Criminal Law – Right of tenants under SARFAESI Act – Appeals against High Court orders enforcing possession under SARFAESI – Appellants claim to be tenants of mortgaged premises under valid leases – SARFAESI Act does not extinguish tenant’s rights without lawful determination of lease – Chief Metropolitan Magistrate’s power under Section 14 limited to non-leasehold possession – Valid leases prior to mortgage or in compliance with Section 65A of Transfer of Property Act, 1882 protected – High Court orders and Magistrate’s decisions to be re-examined. [Paras 11-25]

Right of tenants under valid leases – Analysis – Tenants under valid leases created before the receipt of notice under Section 13(2) of SARFAESI Act are protected – Section 14 does not authorize dispossession of such tenants – Valid leasehold possession is a constitutional right under Article 300A – Affidavit by secured creditor in application under Section 14 must affirm non-existence of valid lease. [Paras 15-18]

Remedies for tenants – Held – Tenants in lawful possession under valid leases can resist dispossession by producing lease proof – Authorized officer cannot forcibly evict – Must apply to Chief Metropolitan Magistrate or District Magistrate for possession – Magistrate to provide hearing and consider validity of lease under Section 65A and Section 111 of Transfer of Property Act – Magistrate’s decision challengeable under Articles 226 and 227 – Debt Recovery Tribunal under Section 17 lacks authority to restore possession to tenants. [Paras 21-24]

Decision – Remand and directives – Chief Metropolitan Magistrate’s orders under Section 14 set aside – Matters remitted for fresh consideration – Secured creditor applications pending under Section 14 to be decided in accordance with this judgment – No injunctions from civil courts on actions under SARFAESI Act – Directions for hearing and final orders within four months. [Paras 28(i)-(v)]

Criminal Law - Summoning of Accused - Section 319 CrPC - Criminal appeal against High Court order upholding the summoning of the appellant to face trial based on a note written by the deceased. The note expressed apprehension of death at the hands of the appellant, but did not relate to the cause of death or any circumstance of the transaction resulting in the death - Supreme Court held that the note was inadmissible under Section 32 of the Evidence Act as it did not meet the criteria for a dying declaration - The power under Section 319 CrPC is discretionary and requires stronger evidence than mere probability - Appeal allowed, summoning order set aside. [Paras 1-23]

Evidence - Admissibility of Dying Declaration - Section 32 of Evidence Act - Analysis of whether a note expressing mere apprehension of death can be considered a dying declaration - Held - Such a note does not relate to the cause of death or the circumstances of the transaction leading to death - Not admissible as evidence under Section 32 - Reference to legal precedents and interpretation of "circumstances of transaction" - Supreme Court reiterates necessity of proximate relation to the actual occurrence of death for admissibility. [Paras 13-18]

Decision - Setting Aside Summoning Order - Court sets aside the order summoning the appellant to face trial, finding no prima facie evidence of complicity in the crime - Affirms the requirement for strong and cogent evidence for invoking Section 319 CrPC - Appeal allowed, High Court and trial court orders reversed. [Para 21-23]

Administrative Law - Recruitment Process - Changes in Criteria During Selection Process - Civil Appeal against the High Court order upholding the Central Administrative Tribunal's decision to quash appointments due to arbitrary changes in the recruitment process - Written examination marks and interview marks were equal, which was impermissible under the rules - Supreme Court emphasized strict adherence to established rules and transparency in the recruitment process - Appeals dismissed. [Paras 1-20]

Recruitment Process - Equal Marks for Written and Interview - Analysis - Held - Marks for written examination and interview must not be equal where not prescribed - Equal marks for both stages and the manner of awarding marks indicated lack of transparency and arbitrariness - Deviation from prescribed rules without transparency results in unfair selection. [Para 12, 20]

Decision - Continuation from Vitiated Point - Court upheld the High Court’s decision to continue the recruitment process from the point it stood vitiated - Fresh recruitment process ordered due to arbitrariness in the selection process - Appeals dismissed with no costs. [Para 20]

Service Law – Judicial Service – Advance Increments – Writ Petition under Article 32 – Challenge to cut-off date for granting three advance increments to judicial officers with higher qualifications in law – Petitioner possessed higher qualification (LL.M.) at the time of joining judicial service before 1.11.1999 – Resolution dated 14.6.2012 granted increments only to those with higher qualifications acquired on or after 1.11.1999 – Held, cut-off date is arbitrary and irrational – Recommendation of Ist National Judicial Pay Commission does not prescribe any cut-off date – Court directed the expression "on or after 1.11.1999" in the resolution to be read as "on or before 1.11.1999" – Writ petition allowed. [Paras 1-11]

Service Law – Higher Qualification in Law – Implementation of Judicial Pay Commission Recommendations – Analysis – Recommendation in para 8.48 of the Ist National Judicial Pay Commission approved by Supreme Court – No cut-off date provided in the recommendation for granting three advance increments to judicial officers with higher qualifications in law – Registrar General's communication misinterpreted leading to an arbitrary cut-off date – Court finds the prescribed cut-off date in resolution lacks rational basis and nexus with the objective. [Para 4-9]

Decision – Correction of Cut-off Date for Advance Increments – Court modifies resolution to grant three advance increments to all eligible judicial officers with higher qualifications in law irrespective of the date of acquisition – Orders the State of Gujarat to pay financial benefits to the petitioner and similarly situated officers within two months. [Para 10-11]

Landlord-Tenant Dispute – Eviction – Personal Necessity – Jurisdiction of High Court under Articles 226 and 227 of the Constitution of India – Appeal against the High Court's order setting aside the Appellate Court's decision granting eviction of tenants – High Court's jurisdiction under Articles 226 and 227 limited to correcting errors apparent on the face of the record – High Court cannot interfere with findings of fact unless there is a substantial question of law – Appellate Court's finding of bona fide requirement of landlord upheld – High Court's interference unjustified – High Court's judgment set aside – Appellate Court's order restored. [Paras 6-12]

Role of High Court in Reviewing Factual Findings – Analysis – Held – High Court erred in setting aside the factual findings of the Appellate Court regarding the landlord's bona fide need – No substantial question of law presented – Jurisdiction under Articles 226 and 227 does not extend to re-evaluation of evidence unless a clear error is shown. [Paras 10-12]

Decision – Restoration of Appellate Court's Order – The Supreme Court allows the appeal, setting aside the High Court's judgment and restoring the Appellate Court's order that granted eviction of the tenants, affirming the landlord's bona fide requirement of the premises. [Para 12]

Civil Law - Adjustment of Deposits by Judgment Debtor - Civil Appeal against High Court decision on adjustment of deposits towards principal or interest – Appellants awarded compensation with interest for road accident – Respondent Insurance Company deposited amounts claiming full satisfaction of award – Dispute on whether deposits to be adjusted first towards interest or principal – Supreme Court holds deposits to be adjusted first towards interest and costs, then principal – Appeals allowed, High Court judgment set aside.

Interpretation of Order 21 Rule 1 CPC - Analysis - Held - Appropriation of payments made by the judgment debtor to be applied first towards interest and costs, and then towards the principal amount due – Rule 472 of Andhra Pradesh Motor Vehicles Rules, 1989, treating the award as a money decree, justifies following this principle – High Court misinterpreted the provisions and relevant judgments – Judicial discipline mandates adherence to Supreme Court precedents under Article 141 of the Constitution.

Interest on Interest - Prohibition - Analysis - Held - Section 3(3) of the Interest Act, 1978, does not allow interest on interest – However, deposits must be adjusted towards interest and costs before principal to avoid unjust enrichment of the judgment debtor – Execution of decrees requires compliance with established norms of payment prioritization.

Decision:

Appeal allowed. The judgment of the Andhra Pradesh High Court is set aside, and the order of the Executing Court is restored, directing that the amounts deposited by the Respondent Insurance Company be adjusted first towards interest and costs, and then towards the principal amount due.

Constitutional Law - Validity of Awarding Bonus Marks Based on Domicile -The Supreme Court considered the constitutionality of awarding bonus marks to candidates based on domicile status for appointments as primary school teachers. The Court affirmed the view that such a practice was unconstitutional unless supported by scientific studies justifying it. The doctrine of prospective overruling was invoked, limiting the effect of this declaration to future selections, thereby protecting past appointments up to 17th November 1999. [Paras 3-16]

Prospective Overruling - Scope and Application -The Court applied the doctrine of prospective overruling to protect past appointments, emphasizing that candidates who had already been appointed based on the unconstitutional awarding of bonus marks should not be disturbed. Future appointments were to be made without the bonus marks, ensuring adherence to the principle of equality. [Paras 17-20]

Appointments Based on Fraud and Misrepresentation - Judicial Review -The Supreme Court upheld the termination of services of candidates who obtained appointments through fraudulent means. The Court clarified that the directions issued in Kailash Chand Sharma’s case were not meant to benefit candidates who filed writ petitions belatedly or who secured appointments through misrepresentation. [Paras 21-23]

One-Time Age Relaxation for Re-Employment - Humanitarian Consideration -Acknowledging the decade-long service of some terminated teachers and their resultant lack of alternative employment opportunities, the Court granted a one-time age relaxation for these candidates to participate in the next selection process, subject to the outcome of any criminal cases pending against them. This was done to balance the strict application of the law with compassionate considerations. [Paras 26-27]

Decision - Appeals Disposed of -The Supreme Court dismissed the appeals, affirming the High Court’s decisions, but provided a one-time relaxation of the upper age limit for the terminated teachers to reapply in future recruitment processes. The appointments were subject to any findings in the pending criminal cases. The Court emphasized that fraudulent appointments should be terminated and such individuals should not be regularized. [Paras 23-27]

Educational Qualifications – Recognition – Distance Education –

Civil Appeals challenging the High Court’s decision upholding the rejection of candidates for librarian positions based on degrees obtained via distance education from Alagappa University. High Court had held that these degrees were not recognized at the time of selection. Supreme Court held that since the selection process continued beyond the date of post facto recognition, candidates should be considered eligible. The court mandated consideration for appointment based on inter se merit.

Held:

1. Eligibility of Distance Education Degrees – Degrees in library science obtained from Alagappa University through distance education mode were granted ex post facto recognition by the DEC effective from 1995. The selection process extended beyond the date of this recognition. Therefore, such degrees should be recognized for eligibility purposes. [Paras 13-15]

2. Selection Process Delay – The selection process for librarian positions was unduly prolonged, extending from 2008 to 2012. This delay necessitated a liberal application of rules regarding eligibility to prevent injustice. [Paras 14-15]

3. Consideration for Appointment – Directed the Respondents to consider the appellants for appointment against the available librarian vacancies based on their inter se merit vis-a-vis other candidates. The process was to be completed within two months. [Para 16]

Decision: The appeals were allowed, and the High Court’s order was set aside. The respondents were directed to consider the appellants for appointments within two months based on their eligibility and merit.

Constitutional Law - Commutation of Death Sentence - Curative Petition - Death sentence challenged on grounds of inordinate delay and mental illness - Supreme Court in Shatrughan Chauhan v. Union of India held unexplained delay in disposal of mercy petitions as a ground for commutation to life imprisonment - Petitioner (Navneet Kaur) argued delay of 8 years in disposal of Bhullar's mercy petition and his severe mental illness warranted commutation - Supreme Court held ratio in Devender Pal Singh Bhullar v. State of NCT of Delhi per incuriam - Principles in Shatrughan Chauhan applied - Death sentence commuted to life imprisonment. [Paras 1-14]

Delay in Disposal of Mercy Petition - Held - Unexplained delay of 8 years in deciding mercy petition a supervening circumstance - Such delay applies to all cases, including TADA offences - Supreme Court finds the delay unreasonable and unexplained - Bhullar's death sentence commuted. [Paras 1-14]

Mental Illness as Ground for Commutation - Report by Institute of Human Behaviour and Allied Sciences indicated severe depression and other psychiatric illnesses - Mental illness recognized as a supervening circumstance in Shatrughan Chauhan - Supreme Court held Bhullar cannot be executed due to his health condition - Commutation granted. [Paras 12-14]

Decision - Curative Petition Allowed - Death sentence of Devender Pal Singh Bhullar commuted to life imprisonment due to inordinate delay and mental illness. [Para 14]