Facts:

The appellant, a Zilla Parishad member, was disqualified by the District Collector-cum-Presiding Officer due to alleged violation of party whips in an election. The appellant challenged the disqualification through various legal channels, leading to conflicting interim orders by different courts. The matter was brought before the Supreme Court for final adjudication.

Issues:

Whether the interim orders issued by the High Court were legally sustainable.

Whether the appellant's disqualification from the post of Chairperson was valid.

Whether the Division Bench's directions to remove the appellant from office were justified.

Held:

The Court held that the interim orders issued by the Division Bench of the High Court were legally unsustainable. The court emphasized that the District Court was empowered to pass appropriate interim orders regarding the appellant's disqualification until the election petitions were disposed of. The court found that the appellant's assumption of office as Chairperson, pursuant to the order of the Single Judge, was valid. The Division Bench's direction to remove the appellant from office and appoint the Vice-Chairperson in his place was deemed untenable and perverse. Consequently, the Supreme Court set aside the impugned order and directed that the election petitions be decided within three months. All pending appeals and petitions before the High Court were disposed of accordingly.

Facts:

The case involved accused individuals who allegedly availed loans from multiple banks by submitting forged documents. FIRs were filed against them, leading to criminal proceedings.

Issues:

Whether settlements between the accused and banks justify the quashing of criminal proceedings, the validity of the accused's claim of ignorance regarding transactions, and the applicability of inherent jurisdiction to quash proceedings.

Held:

The Court rejected the accused's claim of ignorance and emphasized that lack of awareness, knowledge, or intent is not a valid defense in economic offenses. The offense remains gender-neutral, and the gender of the accused cannot influence the application of criminal law.

The Court underscored the seriousness of financial crimes, noting their societal impacts and the grave consequences for institutions and society at large. It emphasized the importance of ensuring a speedy trial for such offenses and rejected the principle of quashing proceedings merely to reduce the load on the justice system.

Conclusion: The Supreme Court allowed the appeal, set aside the High Court's order, and directed the trial magistrate to proceed with the case in accordance with the law.

Facts:

The case involves allegations of cruelty and harassment against the appellants, who are the mother-in-law and sister-in-law of the deceased. The deceased faced significant mistreatment from her husband and in-laws, leading to her death by consuming poison. The prosecution contended that the accused subjected the deceased to cruelty due to dowry demands and other issues, ultimately leading to her suicide. The trial court and the High Court convicted the appellants under Sections 498A and 306 of the IPC based on the evidence presented.

Issues:

Whether the courts below correctly convicted and sentenced the accused for the offenses under Sections 498A and 306 of the IPC?

What is the appropriate order to be passed based on the evidence and legal arguments presented?

Held:

The court upheld the conviction under Section 498A for cruelty, as ample evidence was presented to establish the harassment faced by the deceased. However, the court found that the prosecution failed to prove beyond reasonable doubt that the accused abetted the deceased in committing suicide, as per Section 306 of the IPC. Therefore, the conviction and sentence under Section 306 were set aside. The court modified the sentence for the offense under Section 498A, considering the age and circumstances of the accused, directing that the period already spent in custody would suffice as punishment.

Facts:

The case involved a reassessment notice issued under section 21(2) of the U.P. Trade Tax Act, 1948, dated March 13, 2002, seeking reassessment for the assessment year 1990-91, which had been completed on March 25, 1995.

Issues:

Whether the reassessment notice issued beyond the limitation period is valid under the amended proviso of section 21(2) of the U.P. Trade Tax Act, 1948?

Interpretation of the amended proviso and its implications for the assessment and reassessment under the Act.

Held:

The period of limitation for reassessment under section 21(1) and the first proviso is to be counted from the end of the relevant assessment year, i.e., March 31, 1991.

The amendment to the proviso on April 30, 2001, substituted the previous provision with "six years from the end of such year or March 31, 2002, whichever is later." Assessments or reassessments cannot be made after the expiry of six years, and the assessment cannot be made solely by March 31, 2002, irrespective of the assessment year.

The law in force in the assessment year is to be applied unless there is an amendment with retrospective operation. The amendment aimed to balance the interests of both the assessee and the revenue.

Decision: The initiation of reassessment was not valid as it was barred by limitation. Therefore, the appeals were allowed.

Facts:

The case pertains to Criminal Appeal Nos. 1187-1188 of 2015. The appellant, AG, sought recall of prosecution witnesses in a matter concerning the commission of rape.

Issues:

Whether recall of prosecution witnesses was justified at the stage when the statement of the accused had been recorded.

Whether the previous defense counsel's alleged incompetence warranted the recall of witnesses.

Whether the interest of society and expeditious trial in sensitive cases like rape should outweigh the convenience of recalling witnesses.

Held:

Emphasizes that while the advancement of justice is paramount, recall cannot be permitted merely for convenience. It underscores the presumption of competence for appointed counsel and warns against the potential consequences of allowing retrials on every change of counsel (Para 15, 16).

Highlights the urgency of fast-tracking trials in sensitive cases and questions the necessity of recalling witnesses based on counsel's alleged incompetence. It rejects the notion that the accused's suffering in custody justifies recall (Para 22, 26, 27).

Stresses the importance of a fair trial while considering the hardship on witnesses and the risk of undue delay. It criticizes the lack of specific reasons for recalling witnesses and asserts that recall should not be arbitrary (Para 27).

Disapproves of the High Court's decision to allow recall without sufficient justification, noting inconsistencies between the trial court's reasoning and the High Court's conclusion (Para 28).

Outlines reasons for disapproving the High Court's view, including the presumption of competent counsel, the urgency of expeditious trials, and the lack of prejudice to the accused if witnesses are not recalled (Para 29).

Sets aside the High Court's order and dismisses the application for recall of witnesses (Para 30).

Facts:

Miss Tapsi Rai, a 14-year-old patient, underwent surgery at Maharani Government Hospital due to abdominal pain. Despite the surgery, her condition worsened, and she died on the same day. A First Information Report (FIR) was filed by the patient's father, Surendra Nath Rai, alleging negligence against the doctors involved in the surgery.

Issues:

Whether prosecution against public servants for medical negligence requires sanction from the government, as per Section 197 of the Code of Criminal Procedure.

Held:

The court found that the doctors were discharging their public duties by performing surgery in a government hospital. Therefore, prosecution against them required sanction from the State Government, as per Section 197 of the Code of Criminal Procedure. As such, the court allowed the appeal, setting aside the lower court's order and granting relief to the appellants.

Facts:

H.S. Sidhu and Devendra Bapna were initially appointed as Assistant Directors and later promoted to Deputy Directors.

A dispute arose over the promotion to the position of Joint Director, with H.S. Sidhu ranked higher due to exceptional merit.

Legal challenges ensued, leading to writ petitions and appeals before the High Court and ultimately the Supreme Court.

Issues:

Whether the determination of seniority and promotion was in accordance with the relevant rules and principles.

The extent of judicial review over decisions made by promotion committees.

Held:

The Departmental Promotion Committee (DPC) had rightly considered exceptional merit in determining seniority and promotion, as per Rule 15(3) of the Madhya Pradesh Fisheries (Gazetted) Service Recruitment Rules, 1987.

The High Court erred in emphasizing seniority over exceptional merit and suitability.

H.S. Sidhu's promotion to the position of Director was valid, and he was entitled to arrears of salary from the date of his reversion to the post of Joint Director until his reinstatement as Director.

Devendra Bapna, having retired, would be treated as having retired from the post of Director and entitled to pensionary benefits.

The appeals were allowed, and the judgments of the High Court were set aside.

Facts:

The Uttar Pradesh State Cement Corporation Limited (the Corporation) was wound up on December 8, 1999. The retrenched employees of the Corporation sought absorption under the Uttar Pradesh Absorption of Retrenched Employees of Government or Public Corporations in Government Service Rules, 1991 (the 1991 Rules). The Single Judge referred to Rule 3(i) of the 1991 Rules which deals with the rights of retrenched employees. The Division Bench questioned the applicability of the 1991 Rules after the Rescission Rules of 2003 came into effect.

Issues:

Whether the retrenched employees were entitled to absorption into government service under the 1991 Rules or if their rights had ended with the Rescission Rules of 2003.

Held:

The Court criticized the Division Bench for delving into the analysis of earlier judgments when the matter had been settled by the court previously. It emphasized the importance of following precedents and judicial discipline. The Supreme Court directed the state government to absorb the retrenched employees within eight weeks and provide them with benefits such as seniority and increments. It also ordered payment of 40% of back wages to the appellants.

Facts:

Baljinder Pal Kaur, a former Assistant Sub Inspector with Punjab Police, appealed against her dismissal from service.

She was accused of accepting money and facilitating illegal immigration to the United States.

The departmental enquiry found her guilty, leading to her dismissal.

Despite being acquitted in the criminal trial, the court upheld her dismissal based on Rule 16.3 of Punjab Police Rules.

Issues:

Whether the dismissal from service based on departmental enquiry following acquittal in a criminal trial is lawful.

Held:

The court upheld the dismissal based on Rule 16.3 of Punjab Police Rules, which allows departmental punishment even after acquittal under certain conditions.

The standard of proof in a criminal case differs from that in a departmental proceeding.

Even if acquitted in a criminal case, an officer may still face departmental consequences.

The dismissal was deemed lawful as the departmental enquiry was conducted properly and based on evidence independent of the criminal trial.

The appeal was dismissed.