Service Law – Promotion Requirements – Passing of SAS Part II exam was mandated for promotion from Superintendent (D/A) to AAO but not for direct recruits to AAO – Amended notification dated 02.01.2010 requiring SAS Part II for promotion to AO found arbitrary and illogical – High Court read down the requirement, holding it applicable only to promotion from Superintendent (D/A) to AAO and not for promotion to AO [Paras 2-8].

Seniority and Promotion – Litigation and Seniority – Direct recruits' regular appointment and seniority determined by Supreme Court in 2015 – Promotions made before this were set aside – High Court rightly directed reconsideration of promotions to AO, providing seniority and benefits from initial appointment date [Paras 6-8].

Equity and Relief – Reversion and Promotion – Appellants promoted to AO since 2010 argued against reversion – Supreme Court rejected this plea, emphasizing necessary consequences and re-shuffling of promotions to maintain fairness and legality [Paras 8-9].

Decision: Appeals dismissed – High Court's judgment upheld – Promotions to AO to be reconsidered, ensuring compliance with legal requirements and proper seniority [Para 9].

Arbitration Law – Appellate Jurisdiction – Distinction – High Court erroneously acted as an appellate forum in a regular civil suit, rather than under the limited scope of Section 37 of the Arbitration Act – District Judge rightly rejected the petition under Section 34, finding no basis for interfering with the arbitral award – High Court's judgment set aside as it exceeded its jurisdiction [Paras 11-13].

Arbitral Award – Reasoned Findings – Sole arbitrator provided detailed reasons based on evidence, upholding the appellants' defense of sub-standard supplies – High Court failed to appreciate the arbitral findings and incorrectly decreed the respondents' claims [Paras 10-12].

Decision: Appeal allowed – High Court's judgment set aside – District Judge's order rejecting the petition under Section 34 upheld – Respondents' appeal dismissed [Paras 13-14].

Tender – Transportation of Rice – Continuation of interim arrangements for transportation without fresh tenders at old rates from 2017-18 caused significant financial loss to the State – High Court directed immediate steps for fresh tenders – Supreme Court upheld and directed issuance of fresh NIT within 10 days, ensuring fair and transparent process through e-Tender, to be completed within six weeks [Paras 2-6].

Administrative Lethargy – Financial Implications – State’s failure to issue fresh tenders criticized as causing financial loss – Directed to ensure maximum price and avoid cartels – Current arrangement to continue only until 31.12.2021 to prevent inconvenience to beneficiaries [Paras 4-6].

Decision: Appeal disposed of – Respondents directed to issue fresh NIT within 10 days and complete process within six weeks – State to submit compliance report – Non-compliance to be viewed seriously [Paras 6-7].

Criminal Law – Attempt to Murder – Conviction and Sentence – Appellants used deadly weapons, inflicting grievous injuries on the vital parts of the victims' bodies – Stab injuries on stomach and near the chest warranted conviction under Section 307 IPC – Conviction upheld as per evidentiary value of injured eye-witnesses and nature of injuries [Paras 2-4].

Evidentiary Value – Injured Eye-witnesses – Testimonies of injured eye-witnesses carry great weight and were consistent with other prosecution witnesses – No compelling reason to doubt their statements [Para 2].

Nature of Injuries – Vital Parts of Body – Injuries caused by sharp cutting instruments on vital body parts like stomach and chest are grievous – Application of Section 307 IPC justified – Court noted the intention of the accused from the weapon used and the manner of attack [Paras 3-4].

Precedent – Relevance – Previous case law distinguished based on facts, weapon used, and nature of injuries – Subsequent decisions considered [Para 5].

Decision: Appeal dismissed – Conviction and sentence under Section 307 read with Section 34 IPC upheld [Para 5].

Criminal Law – Quashing of FIR – Specific role attributed to the accused in the FIR – High Court exceeded its jurisdiction under Section 482 CrPC by quashing the FIR without considering the allegations properly – Reliance on draft charge-sheet which was not yet submitted to the Magistrate was inappropriate – High Court's order set aside [Paras 20-21, 23].

Draft Charge-sheet – Inadmissibility – High Court cannot rely on a draft charge-sheet for quashing an FIR – Investigation and charge-sheet submission process must follow due procedure, and draft charge-sheet has no legal standing until submitted to the Magistrate [Paras 20-21].

Concurrent Findings – High Court's overreach – High Court's approach in treating the investigation process akin to appellate review led to erroneous quashing of the FIR – Proper exercise of inherent powers under Section 482 CrPC necessitates careful consideration of allegations in the FIR without unwarranted interference [Paras 22-24].

Decision: Appeals allowed – High Court's judgment quashing the FIR set aside – FIR and consequential proceedings to continue in accordance with law [Paras 27-28].

Service Law – Misconduct – Quantum of Punishment – Respondent, a CRPF constable, misbehaved, abused, and injured a doctor on duty and made false criminal charges of sexual harassment against the doctor – High Court substituted the penalty of removal from service with confinement in quarter guard jail – Supreme Court held that the punishment by the disciplinary authority was appropriate and not shockingly disproportionate – High Court's interference in the penalty was unwarranted [Paras 21-26].

Judicial Review – Limited Scope – The scope of judicial review on the quantum of punishment is limited – Courts should not substitute their own decision for that of the disciplinary authority unless the punishment is shockingly disproportionate – The High Court's substitution of the penalty was beyond its jurisdiction [Paras 22-25].

Penalty Proportionality – Serious Misconduct – Given the gravity of the misconduct, the penalty of removal from service was justified – Misconduct in disciplined forces like CRPF demands strict penalties to maintain discipline [Paras 21-24].

Decision: Appeal allowed – High Court's judgment substituting the penalty of removal from service set aside – Respondent's removal from service upheld [Paras 29-30].

Real Estate Regulation – Pre-deposit Requirement for Appeals – The requirement under Section 43(5) for promoters to deposit at least 30% of the penalty or the total amount to be paid to the allottee including interest and compensation before an appeal is heard is not violative of Articles 14 and 19(1)(g) of the Constitution. This pre-deposit ensures that the determined amount is safeguarded if the appeal fails, thus protecting homebuyers' interests [Paras 122-137]​​​​.

Real Estate Projects – Mandatory Registration –Sections 3 and 3(1) mandate prior registration of real estate projects with the Real Estate Regulatory Authority, including ongoing projects without completion certificates. This provision is prospective in application and does not violate vested rights. It ensures transparency and accountability in the real estate sector, protecting the interests of both promoters and homebuyers [Paras 6-10, 138-140]​​.

Delegation of Authority – The Real Estate Regulatory Authority can delegate its powers to a single member for deciding complaints under Section 31. This delegation is valid under Section 81 and necessary for the expeditious disposal of complaints [Paras 111-120]​​.

Statutory Provisions –The court also considered the adequacy of remedies provided under the Act for allottees and the conditions imposed on promoters, including the requirement of pre-deposit for appeals and the distinction between refund and compensation claims [Paras 70-76]​​.

Decision: Appeals dismissed. The conditions imposed by the Real Estate (Regulation and Development) Act, 2016, including pre-deposit requirements and registration mandates, are upheld as valid and constitutional.

Tenancy Law – Actual Physical Possession – The expression "actual physical possession of land and building" under Section 2(4)(ii)(b) of the Chennai City Tenants Protection Act, 1921, requires the tenant to be in actual physical possession. Tenants who have sublet the building or given the premises on leave and licence basis are not entitled to protection and benefit under the Tenants Act [Paras 1-28]​​.

Eviction Proceedings – Writ Jurisdiction – The relief of eviction sought by the appellant could not be granted in a writ petition under Article 226 of the Constitution, given the statutory protections available under the Tenants Act. The High Court’s decision to relegate the appellant to alternative legal remedies was upheld [Paras 1-28]​​.

Decision -Appeal allowed. The respondents are directed to vacate and hand over peaceful and vacant possession of the premises to the appellant within three months. The respondents are also directed to pay arrears of market rent from December 31, 2009, until the date of delivery of possession. Costs of Rs. 100,000/- awarded to the appellant​​.

Environmental Law – Sand Mining –The National Green Tribunal's (NGT) direction that sand mining in Bihar must be approved by the SEAC and SEIAA based on the DSR was challenged. The appellant contended that the Tribunal erred in its judgment, asserting that developmental activities should not be stalled and that legal mining should continue to prevent illegal activities and loss to the exchequer. The Supreme Court modified the NGT's directions, allowing the State Government to carry out mining activities through the Bihar State Mining Corporation with interim measures until proper DSRs are finalized and approved [Paras 1-14]​​.

Sustainable Development –The Court emphasized the need for a balanced approach to sustainable development, which includes environmental safeguards while also allowing for the continuation of necessary developmental activities. The interim arrangement permits legal mining under stringent environmental safeguards to prevent illegal mining and ensure public and private construction activities are not hampered [Paras 7-8]​​.

Procedure for DSR Preparation –The Supreme Court directed that the DSRs should be prepared by sub-divisional committees comprising officers from various state departments, instead of private consultants, to ensure proper site visits and use of modern technology. This approach would prevent unnecessary public expenditure and ensure compliance with environmental guidelines [Paras 10-13]​​.

Decision- Appeal allowed in part. The directions of the NGT were modified, and the State of Bihar was permitted to continue legal sand mining activities through the Bihar State Mining Corporation, subject to environmental safeguards. The preparation and approval of DSRs were to be undertaken as per the Court's guidelines [Paras 14-24]​​.