Facts:

The appellant claimed to be a cultivating tenant of the land before the notification under Section 3 of the Andhra Pradesh (Andhra Area) Estates (Abolition and Conversion into Ryotwari) Act, 1948. He sought an injunction to restrain the former landlord (respondent No. 1 - Deity) from interfering with his possession. The Estate Officer, Devasthanam, also filed a suit asserting the deity's ownership of the land and the appellant's cultivation as its tenant.

Issues:

Whether the appellant was entitled to Ryotwari Patta under the 1948 Act.

Applicability of Section 82 of the 1987 Act to the present case.

Whether the appellant's suit was barred by limitations.

Held:

The appellant's suit was decreed, and respondent No. 1's suit was dismissed. The appellant's continuous possession of the land before the notified date entitled him to a "Ryotwari Patta" under Section 11 of the 1948 Act. (Para 14)

Section 82 of the 1987 Act was deemed inapplicable as the appellant couldn't be considered a leaseholder of agricultural land belonging to any institution or endowment. (Para 15)

The claim raised by the appellant was not barred by limitations. The relevant date for determining limitations was when the appellant's possession was allegedly threatened. (Para 17)

The instant appeal is allowed. (Para 18)

Facts:

The landlords leased a property to a firm, "M/s Biyani Textile," which later defaulted on rent payments.

The landlords filed a civil suit for eviction against the Firm and its partners, including defendant no. 1, an employee of the Firm.

The Trial Court dismissed the suit against defendant no. 1 but decreed it against the Firm and its partners.

Plaintiff no. 2 appealed, and the District Judge reversed the Trial Court's decision, decreeing the suit against all defendants.

The defendants filed a revision application before the High Court, which was allowed, reinstating the Trial Court's decision.

Issues:

Whether defendant no. 1, as an employee of the Firm, is bound by the eviction decree against the Firm and its partners.

Whether the High Court erred in allowing the revision application and reinstating the Trial Court's decision.

Held:

The Supreme Court held that:

Defendant no. 1, being an employee of the Firm, is bound by the eviction decree against the Firm and its partners. (Para. 23)

The High Court erred in allowing the revision application without considering settled legal principles and factual findings. (Para. 14)

The legal effect of the eviction decree extended to all persons connected with the Firm, including its partners and employees. (Para. 24)

There was no need for the landlords to file a separate suit against defendant no. 1, as he was bound by the eviction decree obtained against the Firm. (Para. 26)

In rent proceedings, only the lessee/tenant is a necessary party, and persons claiming through the tenant are not necessary parties. (Para. 30)

The appeal was allowed, the High Court's order was set aside, and the judgment of the District Judge decreeing the suit against all defendants was restored. (Para. 32)

Facts:

The case involved a challenge to the action taken by the Municipal Corporation under Section 305 of the Madhya Pradesh Municipal Corporation Act, 1956, for the removal of buildings projecting beyond the regular line of public streets. The landowners contested the propriety of the action taken by the Corporation.

Issues:

The interpretation and application of Section 305 of the Act, particularly concerning the removal of buildings or parts thereof projecting into the periphery of the regular line of public streets.

Held:

The Court clarified that Section 305(1) empowers the Corporation to remove any building or part thereof that projects beyond the regular line of a public street. The provision mandates the Corporation to take action for removal, and no adjudicatory process or discretion is provided (Para 30).

Vesting of property occurs as soon as the building or projecting part is removed, or when the Corporation issues a notice for rebuilding to set back the projecting part. The area, upon such action, is deemed to be part of the public street and vests in the Corporation (Para 36).

The Court emphasized that the special provision in Section 305 prevails over the general provisions of acquisition of land under Sections 78 and 79 of the Act. Recourse to Sections 78 and 79 is ousted by the special provision of Section 305 (Para 49).

The principles of reasonable compensation under Sections 305, 306, and 387 are deemed to be applicable. The Court clarified that reasonable compensation must be paid, and the mechanism for determining compensation follows the provisions laid down in Section 387 (Para 70).

Decision: The appeals were dismissed by the Court, affirming the validity and applicability of the action taken by the Municipal Corporation under Section 305 of the Act.

Facts:

The case involved the grant of excise licenses for liquor shops in Uttar Pradesh under various rules. An FIR had been lodged alleging fraud and forgery in opening a bank account, raising concerns about the eligibility of certain individuals for holding such licenses.

Issues:

The High Court, in response to a writ petition filed under Article 226 of the Constitution, issued directions regarding the investigation process, training of investigating officers, establishment of forensic labs, and other matters related to law enforcement and administration.

Held:

The Supreme Court acknowledged the concerns raised by the High Court but found that some of the directions issued went beyond the scope of the case and encroached upon legislative and executive domains. The Court emphasized the separation of powers and the limitations of judicial review, cautioning against judicial overreach into policy matters or legislative functions.

The Court held that while the judiciary has a duty to ensure constitutional safeguards and protect individual rights, it cannot dictate policy or legislative changes. Instead, it is the responsibility of the executive to address issues related to law and order, investigation procedures, and infrastructure for forensic testing.

In conclusion, the Supreme Court set aside the impugned order of the High Court and directed it to reconsider the writ petition within the confines of the law and the specific issues raised in the case.

Facts:

The appellant, Dilbagh Singh, and a co-accused were intercepted by a patrol party while traveling in a car. Upon search, six bags of Poppy Husk were found in the car. The appellant challenged his conviction under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), alleging procedural irregularities in the search and seizure process.

Issues:

The main issues revolved around the compliance with Sections 50 and 57 of the NDPS Act, pertaining to search and seizure procedures, and whether the prosecution had provided sufficient evidence to prove the charge against the accused beyond reasonable doubt.

Held:

The Court held that Section 50 of the NDPS Act, which pertains to the search of a person, was inapplicable since the contraband was recovered from inside the car and not from the persons of the accused. Compliance with Section 57 was found to be satisfactory as the Investigating Officer promptly forwarded information about the arrest and seizure to his superior officer and the concerned Magistrate. The Court upheld the conviction, concluding that the prosecution had proven the charge against the accused beyond reasonable doubt based on the evidence, including the recovery of substantial amounts of Poppy Husk from the car and the proper handling of samples. Therefore, the appeal was dismissed.

Facts:

The respondents were prosecuted and convicted under various sections of the Indian Penal Code and the Dowry Prohibition Act, 1961.

During the appeal process, their counsel focused solely on seeking release under the Probation of Offenders Act, 1958 (PO Act).

The appellant argued that because the defendants were convicted under sections prescribing a minimum sentence, they should not be eligible for probation under the PO Act.

Issues:

Whether the defendants, convicted under sections prescribing a minimum sentence, could be granted the benefit of probation under the PO Act.

Held:

The Court examined the relevant provisions of the PO Act and concluded that the absence of a specific minimum sentence in the relevant sections meant that the provisions of the PO Act could apply. (Para. 8)

The Court clarified that when a statute prescribes a minimum sentence without discretion, the court must impose that sentence without any reduction. However, if the statute grants discretion, the court may consider mitigating factors and choose not to impose the minimum sentence. (Para. 19)

The Court emphasized that the discretion to grant probation should be exercised considering the circumstances of the case, including the nature of the offense and the character of the offender. (Para. 23)

The Court allowed the appeal, setting aside the judgments of the High Court and the appellate court, and remitted the matter to the appellate court for further consideration in accordance with law. The defendants should be allowed to raise all relevant points, including seeking release under the PO Act, before the appellate court. (Para. 26)

Facts:

The case involved a deadly assault on Lalni @ Raj Kumar, resulting in his death. The incident occurred in 1982 after an altercation between the deceased and the appellants, who resided next door. The deceased's cattle had strayed into the fields of the accused persons, leading to abuse and confrontation earlier in the day. The altercation escalated, resulting in the fatal assault on the deceased by the appellants and others.

Issues:

The appellants challenged their conviction under Sections 147, 148, 149, and initially Section 302 IPC.

The primary issue was whether the evidence supported the conviction and the severity of the sentence.

Held:

The Supreme Court affirmed the conviction under Sections 147, 148, and 149 IPC but modified the conviction under Section 302 IPC to one under Section 304-Part I IPC. The court reduced the sentence for the offence under Section 304-Part I/149 IPC to seven years' rigorous imprisonment. Other sentences were affirmed. The court observed that while the accused were aware of the likely consequences of their actions, there was no pre-meditation or prior concert to commit murder. The incident occurred in a heated moment, and tensions were escalated by the deceased as well.

The court considered the lengthy time since the incident and the lack of a common object to eliminate the deceased. Therefore, the sentence was reduced based on the circumstances of the case. The appeal is thus partly allowed.

Facts:

The incident occurred on 16th June 2000, where the deceased, Debol Kumar Ghosh, was shot dead at the CPI(M) Party Office.

Appellant Anjan Dasgupta and co-accused Biswanath Paul were convicted under Section 302/34 IPC by the Calcutta High Court.

The prosecution case relied on eyewitness accounts and circumstantial evidence.

The appellant challenged his conviction on various grounds, including the alleged ante-timing and ante-dating of the FIR and delay in dispatching it to the Magistrate.

Issues:

Whether the FIR was ante-timed and ante-dated, leading to adverse inferences against the prosecution.

Whether the delay in dispatching the FIR to the Magistrate affects the authenticity of the prosecution's case.

Whether the eyewitness accounts are credible and sufficient to establish the guilt of the accused beyond reasonable doubt.

Held:

The Court held that:

The FIR was not ante-dated or ante-timed, as there was evidence to suggest prompt registration after the incident. The delay in dispatching it to the Magistrate did not undermine its authenticity. (Para 22-23)

The eyewitness accounts were consistent and corroborative, despite minor discrepancies. The High Court's re-appreciation of evidence was proper, leading to a finding of guilt. (Para 31-36)

The judgment of the High Court was upheld, and the appeal was dismissed. (Para 37)

Referred Cases

Apren Joseph Alias Current Kunjukunju Vs. State of Kerala, (1973) 3 SCC 114

Pala Singh Vs. State of Punjab, (1972) 2 SCC 640

Rabindra Mahto Vs. State of Jharkhand, (2006) 10 SCC 432

Facts:

The appellant, a contractor licensed by Nagar Nigam, Jaipur, has been using minerals purchased from the open market for construction work.

Various Government Orders by the State of Rajasthan were issued regarding the deduction of 2% royalty from bills of contractors for the use of minerals in construction work.

The appellant challenged these orders through a writ petition, primarily contesting a letter dated 26.03.2002 that sought compliance with existing circulars requiring the payment of royalties for minerals used in construction work.

Issues:

Whether the courts adequately considered the specific issues raised by the appellant in the writ petition.

Whether the liability to pay royalty rests solely with holders of mining leases or permits.

Whether the appellant should be required to pay royalty for minerals used in construction work, considering they were purchased from the open market.

Held:

The Supreme Court held that the disposal of the writ petition did not fully consider the specific issues raised by the appellant. The Court found that the appellant primarily challenged the letter dated 26.03.2002, which emphasized compliance with existing circulars, rather than the circulars themselves. As the appellant did not directly challenge the circulars, the Court declined to adjudicate on broader policy issues related to royalty payments. Instead, the appellant was directed to approach the mining engineer with evidence to establish that royalties were paid for the minerals used in construction work. The mining engineer was instructed to consider the representation and make a decision, preferably within three months.