Arbitration – Limitation for Application – Application under Sections 5, 11, and 12 of the Arbitration Act, 1940 to appoint a new arbitrator after original arbitrators became functus officio – High Court allowed the application beyond limitation period – Supreme Court held that application should be made within three years from the date arbitrators became functus officio – Application filed after three years was time-barred [Paras 1-21].

Limitation Act – Application of Article 137 – Article 137 of the Limitation Act prescribes three years for any application not otherwise provided for – Limitation period begins when the right to apply accrues – For arbitration, the right to apply for new arbitrator accrues when the original arbitrators become functus officio [Paras 15-17].

Decision: Appeal allowed – High Court’s order set aside – Application under Sections 5, 11, and 12 of Arbitration Act dismissed as time-barred [Paras 21-22].

Criminal Law – Probation – Appellant convicted under Section 7 of the Essential Commodities Act, 1955, and sentenced to one-year imprisonment and a fine – Sought modification for probation under Section 360 of CrPC or Section 4 of Probation of Offenders Act – High Court rejected the plea, citing it was functus officio after judgment delivery – Supreme Court upheld High Court's decision, emphasizing no scope for post-judgment modifications under Section 362 CrPC [Paras 1-12].

Judicial Process – Abuse of Court – Appellant repeatedly approached courts, abusing judicial process – Supreme Court dismissed the petition as misconceived and untenable, imposing costs for frivolous litigation – Reinforced courts' stance against misuse of judicial process [Paras 13-16].

Economic Offences – Probationary Measures – Discussed non-applicability of probationary measures for economic offences and anti-social activities under the Essential Commodities Act – Cited societal risks and improbability of rehabilitation through probation [Paras 17-19].

Decision: Appeal dismissed – High Court’s refusal to modify judgment upheld – Appellant directed to pay costs for frivolous petition [Para 19].

Land Acquisition – Lapse of Proceedings – Award under Section 11 of the Land Acquisition Act not made within the prescribed two years from the publication of the declaration under Section 6 – High Court erroneously excluded the period from the date of dismissal of interim relief to the date when certified copy of judgment was received by the authority – Supreme Court held such exclusion not permissible under Section 11A – Acquisition proceedings lapsed [Paras 1-14].

Limitation – Exclusion of Time – Section 11A mandates the award to be made within two years from declaration, excluding only the period during which action or proceeding is stayed by a court – No provision to exclude time taken to obtain certified copy of judgment – Section 12 of Limitation Act not applicable to Section 11A [Paras 8-12].

Statutory Interpretation – Legislative Intent – Provisions of Limitation Act cannot be read into special provisions of Land Acquisition Act unless explicitly provided – Section 28A incorporates exclusion of time for obtaining copy of award, unlike Section 11A, showing clear legislative intent [Para 11].

Decision: Appeal allowed – High Court's judgment set aside – Acquisition proceedings declared lapsed [Paras 13-14].

Land Lease – Renewal – Lease initially granted to Gopaldas Mohta for 30 years – Corporation passed a resolution for renewal of lease for another 30 years – Subsequent lease granted to appellant found illegal as the initial renewal was not cancelled or rescinded – Sanction of State Government required for lease renewal under Section 70(5) of City of Nagpur Corporation Act not obtained prior to decision [Paras 1-9].

Doctrine of Equality – Public Property – Corporation must follow procedures consistent with Article 14 of the Constitution – Alienation of public property should be done through auction or inviting tenders – Supreme Court held that renewal of lease without such procedure is arbitrary and violative of Article 14 [Paras 10-16].

Contract Law – Specific Performance – High Court reversed trial court’s decree for specific performance favoring appellant – Appellant’s failure to prove readiness and willingness to perform the contract resulted in dismissal of suit – Findings became final as appellant did not challenge High Court's judgment under Article 136 [Paras 8-9].

Decision: Appeals dismissed – Appellant directed to hand over possession to Corporation within three months – Corporation to alienate the property through auction or tender process – Market value of the structure to be paid to the appellant [Paras 20-22].

Taxation – Mandi Fee – Appellants contested mandi fee imposed on stock transfers by Krishi Utpadan Mandi Samiti under Section 17 of Uttar Pradesh Krishi Utpadan Mandi Adhiniyam, 1964 – High Court upheld imposition, rejecting appellants' claim for refund – Supreme Court held statutory presumption of sale within market area unrebutted due to insufficient evidence by appellants – Mandi fee deemed valid [Paras 1-22].

Judicial Review – Standard of Proof – Rebuttable presumption under Section 17(iii) of the Act – Appellants required to provide clear and convincing evidence to rebut presumption of sale – High Court’s findings not irrational or perverse – No interference warranted by Supreme Court [Paras 23-36].

Procedural Law – Machinery Provisions – Appellants argued lack of assessment and adjudicatory machinery under the Act – Supreme Court noted presence of adequate mechanisms for dispute resolution and rejected claims of procedural deficiency [Paras 37-41].

Decision: Appeals and writ petition dismissed – High Court's decision affirmed – Mandi fee imposition upheld – Appellants directed to pay costs [Paras 42-62].

Armed Forces Tribunal – Appeal to Supreme Court – Section 30 appeal subject to provisions of Section 31 – No absolute right of appeal against Tribunal’s final decisions/orders – Leave of Tribunal or Supreme Court required for appeal – Section 31 application necessary before Supreme Court’s leave – Appeals dismissed for lack of compliance with Section 31 [Paras 1-12].

Statutory Interpretation – "Subject to" Clause – Interpretation of "subject to the provisions of Section 31" – Section 30 appeals conditional upon Section 31 compliance – No redundancy of legislative words – Prior application for Tribunal’s leave mandated before Supreme Court approach [Paras 6-9].

Judicial Precedents – Consistent Legislative Intent – Comparison with other statutes providing direct Supreme Court appeals – Armed Forces Tribunal Act distinguished – Interpretation based on specific legislative wording and intent – Reference to established case law on statutory interpretation principles [Paras 12-16].

Decision: Appeals dismissed – Liberty to appellants to seek Tribunal’s leave under Section 31 – Period of limitation for leave application to start from date of Supreme Court order – No opinion on merits of the controversy expressed [Paras 17-18].

Criminal Law – Murder – High Court acquitted respondents of murder charge under Section 302/149 IPC – Respondents convicted for other offences – High Court noted injuries on deceased were simple, inflicted on non-vital parts, and not sufficient to cause death – Trial Court’s reliance on internal injuries unsupported by external evidence [Paras 1-7].

Evidence – Medical Testimony – Dr. Narendra Swarup Mathur (PW-13) testified injuries were simple and on non-vital parts – No external head injuries despite internal blood clots – Doctor did not certify injuries sufficient to cause death in ordinary course – Evidence insufficient for murder conviction [Paras 6-8].

Judicial Reasoning – High Court correctly assessed evidence – Absence of intent or knowledge to cause death – Respondents’ conviction for lesser offences affirmed – Sentence of imprisonment already undergone deemed sufficient [Paras 7-9].

Decision: Appeal dismissed – High Court's judgment affirmed – Respondents acquitted of murder charge, conviction for remaining offences upheld – Respondents to be released if not required in other cases [Paras 8-9].

Criminal Law – Conviction – Appeal against conviction under Section 302/34 IPC – High Court upheld conviction based on eyewitness testimonies and corroborating medical evidence – Appeal contended inconsistencies between eyewitness and medical evidence, influence of interested witnesses, and lack of test identification parade – Supreme Court found no merit in the appeal – Conviction and sentence upheld [Paras 1-17].

Evidence – Eyewitness Testimonies – Consistent testimonies of PW-3, PW-4, PW-5, and PW-7 identified appellant as one of the assailants – Medical evidence supported the cause of death by gunshot injury – Forensic evidence confirmed use of improvised firearm – No contradiction found between ocular and medical evidence [Paras 7-12].

Procedure – Examination under Section 313 CrPC – Appellant’s contention of prejudice due to non-examination of Forensic Science Laboratory report under Section 313 CrPC dismissed – Court found appellant aware of report and no prejudice caused – Report considered as corroborative evidence [Paras 15-16].

Judicial Reasoning – Interest of Witnesses – Argument that witnesses were interested and influenced by Raju dismissed – Court found no material evidence supporting such influence – Eyewitnesses from locality provided consistent accounts without ill motives [Para 13].

Decision: Appeal dismissed – Conviction and sentence of life imprisonment under Section 302/34 IPC affirmed – High Court’s judgment upheld [Paras 16-17].

Criminal Law – Conviction – Appeal against conviction under Section 302 IPC – High Court upheld conviction based on eyewitness testimony of child witness PW-2 and corroborative evidence – Appeal contended inconsistencies in evidence, influence of interested witnesses, and procedural lapses – Supreme Court found no merit in the appeal – Conviction and sentence upheld [Paras 1-11].

Evidence – Child Witness – PW-2, an eight-year-old child, provided a detailed account of the murder – Testimony found credible and corroborated by other witnesses and recovery of the weapon – No evidence of tutoring – Court relied on consistent statements from the time of incident till trial [Paras 7-9].

Procedure – Section 164 CrPC – Appellant argued non-examination of Magistrate who recorded statement under Section 164 CrPC – Court held conviction based on substantive evidence of PW-2 during trial, not solely on Section 164 statement – Procedural lapses did not prejudice the appellant’s case [Paras 10-11].

Judicial Reasoning – Corroborative Evidence – PW-2’s testimony corroborated by PW-1, PW-8, and PW-11 – Recovery of blood-stained daa at appellant’s instance supported prosecution case – Medical evidence consistent with nature of injuries described by PW-2 [Paras 8-10].

Decision: Appeal dismissed – Conviction and sentence of life imprisonment under Section 302 IPC affirmed – High Court’s judgment upheld [Para 11].