Mere Allegations of Harassment Do Not Constitute Abetment of Suicide: Punjab & Haryana High Court Grants Bail to Wife in Matrimonial Suicide Case 'Convenience Of Wife Not A Thumb Rule, But Custody Of Minor Child Is A Weighing Aspect': Punjab & Haryana HC Transfers Divorce Case To Rohtak MACT | A Minor Cannot Be Treated as a Non-Earner: Punjab & Haryana High Court Consensual Love Affair Not Cheating Under IPC Section 417: Madras High Court Acquits Man Despite Paternity Confirmation Review Jurisdiction is an Ant-Hole in a Pigeon-Hol: Madras High Court Dismisses Review Plea Against Order Upholding Arbitral Award on Liquidated Damages Bank Can Freeze Guarantor’s Salary Account to Recover Loan Dues: Kerala High Court Clarifies CPC Exemption Does Not Apply to Banker’s Right Revenue Entry Calling Property ‘Ancestral’ Does Not Create Title: Gujarat High Court Upholds Registered Will in Second Appeal Licensee Cannot Resist Resumption Of Railway Land: Gauhati High Court Upholds Eviction For Amrit Bharat Station Scheme Mere Non-Payment of Business Dues Is Not Cheating: Calcutta High Court Protects Traders from Criminal Prosecution in Purely Civil Dispute Prosecution’s Failure to Prove Age of Prosecutrix Beyond Reasonable Doubt Fatal to POCSO Conviction: Rajasthan High Court Judicial Review Is Not A Substitute For Examiner’s Judgment: Delhi High Court Rejects DJSE Candidate’s Plea Over Alteration of Marks Part-Payments Extend Limitation - Each Payment Revives Limitation: Delhi High Court No Title, No Right, No Equity: Bombay High Court Demolishes Claim Over Footpath Stall, Imposes ₹5 Lakh Costs for Abuse of Process Cooperative Society Is A “Veritable Party” To Arbitration Clause In Flat Agreements, Temple Trust Entitled To Arbitrate As Non-Signatory: Bombay High Court State Government Cannot Review Its Own Revisional Orders Under Section 41(3): Allahabad High Court Affirms Legal Bar on Successive Reviews When Several Issues Arise, Courts Must Answer Each With Reasons: Supreme Court Automatic Retention Trumps Lessee Tag: Calcutta High Court Declares Saregama India ‘Raiyat’, Directs Reconsideration of Land Conversion Application Recovery of Valid Ticket Raises Presumption of Bona Fide Travel – Burden Shifts to Railways: Delhi High Court Restores Railway Accident Claim Failure to Frame Issue on Limitation Vitiates Award of Compensation Under Telegraph Act: Gauhati High Court Sets Aside Order, Remands Matter Compassionate Appointment Is Not a Heritable Right: Gujarat High Court Rejects 9-Year Delayed Claim, Orders Re-Issuance of ₹4 Lakh Compensation Court Cannot Rewrite Contracts to Suit Contractor’s Convenience: Kerala High Court Upholds Termination of Road Work Under Risk and Cost Clause Post-Bail Conduct Is Irrelevant in Appeal Against Grant of Bail: Supreme Court Clarifies Crucial Distinction Between Appeal and Cancellation Granting Anticipatory Bail to a Long-Absconding Accused Makes a Mockery of the Judicial Process: Supreme Court Cracks Down on Pre-Arrest Bail in Murder Case Recognition as an Intangible Asset Does Not Confer Ownership: Supreme Court Draws a Sharp Line Between Accounting Entries and Property Rights IBC Cannot Be the Guiding Principle for Restructuring the Ownership and Control of Spectrum: Supreme Court Reasserts Public Trust Over Natural Resources Courts Cannot Convict First and Search for Law Later: Supreme Court Faults Prosecution for Ignoring Statutory Foundation in Cement Case When the Law Itself Stood Withdrawn, How Could Its Violation Survive?: Supreme Court Quashes 1994 Cement Conviction Under E.C. Act Ten Years Means Ten Years – Not a Day Less: Supreme Court Refuses to Dilute Statutory Experience Requirement for SET Exemption SET in Malayalam Cannot Qualify You to Teach Economics: Supreme Court Upholds Subject-Specific Eligibility for HSST Appointments Outsourcing Cannot Become A Tool To Defeat Regularization: Supreme Court On Perennial Nature Of Government Work Once Similarly Placed Workers Were Regularized, Denial to Others Is Discrimination: Supreme Court Directs Regularization of Income Tax Daily-Wage Workers Right To Form Association Is Protected — But Not A Right To Run It Free From Regulation: Supreme Court Recalibrates Article 19 In Sports Governance S. Nithya Cannot Be Transplanted Into Cricket: Supreme Court Shields District Cricket Bodies From Judicially Imposed Structural Overhaul Will | Propounder Must Dispel Every Suspicious Circumstance — Failure Is Fatal: : Punjab & Haryana High Court Electronic Evidence Authenticity Jeopardized by Unexplained Delay and Procedural Omissions: MP High Court Rejects Belated 65B Application Not Answering to the Questions of the IO Would Not Ipso Facto Mean There Is Non-Cooperation: Supreme Court Grants Anticipatory Bail Undertaking to Satisfy Award Is Not Waiver of Appeal: Supreme Court Restores Insurer’s Statutory Right

(1) ARESH @ ASHOK J. MEHTA (D) BY PROP. L.RS. .....Appellant Vs. SPL. TAHSILDAR BALGAUM KARNATAKA AND ANOTHER .....Respondent D.D 11/03/2013

Land Reforms – Compensation – Appellant was entitled to interest on the compensation amount for land vested with the State from the date of vesting (1st March 1974) until payment – The Karnataka High Court held the appellant was entitled to interest from 1st March 1984 – Supreme Court held interest was due from the date of vesting – Appellant awarded interest at 5% per annum from 1st Mar...

REPORTABLE # Civil Appeal No. 5517 of 2005 Docid 2013 LEJ Civil SC 748538

(2) DEBABRATA DASH AND ANOTHER .....Appellant Vs. JATINDRA PRASAD DAS AND OTHERS .....Respondent D.D 11/03/2013

Judicial Service – Seniority – Fast Track Courts – Supreme Court held that service rendered in Fast Track Courts by way of ad hoc promotion cannot be counted for seniority in the regular cadre of Senior Branch Superior Judicial Service – Appointment in Fast Track Courts was governed by separate rules (2001 Rules) and not by the 1963 Rules – Regularization of service in the Senior Branch ...

REPORTABLE # Civil Appeal No. 2316 of 2013 (Arising out of SLP (C) No. 192 of 2012) APPELLANT(S): DEBABRATA DASH AND ANOTHER .....Appellant VERSUS RESPONDENT(S): JATINDRA PRASAD DAS AND OTHERS .....Respondent Legislation: Constitution of India, 1950 - Articles 233, 234, 309 Delhi Higher Judicial Services Rules, 1970 - Rule 2 Orissa Judicial Service (Special Scheme) Rules, 2001 - Rules 2, 3, 4, 5, 6, 7 Orissa Superior Judicial Service Rules, 1963 - Rules 3, 4, 5, 7, 8, 9, 10, 17 Subject: Appeal concerning the inter se seniority between the Appellants and Respondent No. 1 in the Senior Branch cadre of Orissa Superior Judicial Service, focusing on whether service rendered in Fast Track Courts as Additional District Judge should be considered for seniority after regularization in the Senior Branch cadre under the Orissa Superior Judicial Service Rules, 1963. Headnotes: Judicial Service – Seniority – Fast Track Courts – Supreme Court held that service rendered in Fast Track Courts by way of ad hoc promotion cannot be counted for seniority in the regular cadre of Senior Branch Superior Judicial Service – Appointment in Fast Track Courts was governed by separate rules (2001 Rules) and not by the 1963 Rules – Regularization of service in the Senior Branch cannot be backdated to include ad hoc service in Fast Track Courts [Paras 1-52]. Service Jurisprudence – Ad Hoc Appointment – The Court emphasized that ad hoc appointments made under a special scheme (2001 Rules) do not confer the same rights as appointments made under regular service rules (1963 Rules) – Ad hoc service cannot be equated with regular service for the purpose of seniority [Paras 31-51]. Legal Principle – Seniority and Regularization – Clarified that for an officer to be considered a member of the service and to claim seniority, the appointment must be made to a post in the service in a substantive capacity and not on an ad hoc basis – Regular service rules must be followed for determining seniority [Paras 40-41, 47-48]. Decision – Appeal Allowed – Held – The writ Petitioner’s service in the Fast Track Courts cannot be counted towards his seniority in the Senior Branch cadre of Orissa Superior Judicial Service – The High Court's decision to the contrary was set aside – The Appellants were given seniority over the Respondent [Para 52]. Referred Cases: S.B. Patwardhan and Another v. State of Maharashtra and Others, AIR 1977 SC 2051 Rudra Kumar Sain and Others v. Union of India and Others, AIR 2000 SC 2808 The Direct Recruit Class-II Engineering Officers' Association and others v. State of Maharashtra and others, AIR 1990 SC 1607 Brij Mohan Lal v. Union of India and Others, (2012) 6 SCC 502 O.P. Singla and Another v. Union of India and Others, AIR 1984 SC 1595 Baleshwar Dass and Others v. State of Uttar Pradesh and Others, AIR 1981 SC 41 Brij Mohan Lal v. Union of India and Others, AIR 2002 SC 2096 Representing Advocates: For the Docid 2013 LEJ Civil SC 267923

(3) GOUDAPPA AND OTHERS .....Appellant Vs. STATE OF KARNATAKA .....Respondent D.D 11/03/2013

Criminal Law – Common Intention – The Supreme Court upheld the High Court's conviction of the appellants under Section 302/34 IPC – Held that the actions of the appellants, in holding the deceased while another stabbed him, demonstrated a common intention to commit murder – Mere presence and assistance in holding the deceased justified the inference of shared common intention [Paras 1...

REPORTABLE # Criminal Appeal No. 229 of 2007 APPELLANT(S): GOUDAPPA AND OTHERS .....Appellant VERSUS RESPONDENT(S): STATE OF KARNATAKA .....Respondent Legislation: Criminal Procedure Code, 1973 (CrPC) - Section 313 Indian Penal Code, 1860 (IPC) - Sections 109, 143, 147, 148, 149, 302, 304, 323, 34, 341, 427, 452, 504, 506 Subject: Appeal arising out of the conviction and sentence of the appellants for offenses under IPC Sections 302/34, among others. The appeal challenges the High Court's decision to set aside the acquittal and convict the appellants under Section 302/34 IPC, sentencing them to life imprisonment. Headnotes: Criminal Law – Common Intention – The Supreme Court upheld the High Court's conviction of the appellants under Section 302/34 IPC – Held that the actions of the appellants, in holding the deceased while another stabbed him, demonstrated a common intention to commit murder – Mere presence and assistance in holding the deceased justified the inference of shared common intention [Paras 16-20]. Evidence – Witness Credibility – Eyewitnesses, including the deceased's family members, were found credible despite minor inconsistencies – Their testimonies were consistent with the sequence of events and the medical evidence – The Court rejected the defense's claim of non-visibility from the house's interior [Paras 12-14]. Legal Principle – Section 34 IPC – Emphasized that the principle of joint liability under Section 34 IPC does not require each participant to commit the criminal act but to share the common intention – Participation in the crime with knowledge of the intention suffices for liability [Paras 16-17]. Decision – Appeal Dismissed – Held – The conviction and life sentence under Section 302/34 IPC were upheld – The appellants' involvement in holding the deceased facilitated the fatal stabbing, demonstrating a shared common intention to kill [Para 21]. Referred Cases: Ramashish Yadav and Others v. State of Bihar, AIR 1999 SC 3830 Pandurang Tukia and Bhillia v. State of Hyderabad, AIR 1955 SC 216 Ramesh Singh @ Photti v. State of A.P., (2004) 11 SCC 305 Representing Advocates: For the Docid 2013 LEJ Crim SC 582945

(4) G.M. SIDDESHWAR .....Appellant Vs. PRASANNA KUMAR .....Respondent D.D 08/03/2013

Election Law – Affidavit Requirement – Supreme Court held that the Representation of the People Act, 1951 does not mandate an election petitioner to file an additional affidavit as per Order VI Rule 15(4) of the CPC – Only a single affidavit in the prescribed form is necessary when alleging corrupt practices [Paras 21-30].Substantial Compliance – The Court emphasized substantial compliance...

REPORTABLE # Civil Appeal No. 2250-2251 of 2013 (Arising out of SLP (C) Nos. 14172-14173 of 2010) With Civil Appeal No. 2252-2255 of 2013 (Arising out of SLP (C) Nos. 24886-24889 of 2010) APPELLANT(S): G.M. SIDDESHWAR .....Appellant VERSUS RESPONDENT(S): PRASANNA KUMAR .....Respondent Legislation: Civil Procedure Code 1908 (CPC) - Order 19 Rule 3, Order 6 Rule 15, Order 6 Rule 15(4), Order 6 Rule 16, Order 7 Rule 11, Section 26(2) Conduct of Elections Rules 1961 - Rule 94A Representation of the People Act 1951 - Sections 100(1), 117, 80, 81, 81(3), 82, 83, 83(1), 83(2), 86, 86(1), 90(3), 98 Subject: Appeals addressing whether an election petition must include an affidavit per Order VI Rule 15(4) of the CPC in addition to an affidavit under the proviso to Section 83(1) of the Representation of the People Act, 1951. Consideration of the dismissal of an election petition for a defective affidavit. Headnotes: Election Law – Affidavit Requirement – Supreme Court held that the Representation of the People Act, 1951 does not mandate an election petitioner to file an additional affidavit as per Order VI Rule 15(4) of the CPC – Only a single affidavit in the prescribed form is necessary when alleging corrupt practices [Paras 21-30]. Substantial Compliance – The Court emphasized substantial compliance with the prescribed affidavit format under Rule 94-A of the Conduct of Elections Rules, 1961 – A defective affidavit is curable, and the petitioner must be given an opportunity to correct it [Paras 31-35]. Legal Fiction – Verification and Affidavit – The Court discussed the separate roles of verification under Section 83(1)(c) and the affidavit supporting allegations of corrupt practices – Held that the affidavit required under Section 83(1)(c) forms an integral part of the election petition [Paras 38-40]. Doctrine of Substantial Compliance – The Court applied the doctrine of substantial compliance to uphold the validity of the petitioner's affidavit despite technical defects – Emphasized that minor defects in the affidavit do not warrant the dismissal of an election petition at the threshold [Paras 53-65]. Decision – Appeals Dismissed – Held – Defective affidavits are not fatal to the maintainability of an election petition – The petitioner’s affidavit substantially complied with the required format – High Court’s decision allowing correction of defects upheld [Para 67]. Referred Cases: Umesh Challiyil v. K.P. Rajendran, AIR 2008 SC 1577 Sardar Harcharan Singh Brar v. Sukh Darshan Singh and Others, AIR 2005 SC 22 K.K. Ramachandran Master v. M.V. Sreyamakumar and Others, (2010) 6 JT 480 P.A. Mohammed Riyas v. M.K. Raghavan and Others, AIR 2012 SC 2784 M. Kamalam v. Dr. V.A. Syed Mohammed, AIR 1978 SC 840 G. Mallikarjunappa and Another v. Shamanur Shivashankarappa and Others, AIR 2001 SC 1829 Girnar Traders v. State of Maharashtra and Others, (2011) 1 JT 469 Mr. V. Narayanaswamy v. Mr. C.P. Thirunavukkarasu, AIR 2000 SC 694 T.M. Jacob v. C. Poulose and Others, AIR 1998 SC 2939 Sahodrabai Rai v. Ram Singh Aharwar, AIR 1968 SC 1079 Murarka Radhey Shyam Ram Kumar v. Roop Singh Rathore and Others, AIR 1964 SC 1545 Azhar Hussain v. Rajiv Gandhi, AIR 1986 SC 1253 Ch. Subbarao v. Member Election Tribunal Hyderabad, AIR 1964 SC 1027 R.P. Moidutty v. P.T. Kunju Mohammad and Another, AIR 2000 SC 388 F.A. Sapa Etc. Etc. v. Singora and Others, AIR 1991 SC 1557 Hardwari Lal v. Kanwal Singh, AIR 1972 SC 515 Ponnala Lakshmaiah v. Kommuri Pratap Reddy and Others, AIR 2012 SC 2638 Mohan Singh v. Late Amar Singh Thr. The Lrs., AIR 1999 SC 482 Dhananjay Sharma v. State of Haryana and Others, AIR 1995 SC 1795 Anil Vasudev Salgaonkar v. Naresh Kushali Shigaonkar, (2009) 10 JT 684 Representing Advocates: For the Docid 2013 LEJ Civil SC 724878

(5) POURNIMA SURYAKANT PAWAR .....Appellant Vs. STATE OF MAHARASHTRA AND OTHERS .....Respondent D.D 07/03/2013

Caste Verification – Scrutiny Committee's Findings – Supreme Court upheld the Scrutiny Committee's findings that the petitioners did not belong to the 'Thakar Scheduled Tribe' – The Committee found discrepancies in the petitioners' documents and failed the affinity test – The decision was based on substantial evidence showing varied caste entries in historical reco...

REPORTABLE # Special Leave Petition (Civil) No. 3910 of 2008 APPELLANT(S): POURNIMA SURYAKANT PAWAR .....Appellant VERSUS RESPONDENT(S): STATE OF MAHARASHTRA AND OTHERS .....Respondent Legislation: Constitution of India, 1950 - Articles 226, 32 Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 - Sections 6, 8, 10, 11 Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976 Subject: Special Leave Petitions challenging the decision of the Scheduled Tribe Certificate Scrutiny Committee, Pune Region, rejecting the claim of the petitioners to belong to the 'Thakar Scheduled Tribe.' The petitions also challenge the High Court's affirmation of the Scrutiny Committee's decisions. Headnotes: Caste Verification – Scrutiny Committee's Findings – Supreme Court upheld the Scrutiny Committee's findings that the petitioners did not belong to the 'Thakar Scheduled Tribe' – The Committee found discrepancies in the petitioners' documents and failed the affinity test – The decision was based on substantial evidence showing varied caste entries in historical records [Paras 2-8, 13-14]. Evidence – Affinity Test – The Court noted that the petitioners' information about community traits and customs was inconsistent with that provided by their family members – The Scrutiny Committee's reliance on the Vigilance Cell's report and historical school records was justified [Paras 4-7]. Legal Principle – Judicial Review – The Court reiterated that High Courts should not act as appellate bodies over the Scrutiny Committee's findings – Judicial review is limited to checking whether the Committee considered all relevant materials and followed due process – Findings supported by evidence should not be overturned [Paras 12-14]. Decision – Special Leave Petitions Dismissed – Held – The decisions of the Scrutiny Committee and the High Court were upheld – The petitioners' claim to 'Thakar Scheduled Tribe' status was rejected based on substantial evidence and proper application of the law [Para 15]. Referred Cases: Kumari Madhuri Patil and Another v. Addl. Commissioner Tribal Development and Others, AIR 1995 SC 94 Representing Advocates: For the Docid 2013 LEJ Civil SC 681713

(6) INDIAN SOAPS AND TOILETRIES MAKERS ASSOCIATION .....Appellant Vs. OZAIR HUSAIN AND OTHERS .....Respondent D.D 07/03/2013

Consumer Rights – Labeling of Products – The Supreme Court held that consumers have the right to know the ingredients of the products they use, but the implementation of labeling cosmetics and drugs with vegetarian or non-vegetarian symbols involves practical difficulties and legal considerations – The High Court's directive to label such products was set aside as it was beyond the juri...

REPORTABLE # Civil Appeal No. 5644 of 2003 APPELLANT(S): INDIAN SOAPS AND TOILETRIES MAKERS ASSOCIATION .....Appellant VERSUS RESPONDENT(S): OZAIR HUSAIN AND OTHERS .....Respondent Legislation: Constitution of India, 1950 - Articles 19(1), 19(2), 21, 25, 32, 226 Drugs and Cosmetics Act, 1940 - Sections 3, 5, 6, 7, 8, 16, 18A, 26A, 33 Drugs and Cosmetics Rules, 1945 - Rules 97, 105, 105A, 148, 149A Prevention of Food Adulteration Rules, 1955 - Rule 32 Prevention of Food Adulteration (Fourth Amendment) Rules, 1976 - Rule 42 Subject: Appeal against the decision of the Delhi High Court which directed the labeling of cosmetics and drugs to indicate whether they are of vegetarian or non-vegetarian origin, emphasizing consumer rights to know the ingredients of the products they use. Headnotes: Consumer Rights – Labeling of Products – The Supreme Court held that consumers have the right to know the ingredients of the products they use, but the implementation of labeling cosmetics and drugs with vegetarian or non-vegetarian symbols involves practical difficulties and legal considerations – The High Court's directive to label such products was set aside as it was beyond the jurisdiction of the High Court to mandate such changes through a writ of mandamus [Paras 1-30]. Drugs and Cosmetics Act – Regulatory Framework – The Court noted that the Drugs and Cosmetics Act and the associated Rules do not currently mandate the disclosure of vegetarian or non-vegetarian origin on labels – The decision to amend such regulations falls within the purview of the Central Government and the Drugs Technical Advisory Board – Past deliberations by the Advisory Board concluded that labeling drugs and cosmetics as vegetarian or non-vegetarian was not feasible [Paras 16-18]. Judicial Review – Limits of Judicial Intervention – Emphasized that while the judiciary can ensure that laws are implemented fairly, it cannot compel the legislature or the executive to enact laws or regulations in a particular manner – The power to make such amendments lies with the appropriate legislative and regulatory bodies [Paras 25-29]. Decision – Appeals Allowed – Held – The High Court's order directing the labeling of cosmetics and drugs was beyond its jurisdiction and was accordingly set aside – The Central Government and the Drugs Technical Advisory Board retain the discretion to decide on such regulatory matters [Para 30]. Referred Cases: Bal Ram Bali and Another v. Union of India, AIR 2007 SC 3074 The State of U.P. v. Raj Narain and Others, AIR 1975 SC 865 Union of India v. Association for Democratic Reforms and Another, AIR 2002 SC 2112 A.K. Roy and Others v. Union of India, AIR 1982 SC 710 P.V. Narsimha Rao v. State (CBI/SPE), AIR 1998 SC 2120 Union of India v. Prakash P. Hinduja and Another, AIR 2003 SC 2612 Secretary Ministry of Information and Broadcasting Govt. of India and Others v. Cricket Association of Bengal and Others, AIR 1995 SC 1236 State of Jammu and Kashmir v. A.R. Zakki and Others, AIR 1992 SC 1546 Supreme Court Employees' Welfare Association and Others v. Union of India and Another, AIR 1990 SC 334 Representing Advocates: For the Docid 2013 LEJ Civil SC 301578

(7) RAJAMANI .....Appellant Vs. STATE OF KERALA .....Respondent D.D 06/03/2013

Criminal Law – Illegal Transport of Liquor – The Supreme Court dealt with the quantum of sentence awarded under Section 55(a) of the Kerala Abkari Act – The appellant, a driver by profession, was found guilty of transporting a large quantity of spirit (218 cans, each containing 33 liters) – The Court noted the lack of evidence showing the appellant’s financial interest in the contraband ...

REPORTABLE # Criminal Appeal No. 397 of 2013 (Arising out of S.L.P. (Criminal) No. 9343 of 2012) APPELLANT(S): RAJAMANI .....Appellant VERSUS RESPONDENT(S): STATE OF KERALA .....Respondent Legislation: Kerala Abkari Act, 1077 - Section 55 Subject: Appeal challenging the conviction and sentence under Section 55(a) of the Kerala Abkari Act, 1077, regarding the illegal transport of intoxicating liquor. Headnotes: Criminal Law – Illegal Transport of Liquor – The Supreme Court dealt with the quantum of sentence awarded under Section 55(a) of the Kerala Abkari Act – The appellant, a driver by profession, was found guilty of transporting a large quantity of spirit (218 cans, each containing 33 liters) – The Court noted the lack of evidence showing the appellant’s financial interest in the contraband and emphasized the need to prosecute the major players behind the illegal trade [Paras 1-7]. Sentencing – Mitigating Factors – The Court considered the appellant's role as merely a carrier and not the owner or financially interested party – The emphasis was on the failure of the investigating agency to apprehend the main culprits involved in the trade – In light of these factors, the Supreme Court reduced the sentence from five years to three years rigorous imprisonment and upheld the fine of one lakh rupees with a default sentence of one year [Paras 6-7]. Legal Principle – Quantum of Sentence – The Court reiterated the principle that sentencing should consider the role of the accused, the nature and quantity of the contraband, and the need to identify and prosecute the key figures in illegal trade – Mere conviction of minor players does not fulfill the legislative intent of deterrence [Para 6]. Decision – Appeal Partly Allowed – Held – Sentence reduced to three years rigorous imprisonment with a fine of one lakh rupees – Default sentence of one year imprisonment upheld – Orders of the trial court and High Court modified accordingly [Para 7]. Referred Cases: No specific cases referred to in the judgment. Representing Advocates: For the Docid 2013 LEJ Crim SC 852300

(8) AYURVED SHASTRA SEVA MANDAL AND ANOTHER .....Appellant Vs. UNION OF INDIA AND OTHERS .....Respondent D.D 06/03/2013

Medical Education – Permission for Admissions – The Supreme Court considered whether institutions teaching Indian medicine (Ayurveda, Unani, Siddha) had rectified deficiencies in infrastructure and staff to meet the minimum standards for granting admission permissions – The Court highlighted the importance of maintaining high standards in medical education and rejected the plea to admit stud...

REPORTABLE # Special Leave Petition (Civil) Nos. 31892, 33452, 33455, 33560, 34001, 34020, 34255, 34264, 30156, 30086, 31349, 23715, 33908, 33909, 33897, 35051, 39893 of 2012 With Special Leave Petition (Civil) Nos. 381 and 1118-1119 of 2013 APPELLANT(S): AYURVED SHASTRA SEVA MANDAL AND ANOTHER .....Appellant VERSUS RESPONDENT(S): UNION OF INDIA AND OTHERS .....Respondent Legislation: Establishment of New Medical College Opening of New or Higher Course of Study or Training and Increase of Admission Capacity by a Medical College Regulations, 2003 - Regulation 6(1) Indian Medicine Central Council (Permission to Existing Medical Colleges) Regulations, 2006 - Regulation 5(1) Indian Medicine Central Council Act, 1970 - Sections 13A, 13B, 13C, 36 Subject: Appeals against orders passed by the Aurangabad and Nagpur Benches of the Bombay High Court regarding admissions to institutions teaching Indian forms of medicine for the academic years 2011-12 and 2012-13. The appeals challenge the refusal by the Department of AYUSH to grant permissions based on deficiencies in infrastructure and teaching staff. Headnotes: Medical Education – Permission for Admissions – The Supreme Court considered whether institutions teaching Indian medicine (Ayurveda, Unani, Siddha) had rectified deficiencies in infrastructure and staff to meet the minimum standards for granting admission permissions – The Court highlighted the importance of maintaining high standards in medical education and rejected the plea to admit students for the academic year 2011-12 due to the substantial period elapsed and the impossibility of making up for lost time [Paras 1-15]. Regulatory Compliance – The Court observed that despite multiple extensions and conditional permissions, the institutions failed to rectify the deficiencies as required by the Indian Medicine Central Council Act and the associated regulations – Emphasized that the practice of medicine could not be compromised by lowering standards [Paras 2-12]. Judicial Review – Limits – The Supreme Court reiterated that the role of judicial review is limited and does not extend to interfering with the expert bodies' assessments regarding educational standards – The Court should not substitute its judgment for that of the regulatory authorities [Paras 14-15]. Decision – Appeals Dismissed – Held – The appeals against the High Court's decisions were dismissed – Institutions were not permitted to admit students for the academic year 2011-12 – The parties were directed to bear their own costs [Para 15-16]. Referred Cases: Shri Morvi Sarvajanik Kelavni Mandal Sanchalit MSKM B.Ed. College v. National Council for Teachers Education and Others, (2011) 14 JT 285 Representing Advocates: For the Docid 2013 LEJ Civil SC 333906

(9) STATE OF U.P. AND OTHERS .....Appellant Vs. MAHESH NARAIN ETC. .....Respondent D.D 06/03/2013

Service Law – Promotion Eligibility – The Supreme Court upheld the High Court's decision that the respondents were eligible for promotion to the post of Assistant Director under the 1987 Rules, as they had completed the requisite five years of experience as Scientific Officers by the time the amended rules were published in the Gazette in 1990 – The Court rejected the state's conte...

REPORTABLE # Civil Appeal Nos. 2208-2209 of 2013 (Arising out of SLP (Civil) Nos. 7441-7442 of 2008) APPELLANT(S): STATE OF U.P. AND OTHERS .....Appellant VERSUS RESPONDENT(S): MAHESH NARAIN ETC. .....Respondent Legislation: Uttar Pradesh Forensic Science Laboratories Technical Officers Service Rules, 1987 - Rule 16, Rule 5 Subject: Appeals concerning the eligibility for promotion to the post of Assistant Director in the Forensic Science Laboratory under the Uttar Pradesh Forensic Science Laboratories Technical Officers Service Rules, 1987. The primary issue was whether the experience criteria for promotion were met before the amendments to the rules in 1990. Headnotes: Service Law – Promotion Eligibility – The Supreme Court upheld the High Court's decision that the respondents were eligible for promotion to the post of Assistant Director under the 1987 Rules, as they had completed the requisite five years of experience as Scientific Officers by the time the amended rules were published in the Gazette in 1990 – The Court rejected the state's contention that the experience should be counted from the date of preparation of the rules [Paras 1-15]. Legal Principle – Rule Publication – Emphasized that rules attain legal sanctity and are enforceable only upon publication in the official Gazette, not from the date of preparation – The respondents had completed the necessary experience by the time the 1990 amendments were published [Paras 9-10]. Proviso Application – The Court also noted the proviso to Rule 5 of the 1987 Rules, which allowed consideration of temporary and officiating personnel for promotion if permanent officers were unavailable – The respondents' eligibility was thus confirmed even under the proviso [Paras 11-15]. Decision – Appeals Dismissed – Held – The High Court's judgment was upheld, confirming the respondents' eligibility for promotion and directing the state to grant consequential benefits if found suitable – The appeals by the State of U.P. were dismissed [Para 16]. Referred Cases: B.L. Gupta and Another v. M.C.D., (1998) 9 SCC 223 Nirmal Chandra Bhattacharjee and Others v. Union of India (UOI) and Others, (1991) 2 SCC 363 Representing Advocates: For the Docid 2013 LEJ Civil SC 216622