Criminal Law – Unlawful Assembly and Murder – Appellants convicted for participating in an unlawful assembly that brutally beat the deceased, causing his death – Conviction based on consistent eyewitness testimonies and corroborative medical evidence – Supreme Court upheld conviction under Sections 147, 148, 302/149 IPC, emphasizing the intention to cause death and the merciless nature of the assault [Paras 1-24].

Witness Testimony – Consistency and Corroboration – Multiple eyewitnesses provided consistent accounts of the incident, identifying the appellants as part of the unlawful assembly – Court emphasized the reliability of such consistent testimonies, supported by medical evidence detailing the extent of injuries [Paras 15-20].

Evidence – Recovery of Weapons – Blood-stained weapons recovered from appellants, corroborating their participation in the assault – Supreme Court noted that such recovery, along with eyewitness accounts, reinforced the prosecution's case [Paras 21-24].

Section 149 IPC – Vicarious Liability – Court reaffirmed the principle that every member of an unlawful assembly is vicariously liable for the acts done in prosecution of the common object – No need to prove specific role of each member [Para 14].

Decision: Appeals partly allowed – Convictions of some appellants upheld, others acquitted on benefit of doubt – Supreme Court maintained that the brutal nature of the assault evidenced the intent to cause death, justifying convictions under Section 302/149 IPC [Para 26].

Land Acquisition – Enhancement of Compensation – Appellant challenged the award of compensation and interest from the date of the award rather than from the date of possession or notification – Supreme Court directed the Collector to examine if the land came under submergence in 1991 and determine the quantum of damages accordingly – Interest under Section 34 to be awarded from the date of notification if submergence occurred [Paras 1-16].

Interest on Compensation – Section 34 of the Land Acquisition Act – Interest at 9% per annum for the first year from the date of possession, increasing to 15% per annum if not paid within one year – Court emphasized that interest under Section 34 is payable from the date of notification in cases of prior possession [Para 13].

Determination of Possession and Damages – Court noted the absence of clear evidence regarding the period of submergence and possession – Directed the Collector to ascertain the factual situation and determine damages from 1991 to the date of notification, and interest from the date of notification under Section 34 [Paras 15-16].

Decision: Appeal disposed of with directions to the Collector to examine the facts and determine the quantum of damages and interest as per the Land Acquisition Act [Para 16].

Retirement Age – Enhancement of Retirement Age – Appellant challenged the denial of extension of retirement age from 60 to 65 years as per notification dated 6 February 2015 – Supreme Court held that the notification is prospective and does not apply to those who had already attained the age of superannuation – The end of session benefit does not alter the date of superannuation [Paras 1-24].

Fundamental Rules and Special Orders – Application and Interpretation – Supreme Court found that the special order dated 6 February 2015 enhancing the retirement age to 65 years cannot be regarded as ultra vires but is prospective in nature – The appellant's extension until the end of the session under the GO dated 19 November 2012 does not entitle him to benefit from the increased retirement age [Paras 14-19].

Comparison with Regulation 21 of the Intermediate Education Act – Supreme Court distinguished the provisions and noted that Regulation 21 contains a deeming provision extending retirement to the end of the academic year, which is not present in the GO dated 19 November 2012 for medical teachers [Paras 20-22].

Decision: Appeals dismissed – Appellant not entitled to enhanced age of retirement of 65 years – Terminal benefits to be computed and released within two months [Paras 23-24].

Payment of Gratuity – Definition of Employee – Appellant contended that service as a daily wager should be counted for gratuity under the Payment of Gratuity Act, 1972 – High Court ruled provisions of the Act do not apply to individuals governed by other statutes, specifically the Chhattisgarh Civil Services (Pension) Rules, 1976 – Supreme Court noted conflicting decisions and referred the matter to a larger bench [Paras 1-7].

Service Rules and Gratuity – Conflicting Decisions – Supreme Court identified conflict between the decision in Netram Sahu vs. State of Chhattisgarh (2018) 5 SCC 430 and Bharat Sanchar Nigam Ltd. Jammu vs. Teja Singh (unreported) – Highlighted that the provisions of the 1976 Rules were not considered in Netram Sahu [Paras 4-6].

Referral to Larger Bench – Judicial Propriety – Due to conflicting decisions and to maintain judicial propriety, Supreme Court referred the issue to a larger bench for detailed examination and resolution [Para 7].

Decision: Issue referred to a larger bench for consideration – Registry directed to place the file before the Chief Justice for constitution of a larger bench [Para 7].

Sales Tax – Applicability on Bonded Warehouses – Appellants argued that sales of imported goods stored in bonded warehouses and sold to foreign-bound ships should not be subject to sales tax as they are in the course of import – Supreme Court held that such sales, occurring after goods are unloaded and kept in bonded warehouses on West Bengal's landmass, are not in the course of import or export and are therefore subject to sales tax under the West Bengal Sales Tax Act [Paras 1-26].

Crossing Customs Frontiers – Definition and Interpretation – Court clarified that goods kept in bonded warehouses are considered to have crossed the customs frontiers of India, thus not exempt from sales tax – Emphasized strict interpretation of taxation statutes, noting that bonded warehouses do not fall within "customs station" as defined under the Central Sales Tax Act, 1956 and the Customs Act, 1962 [Paras 14-15, 21-25].

Case Analysis – Court rejected appellants' reliance on Indian Tourist Development Corporation case, distinguishing it based on the specific facts involving duty-free shops at airports, which are within customs station areas – Appellants' argument that goods were sold in the course of import was dismissed, affirming that the sales were complete upon appropriation within bonded warehouses [Paras 16-17, 19-20].

Decision – Appeals dismissed – Sales of goods stored in bonded warehouses in West Bengal and sold to foreign-bound ships are subject to state sales tax [Para 27].

Land Settlement – Pre-Partition Tenants – Appellants claimed themselves as pre-partition tenants on land in Village Poppalguda, Ranga Reddy District – Supreme Court remitted the matter to the High Court to decide the writ petitions in accordance with law, as the High Court had earlier allowed writ petitions filed by the State without considering the claims of pre-partition tenants – Other appellants given liberty to seek redressal in appropriate forums [Paras 1-8].

Central Government Land Transfer – Court referred to its earlier judgment in Ramesh Parsram Malani & Ors. vs. The State of Telangana & Ors., which held that transfer of land to the State Government does not take it out of the compensation pool, but should be used for the settlement of displaced persons first before other purposes [Para 4].

Decision – Order of the High Court dated February 12, 2016, set aside – Matter remitted to the High Court for reconsideration – Appellants allowed to seek redressal in appropriate legal forums [Para 8].

Armed Forces – Misconduct – Summary trial dismissed the respondent from service for striking a superior officer – Armed Forces Tribunal modified the dismissal to 75 days detention and deprivation of First Good Conduct Badge – Supreme Court held that Tribunal has jurisdiction to substitute and mitigate punishment, finding the original dismissal order disproportionate – Appeal dismissed, reinstating the respondent without back wages but with consequential benefits [Paras 1-14].

Evidence and Procedure – Examination of Witnesses – Superior officer who was struck by the respondent was neither cited as a witness nor examined during the investigation – Tribunal noted lack of evidence from three witnesses regarding the alleged incident – Tribunal found the respondent's reaction was provoked by abusive language used by the superior officer, leading to substitution of the punishment [Paras 3-5, 9-12].

Jurisdiction – Powers of Armed Forces Tribunal – Tribunal empowered under Section 15(6) of the Armed Forces Tribunal Act to substitute findings and mitigate punishment if found excessive, illegal, or unjust – Supreme Court slow to interfere with Tribunal's decision unless found arbitrary, unreasonable, or capricious [Paras 10, 13].

Decision – Appeal dismissed – Respondent to be reinstated within two months without back wages but with all consequential benefits [Para 14].

Guardianship and Custody – Contact Rights – Courts should ensure that the parent denied custody of the child should have the right to communicate with the child for 5 to 10 minutes daily via video call or other means – This helps maintain and improve the bond between the child and the non-custodial parent, facilitating easier transitions during visits and vacations [Para 22].

Visitation Rights and Contact Rights – The child has a fundamental human right to love, affection, company, and protection from both parents, regardless of parental conflicts – Courts must provide clear guidelines on visitation rights to ensure the child does not lose social, physical, and psychological contact with either parent – Only in extreme circumstances should a parent be denied contact with the child, and reasons must be documented [Paras 20 and 22].

Welfare of the Child – Primary and paramount consideration in custody matters – Court must weigh all circumstances carefully to determine the best interest of the child, considering the need for contact with both parents – Factors such as age of the child, nationality, and previous court orders must be considered – In this case, shared custody arrangements and specific visitation rights were detailed to ensure both parents remain involved in the child's life [Paras 1-37].

Decision: Appeal allowed in part – Directions provided for custody arrangements, including provisions for daily video calls and biannual visits to India – Custody of the child determined with provisions for both parents’ involvement [Para 37].

Benami Transactions – Nature and Burden of Proof – Appellant contested the claim on the grounds that the money involved was part of a benami transaction, thus barred under Sections 3 and 4 of the Benami Transactions (Prohibition) Act, 1988 – Court held that the plaintiff did not seek recovery based on a benami transaction nor claimed any property as benami – The burden of proving a transaction as benami lies on the person asserting it, which the appellant failed to do [Paras 17-18].

Loan Repayment – Evidentiary Support – Plaintiff alleged that the appellant had borrowed Rs. 80,000/- which was not repaid – Appellant contended the amount was returned the next day, a claim unsupported by evidence – High Court found in favor of the plaintiff, noting inconsistencies in the appellant's defense and affirming the existence of the loan with substantial evidence, including unreturned post-dated cheques and acknowledgment of receipt of money [Paras 14-16].

Decision – Appeal dismissed – Judgment and decree of the High Court upheld – Appellant directed to pay Rs. 80,000/- with interest at 6% p.a. from 16.02.1990, failing which the interest rate will be 12% p.a. [Para 22].