Civil Appeal – Execution Proceedings under Order XXI of the CPC – Appeal by landlord against the delay and abuse of process in execution proceedings by the tenants – Historical delay in execution of decrees highlighted – Initial eviction decree obtained on the grounds of non-payment of rent, with decree holder entitled to execute the decree as per order dated 12.02.2013 – Challenge by judgment debtors of the order dated 12.02.2013, almost four years later, rejected by executing court but allowed in revision, leading to further appeal. [Para 1-3]

Section 47 CPC – Scope and Limitation – Section 47 mandates all questions relating to execution, discharge, or satisfaction of the decree to be determined by the executing court, without going behind the decree – Executing court’s jurisdiction is limited, not allowing a re-examination of the validity of the order allowing the execution of the decree unless such order is without jurisdiction. [Para 4-5]

Delay in Execution – Concern of the Court – Reiteration of the Supreme Court’s concern over inordinate delays in execution proceedings – Reference to case law (Rahul S. Shah v. Jinendra Kumar Gandhi and Others) condemning abuse of process in execution, with directions for expedited execution provided. [Para 6]

Specific Case Facts – Res Judicata – Application of principles of res judicata in execution proceedings – Initial order (12.02.2013) allowing execution was never challenged, establishing finality – Attempt by judgment debtors to challenge this order on 19.01.2017, rejected by executing court on grounds of maintainability, but allowed in revision – Further appeal to Bombay High Court, raising res judicata, but High Court refrained from addressing the issue due to its non-raising in earlier stages. [Para 7-9]

Decision – Setting Aside Lower Courts’ Orders – Supreme Court finding error in High Court’s non-interference and appellate court’s allowance of revision against executing court’s order – Orders of appellate court and High Court set aside, upholding the order of the executing court dated 28.09.2017 – Direction to executing court to complete execution expeditiously within a stipulated timeframe of six months. [Para 8]

Conviction Appeal – Rape under Section 376 IPC – Appellant convicted for rape by Trial Court, upheld by High Court – Challenging both the validity of the conviction and the determination of the prosecutrix’s age crucial for the case – Appeal before Supreme Court for adjudication. [Para 1]

Prosecution Case – Allegation of rape on minor prosecutrix by appellant – Initial settlement attempt through marriage proposal, failed leading to filing of FIR – Prosecution brought forward school register, medical examination report and testimonies to establish the case. [Para 2-3]

Age Discrepancy – Conflict between school register and medical examination regarding prosecutrix’s age – Critical to ascertain whether consent for sexual intercourse could be considered – Lack of solid evidence and failure to conduct bone ossification test leaves age undetermined. [Para 4, 8-9]

Testimony of Prosecutrix – Delay in reporting the incident, improbabilities in narrative, and initial willingness for marriage settlement casts doubt on the credibility of the rape allegation – Sole testimony of prosecutrix requires cautious examination, especially when conflicting with other evidences. [Para 5-6]

Medical Examination – Medical report indicating no force used, and well-developed secondary sex characteristics – medical evidence not conclusively determining the age of the prosecutrix – Failure to conduct further tests to ascertain age leaves crucial gaps in prosecution’s case. [Para 7, 9]

Consensual Act Vs Rape – Uncertainty around prosecutrix’s age and circumstances suggesting possibility of consensual act – Absence of clear evidence establishing non-consensual sexual intercourse – Prosecution’s failure to prove beyond doubt the age and the non-consensual nature of act. [Para 10-11]

Decision – Supreme Court finds prosecution’s evidence inadequate in establishing the age of prosecutrix and the non-consensual act – Acquittal of appellant from charges of Section 376 IPC – Appeal allowed, previous judgments set aside, bail bonds of appellant discharged. [Para 12]

Judicial Delay – Article 142 of the Constitution of India - Demonstrates the impact of judicial delays, compelling the Supreme Court to invoke its Extraordinary Jurisdiction under Article 142 of the Constitution of India to arrive at a resolution. [Para 3]

Labor Law – Unfair Labour Practices – Reinstatement and Back Wages - Outlines the order of dismissal against the first respondent dated 25th June, 2001, and subsequent filing of a complaint before the Labour Court. Discusses the Labour Court's direction for reinstatement with back wages and the subsequent procedural history including orders from the Industrial Court and High Court. [Para 4]

Superannuation – Impact on Ongoing Litigation - first respondent reached the age of superannuation on 31st December, 2006, making the outcome of continuing litigation even more uncertain. [Para 5]

Penalty – Disproportionate Punishment - Highlights the contention of the first respondent that the penalty of dismissal imposed upon him was disproportionate. [Para 6]

Article 142 – powers under Article 142 to resolve the matter by directing the appellant to pay a lump sum amount to the first respondent. [Para 7-8]

Order – Final Disposition of the Appeal - appeal is disposed of, directing the appellant to pay Rs.10,00,000/- to the first respondent within two months. Also provides for disposal of Writ Petitions and other pending proceedings between the parties. [Para 8-9]

Criminal Appeal - Bail - Appellant aggrieved by the High Court's order rejecting bail application in connection with FIR for various offenses including under the Indian Penal Code and the Gujarat Control of Terrorism and Organized Crime Act - Appellant in judicial custody for over 2 years and 9 months - No other criminal antecedents - Conditions for invoking the GCTOC Act not fulfilled - Only one chargesheet against the appellant - No "continuing unlawful activity" found - Appellant granted bail with specific conditions. [Para 1-10]

Civil Appeal – Delay in bringing legal representative on record – Inordinate delay in the legal proceedings – The case illustrates the disillusionment of litigants due to the slow pace of judicial processes – Examination of the history of the case and the challenges in determining the legal representative. [Para 1-5]

Legal Representative vs. Legal Heir – The distinction between 'legal representative' and 'legal heir' under the Code of Civil Procedure – Emphasis on the importance of having the correct legal representative on record to prosecute proceedings after a party's demise. [Para 3]

Civil Litigation – Delay in legal proceedings – Prolonged litigation spanning several decades – Need for expeditious disposal of cases – Concerns regarding judicial delay and its impact on public trust in the justice system. [Para 18-20]

Judicial Delays – Historical perspective on efforts to curb judicial delay – Various committees and reports highlighting the need for speedy disposal of cases – Recommendations for reducing delays in both civil and criminal cases, including judicial reforms and increased judicial strength. [Para 21-26]

Procedural Laws and Delay in Civil Trials – Factors contributing to delay in civil trials enumerated, including non-compliance with CPC provisions, misuse of court processes, lengthy evidence and arguments, non-utilization of CPC provisions such as Order X, and lack of accountability and transparency. Over-tolerant approach of lower courts in granting adjournments criticized for causing unwarranted delays. [Para 27-29]

Importance of Implementing CPC Provisions – Emphasis on the utilization of CPC provisions to reduce delays in proceedings. Non-application of CPC provisions by trial courts identified as a cause of delays. Need for strict enforcement of time schedules, especially regarding the filing of written statements under Order VIII, Rule 1. [Para 30]

Case Flow Management System Rules – Introduction of Case Flow Management Rules for High Courts and Subordinate Courts recommended to address delays in litigation. Highlighting the importance of effective implementation of these rules. Urgent call for High Courts where such rules are yet to be framed to take immediate steps to formulate them. [Para 31]

Statistical Overview – Alarming statistics on the pendency of cases before High Courts and Civil Courts in various states presented, emphasizing the magnitude of the problem of judicial delay. [Para 33]

Judicial Reform – Urgent need for reform in the Indian judiciary system to address the issue of delay and pendency of cases – Acknowledgment of the significance of a swift and efficient judiciary in upholding democracy, individual liberties, and the rights of the marginalized – The obligation of citizens under Article 51A(j) of the Constitution to strive towards excellence in all spheres of individual and collective activity – Call for all stakeholders, including the legal fraternity, legislature, executive, and citizens, to join hands in efforts to streamline procedures, bolster infrastructure, invest in technology, and empower the judiciary to meet the demands of the time – The imperative for legal reform and the role of the judiciary in delivering justice promptly. [Para 34-39]

Direction – Orders issued by the Court to address delay and pendency in the judiciary system – Specific directions for lower courts to ensure proper execution of summons, timely filing of written statements, recording of admissions and denials, and promoting alternative dispute resolution (ADR) – Emphasis on maintaining trial diaries, complying with provisions for payment of costs, and expediting the trial process – Monitoring and reporting requirements for pending cases, especially those older than five years – Establishment of review committees by High Courts to oversee corrective measures – Directions to circulate the judgment to all High Courts for consideration and implementation. [Para 39 and 2]

Civil Appeal – High Court's order set aside – Trial Court's order affirmed – Directions issued to lower courts for expediting cases and ensuring timely resolution – Emphasis on prompt trials and effective case management. [Para 1-4]

Constitutional Amendment Act - Goods and Services Tax (GST) - Introduction of GST and its implications on taxation powers - Creation of GST Council - Amendment of Articles 246-A, 269-A, and 366(12A), (26-A), (26-B) - Modification of Entry 84 and introduction of Entry 54 in the Union List - Constitutional framework for GST established. [Para 2-13]

State-Specific Amendments - Telangana, Maharashtra, and Gujarat - Amendments to local VAT Acts - Challenges to amendments - Telangana VAT amendment challenged on grounds of legislative competence, timing, and retrospective effect - Bombay High Court's reading down of Maharashtra VAT amendment and retrospective effect challenged - Gujarat's Section 84A of VAT Act challenged for legislative competence and arbitrariness - Appeals against High Court decisions. [Para 14-16]

Constitutional Amendment – Interpretation of Section 19 – Examination of the language and intent of Section 19 of the Amendment Act – Section 19 serves the purpose of preserving the existing status quo with regard to state and central indirect tax regimes for a limited duration or until amended or repealed – It authorizes competent legislatures to amend and repeal existing laws – Distinguishing between constituent power and legislative power – Section 19, while not part of the Constitution itself, was enacted through the constituent power – Comparison with Articles 243 ZF and 243 ZT, which were part of the Constitution but had similar limited duration – Section 19 is not a mere legislative device but is part of the same Amendment Act that revamped the Constitution – The existence of Section 20 further supports the constituent nature of the amendment. [Para 72-83]

Section 19 of the Constitutional Amendment - Power to amend or repeal existing laws under Section 19 of the Amendment - Constitutional interpretation of Section 19 in relation to the Goods and Services Tax (GST) - Discussion on the source of legislative authority - Comparison with previous constitutional amendments - Role of the GST Council in operationalizing Article 246A - The broad scope of the term "amend" in the context of Section 19 - Conclusion that there were no limitations under Section 19, and it constituted the expression of sovereign legislative power to make necessary changes through amendment to existing laws. [Para 84-97]

Constitutional Validity – Examination of Telangana Act's validity originating as an ordinance – Telangana argued for the relating back theory, claiming the ordinance's approval relates it back to the date when it was validly amended – Comparing ordinances to legislative acts in terms of their effect and binding nature – Reference to A.K. Roy and R.K. Garg cases. [Para 98-99]

Ordinance Making Power – Discussion on the nature of ordinances and their legislative status – The executive's power to promulgate ordinances as a temporary measure with mandatory legislative approval – Distinguishing between ordinance making and traditional legislative procedures. [Para 100-101]

Krishna Kumar Singh Case – Detailed analysis of the legal effects of ordinances ceasing to operate – Examination of the theory of lasting effect of an ordinance – Clarification on the necessity of laying an ordinance before the legislature – Constitutional control over ordinance-making power. [Para 101]

Legal Effects of Ceasing to Operate – Two competing interpretations of the expression "shall cease to operate" – Discussion on the impact on rights, privileges, obligations, or liabilities arising under an ordinance after it ceases to operate – Overruling the enduring rights theory – Emphasizing the need for the legislature's involvement. [Para 102-68]

Telangana Ordinance and State GST Act – Analysis of the timeline between the Telangana ordinance promulgation and the State GST Act enactment – Examining the argument regarding the amendment's legislative competence – Discussion on the validity of acts done in pursuance of the ordinance and the repeal and savings clause. [Para 103-107]

Value Added Tax (VAT) Acts – Retroactive Amendments – Validity of retrospective amendments to the Gujarat VAT Act and Maharashtra VAT Act – Assessment order reducing input tax credit – VAT Tribunal's decision in favor of the assessee – High Court's dismissal of the State's appeal – Subsequent amendments and revision notices – Constitutional amendment related to Goods and Services Tax (GST) – Retroactive amendments challenged – Lack of competence of the legislature post-GST regime – Amendments to the Maharashtra VAT Act also invalidated for the same reasons. [Para 108-115]

Constitutional Amendments – Effect of Constitution (101st Amendment) Act, 2016 – Transitional arrangement – Operation and impact of Section 19 and Article 246A – Continuation and amendment of existing laws – Deletion of legislative heads in Lists I and II – Legislative competence post-GST regime – Validity of amendments to Telangana VAT Act, Gujarat VAT Act, and Maharashtra VAT Act – High Court judgments – Bombay High Court's judgment held in error – Amendments requiring pre-deposit void – Dismissal of appeals filed by the States of Telangana and Gujarat – Success of appeals by the assessees against the Bombay High Court's judgment. [Para 116-117]

Criminal Appeal – Cancellation of Bail – Change in testimony of crucial witnesses – Allegations of intimidation and influence on witnesses – High Court’s order granting bail to Respondent No. 1 challenged – Post-bail developments reveal a disturbing change in stance of key witnesses – Prima facie proximity between bail and attempts to influence witnesses – Grant of bail withdrawn in the interest of justice. [Para 14-32]

Witnesses – Recalling of Witnesses – Cross-examination of crucial witnesses – Family members of the deceased turning hostile – Invocation of Constitutional and statutory powers to recall witnesses – Ensuring a fair trial – Witnesses to be recalled for further cross-examination in a congenial environment, free from threats or inducement. [Para 28-30]

Decision – Bail cancelled – Direction to surrender within one week – Recalling of witnesses for further cross-examination – Security provided to the appellant and her family – Investigation into alleged threats or inducement against the witnesses – Close observation of demeanor during cross-examination to ensure a free and unpolluted version of witnesses’ testimony. [Para 32-33]

Civil Appeal – Dispute over lease of property – Litigation spanning several years – Appellant, the owner of the property, executed a lease deed with respondent no. 2 for 33 years – Suit premises sublet without permission – Legal notice issued for vacant possession after lease expiry – Respondent no. 2 claimed an oral extension of the lease – Wakf Tribunal decreed the suit in favor of the appellant – Respondents filed revision petition – High Court upheld the decree – Execution proceedings initiated – Objection raised citing Ramesh Gobindram case – Executing Court rejected the objection, but High Court reversed it – Challenge to the High Court's order. [Para 2-8]

Legal Jurisdiction – Interpretation of the Wakf Act – Jurisdiction of the Wakf Tribunal to decide issues related to eviction from a Wakf property – Rival arguments presented on the scope of the Act – Citing precedent cases to support respective positions. [Para 9-12]

Pending Issues – Examination of legal issues raised in the case – Evaluation of the applicability of the Wakf Act in the context of the dispute – Consideration of precedent cases and their relevance. [Para 13]

Forum and Jurisdiction - The principle that an Executing Court cannot go beyond the decree, subject to the rigor of Section 47 read with Order XXI of the Code - Duty of an Executing Court to give effect to the decree - Interference with jurisdiction to be undertaken sparingly - Heavy onus on the judgment-debtor to establish a decree's inexecutability - Consideration of jurisdiction issues should be avoided when it involves factual adjudication [Para 14]

Conduct of Parties - Significance of a party's conduct - Parties should not be permitted to have undue advantages by raising jurisdiction issues at a belated stage - Consequences of such conduct in the context of the huge backlog of cases in the country - The principle of "approbate and reprobate" - A party cannot accept and reject the same thing, blow hot and cold, or take advantage of one part while rejecting the rest of a transaction - Application of this principle with an element of fair play and equity - Common law principle inherent in the doctrine of election [Para 15]

Change of Forum - Discussion on the retrospective application of changes in forum - Amendments to statutes on forum changes are generally regarded as procedural and therefore retrospective, unless expressly stated otherwise - The absence of vested rights in the choice of forum - Citations of relevant cases including New India Insurance Co. Ltd. v. Smt. Shanti Misra, Hitendra Vishnu Thakur and Others v. State of Maharashtra and Another, Neena Aneja and Another v. Jai Prakash Associates Ltd. - Distinction between procedural and substantive law - The deviation in the Dhadi Sahu case regarding vested rights in forum selection [Para 17-19]

Jurisdiction of Civil Courts – Prima facie satisfaction of jurisdiction – Duty of Court to check its own jurisdiction – The court must satisfy itself as to the existence of jurisdiction, even if not raised by the parties – Maxim “actus curiae neminem gravabit” (no one shall be prejudiced by an act of Court) – The duty to mitigate damage suffered by a party due to the act of the court – Failure to check jurisdiction may lead to the application of this maxim – Specialized forums created by statute – Civil court should normally entertain disputes not amenable to such forums – Exceptions when fundamental principles, including natural justice, are violated – Consideration of the objective behind the enactment and its provisions – Principles laid down in Dhulabhai case followed. [Para 20-27]

Jurisdiction - Interpretation of statutory provisions concerning the jurisdiction of Wakf Tribunal - Amendment to the Act in 2013 - Removal of the basis of a previous decision - Applicability of procedural amendments retrospectively - Respondents hindering justice by protracted proceedings - Appellate Court restoring the order of the Executing Court - Decision in Rashid Wali Beg clarifying jurisdiction post-amendment applied - High Court's order set aside. [Para 28-32]

Maintenance Claim – Daughter-in-law seeking recovery of arrears and monthly maintenance from father-in-law and mother-in-law – Marriage deteriorated, leading to legal proceedings – Husband’s anticipatory bail denied – Daughter-in-law granted interim maintenance – Maintenance order enhanced – Daughter-in-law claims inheritance rights to ancestral property – Husband obtained a divorce decree in Australia – Property attachment and auction attempts failed – Daughter-in-law seeks transfer of ownership of specific shops – Past history displays defiance by husband and father-in-law – Court’s power under Article 142 invoked for complete justice – Directions issued for sale of specific shops and payment to daughter-in-law. [Para 1-19]