Constitutional Law – Equality Before Law – Reversion of Appellants to parent department contested – Appellants initially posted at Government Medical College Jammu by the Principal, later reverted by an order which was challenged for lack of jurisdiction and procedural propriety – High Court's decision to uphold reversion affirmed – No statutory rule mandating prior consent for deputation – Appellants' continued service at Medical College inferred consent – Reversion found legally sound [Paras 1-26].Service Law – Cadre and Deputation – Appellants selected as Assistant Surgeons under Directorate of Health Services – Posted at Government Medical College Jammu – Contention that posts belonged to cadre of Medical Education rejected – Separate rules for Health Services and Medical Education – No posts of Assistant Surgeons in Medical Education Directorate – Posting at Medical College deemed deputation – Salary drawn from Health Services Directorate, reinforcing deputation status [Paras 18-21].Competent Authority – Jurisdiction of Principal Government Medical College – Principal issued reversion order – Contention of lack of authority rejected – Authority vested in Directorate of Health Services for initial appointments and reversion [Paras 10-11].Judicial Precedent – Articles 14, 141 of the Constitution – Discrepancy in adjudication of similar matters – Letters Patent Appeals disposed of differently – Supreme Court extends binding nature of decision to all similarly situated individuals – Legal consistency maintained [Paras 23-25].Decision: Appeals dismissed – Reversion to parent department upheld – Appellants allowed to continue at present posting until March 31, 2013 – Directed to report to Directorate of Health Services thereafter [Paras 21, 26].

Service Law – Eligibility Criteria – Appellant recommended for Short Service Commission in the Army Medical Corps (AMC) but denied on grounds of medical category SHAPE-II due to 'Amputation Ring Finger Left Hand' – Tribunal failed to consider the Notification under Section 9 of the Army Act, which deems personnel on active service even during non-operational duties – Supreme Court finds appellant’s injury sustained while on active service, thus fulfilling eligibility criteria under SHAPE-II [Paras 1-19].Active Service – Definition and Application – Interpretation of 'active service' under Army Act – Injury sustained while traveling to join duty deemed as sustained on active service by virtue of the Notification dated November 29, 1962 – Supreme Court applies broad definition covering all personnel under active service for purposes of eligibility [Paras 10-15].Tribunal’s Oversight – Non-consideration of Government Notification – Tribunal overlooked critical notification deeming personnel on active service – Order set aside for failure to apply correct legal standards and criteria [Paras 17-18].Decision: Appeals allowed – Order of Tribunal set aside – Authorities directed to consider appellant’s case under Medical Category SHAPE-II and grant commission if otherwise eligible [Paras 19-20].

Criminal Law – Murder and Attempt to Murder – Conviction of appellant for planting explosive device in a barber shop – Explosive device resulted in the death of Shankar and injuries to Krishna and Shivaram – Prosecution established common intention to kill Muniraju but Shankar became unintended victim – Conviction under Sections 302, 307, and 427 IPC and Section 3 of Explosive Substances Act upheld [Paras 1-3, 28].Evidence – Approver’s Testimony – Conviction based on testimony of approver Hanif – Appellant argued for lack of corroboration – Court upheld conviction noting substantial corroboration by independent witnesses and forensic evidence – Corroborative evidence included depositions of PWs and forensic analysis of explosive residues [Paras 14-21].Motive – Domestic Dispute – Motive established through evidence of strained relationship between A-1 and PW-8 – Appellant believed PW-14 Muniraju was responsible for his domestic troubles – Threats by A-1 and A-2 to Muniraju corroborated by multiple witnesses – High Court affirmed trial court’s finding on motive [Paras 4-13].Medical and Forensic Evidence – Nature of Injuries and Explosion – Injuries described by medical experts consistent with explosion – Forensic analysis confirmed presence of explosive substances – Medical and forensic evidence supported prosecution’s case of death and injuries caused by bomb blast [Paras 25-27].Decision: Appeal dismissed – Conviction and varying sentences awarded by the trial court and upheld by the High Court affirmed – No interference warranted in the appreciation of evidence by lower courts [Para 28].

Criminal Law – Conviction on Circumstantial Evidence – Appellant convicted for abduction, fraud, and related offences – Conviction for murder by trial court based on circumstantial evidence overturned by High Court – High Court found lack of direct evidence or conclusive proof of homicidal death – Prosecution failed to establish crucial link between appellant and the alleged murder [Paras 1-13, 28].Last Seen Theory – Insufficient to Prove Guilt – Evidence of appellant being last seen with deceased not sufficient for conviction – Proximity of time and place crucial for last seen theory to hold – Mere presence with deceased before disappearance does not conclusively prove guilt without corroborative evidence [Paras 15-18].Absence of Corpus Delicti – Importance in Murder Conviction – No recovery of the deceased’s body – Established law that murder conviction can be based on strong circumstantial evidence even without corpus delicti – In this case, evidence not strong enough to prove murder beyond reasonable doubt [Paras 9-12].Motive – Lack of Strong Motive Weakens Prosecution Case – No evidence of enmity or motive for appellant to murder deceased – Motive critical in cases relying on circumstantial evidence – Weak motive adds to doubt about appellant’s involvement in murder [Para 14].Decision: Appeal dismissed – High Court’s acquittal of appellant for murder upheld – Conviction for other offences affirmed – Prosecution’s evidence insufficient to prove murder beyond reasonable doubt – Appellant granted benefit of doubt [Paras 19-20].

Public Service Commission – Supplementary Lists – Kerala Public Service Commission (PSC) challenged High Court's directive to use supplementary list after exhaustion of main list – Supreme Court examined validity of maintaining supplementary list independently – Held that once main list is exhausted, supplementary list loses significance and cannot be operated independently [Paras 3, 9, 12].

Kerala PSC Rules – Interpretation of Supplementary List – Supplementary list intended to ensure adequate representation of reserved categories – Operates only while main list is valid – High Court's directive to operate supplementary list after main list exhausted contrary to established legal principles – Main list and supplementary list are interdependent [Paras 7-8, 10-11].

Legal Precedent – Nair Service Society Case – Reference to Supreme Court's ruling in Nair Service Society v. Kerala Public Service Commission – Court reiterated supplementary list’s lack of statutory backing and dependent status on main list – Supplementary list cannot survive independently once main list is exhausted [Paras 5, 7].

Decision: Appeal allowed – High Court's directive set aside – Supplementary list cannot be operated independently after main list exhaustion – Kerala PSC’s rules and procedures reaffirmed [Paras 12-13].

Civil Procedure – Burden of Proof – Appellants claimed money recovery based on account entries signed by respondent – Respondent denied signatures – Lower courts held signatures genuine; burden on respondent to disprove – High Court reversed, citing appellants' failure to prove signatures via handwriting expert – Supreme Court held High Court erred; burden appropriately placed by lower courts on respondent once initial burden met by appellants [Paras 15-16, 21].

Pleadings and Evidence – Variance and Specific Denial – High Court noted discrepancies between plaint and evidence – Supreme Court held discrepancies minor, did not prejudice respondent – Specific denial of signatures required; mere evasive denial insufficient under Order 8 Rules 3-5 CPC – Evasive responses taken as admissions when specific denial absent [Paras 22-24, 26].

Books of Accounts – Regular Course of Business – Books of accounts regularly maintained considered reliable unless strong reasons indicate unreliability – Respondent’s mere denial of entries insufficient to reject accounts – Supreme Court upheld reliability of accounts in absence of rebuttal evidence from respondent [Paras 28-29].

Decision: Appeal allowed – High Court’s judgment set aside – Lower courts' decrees favoring appellants restored – Costs not awarded [Para 30].

Excise Law – Settlement of Licences – Interpretation of Rules – High Court held licence fee liability starts from issuance of licence – Supreme Court reversed, holding liability starts from date of settlement – Respondent delayed advance security payment causing approval delay – Settlement date governs fee liability under Rule 24 [Paras 3, 17-18, 20, 24].

Default in Advance Security – Rule Compliance – Respondent failed to pay advance security timely as per Rule 19 – Licensing Authority recommended approval despite delay; Excise Commissioner approved – High Court erroneously applied condonation of default – Supreme Court held no condonation applicable in excise trade; fee liability begins from settlement date regardless of licence issuance delay [Paras 19-21].

Trade in Liquor – Regulatory Nature – State's control over liquor trade – No fundamental right to trade in liquor – Rules govern licence terms strictly – Judicial latitude limited in interfering with state policy on liquor regulation – Economic and public morality considerations central to regulatory framework [Paras 21-31].

Decision: Appeal allowed – High Court’s judgment set aside – Excise Commissioner’s order restored – Respondent liable for licence fee from date of settlement (5th June 2006) to date of licence issuance (5th July 2006) [Paras 31-32].

Municipal Law – Change of Land Use – Amendment of Section 173-A – Rajasthan Municipal Corporation demanded conversion charges for changing land use from residential to commercial – Respondents challenged the demand citing earlier Supreme Court judgment – High Court quashed demand relying on un-amended Section 173-A – Supreme Court held amended Section 173-A applicable, validating the demand [Paras 6-12].

Amendment Interpretation – Section 173-A – Amended provision includes restrictions on land use changes beyond state/municipal allotted lands, covers any land use changes non-conforming to Master Plan – Conversion charges applicable for change from residential to commercial use under amended rules [Paras 12-14].

Judicial Precedent – Misapplication – High Court erred applying precedent interpreting un-amended Section 173-A – Supreme Court clarified amended provision extends conversion charges to broader land use changes, aligning with urban planning objectives [Paras 13-15].

Regulated Development – Urban Planning – Legislative intent to ensure planned urban development through conversion charges for land use changes – Conversion charges part of regulatory framework under municipal law [Paras 13-14].

Decision: Appeals allowed – High Court judgments set aside – Municipal Corporation's demand for conversion charges upheld – Respondents may challenge land use classification under Master Plan before Municipal Corporation [Paras 16].

Criminal Procedure – Appeal Against Acquittal – Determining proper forum for appeal in complaint cases – High Court dismissed appeal holding Sessions Court jurisdiction for state appeals – Supreme Court reversed, holding appeals in complaint cases lie to High Court [Paras 7-8, 16-18].

Jurisdiction – Sections 378(1) and 378(4) CrPC – State may direct appeal to High Court except in cognizable and non-bailable offences by Magistrate, directed to Sessions Court – Complaint case appeals specifically under Section 378(4) to High Court – Legal interpretation affirmed by Law Commission reports and legislative amendments [Paras 12-17].

Legislative Intent – Amendment to Section 378 – 154th Law Commission Report led to 2005 amendment – Introduced district-level appeals for certain acquittals to expedite process – State appeals to High Court retained except for specific exclusions – Legislative purpose to check arbitrary acquittals acknowledged [Paras 12, 19-20].

Decision: Appeal allowed – High Court’s order quashed – Complaint-based acquittal appeals to be filed in High Court – Specific leave required for complainant’s appeal upheld – Sessions Court jurisdiction limited to non-complaint state-directed appeals [Paras 21].