Infanticide and Evidence Assessment – Appeals against conviction for murder (Section 302) and causing disappearance of evidence (Section 201) – Main question regarding whether disposing of a body believed to be lifeless constitutes culpable homicide – Conviction based on allegations of causing grievous harm resulting in death, and subsequent disposal of the body in the sea. [Paras 2-5, 7, 10, 16, 17]

Prosecution’s Burden of Proof – Reliance on circumstantial evidence and witness testimonies (PW6, PW7, PW8, PW13, PW14, PW15, PW23, PW27) – Injuries observed on the infant prior to death – Inconclusive evidence on whether appellants knew the infant was alive at the time of disposal in the sea. [Paras 11-15]

Legal Interpretation of Culpable Homicide – Analysis of Section 299 IPC – Intention and knowledge as essential elements – Discussion on whether an act on a body believed to be lifeless attracts Section 299 IPC – Reference to the legal principles and precedents on culpable homicide. [Paras 17, 18]

Judgment – Conviction of appellants under Sections 302 and 201 IPC set aside due to lack of conclusive evidence on their knowledge about the child's life at the time of disposal – Appellants acquitted and ordered to be released unless required in other cases. [Final Judgment Para]

Decision:

The Court allowed the appeals, set aside the conviction under Sections 302 and 201 read with Section 34 of IPC, and acquitted the appellants.

Promotion Eligibility – Kerala Water Authority Assistant Engineers – Determination of eligibility for further promotion based on entry quota (Degree or Diploma) for Assistant Engineers. Assessment of legal validity of Ext.P12 Final Seniority List including Diploma holders for further promotion. [Para 1-4, 13-14]

Kerala Public Health Engineering Service Rules – Analysis of Special Rules for Kerala Public Health Engineering Subordinate Service and Service Special Rules. Examination of appointment methods and qualification requirements for Assistant Engineers and their impact on promotions. [Para 3-3.10, 11-13]

Seniority and Promotion Dispute – Assistant Engineers in Kerala Water Authority – Conflict between directly recruited Assistant Engineers (Degree quota) and promoted Assistant Engineers (Diploma quota) over seniority and promotion rights. Examination of rules governing promotions to higher posts based on initial recruitment quota. [Para 4-5, 13-14]

Judicial Precedents – Reference to Division Bench and Single Judge decisions in similar cases. Application of established legal principles to the current dispute over promotion and seniority among Assistant Engineers in Kerala Water Authority. [Para 15-17]

Decision – Invalidity of including Diploma quota promotees in Degree quota seniority list for further promotions. Directive to recast Ext.P17 promotion order and seniority lists in accordance with established rules and precedents. Dismissal of W.P.(C) No. 27817/2023 and allowance of W.P.(C) No. 5277/2023. [Para 18-19

Murder and Grievous Injury – Conviction of Mohan Kumar under Sections 302 and 326 of IPC for the murder of Padma Kumari and inflicting grievous injury on Binod Kumar – Sentenced to life imprisonment and fines, with sentences to run consecutively. [Para 1]

Circumstantial Evidence and Witness Testimonies – Case based on circumstantial evidence without eye-witness testimony – Inconsistencies in the statements of the prosecution witnesses, with key witnesses not supporting the prosecution's case. [Paras 5, 9-15, 20-21, 25-27]

Investigative Lapses – Issues raised regarding the investigation process, including the absence of a serological examination of the weapon and the lack of the appellant's signature on the seizure list, raising doubts about the seizure's authenticity. [Paras 6, 16, 25]

Legal Principles on Circumstantial Evidence – Application of legal principles concerning circumstantial evidence – Requirement for the prosecution to establish a conclusive chain of circumstances pointing unerringly towards the guilt of the accused. [Paras 21-22, 28-30]

Decision – Appeal allowed, conviction under Sections 302/326 IPC set aside – Mohan Kumar acquitted on the benefit of doubt and ordered to be released forthwith unless required in another case. [Para 31]

Corporate Insolvency Resolution Process – Associate Decor Limited – Challenge to the minutes of the 22^nd Committee of Creditors meeting for being non est and illegal – Petitioner contending inadequate notice period for Committee of Creditors’ meeting contrary to Section 24 of the Insolvency and Bankruptcy Code and Regulation 19 of the IBBI Regulations. [Paras 3, 7, 9, 13-15]

Notice Requirements and Legal Provisions – Insufficiency in notice period for the Committee of Creditors meeting – Section 24 of the Insolvency and Bankruptcy Code and Regulation 19 of the IBBI Regulations necessitate a minimum notice period, reducible to 24 hours – Inadequate notice rendering the meeting and its resolutions unsustainable and non est. [Paras 14-15]

Resolution Professional Conduct – Allegations against the resolution professional’s conduct in the insolvency resolution process – Petitioner’s claims of hurried proceedings and erroneous information memorandum – Court reserving the petitioner’s liberty to file a complaint with the IBBI under Section 196 of the Code. [Paras 15-16]

Reconsideration of Restructuring Proposal – Directive for the Committee of Creditors to reconsider the petitioner’s restructuring proposal under Section 12A of the Code in light of the quashed resolutions. [Para 17]

Decision – Writ petition allowed in part – Resolutions of the 19^th Committee of Creditors meeting dated 11-02-2020 and the minutes of the 22^nd meeting dated 21-12-2022 quashed – Petitioner granted liberty to file a complaint with the IBBI – Committee of Creditors directed to reconsider the restructuring proposal. [Paras 18(i)-(vi)]

Input Tax Credit & Special Rebate under KVAT Act – Assessment Years 2009-10 to 2012-13 – Petitioners, rubber dealers, entitled to input tax credit and special rebate under Sections 11 and 12 of KVAT Act for tax paid on local rubber purchases. [Para 2]

Exemption Notifications and Inter-State Sales – Notification under Section 8(5) of CST Act exempting natural rubber from CST – Impact on input tax credit for inter-state sales exempted from tax under 3^rd proviso to Section 11(3) and Section 12(1) of KVAT Act. [Paras 3, 7]

Assessment Authority’s View – Disallowance of input tax credit and special rebate for inter-state sales of exempted goods under Annexures-I and II notifications, despite actual payment of CST under Section 8(1) of CST Act. [Para 3]

Appellate Tribunal Decision – Adjustment of CST paid on inter-state sales against demands raised due to disallowance of input tax credit, based on Annexure-VII notification clarifying the optionality of Annexures-I and II notifications. [Para 4]

High Court Judgment – Disposal of revisions without modification, affirming Tribunal’s limited relief. Exemption notifications not optional in statutory context, affecting input tax credit entitlement. Questions of law answered against assesses and in favor of Revenue. [Para 7]

Setting aside ex parte composite award – Appellant filed appeals against the order dismissing applications under Order 9 Rule 13 CPC to set aside ex parte award – Appellant claimed summons were never served and proper address not given – Appellant learned of ex parte award later and filed applications – Court considers the sufficiency of cause to set aside the ex parte award. [Para 1-5]

Service of summons – Summons were sent to the appellant’s given address, and lastly, to appear on 26.5.2008 – Summons received by appellant’s father, but no representation on behalf of the appellant on the fixed date – Appellant proceeded against ex parte – Appellant failed to provide a plausible explanation for non-appearance. [Para 11-13]

Dismissal of appeals – Court finds no reason to disagree with the Tribunal’s findings – Appeals dismissed as devoid of merits. [Para 14]

Bail Application – Regular Bail under Section 439 Cr.PC – Petitioner charged under Section 22/61/85 of the Narcotic Drugs and Psychotropic Substances Act, 1985 – Recovery of contraband – Allegation of non-compliance with Sections 42 and 50 of the NDPS Act – Petitioner's claim of false implication – First-time offender – Lengthy custody period – Reference to Supreme Court judgments on bail in similar cases [Para 1-9]

Bail – Consideration of bail in light of Section 37 of the NDPS Act – Recovery of commercial quantity of contraband – Substantial compliance with Section 37 – Importance of Article 21 (right to a speedy trial) – Grant of bail without expressing views on merits of the case – Conditions imposed on petitioner's release [Para 8-12]

Registration of Rice Mill - Petitioner seeks setting aside of order rejecting its application for final registration of rice mill - Petitioner purchased mill in auction and applied for allotment of paddy - Respondent rejected registration on the ground of inadequate land size - Petitioner claims to have obtained additional land on lease - Court examines relevant policy and instructions. [Para 1-3]

Ownership of Land - Instructions state that a new mill should be established on own land and cannot be on leased land - Petitioner purchased mill along with land in public auction - Court finds no dispute regarding ownership of the land - Petitioner is having sufficient plant and machinery - Policy allows rice millers to obtain land on lease within 4 kilometers. [Para 7-8]

Allocation of Paddy - Respondent had previously allotted paddy to the petitioner from 2017 to 2022 - Claim rejected based on instructions dated 13.08.2013 - Court considers the time-sensitive nature of the paddy allocation - Directs the respondent to reconsider the petitioner's claim for paddy allotment within two weeks. [Para 9-10]

Decision - Court orders the respondent to reconsider the petitioner's claim for paddy allotment based on the petitioner's ownership of land and compliance with policy provisions regarding additional leased land - Needful to be done within two weeks. [Para 11]

Administrative Law – Allotment of Petrol Pump – Petitioner's candidature for the allotment of petrol station canceled due to non-disclosure of 1 marla land abutting the road – Violation of terms and conditions of the brochure – Petitioner's contention that the land could be ignored for allotment – Respondent's insistence on compliance with brochure's conditions. [Para 1-8]

Decision – Petitioner's petition seeking to set aside the cancellation of candidature dismissed – Respondent's rejection of candidature upheld due to non-disclosure of the 1 marla land – No manifest arbitrariness or mala fide intention found on the part of the respondent – Dismissal of the petition does not preclude the petitioner from applying for future allotments. [Para 9-10]