Mercy Petition – Judicial Review – Grounds for Review – Quick consideration and rejection of mercy petition by the President not grounds for judicial review – Delay may warrant review, but swift rejection suggests thorough consideration not predetermined stance – Petitioner’s arguments on non-application of mind and solitary confinement found unsubstantiated [Paras 35-36].

Relevant Materials – Requirement – President’s decision on mercy petition must consider all relevant materials – Affidavit of Joint Secretary, Ministry of Home Affairs confirms all necessary documents were placed before the President – Contention of petitioner regarding non-consideration of materials dismissed [Paras 19-23].

Solitary Confinement – Misinterpretation – Petitioner’s claim of solitary confinement rejected based on affidavit of Director General Prisons – Petitioner kept in a single room with access to common areas, not solitary confinement under legal definitions [Para 29].

Legal Precedents – Limited Grounds for Review – Reaffirmation of established principles for judicial review of executive decisions on mercy petitions – Relevant cases discussed including Shatrughan Chauhan and Narayan Dutt [Paras 16-17].

Decision: Writ petition dismissed. The Supreme Court found no grounds to exercise judicial review of the President’s rejection of the mercy petition. Petitioner’s arguments on quick rejection, non-application of mind, and solitary confinement were not substantiated.

Service Law – Recruitment and Promotion – Deputation and Absorption – Appointment of respondent on deputation as Project Engineer (Electrical) in NOIDA and subsequent absorption challenged by appellants – Regulation 16 of 1981 Regulations permits appointment by deputation – Recruitment and Promotion Policy 2005 inconsistent with 1981 Regulations and not implemented – Absorption of respondent upheld [Paras 7-16, 20-22].

Eligibility for Promotion – Ineligibility of Appellants – Appellants lacked requisite 8 years of experience as Assistant Project Engineer at the time of respondent’s appointment and absorption – Not eligible for promotion, challenge to appointment not maintainable – Appellants have no locus standi to challenge the appointment [Paras 23-25].

Legal Precedents – Absorption Rules – U.P. Absorption Rules 1984 and 1987 Regulations applicable – Absorption of respondent valid under statutory regulations – Respondent relieved from parent department and absorbed in NOIDA [Paras 19, 26].

Decision: Appeal dismissed. The Supreme Court found no merit in the appellants’ challenge to the appointment and absorption of the respondent. The appellants were ineligible for promotion, and the respondent’s absorption was in accordance with the applicable regulations. No order as to costs.

Employment Law – Sexual Harassment – Stigmatic Termination – Appeal against termination based on the Internal Complaints Committee’s report on allegations of sexual harassment – Supreme Court held the termination order to be ex-facie stigmatic and illegal due to lack of a formal inquiry as per service rules – Order of termination set aside and reinstatement ordered, with further actions to be taken by the University as per law [Paras 7-11].

Stigmatic Termination – Requirement of Formal Inquiry – Supreme Court emphasized the necessity of a formal inquiry into allegations of sexual harassment before issuing a termination order – Mere reference to the Internal Complaints Committee’s findings in the termination order constitutes stigma, requiring adherence to due process [Paras 9-10].

Reinstatement and Further Inquiry – Directions – Supreme Court directed reinstatement of the appellant while leaving the decision on back wages, suspension, and further departmental inquiry to the University as per service rules and law [Para 12].

Decision: Appeal allowed – High Court’s orders set aside – Termination order quashed – Appellant reinstated – Further actions including possible suspension and departmental inquiry to be pursued by the University in accordance with law [Para 12].

Land Law – Determination of Surplus Land – Haryana Ceiling of Land Holdings Act – Appeal against High Court’s order regarding surplus land determination – Supreme Court upheld the Division Bench’s decision that the Single Judge erred in applying Section 8(3) of the 1972 Act – Surplus land determination under the 1953 Act should continue under the old Act, and new Act provisions are inapplicable – Appeal dismissed [Paras 7-31].

Transfer of Land – Validity and Bonafides – Appellants' claim to land purchased after it was declared surplus – Court held that appellants were not bona fide purchasers as the land was vested in the State prior to their purchase – Appeal dismissed [Paras 5-5.3].

Interpretation of Repeal and Saving Clauses – Supreme Court interpreted Section 33(2) of the 1972 Act to mean that proceedings pending under the 1953 Act must be continued and disposed of under the 1953 Act – New Act’s provisions do not apply to these proceedings [Paras 9-24].

Decision: Appeal dismissed – Division Bench’s order upheld – Single Judge’s application of Section 8(3) of 1972 Act overturned – Surplus land determination to follow 1953 Act provisions [Paras 31-32].

Criminal Law – Dowry Death – Multiple Dying Declarations – Appeal against conviction under Sections 304B and 498A IPC – Supreme Court upheld conviction noting that the dying declaration on 13.02.2008 was consistent and trustworthy – Other dying declarations recorded under suspect circumstances – Appeal partly allowed with modification of life sentence to seven years rigorous imprisonment [Paras 16-25].

Evidence – Multiple Dying Declarations – Reliability – Supreme Court held that each dying declaration must be assessed independently – The dying declaration on 13.02.2008 found reliable despite earlier inconsistent declarations due to the suspect circumstances under which they were made [Paras 16-23].

Sentence Modification – Dowry Death – Supreme Court modified life imprisonment to seven years rigorous imprisonment considering appellant’s age and family circumstances – Emphasized life imprisonment under Section 304B IPC should be in rare cases [Para 24].

Decision: Appeal allowed in part – Conviction under Sections 304B and 498A IPC upheld – Sentence modified to seven years rigorous imprisonment including time already served – Fine and default sentence upheld [Paras 24-25].

Specific Relief – Bona Fide Purchaser – Defendant No. 2 contested the decree for possession, arguing he was a bona fide purchaser without notice of the agreement between the plaintiff and Defendant No. 1. Courts below assumed connivance between defendants without substantial evidence – Specific performance set aside [Paras 1-12].

Readiness and Willingness – The plaintiff's readiness and willingness to perform the contract at the time of filing the suit and on the due date was not sufficiently proved – The courts below erred in their concurrent findings [Paras 9-10].

Compensation – In lieu of specific performance, the defendant No. 2 (appellant) directed to pay Rs. 350,000 to the plaintiff, inclusive of the earnest money – Amount to be paid within three months, failing which it will carry interest at 12% per annum [Paras 12-13].

Decision: Appeal allowed in part. The decree for specific performance set aside, and the appellant directed to compensate the plaintiff with Rs. 350,000.

Insurance Policy – Arbitrary Refusal to Renew – Insurer refused to renew the mediclaim policy, resulting in exclusion of coverage for a pre-existing disease contracted during the gap – The refusal deemed arbitrary – Emphasis on policy renewals maintaining original terms unless explicitly changed [Para 26].

Exclusion of STFI Perils – Terms and Conditions – Insurer issued a new policy excluding Storm, Tempest, Flood, and Inundation (STFI) perils – Refund of premium for STFI cover was deposited in insured’s account – Insured cannot claim lack of knowledge – Exclusion held valid [Paras 23-24].

Contract Interpretation – Insurer's Liability – Insurer's decision to exclude STFI perils was commercial – Courts cannot rewrite contracts – Insured's acceptance of policy and refund implies consent to terms [Paras 20-21].

Decision: Appeal dismissed. The court upheld the exclusion of STFI perils from the policy and validated the insurer’s actions.

Election Law – Recounting of Votes – Allegations of irregularities in the counting of votes and acceptance of invalid votes in favor of the returned candidate – Election Tribunal found evidence supporting the appellant's claims and ordered a recount – High Court’s single judge upheld this order – Division Bench reversed it without detailed analysis – Supreme Court restored the Tribunal’s order for recount [Paras 1-14].

Judicial Review – Prima Facie Case – Tribunal and single judge properly evaluated evidence and allegations – Supreme Court emphasized necessity of detailed examination of evidence before reversing such findings [Paras 9-11].

Election Result – Declaration of Validity – After recount, appellant found to have more valid votes than the returned candidate – Supreme Court declared appellant as duly elected [Para 12].

Decision: Appeal allowed. The order of recount by the Election Tribunal was upheld, and the appellant was declared duly elected.

Insurance Policy – Interpretation of Terms – Heavy rainfall causing damage to insured coal stock – Dispute over whether such damage falls under 'flood and inundation' clause – Terms 'flood' and 'inundation' held to encompass damage caused by excessive rainfall leading to accumulation of water – Appeal dismissed [Paras 1-14].

Appointment of Chartered Accountant – Not Equivalent to Appointment of Second Surveyor – Chartered Accountant appointed to verify accounts not equivalent to appointing a second surveyor under Section 64UM of the Insurance Act, 1938 – No procedural breach found [Para 6].

Flood and Inundation – Definitions and Application – Pluvial floods (surface floods) caused by excessive rainfall considered within the ambit of 'flood and inundation' – Damage due to heavy rainfall falls within policy coverage [Paras 8-12].

Consistent Judicial Interpretation – NCDRC's consistent view on damage due to heavy rainfall supporting the claim upheld [Para 14].

Decision: Appeal dismissed. Appellant directed to pay the sum awarded by the NCDRC to the respondent within eight weeks.