Service Law - Applicability of Government Orders in Promotion to Assistant Engineers – Jurisdiction and Legal Analysis – Appeals challenging the judgment of the Madras High Court which allowed writ appeals filed by respondents, reversing the earlier decision to restrict appointments of Technical Assistants to Assistant Engineers based on service and qualifications – Held, Executive instructions valid for filling gaps until formal rules are framed, as per historical precedents and existing governmental orders, ensuring promotions from Technical Assistants to Assistant Engineers based on specified conditions are lawful. [Paras 1-3, 15-17]

Regularization of Technical Assistants as Assistant Engineers – Legal Basis and Precedents – Examination of the regularized status of Technical Assistants appointed as Assistant Engineers on a temporary basis – Held, Regularization justified by Rule 48 of Tamil Nadu State and Subordinate Services, validated by executive orders, aligning with service requirements and not constituting backdoor appointments, thereby upholding service justice and administrative efficiency. [Paras 22-25]

Judicial Discretion in Civil Service Appeals – Equity and Legal Precedents – Discussion on the discretionary power of the Supreme Court under Article 136 of the Constitution in adjudicating service-related appeals – Held, No interference warranted with High Court’s judgment given the established practice and regularized appointments under debate, as it would disrupt settled positions and undermine service equity and justice. [Paras 26-27]

Outcome – Civil Appeal Nos. 4886 to 4889, 4892 and 5748 to 5750 of 2023 are dismissed, affirming the Division Bench’s judgment in favor of allowing promotions based on executive instructions and historical precedents, without contravention of constitutional provisions. [Para 28]

University Employment Regularization – Challenge against High Court's dismissal of appeal concerning regularization of appellants' temporary academic positions after reorganization of university center - Appellants appointed through regular selection process as per UGC and university standards; court highlighted errors in High Court's application of precedents and statutory interpretation – Appellants' rights affirmed to continue in employment after positions' merger into regular university establishment [Paras 1-32].

Qualifications and Selection Process – Appellants appointed based on qualifications and selection process prescribed by UGC and confirmed by University’s Executive Council – UGC’s approval for merger of posts into regular university establishment, thereby endorsing continuation of appellants under regular establishment budget [Paras 17-26].

Misconduct Allegations and Procedural Rights – Despite recommendations for disciplinary inquiry against appellants due to alleged misconduct, court allows continuation of employment, subject to outcomes of any disciplinary actions – Court finds procedural fairness in handling of appellants’ initial appointments and subsequent challenges [Paras 27-29].

Judicial Remedy and Relief – Supreme Court sets aside High Court judgment, directs reinstatement of appellants with continuity of service but without back pay for the period not worked – Addresses potential implications for individuals appointed in appellants' positions pending litigation [Paras 30-32].

Decision: Appeals allowed – High Court’s judgments set aside – Appellants to be reinstated with continuity in service but without pay for periods not worked – University may consider accommodating any appointees from the disputed posts into other vacancies if available.

Conviction for Murder and Disappearance of Evidence – Conviction of the appellant under Sections 302 and 201 of IPC for murder of Sushildhar Dubey – Sentenced to life imprisonment by Sessions Court and confirmed by High Court – Based on circumstantial evidence. [Para 1]

Factual Background – Appellant and deceased were related and cohabitants of village Amgoan – Frequently consumed liquor together – Deceased last seen alive with appellant on 29^th September 1993 – Dead body found next day on road – Prosecution case hinged on circumstantial evidence, primarily last seen theory, recovery of murder weapon, and medical evidence. [Paras 2, 6-7]

Appellant’s Submission – Challenged the reliability of last seen together circumstance, questioning the evidence of weapon recovery and absence of motive – Argued for the possibility of accidental death, citing evidence of PW-7 and PW-15. [Para 3]

Prosecution’s Argument – Supported the judgment, stressing the discovery of the deceased soon after being last seen with appellant and the recovery of weapon used in the assault. [Para 4]

Supreme Court’s Assessment – Applied principles for cases based on circumstantial evidence from Sharad Birdhichand Sarda v. State of Maharashtra – Requirements for conviction not fully satisfied. [Para 5]

Weak Last Seen Theory – Regular habit of deceased drinking with appellant, absence of motive or altercation, and deceased’s company with appellant not unusual – Circumstantial evidence weakens the last seen together theory. [Para 7]

Unproved Weapon Recovery – Evidence of PW-2 and PW-4 fails to conclusively establish the recovery of murder weapon at appellant’s instance – Memorandum of appellant’s statement not duly proved. [Para 8-9]

Alternative Theory of Accidental Death – PW-7’s observation of glass pieces at the incident site and PW-15’s admission regarding the possibility of injuries being caused by glass lend credibility to accidental death theory. [Paras 10-11]

Conclusion and Decision – Circumstances not conclusively pointing to appellant’s guilt – Existence of reasonable doubt – Acquittal of the appellant for the offences under Sections 302 and 201 IPC – Bail bonds cancelled. [Paras 12-13]

Easementary Rights – Dispute over 20ft. wide road in land Survey No.57 Hissa No.13A/1 owned by Ramani's, claimed by Gala's under easement – Gala's (appellants) claimed easementary rights over the road which is part of respondents' property – Suit filed for declaration of easementary rights and for permanent injunction – Original suit decreed but overturned by appellate court and dismissal upheld by High Court [Paras 1-5].

Easementary Right by Prescription – Gala's claim of easementary right over road by prescription not established – Requirement of uninterrupted usage for over 20 years under Section 15 of Indian Easements Act, 1882 not fulfilled – Gala's failed to specifically claim use of road for over 20 years [Paras 21-22, 27].

Easement of Necessity – No easement of necessity established as there existed an alternative access to Gala's land – Gala's unable to prove necessity of disputed road for accessing their property [Paras 32-33].

Transfer of Easement Rights – Gala's claim of acquiring easement rights under Sale Deed dated 17.09.1994 – No evidence presented that government transferred easement rights to initial purchaser, nor such rights were acquired or perfected by Joki Woler Ruzer (original plaintiff) – Photocopy of sale deed inadmissible as evidence [Paras 35-36].

Comparison with Another Easement – Gala's contention of having rights similar to another landowner (Dharmadhikari) rejected – Dharmadhikari's easement rights explicitly assigned in separate sale deed, not applicable to Gala's [Para 37].

Appellate Court's Power – Appellate court has power to overturn findings of the court of first instance – First appellate court justified in its reassessment of the evidence and findings [Para 39].

Decision – Appeals by Gala's dismissed – Easementary rights over disputed road not established – No legal or factual basis for claiming easement rights [Paras 40-41].

Curative Petition – Invoked under Article 142 – Addressing miscarriage of justice in arbitral award interpretation – Overlooking of vital evidence and erroneous contractual interpretation leading to an undeserved financial burden on DMRC – Curative petition maintainable and allowed. [Paras 30-72]

Arbitral Award Review – Patently Illegal – Incorrect interpretation of termination clause by Arbitral Tribunal – Overlooked vital evidence, namely CMRS certificate, in evaluating the validity of contract termination by DAMEPL – The award failed to recognize DMRC’s effective steps during the cure period – Award set aside due to patent illegality and perversity. [Paras 44-66]

Interpretation of Termination Clause – Analysis of Clause 29.5.1(i) – Unreasonable interpretation by Tribunal – Misinterpretation leading to overlooking effective steps taken by DMRC during the cure period – Contradicts contractual intent. [Paras 47-54]

CMRS Certificate – Overlooked Evidence – Significance under Metro Railways (Operation and Maintenance) Act, 2002 – Certificate relevant for assessing the safety and effective steps towards defect remedy – Arbitral Tribunal’s disregard led to miscarriage of justice. [Paras 55-66]

Execution Proceedings – Termination and Refund – Execution proceedings for enforcing the arbitral award to be discontinued – Amounts deposited by DMRC to be refunded. [Para 69]

Decision: The Supreme Court allowed the curative petition, setting aside the previous judgment which had upheld the arbitral award favoring Delhi Airport Metro Express Pvt. Ltd. The Court found the award patently illegal and perverse, as it overlooked vital evidence and contained an erroneous interpretation of the termination clause of the contract. The decision reinstated the position of the parties as it was prior to the arbitral award and directed the discontinuation of execution proceedings.

Challenge Against Auction Sale Notice – Borrower’s application in DRT under SARFAESI Act against auction notice by UCO Bank – Interim DRT order allowing auction with conditions – Conditions unmet by Borrower – Auction completed and sale confirmed in favor of appellant [Paras 3.3, 3.5, 3.6, 10].

Restoration of Securitization Application – Dismissal by DRT Challenged – Alternative Remedy and High Court’s Jurisdiction – Held, High Court erred in entertaining writ petition under Article 226 of the Constitution when alternative remedy under SARFAESI Act was available. Observes that High Court should refrain from entertaining such matters unless exceptions carved out by Supreme Court in Chhabil Dass Agarwal case are present. Auction purchaser's appeal allowed, setting aside High Court’s order and dismissing writ petition. [Paras 16-34]

Validity of Auction Purchase – Impact of Confirmed Sale – Borrower’s Conduct – Finds that confirmed auction sale should only be interfered with in cases of fraud or collusion, which is not the case here. Notes Borrower's conduct and failure to comply with DRT's order to deposit dues, impacting the outcome. Emphasizes the finality achieved by auction sale confirmation and subsequent registration, leading to extinguishment of Borrower's right of redemption. [Paras 25-27]

Exercise of Jurisdiction under Article 226 – Exceptional Circumstances – Reiterates the Supreme Court’s stance on not entertaining petitions under Article 226 in presence of an effective alternative remedy, except in specific exceptional circumstances. The case at hand found not to fall under these exceptions. [Paras 28-31]

Decision –  Appeal allowed by Supreme Court.

Impugned order dated 4^th February 2022 by High Court in Writ Petition No. 5275 of 2021 quashed and set aside.

Writ Petition No. 5275 of 2021 dismissed with costs of Rs.1,00,000 imposed upon the Borrower [Para 34].

Murder – Conviction and Sentencing – Criminal Appeal against High Court Judgment Upholding Trial Court's Conviction – Appellants convicted under Section 302 IPC for murder and sentenced to life imprisonment – High Court also upheld conviction under Sections 324 and 326 IPC – Supreme Court found no merit in appeal, confirmed High Court's judgment, and dismissed the appeal. [Paras 1-37]

Homicide – Evidence and Findings – Prosecution relied on 31 witnesses, including eyewitnesses and medical evidence, to establish homicidal death – Majority of neighbors turned hostile, but key witnesses including the deceased's family members and a medical expert substantiated prosecution's case – Supreme Court held prosecution successfully established homicidal nature of death and appellants' roles. [Paras 12-20, 25-27]

Private Defense – Rejection of Claim – Appellants claimed right of private defense – Supreme Court found no provocation or threat from the deceased to justify appellants' brutal attack – Held that appellants' use of excessive force negated claim of private defense. [Paras 24-34]

Intention to Kill – Assessment – Supreme Court found appellants had the intention to cause death or grievous injury – Relied on established principles and past judgments, confirming that appellants’ actions were sufficient to cause death in ordinary course of nature, thus satisfying the elements for murder under Section 300 IPC. [Paras 33-35]

Decision – Dismissal of Appeal – Supreme Court found no grounds to interfere with lower courts' decisions – Directed appellants to surrender, revoking the bail previously granted. [Para 37]

Consumer Protection – Delayed Possession of Property – Appeal against National Consumer Disputes Redressal Commission's Order – Supreme Court sets aside part of Commission's order allowing respondent-developer to charge interest at 9% p.a. on balance amount from appellants. Appeal arises from delayed possession of a flat by the respondent-developer. Commission partly allowed appellants' claim, but imposed interest on balance amount from 14th November, 2017. Supreme Court holds that charging interest from appellants is unjustified as possession was not delivered by the scheduled date. Orders respondent to convey outstanding amount within two months and handover possession within 30 days of final payment. [Paras 1-8]

Directions Issued – Execution of Conveyance Deed and Possession – Supreme Court directs respondent-developer to issue a statement of account, including compensation, and to execute conveyance deed and handover possession of the unit upon settlement of the account, without further delay. The imposition of 9% interest on balance amount by Commission set aside. [Paras 6-7]

Justice and Fairness in Consumer Disputes – Court emphasizes the protection of consumer rights and equitable treatment in cases of delayed possession, ensuring fairness and justice to homebuyers. [Para 6]

Order – Appeal disposed of in terms above; pending application, if any, disposed of. [Para 8-9]

Acquittal – Murder- Circumstantial Evidence – Reliance on Memorandum Under Section 27 of Evidence Act – Appeals challenging High Court’s judgment affirming convictions for murder and conspiracy – Conviction based on circumstantial evidence including memorandum statements under Section 27 of Evidence Act – Discovery of deceased’s body in pond at Bhatgaon and involvement of appellants [Paras 3, 12-14].

Inconsistencies in Witness Testimonies – Failure to Establish Discovery Solely on Accused’s Information – Contradictions in witness statements regarding the discovery of the body – Witnesses knew about the murder and body’s location prior to the recording of appellants’ statements under Section 27 – Statements possibly created post-facto [Paras 15-21, 23].

Section 27 of Evidence Act – Inadequate Evidence of Discovery – Investigating Officer’s (IO) testimony insufficient to prove discovery of the body based solely on appellants’ information – Lack of clear nexus between the information provided by appellants and discovery of the body [Paras 24-25].

Failure to Establish Complete Chain of Circumstances – Prosecution unable to prove a complete chain of circumstances leading exclusively to appellants’ guilt – Essential for conviction based on circumstantial evidence [Para 26].

Decision: Appeals allowed – Convictions by High Court and Trial Court set aside – Appellants acquitted of all charges [Para 27].