reaffirmed that the Arbitrator is the final arbiter of disputes and courts should not interfere with plausible interpretations and conclusions drawn by the Arbitrator [Paras 1-22].

Idle Hire Charges and Value of Machinery – Supreme Court reinstated the Sole Arbitrator's award for idle hire charges and the value of machinery to the appellant – Held that the Arbitrator had provided cogent reasons and relied on an undisputed valuation report and formula for calculating the compensation – The Court criticized the Appellate Court for reappreciating evidence and substituting its view for that of the Arbitrator, thereby exceeding its jurisdiction [Paras 23-28].

Judicial Interference – Scope and Limits – Reiterated that courts should not interfere with arbitral awards under Sections 30 and 33 of the Arbitration Act, 1940, unless there is an error apparent on the face of the award, misconduct by the Arbitrator, or if the Arbitrator has exceeded his jurisdiction – Cited precedents to emphasize limited judicial review and the finality of the Arbitrator’s findings [Paras 10-15, 28-29].

Decision – Appeal allowed – The judgment of the Division Bench of the High Court set aside – Judgment of the Single Judge restored – Decree granted in favor of the appellant upheld along with interest [Para 30].

Civil Procedure – Second Appeal – Section 100 CPC – Supreme Court held that the High Court must frame substantial questions of law before deciding a second appeal – The requirements of sub-sections (4) and (5) of Section 100 CPC are mandatory – The High Court’s failure to frame such questions and its reappraisal of evidence to disturb concurrent findings of lower courts was beyond its jurisdiction [Paras 21-22].

Specific Relief – Section 19(b) Specific Relief Act – The appellant, a bona fide purchaser for value without notice of the original contract, was protected under Section 19(b) of the Specific Relief Act – The Supreme Court emphasized that the subsequent purchasers had paid money in good faith and were unaware of the original contract, thus specific performance could not be enforced against them – The High Court's interference with the trial court and first appellate court’s findings was unwarranted [Paras 24-25].

Adverse Possession – Not addressed due to concurrent claims of title by both parties – The Supreme Court focused on the decree obtained by the respondent for specific performance and the awareness of prior registered transactions, which invalidated the respondent's claim [Paras 23-25].

Decision – Appeals allowed – The High Court's judgment set aside – The suit of the respondent dismissed in accordance with the trial court's and first appellate court’s judgments [Paras 27-28].

Limitation for Filing Applications – Domestic Violence Act – Section 12 Applications – Interpretation of Limitation – High Court erroneously applied limitation period of one year from the date of the alleged act of domestic violence for filing an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 – Supreme Court clarified that the limitation prescribed under Section 468 of CrPC applies to the commission of an offence under the Act, not to the filing of an application under Section 12 – Breach of an order passed under Section 12 constitutes an offence, thus starting the limitation period [Paras 15-20].

Procedure and Jurisdiction – Distinction between Complaint and Application – Proceedings under Domestic Violence Act – Supreme Court emphasized the difference between a complaint under CrPC and an application under Section 12 of the Domestic Violence Act – High Court’s error in equating an application under Section 12 with lodging of a complaint for the purposes of limitation [Paras 19-20].

Continuing Offence – Domestic Violence – Allegations after Long Intervals – Magistrate to consider whether allegations constitute a continuing offence – Periods of inaction or absence of allegations do not necessarily bar proceedings if the wrong is continuing [Paras 21-22].

Decision: Appeal allowed – High Court’s view set aside – Case remanded to Magistrate for consideration on merits – Respondent-husband to file response within two weeks – Magistrate to proceed in terms of the provisions of the Domestic Violence Act [Paras 23-25].

Environmental Law – Eco-sensitive Zone – Mount Abu – The NGT based its judgment on the Expert Committee's report that declared the appellant's land unfit for construction due to its ecological sensitivity – The Supreme Court upheld the NGT's decision, emphasizing the precautionary principle and the necessity of protecting fragile ecosystems – The report's recommendations were found to be based on authentic data and field visits, justifying the restriction on construction activities to preserve the wildlife habitat and prevent soil erosion [Paras 1-19].

Jurisdiction of NGT – The Supreme Court reiterated that the NGT has the jurisdiction to adjudicate on environmental issues and substantial questions arising out of the implementation of statutes mentioned in Schedule I of the NGT Act, including the Environment (Protection) Act, 1986 – The NGT's directive to amend the Zonal Master Plan 2030 was within its jurisdiction and consistent with its mandate to ensure environmental protection [Paras 17-21].

Precautionary Principle – The Court highlighted the importance of the precautionary principle, which mandates anticipatory action to prevent environmental harm – It stated that where there are threats of serious or irreversible damage, lack of full scientific certainty should not be used as a reason for postponing preventive measures – The Expert Committee’s recommendations were aligned with this principle [Paras 25-33].

Decision – Appeals dismissed – The Supreme Court upheld the NGT's orders directing the amendment of the Zonal Master Plan 2030 to bring it into conformity with the ESZ Notification and the precautionary principle – Construction on the appellant's land was prohibited to preserve the ecological balance [Para 35].

Service Law – Overseas Deputation – The Supreme Court held that a deputation involves a tripartite consensual agreement between the lending employer, borrowing employer, and the employee – The respondent failed to provide cogent evidence that the appellant was seconded to work overseas on deputation – A transient business visit without any written agreement detailing terms of deputation does not qualify as deputation – The suit for recovery instituted by the respondent was dismissed [Paras 1-12].

Employer-Employee Relationship – Rights and Obligations – The Court emphasized that specific rights and obligations bind parties involved in a deputation, and the employer must lead evidence to indicate the terms of such deputation – The appellant’s trip was a business visit, not a deputation, and thus she was not liable for the expenses incurred by the respondent [Paras 10-11].

Harassment and Legal Costs – The Court noted that the appellant had been subjected to needless harassment and embroiled in litigation due to her complaints about workplace conditions – The appellant was awarded litigation costs to send a strong message against such employer actions [Paras 12-13].

Decision – Appeal allowed – The judgment of the High Court was set aside – The suit for recovery instituted by the respondent was dismissed – The appellant was awarded costs of Rs 1 lakh to be paid by the respondent within one month [Paras 12-14].