Criminal Law – Investigation by CBI – Death in Suspicious Circumstances – The appellants, family members of the deceased, challenged the closure of the investigation which treated the death as a suicide. They alleged bias and influence by respondent no. 7, the deceased’s husband, a senior judicial officer. The post-mortem report showed six ante-mortem injuries, raising suspicion. The High Court dismissed the writ petition, advising the appellants to approach a Magistrate under Section 156(3) Cr.P.C. – Supreme Court held that considering the position of respondent no. 7 and the allegations of bias, an independent investigation by the CBI was warranted to ensure justice and transparency [Paras 1-12].

Powers of Constitutional Courts – Transfer of Investigation to CBI – The Court reiterated that the power to direct a CBI investigation should be exercised sparingly and only in exceptional cases where credibility of the investigation is in question. Relying on previous rulings, including State of West Bengal v. Committee for Protection of Democratic Rights (2010), the Court observed that the present case merited such direction due to the involvement of a senior judicial officer and suspicious circumstances surrounding the death [Paras 13-25].

Decision: Appeal allowed – The Court set aside the High Court's order and directed the CBI to conduct a thorough and fair investigation into the death of Ms. Ranjana Diwan. The CBI was instructed to submit its report to the Court. If sufficient evidence is found, the CBI may register an FIR; otherwise, it may close the case. The State of Chhattisgarh is directed to cooperate fully with the CBI during the investigation [Paras 26-30].

Consumer Law – Deficiency in Service – Real Estate Dispute – The appellant sought a refund for failure by the Agra Development Authority (ADA) to provide possession of a residential apartment due to construction deficiencies, including the absence of a completion certificate and firefighting clearance. The NCDRC granted a partial refund but limited interest to the date of filing the complaint. The Supreme Court held that ADA's failure to obtain the necessary certificates rendered its offer of possession legally invalid, and thus the appellant was entitled to further compensation for the delay in possession [Paras 1-20].

Limitation and Jurisdiction in Consumer Disputes – ADA argued that the complaint was time-barred and beyond the pecuniary jurisdiction of the NCDRC. The Court rejected these arguments, applying Sections 18 and 19 of the Limitation Act, which extended the limitation period due to ADA's acceptance of payments and issuance of reminders. Further, the Court held that the NCDRC had pecuniary jurisdiction as the claim, including compensation for mental agony and harassment, exceeded Rs. 1 crore [Paras 21-40].

Compensation for Delay in Possession – The Court found that both the appellant and ADA were responsible for delays in the transaction. While the appellant delayed in making payments, ADA failed to provide the completion certificate, making its offer of possession invalid. As such, the Court awarded additional compensation of Rs. 15,00,000 to the appellant, in addition to the refund and interest from the date of the complaint [Paras 41-50].

Decision: Appeal of the appellant partly allowed – Refund of the deposit along with 9% interest per annum from the date of the complaint, plus additional compensation of Rs. 15,00,000.

ADA's appeal dismissed – The arguments regarding limitation and pecuniary jurisdiction were found to be without merit.

Service Law – Termination of Employment – Non-compliance with Procedural Requirements – Termination of respondent's services by Kerala Agricultural University for unauthorized absence after expiry of Leave Without Allowance (LWA) challenged – High Court Division Bench set aside the termination, holding that the university failed to follow the prescribed procedure under the Kerala Civil Services (Classification, Control, and Appeal) Rules, 1960 – Supreme Court upheld the High Court's decision, emphasizing the necessity of recording prima facie satisfaction before initiating a disciplinary inquiry as per Rule 15 – Failure to adhere to statutory procedures deemed fatal to the university’s case [Paras 8-14].

Natural Justice – Mandatory Procedural Compliance – Supreme Court reiterated that statutory procedures must be strictly followed – The principle that if a statute prescribes a particular procedure, it must be followed in that manner and not otherwise – University’s failure to record satisfaction before disciplinary inquiry found to violate principles of natural justice – Respondent's inability to rejoin duties due to illness and COVID-19 travel restrictions considered bona fide [Paras 12-15].

Decision – Dismissal of Special Leave Petition – Held – The Supreme Court dismissed the appeal, affirming the High Court's quashing of the termination order – Court found no merit in the university's plea, concluding that the Division Bench's judgment was sound and required no interference – Termination set aside due to procedural lapses by the university [Paras 16-17].

Criminal Law – Conviction under Sections 148 and 302/149 IPC upheld – Challenge in Supreme Court against the Allahabad High Court's decision maintaining trial court’s conviction of the appellant for murder and rioting – Court examined the evidence presented by the prosecution, including eyewitness accounts and medical evidence – The prosecution’s case was supported by the testimony of eyewitnesses, corroborated by medical evidence of the deceased’s injuries – The appellant’s involvement in the unlawful assembly with a common object of eliminating the deceased was established, leading to the upholding of the conviction [Paras 1-34].

Unlawful Assembly and Vicarious Liability – Supreme Court reaffirmed that under Section 149 IPC, each member of an unlawful assembly is vicariously liable for the acts committed in prosecution of the common object, regardless of whether each member physically participated in the crime – Even if the appellant did not directly cause fatal injuries, his participation in the unlawful assembly with the knowledge of the common object was sufficient for conviction under Sections 148 and 302/149 IPC [Paras 27-31].

Evidence Evaluation – Supreme Court found that despite certain omissions in the prosecution's case, such as the non-recovery of the weapon and the failure to examine key witnesses, the evidence of the eyewitnesses was credible and consistent – The Court concluded that these omissions did not undermine the overall prosecution case, which was sufficiently supported by direct and medical evidence [Paras 32-33].

Decision – Dismissal of Appeal – Held – The appeal is dismissed, and the conviction of the appellant under Sections 148 and 302/149 IPC is affirmed – The Court held that the appellant’s involvement in the unlawful assembly with the common object of committing murder was clearly established, justifying his conviction under the applicable sections of the IPC [Paras 33-34].

Civil Law – Motor Vehicle Accident – Liability of Dealer and Manufacturer – Supreme Court examined liability in a motor vehicle accident case where the vehicle involved was owned by the manufacturer, but in possession of the dealer – Tribunal held the manufacturer and dealer jointly and severally liable – High Court upheld the Tribunal's decision – Supreme Court reversed the finding regarding the dealer’s liability, holding that the manufacturer, not the dealer, was liable as the vehicle was under the control of the manufacturer’s employees at the time of the accident [Paras 13-24].

Interpretation of 'Owner' under Motor Vehicles Act – The Court examined the definition of 'owner' under Section 2(30) of the Motor Vehicles Act, 1988, concluding that ownership is not limited to the registered owner but includes the person in control or command of the vehicle – Liability determined based on control and command at the time of the accident [Paras 13, 19].

Contractual Liability – Clauses in Dealership Agreement – Supreme Court considered whether clauses in the dealership agreement between the manufacturer and dealer shifted liability to the dealer – Held that clauses limiting the manufacturer’s liability to defects under the warranty did not transfer tortious liability to the dealer, thus absolving the dealer from compensation liability in this case [Paras 25-28].

Decision – Appeal Partly Allowed – Held – The appeal is allowed to the extent that the dealer is not liable for compensation – However, the manufacturer remains liable – If the dealer has paid any part of the compensation, it is entitled to recover the same from the manufacturer with interest [Paras 33-35].

Civil Law – Jurisdiction of Execution Court – Specific Performance – Rescission of Contract – The Supreme Court considered whether the Execution Court had jurisdiction to entertain applications for rescission of a contract and for the extension of time to deposit balance sale consideration under Section 28 of the Specific Relief Act, 1963, when the decree was passed by an appellate court. The Court held that the Execution Court, being the court of first instance, retained jurisdiction to entertain such applications, emphasizing that the decree passed by an appellate court is considered as being passed in the same suit. The Court further clarified that the applications should be treated as interlocutory applications in the original suit rather than in execution proceedings. [Paras 15-19]

Equitable Relief – Extension of Time to Deposit – Substantial Justice – The Supreme Court upheld the Execution Court’s decision to allow the decree-holder to deposit the balance sale consideration despite a delay. The Court noted that the decree-holder had consistently shown an intention to comply with the decree, and the delay was not due to any fault on their part. The decision emphasized the discretionary nature of the relief under Section 28 of the Specific Relief Act, 1963, aimed at ensuring substantial justice rather than penalizing procedural delays. The Court also refused to interfere under Article 136 of the Constitution, stating that technicalities should not override the interests of justice. [Paras 23-30]

Decision – Appeal Dismissed – The Supreme Court dismissed the appeal, affirming the Execution Court's jurisdiction and its decision to extend the time for deposit, thereby allowing the decree-holder to obtain specific performance of the contract. [Paras 31-32]

Medical Admission – Disability and Eligibility for NEET – The petitioner was disqualified from NEET admission based on a speech and language disability of 44%, as per existing regulations disqualifying candidates with disabilities exceeding 40%. The Supreme Court, referencing a similar precedent, directed the Dean of Byramjee Jeejeebhoy Government Medical College, Pune (BJGMC) to constitute a Medical Board to independently assess whether the petitioner's disability would impede the pursuit of an MBBS degree. The Medical Board's examination and report are to be conducted and submitted by 07.09.2024, with the matter listed for further hearing on 09.09.2024 [Paras 1-8].

Decision: The petitioner's NEET seat is to be kept vacant until further orders. The Medical Board's findings will determine the petitioner's eligibility for the course [Para 10].

Stamp Act – Applicability of Sections 33, 34, 37, and 39 of the Karnataka Stamp Act, 1957 – Agreement of sale with possession considered as conveyance – Insufficiently stamped instrument – Jurisdiction of trial court under Section 34 to impose ten times penalty questioned – High Court upheld penalty but Supreme Court found it premature – Direction for instrument to be sent to District Registrar under Section 39 for determination of duty and penalty [Paras 14-23].

Discretionary Jurisdiction – Distinction between powers of trial court under Section 34 and District Registrar under Section 39 – Supreme Court clarified that the trial court lacks discretion to reduce penalty under Section 34, while the District Registrar under Section 39 has the discretion to impose an appropriate penalty – Trial court’s imposition of ten times penalty deemed illegal at the premature stage – Matter directed to be handled by District Registrar [Paras 14.1-14.2, 17-22].

Decision – Appeal Partly Allowed – Held – The appeal is allowed in part; the Supreme Court set aside the trial court's imposition of ten times penalty and directed the matter to the District Registrar for determination of the proper duty and penalty. The instrument is to be admitted in evidence upon compliance, with all other objections reserved for consideration [Paras 23-24].

Stamp Duty – Imposition of Penalty – The appellant challenged the trial court’s order directing payment of ten times the deficit stamp duty penalty under Section 34 of the Karnataka Stamp Act. The appellant contended that the penalty should not have been imposed at the interlocutory stage and instead argued for the application of Section 37(2), allowing for a determination of penalty by the District Registrar. The Supreme Court rejected this argument, affirming the applicability of Section 34 based on the appellant’s prior consent to the court’s decision, and upheld the penalty imposition [Paras 1-12].

Specific Performance – Suit Agreement – The appellant sought specific performance of an agreement of sale dated November 04, 1996, and the cancellation of a subsequent sale deed. The trial court imposed a significant penalty on the deficit stamp duty due to the agreement’s inadequate stamping. The Supreme Court confirmed that the trial court was correct in invoking Section 34 of the Act and that the appellant could not retroactively opt for a different procedure under Section 37(2) [Paras 2-9].

Decision: Appeal dismissed. The Supreme Court upheld the trial court’s decision to impose a ten times penalty on the deficit stamp duty, affirming that the appellant’s request to reconsider under a different section was not permissible. No order as to costs [Paras 11-12].