Tenancy Law - Landlord-Tenant Relationship – Concurrent Findings of Fact – High Court’s Reversal Unsustainable - The Trial Court and First Appellate Court had concurrently held that the plaintiff, as the legally adopted son of the original owner, was the landlord and the defendant was a tenant – The defendant’s claims of adverse possession and oral gift were rejected for lack of evidence – The High Court reversed these findings despite no substantial question of law being involved – Held: Findings of fact, particularly regarding tenancy and possession, could not be disturbed in Second Appeal unless they were perverse, which was not the case here – High Court erred in assuming First Appeal jurisdiction and interfering with well-reasoned concurrent findings [Paras 6-10].

Adverse Possession – Mere Long Possession Not Sufficient – No Evidence of Hostile Claim - The defendant claimed ownership of the suit premises through adverse possession and oral gift – The Supreme Court reiterated that mere long possession does not result in adverse possession unless hostile animus is proved – Held: The defendant's possession was permissive in nature, and he failed to establish open, continuous, and hostile possession necessary to claim adverse possession – No valid title could pass through an oral gift in the absence of a registered deed [Paras 3.4-3.6, 10].

Scope of Second Appeal – High Court's Jurisdiction Under Section 100 CPC – Interference Unwarranted - The Supreme Court emphasized that under Section 100 CPC, the High Court can interfere only when a substantial question of law arises – In this case, the High Court framed questions that merely reassessed facts already settled by the lower courts – Held: The High Court's decision to re-evaluate factual findings was legally unsustainable, and the Second Appeal should have been dismissed [Paras 6-7].

Decision – Appeal Allowed – High Court’s Order Set Aside – Eviction Decree Restored - The Supreme Court set aside the High Court’s order and restored the eviction decree – Held: The defendant (tenant) must vacate the premises within three months and clear all arrears, including rent and utilities, within the same period – Non-compliance will result in execution proceedings [Para 12].

Criminal Law – Transfer of Criminal Cases – Negotiable Instruments Act – Territorial Jurisdiction for Cheque Dishonour Cases – Complaint Validly Filed in Chandigarh - The petitioner contended that no cause of action arose in Chandigarh and that the complaint should have been filed in Coimbatore—Court held that under Section 142(2)(a) of the NI Act, the jurisdiction to file a complaint vests in the court where the payee’s bank branch is situated—Held: Kotak Mahindra Bank’s collection center in Chandigarh conferred jurisdiction on the courts there—Decision: Transfer petition dismissed; complaint to proceed in Chandigarh [Paras 3, 58-63].

Negotiable Instruments Act – Territorial Jurisdiction – Section 142(2) – Court examined precedents, including Dashrath Rupsingh Rathod v. State of Maharashtra (2014) 9 SCC 129 and Bridgestone India Pvt. Ltd. v. Inderpal Singh (2016) 2 SCC 75 – Section 142(2)(a) clarifies that jurisdiction lies where the cheque is presented for collection at the bank of the payee – Explanation to Section 142(2)(a) deems the cheque to be presented where the payee maintains an account – The enactment of Section 142-A further validates the territorial jurisdiction of courts based on cheque collection location [Paras 14-27, 56-62].

Transfer of Cases – Principles under Section 406 CrPC – Transfer under Section 406 CrPC requires proof of circumstances “expedient for the ends of justice” – Mere inconvenience to the accused in attending proceedings is not a valid ground for transfer – Court must balance various factors, including comparative hardships, risk of influence on witnesses, and public interest – Petitioner’s reliance on convenience and language barrier was insufficient to warrant transfer [Paras 28-35, 47-49, 64-65].

Judicial Precedents – Limited Scope of Transfer in Cheque Bounce Cases – Court relied on Yogesh Upadhaya v. Atlanta Ltd. (2023 SCC OnLine SC 170), which affirmed the non obstante clause in Section 142(1) of the N.I. Act does not override Section 406 CrPC – Emphasized that jurisdiction in cheque bounce cases is determined by statutory provisions and cannot be overridden merely based on party preferences – Rajkumar Sabu v. Sabu Trade Pvt. Ltd. (2021 SCC OnLine SC 378) reiterated that overlapping civil and criminal proceedings do not justify transfer – Nahar Singh Yadav v. Union of India (2011) 1 SCC 307 held that transfer should be ordered only in exceptional cases where fair trial is genuinely at risk [Paras 36-46, 50-55].

Decision – Transfer Petition Dismissed – No Grounds for Transfer – Petition dismissed – No substantial grounds made out for transfer under Section 406 CrPC – Held: Chandigarh court has jurisdiction as per Section 142(2)(a) N.I. Act – Petitioner's claim of inconvenience and language barrier not sufficient for transfer – Open to petitioner to seek exemption from personal appearance or attend proceedings virtually [Paras 66-68].
 

Election Law – Discrepancy in Vote Counting – Justification for Recount – Appellant, a candidate for ‘Gram Pradhan,’ challenged election results due to inconsistencies in votes cast and counted – Polling booths 43, 44, and 45 recorded 1,194 votes cast as per oral communication from the Presiding Officer, but official Form 46 showed 1,213 votes – Allegation that 19 extra votes were illegally inserted – High Court set aside the order for recount, citing lack of documentary evidence – Supreme Court held that unexplained discrepancies in vote count justify recount to maintain election integrity [Paras 4-7, 14-18].

Electoral Fairness – Missing Election Records – Adverse Inference – Appellant sought official records under the Right to Information Act, 2005 – Assistant Election Officer failed to produce the ‘Matpatra Lekha’ and Presiding Officer’s Diary, citing inability to locate them – Supreme Court held that the missing records raise serious doubts regarding electoral transparency and warrant recounting – Held: Electoral documents must be preserved and made available for scrutiny in case of disputes [Paras 5.3, 16-17].

Legal Framework for Recount – Standards Under Election Law – Court reiterated that recount orders must satisfy two conditions:
(1) Material facts must establish specific irregularities, and
(2) There must be prima facie evidence to justify recounting – Cited precedents where recount was ordered only in cases of concrete discrepancies – Applied these principles to hold that the Sub-Divisional Magistrate’s recount order was legally sound and High Court erred in interfering [Paras 12-14].

Decision – Appeal allowed – Judgment of the Allahabad High Court in Writ-C No. 35734 of 2022 set aside – Sub-Divisional Magistrate’s order for recounting votes in Booth Nos. 43, 44, and 45 restored – Registrar General of the High Court directed to ensure compliance – Pending applications disposed of [Paras 19-20].
 

Criminal Law - Preventive Detention – Non-Application of Mind – Order Quashed - The detenu was detained under Section 3(1) of the COFEPOSA Act for alleged involvement in a gold smuggling syndicate – The detention order cited multiple grounds, including past involvement in smuggling and a previous narcotics conviction – The Supreme Court held that there was a lack of independent application of mind as the detaining authority mechanically included all four grounds under Section 3(1) without distinction – Held: Preventive detention cannot be sustained where the order reflects a blanket approach without analyzing the role of the detenu in each alleged activity separately [Paras 4-8].

Live Link Between Past Offenses and Preventive Detention – No Justification – Detention Unwarranted - The detaining authority cited a narcotics case from over a decade ago to justify the detention order – The Supreme Court found that there was no connection between the old case and the alleged current smuggling activities – Held: The absence of a proximate and live link between past offenses and the preventive detention order renders the detention illegal – A person cannot be detained based on past allegations unless there is a clear and present danger of recurrence [Paras 10-11].

Failure to Consider Bail Conditions – Violation of Constitutional Safeguards – Detention Set Aside - The detenu had been granted bail by the Magistrate with strict conditions aimed at preventing further smuggling activities – The Supreme Court observed that the detaining authority failed to consider whether these bail conditions were sufficient to neutralize the threat posed by the detenu – Held: When a court has already imposed stringent bail conditions, the detaining authority must record specific reasons why such conditions are inadequate to prevent further offenses – The detention order was set aside due to this failure [Paras 14-19].

Decision – Appeal Allowed – Detention Order Quashed – Immediate Release Ordered - The Supreme Court found that the detention order suffered from non-application of mind, lack of a live link with past offenses, and failure to consider bail conditions – Held: The detention order is quashed, and the detenu is to be released immediately if still in custody [Para 22].

Temple Management Dispute – Jurisdiction of Civil Court Prevails Over Executive Orders – The dispute over the control of Shri Khereshwar Mahadev Va Dauji Maharaj Temple was pending before the civil court, with an injunction maintaining the status quo – The Allahabad High Court directed the District Magistrate and Sub-Divisional Magistrate to implement an earlier executive order transferring the temple to the Gram Sabha – Held: When civil litigation is pending, the executive authorities cannot decide ownership or possession disputes; the High Court erred in overriding the civil court’s jurisdiction [Paras 6-9, 14].

Gram Sabha’s Authority Over Public Property – Procedural Non-Compliance – The respondents relied on Sections 34 and 35 of the Uttar Pradesh Panchayat Raj Act, 1947, to claim Gram Sabha’s management rights over the temple – The Supreme Court held that for the Gram Sabha to initiate legal proceedings, a formal resolution was required under paragraph 128 of the Gram Sabha Manual – Held: Since no such resolution was passed, the writ petition was not maintainable at the instance of the Gram Pradhan in her personal capacity [Paras 10, 15].

Failure to Consider Prior Judicial Orders – High Court’s Erroneous Approach – The High Court disregarded prior orders of the Additional District Judge, which had recognized the civil court’s jurisdi’tion and directed a status quo – The Supreme Court found that the High Court failed to reference or consider these judicial findings – Held: High Courts must ensure that orders do not contradict existing judicial decisions, particularly in pending litigation [Paras 12-14].

Public Interest Litigation in Private Disputes – Limits on Writ Jurisdiction – The Supreme Court observed that the High Court treated the writ petition as a public interest litigation despite its private nature – Held: A dispute over temple management between two rival committees does not constitute a public interest matter warranting extraordinary jurisdiction under Article 226 [Paras 15-16].

Directions for Expeditious Disposal of Civil Suit – Status Quo to Continue – The Supreme Court set aside the High Court’s order and directed the Additional Civil Judge, Senior Division, Aligarh, to decide the pending civil suit within six months – Till then, the interim order maintaining the status quo would continue [Paras 17-19].

Decision: Appeal allowed. The High Court’s order was set aside, and the civil court was directed to resolve the dispute within six months.

Criminal Law – Appeal against Conviction - Abetment of Suicide – Essential Elements – Absence of Proximate Incitement – Conviction Set Aside – For an offence under Section 306 IPC, there must be clear evidence of instigation or active participation in the act of suicide – Mere allegations of harassment, without direct incitement, are insufficient to establish abetment – In this case, no act of the accused was proximate to the suicide or of such nature that it left the deceased with no alternative but to take his life – Held: Conviction under Sections 306 and 114 IPC is unsustainable and is accordingly set aside [Paras 22, 25, 45].

Suicide Note – Delay in Production – Lack of Authentication – Cannot be Sole Basis for Conviction – The alleged suicide note was produced 20 days after the incident, raising doubts regarding its authenticity – Handwriting expert was not examined in court, and no independent verification was conducted – Held: The suicide note, being highly suspect and uncorroborated, cannot be relied upon to establish abetment [Paras 31-34, 40-42].

Criminal Jurisprudence – Prosecution’s Failure to Prove Guilt Beyond Reasonable Doubt – Benefit of Doubt Given to Accused – In criminal trials, the burden is on the prosecution to prove guilt beyond a reasonable doubt – The prosecution failed to establish a continuous and unbroken chain of evidence linking the accused to the suicide – Lack of recovery of blackmail material, poison container, or other corroborative evidence weakens the case – Held: Prosecution failed to prove the charge beyond reasonable doubt—Accused entitled to benefit of doubt—Acquittal granted [Paras 36, 38, 45-46].

Decision – Appeal Allowed – Conviction and Sentence Set Aside – The Supreme Court found serious inconsistencies in witness testimonies and a lack of direct evidence linking the accused to the abetment of suicide – The suicide note, which formed the primary basis of conviction, was found unreliable due to delayed production and absence of authentication – No proximate act of incitement by the accused was established – Held: The conviction and sentence imposed by the trial court and upheld by the High Court are set aside – The accused are acquitted – Bail bonds stand discharged [Para 46].

Civil Law - Contempt of Court – Violation of Undertaking – Appellants Held Guilty of Disobedience – The appellants’ counsel gave an undertaking before the Trial Court on 11th July 2007 and 13th August 2007 that they would not alienate the suit property – The undertaking was later made into a court order on 17th November 2007 and extended periodically – Despite this, the appellants executed multiple sale deeds between 2007 and 2011 – Held: The High Court rightly held the appellants guilty of contempt for willful disobedience of the undertaking given to the court [Paras 3, 6, 12].

Plea of Lack of Authorization – Rejected – Advocates’ Authority in Court Proceedings – The appellants argued that their counsel gave the undertaking without express authorization – The Court rejected this claim, holding that an advocate-client relationship is fiduciary in nature, and any statement made before the court is binding unless proven otherwise – Held: The appellants’ inaction for four years after the undertaking was given showed that they accepted it – No evidence was presented to show that the counsel acted beyond his authority [Paras 9-11].

Contempt Jurisdiction – Justified Exercise – Orders of the Court Must Be Obeyed – The Court reaffirmed that contempt jurisdiction exists to uphold the dignity of the judiciary and enforce compliance with court orders – Even if an injunction order is later set aside, disobedience during its validity remains punishable – Held: The High Court correctly exercised contempt jurisdiction in punishing the appellants for disregarding their undertaking and violating the court’s authority [Paras 7, 13].

Decision – Appeal Partly Allowed – Imprisonment Deleted, But Fine Enhanced – The Supreme Court modified the High Court’s order – The three-month civil imprisonment imposed on appellant No.1 was deleted due to advanced age (68 years) – However, the fine was increased from Rs.10 lakhs to Rs.13 lakhs with 6% interest from 2nd August 2013 – The attachment of the suit property remained undisturbed [Paras 14-15].

Criminal Law - Murder – Dying Declaration – Conviction Under Section 302 IPC Sustained – The deceased suffered a fatal gunshot wound and, before succumbing, named the accused as his assailants before PW-1 (his wife) and PW-2 (his brother) – Both witnesses provided consistent testimonies regarding the deceased’s statement – Held: The dying declaration was credible and reliable, forming the basis for conviction under Section 302 read with Section 34 IPC [Paras 6-9, 14].

Dying Declaration – No Requirement for Medical Certification – Admissibility Upheld – The defense argued that no dying declaration was recorded by the doctor – The Court held that a formal medical certification is not mandatory for the admissibility of a dying declaration – The spontaneous and voluntary nature of the statement to close family members was sufficient to establish its reliability – Held: Absence of medical certification does not affect the validity of a dying declaration [Paras 7, 10].

Ballistic Report – Failure to Match Bullet with Firearm – Not Fatal to Prosecution’s Case – The forensic report was inconclusive regarding whether the bullet extracted from the deceased's body was fired from the recovered pistol – However, since the dying declaration was credible, this forensic gap did not undermine the case – Held: Conviction can be based on a dying declaration alone if found reliable, even in the absence of corroborating forensic evidence [Paras 13, 15].

Common Intention – Presence of Accused Nos. 2 and 3 at Crime Scene – Section 34 IPC Attracted – The deceased identified three accused, stating they were present when accused No.1 shot him – The Court held that their presence and conduct supported the prosecution’s case of common intention under Section 34 IPC – Held: The conviction of all accused was justified as they shared a common intention in committing the crime [Paras 16-17].

Decision – Appeals Dismissed – Conviction and Sentence Confirmed – The Supreme Court found no error in the Trial Court and High Court’s findings – The appeals were dismissed – Accused directed to surrender within one month to serve the remainder of their sentence – Directed that when eligible, their remission applications be considered expeditiously [Paras 18].

Land Acquisition – Belting Method – Improper Application – Belting principle applied by the Reference Court and affirmed by the High Court – Held: Inappropriate in the present case as no evidence proved distinct belts or potential for differential use within the acquired land – The entire land was homogeneous and similar in nature – Belting method discarded [Paras 22-24].

Comparable Sale Instances – Reliance on Pre-Acquisition Sale Deeds – High Court enhanced compensation based on three sale instances prior to the date of notification – Held: The sale deeds were genuine and could be relied upon as the transactions were between willing parties and proximate in time – Adjustment towards development potential considered appropriate [Paras 26-31].

Deduction for Development Charges – Applicability – DDA argued for 50% deduction citing undeveloped nature of land – Held: Deduction reduced to 33.33% as the land was located near developed colonies and urban infrastructure – Supreme Court considered ground realities and likelihood of moderate development expenses [Paras 32-35].

Interest under Section 28 – Delay in Payment – High Court granted interest for delayed payment of enhanced compensation – Held: Properly granted as delay was attributable to the appellant – No interference warranted [Paras 36-38].

Final Compensation – Moderate Enhancement – Supreme Court partly allowed the appeal by reducing deduction from 50% to 33.33%, resulting in modified compensation – The rest of the judgment, including reliance on comparable sale deeds and grant of interest, upheld [Paras 39-40].

Decision – Appeal Partly Allowed – Compensation Recalculated – Supreme Court modified the compensation by reducing the deduction percentage and upheld the grant of interest on enhanced compensation [Para 40].