Striking Off Defence – Order XV Rule 5 CPC – Tenant Default – The tenant's failure to deposit rent and other charges as required under Order XV Rule 5 led to the striking off the defense by the trial court. The High Court set aside this order exercising its revisional jurisdiction under Article 227 of the Constitution. The Supreme Court restored the trial court's order, emphasizing that the tenant's consistent default justified the striking off of the defense [Paras 10-15].

Revisional Jurisdiction – High Court's Scope – Article 227 – The Supreme Court reiterated that the High Court should not interfere with concurrent findings of fact by lower courts unless there is a jurisdictional error or perversity. The High Court’s order lacked sufficient grounds to justify the interference with the well-reasoned orders of the lower courts [Paras 16-17].

Discretionary Power – Order XV Rule 5(2) CPC – The court highlighted the discretionary nature of the power under Order XV Rule 5(2), which allows the court to consider representations by the tenant regarding delays in rent payment. The trial court had properly exercised this discretion after noting several defaults by the tenant, thus justifying the striking off of the defense [Paras 11-12].

Decision: Appeal allowed – High Court order set aside – Trial court order striking off the defense restored.

Contract Law – Specific Performance – Agreement of Sale – The plaintiff sought specific performance of an agreement to sell immovable property. The trial court dismissed the suit, finding the plaintiff not ready and willing to perform his part of the contract. The High Court reversed this decision, granting specific performance. The Supreme Court upheld the trial court's findings, emphasizing the importance of the plaintiff's readiness and willingness, and the discretion of the court under Section 20 of the Specific Relief Act [Paras 1-29].

Time is of the Essence – Agreement Interpretation – The Supreme Court reiterated that while time is generally not of the essence in contracts for the sale of immovable property, it can become so if explicitly stated or inferred from the contract's terms. In this case, the agreement specified time for performance, making it an essential condition. The plaintiff's failure to perform within the stipulated time justified the refusal of specific performance [Paras 18-20].

Discretionary Relief – Equity and Hardship – The court's discretion under Section 20 of the Specific Relief Act was highlighted. Specific performance is an equitable relief, not granted automatically but based on the conduct of the parties and the surrounding circumstances. The plaintiff's inability to demonstrate readiness and willingness, coupled with the vendors' need for timely completion, justified the denial of specific performance [Paras 21-28].

Decision: Appeal allowed – High Court judgment set aside – Trial court judgment restored, dismissing the suit for specific performance.

Land Acquisition – Validity of Award – Section 11A – The court examined whether the Award made by the Land Acquisition Officer (LAO) beyond the statutory period of two years from the publication of the declaration under Section 6 of the Land Acquisition Act was valid. The period during which a stay order was operative is excluded from this computation, but not the time taken to obtain a copy of the order vacating the stay. The court held that the Award was invalid as it was made beyond the statutory period even after excluding the period of the stay [Paras 7-12, 14-15].

Limitation Act – Applicability – The court discussed the inapplicability of Section 12 of the Limitation Act to the computation of the period under Section 11A of the Land Acquisition Act. The Limitation Act does not apply to the making of an Award by the LAO. Therefore, the time taken to obtain a copy of the judgment or order does not extend the period within which the Award must be made [Paras 13, 15-22].

Doctrine of Casus Omissus – Interpretation of Statutes – The court ruled that the doctrine of casus omissus, which allows courts to supply omissions in statutes, does not apply in this case as there was no ambiguity or unintentional omission in Section 11A. The absence of a provision for excluding the time taken to obtain a copy of the judgment is deliberate and cannot be supplied by the court [Paras 16-22].

Decision: Appeals dismissed – The Award by the LAO was invalid and the acquisition proceedings were deemed to have lapsed concerning the respondents.

Service Law – Deputation – Pay Fixation – The respondent, while on deputation, was given a higher pay scale. Upon repatriation and promotion in the parent department, his pay was fixed considering the deputation pay. The appellant (UOI) argued this was erroneous and needed rectification. The Supreme Court held that the fixation of pay at a higher scale due to deputation was indeed incorrect and required rectification. The court clarified that upon repatriation, pay should be fixed according to the parent department's rules, not the deputation post's pay scale [Paras 1-22].

Recovery of Excess Pay – The respondent was paid excess amounts due to erroneous pay fixation. The court considered earlier judgments and principles regarding recovery of excess pay and held that no recovery should be made from the respondent due to the lack of misrepresentation or fraud on his part. The court emphasized that rectification of pay does not automatically warrant recovery if the employee was unaware of the overpayment [Paras 14-23].

Natural Justice – Notice and Opportunity – The court stressed the importance of providing an opportunity to be heard before revising the pay or pension benefits, adhering to the principles of natural justice [Paras 16-17].

Decision: Appeal allowed in part – The orders of the tribunal and the High Court were set aside regarding the fixation of pay and pension. The respondent's pension was directed to be fixed based on the corrected pay. However, the court ordered that no recovery of the excess amount already paid to the respondent should be made [Paras 22-23].

Murder – Exception 4 to Section 300 IPC – Sudden Fight – The appellant was convicted for the murder of the deceased following a trivial quarrel and a subsequent sudden fight. The Supreme Court examined whether the case fell under Exception 4 to Section 300 IPC, which applies when the act is done without premeditation, in a sudden fight, in the heat of passion, without taking undue advantage or acting in a cruel manner [Paras 3-9].

Culpable Homicide – Distinction Between Sections 302 and 304 – The Court analyzed the distinction between culpable homicide amounting to murder and culpable homicide not amounting to murder. It considered whether the appellant had the intention to cause death or merely the knowledge that the act was likely to cause death [Paras 8-15].

Sentencing – Factors for Consideration – The Court noted several factors for consideration in determining the appropriate sentence, including the absence of premeditation, the trivial nature of the initial quarrel, the appellant’s lack of prior enmity with the deceased, and the fact that the injury was inflicted in the heat of passion during a sudden fight [Paras 15-17].

Decision: Appeal allowed – The conviction under Section 302 IPC was altered to Section 304 Part II IPC. The appellant was sentenced to 10 years' imprisonment and a fine of Rs. 50,000. The fine was directed to be paid as compensation to the widow and child of the deceased. In case of default in payment of the fine, the appellant would undergo an additional two years of imprisonment. If the appellant had already served the term, he was to be released forthwith unless required in connection with any other case [Para 17].

Animal Welfare – Transport and Slaughter – Compliance with Rules – The Supreme Court addressed concerns regarding the effective functioning of committees constituted to oversee the implementation of the Transport of Animals (Amendment) Rules, 2001, and other related regulations. The court emphasized the importance of proper implementation of these rules to prevent cruelty to animals during transportation and at slaughterhouses [Paras 1-3].

Committee Functioning – State Compliance Reports – The court directed all State Governments and Union Territories to file action taken reports detailing the functioning of the committees constituted to oversee the implementation of animal welfare regulations. The Ministry of Environment and Forests (MoEF) was instructed to finalize guidelines for the effective and proper functioning of the state committees [Para 2].

Guidelines for Animal Transportation and Slaughterhouses – The court reiterated the importance of following the guidelines issued by the MoEF, which cover various aspects such as the certification of animals for transportation, loading and unloading supervision, provision of shelter, food, and water, and inspection of slaughterhouses. These guidelines aim to ensure humane treatment of animals and proper waste management at slaughterhouses [Paras 3-4].

Decision: The court directed all State Governments and Union Territories to follow the MoEF guidelines and submit action taken reports within three months. The States of Tamil Nadu, Karnataka, Kerala, Delhi, Maharashtra, and Uttar Pradesh were specifically instructed to implement the provisions of the relevant Acts and guidelines, and to file compliance reports [Para 4].

Service Law – Appointment – Eligibility and Selection Process – The appellant challenged the appointment of Respondent No. 4 as the Managing Director of the Nigam, arguing that the respondent did not meet the required experience and had pending disciplinary charges that were not disclosed to the Selection Committee. The Supreme Court found the appointment process faulty due to non-disclosure of material information and the respondent's ineligibility under the relevant rules [Paras 4-7, 16-21].

Disciplinary Proceedings – Effect on Promotion – The court held that pending charge-sheets against an employee should be disclosed to the Selection Committee, as they impact the assessment of the candidate’s integrity and merit. The court emphasized the principle that an employee facing disciplinary action cannot be considered for promotion, and the selection should be kept in a sealed cover until the proceedings are concluded [Paras 8-17].

Judicial Review – High Court’s Error – The Supreme Court criticized the High Court for not considering the impact of pending charge-sheets on the respondent’s selection. The court reaffirmed that the integrity of a candidate is a critical factor in promotions and must be thoroughly assessed by considering all relevant information [Paras 12, 20].

Decision: Appeal allowed – The appointment of Respondent No. 4 as Managing Director set aside – The Nigam to conduct a fresh selection process considering all eligible candidates and the full record. Respondent No. 4 to be placed in his previous position and costs imposed on Respondent No. 4 and the Nigam [Paras 21, 23].

Eviction – Landlord’s Bona Fide Requirement – Section 13(1)(h) – The landlord sought eviction of the tenant on the ground of bona fide requirement for starting a business. The trial court and the first appellate court ruled in favor of the landlord, but the High Court reversed the decision following the death of the landlord’s wife. The Supreme Court noted that the eviction suit did not solely plead the wife’s need but included the needs of the landlord and his family, thus sustaining the bona fide requirement even after the wife’s death [Paras 2-4, 8].

Subsequent Events – Impact on Eviction Proceedings – The Supreme Court discussed the consideration of subsequent events, referencing the three-judge bench decision in Pasupuleti Venkateswarlu v. The Motor and General Traders, which allows courts to consider events occurring after the initiation of proceedings if they affect the core issue. The court distinguished the present case from those where the sole need claimed was of the deceased wife, emphasizing the landlord’s continuous need [Paras 5-7].

Settlement – Terms Agreed by Parties – Given the uncertainty and to avoid prolonged litigation, the parties reached a settlement where the rent was increased to Rs. 1500 per month, and the tenant was allowed to remain in the premises for three more years. The tenant agreed to hand over vacant possession by 31st August 2016 and to pay the arrears and future rent timely [Paras 9-10].

Decision: Appeal allowed – High Court judgment set aside – Eviction decree restored with modifications per the settlement agreement. Respondent-tenant to vacate by 31st August 2016, with rent increased to Rs. 1500 per month starting September 2013, and undertaking to be filed within four weeks [Paras 9-10].

Education Law – Renewal of Permission – Natural Justice – The petitioner, a dental college, was denied renewal of permission to continue two specialty courses for the academic session 2013-14. The denial was based on deficiencies found by the Dental Council of India (DCI) during inspections. The petitioner contended that the denial without a personal hearing violated the principles of natural justice and the provisions of Section 10A(4) of the Dental Council of India Act, 1948 [Paras 1-12].

Requirement of Hearing – Section 10A(4) of the Act – The Supreme Court held that Section 10A(4) mandates a reasonable opportunity of being heard before disapproving a scheme for starting or renewing courses. This requirement applies to both new courses and renewals. The Central Government must provide a personal hearing or at least communicate the deficiencies and allow the institution to respond before making a final decision [Paras 14-20].

Deficiencies and Compliance – The court noted that while some deficiencies pointed out by the DCI might have been valid, others were contested by the petitioner. The lack of a hearing denied the petitioner the chance to address these issues adequately. Therefore, the decision of the Central Government was set aside on this ground [Paras 21-23].

Decision: The appeal was allowed, and the impugned orders were set aside. The case was remitted to the Central Government to decide afresh after giving a hearing to the petitioner. However, given the timing, this decision would not affect the academic session 2013-14 but would apply to future academic sessions [Paras 28-31].