Bail Application – Rejection of Interim Bail in Murder Case – Petitioner, Varun, accused under Sections 302/307/34 IPC, sought interim bail for attending PHD classes at University of Gujarat – Application dismissed due to the serious nature of the allegations and potential threat to the complainant and witnesses. [Para 1, 4, 6-7, 11]

Comparison with Other Cases – Reliance on Kerala High Court and Delhi High Court orders for interim bail – Distinct facts and circumstances in the current case, where the petitioner is accused of a serious offence and is in judicial custody, unlike the cases cited where facilities like video conferencing were utilized. [Para 8]

Education Rights versus Judicial Custody – Emphasis on the gravity of the offence over the right to education – Question raised on the decision of the petitioner to enroll in full-time coursework while in judicial custody, when other educational options are available. [Para 9-10]

Decision – Application for interim bail denied based on the nature and gravity of the offence and the accused's situation in judicial custody – Case listed for arguments on charge in the trial court. [Para 11]

Medical Termination of Pregnancy Act, 1971 - Application for Termination of Pregnancy - Application under Articles 226 and 227 of the Constitution of India along with Section 482 of the CrPC and the Medical Termination of Pregnancy Act, 1971 - Applicant-victim, a minor aged about 16 years seeking termination of pregnancy resulting from rape - Application includes offences under Sections 376(2)(j), 376(2)(n) IPC and Sections 6, 10, 18 of the POCSO Act. [Para 2]

Medical Examination and Report - Court's order for medical examination by Civil Hospital, Bhavnagar's Medical Board - Medical Board's report indicating pregnancy of 27 weeks and 04 days with a viable fetus, suggesting possible methods for termination and highlighting potential risks. [Paras 4, 7, 8]

Victim's Consent and Psychological Evaluation - Court's interaction with victim to ascertain her will - Victim's firm decision to terminate pregnancy after being apprised of medical report - Assessment of mental and psychological preparedness as per guidelines. [Para 5]

Legal Precedents and Guidelines for Termination of Pregnancy - Reference to Supreme Court decisions and MTP Amendment Act, 2021 - Emphasis on the pregnant woman's autonomy and right to bodily integrity - Consideration of mental health and dignity of rape victims in allowing termination of pregnancy beyond standard legal limits. [Paras 10-14]

Direction for Termination of Pregnancy and Responsibilities - Court's directions for termination of pregnancy by senior medical professionals - Emphasis on safety and care during pre- and post-termination - Provisions for DNA sampling for investigation purposes - State's responsibility for the child if born alive and unclaimed by the victim, in adherence to Juvenile Justice Act, 2005. [Paras 14-16]

Conclusion - Petition disposed of with directions for immediate action and care for both the victim and potential child. [Para 17]

Specific Performance Suit – Sale of Property – Appeal against trial court’s judgment declining specific performance and ordering return of advance sale consideration – Original suit involved an agreement (Ext.A1) for sale of property, with the plaintiff alleging defendant’s evasion of performance. [Para 2]

Readiness and Willingness to Perform – Key issue in the appeal – Whether the plaintiff demonstrated readiness and willingness to perform the agreement terms, crucial for specific performance – Trial court found plaintiff lacking in proving continued readiness and willingness. [Paras 5, 7]

Evidence Analysis – Consideration of Ext.A2 (notice), Ext.A3 (defendant’s willingness), Ext.B2 (defendant’s presence at Sub Registry Office), and Ext.A4 (plaintiff’s bank passbook) – Evidence indicated defendant’s readiness but not plaintiff’s. [Paras 6-7]

Financial Capacity – Plaintiff’s inability to show sufficient funds for balance sale consideration – Reliance on oral statement about land acquisition compensation, without supporting evidence. [Para 7]

Interest on Advance Sale Consideration – Modification of trial court’s order – Interest rate increased to 12% per annum from agreement date to filing of suit, then 9% per annum till realisation, considering the defendant’s use of the amount and banking rates during the relevant period. [Para 9]

Decision – Appeal partially allowed – Judgment modified regarding interest rate, upheld in other aspects. 

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

Kidnapping for Ransom – Conviction of Two Accused Upheld, One Acquitted – Appellants Sukhjinder Singh and Sukhdev Singh convicted for kidnapping minor for ransom – Prabhjot Singh acquitted due to insufficient evidence – Victim kidnapped on 18.01.2014, recovery and arrest details substantiated – Conviction under Sections 364-A and 365 read with Section 120-B IPC upheld for Sukhjinder and Sukhdev, but acquitted under Section 25 of Arms Act. [Paras 11, 31-34]

Evidence and Witness Credibility – Inconsistent Testimonies and Unproven Allegations – Inconsistencies in witnesses' testimonies regarding kidnappers' identity and role – Victim's inconsistent statements about kidnappers – Insufficient evidence to link Prabhjot Singh to the kidnapping, leading to his acquittal. [Paras 16-28]

Phone Surveillance and Ransom Demands – Establishing Kidnapping for Ransom – Phone surveillance and recorded calls used to establish ransom demands – Expert testimony and call records implicated Sukhjinder Singh in ransom negotiation – Victim's recovery from custody of Sukhjinder Singh and Sukhdev Singh corroborates kidnapping for ransom. [Paras 32-34]

Acquittal of Accused under Arms Act – Lack of credible evidence linking Sukhjinder Singh and Sukhdev Singh to illegal possession of firearms – Acquitted under Section 25 of Arms Act, but conviction for kidnapping upheld. [Paras 29, 35]

Decision – Prabhjot Singh acquitted due to lack of convincing evidence – Sukhjinder Singh and Sukhdev Singh's convictions for kidnapping upheld, but acquitted of Arms Act charges – Appeals of Sukhjinder and Sukhdev partly allowed, Prabhjot's appeal fully allowed. [Para 35]

Petitioner’s Appointment and Subsequent Cancellation – Petitioner appointed as Patwari following advertisement dated 17.1.2020 – Appointment cancelled due to past criminal convictions revealed during police verification – Petitioner convicted in two cases under IPC sections 147, 149, 447, 323, 325 but given probation under the Probation of Offenders Act, 1958. [Para 1-2]

Legal Challenge to Cancellation – Petitioner argued that mere conviction should not be a disqualification for appointment, citing the Rajasthan Revenue (Land Records, Settlement and Colonization) Subordinate Service Rules, 1970 – Relied on Supreme Court judgments in Pramod Singh Kirar Vs. State of Madhya Pradesh & Ors. and Ashok Ram Parhad & Ors. Vs. The State of Maharashtra & Ors. [Para 3]

Respondents’ Defence – Respondents cited circulars by the Department of Personnel, specifying ineligibility for government service for candidates with certain offences – Referenced a similar case (Bhinya Ram Jajra Vs. State of Rajasthan) where the court upheld the employer's right to consider suitability for employment based on government orders/instructions/rules. [Para 4]

Court’s Analysis and Decision – The Court referenced guidelines from Supreme Court in Avtar Singh case regarding the employment of candidates with criminal antecedents – Concluded that the petitioner’s past offences fall within the prohibited categories as per the circulars dated 15.7.2016 and 4.12.2019 – Upheld the respondents' decision to cancel the petitioner's appointment. [Para 5-7]

Bribery and Misconduct Allegation – Acquittal of Doddi Narasimha Rao, Tap Inspector, Guntur – Accused of demanding a bribe for installing a water tap connection. State alleged offences under Sections 7 and 13(2) r/w 13(1)(d) of the Prevention of Corruption Act. Key witness, PW1, turned hostile, altering the prosecution’s narrative. [Paras 3, 4, 14-15]

Evidence and Witness Credibility – Hostile witness PW1 altered testimony, affecting the credibility of the prosecution’s case. PW2 and PW3’s testimonies, cited as post-trap incident witnesses, did not support the prosecution’s version. Recovery of tainted money from the accused not conclusively linked to bribery demand. [Paras 14-15, 17, 20-21]

Presumption Under Prevention of Corruption Act – Section 20 – Prosecution failed to establish foundational facts necessary to invoke presumption of guilt under Section 20. The Supreme Court’s precedent in Neeraj Dutta v. State emphasized the need for foundational facts for presumption applicability. [Para 21]

Judicial Reasoning and Decision – Appeal dismissed, confirming the acquittal judgment of the Special Judge for SPE & ACB Cases, Vijayawada. The court found the prosecution failed to prove beyond reasonable doubt the demand and acceptance of bribe by the respondent. [Paras 22-23]

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)]