Legal Proceedings and Property Dispute – The appeal by M/s. Swati Ferro Alloys Pvt. Ltd. challenges the High Court's decision dismissing their writ petition for the transfer of a leasehold plot from IDCO under Article 226 due to the presence of factual disputes – Supreme Court upholds High Court's decision, stating that factual disputes over property ownership and transactions cannot be settled under Article 226 and must be addressed in a civil court – Factual complexities involve multiple transfers and mortgage arrangements between entities, including changes in partnership and corporate structures - IDCO initially leased the property to M/s. Prachi Vanijya, which was then transferred to M/s. Eastern Fans with subsequent involvement of Swati Ferro Alloys, leading to various financial arrangements and disputes over the transfer and use of the property – Supreme Court suggests IDCO should investigate proper use of the property and the legitimacy of ongoing business activities thereon [Paras 1-19].

Decision: Dismissal of appeal - Supreme Court directs IDCO to conduct a detailed inquiry into the property's use and the series of transactions and corporate changes to determine proper utilization and ownership, reflecting concerns over potential misuse of assets for securing loans rather than legitimate business use.

Referred Cases:

None

Criminal Law - Conviction and Sentencing - Appellants convicted by trial court for offences under IPC Sections 302/149, 307/149, 147, and 148, and some under Section 27 of the Arms Act - Appeals dismissed by High Court - Appeals to Supreme Court result in confirmation of convictions for most appellants, with acquittals based on insufficient corroboration for five appellants - In-depth review of witness statements, FIR reports, and other evidence by Supreme Court - Convictions largely upheld due to consistency and credibility of eyewitness accounts, despite lack of independent witness testimony and minor inconsistencies regarding the participation of individual accused.

Identification of Accused - Issues raised about identification were dismissed, as all accused were named in FIR and known to witnesses as co-villagers - No challenge to identification at investigation or trial stages, substantiating their presence at crime scene - [Paras 6, 19].

Role of Unlawful Assembly and Common Object - Application of Section 149 IPC affirmed - Court finds that assembly of accused had the common object to commit murder and violence as evidenced by their collective actions at the scene - Detailed legal analysis on the role of each accused within the framework of an unlawful assembly [Paras 14-20].

Decision: Appeals of five appellants allowed on grounds of benefit of doubt due to lack of corroborative evidence for their specific roles in the unlawful assembly - Remaining appeals dismissed, affirming convictions and sentences - Convicted appellants to continue serving life sentences as prescribed, with immediate cancellation of bail bonds and orders for custody if on bail. [Paras 22-23]

Referred Cases:

Busi Koteswara Rao and Others Vs. State of A.P., AIR 2013 SC 515

Siri Kishan and Others Vs. The State of Haryana, (2009) 12 SCC 757

Kuldip Yadav and Others Vs. State of Bihar, AIR 2011 SC 1737

Khairuddin and Others Vs. State of West Bengal, AIR 2013 SC 2354

Masalti Vs. State of U.P., AIR 1965 SC 202

Roy Fernandes Vs. State of Goa and Others, AIR 2012 SC 1030

Lakshmi Singh and Others Vs. State of Bihar, AIR 1976 SC 2263

Property Law and Evidence – Dispute over execution of Gift Deed – Appellant claims property ownership through a registered Gift Deed allegedly signed by the respondent – Gift Deed contested by the respondent alleging misrepresentation – Lower courts, including the High Court, supported the respondent, finding the Gift Deed not proven under Sections 68 and 69 of the Evidence Act. [Paras 2-4]

Legal Interpretation of Section 90, Evidence Act – Appellant's reliance on the presumption of due execution under Section 90 for a document older than thirty years – Supreme Court clarifies the calculation of the thirty-year period from the date of tendering in evidence, not from the date of registration – Gift Deed tendered five months short of thirty years, hence Section 90 presumption not applicable – Document's age crucial for presumption, which is discretionary and not automatic. [Paras 6, 9-11]

Attestation and Registration Requirements – Scrutiny of Sections 17 of the Registration Act and 123 of the Transfer of Property Act – Importance of attesting witnesses in proving the execution of the Gift Deed underscored – Registration does not substitute the need for proof of execution by at least one attesting witness if the execution is contested. [Paras 7, 8]

Final Decision – Supreme Court upholds lower courts' decisions dismissing the appeal – Gift Deed not proven as per legal requirements, and presumption under Section 90 not invoked due to document not reaching thirty-year threshold at the time of evidence presentation. Appeal dismissed. [Paras 12, 13]

Referred Cases:

Surendra Krishna Roy and Another vs. Mirza Mahammad Syed Ali AIR 1936 15 (Privy Council)

Employee Misconduct and Disciplinary Action – Appellant, a cashier at Life Insurance Corporation of India, failed to deposit a premium collected, leading to charges of temporary embezzlement and forgery for altering ledger entries – Initially removed from service, High Court modified the punishment to compulsory retirement considering the misconduct, despite the relatively small amount involved - High Court’s decision upheld, emphasizing loss of employer’s confidence rather than the amount misappropriated as the primary factor for the dismissal [Paras 3-12].

Quantum of Punishment – Discussion on proportionality of compulsory retirement for embezzlement of Rs. 533 - Supreme Court upholds High Court’s decision citing Rule 23 of the LIC Pension Rules, which entails forfeiture of pensionary benefits for such misconduct - Judicial precedence stresses strict action to maintain trust in public service roles [Paras 5-12].

Final Decision: Appeal dismissed with no order as to costs – High Court’s judgment in substituting removal with compulsory retirement affirmed, emphasizing stringent measures against misconduct involving financial integrity in public institutions.

Referred Cases:

Divisional Controller, KSRTC (NWKRTC) vs. A.T. Mane, (2005) 3 SCC 254

Municipal Committee, Bahadurgarh vs. Krishan Behari and others, (1996) 2 SCC 714

Rajasthan State TPT Corpn. and Another vs. Bajrang Lal, (2014) 4 SCC 693

Niranjan Hemchandra Sashittal and Another vs. State of Maharashtra, (2013) 4 SCC 642

Divisional Controller, N.E.K.R.T.C. vs. H. Amaresh, AIR 2006 SC 2730

Jurisdiction and Public Duty - Examination of whether ICID falls under Article 12 as 'State' or performs functions making it amenable to writ jurisdiction under Article 226 - High Court concluded ICID does not meet criteria of 'State' under Article 12 nor performs public duty, leading to dismissal of the writ petition for lack of jurisdiction - Supreme Court upholds, noting no substantial governmental control or mandatory public duty performed by ICID [Paras 1-48].

Functions of ICID - Discussion on the nature of ICID's activities - Considered voluntary, scientific, and technical contributions to global irrigation and drainage practices, lacking the characteristics of state-mandated public duties - Supreme Court agrees with lower court's findings, supporting the non-application of Articles 12 and 226 to ICID [Paras 33-35].

Police Department Seniority – Steno Sub-Inspectors transferred to general line as Sub-Inspectors – Appellants challenged the determination of their seniority from the date of reversion rather than from initial appointment – Held: Seniority to be counted from the date of reversion, not from initial stenographer appointment – Steno Sub-Inspectors constitute a separate cadre distinct from the general line of police force – Participation in selection process by Central Selection Board deemed voluntary request for reversion, negating automatic seniority carryover [Paras 1-27].

Cadre Distinction – Held that the roles of Steno Sub-Inspectors and Sub-Inspectors are distinct, forming separate cadres within the police force – Different duties and responsibilities between stenographic roles and general police duties prevent automatic transfer of seniority [Paras 8-13].

Legal Precedents and Rules – Analyzed various precedents and rules regarding seniority and cadre transfer – No statutory rule or policy allowing for seniority from initial appointment date for those reverted from Steno Sub-Inspector to Sub-Inspector [Paras 14-27].

Decision: The appeals were dismissed, affirming the High Court's decision on seniority determination based on the date of reversion rather than the date of initial appointment. The court emphasized the separate and distinct roles and cadres within the police force, which preclude the automatic carryover of seniority from the stenographer cadre to the general police line.

Administrative Law – Modification of transport schemes – Examination of state government's authority under Sections 102 of the Motor Vehicles Act, 1988, to modify transport schemes without detailed reasons, leading to legal challenges by affected parties - High Court quashed modifications for lack of detailed reasoning in governmental decisions - Supreme Court emphasizes necessity for reasoned decisions in modifications to fulfill requirements of natural justice and effective judicial review. [Paras 2-41]

Judicial Review – Necessity for detailed reasoning – Held, modification of schemes must include clear reasons that address both factual and legal objections raised during consultation periods - Absence of such reasoning leads to decisions being perceived as arbitrary and contrary to the principles of natural justice - State directed to re-evaluate modifications with comprehensive reasons. [Paras 28, 41]

Public Interest – Role in administrative decisions – Held, modifications should explicitly reflect considerations of public interest and how such decisions serve the community, particularly in managing public transportation - Necessity for public interest to be clearly established in modifications of transport schemes under Section 102. [Paras 17, 18, 41]

Decision: The appeals are dismissed - The Supreme Court holds that the State must re-assess and decide on the transport scheme modifications with adequate reasoning and after considering all objections properly - Directed to complete this process within 3 months as per the rule of law and principles of natural justice.

Constitutional Law – Recovery of excess payments – In cases where government employees received overpayments due to administrative errors, the Supreme Court considers the conditions under which recovery should be deemed permissible or impermissible - The core determination focuses on the impact of such recovery on employees, and whether it outweighs the employer's right to recover, considering factors like duration of overpayment and the status of employees (e.g., nearing retirement). [Paras 2-14]

Equitable Consideration in Recovery – The Court held recovery should not be made when: (i) It would cause undue hardship to employees, particularly lower-grade or those nearing retirement. (ii) The overpayments have been received for a period extending beyond five years. (iii) Employees are not at fault for the overpayments due to administrative errors. (iv) Recovery actions are deemed iniquitous, harsh, arbitrary, or disproportionately disadvantageous compared to the employer's recovery right. [Paras 6, 12-13]

Application of Article 142 – Utilization of the Supreme Court's extraordinary powers to prevent injustice, ensuring that recovery orders are equitable and do not violate constitutional protections against arbitrary actions under Article 14. [Paras 7, 11]

Decision:

The Supreme Court upheld the High Court of Punjab and Haryana's decision to quash the recovery orders, aligning with the principles that prevent iniquitous and arbitrary recoveries, thus providing relief to employees who received excess payments due to non-fraudulent administrative errors.

Judicial Discipline and Forum-Shopping – High Court set aside the anticipatory bail granted by an Additional Sessions Judge where subsequent application was entertained by a different Judge without significant change in circumstances or facts, conflicting with the principle of judicial consistency and discipline - Emphasizes adherence to the convention of placing successive bail applications before the same judge to avoid forum-shopping and ensure consistency in judicial orders - [Para 9-14].

Appellate Intervention Upheld – Supreme Court concurs with the High Court's reasoning on the improper grant of anticipatory bail by a different judge; however, on account of the nature of the offenses charged (related to property transaction under Section 420/34 IPC), it chooses not to set aside the bail but upholds it with strict conditions imposed on the appellants to adhere to the terms of bail - [Para 16-17].