Property Law – Saleability of Flats – Appellant company challenged the attachment and sale of a flat mortgaged by a shareholder (Respondent No. 5) – Court held that a shareholder's right to occupy a flat is a species of property and thus transferable and mortgageable – Articles of Association of the company cannot restrict this right [Paras 10-14].

Articles of Association – Non-Statutory Nature – Court noted that Articles of Association do not have the force of a statute and cannot prohibit the transferability or mortgage of a shareholder's interest in the flat [Paras 13-14].

Right of Pre-emption – Appellant company entitled to right of pre-emption but not at a value lesser than the market value of the flat at the time of sale – High Court's directions affirmed [Para 15].

Decision:

Appeal dismissed – High Court's order upholding the attachment and sale of the flat affirmed – Appellant's right of pre-emption maintained at market value [Para 16].

Civil Procedure – Review and Clarification – Appellants challenged the High Court’s clarification order in a review application, which allowed RMOs additional weightage within the 40% open category seats for MD course admissions – Supreme Court upheld the High Court's order on the basis that appellants' admissions were not adversely affected [Paras 2-8].

Academic Matters – Time Sensitivity – Court emphasized the need for timely action in academic matters – Rejected the application for impleadment due to delayed filing, highlighting the necessity of strict adherence to time limits in academic disputes [Para 7].

Legal Questions – Reserved for Future – Court decided not to settle the broader legal questions regarding the High Court's order, restricting the application of the order to the specific facts of the case [Para 8].

Decision:

Appeal dismissed – High Court’s order upheld – Application for impleadment dismissed – Broader legal questions left open for future consideration [Para 9].

Negotiable Instruments Act – Dishonor of Cheque – Time-Barred Action – Appellant presented four cheques which were dishonored – After initial dishonor, cheques were re-presented and dishonored again – Appellant issued a fresh notice and filed a complaint – Supreme Court held that prosecution based on second or successive dishonor of a cheque is permissible provided statutory conditions are met [Paras 2-10].

Legal Precedents – Overruling Prior Decisions – Supreme Court overruled the decision in Sadanandan Bhadran v. Madhavan Sunil Kumar which held that prosecution must be initiated upon the first dishonor of a cheque – New ruling allows for prosecution on subsequent dishonors if statutory requirements are satisfied [Para 10].

Decision:

Appeals allowed – High Court’s order set aside – Prosecution based on the second or successive dishonor of cheques upheld as permissible under the Negotiable Instruments Act, 1881 [Para 11].

Criminal Law – Death Penalty – Appellant convicted for murdering his wife and two sons with scissors, and attempting to murder his daughter – Trial court sentenced appellant to death under Section 302 IPC and life imprisonment under Section 307 IPC – High Court confirmed the sentences – Supreme Court examined the application of Section 354(3) of CrPC and the rarest of rare doctrine – Held, circumstances did not warrant death penalty; sentences modified to life imprisonment and seven years for respective offenses [Paras 1-29].

Murder and Attempt to Murder – Facts and Evidence – Appellant, a tailor, under financial and emotional stress due to his son's illness, killed his wife and sons, and attempted to kill his daughter, who survived and testified – Medical and forensic evidence corroborated her testimony – Supreme Court reviewed evidentiary support and upheld the conviction but reconsidered the death penalty [Paras 8-11, 25].

Mitigating Factors – Poverty and Emotional Distress – Supreme Court considered appellant's socio-economic conditions and the psychological strain leading to the crime – Referenced jurisprudence on mitigating factors, including poverty, lack of premeditation, and potential for reform – Emphasized legislative shift towards life imprisonment as the norm and death penalty as the exception [Paras 15-26].

Judicial Discipline and Comity – Importance of adhering to binding precedents – Review of previous cases influencing death penalty – Supreme Court underscored the need for judicial comity and the careful application of guidelines for sentencing in capital cases [Paras 16-18].

Decision – Appeals allowed in part – Conviction under Sections 302 and 307 IPC upheld – Death sentence modified to life imprisonment, with an additional seven-year term for attempt to murder – Clarification on consecutive running of sentences in case of remission or commutation [Paras 27-29].

School Tribunal – Appeal Against Supersession – Appellant appointed as Headmaster, approved by the Education Officer – Respondent No. 1, a former in-charge Headmaster, filed an application challenging the appointment after nearly 10 years – School Tribunal dismissed the application for condonation of delay – High Court remanded the matter to Tribunal, holding limitation provisions inapplicable – Supreme Court set aside High Court’s order, emphasizing the necessity of reasonable time even if no limitation is prescribed [Paras 1-8].

Limitation and Delay – Application of Reasonable Time – Supreme Court held that even in absence of a specific limitation period in the statute, an appeal must be filed within a reasonable time – Noted inordinate delay of 9 years and 11 months as unreasonable – Referred to precedents underscoring the importance of timely pursuit of legal remedies [Paras 7-8].

Decision – Appeal allowed – High Court order set aside – Tribunal’s order dismissing the application for condonation of delay affirmed [Para 8].

Negotiable Instruments – Cheque Dishonor – Appellant’s complaint under Section 138 of the Negotiable Instruments Act against respondents for cheque dishonor due to stop payment instructions – Respondents offered to settle the cheque amount with interest, which appellant refused – High Court quashed the complaint ex-parte and later dismissed appellant's recall application – Supreme Court upheld High Court's decision, emphasizing the Act's primary objective to ensure payment and maintain instrument efficacy [Paras 1-13].

Criminal Procedure – Application of Section 482 – High Court exercised its inherent power under Section 482 CrPC to quash the complaint and related proceedings – Supreme Court observed the complaint quashing was valid due to lack of sufficient cause for appellant’s non-appearance and substantial delay in appeal filing [Paras 5-13].

Equitable Relief – Settlement of Disputed Amount – Supreme Court directed respondents to make a payment of Rs. 5 lakhs, including interest and compensation, to appellant – Appellant's refusal to accept settlement not justified under the circumstances – Court stressed fairness and substantial justice [Paras 11-12].

Decision – Appeals dismissed – First appeal dismissed on merits; second appeal dismissed due to delay and on merits – Respondents directed to pay Rs. 5 lakhs to appellant, covering the cheque amount, interest, and compensation [Paras 13].

Street Vendors – Fundamental Rights – Appeals addressing the rights of street vendors under Article 19(1)(g) of the Constitution – Issues of regulation, harassment by authorities, and demarcation of hawking zones – Supreme Court emphasized the need for a legal framework to protect vendors while maintaining public order and hygiene [Paras 1-5, 14-15].

Implementation of National Policy – Directions issued for the implementation of the 2009 Policy on Urban Street Vendors – Constitution of Town Vending Committees (TVCs) at city/town level – Registration and regulation of street vendors – Equitable allocation of vending spaces – Protection against eviction and harassment [Paras 15-16].

Judicial Monitoring – Lifting of embargo on High Courts from entertaining related matters – High Courts directed to monitor implementation – Establishment of dedicated benches for street vending issues – Emphasis on participatory approach involving stakeholders [Paras 14-17].

Decision – Appeals and IAs disposed of with directions – Implementation of 2009 Policy mandated – Parties allowed to approach jurisdictional High Courts for grievances – Interim protection for existing vendors until completion of registration and zoning process [Paras 16-19].

Freedom Fighters Pension – Validity of Claims – Respondents claimed participation in freedom movement under the "Underground Freedom Fighters" category – Applications supported only by affidavits of other freedom fighters – State Government rejected claims due to non-compliance with documentary requirements under the scheme – High Court allowed the claims based on affidavits and recommendations by Zilla Gourav Samiti – Supreme Court held that compliance with scheme requirements essential; mere affidavits insufficient [Paras 1-24].

Standard of Proof – Principle of Probability – Claims for freedom fighters pension to be evaluated with sympathy and a liberal approach, applying the principle of probability rather than strict proof beyond reasonable doubt – However, adherence to scheme requirements necessary for maintaining authenticity and preventing misuse – High Court’s re-evaluation of evidence and setting aside government orders was beyond its jurisdiction [Paras 14-19].

Decision – Appeals allowed – High Court’s orders set aside – Writ Petitions dismissed – Emphasis on requirement of documentary proof as per the scheme to substantiate claims for Freedom Fighters Pension [Para 24].

Criminal Law – Conviction and Sentencing – Appellant convicted for cruelty under Section 498A and abetment of suicide under Section 306 IPC – Relationship with co-accused alleged as extramarital, leading to mental harassment of the deceased – Sessions Court convicted; High Court modified sentences – Supreme Court examined whether the extramarital relationship constituted cruelty and abetment [Paras 2-6, 8-12, 17-19, 22].

Evidence and Presumption – Section 113A of Evidence Act – Presumption as to abetment of suicide by a married woman within seven years of marriage – Prosecution failed to prove that the alleged extramarital affair drove the deceased to suicide – No evidence of physical or mental torture by appellant demanding dowry – Presumption under Section 113A rebutted [Paras 8, 22-24].

Suicide Note – Deceased exonerated appellant in the suicide note – Note indicated no direct harassment or abetment by appellant – Stressed her possessiveness and emotional stress rather than cruelty by appellant [Para 27].

Decision – Appeal allowed – Conviction and sentence under Sections 498A and 306 IPC set aside – Appellant acquitted and set at liberty [Para 29].