Negotiable Instruments - Dishonor of Cheque - Appeal against Conviction - Criminal appeal against the High Court’s order reversing the trial court's acquittal and convicting the appellant under Section 138 of the NI Act - High Court erred in reversing acquittal - No substantive evidence proving appellant borrowed money or issued the cheque in discharge of debt - Presumption under Sections 118 and 139 NI Act not established - Acquittal restored. [Paras 1-11]

Evidentiary Burden - Negotiable Instruments Act - Presumption - Analysis - Held - For presumption under Sections 118 and 139 to apply, complainant must prove existence of debt and issuance of cheque in discharge of that debt - Contradictory statements by complainant regarding transaction details and cheque writing - Complainant’s evidence lacked necessary material particulars - High Court’s reliance on presumption misplaced in absence of substantive evidence. [Paras 7-10]

Decision - Reversal of Conviction and Sentence - Acquittal Restored - Supreme Court sets aside the High Court’s judgment convicting the appellant, restores trial court's acquittal due to lack of credible evidence supporting the complainant’s case under Section 138 NI Act. [Para 11]

Service Law - Appointment of District Judges - Minimum Age Criteria - Appellant’s eligibility challenged for not having attained the age of 35 years at the time of application - High Court's decision based on recommendations by Justice Shetty Commission not incorporated in the statutory recruitment rules - Supreme Court holds that recruitment rules did not specify a minimum age limit for the post - Recommends that appointments be made according to existing statutory rules rather than non-binding recommendations - Appellant directed to be appointed with retrospective effect but without back pay. [Paras 1-31]

Appointment Criteria – Analysis – High Court erroneously relied on Justice Shetty Commission’s recommendations, which were not statutory – Recruitment Rules only prescribed maximum age limit (45 years) and did not stipulate a minimum age – Provisions of Article 233 of the Constitution also silent on minimum age requirement - Recommendations of the Commission not binding until incorporated into the statutory rules. [Para 20-22]

Decision – Appointment Directed with Retrospective Effect – Supreme Court directs that the appellant be appointed with retrospective effect from the date of eligibility but denies back pay for the period not served – Appellant to be placed appropriately in the seniority list considering merit position. [Paras 23, 29-31]

Criminal Law - Recall and Re-examination of Witness - Scope and Powers of the Court - Criminal Appeal challenging High Court's rejection of petition to recall witness - Alleged inconsistency between witness statement and documentary evidence during Test Identification Parade - Court's role in correcting errors in witness testimony - Held that trial court and High Court failed to exercise their powers under Section 311 CrPC to ensure justice - Directions issued to recall witness and permit cross-examination - Appellant allowed to submit written arguments - Trial to be concluded expeditiously. [Paras 16-33]

Role of Victim in Criminal Proceedings - Participation in Trial - Held - Victim's participation, though limited under Section 301(2) CrPC, is essential for ensuring justice - Court's duty to actively rectify errors impacting the case - Prosecution and court should not remain passive in the face of apparent errors. [Paras 18-19, 31]

Decision - Directions to Recall Witness and Permit Cross-Examination - Court sets aside trial court and High Court orders - Directs trial court to recall PW-18 for cross-examination regarding inconsistencies in testimony - Appellant allowed to file written arguments as per Section 301(2) CrPC - Trial court to expedite proceedings within three months. [Para 33]

Land Acquisition - De-notification and Doctrine of Lis Pendens - Applicability - Appeal against the High Court’s dismissal of the writ petition challenging the de-notification of land from acquisition by the Revenue Minister. The Supreme Court held that any alienation of property during the pendency of litigation is bound by the outcome of such litigation under the doctrine of lis pendens. The de-notification order was quashed as possession had been taken, and thus, the land vested in the State free from encumbrances. [Paras 1-15]

Competence of Minister - De-notification of Land Acquisition - Argument regarding the competence of the Revenue Minister to de-notify the land was rendered moot as the de-notification was void due to the prior vesting of the land in the State. [Para 14]

Final Decision - Appeal Dismissed - Compensation - The appeals were dismissed with the clarification that the appellants are entitled to compensation as determined under the Land Acquisition Act, 1894. [Para 15]

Civil Procedure - Impleadment of Parties - Civil Appeal against High Court's review order recalling its earlier decision on impleadment of a neighbor in a suit - Suit filed by plaintiff for declaration and injunction against Greater Hyderabad Municipal Corporation's notice under Section 452 of the Hyderabad Municipal Corporation Act, 1955 - Neighbor sought to be impleaded claimed interference with right to light and air due to plaintiff's construction - Trial court allowed impleadment - High Court initially upheld trial court's decision but later reviewed and recalled the order on reconsideration of merits - Supreme Court held that High Court exceeded its review jurisdiction by reconsidering merits - Review jurisdiction limited to mistakes apparent on face of the record, not for rehearing on merits - High Court's impugned order set aside - Appeals allowed. [Paras 1-12]

Review Jurisdiction - Scope and Limits - Held - Review jurisdiction is limited and cannot be used as an appeal in disguise - Only mistakes apparent on the face of the record can be corrected - High Court's reconsideration of the merits of the case during review was flawed and beyond jurisdiction. [Para 9-11]

Decision - Impleadment of Neighbor in Suit - High Court's order recalling its earlier decision on impleadment set aside - Neighbor deemed necessary and proper party due to potential infringement of right to light and air - Appeals allowed, original impleadment upheld. [Paras 10-12]

Land Acquisition - Quashing of Denotification - Doctrine of Lis Pendens - Appeal against High Court's affirmation of Single Judge's quashing of Revenue Minister's order denotifying land acquisition – Preliminary notification under Section 4(1) and declaration under Section 6 of Land Acquisition Act, 1894 issued – Land initially denotified under Section 48(1) without hearing the Society benefiting from the acquisition – Supreme Court quashed initial denotification due to lack of hearing and lack of justification – Petitioners purchased land during pendency of appeal - Petitioners sought re-denotification after purchase - High Court quashed re-denotification by Revenue Minister – Held, doctrine of lis pendens applies; Petitioners bound by pending litigation outcomes - Once possession is taken, land vests irrevocably in State – Re-denotification during litigation or after possession is invalid - Appeals dismissed. [Paras 1-15]

Doctrine of Lis Pendens - Analysis - Applicability - Purchasers of land during pendency of appeal cannot claim rights contrary to final court decisions – Doctrine aims to prevent alienation that circumvents court's jurisdiction – Purchasers pendente lite bound by decree – Alienation after notification under Section 4(1) is void against State. [Paras 6-11]

Effect of Court's Prior Judgment - Quashing of Denotification - Court's prior quashing of initial denotification order upheld due to violation of principles of natural justice and lack of justification – Revival of acquisition proceedings – Possession by State makes re-denotification invalid - Petitioners entitled to compensation as per the Land Acquisition Act, 1894. [Paras 12-15]

Decision - Dismissal of Petitions - Supreme Court dismisses the petitions, holding that petitioners are bound by the doctrine of lis pendens and that the re-denotification order by the Revenue Minister is invalid due to prior possession by the State - Petitioners entitled to compensation under the Land Acquisition Act, 1894. [Para 15]

Constitutional Law - Judicial Review - Scope and Powers - The Appellant (APMC) challenged the Division Bench judgment of the Gujarat High Court which dismissed their Special Civil Application and vacated interim relief. The Supreme Court held that the High Court erred in its approach by not considering the merits of the petition and the validity of Rule 48(2) of the Gujarat Agricultural Produce Markets Rules, 1965, in the context of the amended Section 28 of the Gujarat Agricultural Produce Markets Act, 1963. [Paras 1-7]

Agricultural Produce Markets - Levy of Market Fees - Legal Provisions and Validity - The Supreme Court examined the provisions of Section 28 of the Gujarat Agricultural Produce Markets Act, 1963, and Rule 48(2) of the Rules. The Court held that the power of APMC to levy market fees was justified under the Act. The impugned Rule 48(2) was directed to be examined afresh for its validity concerning the amended provisions of the Act. [Para 3, 5]

Interim Relief - Directions and Compliance - The Supreme Court restored the interim directions given by the learned Single Judge of the High Court directing Biotor Industries Ltd. to deposit 50% of the demanded market fees. The respondents were instructed to comply with the interim order within two weeks from the receipt of the judgment. [Para 7]

Decision - Remand to High Court - Examination of Rule Validity - The Supreme Court set aside the judgment of the Gujarat High Court and remanded the matter to the High Court for a fresh examination of the validity of Rule 48(2) and the impugned order of the Revisional Authority. The High Court was directed to place the matter before a Single Judge for a detailed examination. The Civil Appeal was allowed, and the interim directions given by the learned Single Judge were restored. [Para 6-7]

Constitutional Law - Judicial Review - Scope and Powers - The Appellant (APMC) challenged the Division Bench judgment of the Gujarat High Court which dismissed its Letters Patent Appeal and allowed the appeal of the Respondent-Company (Biotor Industries Ltd.). The Supreme Court held that the High Court erred in its approach by not properly considering the merits of the petition and the applicability of Rule 48(2) of the Gujarat Agricultural Produce Markets Rules, 1965. The Division Bench's judgment was set aside. [Paras 1-19]

Agricultural Produce Markets - Levy of Market Fees - Legal Provisions and Validity - The Supreme Court examined Section 28 of the Gujarat Agricultural Produce Markets Act, 1963, and Rule 48(1) and (2) of the Rules. It held that the APMC was justified in levying market fees on castor seeds bought within the market area. The impugned Rule 48(2) was not applicable as argued by the Respondent-Company. [Paras 9-15]

Interim Relief - Directions and Compliance - The Supreme Court restored the interim directions given by the learned Single Judge of the High Court directing Biotor Industries Ltd. to deposit 50% of the demanded market fees. The respondents were instructed to comply with the interim order within two weeks from the receipt of the judgment. [Para 7]

Decision - Remand to High Court - Examination of Rule Validity - The Supreme Court set aside the judgment of the Gujarat High Court and remanded the matter to the High Court for a fresh examination of the validity of Rule 48(2) and the impugned order of the Revisional Authority. The High Court was directed to place the matter before a Single Judge for a detailed examination. The Civil Appeal No. 3130 of 2008 was allowed, and the interim directions given by the learned Single Judge were restored. The Civil Appeal No. 3131 of 2008 was dismissed, affirming the order of the Division Bench of the High Court on the levy of market fee on de-oiled cake. [Paras 19-21]

Civic Amenity Site - Conversion and Use - Statutory Interpretation - The Appellants challenged the judgment of the Karnataka High Court which set aside the allotment of Civic Amenity (CA) Site No. 2 for a petrol pump. The Supreme Court held that the High Court correctly interpreted Section 38A of the Bangalore Development Authority (BDA) Act, 1976, which mandates that once an area is reserved for a particular civic amenity, it cannot be diverted to another use. The conversion of the site originally earmarked for a park/playground, then bank, and finally a petrol pump was found to be contrary to the legislative intent and statutory provisions. [Paras 1-17]

Civic Amenity - Definition and Legal Constraints - The Supreme Court reaffirmed that any change in the user of a civic amenity site must adhere to the statutory provisions and the intended purpose for which the site was reserved. The Court noted that Section 38A(1) allows transfer only for the same reserved purpose, and any disposition for a different purpose is null and void under Section 38A(2). The High Court's interpretation was consistent with the law laid down in earlier cases, including Bangalore Medical Trust v. B.S. Muddappa. [Paras 12-14]

Rule vs. Statute - Hierarchical Supremacy - The Supreme Court clarified that Rule 3 of the Bangalore Development Authority (Civic Amenity Site) Allotment Rules, 1989, cannot override the statutory provisions contained in Section 38A of the BDA Act, 1976. The rule reiterates the statutory provision and does not permit the conversion of civic amenity sites to other uses without proper amendment to the development plan. [Para 14]

Judicial Precedent - Applicability - The Supreme Court distinguished the present case from Aicoboo Nagar Residents Welfare Association v. Bangalore Development Authority, noting that the previous case dealt with the legality of allotment of a civic amenity site without specific reserved purpose. The present case involved a site specifically earmarked for a bank, which was improperly converted to a petrol pump. [Paras 18-19]

Decision - Appeals Dismissed - The Supreme Court dismissed the appeals, upholding the Karnataka High Court's decision to set aside the allotment of the CA Site No. 2 for a petrol pump, affirming that the conversion was contrary to the statutory requirements and legislative intent. [Para 19]