Criminal Law - Quashing of Charges - Criminal Appeal against High Court's refusal to quash charges under Sections 406/120B IPC - Complaint for non-payment of Rs. 34,505 to the contractor (Respondent No. 2) for construction work at K.S.S. College - Allegation of dishonest misappropriation by appellants in their capacity as university officials - Appellants argued compliance with Vice-Chancellor's directions and absence of dishonest intention - Supreme Court evaluated whether the allegations in the complaint disclosed the essential ingredients of criminal breach of trust or cheating - Held: No prima facie case of dishonest misappropriation or cheating established as required under Sections 405/420 IPC - Allegations were found to be more suited to civil remedies - Criminal proceedings deemed an abuse of process - High Court order set aside - Charges under Sections 406/120B IPC quashed - Civil suits permitted to continue. [Paras 1-20]

Facts: Appellant, an army personnel, enrolled on 30th July 2004 - stationed at Razdan in Baramulla Sector, J&K - on 28th June 2006, shot and killed Subedar Randhir Singh with his service rifle while on guard duty - an FIR was lodged and the case transferred to the Army Authorities for trial - Summary General Court Martial found appellant guilty under Section 69 of the Army Act and Section 302 of the Ranbir Penal Code, sentencing him to life imprisonment and dismissal from service - appeals to Armed Forces Tribunal and Delhi High Court were dismissed - appellant contended that the act was committed under grave and sudden provocation, citing Exception 1 to Section 300 IPC.

Issues: Whether the incident qualified as grave and sudden provocation under Exception 1 to Section 300 IPC, considering the time elapsed between the provocation and the act - assessment of the appellant's state of mind and actions post the incident to determine if self-control was lost due to provocation.

Court Assessment: Exception 1 to Section 300 IPC requires the provocation to be grave and sudden - provocation must lead to a loss of self-control and the act must be committed during this loss - the court evaluated the appellant's narrative of being physically assaulted and humiliated by the deceased - the court noted a significant time lapse of nearly seven hours between the provocation and the act of shooting - appellant continued regular duties post the incident, indicating regained self-control - premeditation inferred from appellant's statement of planning to beat the deceased - court referenced K.M. Nanavati vs. State of Maharashtra for understanding the cooling-off period and provocation.

Held: The court concluded that the provocation had sufficiently cooled off by the time of the act - the appellant's actions were not a direct result of immediate provocation but premeditated - the criteria for Exception 1 to Section 300 IPC were not met - conviction and life sentence upheld - appeal dismissed.

Specific Performance – Suit for specific performance of a sale agreement concerning an undivided share in a property – Defendant No. 1, owner of the property, executed a registered power of attorney to his elder brother, Defendant No. 2 – Agreement to sell executed by Defendant No. 2 – Plaintiff paid full consideration, was always ready and willing to perform their part – Defendants failed to execute the sale deed and repudiated the agreement – Trial court decreed the suit – High Court reversed the decision – Supreme Court reinstated trial court's decree with conditions.

Facts – Respondent (Defendant No. 1) owned a 1/3rd share in property and authorized his brother (Defendant No. 2) via registered power of attorney to manage and sell the property – Agreement to sell the share executed by Defendant No. 2 with the appellant for Rs. 40,000 – Plaintiff paid the full amount – Defendants failed to execute the sale deed – Plaintiff filed suit for specific performance – Trial court ruled in favor of the Plaintiff – High Court reversed this decision citing procedural and evidentiary issues.

Issues – Validity of the power of attorney and agreement to sell – Whether Plaintiff was entitled to specific performance or only damages – High Court's failure to independently assess evidence under Order 41 Rule 31 CPC – Impact of property value appreciation over time on granting specific performance.

Court Assessment – Held that the registered power of attorney authorized the second Defendant to sell the property – High Court erred in not appreciating evidence and legal provisions correctly – Equitable discretion for specific performance must be exercised considering fairness and the conduct of parties – Specific performance not to be denied solely due to price rise – Plaintiff entitled to specific performance but with additional compensation to the Respondent due to property value appreciation.

Decision – Supreme Court set aside the High Court judgment – Decreed specific performance with a condition for Plaintiff to pay an additional Rs. 15 lakhs – Defendant to execute and register sale deed upon Plaintiff's compliance – Affirmed trial court's decree with modifications. [Paras 1-40]

Civil Procedure - Order 2 Rule 2 applicability – Plaintiff filed two suits: one for specific performance and another for permanent injunction regarding the same property – Trial court dismissed both suits – High Court allowed appeals and decreed both suits – Held: Order 2 Rule 2 not applicable as the causes of action in both suits were different – Permanent injunction suit based on threat to dispossession, specific performance suit based on non-performance of agreement – High Court’s reversal upheld as suits founded on distinct causes of action. [Paras 26-38]

Limitation Act – Article 54 – Suit for specific performance – Agreement did not fix a date for performance – Time not essence of contract for immovable property – Suit filed within limitation from the date of knowledge of refusal to perform – Plaintiff came to know of refusal in 2000 and filed suit same year – Held: Suit within limitation period. [Paras 39-52]

Specific Performance – Readiness and willingness – Plaintiff paid entire sale consideration and was in possession of property – High Court justified in granting specific performance and permanent injunction – Defendant No. 2 failed to perform part of agreement despite full payment – Additional sum of Rs. 4 lakhs directed by High Court upheld to balance equities. [Paras 53-60]

Execution of Sale Deed – High Court directed joint execution by Defendants to avoid legal complications – Upheld by Supreme Court – Order directing refund of Rs. 4 lakhs by Defendant No. 2 to Defendant No. 1 due to frustration of sale contract – Exercise of power under Article 142 to do substantial justice. [Paras 62-71]

Rent Control – Eviction – Appellant, landlady, challenged the High Court's order overturning the eviction ordered by the Appellate Authority – High Court applied the Supreme Court's decision in Rakesh Wadhawan and Others v. Jagdamba Industrial Corporation and Others (2002) interpreting the proviso to Section 13(2)(i) of the Act – Held: Tenant must be given an opportunity to clear arrears even if determined by final adjudication – High Court's direction to tenant to provide a statement of arrears paid and due within 30 days upheld – Liberty granted to the landlady to approach the High Court if arrears were not paid – Appeal disposed of affirming the High Court's judgment, protecting the landlady's right to seek further orders if tenant defaults – [Paras 1-10]

Civil Procedure - Specific Performance - Bar under Order 2 Rule 2 CPC - Appeal against High Court's decision dismissing suit for specific performance on grounds of bar under Order 2 Rule 2 CPC - Appellant Inbasegaran and Respondent S. Natarajan entered into a sale agreement for property allotted to Respondent by Tamil Nadu Housing Board - Agreement dated 19.01.1984 with consideration of Rs. 3,84,220/- and advance of Rs. 1,00,000/- alleged - Appellant claimed possession and construction on property based on agreement - Respondent denied agreement's validity and payment - Appellant filed O.S. No. 252/1986 for specific performance - Respondent claimed agreement void due to lease-cum-sale conditions and barred under Order 2 Rule 2 CPC due to prior suit for injunction O.S. No. 445/1985 - Trial court decreed specific performance, dismissed suits for injunction - High Court reversed, held O.S. No. 252/1986 barred and Appellant approached court with unclean hands.

Supreme Court Assessment - Causes of action distinct - First suit for injunction based on threat of dispossession - Second suit for specific performance based on refusal after sale deed execution - Different causes of action and evidence - Bar under Order 2 Rule 2 CPC not applicable - Order 2 Rule 2 CPC applies only when causes of action are identical - High Court erred in applying bar - Remand to High Court to consider other points.

Decision - Appeal allowed in part - High Court's decision on Order 2 Rule 2 CPC set aside - Matter remanded to High Court to decide other points - Status quo on possession to be maintained.

Criminal Law - Dowry Death - Conviction and Sentence:

Facts: The appellant, husband of the deceased, along with his parents, was charged under Sections 498(A), 302, and 201 of IPC for the dowry-related murder of his wife, Gulsara Banu - The appellant's parents were convicted under Section 498(A) IPC and Section 4 of the Dowry Prohibition Act but acquitted of charges under Sections 302 and 201 IPC - The appellant was sentenced to life imprisonment under Section 302 IPC, three years for Section 201 IPC, and two years for Section 498(A) IPC with fines.

Occurrence: The incident occurred on 12.08.2004 - The deceased was found with strangulation marks on her neck - The appellant claimed it was a suicide by hanging, but forensic evidence indicated asphyxia due to strangulation.

Evidence and Analysis: P.W. 1 (deceased's father) and P.W. 4 (witness) testified about the suspicious circumstances - P.W. 9 (postmortem doctor) confirmed strangulation with a cable wire, corroborated by forensic report Ex. P-6 - The appellant’s attempt to stage the scene as a suicide was discredited by evidence and testimonies.

Decision: The trial court's conviction of the appellant was upheld by the High Court - Supreme Court confirmed the findings - Held that the scientific and expert evidence unequivocally established the appellant’s guilt - The appellant’s explanations were found insufficient and contradictory to the forensic evidence. The appeal was dismissed.

Criminal Law - Conviction for Murder and Dowry Harassment - Criminal Appeal against conviction under Sections 302 and 498A IPC - The appellant was sentenced to life imprisonment for the murder of his wife and one-year rigorous imprisonment for dowry harassment - High Court maintained the conviction and sentence.

Facts - The deceased, Kalyani, married the appellant on 26.04.2000 and was subjected to harassment due to non-payment of the remaining dowry - On 31.08.2001, the appellant allegedly set her on fire after pouring kerosene, following which she succumbed to her injuries on 09.09.2001.

Evidence - Prosecution relied on dying declarations (Exhibits-P5 and P10) recorded by the police and judicial magistrate - Witnesses PWs-1 to 4, including the victim's mother and neighbors, testified about the appellant's harassment and the victim's statements implicating the appellant.

Court's Assessment - The court upheld the reliability and consistency of the dying declarations, noting no evidence of tutoring or prompting - Physical evidence, including post-mortem report indicating 70% burns, corroborated the prosecution's case - Court rejected the appellant's defense of total denial and the theory of suicide.

Discussion - The court emphasized the juristic theory of dying declarations, which are accepted due to the solemn circumstances under which they are made - It dismissed the appellant's plea to reduce the charge to Section 304 Part II IPC, stating the act of setting a person on fire is likely to cause death, completing the offence of murder.

Held - The court reaffirmed the conviction under Section 302 IPC, finding no merit in the appeal - The appellant's actions were deliberate and intended to cause death, constituting murder.

Employees State Insurance Act – Applicability – Appellant contested applicability of ESI Act to New Mangalore Port Listed Workers Managing Committee (WMC) claiming it to be part of New Mangalore Port Trust (NMPT) under the administrative control of Central Government – WMC engaged in cargo handling within NMPT premises – ESI Court held State Government’s notification inapplicable to WMC – High Court reversed ESI Court’s decision – Supreme Court remitted matter to High Court for reconsideration. [Paras 2-14]

Administrative Control – Analysis – Held – Evidence by Appellant’s witnesses indicating workers were under NMPT’s control prior to 1990 – High Court did not adequately address evidence or consider subsequent notifications extending ESI Act to NMPT – Necessity for High Court to re-evaluate in light of full evidence. [Paras 7, 12-13]

Decision – Remand for Fresh Consideration – Appeal allowed – High Court’s decision set aside – Matter remanded to High Court to re-examine applicability of ESI Act to WMC with opportunity for additional evidence and submissions – Directed to proceed expeditiously. [Para 14]