Facts:

The case involved a contractual dispute between Mrs. Hema Khattar (the appellant) and Shiv Khera (the respondent) regarding the reconstruction of a building in New Delhi. The dispute arose due to alleged deficiencies in construction quality, leading to legal notices and arbitration proceedings.

Issues:

Whether the suit filed by the appellants was bad for misjoinder of parties and causes of action.

Whether the matter should be referred to arbitration as per the arbitration clause in the agreement between the parties.

Held:

The Court held that the suit was not bad for misjoinder of parties or causes of action. Both appellants had distinct causes of action but could be joined in one suit. The Court also held that the matter should be referred to arbitration as per the arbitration clause in the agreement, even after termination of the contract.

Decision: The Court set aside the orders of the lower courts and referred the disputes raised by the appellants to the sole arbitrator appointed by the respondent. The arbitrator was directed to decide the disputes expeditiously in accordance with the law.

Facts:

The "Beaulieu" estate was purchased in 1900 by the Dewan of Mysore on behalf of the First Princess.

Portions of the estate were subsequently acquired by the government before and after independence.

Complaints were raised regarding the validity of the original conveyance deed and subsequent transactions.

Proceedings were initiated under Section 67 of the Karnataka Land Revenue Act, 1964.

Various parties challenged these proceedings through writ petitions and appeals.

Issues:

Validity of the original conveyance deed executed in 1900.

Jurisdiction of the State to initiate proceedings under Section 67 of the KLR Act.

Applicability of Section 67 to disputes of title between individuals and the State.

Allegations of fraud and collusive transactions.

Held:

The Supreme Court examined historical records and transactions related to the estate.

Found evidence supporting the purchase of the estate for the First Princess.

Concluded that the State's actions were beyond the period of limitation and lacked jurisdiction.

Held that Section 67 of the KLR Act applies to public property, not disputes of title between individuals and the State.

Emphasized the need to prove fraud and that it cannot be presumed.

Declared the estate rightfully belonged to the First Princess, and the State had no claim over it.

The appeals were allowed, setting aside the High Court's judgment and restoring the Single Judge's decision.

Facts:

The respondent, along with co-accused, intoxicated the complainant, looted money from him, beat him, and dumped him in a watercourse. The trial court convicted the respondent for offenses under various sections of the Indian Penal Code (IPC) and awarded imprisonment for two years for each offense, to run concurrently. However, the High Court modified the sentence, substituting it with a fine of Rs. 30,000.

Issues:

Whether the High Court erred in altering the sentence awarded by the trial court?

Whether the gender of the offender can be considered as a mitigating factor in sentencing?

What principles should govern sentencing for heinous offenses?

Held:

The Supreme Court emphasized the necessity of imprisonment as punishment for certain offenses, particularly those under sections 307, 328, and 392 of the IPC, which mandate both imprisonment and a fine. The High Court erred in removing the element of imprisonment altogether .

The Court discussed the principles of sentencing, including the consideration of mitigating and aggravating circumstances, as well as the relevance of gender as a mitigating factor. While there is no hard and fast rule regarding the treatment of gender in sentencing, it may be considered depending on the circumstances of each case .

Justice Sikri emphasized the necessity of punishment for heinous offenses, highlighting the deterrence theory in sentencing. Discretion lies with the court, but it must be exercised fairly and in accordance with established principles .

Justice Ashok Bhushan, concurring with Justice Sikri, further elaborated on the statutory scheme of punishments under the IPC. The power of the appellate court to alter sentences must be exercised within the framework of the law .

Decision: The Supreme Court allowed the appeal, setting aside the High Court's modification of the sentence and restoring the judgment of the trial court. The respondent was to undergo imprisonment as originally sentenced by the trial court.

Facts:

Dispute between parties over irrigation rights.

Altercation during a court proceeding, resulting in injuries inflicted by the appellant using a Kirpan.

Two individuals died as a result of the altercation.

Issues:

Whether the appellant's actions constituted murder under Section 302 of the IPC or could be classified under Section 304 Part II, which deals with culpable homicide not amounting to murder.

Held:

The court concluded that the appellant's actions fell under Section 304 Part II rather than Section 302 of the IPC due to the absence of cruelty or undue advantage taken by the appellant. The court found that the altercation was sudden and lacked premeditation, thus qualifying for the exception under Section 300 Exception 4 of the IPC.

Considering the circumstances and legal principles, the court modified the appellant's conviction to Section 304 Part II and sentenced him to 10 years of imprisonment. The appeal is disposed of.

Facts:

The insured, Hindustan Safety Glass Works Ltd., filed claims with National Insurance for damages caused by heavy rain in August 1992.

National Insurance delayed settling the claim and eventually repudiated it in May 2001.

The insured filed complaints with the National Commission seeking compensation.

Issues:

Whether the complaints filed by the insured were barred by limitations under the insurance policies and the Consumer Protection Act, 1986.

Whether National Insurance's delay in settling the claims prejudiced the insured's rights.

Held:

The Court held that the insured had the right to file a claim when damages occurred, and National Insurance's delay in settling the claim couldn't prejudice the insured's rights. The Court emphasized the need for a pragmatic view to protect consumers' rights.

In both Civil Appeal No. 3883 of 2007 and Civil Appeal No. 1156 of 2008, the Court dismissed National Insurance's objections on limitations and upheld the National Commission's decisions in favor of the insured.

The Court concluded that there was no merit in National Insurance's arguments and upheld the National Commission's decisions, dismissing the appeals.

Facts:

The respondent, Nisar Ramzan Sayyed, was convicted by the Trial Court for causing the death of his pregnant wife by setting her on fire.

The High Court acquitted the respondent due to inconsistencies in the evidence presented by the prosecution.

The prosecution primarily relied on dying declarations of the deceased as evidence.

Issues:

Whether the dying declarations of the deceased were reliable and sufficient to prove the guilt of the respondent.

Whether the High Court erred in acquitting the respondent based on the evidence presented.

Held:

The Court found the dying declarations of the deceased consistent and reliable, pointing to the guilt of the respondent. It emphasized the principles governing dying declarations and their admissibility.

Despite the gravity of the offense, the Court decided against awarding the death penalty. It noted the recommendation of the Law Commission of India to abolish the death penalty for most crimes and opted for life imprisonment for the respondent.

The Court set aside the acquittal by the High Court and restored the conviction by the Trial Court. However, it modified the death sentence to life imprisonment considering the circumstances of the case and the recommendation of the Law Commission of India. The criminal appeals are allowed.

Facts:

The case involved a complaint against an advocate, wherein the issue arose regarding the transfer of disciplinary proceedings from the State Bar Council to the Bar Council of India (BCI) as per Section 36B(1) of the Advocates Act, 1961. The question was whether the BCI, upon receiving such transferred complaints, could remand them back to the State Bar Council for adjudication.

Issues:

Whether the BCI has the authority to remand transferred complaints back to the State Bar Council for adjudication.

The responsibilities of State Bar Councils in dealing with disciplinary proceedings against advocates within the stipulated time frame.

Held:

The Court held that Section 36B(1) of the Advocates Act, 1961 clearly indicates that once the original jurisdiction to deal with a complaint is transferred to the BCI, it cannot be remanded back to the State Bar Council. The legislative intention was to ensure expeditious resolution of disciplinary matters, and remanding complaints would defeat this purpose.

It was further held that the BCI exercises original jurisdiction under Section 36B(1) and cannot exercise appellate jurisdiction as it does under Section 37. Therefore, once a complaint is transferred to the BCI, it cannot be sent back to the State Bar Council.

Regarding the responsibilities of State Bar Councils, the Court emphasized that they are obligated to conclude disciplinary proceedings within the stipulated time frame. Failure to do so would result in the transfer of proceedings to the BCI. State Bar Councils were directed to periodically review the progress of disciplinary proceedings, identify causes of delay, and ensure expeditious resolution.

Facts:

Deepa E.V., the appellant, applied for the post of Laboratory Assistant Grade II in the Export Inspection Council of India under the Ministry of Commerce and Industry, Government of India.

Deepa E.V. belongs to the Dheevara community, classified as Other Backward Class (OBC), and received age relaxation as per rules.

Despite applying under the OBC category and attending the interview as an OBC candidate, Deepa E.V. was not selected for the position.

Deepa E.V. filed a Writ Petition before the High Court, seeking accommodation in the general category, which was dismissed by both the Single Judge and the Division Bench of the High Court.

Issues:

Whether Deepa E.V., who applied under the OBC category and received age relaxation, can claim the right to be appointed under the General Category.

The interpretation and application of Rule 9 of the Export Inspection Agency (Recruitment) Rules, 1980, and government proceedings dated July 1, 1998, regarding reservation and relaxation in age limits for recruitment.

Held:

The Court held that the appellant, who applied under the OBC category and received age relaxation, cannot claim the right to be appointed under the General Category.

Rule 9 of the Export Inspection Agency (Recruitment) Rules, 1980, along with the government proceedings dated July 1, 1998, expressly bar SC/ST/OBC candidates who availed relaxation from being considered for the general category.

The principles laid down in the case of Jitendra Kumar Singh v. State of Uttar Pradesh cannot be applied to the present case, as they were specific to the interpretation of the Uttar Pradesh Public Services Act and government orders related to it.

The appellant had not challenged the constitutional validity of the relevant proceedings and rules.

The appellant's plea for a declaration that the proceedings were not binding on her without challenging their constitutional validity was not sustainable.

Consequently, the appeal was dismissed, and there were no costs awarded.

Facts:

Devendra Nath Srivastava was convicted under Section 304 Part I IPC for the culpable homicide of his wife, Madhu Srivastava, on 12.05.2005.

The medical evidence confirmed that Madhu Srivastava died a homicidal death due to strangulation and ante mortem injuries.

Witnesses testified to seeing the appellant assault his wife, and forensic reports supported the prosecution's case.

The defense presented an alibi, claiming the appellant was in his native village at the time of the incident, but failed to substantiate it with evidence.

Issues:

Whether the appellant caused the death of his wife, as suggested by the prosecution?

Whether the offense constitutes culpable homicide under Section 304 Part I IPC or murder under Section 302 IPC?

Held:

The Supreme Court, after thorough examination of the evidence and legal arguments, upheld the conviction and sentence imposed by the High Court under Section 304 Part I IPC. The court found:

The incident was not premeditated but occurred after a quarrel between the appellant and the deceased, likely due to the appellant's intoxicated state and anger.

The medical evidence clearly established the homicidal death of Madhu Srivastava.

Witness testimonies, although some turned hostile, were found credible upon careful scrutiny.

The defense's alibi was not substantiated with concrete evidence.

The act of the appellant constituted culpable homicide under Section 304 Part I IPC rather than murder under Section 302 IPC.

Therefore, the appeals filed by the appellant were dismissed, and the judgment of the High Court was affirmed.