Criminal Law – Suspension of Sentence – Appeal against the decision of the Punjab and Haryana High Court upholding the vacation of suspension of sentence due to non-compliance with the condition of deposit – Court finds Additional Sessions Judge acted within jurisdiction in declaring suspension vacated for non-compliance with deposit condition – Upholds mandatory deposit condition as per amended Section 148 of NI Act – Appeal dismissed [Paras 1-22].

Negotiable Instruments Act – Section 138 – Dishonour of Cheque – Appellants convicted for cheque dishonour – Conditional suspension of sentence requiring deposit of 25% of compensation – Non-compliance led to vacation of suspension by Additional Sessions Judge – Supreme Court affirms that amended Section 148 applies even to pre-amendment cases if appeals filed post-amendment [Paras 3-18].

Applicability of Section 148 NI Act – Retrospective Effect – Supreme Court holds that Section 148 NI Act applies retrospectively to pending appeals even if complaints were filed before amendment – Aligns with purposive interpretation and legislative intent to prevent delay tactics by unscrupulous drawers of dishonoured cheques [Paras 11-16].

Decision: Appeals dismissed – Vacation of suspension of sentence for non-compliance with deposit condition upheld – Orders of Additional Sessions Judge and High Court affirmed [Para 22].

Compassionate Appointment – Gratuity and Scheme Applicability – Respondents sought compassionate appointment post demise of employee – Court affirms that only the scheme prevalent at the date of death applies – Scheme of 4.4.1979 applies, not subsequent schemes – Respondents opted for full gratuity; hence, compassionate appointment not available – Subsequent schemes do not apply retrospectively, nor do they provide for ex gratia payments if income exceeds benchmark – Appeal allowed [Paras 1-20].

Income Benchmark – Disqualification from Subsequent Schemes – Even under subsequent schemes, respondent's income disqualified them from benefits – Bank's call to apply under new schemes conditional on eligibility, which respondents did not meet – Non-disclosure of respondent’s employment further disentitles them [Paras 16-17].

Judicial Review – Court's Role – Courts cannot modify or extend schemes beyond their terms – Judicial review limited to ensuring adherence to existing scheme, not creating new benefits [Para 17].

Decision: Appeal allowed – High Court order set aside – Writ petition dismissed – Parties to bear their own costs [Para 20].

Coparcenary Property – Inheritance and Partition – Property of deceased coparcener devolves per Hindu Succession Act if there are female Class-I heirs – After the death of Moola Gounder, his property was inherited as tenants-in-common, not joint tenants – Mother's execution of release deed on behalf of minor daughter without court sanction is voidable, not void – Suit for partition filed 18 years later barred by limitation [Paras 1-19].

Hindu Minority & Guardianship Act – Natural Guardian's Powers – Mother acted as natural guardian of minor daughters in releasing their share – Document executed without court sanction is voidable under Section 8, must be challenged within three years of attaining majority – Karta cannot act as guardian in a release deed involving his interest due to conflict of interest [Paras 7, 10-17].

Judicial Precedents – Application of Hindu Succession Act – Court emphasizes property inherited by Class-I heirs is individual property, not HUF property – Reference to relevant precedents including Gurupad Khandappa Magdum v. Hirabai Khandappa Magdum, Commissioner of Wealth Tax Kanpur v. Chander Sen, and Appropriate Authority (IT Deptt) v. M. Arifulla [Paras 11-14].

Decision: Appeal allowed – High Court judgment set aside – Trial court judgment restored – Pending applications disposed of [Para 19].

Criminal Law – Conspiracy and Corruption – Appellant, a former Director of Mines and Geology in Karnataka, sought discharge from charges of conspiracy and corruption – High Court set aside Magistrate's order granting discharge – Supreme Court examines evidence and legal principles under Section 227 of Cr.P.C. – Held that sufficient material existed to frame charges – Appeal dismissed [Paras 1-30].

Legal Principles for Discharge – Section 227 of Cr.P.C. – Court outlines principles for discharge applications – Emphasizes that at the stage of framing charges, probative value of material is not to be weighed – Court must proceed on assumption that materials are true – If two views are possible, and one gives rise to grave suspicion, charges should be framed [Paras 14-15].

Evidence and Findings – Allegations against appellant include conspiracy with other accused to issue Mineral Dispatch Permits (MDPs) illegally – Prosecution evidence included statements of officials and documents – High Court found sufficient material to raise grave suspicion – Supreme Court agrees, noting that appellant's defense cannot be considered at discharge stage [Paras 16-30].

Decision – Appeal Dismissed – High Court's order setting aside Magistrate's discharge order upheld – Charges to be framed against appellant based on material evidence – Observations made are for the purpose of deciding the discharge application and do not affect the trial's merits [Para 30].

Landlord-Tenant Law – Sub-letting and Arrears of Rent – Appellant (landlady) filed eviction suit against tenant (respondent) on grounds of sub-letting and arrears of rent – Rent Controller dismissed suit, but Appellate Authority decreed eviction – High Court quashed eviction decree – Supreme Court examines evidence and finds clear case of sub-letting – High Court’s order set aside, eviction decree restored [Paras 1-10].

Sub-letting – Definition and Proof – Sub-letting involves parting with possession and granting exclusive possession to third party without landlord’s consent – Landlord must prove prima facie case of sub-letting – Once established, burden shifts to tenant to rebut – In this case, evidence showed exclusive possession and control by sub-tenant [Paras 8-9].

Eviction Petition – Maintainability – Appellant as power of attorney holder of property owner filed eviction petition – Respondents challenged appellant’s status as landlady – Supreme Court held eviction petition maintainable under Section 2(6) of the Act – Appellant deemed landlord due to execution of rental agreement and receipt of rent [Para 6.1].

Decision – Appeal Allowed – High Court’s order set aside – Judgment and decree of Rent Control Appellate Authority restored – Respondents ordered to vacate premises within three months on filing usual undertaking and payment of arrears of rent within four weeks [Para 10].

Telecom Law – Spectrum Charges – Union of India challenged TDSAT’s order directing refund of excess amount encashed from bank guarantees provided by RCL for deferred spectrum charges – Supreme Court examines NIA 2013 and NIA 2015 terms – Holds that refund of unadjusted amount was justified – Appeal dismissed [Paras 1-12].

Bank Guarantees – Encashment and Refund – RCL failed to pay deferred spectrum charges – Union encashed bank guarantees for Rs. 908.91 crores against liability of Rs. 774.25 crores – RCL furnished fresh guarantees for Rs. 774.25 crores – Excess encashment of Rs. 134.66 crores sought to be refunded – TDSAT directed refund of Rs. 104.34 crores – Supreme Court upheld the decision [Paras 3-11].

Financial Stress and Relief – Telecom sector facing financial difficulties – Union revisited and modified payment terms for deferred spectrum charges – RCL’s financial stress and restructuring cited – Supreme Court finds Union’s refusal to refund excess amount unreasonable – Orders refund as directed by TDSAT [Paras 2, 10-11].

Decision – Appeal Dismissed – Supreme Court upholds TDSAT’s order directing Union of India to refund Rs. 104.34 crores to RCL for excess amount encashed from bank guarantees – No costs [Para 12].

Criminal Law – Murder – Appellants convicted for causing death of Sher Singh by setting him on fire – Trial Court and High Court relied on two dying declarations made by the deceased – Supreme Court examines the reliability and validity of the dying declarations – Conviction upheld [Paras 1-30].

Dying Declarations – Reliability and Evidentiary Value – Deceased made two dying declarations implicating the appellants – First to a doctor at the hospital, second to a police officer – Supreme Court finds both declarations consistent and reliable – No evidence of tutoring or fabrication – Medical evidence supports the mental fitness of the deceased at the time of making the declarations [Paras 8-18].

Motive – Absence of Proven Motive – Prosecution failed to establish a specific motive for the crime – Supreme Court holds that lack of motive does not invalidate the dying declarations or the prosecution case – Conviction based on dying declarations stands even without proof of motive [Paras 12.6, 16.3].

Contradictions and Inconsistencies – Defence raised contradictions in evidence, particularly regarding self-immolation theory and absence of direct evidence – Supreme Court rejects these contentions, finding the prosecution’s evidence consistent and credible – Dying declarations considered truthful and voluntary [Paras 14-16].

Decision – Appeals Dismissed – Conviction and life sentence under Section 302/34 IPC upheld – Appellants’ contentions rejected – No interference with the concurrent findings of the Trial Court and High Court [Paras 17-19].

Motor Vehicles Act – Section 163A – No-fault liability – Claimants filed under Section 163A for compensation due to the death of Chotelal alias Shivram in a vehicular accident – Tribunal awarded compensation, but High Court quashed it on the basis that the claim was against the owner and insurer of the motorcycle the deceased was driving, not the offending vehicle – Supreme Court upholds High Court's decision, finding deceased stepped into shoes of the owner [Paras 1-10].

Third Party Insurance – Deceased Borrower – Borrower of the vehicle steps into the shoes of the owner – As per Section 163A, compensation claims must be made against the owner/insurer of the offending vehicle, not the vehicle driven by the deceased – Insurance liability is limited to third parties, not the owner or borrower of the vehicle [Paras 5.1-5.7].

Contract of Insurance – Terms and Conditions – Insurance policy covers liability for third parties, not the owner/borrower – In personal accident, owner-driver entitled to specified amount under policy – Claimants entitled to Rs. 1 lakh under personal accident cover as per policy terms [Paras 5.8-5.9].

Decision – Appeal Partly Allowed – Claimants entitled to Rs. 1 lakh with interest at 7.5% per annum from claim petition date till realization – No order as to costs [Para 6].

Service Law – Pension Benefits – Appellant, a re-employed Proof Reader, denied pension benefits for the period between voluntary retirement and reappointment – High Court dismissed writ petition challenging denial – Supreme Court examines Rule 4.23 of PCSR regarding condonation of service interruption [Paras 1-16].

Condonation of Interruption – Rule 4.23 PCSR – Interruption due to voluntary retirement not condonable under Rule 4.23 – Rule limits condonation to interruptions caused by factors beyond the employee’s control and not exceeding one year – Appellant’s interruption exceeded six years – Government’s refusal to relax Rule 4.23 upheld [Paras 7-12].

Past Service Benefits – Fresh Appointment – Appellant’s reappointment considered fresh; past service not added for pension – Board’s resolution conditional on government approval, which was denied – Supreme Court affirms lower court’s decision denying pension for service prior to reappointment [Paras 13-15].

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Decision – Appeal Dismissed – High Court’s dismissal of writ petition upheld – Appellant not entitled to relief as statutory rules do not permit condonation of extended interruption in service [Para 16].