Termination of Services - Appellant's termination by U.P. State Road Transport Corporation deemed void ab initio due to non-compliance with mandatory provisions of Section 6-N of the U.P. Industrial Disputes Act, 1947 - High Court erred in awarding only consolidated damages/compensation instead of reinstatement - Supreme Court sets aside High Court judgment, orders reinstatement with 50% back-wages from date of termination to date of Labour Court Award and 100% back-wages thereafter until reinstatement [Paras 17, 27-31].

Employment Law - Misapplication of contractual employment terms - Labour Court correctly found that appellant was not a contractual employee; termination lacked procedural due process required under the U.P. Industrial Disputes Act, 1947 - High Court's reliance on Secretary, State of Karnataka vs. Umadevi incorrectly applied [Paras 7, 18-20].

Disability Rights - Appellant, having sustained injuries in service leading to disability, was entitled under Section 47 of the Persons with Disabilities Act, 1995 to alternative employment equivalent to his original position if reinstatement to the original post was not feasible - Respondent Corporation directed to provide equivalent alternative employment [Paras 30-31].

Referred Cases:

Secretary, State of Karnataka and Others Vs. Umadevi and Others, AIR 2006 SC 1806 : (2006) 6 CompLJ 1 : (2006) 4 JT 420 : (2006) 2 LLJ 722 : (2006) 4 SCALE 197 : (2006) 4 SCC 1 : (2006) 3 SLJ 1 : (2006) AIRSCW 1991 : (2006) 3 Supreme 415

Chief Conservator of Forests and another, Vs. Jagannath Maruti Kondhare, etc. etc., AIR 1996 SC 2898 : (1995) 9 JT 465 : (1996) 1 LLJ 1223 : (1995) 7 SCALE 101 : (1996) 2 SCC 293 : (1995) 6 SCR 259 Supp : (1996) 1 UJ 484

Haryana State Electronics Development Corporation Ltd. Vs. Mamni, AIR 2006 SC 2427 : (2006) 11 JT 232 : (2006) 2 LLJ 744 : (2006) 5 SCALE 164 : (2006) 9 SCC 434 : (2006) SCC(L&S) 1830 : (2006) 1 SCR 638 Supp : (2007) 1 SLJ 158 : (2006) AIRSCW 2979 : (2006) 5 Supreme 56

Delhi Cloth and General Mills Ltd. Vs. Shambhu Nath Mukherji and Others, AIR 1978 SC 8 : (1977) 35 FLR 353 : (1978) 1 LLJ 1 : (1977) 4 SCC 415 : (1978) 1 SCR 591 : (1977) 1 SLJ 628 : (1977) 9 UJ 673

The New Maneck Chowk Spinning and Weaving Co. Ltd., Ahmedabad and Others Vs. The Textile Labour Association, Ahmedabad, AIR 1961 SC 867 : (1961) 1 LLJ 521 : (1961) 3 SCR 1

Bhagwan Dass and Another Vs. Punjab State Electricity Board, AIR 2008 SC 990 : (2008) 2 CLT 233 : (2008) 116 FLR 627 : (2008) 1 JT 240 : (2008) 1 LLJ 696 : (2008) 1 SCALE 64 : (2008) 1 SCC 579 : (2008) 1 SCC(L&S) 242 : (2008) 3 SLJ 1 : (2008) 1 UJ 148 : (2008) AIRSCW 5142 : (2008) AIRSCW 534 : (2008) 1 Supreme 75

The State of Mysore Vs. The Workers of Gold Mines, AIR 1958 SC 923 : (1958) 2 LLJ 479 : (1959) 1 SCR 895

Kunal Singh Vs. Union of India (UOI) and Another, AIR 2003 SC 1623 : (2003) 96 FLR 990 : (2003) 2 JT 132 : (2003) 2 LLJ 735 : (2003) 2 SCALE 78 : (2003) 4 SCC 524 : (2003) SCC(L&S) 482 : (2003) 1 SCR 1059 : (2003) 2 SLJ 365 : (2003) 1 UJ 733 : (2003) AIRSCW 1013 : (2003) 2 Supreme 102

Harjinder Singh Vs. Punjab State Warehousing Corporation, AIR 2010 SC 1116 : (2010) 124 FLR 700 : (2010) 1 JT 598 : (2010) 2 LLJ 277 : (2010) 1 SCALE 613 : (2010) 3 SCC 192 : (2010) 1 SCC(L&S) 1146 : (2010) 1 SCR 591 : (2010) 2 SLR 15

The Bharat Bank Ltd., Delhi Vs. Employees of the Bharat Bank Ltd., Delhi and The Bharat Bank Employees' Union, Delhi, AIR 1950 SC 188 : (1950) 1 LLJ 921 : (1950) 1 SCR 459

L. Robert D'souza Vs. Executive Engineer, Southern Railway and Another, (1982) 1 LLJ 330 : (1982) 1 SCALE 466 : (1982) 1 SCC 645 : (1982) 3 SCR 251 : (1982) 14 UJ 344

Hari Nandan Prasad and Another Vs. Employer I/R to Management of FCI and Another, AIR 2014 SC 1848 : (2014) AIRSCW 1383 : (2014) 3 JT 415 : (2014) 2 LLJ 54 : (2014) 2 SCALE 399 : (2014) 7 SCC 190 : (2014) 3 SCJ 451 : (2014) 2 SLJ 231

Deepali Gundu Surwase Vs. Kranti Junior Adhyapak Mahavidyalaya (D. Ed.) and Others, (2013) 6 ABR 304 : (2013) 10 AD 89 : (2013) 139 FLR 541 : (2013) LabIC 4249 : (2013) 4 LLN 417 : (2013) 11 SCALE 268 : (2013) 10 SCC 324 : (2013) 4 SCT 716

Maharashtra State Road Transport Corporation and Another Vs. Casteribe Rajya P. Karmchari Sanghatana, (2009) 123 FLR 136 : (2009) 11 JT 609 : (2009) 4 LLJ 286 : (2009) 12 SCALE 25 : (2009) 8 SCC 556 : (2009) 13 SCR 937 : (2010) 3 SLR 588 : (2009) 9 UJ 4242

Life Insurance Corporation of India Vs. D.J. Bahadur and Others, AIR 1980 SC 2181 : (1980) LabIC 1218 : (1981) 1 LLJ 1 : (1981) 1 SCC 315 : (1981) 1 SCR 1083

U.P. Power Corporation Ltd. and Another Vs. Bijli Mazdoor Sangh and Others, (2007) 113 FLR 821 : (2007) 5 JT 611 : (2007) 2 LLJ 832 : (2007) 5 SCALE 732 : (2007) 5 SCC 755 : (2007) 2 SCC(L&S) 258 : (2007) 6 SCR 256

Criminal Law – Conspiracy and Murder – Balkar Singh (A-10), convicted by lower courts for murder under IPC 120B, 302 read with 34, alongside co-accused A1-A4 – Primary evidence against A-10 was circumstantial – Supreme Court re-evaluates the chain of circumstantial evidence. [Paras 1-36]

Circumstantial Evidence Assessment – Supreme Court revisits and scrutinizes each link of the presented circumstantial evidence – Findings indicate insufficiency in establishing A-10's direct involvement or leadership in the conspiracy – Key evidence such as procurement of murder weapons and vehicle for crime deemed unproven. [Paras 6, 18-19, 28-32]

Conspiracy Theories – Analysis of alleged conspiracies amongst groups of accused – Court finds insufficient evidence supporting the existence of a cohesive conspiracy involving A-10, especially after acquittal of other closely linked accused A-11 and A-14 – Questions adequacy of evidence proving essential conspiracy elements like the place and specific agreement. [Paras 14, 33-35]

Decision – Acquittal of Balkar Singh (A-10) – Given the breakages in the chain of necessary circumstantial evidence and lack of clear, unerring links leading only to the guilt of A-10, the Supreme Court sets aside his conviction and sentence, allowing the appeal. [Para 36]

Referred Cases:

Shanti Devi Vs. State of Rajasthan, (2012) 12 SCC 158

Sharad Birdhichand Sarda Vs. State of Maharashtra, AIR 1984 SC 1622

Arvindkumar Anupalal Poddar Vs. State of Maharashtra, (2012) CriLJ 4007

The appellant, a partnership firm engaged in the manufacture and sale of hot re-rolled products, challenged an order by the Commissioner of Central Excise and Customs re-fixing their annual capacity of production and duty liability. The Tribunal initially remanded the matter back to the Commissioner, who reaffirmed the original order. The appellant's subsequent appeal to the Tribunal was dismissed for want of prosecution due to their non-appearance, and a restoration application was also dismissed. The High Court of Bombay dismissed the appellant's appeal, stating no substantial question of law arose for consideration.

The Supreme Court considered whether the Tribunal had the power to dismiss the appeal for want of prosecution. Section 35C(1) of the Central Excise Act mandates that the Tribunal must pass orders on the merits of the case and does not allow for dismissal due to non-appearance. Rule 20 of the Customs, Excise and Service Tax Appellate Tribunal (Procedure) Rules cannot override this statutory requirement. The Court referenced Commissioner of Income Tax, Madras vs. S. Chenniappa Mudaliar, where it was held that appeals must be decided on merits and not dismissed solely for non-appearance.

The Supreme Court held that the Tribunal erred in dismissing the appeal and the High Court erred in upholding this decision. The Tribunal should have decided the appeal on merits regardless of the appellant's absence. The Court set aside the orders of both the High Court and the Tribunal, directing the Tribunal to decide the appeal on its merits, and awarded costs of Rs. 25,000/- payable by the respondent.

Referred Cases:

Commissioner of Income Tax, Madras vs. S. Chenniappa Mudaliar, AIR 1969 SC 1068

SUPREME COURT OF INDIA

BALAJI STEEL RE-ROLLING MILLS — AppellantVs.C.C.E. AND CUSTOMS — Respondent

( Before : R.K. Agrawal, J; Kurian Joseph, J; Anil R. Dave, J )

Civil Appeal No. 10265 of 2014 (Arising out of Special Leave Petition (C) No. 8738 of 2014)

Decided on : 14-11-2014

Appellate Tribunal Rules, 1946 - Rule 24

Central Excises and Salt Act, 1944 - Section 31, Section 35C, Section 35C(1), Section 66

Customs, Excise Service Tax Appellate Tribunal (Procedure) Rules, 1982 - Rule 20

Income Tax Act, 1922 - Section 33, Section 33(4)

Cases Referred

Commissioner of Income Tax, Madras Vs. S. Chenniappa Mudaliar, AIR 1969 SC 1068 : (1969) 74 ITR 41 : (1969) 1 SCC 591 : (1969) 3 SCR 818

Facts - The appellant, Naresh Kumar, was convicted under Section 304B IPC for the dowry death of his wife, Rekha Rani, who died of burn injuries within ten months of marriage. Rekha Rani faced harassment for dowry demands, particularly for a motorcycle, made by the appellant and his family. Despite efforts by her father, Kashmiri Lal (PW-3), and her uncle, Raghubir Lal (PW-12), to intervene, the harassment continued. On 1st May 2001, Rekha Rani sustained severe burn injuries and subsequently died - She informed her relatives that she was beaten and set on fire by the appellant and his family - An FIR was lodged, leading to the appellant’s conviction.

Issues - Whether the appellant was guilty of dowry death under Section 304B IPC - Whether the prosecution proved harassment for dowry "soon before the death" of the deceased - Whether the suicide note left by the deceased could exonerate the appellant.

Court Assessment - The Supreme Court found consistent evidence of dowry harassment "soon before the death" - Statements from PW-3, PW-10, and PW-12 corroborated the deceased's plight - The court rejected the defense's argument that the deceased committed suicide due to harassment by her uncle and found the evidence pointed to dowry-related harassment by the appellant - The court also addressed the suicide note, stating it indicated the deceased's helplessness and did not absolve the appellant from responsibility - The court distinguished the appellant’s case from his acquitted mother and brother, emphasizing the husband's primary responsibility for his wife's well-being.

Held - The conviction and sentence of seven years of rigorous imprisonment under Section 304B IPC were upheld - The court found no merit in the appellant's arguments and confirmed the lower courts' findings - The appeal was dismissed, and the appellant was directed to surrender to serve the remaining sentence. [Paras 1-15]

Referred Cases:

Hira Lal and Others v. State (Govt. of NCT) Delhi, AIR 2003 SC 2865

Manohar Lal v. State of Haryana, (2014) AIRSCW 3923

SUPREME COURT OF INDIA

NARESH KUMAR — AppellantVs.STATE OF HARYANA — Respondent

( Before : T.S. Thakur, J; R. Banumathi, J; A.K. Goel, J )

Criminal Appeal No. 1266 of 2013

Decided on : 14-11-2014

Evidence Act, 1872 - Section 113B

Penal Code, 1860 (IPC) - Section 304B

Cases Referred

Hira Lal and Others Vs. State (Govt. of NCT) Delhi, AIR 2003 SC 2865 : (2003) CriLJ 3711 : (2003) 2 DMC 206 : (2003) 7 JT 596 : (2003) 5 SCALE 445 : (2003) 8 SCC 80 : (2003) 1 SCR 734 Supp : (2003) 2 UJ 1278 : (2003) AIRSCW 3570 : (2003) 5 Supreme 112

Manohar Lal Vs. State of Haryana, (2014) AIRSCW 3923 : (2014) 8 JT 265 : (2014) 8 SCALE 89

Criminal Law – Reduction of Sentence – State appeal against High Court order reducing sentence of respondent convicted under Sections 279, 304A, and 337 IPC for causing death and injury by rash and negligent driving – High Court reduced sentence to period already undergone with additional compensation – Supreme Court emphasizes need for proportionate sentencing reflecting crime's gravity – High Court's undue sympathy criticized for undermining justice system – Held that appropriate punishment must be commensurate with offence severity to uphold public confidence – Supreme Court restores trial court's sentence, directs respondent to surrender. [Paras 1-16]

Facts – On 11.5.1998, a ward boy reported a fatal accident caused by a jeep driven by the respondent – Respondent was convicted by trial court under Sections 279, 337, 304A IPC and sentenced to rigorous imprisonment and fine – Conviction upheld by Additional Sessions Judge – High Court modified sentence to period already undergone with additional compensation. [Para 2-4]

Court Assessment – High Court showed undue sympathy in reducing sentence – Emphasized importance of proper sentencing reflecting crime's nature – Cited past judgments stressing proportionality in sentencing – Courts must balance victim's rights and societal interest in imposing sentences. [Paras 8-14]

Decision – Supreme Court set aside High Court order reducing sentence – Restored trial court's original sentence – Directed respondent to surrender within two weeks, failing which trial judge to take steps for imprisonment. [Para 16]

Referred Cases:

Shailesh Jasvantbhai v. State of Gujarat (2006) 2 SCC 359

Ahmed Hussein Vali Mohammed Saiyed v. State of Gujarat (2009) 7 SCC 254

Dhananjay Chatterjee alias Dhana v. State of W.B. (1994) 2 SCC 220

Hazara Singh v. Raj Kumar (2013) 9 SCC 516

Mahesh v. State of Madhya Pradesh (1987) 3 SCC 80

Sevaka Perumal v. State of Tamil Nadu (1991) 3 SCC 471

State of Madhya Pradesh v. Bablu, Criminal Appeal No. 1845 of 2014

Industrial Law - Sick Industrial Companies (Special Provisions) Act - Jurisdiction of BIFR - Civil Suit Challenging Jurisdiction - Appellant contended BIFR retained jurisdiction over the company until it formally discharged it after confirming positive net worth - Respondent argued positive net worth discharged BIFR’s jurisdiction automatically - Supreme Court held jurisdictional issues and positive net worth determination are within BIFR’s exclusive domain - Civil court lacked jurisdiction to decide BIFR’s jurisdiction - Suit for recovery of money without BIFR's consent deemed incompetent - Order of injunction by civil court set aside - J.K. Jute Mill to remain under BIFR’s jurisdiction until formal discharge - BIFR directed to determine net worth and take appropriate action within two months - Costs of Rs. 5 lacs imposed on original plaintiff for non-disclosure of material facts - Payment to be made to Supreme Court Legal Services Authority within three months - Validity and necessity of property sale by company to be assessed by BIFR - Transferee of property to be issued due notice by BIFR for appropriate assessment - BIFR to consider necessity and adequacy of sale value, with the option to confirm or void the sale depending on adequacy of consideration and compliance with procedural requirements [Paras1−34].

Referred Cases:

Raheja Universal Limited v. NRC Limited and Others, AIR 2012 SC 1440

M.D., Bhoruka Textiles Limited v. Kashmiri Rice Industries, (2009) 7 SCC 521

Negotiable Instruments Act - Section 138, Dishonor of Cheque - Criminal appeal against High Court's decision remanding case for retrial - Complainant alleged that accused borrowed Rs. 14 lakhs in cash and issued a post-dated cheque for Rs. 29,12,000/- which was later replaced by another cheque for Rs. 73,83,552/- - Cheque dishonored

- Supreme Court restored trial court's acquittal, finding no legally enforceable debt established by complainant - Appeal allowed. [Paras 1-12]

Referred Cases:

Rangappa Vs. Sri Mohan, AIR 2010 SC 1898 : (2010) 11 SCC 441

Plaintiff filed suit for specific performance of agreement dated 27.5.1978 - Trial Court dismissed suit, ordered refund of Plaintiff’s money with interest - High Court reversed dismissal, decreed specific performance - Appellant, purchaser in a court auction, challenged High Court's decision - Facts revealed property initially mortgaged and subsequently auctioned - Plaintiff contended right to specific performance despite auction sale and confirmation - High Court's judgment based on allegations of fraud and collusion without pleadings or framed issues - Supreme Court emphasized finality of court auction and confirmation orders - Held High Court erred in disregarding principles of res judicata and collateral challenge - No sufficient grounds to overturn confirmed auction sale or grant specific performance - Restored Trial Court's decision dismissing suit for specific performance - Appeal allowed, High Court’s decree set aside [Paras 1-27].

Referred Cases:

Mathura Prasad Bajoo Jaiswal v. Dossibai N.B. Jeejeebhoy, AIR 1971 SC 2355

Union of India v. Major S.P. Sharma, (2014) 6 SCC 351

Sri Ranga Nilayam Rama Krishna Rao v. Kandokori Chellayamma, AIR 1953 SC 425

Pandurang Dhoni Chougule v. Maruti Hari Jadhav, AIR 1966 SC 153

P.K. Unni v. Nirmala Industries, AIR 1990 SC 933

Mhadagonda Ramgonda Patil v. Shripal Balwant Rainade, AIR 1988 SC 1200

Maganlal v. Jaiswal Industries, AIR 1989 SC 2113

Dadi Jagannadham v. Jammulu Ramulu, AIR 2001 SC 2699

V.S. Subramania Asari v. Ramaswami Pillai, AIR 1937 Mad 560

Gour Chand Mullick v. Pradyumna Kumar Mullick, AIR 1945 Cal 6

The Supreme Court addressed appeals by Union of India challenging the High Court's order quashing the search and seizure conducted on 16.2.2000 at Agarwal Iron Industries' factory - The factory had filed income-tax returns under the Income Tax Act - During the search at the residential premises of the proprietor, the son was informed of the simultaneous search at the factory but was not allowed to leave - The High Court quashed the search and seizure citing lack of information and non-application of mind in issuing the warrant of authorization - The Supreme Court held that the High Court erred by not examining whether the competent authority recorded reasons for the search and seizure as required under Section 132 of the Act - It noted that the High Court's reliance on Order 8 Rule 5 of CPC to infer admission by non-denial in the counter affidavit was misplaced in the context of writ proceedings - The Supreme Court emphasized the procedural safeguards in Section 132 and the requirement for reasons to be recorded - The appeals were allowed, the High Court's order was set aside, and the matter remanded for fresh disposal with directions to review the relevant files - [Paras 1-10]

Referred Cases:

Dr. Nand Lal Tahiliani Vs. Commissioner of Income Tax and Others, (1988) 69 CTR 91

AJIT JAIN Vs. UNION OF INDIA and Others, (2000) 159 CTR 204

L.R. Gupta and Others Vs. Union of India and Others, (1992) 101 CTR 179

Commissioner of Income Tax, Allahabad and Others Vs. Vindhya Metal Corporation and Others, (1997) 224 ITR 614

Distt. Registrar and Collector, Hyderabad and Another Vs. Canara Bank Etc., AIR 2005 SC 186

M.P. Sharma and Others Vs. Satish Chandra, District Magistrate, Delhi and Others, AIR 1954 SC 300

Pooran Mal Vs. The Director of Inspection (Investigation), New Delhi and Others, AIR 1974 SC 348