Additional Evidence and Recall of Witness – Plaintiff's applications under Order 18 Rule 17 and Order 7 Rule 14 read with Section 151 CPC – Trial court dismissed applications to file additional documents and recall a witness – High Court allowed the applications, finding it necessary for just decision – Supreme Court held that such applications to fill lacunae should not be permitted after conclusion of evidence and arguments unless a clear cause is shown – High Court’s order set aside, trial court's decision restored [Paras 1-14]​​.

Inherent Powers of Court – Exercise of powers under Section 151 CPC to allow new evidence and recall witness – Court emphasized that inherent powers are to be used sparingly and not to overcome deficiencies in pleadings or evidence that could have been presented earlier – Ensures no misuse to delay proceedings [Paras 12-13]​​.

Decision – Appeal allowed – High Court’s order allowing applications under Order 18 Rule 17 and Order 7 Rule 14 set aside – Trial court's decision dismissing applications restored [Paras 13-14]​​.

Mental Cruelty – Grounds for Divorce – Appellant-husband sought dissolution of marriage on grounds of mental cruelty – Respondent-wife filed multiple complaints including false allegations of dowry harassment – Supreme Court held that filing of false complaints and defamatory statements caused mental cruelty – High Court’s order setting aside decree of divorce was erroneous – Divorce granted [Paras 10-14]​​.

Irretrievable Breakdown of Marriage – Long separation and continuous litigation – Marriage beyond repair due to prolonged estrangement and bitterness – Supreme Court considered irretrievable breakdown as a factor – Marriage dissolved to relieve parties from further agony [Paras 25-28]​​.

Mediation in Matrimonial Disputes – Emphasized importance of mediation in resolving matrimonial disputes – Directed family courts and criminal courts to refer cases to mediation centers wherever feasible – Encouraged pre-litigation mediation to avoid escalation of disputes [Paras 32-36]​​.

Decision – Appeal allowed – High Court’s judgment quashed – Marriage dissolved by decree of divorce – Appellant-husband to pay Rs. 15,00,000 as permanent alimony to respondent-wife in three instalments [Paras 30-37]​​.

Kerala Education Rules – Rule 51A Claims – Continuous Service Requirement – Appellants contested the necessity of minimum continuous service in an academic year for re-appointment claims under Rule 51A of the Kerala Education Rules, 1959 – High Court’s ruling declaring the government orders invalid was challenged – Supreme Court upheld the requirement, emphasizing statutory and procedural compliance [Paras 1-27].

Appointment Procedures – Rule 7A Amendments – Interpretation – Amendments to Sub-rule (3) of Rule 7A aimed to prevent misuse by creating short-term vacancies – Supreme Court confirmed the validity of amendments to curb unethical practices – Appointments for durations less than an academic year can be on a daily wage basis, longer vacancies on regular pay [Paras 19-25].

Government Orders – Validity and Application – Examined various government orders issued to clarify appointment procedures and their compliance with statutory provisions – Orders aimed at financial accountability and procedural integrity were upheld [Paras 5-8, 24].

Decision:

Appeals allowed – High Court judgment set aside – Directions provided for compliance with statutory requirements and government orders for future appointments and re-appointments in aided schools [Paras 26-27].

Criminal Law – Murder Conviction – Appellant convicted under Section 302 IPC for the murder of his brother by inflicting a fatal blow with a 'darat' on the back of the head – Trial court’s judgment affirmed by the High Court – Supreme Court rejects appeal, emphasizing the use of a deadly weapon and the intent to cause death [Paras 1-12].

Weapon Use and Intent – Appellant used a 'darat' to strike the deceased – Supreme Court notes the ferocity of the blow, resulting in a hole in the occipital bone and exposure of brain tissue – Appellant's intent to cause death inferred from the choice of weapon and nature of injury [Paras 6, 9-11].

Alternative Defense – Rejected – Appellant's defense of accidental injury caused by another person (Rana) during a quarrel dismissed – Testimony of eyewitnesses consistent and credible, confirming appellant’s actions [Paras 3-5, 6].

Sections 299 and 300 IPC – Application – Court discusses distinctions between culpable homicide and murder – Concludes appellant's actions fall under Section 300 IPC, given the intent and knowledge of causing deadly injury [Paras 9-11].

Decision:

Appeal dismissed – Conviction and sentence of life imprisonment under Section 302 IPC affirmed [Para 12].

Liquor License – Discretionary Power – Appellant contested the High Court's issuance of a writ of mandamus directing the grant of a distillery license to the respondent – Supreme Court held that the granting of such licenses is within the exclusive privilege and discretion of the state, and no citizen has a fundamental right to claim it – The High Court's mandamus directing the issuance of a license was found to be improper [Paras 2-12, 16-35].

State Policy and Exclusive Privilege – State has exclusive rights over the trade of liquor, which is inherently harmful – The state can choose to restrict, regulate, or completely prohibit such trade – Supreme Court reiterated that liquor policy decisions are within the state's domain and cannot be interfered with lightly by the courts [Paras 21-24, 26-28].

Application of Article 14 – While the state must act reasonably and cannot discriminate arbitrarily when granting privileges, the respondent failed to establish a legal right or prove discriminatory treatment compared to similarly situated applicants – Supreme Court emphasized that compliance with conditions does not automatically entitle an applicant to a license [Paras 29-32].

Decision:

Appeal allowed – High Court judgment set aside – No order as to costs [Para 35].

Contract Law – Termination and Forfeiture – Appellant challenged the termination of a contract by NHAI for collecting user fees on National Highway No. 3, alleging non-compliance with natural justice and lack of basis for the decision – Supreme Court upheld the termination and forfeiture, noting substantial compliance with principles of natural justice and sufficient material supporting the decision [Paras 2-15].

Natural Justice – Audi Alteram Partem – Court found that the appellant was given a fair hearing and the opportunity to present its case – The procedure adopted, including show-cause notice and personal hearing, met the requirements of fairness and did not prejudice the appellant [Paras 8-15].

Section 74 of Contract Act – Penalty and Performance Security – Forfeiture of performance security was justified under the terms of the contract – Invocation of the bank guarantee, however, was deemed unjustified as the authority had already recovered more than the contracted amount – Remedy for excess recovery lies in civil action, not writ jurisdiction [Paras 22-25].

Decision:

Appeal dismissed – Termination of contract and forfeiture of performance security upheld – Invocation of bank guarantee deemed unjustified – Appellant advised to seek remedy through civil action for any claims of excess recovery [Paras 26-29].

Impleadment – Order 1 Rule 10 CPC – Appellant challenged the orders of the Single Judge and the Division Bench of the Delhi High Court rejecting their application for impleadment as defendants in a suit for specific performance – Supreme Court allowed the appeal, holding that the appellant, being a subsequent purchaser, is a necessary and proper party for the complete and effective adjudication of the suit [Paras 1-43].

Doctrine of Lis Pendens – Section 52 of the Transfer of Property Act – Transfer of property during the pendency of a suit is not void but subject to the outcome of the litigation – The appellant, having acquired the property with notice of the pending suit and injunction, is bound by the result of the suit [Paras 23-26, 46-52].

Specific Performance – Section 19 of Specific Relief Act – Suit for specific performance may be enforced against subsequent purchasers unless they are bona fide purchasers for value without notice of the original contract – Appellant's knowledge of the pending suit and injunction precludes them from claiming such status [Paras 30-31, 45-47].

Order 22 Rule 10 CPC – Assignment and Devolution – Appellant's application for impleadment under Order 1 Rule 10 CPC can also be considered under Order 22 Rule 10 CPC, which allows the continuation of a suit by or against the person upon whom interest has devolved during the pendency of the suit [Paras 53-57].

Decision:

Appeal allowed – Orders of the High Court set aside – Appellant to be added as a party defendant – Appellant permitted to raise defenses available to the original defendants [Paras 42-43, 57-58].

Land Ownership – Title and Possession – Appellant contested the Respondent's title over the disputed land, arguing that the courts below misdirected themselves in determining the issue – Supreme Court held that the lower courts failed to consider whether the vendor had valid title, which was necessary to determine the validity of the sale deed in favor of the Respondent [Paras 3-10].

Evidence Act – Section 90 – Presumption of Genuineness – Supreme Court criticized the High Court for incorrectly applying Section 90 of the Evidence Act, which presumes the genuineness of documents after 30 years, to the sale deed dated 11.11.1959 – The correct period for consideration is from the date the document is offered, not the date of the appeal decision [Paras 6-7].

Revenue Records – Not Conclusive Proof of Title – Mere entries in revenue records do not confer title – Courts below erred in holding that such records constituted ownership evidence – Revenue records merely raise a presumption of possession, not title [Paras 10-14].

Admission Against Interest – Supreme Court emphasized that the Respondent's letter admitting that it had been cheated by the vendor, who had no title over the land, should have been given due weight – Such admissions weaken the Respondent's claim [Paras 8, 15].

Estoppel – No Estoppel Against Statute – Acceptance of municipal or agricultural tax payments by a person does not estop the State from challenging ownership – There can be no estoppel against the statute [Para 14].

Decision:

Appeal allowed – Judgments of the lower courts set aside – Respondent's suit for declaration of title and injunction dismissed [Para 17].

Review Petition – Maintainability – Order 47 Rule 7 CPC – Appellant challenged the High Court's order dismissing their review petition of the main judgment which was not itself challenged – Supreme Court dismissed the SLP, reiterating that without challenging the main judgment, an SLP against the order rejecting the review petition is not maintainable [Paras 5-8, 11].

Merger Doctrine – Eastern Coalfields Ltd. Case – Appellant's reliance on Eastern Coalfields Ltd. Vs. Dugal Kumar was dismissed, with the Supreme Court stating that the judgments in Shanker Motiram Nale and other similar cases, which were not considered in Eastern Coalfields, still hold precedence – The principle that the main order and review order merge was not upheld in Eastern Coalfields, making it non-precedential [Paras 9-11].

Previous Precedents – Reaffirmed the rulings in Shanker Motiram Nale, Suseel Finance and Leasing Co. v. M. Lata, and M.N. Haider and Ors. v. Kendriya Vidyalaya Sangathan that an SLP challenging only the order rejecting a review petition is barred under Order 47 Rule 7 of CPC [Paras 7-8].

Decision:

SLP dismissed – Application for impleadment as party respondent also dismissed [Paras 12-13].