Criminal Law – Murder by Pouring Kerosene Oil – Dying Declaration – Victim suffered 90% burn injuries and was in a fit condition to make a dying declaration – Dying declaration recorded by Judicial Magistrate found reliable – Family members’ presence in the hospital not a ground to disbelieve the dying declaration – Conviction under Section 302 IPC upheld [Paras 1-17].

Judicial Review – Evidentiary Value – Dying Declaration – Dying declaration made before a Judicial Magistrate holds significant evidentiary value – Corroboration by other witnesses strengthens the case – No reason to disbelieve dying declaration absent evidence of tutoring or coercion [Paras 13-16].

Decision – Appeal Dismissed – Held – Conviction and sentence under Section 302 IPC affirmed – Appeal devoid of merit [Para 17].

Criminal Law – Murder by Gunshot – Circumstantial Evidence – Conviction of the accused based on the complete chain of circumstantial evidence leading to the irresistible conclusion of guilt – Motive established by evidence of the deceased's relationship with accused's wife – Recovery of weapon and forensic evidence supporting the prosecution’s case – Appeal dismissed [Paras 1-23].

Judicial Review – Evidentiary Value – Interested Witnesses – Testimony of interested witnesses (family members) admissible and credible if corroborated by other evidence – Concurrent findings by lower courts upheld – Evidence scrutinized under settled legal principles for circumstantial evidence [Paras 17, 19, 21].

Decision – Appeal Dismissed – Held – Conviction and sentence affirmed – Appellant may seek remission of sentence after serving 14 years as per state policy [Para 23].

Ex Parte Decree – Setting Aside – Provincial Small Cause Courts Act – Compliance with Proviso to Section 17 – Application under Order 9 Rule 13 to set aside ex parte decree cannot be granted automatically – Compliance with proviso to Section 17 is a precondition – Tenant failed to deposit entire decretal amount or give security at the time of application – Trial court's rejection of application upheld [Paras 1-23, 27-29].

Judicial Review – Approach of Courts – High Court's Hyper-Technical and Pedantic Approach – Trial court and revisional court did not adopt a hyper-technical or pedantic approach – High Court erred in setting aside their decisions – Compliance with legal provisions mandatory [Paras 53-55].

Decision – Appeals Allowed – Held – High Court's orders set aside – Trial court’s rejection of application under Order 9 Rule 13 upheld – Executing court directed to execute the decree within three months – Costs of Rs. 25,000 imposed on respondent [Para 56-58].

Insolvency and Bankruptcy – Section 9 Application – Limitation – Corporate Debtor's acknowledgement of arrears of salary within the limitation period – Date of the last acknowledgement (30.09.2014) to the date of filing the petition (27.07.2017) falls within three years – NCLT's admission of Section 9 application justified – Appeal allowed [Paras 1-10].

Acknowledge of Debt – Corporate Debtor's Liability – Managing Director's acknowledgment of arrears of salary – Liability recognized for the period of at least three years prior to the last acknowledgment – No dispute as to the amount owed – NCLT’s decision to admit Section 9 application affirmed [Paras 3, 6, 8-10].

Decision – Appeal Allowed – Held – NCLAT judgment set aside – NCLT judgment restored – No further hearing required on merits as NCLT's admission was correct [Para 10-11].

Recruitment Process – Public Employment – Systemic Fraud – Entire recruitment process for the post of Head Clerk (Grade II (DASS)) annulled due to systemic fraud and irregularities including mass cheating and impersonation – Decision to cancel the entire process upheld to preserve public confidence in recruitment processes – Cancellation causing hardship to a few not sufficient to nullify the decision [Paras 1-19, 26].

Judicial Review – Recruitment Cancellation – Scope and Principles – Court’s role to balance preserving public confidence and fairness to candidates – Extensive findings of systemic irregularities justified cancellation – Precedents support cancellation when entire process vitiated by fraud [Paras 26-33, 36-45].

Decision – Appeals Dismissed – Held – Notification cancelling the Tier-I and Tier-II examinations upheld – Entire recruitment process legitimately annulled due to pervasive irregularities [Para 45].

Arbitration – Limitation Period – Section 34(3) Arbitration and Conciliation Act 1996 – Period of limitation for filing objections commences from the date when the signed copy of the award is made available to the parties – Draft award not considered as starting point for limitation period – Appeal allowed and objections deemed filed within the limitation period [Paras 1-9].

Judicial Review – Dissenting Opinion – Relevance in Objections – Dissenting opinion of minority arbitrator considered relevant for judicial scrutiny under Section 34 – Dissent must be contemporaneous with final award – Signed copy delivery date crucial for limitation period [Paras 4-5, 6].

Decision – Appeal Allowed – Held – Limitation period to file objections starts from the date of receiving the signed copy of the award (19.05.2018) – Objections filed within the prescribed period – Orders of District Court and High Court set aside – Matter remanded to District Court for decision on merits [Para 8-9].

Suspension of Sentence – NDPS Act – Stringent Bail Conditions – High Court erred in suspending sentence without complying with Section 37 NDPS Act requirements – Respondent convicted for offences involving commercial quantities of narcotics – Trial Court’s findings indicate respondent’s guilt – Appeal allowed, suspension of sentence set aside, respondent to surrender forthwith [Paras 1-12].

Judicial Review – Section 37 NDPS Act – Bail Conditions – Post-conviction bail requires satisfaction of innocence and non-recidivism – High Court failed to apply Section 37 principles – Court must record strong and compelling reasons for bail in post-conviction cases [Paras 7, 9-10].

Decision – Appeal Allowed – Held – High Court's order suspending sentence set aside – Respondent to surrender – High Court requested to expedite appeal hearing [Para 12].

Penal Code – Murder – Circumstantial Evidence – Absence of Motive – Lack of evidence suggesting violence or struggle – Medical expert did not rule out suicidal death – Post-Mortem report indicated death due to asphyxia by hanging – Absence of motive weighs in favor of the accused – Benefit of doubt given – Appellant acquitted [Paras 1-34].

Criminal Procedure – Section 313 CrPC – False Explanation – Non-explanation by the accused used as additional circumstance only when prosecution proves chain of events leading to guilt – Cannot be used to complete the chain of evidence – Appellant's non-explanation not sufficient for conviction [Paras 24].

Evidence – Section 106 Indian Evidence Act – Burden of Proof – Does not directly operate against husband or wife staying together and being last seen with deceased – Prosecution must first discharge its primary burden – Section 106 only considered when prosecution's evidence sustains a conviction [Paras 22-23].

Decision – Appeal Allowed – Held – Conviction and sentence set aside – Appellant acquitted of all charges – Directed to be released forthwith if not required in any other case [Para 34].

Land Acquisition – Compensation – Section 28(A) Land Acquisition Act – Entitlement to enhanced compensation – Appellant entitled to compensation re-determined in accordance with enhanced compensation awarded to his father and brother by the same notification – Reference Court’s denial of relief on grounds of delay held erroneous – Appeal allowed, compensation awarded at Rs. 8500 per Are, with Solatium @ 30% and other benefits under Sections 23(1A) and 28 of the Act, and interest [Paras 1-17].

Judicial Review – Delay in Filing Reference Petitions – Not a ground to deny relief when similarly situated landowners have been granted enhanced compensation – Uniformity in compensation ensured for lands acquired under the same notification [Paras 13-16].

Decision – Appeal Allowed – Held – Reference Court and High Court judgments set aside – Compensation re-determined at Rs. 8500 per Are with additional benefits – No order as to costs [Para 17].