Civil Law - Nuisance and Noise Pollution – Appeal arising from the High Court order dismissing the appellant's petition against noise and disturbances caused by political protests near his residence – Appellant, a retired Director General of Police, faced severe disruptions due to frequent protests, loudspeakers, and misuse of residential walls – Despite complaints, the State and Police did not take adequate measures – NHRC and RSHRC acknowledged the issue and directed the State to implement specific remedial measures, which were inadequately followed – Appellant sought writ reliefs for protection of his right to peaceful living – Single Judge and Division Bench of the High Court noted the State's assurances and deemed further orders unnecessary – Supreme Court held that the nuisance infringed on the appellant's fundamental rights under Articles 19(1) and 21 – Emphasized the need for strict compliance with the Noise Pollution Rules and past Supreme Court directions on noise pollution control – Directed the State to ensure the implementation of remedial measures suggested in their counter-affidavit and modify them if necessary for better effectiveness – Appeal partly allowed, modifying the High Court's order to ensure strict compliance with the directions and further necessary actions by the State to protect residents' rights. [Paras 1-35]

Referred Cases:

Firm Kaluram Sitaram v. The Dominion of India, AIR 1954 Bom 50

In Re: Noise Pollution, AIR 2005 SC 3136

Ramlila Maidan Incident v. Home Secretary, Union of India, (2012) 5 SCC 1

Consumer Protection – Appeal: Complaint for non-delivery of goods exported to Bangladesh – National Commission directed payment for loss – Appellant claimed delivery at Bangladesh customs but no proof of delivery produced – National Commission found appellant’s documents bogus – Appeal dismissed – Burden on appellant to prove delivery not discharged [Paras 1-54].

Facts: Respondent (Ganesh Polytex Ltd.) engaged in manufacturing and exporting yarn and fabric – Appellant (Transport Corporation of India Ltd.) engaged in transportation of goods – Respondent received export order to Dhaka, Bangladesh, and dispatched five consignments through appellant – Consignee copies of consignment notes provided to respondent – Goods to be delivered upon production of consignee copy – Respondent sent documents through bank for negotiation with Bangladesh bank – Bank returned documents unpaid – Respondent requested appellant to rebook goods back to India – Appellant assured rebooking but subsequently claimed goods were exported – Respondent filed complaint with National Commission [Paras 3-17].

Court Assessment: National Commission found appellant’s invoices did not match respondent’s documents and declared them bogus – Customs procedure for export not followed – No bill of export or export report produced by appellant – Section 40, 41, 46 of Customs Act, 1962 requires bill of export and export report for export – No evidence appellant complied – Foreign law must be pleaded and proved – Appellant did not provide details of Bangladesh customs procedures – Claim for duty drawback by respondent does not prove delivery – Appellant failed to establish delivery beyond Indian customs [Paras 18-53].

Decision: Appeal dismissed – Appellant failed to prove goods were delivered as claimed – National Commission’s order upheld – Appellant to pay Rs. 29,74,321.45 with 12% interest from complaint date to realization and Rs. 25,000 as costs [Para 54].

Referred Cases:

None

Criminal Law - Dowry Death and Cruelty - Appeal by accused Hari Om (A-1) against conviction and life sentence under Sections 304B and 498A IPC - High Court upheld conviction but acquitted co-accused (A-2 to A-5) - Appellant challenged sentence only - Supreme Court reduced life sentence to 10 years' rigorous imprisonment - Appellant's persistent dowry demands led to wife's suicide - Evidence and suicide note confirmed dowry harassment - Appellant already served 9 years - Extreme sentence of life imprisonment deemed excessive - [Paras 1-27].

Assessment of Evidence - Dowry Demands and Suicide - Evidence showed continuous demands by A-1 for money and goods post marriage - Deceased's suicide note corroborated harassment - Post mortem confirmed death by poison - Defence failed to weaken prosecution's case - [Paras 5-10, 17-19].

Quantum of Sentence - Life Imprisonment Reduction - Supreme Court observed life imprisonment not mandatory in all dowry death cases - Considering totality of circumstances and Appellant's 9 years' incarceration, reduced sentence to 10 years' rigorous imprisonment - Referenced previous judgments for similar reductions - [Paras 20-25].

Right to Equality - Arbitrary Discrimination: The Supreme Court underscored the principle that equals must be treated equally under Article 14 - Held that the Andaman and Nicobar Administration's exclusion of the posts of Information Officer (IO) and Tourist Information Officer (TIO) from the encadrement in DANICS was arbitrary and discriminatory - [Paras 2, 10-12, 17].

Directions for Encadrement: The Court directed the Union of India to encadre all seven posts (three DRCs, two TIOs, and two IOs) in DANICS with retrospective effect from the date of notification - Found the process adopted by the Cadre Review Committee to be arbitrary and in violation of Article 14 - [Paras 11, 17].

Failure to Challenge Tribunal Order: The Court noted that the Union of India did not challenge the Central Administrative Tribunal's order directing reconsideration of the encadrement, implying acceptance of its findings - [Para 10(a)].

Common Seniority and Equal Treatment: The Court emphasized that the posts of IO, TIO, and DRC share the same seniority list, pay scale, and professional content, thus warranting equal treatment in encadrement - Any deviation would result in unjust promotion of juniors over seniors - [Paras 10(e), 17].

Decision: The appeal was allowed, directing the Union of India to encadre the posts of IO, TIO, and DRC in DANICS within one month from the communication of the judgment. The encadrement would be effective from the same date as the original notification. The appellant was awarded costs of Rs. 50,000 to be borne by the Union of India - [Para 18].

Facts - The appeals arose from the High Court's decision upholding the convictions and sentences of the appellants under Sections 302 read with 149 and 148 IPC - The appellants were accused of forming an unlawful assembly and committing murders of five individuals due to village disputes and Panchayat elections.

Judgment and Decision - The Supreme Court upheld the High Court's decision - It found the deaths to be homicidal based on medical evidence and eye-witness testimonies - Key testimonies from Madhubala Bai (PW-1) and Saraswati Bai (PW-3) were deemed credible, despite their close relation to the victims - The evidence showed the appellants' active participation in the murders - The court rejected arguments about non-examination of certain witnesses and minor discrepancies in testimonies, emphasizing the reliability of the primary witnesses.

Assessment - The court relied on legal principles from precedent cases like Masalti vs. State of UP and Namdeo vs. State of Maharashtra to affirm that the presence in an unlawful assembly with common object suffices for liability under Section 149 IPC - The court dismissed the appeals, affirming the life imprisonment sentences and fines imposed by lower courts - The court's discussion highlighted the vicarious liability principle under Section 149 IPC and the credibility of related witnesses when supported by corroborative evidence.

Criminal Law - Quashing of Charges - Criminal Appeal against High Court's refusal to quash charges under Sections 406/120B IPC - Complaint for non-payment of Rs. 34,505 to the contractor (Respondent No. 2) for construction work at K.S.S. College - Allegation of dishonest misappropriation by appellants in their capacity as university officials - Appellants argued compliance with Vice-Chancellor's directions and absence of dishonest intention - Supreme Court evaluated whether the allegations in the complaint disclosed the essential ingredients of criminal breach of trust or cheating - Held: No prima facie case of dishonest misappropriation or cheating established as required under Sections 405/420 IPC - Allegations were found to be more suited to civil remedies - Criminal proceedings deemed an abuse of process - High Court order set aside - Charges under Sections 406/120B IPC quashed - Civil suits permitted to continue. [Paras 1-20]

Facts: Appellant, an army personnel, enrolled on 30th July 2004 - stationed at Razdan in Baramulla Sector, J&K - on 28th June 2006, shot and killed Subedar Randhir Singh with his service rifle while on guard duty - an FIR was lodged and the case transferred to the Army Authorities for trial - Summary General Court Martial found appellant guilty under Section 69 of the Army Act and Section 302 of the Ranbir Penal Code, sentencing him to life imprisonment and dismissal from service - appeals to Armed Forces Tribunal and Delhi High Court were dismissed - appellant contended that the act was committed under grave and sudden provocation, citing Exception 1 to Section 300 IPC.

Issues: Whether the incident qualified as grave and sudden provocation under Exception 1 to Section 300 IPC, considering the time elapsed between the provocation and the act - assessment of the appellant's state of mind and actions post the incident to determine if self-control was lost due to provocation.

Court Assessment: Exception 1 to Section 300 IPC requires the provocation to be grave and sudden - provocation must lead to a loss of self-control and the act must be committed during this loss - the court evaluated the appellant's narrative of being physically assaulted and humiliated by the deceased - the court noted a significant time lapse of nearly seven hours between the provocation and the act of shooting - appellant continued regular duties post the incident, indicating regained self-control - premeditation inferred from appellant's statement of planning to beat the deceased - court referenced K.M. Nanavati vs. State of Maharashtra for understanding the cooling-off period and provocation.

Held: The court concluded that the provocation had sufficiently cooled off by the time of the act - the appellant's actions were not a direct result of immediate provocation but premeditated - the criteria for Exception 1 to Section 300 IPC were not met - conviction and life sentence upheld - appeal dismissed.

Specific Performance – Suit for specific performance of a sale agreement concerning an undivided share in a property – Defendant No. 1, owner of the property, executed a registered power of attorney to his elder brother, Defendant No. 2 – Agreement to sell executed by Defendant No. 2 – Plaintiff paid full consideration, was always ready and willing to perform their part – Defendants failed to execute the sale deed and repudiated the agreement – Trial court decreed the suit – High Court reversed the decision – Supreme Court reinstated trial court's decree with conditions.

Facts – Respondent (Defendant No. 1) owned a 1/3rd share in property and authorized his brother (Defendant No. 2) via registered power of attorney to manage and sell the property – Agreement to sell the share executed by Defendant No. 2 with the appellant for Rs. 40,000 – Plaintiff paid the full amount – Defendants failed to execute the sale deed – Plaintiff filed suit for specific performance – Trial court ruled in favor of the Plaintiff – High Court reversed this decision citing procedural and evidentiary issues.

Issues – Validity of the power of attorney and agreement to sell – Whether Plaintiff was entitled to specific performance or only damages – High Court's failure to independently assess evidence under Order 41 Rule 31 CPC – Impact of property value appreciation over time on granting specific performance.

Court Assessment – Held that the registered power of attorney authorized the second Defendant to sell the property – High Court erred in not appreciating evidence and legal provisions correctly – Equitable discretion for specific performance must be exercised considering fairness and the conduct of parties – Specific performance not to be denied solely due to price rise – Plaintiff entitled to specific performance but with additional compensation to the Respondent due to property value appreciation.

Decision – Supreme Court set aside the High Court judgment – Decreed specific performance with a condition for Plaintiff to pay an additional Rs. 15 lakhs – Defendant to execute and register sale deed upon Plaintiff's compliance – Affirmed trial court's decree with modifications. [Paras 1-40]

Civil Procedure - Order 2 Rule 2 applicability – Plaintiff filed two suits: one for specific performance and another for permanent injunction regarding the same property – Trial court dismissed both suits – High Court allowed appeals and decreed both suits – Held: Order 2 Rule 2 not applicable as the causes of action in both suits were different – Permanent injunction suit based on threat to dispossession, specific performance suit based on non-performance of agreement – High Court’s reversal upheld as suits founded on distinct causes of action. [Paras 26-38]

Limitation Act – Article 54 – Suit for specific performance – Agreement did not fix a date for performance – Time not essence of contract for immovable property – Suit filed within limitation from the date of knowledge of refusal to perform – Plaintiff came to know of refusal in 2000 and filed suit same year – Held: Suit within limitation period. [Paras 39-52]

Specific Performance – Readiness and willingness – Plaintiff paid entire sale consideration and was in possession of property – High Court justified in granting specific performance and permanent injunction – Defendant No. 2 failed to perform part of agreement despite full payment – Additional sum of Rs. 4 lakhs directed by High Court upheld to balance equities. [Paras 53-60]

Execution of Sale Deed – High Court directed joint execution by Defendants to avoid legal complications – Upheld by Supreme Court – Order directing refund of Rs. 4 lakhs by Defendant No. 2 to Defendant No. 1 due to frustration of sale contract – Exercise of power under Article 142 to do substantial justice. [Paras 62-71]