Consumer Protection – Vires of Regulations – Constitutionality of Regulation 15 – Review Application Procedure – Appeal against High Court’s dismissal of writ petition challenging Regulation 15 of Consumer Protection Regulations, 2005 – Appellant contends Regulation 15 is ultra vires the Consumer Protection Act, 1986 – Supreme Court examines power of National Commission to frame regulations under Section 30A – Held, Regulation 15 valid and within jurisdiction – Regulation 15(2) allows for review applications to be decided by circulation, not necessarily requiring oral arguments – No violation of natural justice principles found – Appeal dismissed. [Paras 1-12]

Right to be Heard – Natural Justice – Applicability to Quasi-Judicial Bodies – Appellant's assertion of denial of right to oral hearing in review proceedings – Court finds no inherent right to oral hearing – Regulation provides discretion to National Commission – No curtailment of consumer rights observed – Procedural fairness maintained – Review by circulation not inconsistent with principles of natural justice. [Paras 6-10]

Proxy Counsel – Legal Standing – Appellant challenges National Commission's restriction on proxy counsel – Court affirms restriction – Proxy counsel not defined in Advocates Act – National Commission’s direction upheld – Does not violate Article 19(1)(g) of Constitution – Ensures representation by authorized legal practitioners. [Para 11]

Decision: Appeal dismissed. Regulation 15 of Consumer Protection Regulations, 2005 upheld as valid. National Commission's procedure for review applications by circulation without oral arguments deemed lawful and consistent with principles of natural justice. Restrictions on proxy counsel affirmed.

Criminal Law – Further Investigation – Special Leave Petition challenging High Court order upholding Additional Sessions Judge's decision concerning further investigation – Petitioner sought direction for recovery of stridhan and a palmtop communicator – Supreme Court finds no infirmity in the lower court's orders – High Court's refusal to interfere with revisional court's direction for investigation by concerned police officer upheld – Petition dismissed at admission stage. [Paras 1-9]

Recovery of Stridhan – Directions for Further Investigation – Analysis – Held – Additional Sessions Judge partly allowed further investigation but set aside direction to investigate specific items (stridhan and palmtop) by a particular officer – High Court upheld this approach, finding it inclusive of all circumstances – Supreme Court concurs, noting no prejudice to Petitioner as investigation steps were already taken. [Para 9]

Decision – Dismissal of Special Leave Petition – Court finds the petition lacks bonafide intent, aimed more at vexing Respondent rather than genuine recovery of stridhan – Investigation conducted did not show lacunae – No further directions necessary – SLP dismissed. [Paras 8-9]

Land Reforms - Deemed Tenancy - Requirements - Civil Appeal against High Court order rejecting claim to be deemed tenant under Section 4A of the Kerala Land Reforms Act - High Court found no valid mortgage deed as basis for possession claim - Appellant’s mother a minor at time of mortgage execution - Possession under mortgage deed not established - Held, mortgage deed invalid as mother was not of majority age and not represented by a guardian - Possession not delivered under the deed as required for usufructuary mortgage - Concurrent findings by Land Tribunal and Appellate Authority erroneous - Appeal dismissed. [Paras 1-25]

Validity of Mortgage - Analysis - Held - Mortgage deed executed in favor of appellant’s mother found void ab initio - Mother a minor at time of execution - Competency to contract under Indian Contract Act not met - Even if valid, mortgage found to be a simple mortgage with no possession delivered under the deed. [Paras 9-12]

Concurrent Findings of Fact - Reversal - Held - High Court correctly reversed concurrent findings of lower authorities - Lower authorities failed to consider material facts and legal requirements - High Court’s exercise of revisional jurisdiction valid and justified. [Paras 13-14]

Decision - Dismissal of Appeal - Appellant’s claim as deemed tenant under Kerala Land Reforms Act rejected - Mortgage deed found invalid and no possession established under deed - High Court’s judgment upheld - Appellant advised to seek resolution of ownership rights in appropriate forum. [Paras 14-15]

Doctrine of Frustration – Lease Agreements – Contractual Disputes – Frustration of Contract – Breach of Contract – Civil Remedies: The Supreme Court dealt with the enforceability of lease agreements and BOT contracts where subsequent governmental decisions and the expiration of the lease term caused frustration of the contract. The court held that the doctrine of frustration applies where the lease ends by efflux of time and MPRTC's heavy indebtedness prevented continuation. The appeal for specific performance of contract under Article 226 was declined, directing the appellants to pursue civil remedies for breach of contract. [Paras 54-59]

Scope of Judicial Review – Contractual Matters – Public Interest: The court emphasized the limited scope of judicial review in contractual matters, especially where one party is a state or its instrumentality. It reiterated that judicial review should be confined to legality and fairness, and not to the merits of the contract. The court further noted the necessity of maintaining public interest over contractual obligations when state instrumentalities are involved. [Paras 51-52]

Privity of Contract – Lease Renewal – Contract Construction – Rights of Parties: The court found no privity of contract between Sri Ram Builders and IDA, thus denying specific performance claims. It was clarified that lease renewal requires express consent of the lessor and is not automatic. The court ruled that MPRTC's unauthorized creation of third-party rights for premium collection was invalid. [Paras 53-55]

Decision: The Supreme Court dismissed the appeals, upholding the High Court's decision that directed Sri Ram Builders to seek civil remedies for breach of contract. The court affirmed the principle that contractual disputes involving public entities and public interest should be cautiously handled under Article 226. [Para 61]

Criminal Law - Conviction and Sentencing - Criminal Appeal challenging the death sentence - High Court affirmed the death sentence and conviction for murder and attempted rape - Appellant's young age (21 years) and no past criminal antecedents considered - Supreme Court commuted death sentence to life imprisonment due to possibility of reformation - Other convictions and sentences affirmed. [Paras 1-48]

Evidence - Circumstantial Evidence - Held - Strong circumstantial evidence linked the appellant to the crime - Sniffer dog tracking, recovery of blood-stained clothes, and past misconduct with the victim established guilt - Statement under Section 27 of the Evidence Act corroborated by other evidence. [Para 30]

Sentencing - Mitigating Factors - Age of the appellant (21 years) and potential for reformation considered - Court held that the case did not fall under "rarest of rare" category warranting death penalty - Life imprisonment substituted for death sentence. [Paras 42-47]

Decision - Sentence Commuted - Supreme Court commuted the death sentence to life imprisonment considering the mitigating factors and affirmed other parts of the conviction and sentence. [Para 48]

Criminal Law - Dowry Death – Conviction under Section 304B IPC – Appeal against High Court’s dismissal of appellant’s challenge to conviction and sentence by Trial Court – Appellant convicted for persistent demands for dowry and cruelty leading to wife's suicide within four years of marriage – Appeal dismissed, confirming findings of lower courts. [Paras 1-25]

Provisions and Presumptions – Analysis of Sections 304B IPC and 113B Evidence Act – Held – Prosecution successfully established that death was caused by poison and occurred within seven years of marriage – Evidence showed cruelty and harassment soon before death, fulfilling requirements for presumption of dowry death. [Para 10-20]

Evidence – Weight and Admissibility – Testimonies of deceased’s mother and mediator – Corroborated by medical evidence indicating death by pesticide poisoning – Rejection of appellant’s defence of death due to pregnancy complications – Persistent demands for dowry and harassment proven. [Paras 18-20]

Decision – Appeal Dismissed – Conviction and sentence under Sections 304B and 498A IPC upheld – Appellant to be taken into custody to serve remaining sentence. [Paras 21-24]

Constitutional Law - Validity of Uttar Pradesh Lokayukta and Up-Lokayuktas (Amendment) Act, 2012 - Writ petitions filed under Article 32 challenging the extension of the Lokayukta's term from six to eight years - Petitioners argued the amendment was unconstitutional and the procedure followed violated Articles 197, 198, and 199 - Supreme Court held that the Amendment Act is valid, the term extension is a legislative policy decision, and procedural irregularities cannot invalidate the Act - The decision of the Speaker on Money Bills is final and non-justiciable - Articles 199 and 212 protect legislative procedures from judicial scrutiny. [Paras 1-43]

Quo Warranto - Continuation of Lokayukta - The court upheld the validity of Justice N.K. Mehrotra's continuation as Lokayukta under the amended Act - Directed the State to expedite the appointment of a new Lokayukta within six months - Reaffirmed the principle that legislative actions conforming to constitutional provisions are valid. [Paras 21, 43]

Decision - Petitions dismissed, validity of Amendment Act upheld - Court recognized the legislative competence and procedural propriety in passing the Amendment Act as a Money Bill - Directed the State to appoint a new Lokayukta as per the amended Act's provisions within six months. [Para 44]

Constitutional Law - Writ Jurisdiction - Maintainability - Appeal against High Court order dismissing writ petitions challenging the suspension of the managing committee and the auction of society land – Held, writ jurisdiction not the appropriate remedy for resolving disputes involving complex questions of fact and evidence such as fraud and valuation of property – Appropriate remedy would have been a civil suit. [Para 32]

Co-operative Societies - Suspension and Removal of Managing Committee - Challenge to Validity - Appeals against suspension and removal of managing committee under Sections 34(1) and 34(2) of the Haryana Co-operative Societies Act, 1984 – Suspension and removal found valid – No illegality in the decision of Registrar – General Body Meeting’s resolution to sell land considered valid – Held, suspension and removal decisions taken based on substantial evidence of irregularities. [Para 27-29]

Land Auction - Validity and Adequacy of Price - Challenge to auction sale of society land on grounds of under-valuation and procedural irregularities – Auction price enhanced from Rs. 46 lakhs per acre to Rs. 70 lakhs per acre by High Court – Held, auction conducted fairly under supervision of Sales Committee – No substantial evidence to prove under-valuation – Enhanced compensation upheld as fair and just. [Para 30-31]

Principles - Majority Decision in Co-operative Society - General Body Resolution to auction sale land taken by majority of members cannot be overruled by a minority of disgruntled members without substantial proof of fraud or mala fide – Held, resolution taken by majority members reflects collective decision and should be upheld unless proven otherwise. [Para 35]

Civil Procedure - Need for Civil Suit in Cases Involving Factual Disputes - Matters involving complex factual disputes such as allegations of fraud, malafide, and property valuation require evidence – Writ petitions not suitable for such matters – Civil suits in competent courts should be filed for adequate relief. [Para 32]

Decision: Appeals dismissed. Auction sale held valid. Enhanced compensation of Rs. 70 lakhs per acre with 6% interest upheld. No order as to costs. [Paras 34, 39]

Constitutional Law – Article 14 – Right to Equality – Institutional Preference in Admissions – Post Graduate Medical and Dental Courses – KarnatakaThe Supreme Court held that Sub-clause (a) of Clause 2.1 of the Information Bulletins for PGET-2014, which provided for eligibility criteria favoring candidates of Karnataka origin, was ultra vires Article 14 of the Constitution. The clause was found discriminatory as it debarred candidates who studied MBBS/BDS in Karnataka but did not fulfill the Karnataka origin requirement from appearing in the entrance tests for postgraduate courses. The court reiterated the principles laid down in Dr. Pradeep Jain’s case, emphasizing that institutional preference must not compromise merit and should ensure equality of opportunity. [Paras 1-25]

Institutional Preference – Admission Criteria – Validity – Held – Sub-clause (a) of Clause 2.1 struck downThe court examined the legitimacy of institutional preference as defined in the Information Bulletins and concluded that the exclusion of certain candidates based on Karnataka origin was contrary to the constitutional mandate of equality. The preference should be limited to those who have passed MBBS/BDS from Karnataka institutions without additional domicile restrictions. [Paras 10-12]

Decision – Declaration of Sub-clause (a) of Clause 2.1 as Ultra Vires – Direction for Fresh Information BulletinsThe court allowed the petitions, declaring the impugned sub-clause as null and void. The respondents were directed to issue fresh Information Bulletins and conduct admissions based on the entrance test results, adhering to constitutional principles and ensuring equality. The specific time schedule for admissions was adjusted for the academic year 2014-2015. [Paras 12-25]