Criminal Law – Conviction for Murder – Section 302 IPC – Altered to Section 304 Part I IPC – Appellant convicted of murder for assaulting the deceased with a bamboo stick – Supreme Court found no evidence of premeditation or motive to commit murder – Assault occurred in a sudden quarrel during a heated moment – Conviction altered to culpable homicide not amounting to murder under Part I of Section 304 IPC [Paras 12-19].

Sudden Provocation and Lack of Premeditation – Evidence revealed no prior intent or preparation by the appellant to commit the act – Weapon used was a bamboo stick, commonly available in villages, and not carried with intent – Altercation arose from a heated argument, indicating sudden provocation – Conviction under Section 302 IPC not sustainable [Paras 16-18].

Benefit of Doubt – Nature of injuries and circumstances of the assault indicated absence of cruelty or undue advantage – Appellant entitled to benefit of doubt, leading to reduction in conviction [Paras 17-19].

Sentence Already Undergone – Appellant had served more than 9 years of actual imprisonment and over 12 years with remission – Sentence modified to period already undergone, considering justice served [Para 21(iii)].

Decision – Appeal partly allowed – Conviction under Section 302 IPC altered to Section 304 Part I IPC – Sentence reduced to period already undergone – Bail bonds discharged [Paras 20-21].

Civil Law - Adverse Possession by State – Legal Prohibition – Claim Denied – The State of Haryana claimed adverse possession over the suit property since 1879-80 – Held: A welfare state cannot claim adverse possession against its citizens as it violates constitutional principles and erodes public trust – Appeal dismissed [Paras 34-37].

Admission of Ownership through Adverse Possession Plea – Legal Consequences – Ownership Affirmed – By claiming adverse possession, the appellants impliedly admitted the plaintiffs' title under Order VIII Rule 5 CPC – The court affirmed the plaintiffs' ownership based on revenue records and sale deeds, rejecting the appellants' challenge to title [Paras 26-31].

Revenue Records and Title Proof – Evidentiary Weight – Ownership Upheld – Plaintiffs relied on continuous jamabandi entries, sale deeds, and mutation records as proof of title – Court emphasized that while revenue records do not confer title, they corroborate ownership when supported by additional evidence [Paras 28-30].

Permissive Possession – Hostility and Adverse Possession – Conditions Not Met – The appellants' possession was permissive as evidenced by Misal Hakiyat of 1879-80 – Acts such as placing bitumen drums and constructing boundary walls were insufficient to establish hostile possession necessary for adverse possession [Paras 32-34].

Appellate Jurisdiction – Reappreciation of Evidence in High Court – Substantial Questions of Law – High Court framed substantial legal questions, including whether the State could claim adverse possession – Found the First Appellate Court’s judgment perverse for ignoring material evidence and legal principles – Supreme Court upheld High Court’s jurisdiction under Section 100 CPC [Paras 35-38].

Decision: The appeal was dismissed, upholding the High Court's judgment restoring the Trial Court's decree in favor of the plaintiffs. The State's plea of adverse possession was declared untenable, affirming citizens’ rights to property and the State’s accountability.

Service Law - Disciplinary Proceedings Post-Superannuation – Jurisdictional Limitations – Proceedings Declared Void – Disciplinary proceedings initiated against the respondent after the expiration of his extended service period on 01.10.2010 were held void-ab-initio – Court emphasized that initiation of proceedings post-superannuation lacks jurisdiction under Rule 19(3) of the Service Rules, which permits only the continuation of pre-existing proceedings [Paras 20-23, 26-29].

Superannuation – Three Contingencies for Retirement – Applicability Explained – Court clarified that under Rule 19(1) of the Service Rules, retirement occurs upon fulfilling any one of three contingencies: attaining age, completion of 30 years of service, or 30 years of pensionable service – Respondent’s extended service ended on 01.10.2010, severing the master-servant relationship [Paras 15-18, 21-22].

Legal Fiction of Continuance – Limited to Pending Proceedings – Application Restricted – Rule 19(3) creates a legal fiction to treat an officer as in service solely for concluding pre-existing disciplinary proceedings – Court held this rule inapplicable to proceedings initiated post-retirement, reiterating precedents in Union of India vs. K.V. Jankiraman and UCO Bank vs. Rajinder Lal Capoor [Paras 22-26, 30].

Standard of Discipline in Banking – Procedural Flaws Impact Validity – Disciplinary Action Quashed – Court noted procedural deficiencies, including post-retirement initiation of charges, which rendered the penalty of dismissal invalid – Directed appellants to release service dues of the respondent [Paras 27-30, 34].

Decision – Appeal Dismissed – Directions for Settlement of Dues – Supreme Court upheld the High Court’s decision quashing the dismissal order – Appellants directed to release all dues expeditiously within six weeks [Para 35].

Prolonged Detention – Section 479 of BNSS, 2023 – Identification of Eligible Undertrial Prisoners – Guidelines Issued - Section 479 of BNSS provides for the release of undertrial prisoners based on the duration of detention relative to the maximum imprisonment for the offense – Court emphasized accurate and continuous identification of eligible prisoners, requiring active coordination by Undertrial Review Committees (UTRCs) with Jail Superintendents and Legal Services Authorities – Specific directions were issued for streamlining the identification and release process [Paras 1-8, 12-16].

Special Consideration for First-Time Offenders and Women Prisoners – Beneficial Provisions of Section 479 - Provisions for release on bond for first-time offenders and attention to female prisoners were highlighted – Jail Superintendents instructed to prioritize eligible women prisoners – Directed strict adherence to legislative intent to ensure justice for underprivileged detainees [Paras 22-24].

Non-Compliance by States/UTs – Delay in Filing Reports – Admonition by Court - States and UTs failing to comply with prior court orders for submitting reports on eligible undertrials were admonished – Deadline set for filing comprehensive responses, warning against laxity in implementing beneficial provisions [Paras 26-28].

Data Reporting – Uniform Format Prescribed – Elimination of Ambiguity - To enhance clarity in reporting, the Court mandated a uniform format for submitting data on eligible undertrials – Urged for proactive updating and accurate record maintenance to avoid depriving deserving detainees of liberty [Para 18].

Decision: Matter adjourned to 10/12/2024. States and UTs directed to comply with orders and file comprehensive reports within two weeks [Paras 28-30].

Matrimonial Law - Interim Maintenance – Quantum and Standard of Living – Maintenance Restored – The wife sought interim maintenance of ₹2,50,000 per month, initially awarded ₹1,75,000 by the Family Court but reduced to ₹80,000 by the High Court – Supreme Court restored the Family Court's award, emphasizing the husband's substantial income and the wife's entitlement to maintain her standard of living during litigation [Paras 14-19].

Assessment of Income – Omission of Key Factors – Reassessment Ordered – High Court limited its evaluation to two sources of the husband’s income, omitting evidence of additional properties and inherited wealth noted by the Family Court – Court directed a holistic consideration of income evidence for determining maintenance [Paras 15-16].

Sacrifice of Employment – Consideration for Maintenance – Entitlement Upheld – Court recognized the wife’s sacrifice of her professional career due to marital obligations as a relevant factor – Maintenance aligned with her matrimonial lifestyle upheld [Paras 17-18].

Judicial Review – Failure to Address Critical Findings – Family Court Restored – High Court overlooked findings on additional properties and income streams of the husband – Supreme Court held that such omissions led to an erroneous reduction of maintenance, justifying restoration of Family Court's judgment [Paras 16-19].

Decision – Maintenance Enhanced – Appeals Disposed of – Appeal of the wife allowed, restoring ₹1,75,000 per month as interim maintenance; appeal of the husband dismissed [Para 20].

Service Law – Disciplinary Proceedings – Violation of Rule 7(3) – Inquiry Invalidated – Relief Granted - Appellant faced disciplinary proceedings resulting in major penalties, including censure entry and withholding of increments with cumulative effect. Tribunal quashed the penalty order, finding the inquiry officer failed to record oral evidence, violating Rule 7(3) of the Uttar Pradesh Government Servants (Discipline and Appeal) Rules, 1999. High Court reversed this decision. Supreme Court held that absence of oral evidence renders the inquiry report invalid. Held: Inquiry proceedings quashed; penalties set aside; appellant entitled to consequential benefits [Paras 10–16].

Natural Justice – Evidence in Disciplinary Proceedings – Mandatory Recording of Oral Evidence - The Court reaffirmed that oral evidence is indispensable in disciplinary inquiries proposing major penalties. Inquiry officer’s failure to call witnesses and provide cross-examination opportunities contravened principles of natural justice. Reference made to Roop Singh Negi v. Punjab National Bank and Nirmala J. Jhala v. State of Gujarat [Paras 12–15].

Tribunal’s Findings Restored – Procedural Defects in Inquiry – Penalty Unsustainable - Supreme Court noted that the Tribunal correctly quashed the penalty as the inquiry findings were irrational and unsupported by evidence. High Court erred in interfering with the Tribunal’s decision without addressing these procedural deficiencies. Order of the Tribunal restored, granting all consequential benefits [Paras 9–13, 16–18].

Decision: Appeals allowed – High Court judgment quashed – Tribunal’s decision restored – Appellant entitled to all consequential benefits within two months, with interest at 6% per annum for delays – No order as to costs [Paras 16–19].
 

Constitution of SIT – High Court Order Modified – Investigation Entrusted to SIT of IPS Officers from Tamil Nadu Cadre - High Court directed the CBI to investigate FIR No. 33/2024 registered at All Women Police Station, Anna Nagar, Chennai – Supreme Court modified the order, constituting a SIT of three IPS officers belonging to Tamil Nadu cadre but hailing from other states – Directed the SIT to conduct an objective and impartial investigation, submitting weekly reports to a Bench assigned by the Chief Justice of Madras High Court [Paras 2-5].

Administrative Directions – Relieving SIT Members from Additional Responsibilities – State Cooperation Mandated - Tamil Nadu government and its DGP instructed to ensure SIT members are relieved of other significant responsibilities to allow uninterrupted investigation – SIT tasked with receiving the case records promptly [Para 6].

Compensation – Interim Litigation and Miscellaneous Expenses Granted - Respondent (victim’s mother) awarded ₹50,000 for litigation expenses and ₹25,000 for miscellaneous expenses – Directed payment within one week, with compliance to be reported to the High Court [Para 7].

Decision: Appeals allowed in part. High Court’s order for CBI investigation modified to entrust the case to a SIT. Directions issued for compliance by the State of Tamil Nadu and the SIT. Pending applications disposed of [Paras 6-8].

Service Law – Proficiency Step-up Scheme – Differential Treatment – Relief Granted – Appellants sought benefits under the Proficiency Step-up Scheme, 1988, counting service in the work-charged establishment before regularisation – High Court upheld denial of benefits by the Single Judge, equating the Proficiency Step-up Scheme, 1988, with the Assured Career Progression Scheme (ACPS), 1998 – Supreme Court observed that the Proficiency Step-up Scheme was distinct, with a clear mandate in the regularisation policy to count work-charge service for pensionary and other benefits – Differential treatment of appellants was held unjustified, as other similarly situated employees had been granted benefits – Held: Appellants entitled to inclusion of work-charge service for Proficiency Step-up(s) under the 1988 Scheme – Monetary benefits directed to be paid within six months [Paras 8–14].

Constitutional Law – Article 14 – Hostile Discrimination – Appellants alleged violation of Article 14 of the Constitution due to denial of benefits granted to similarly situated employees – Court agreed, holding that differential treatment lacked justification, particularly when appellants were part of the same establishment and similarly situated – Circulars and earlier decisions by courts and tribunals supported inclusion of work-charge service for the 1988 Scheme – Denial of benefits violated principles of equality [Paras 2, 11, 13].

Policy Interpretation – Regularisation and Service Counting – Policy Circular dated 13th March 1996 explicitly mandated that work-charge service would qualify for pensionary and other consequential benefits – Tribunal decisions and subsequent court orders consistently affirmed this interpretation – Supreme Court emphasized that the High Court erred in equating distinct schemes (Proficiency Step-up, 1988, and ACPS, 1998) to deny benefits – Directed implementation of the Proficiency Step-up Scheme for appellants [Paras 9–12].

Decision: Appeals allowed – Impugned judgments set aside – Appellants entitled to benefits under the Proficiency Step-up Scheme, 1988 – Monetary benefits to be disbursed within six months – No order as to costs [Paras 14–15].
 

Property Law – Nature of Deed – Distinction between "Gift" and "Settlement" – Property Share Upheld – The deed executed in 1963 by two coparceners in favor of Govindammal was challenged as a gift deed lacking adequate consideration, contending it did not confer the claimed rights over 2/3rd of the property – Held: The deed constituted a valid settlement under family arrangements as consideration included care and support provided by Govindammal – High Court's judgment reversing concurrent findings of the lower courts was unjustified – Original decree restored [Paras 13-16].

Scope of Second Appeal – Section 100 of CPC – Limitations on Reversal of Concurrent Findings – The High Court erred in overturning findings of fact by the Trial and First Appellate Courts which had determined the validity of the deed and entitlement to property shares – Held: The jurisdiction under Section 100 CPC requires identification of a substantial question of law which was absent in this case [Paras 16-16.4].

Family Arrangements – Interpretation of "Consideration" in Settlement Deeds – Validity Affirmed – Consideration need not be monetary under family arrangements – Acts of service, care, and future obligations can constitute valid consideration for property transfer within families – High Court’s restrictive interpretation of "consideration" rejected [Paras 15-15.5].

Decision: The appeal was allowed, the impugned judgment of the High Court was set aside, and the findings of the Trial and First Appellate Courts awarding a 2/3rd share to Govindammal's heirs were restored.