Facts:The incident occurred on 01-01-2005, where Lalit Mohan Rai was shot and killed in front of Hotel Shalimar, which he co-owned. The FIR was filed by Himanshu Mohan Rai, the brother of the deceased. The prosecution's case relied heavily on eyewitness testimony, particularly that of Himanshu Mohan Rai (P.W. 1) and Chandra Shekhar Rai (P.W. 2), who both identified Imran Afreen as the assailant.

Issues:

The reliability of the prosecution witnesses, inconsistencies in the FIR, discrepancies in the investigation, and the inconclusive ballistic report.

Held:

The Supreme Court found the testimony of P.W. 1 and P.W. 2 to be credible and reliable, corroborating each other's accounts of the incident. The Court also addressed the issue of the ballistic report, stating that the absence of a conclusive link between the recovered weapon and the shots fired did not undermine the eyewitness testimony.

Ultimately, the Supreme Court held that the facts and circumstances of the case warranted interference with the acquittal of Imran Afreen. Consequently, it allowed the appeals filed by Himanshu Mohan Rai and the State of Uttar Pradesh, setting aside the High Court's judgment and convicting Imran Afreen under Section 302 IPC, sentencing him to life imprisonment.

The Court directed Imran Afreen to surrender within two weeks to serve the remaining sentence.

Facts:

Mohan Kumar (appellant) filed a civil suit against the State of Madhya Pradesh and others regarding the ownership of a piece of land.

The Trial Court partly decreed the suit in favor of the appellant, holding him as the owner of the disputed land.

The High Court dismissed the appellant's appeal and the suit entirely, disagreeing with the Trial Court's findings on ownership.

Issues:

Whether the High Court erred in dismissing the appellant's appeal without giving him an opportunity to prove his title with proper evidence.

Whether the Trial Court's decree in favor of the appellant was legally sustainable.

Held:

The Supreme Court held that the appellant should have been given an opportunity to prove his title by adducing proper evidence, rather than outrightly dismissing the suit. The Court allowed the appeal, set aside the impugned orders, and remanded the case back to the Trial Court for fresh adjudication on merits.

The Court emphasized the duty of the court to assist parties in arriving at a settlement, particularly in cases involving the government or public officers. The Trial Court was directed to make every endeavor to assist the parties in settling the dispute before proceeding to decide the suit on merits.

The parties were instructed to appear before the Trial Court on a specified date, with the Court directed to conclude the proceedings preferably within six months from that date.

Facts:

The deceased, an employee of Gujarat Electricity Board, died in a road accident involving a vehicle insured by National Insurance Co. Ltd.

The wife of the deceased was subsequently given employment by the employer on compassionate grounds, receiving a regular salary.

The appellant, National Insurance Co. Ltd., contested the compensation awarded by the Motor Accident Claims Tribunal, arguing that the amount received by the claimants from compassionate appointments should be deducted from the compensation amount.

Issues:

Whether the income received by the claimants from compassionate appointments should be deducted from the compensation awarded under the Motor Vehicles Act, 1988.

Held:

The Court rejected the argument put forth by the appellant and held that the income from compassionate employment should not be deducted from the compensation awarded under the Act. The Court reasoned that the compensation is meant to address the loss of income suffered due to the accident, and compassionate appointments offered by a separate entity do not offset this loss in the same way as financial schemes directly compensating for the loss of income.

The Court cited previous judgments to support its stance, highlighting the distinction between financial assistance directly compensating for the loss of income and compassionate appointments providing ongoing employment opportunities.

Ultimately, the Court ruled in favor of the respondents, affirming the judgments of the lower courts and dismissing the appeals brought by National Insurance Co. Ltd.

Facts:

The case pertained to the challenge of an administrative circular issued by the Securities and Exchange Board of India (SEBI) under Section 11(1) of the Securities and Exchange Board of India Act, 1992.

Issues:

Whether appeals against administrative circulars issued by SEBI under Section 11(1) could be entertained by the Securities Appellate Tribunal under Section 15T of the Act.

Held:

The court noted that the Securities Appellate Tribunal is composed of members of the higher judiciary, indicating its role in hearing appeals against quasi-judicial orders.

Appeals can be filed against orders made by the Board or adjudicating officers under the Act, indicating the quasi-judicial nature of these orders.

The requirement to file appeals within a specified period from the date of receiving the order indicates that the orders subject to appeal are typically quasi-judicial in nature.

Orders made by the Appellate Tribunal are required to be sent to the Board, parties to the appeal, and the concerned adjudicating officer, further emphasizing the quasi-judicial nature of the proceedings.

The judgment emphasized the need to distinguish between quasi-judicial and administrative orders based on first principles.

It was clarified that while quasi-judicial orders made under specified sections of the Act and regulations are subject to appeal before the Securities Appellate Tribunal, administrative orders such as circulars issued under Section 11(1) fall outside the Tribunal's appellate jurisdiction.

Decision: The appeal by National Securities Depository Ltd. was dismissed, while the appeal by SEBI was allowed.

Facts:

The respondent filed a suit for permanent injunction claiming ownership of a site (Site No.4307) allotted by VHBC Society. The respondent asserted that she acquired the property through a series of transactions and possessory acts, including possession certificates and allotment letters.

The appellants, however, contested the claim, asserting their ownership of the same property (Site No.690) through a different chain of transactions also involving the VHBC Society.

Issues:

The conflicting claims to the same property, both purportedly derived from dealings with the VHBC Society.

The trial court decreed in favor of the respondent in an ex-parte hearing, prompting the appellants to appeal.

The High Court dismissed the appeal, directing the appellants to initiate fresh proceedings.

Held:

The Supreme Court held that the High Court erred in dismissing the appeal and directing the appellants to file a fresh suit. Instead, it was deemed appropriate to remit the matter back to the trial court for proper adjudication.

The Court emphasized that both parties claimed ownership based on transactions with the VHBC Society, necessitating a thorough examination. It directed the trial court to allow both parties to present their evidence, potentially appointing a commissioner to assess the disputed properties' physical features and location.

Additionally, the trial court was empowered to summon relevant documents and officials from the VHBC Society to assist in resolving the dispute.

The appeal was allowed, setting aside the judgments of both the High Court and the trial court, and remitting the matter back to the trial court for fresh consideration, ensuring both parties were given adequate opportunity to present their cases.

Facts:

A. Singamuthu was appointed as a part-time Masalchi in the Registration Department of Tamil Nadu on 01.04.1989. He completed ten years of service on 31.03.1999. The State Government issued G.O. Ms. No.22 on 28.02.2006, directing the regularization of daily wage employees with ten years of service as on 01.01.2006. Subsequently, G.O. Ms. No.74 clarified that this regularization applied only to full-time daily wage employees. Singamuthu approached the High Court seeking regularization from the date of completion of ten years of service, which was granted by the Single Judge but appealed against by the Department.

Issues:

Whether the regularization scheme applied to part-time employees like Singamuthu.

Whether Singamuthu was entitled to regularization and back wages from the date of completion of ten years of service.

Held:

The Supreme Court held that the regularization scheme applied only to full-time daily wage employees and not to part-time employees like Singamuthu.

The Court emphasized that part-time employees cannot seek regularization or parity in salary with regular employees. Therefore, Singamuthu was entitled to monetary benefits only from the date of issuance of the government order regularizing his service, i.e., 18.06.2012.

The impugned order directing regularization from the date of completion of ten years of service was erroneous and set aside. The appeal was allowed, and Singamuthu's claim for back wages from the date of completion of ten years of service was rejected.

Facts:

The appellant, a tenant since 1965, was paying rent at a rate of Rs. 700 per month.

An agreement in 1988 stipulated a new rent of Rs. 2400 per month upon completion of construction.

The tenant continued to pay rent at the old rate even after the completion of construction.

The landlord filed a suit for eviction and arrears of rent.

Issues:

Whether the tenant defaulted on paying the lawful rent specified in the agreement?

What are the legal consequences of the tenant depositing rent in court?

Held:

The court interpreted Section 5(1)(e) and Section 5(4) of the Assam Urban Areas Rent Control Act, 1972, which deals with the consequences of non-payment of rent and depositing rent in court. The court found that the tenant had defaulted on paying the lawful rent specified in the agreement. Despite depositing rent in court, it was not the lawful rent, and the tenant remained in default.

The court upheld the decisions of the lower courts, affirming the eviction of the tenant and the recovery of arrears of rent.

In view of the foregoing discussion, we are of the considered opinion that Appellate Court has rightly considered the entire evidence on record and answered the issues framed by trial court correctly. The findings of the Appellate Court that defendant is defaulter affirmed by the High Court are findings of the facts based on appreciation of entire evidence. We do not find any error in the judgment and order of the Appellate Court directing eviction and arrears of rent. The High Court did not commit any error in dismissing the revision.

Facts:

The appellant (defendant) entered into an agreement for sale with the respondent (plaintiff) regarding a property.

The respondent alleged that the appellant breached the agreement by refusing to sell the property as agreed upon.

The trial court decreed the respondent's suit, which was confirmed by the High Court on appeal.

Issues:

Whether the suit for specific performance was maintainable.

Whether the respondent was ready and willing to perform her part of the agreement.

Whether the respondent came to court with clean hands.

Whether the respondent breached the agreement by insisting on additional terms.

Held:

The Supreme Court rejected all of the appellant's arguments:

The objection regarding the maintainability of the suit was not raised in the written statement or in the appeal before the High Court, and therefore, could not be considered at this stage (Para 35-38).

The respondent had pleaded the necessary requirements for specific performance in the plaint and had proven readiness and willingness to perform her part of the agreement (Para 43).

There was no evidence to suggest that the respondent did not come to court with clean hands, and the appellant's refusal to execute the sale deed constituted a breach of the agreement (Para 46-47).

The respondent had not claimed any relief beyond the scope of the agreement, and her insistence on specific performance related only to the subject matter of the agreement (Para 48).

The Supreme Court affirmed the judgments of the trial court and the High Court, dismissing the appeal and directing the appellant to pay costs to the respondent (Para 50).

Facts:

The case involved the dismissal of a Regular Second Appeal by the High Court, followed by the filing of a review petition under Order 47, Rule 1 of the Civil Procedure Code (CPC). However, this review petition was barred by limitation and eventually not entertained on merits.

Issues:

The delay in disposing of the review application, which had been pending for almost four years.

Held:

The Court emphasized the importance of timely disposal of review applications and cautioned against using review petitions as a delay tactic. It directed the High Courts to ensure expeditious disposal of review applications and urged litigants and their counsel to file review petitions without defects and to promptly cure any defects that arise. The Court also emphasized the duty of High Court registries to alert judges about pending review petitions and to issue pre-emptory orders for defect removal.

The court concluded by dismissing the special leave petition both on grounds of delay and lack of merit. Additionally, the Court ordered that a copy of the order be sent to the Registrar General of each High Court for necessary action.