Facts:

The appellant claimed ownership of a shop in Belgaum and sought possession from the respondent.

The appellant purchased the shop through a registered sale deed, while the respondent claimed adverse possession.

The Trial Court decreed the suit in favor of the appellant, upheld by the First Appellate Court.

The High Court allowed the respondent's appeal, directing the appellant to seek remedies under tenancy laws.

Issues:

Whether the High Court erred in directing the appellant to pursue remedies under tenancy laws instead of claiming possession based on ownership.

Whether the respondent established a tenancy relationship or adverse possession.

Held:

The Supreme Court held that the High Court's decision was flawed due to its failure to consider crucial aspects of the case and misinterpretation of evidence and pleadings. Specifically:

The respondent did not raise the defense of being a tenant in their written statement, and no evidence supported such a claim.

The sale deed did not establish a tenancy relationship. Therefore, the Supreme Court set aside the High Court's decision and restored the judgments of the Trial Court and the First Appellate Court, affirming the appellant's ownership and right to possession of the shop.

Facts:

The appellant, Kuna @ Sanjaya Behera, along with his co-accused, Pravati Behera, was convicted under Section 302 of the Indian Penal Code, 1860, along with Section 34 of the same Code. The conviction was based primarily on the testimony of a single eyewitness, PW1, who alleged that the appellant and the co-accused had murdered Santosh Behera and then suspended his dead body from a nearby shed. The prosecution also alleged a motive for the murder, citing an illicit relationship between the appellant and the co-accused. The defense contested the reliability of PW1's testimony, pointing out inconsistencies and improbabilities. They also argued that there was insufficient evidence to establish the alleged motive for the murder.

Issues:

The credibility and reliability of the testimony of the sole eyewitness, PW1.

Whether there was sufficient evidence to establish the alleged motive for the murder.

Held:

The Supreme Court found that PW1's testimony was not credible due to various inherent improbabilities and inconsistencies. The behavior of PW1 during and after the incident raised doubts about the reliability of his account. Additionally, there was no other tangible evidence to support the prosecution's case against the appellant and his co-accused.

Therefore, the Court concluded that the evidence presented by the prosecution was insufficient to prove the guilt of the appellant and his co-accused beyond a reasonable doubt. As a result, the Court acquitted the appellant and ordered his release, giving him the benefit of the doubt.

Facts:

ECL Finance Ltd. filed a contempt petition against Harikishan Shankarji Gudipati for allegedly not honoring a consent decree.

The contempt petition was admitted by the learned Single Judge of the High Court of Bombay, and notice was issued to the respondents.

Respondents filed an intra-court appeal under Section 19 of the Contempt of Courts Act, 1971, against the admission of the contempt petition.

Issues:

The maintainability of the intra-court appeal under Section 19 of the Contempt of Courts Act, 1971.

Held:

The Court clarified that an appeal under Section 19 of the Contempt of Courts Act, 1971, is maintainable only against an order imposing punishment for contempt.

Orders declining to initiate proceedings for contempt, initiating proceedings for contempt, dropping proceedings for contempt, or acquitting/exonerating the contemnor are not appealable under Section 19.

The Court rejected the contention that the learned Single Judge had already made up his mind to punish the respondents, clarifying that issuing notice in a contempt petition is only a preliminary stage to consider the case on its merits.

The impugned order passed by the Division Bench was set aside.

The Court requested the learned Single Judge to consolidate the execution petition and contempt proceedings to determine the amount payable by the respondents in terms of the decree.

The parties were encouraged to settle their disputes.

Facts:

Consent agreements were entered into in 1989 for land acquisition, but the notification under Section 4 of the Land Acquisition Act was issued in 1996.

Consent awards were passed in 1997, based on consent forms obtained in 1989.

Allegation of fraud by the appellants, stating that signatures were obtained on blank consent forms.

Dispute arose over the validity of the consent agreements and the determination of compensation.

Issues:

Validity of consent agreements signed in 1989.

Determination of compensation based on the prevailing market rate in 1997.

Held:

The Court held that it would be unfair to enforce consent agreements from 1989, given the significant delay in issuing the acquisition notification.

Compensation should be determined based on the prevailing market rate in 1997, not the date of the original consent agreements.

The relevant date for compensation calculation is the issuance of the notification under Section 4 of the Act.

The High Court's judgment was set aside, and the reference court's determination of compensation at the rate prevailing in 1997 was restored.

The appellants were awarded costs, to be paid by the respondents. The appeals are allowed.

Facts:

The landlord appealed against the High Court's judgment upholding the tenant's right to purchase land under Section 32G of the Act.

The tenant was in possession of the land since 01.04.1957, and the landlord retired from the Armed Forces on 10.12.1959.

The tenant failed to purchase the land within the specified period, but the High Court held the right to purchase still valid.

Issues:

Whether the tenant's right to purchase the land under Section 32G was valid despite the landlord's failure to terminate the tenancy within the prescribed period.

Applicability of Chapter IIIAA introduced by an amendment in 1964 to the rights of the parties.

Held:

The Supreme Court held that the High Court erred in its interpretation and application of the law. It was ruled that Chapter IIIAA introduced in 1964 did not apply to the case as the landlord's retirement predated its introduction. Therefore, the tenant's right to purchase the land was not valid, and the landlord had the right to terminate the tenancy under Section 32P of the Act. The appeal is allowed.

Facts:

Six FIRs were registered against various Cooperative Housing Societies in Gujarat for alleged offenses under multiple sections of the Indian Penal Code. The accused, members of these societies, filed Criminal Applications in the High Court seeking to quash five of the FIRs, arguing that they were repetitive and identical to the first FIR. The High Court quashed the five FIRs, considering them overlapping with the first FIR. The appellants, feeling aggrieved by this decision, appealed to the Supreme Court.

Issues:

Whether the High Court was justified in quashing the five FIRs.

Whether the FIRs were indeed repetitive and identical to the first FIR.

Whether there was sufficient ground to quash the FIRs at the investigation stage.

Held:

The Supreme Court held that the High Court's decision to quash the five FIRs was not justified. The Court disagreed with the reasoning of the High Court and emphasized the need for thorough investigation into each Cooperative Society's affairs. The Court noted that while there were overlapping allegations, they were insufficient to warrant quashing the FIRs at the investigation stage. It was stated that detailed investigation was necessary to determine the nature of the offenses and the involvement of individuals. The Court cited previous judgments to support its position that police investigation should proceed unless there's sheer absurdity in the allegations or the FIR doesn't prima facie disclose a cognizable offense. Consequently, the appeals filed by the appellants were allowed, and the High Court's judgment was set aside.

Facts:

The case concerns the interpretation of certain provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, specifically focusing on the interplay between sub-sections (1) and (2) of Section 24 and the proviso appended to sub-section (2).

Issues:

The determination of whether the proviso to sub-section (2) of Section 24 extends its applicability to sub-section 24(1)(b) or if it is limited solely to sub-section 24(2).

Held:

The court established that sections 24(1) and 24(2) of the Act operate in distinct realms. The proviso to sub-section (2) functions as an exception to the main provision and is not applicable to sub-section 24(1)(b) .

It was clarified that the proviso appended to sub-section (2) of Section 24 serves the purpose of ensuring compensation to all landholders and preserving land acquisition proceedings. Consequently, it is construed as a proviso to sub-section (2) and not to sub-section 24(1)(b) .

Decision: The court concluded that the proviso to sub-section (2) of Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, should be treated as part of sub-section (2) and not sub-section 24(1)(b), based on its intended purpose and legislative intent.

Facts:

The dispute involved two cases filed by the respondents under Section 8 of The Andhra Pradesh Land Grabbing (Prohibition) Act, 1982, against the appellant, concerning possession of a portion of land in Banjara Hills, Hyderabad.

The cases, referred to as LGC No.41/1998 and LGC No.50/2004, were filed with similar claims but resulted in conflicting decisions by the Special Court.

The High Court allowed the respondents' writ petition, leading to the appeal before the Supreme Court.

Issues:

Unsatisfactory trial leading to conflicting decisions.

Failure to club related cases.

Lack of impleading relevant State authorities.

Inadequate consideration of procedural matters.

Misapplication of jurisdiction under Article 227.

Held:

The Supreme Court allowed the appeals in part and remanded both cases to the Special Court for fresh disposal on merits. The court directed the clubbing of the cases, addition of relevant State authorities as non-applicants, and afforded the parties an opportunity to amend pleadings and submit additional evidence.

The Supreme Court clarified that it had not expressed any opinion on the merits of the case but identified procedural and substantive flaws in the trial process, necessitating a fresh examination of the issues. The Special Court was instructed to render factual and legal findings in accordance with the relevant provisions of the Act and without reference to previous judgments.

Facts:

The case involved a writ petition filed under Article 32 of the Constitution by the Commission for Judicial Accountability and Reforms (CJAR) on November 8, 2017. The petition raised concerns about an FIR alleging criminal conspiracy and illegal gratification to influence a pending case before the Supreme Court. Another similar writ petition, filed by Kamini Jaiswal, a member of CJAR, was filed on November 9, 2017. Both petitions sought the same relief and were represented by the same set of counsels. The Court, in response to these petitions, had to address issues related to the allocation of benches, forum hunting, and allegations against the judiciary.

Issues:

Whether the Chief Justice of India has the administrative authority to constitute benches.

Whether the filing of two successive petitions with similar reliefs amounts to forum hunting.

Whether requests for recusal of judges are justified.

Held:

The Constitution Bench had previously ruled that the Chief Justice of India is the master of the roster, and any order contrary to this principle is ineffective and not binding. Therefore, the Chief Justice has the authority to constitute benches, as done in this case.( Para 15)

Articles 142 and 144 of the Constitution were deemed not applicable in the present case. The decision of the Constitution Bench, which affirmed the Chief Justice's authority, prevails. The Chief Justice's administrative decision in constituting the bench is binding.( Para 16)

The filing of two successive petitions with similar reliefs was considered a misconceived venture and forum hunting. There was no urgency to file the second petition, and it aimed to manipulate the system, which brought disrepute to the judiciary.( Para 17)

There was a contradiction in the petitioner's plea regarding the involvement of the Chief Justice of India in hearing the matter. The Court emphasized the need to uphold the Chief Justice's authority in assigning cases.( Para 18)

Even when there are allegations against the Chief Justice, it is within his authority to assign cases appropriately. The attempt to avoid the Chief Justice's involvement amounted to forum hunting and was deprecated.( Para 19)

The petitions were considered misconceived as they presupposed that the investigation involved higher judiciary officials, which was not the case. Making unfounded allegations tarnished the judiciary's reputation.( Para 22)

Allegations of conflict of interest and requests for recusal were strongly condemned as attempts at forum hunting and interference with the administration of justice.( Para 23)

The Constitution Bench affirmed the Chief Justice's authority in roster making, and judicial orders cannot override this principle. Attempts to manipulate bench assignments were deemed unethical and unwarranted.( Para 30)

Requests for recusal without reasonable grounds were considered contemptuous and detrimental to the judicial system's integrity. Upholding the dignity of the judiciary was emphasized.( Para 31)