Criminal Law – Common Intention – Conviction under Sections 302 and 34 IPC upheld – Appellant’s exhortation to co-accused immediately before the fatal shot was fired proves involvement – Presence and role at the crime scene established beyond reasonable doubt [Paras 1-28, 83-94].

Evidence – Eye-witness Testimony – Credibility of eye-witnesses affirmed despite being related to the deceased – Testimonies consistent and credible – Non-recovery of weapon and failure to produce ballistic expert report not sufficient to impeach prosecution case [Paras 14-18].

Common Intention – Section 34 IPC – No need for overt act if common intention established – Common intention can develop on the spot – Evidence of acting in concert sufficient for constructive liability under Section 34 [Paras 21-27].

Judicial Review – High Court’s affirmation of trial court’s conviction upheld – Delay in lodging FIR satisfactorily explained – Allegations of false implication due to prior enmity dismissed [Paras 7-14].

Decision – Appeal dismissed – Conviction and life sentence for murder under Sections 302 and 34 IPC affirmed [Paras 28-29].

Civil Procedure – Res Judicata – Previous proceedings had concluded on the issue of title against the respondent (KIC) – Trial court rightly rejected subsequent suit on the same issue – High Court erred in setting aside the trial court's rejection of plaint – Appeal allowed [Paras 16-21].

Civil Procedure – Order 2 Rule 2 CPC – Respondent's omission to seek declaration of title in earlier suit for injunction – Barred from subsequent suit for declaration and possession on the same cause of action – High Court overlooked statutory bar [Paras 10-11, 19-20].

Judicial Precedent – Compliance with Previous Judgments – Decisions of the trial court and High Court in earlier suits deemed final – Findings of non-est grant to respondent cannot be re-litigated – High Court’s reversal of trial court’s rejection of plaint erroneous [Paras 7, 16-21].

Decision – Appeal allowed – High Court’s order set aside – Trial court’s order rejecting the plaint affirmed – No costs [Para 21].

Employment Law – Misconduct and Reinstatement – Conductor failed to issue tickets to 17 passengers – Tribunal and High Court directed reinstatement with 50% back wages – Supreme Court found that the representative of the employer was not cross-examined on key points – Evidence of misconduct was not disputed – Orders of Tribunal and High Court set aside – Appeal allowed, and order of removal from service restored [Paras 1-12].

Admissibility of Evidence – Domestic Inquiries – Indian Evidence Act not strictly applicable to domestic inquiries – Evidence must be logically probative – Witness statements need not meet formal requirements if they support the charges [Paras 7-9].

Section 11A of the Industrial Disputes Act – Tribunal’s jurisdiction to reappraise evidence – Tribunal misapplied principles of law – Employer's evidence of misconduct unchallenged – Tribunal’s findings deemed perverse [Paras 5-6, 11-12].

Decision: Appeal allowed – Orders of the High Court and Industrial Tribunal set aside – Order of removal from service dated 14.12.2001 restored [Para 12].

Motor Accident – Compensation Reduction – Deceased aged 33 years at the time of death – High Court reduced compensation from Rs. 22,60,000 to Rs. 17,00,000 without assigning reasons – Supreme Court recalculated compensation considering loss of future prospects, spousal consortium, and conventional expenses – Total compensation determined as Rs. 31,01,000 [Paras 1-16].

Loss of Future Prospects – Deceased self-employed with a fixed salary – 40% addition to established income as deceased was below 40 years – Adjusted compensation considering future prospects [Paras 13-15].

Section 173 of Motor Vehicles Act – Appeal as continuation of original proceedings – High Court’s duty to provide reasons for modifying Tribunal’s award – Supreme Court found High Court’s reduction arbitrary [Paras 12, 17].

Decision: Appeal allowed – Compensation enhanced to Rs. 31,01,000 – Insurer directed to deposit balance amount with interest at 7.5% per annum within eight weeks – Disbursement to claimants as directed by Tribunal [Para 17].

Seniority – Challenge to Seniority Lists – Junior Engineers from different streams (Agriculture, Mechanical, Civil) – Seniority list prepared based on dates of receiving select lists – Appellants argued combined merit list should have been prepared – Seniority list prepared contrary to Rules 1991 – Delay in challenge not unreasonable – Division Bench of High Court erred in dismissing writ petition – Learned Single Judge’s decision to set aside seniority lists upheld [Paras 1-56].

Statutory Compliance – Preparation of Seniority List – Rules 5 and 8 of the Uttar Pradesh Government Servants Seniority Rules, 1991 – Combined merit list required for one selection – Separate lists for different streams invalid – Seniority list prepared de hors the rules is arbitrary and unconstitutional [Paras 26-27, 35].

Joinder of Parties – Non-joinder of necessary parties – Impleadment of a few affected employees sufficient – Principle of representative capacity – Division Bench’s reliance on non-joinder not applicable to service jurisprudence cases involving seniority disputes [Paras 41-47].

Right to Promotion – Fundamental Right – Right to be considered for promotion – Seniority list affecting promotion prospects must comply with statutory provisions – Violation of Articles 14 and 16 [Paras 36-39].

Decision: Appeals allowed – Judgment of the Division Bench of the High Court set aside – Judgment of the Single Judge upheld – Fresh seniority list to be prepared in accordance with Rules 1991 [Paras 53-55].

Negotiable Instruments Act – Presumption and Rebuttal – Dishonour of cheque raises presumption of legally recoverable debt – Presumption is rebuttable by proving to the contrary – Onus on accused to raise a probable defence – Standard of proof is on preponderance of probabilities – High Court's conviction of appellant upheld – Appeal dismissed [Paras 11-19].

Presumption Under Section 139 – Once cheque execution is admitted, presumption under Section 139 arises – Accused can rebut presumption by relying on materials brought by complainant or through own evidence – Inference of preponderance of probabilities can be drawn from materials and circumstances [Paras 8, 10, 14].

Prior Transaction – Defence of forceful obtaining of cheque and signatures by complainant not accepted – Prior financial transactions between parties considered – Complainant’s discharge of initial burden established [Paras 12-17].

Decision: Appeal dismissed – High Court’s conviction and sentence upheld [Paras 18-19].

Public Service – Reporting of Vacancies – Candidates included in ranked list – No right to claim all vacancies must be reported – Candidates have right against reported vacancies only – State must provide explanation if vacancies not reported – Arbitrary non-reporting can be challenged – KAT misdirected inquiry into vacancies arising from promotions – Department's reporting of all possible vacancies accepted – Appeals allowed, KAT's and High Court's orders set aside [Paras 18-27].

Right to Appointment – Ranked List Candidates – Right limited to reported vacancies – Non-reporting of vacancies can be judicially challenged – State explanation required for non-reporting – KAT's assumption of vacancy from promotions without evidence incorrect [Paras 25-27].

Judicial Review – Administrative Decisions – State duty to act bona fide – Vacancies must be reported transparently – Non-reporting subject to scrutiny – Courts to ensure no arbitrariness [Paras 25-27].

Decision: Appeals allowed – Impugned judgment and orders of the High Court and KAT set aside – No order on costs [Para 27].

Landlord-Tenant Dispute – Notice Requirement – Eviction sought under Section 21 – Notice given did not comply with six-month requirement – Application filed after expiry of six months – Tenant did not raise objection at trial or appellate stage – Objection raised for first time in writ petition – High Court allowed writ petition on this ground – Supreme Court held notice requirement complied by filing after six months – Tenant's conduct amounted to waiver of objection – Appeal allowed, High Court's order set aside [Paras 1-10].

Waiver of Rights – Tenant’s Conduct – Objection not raised in reply notice, written statement, or appeal – Raised for first time in writ petition – Objection to notice capable of being waived – Tenant's conduct deemed waiver of right to object – Martin & Harris Ltd. v. VIth Additional Distt. Judge (1998) 1 SCC 732 applied [Paras 4-9].

Compensation – Eviction of Non-Residential Premises – Second proviso to Section 21 – Mandates compensation up to two years' rent – Court awarded Rs. 30,000 as compensation to respondents [Paras 10-11].

Decision: Appeal allowed – Impugned order of the High Court set aside – Order of Rent Controller and appellate authority restored with modification – Appellants to pay Rs. 30,000 as compensation to respondents [Paras 10-11].

Criminal Law – Concurrent Sentencing – Section 427 CrPC – Discretionary power to run subsequent sentences concurrently – Discretion to be exercised judiciously – Nature of offence and societal impact to be considered – Offences under NDPS Act severe and against societal interest – No discretion in favor of accused indulging in drug trafficking – Appeal dismissed [Paras 8-12].

Section 427 CrPC – General Rule – Subsequent sentences to run consecutively unless directed otherwise by the court – Concurrent sentencing discretionary and based on case specifics – Applicable principles summarized – Case involves different transactions and judgments – No direction for concurrent sentencing by lower courts [Paras 8.1-8.3.6, 9-10].

Judicial Discretion – Sentencing under NDPS Act – Serious nature of offences – Impact on society – No leniency or concurrent sentencing for drug traffickers – Interest of society paramount [Paras 11-12].

Decision: Appeal dismissed – Sentences to run consecutively as per Section 427(1) CrPC – No direction for concurrent running of sentences [Paras 12].