Ex-Cadre vs. Cadre Posts – Dispute over whether the Respondent's post was ex-cadre – Respondent appointed as Ore Dressing Engineer, claimed it should be included in the cadre – State treated it as ex-cadre – Supreme Court examined historical context and rules, found post was created as ex-cadre for a specific scheme and continued as such – Tribunal and High Court orders directing cadre integration set aside [Paras 1-26]​​.

Promotion Prospects – Examination of Respondent's promotional avenues – Tribunal suggested considering Respondent for career advancement vis-à-vis comparable Class-I Engineers – Supreme Court found no jurisdiction to issue such direction – Promotion determined by existing cadre rules, which did not support Respondent's claim [Paras 20-26]​​.

Decision – Civil Appeals allowed – Orders by Tribunal and High Court set aside – Respondent’s post affirmed as ex-cadre, not eligible for cadre integration – Promotion to be governed by prevailing rules without judicial interference [Paras 25-28]​​.

Development Control Regulations – Unauthorized construction – Petitioners sought regularization of buildings constructed in violation of sanctioned plans – Municipal Corporation issued notices for demolition – Trial Court and High Court upheld action of Corporation – Supreme Court dismissed appeals, refused regularization – Held: Municipal laws must be implemented strictly to prevent unauthorized constructions [Paras 16-47].

Municipal Corporation – Action against illegal constructions – Role of Corporation – High Court directed appearance of Commissioner for failing to stop illegal constructions – Commissioner assured necessary steps – Notices for demolition issued – Petitions for injunction against demolition dismissed – Appeals to Supreme Court also dismissed – No regularization of constructions [Paras 21-30].

Constitutional Law – Article 142 – Exercise of powers – Court declined to regularize unauthorized construction – Emphasized need for adherence to planning laws – Directed Corporation to implement demolition notices without hindrance – Protection of rights of innocent buyers through appropriate remedies [Paras 31-48].

Procedural Law – Retrospective Operation – Applicability of the Madhya Pradesh Amendment Act 2007, which shifted trial jurisdiction for certain offences from Judicial Magistrate First Class to the Court of Sessions. Supreme Court affirmed that procedural laws operate retrospectively unless stated otherwise. The amendment was held to apply to all cases instituted after its enactment, even if the offences were committed earlier, thus upholding the commitment of the appellant’s case to the Sessions Court [Paras 1-26]​​.

Change of Forum – No Vested Right – Litigants do not have a vested right to a particular forum. Changes in procedural law, including forum shifts, are generally retrospective. Supreme Court noted that the appellant's case, instituted post-amendment, was correctly committed to the Sessions Court, rejecting claims of a vested right to trial by a Magistrate [Paras 8-19]​​.

Prospective Overruling – Principle applied to limit hardship. Supreme Court’s overruling of Full Bench decision on forum change’s applicability to pending cases does not affect concluded or advanced-stage cases tried by Magistrates under the old law [Paras 19-26]​​.

Decision – Appeal dismissed – Supreme Court affirmed the order of committal by the Magistrate to the Sessions Court, holding it legally valid. The trial of the appellant to proceed in the Court of Sessions [Paras 25-26]​​.

Bail – Rejection and Cancellation – Hooch Tragedy – Appeals involving the rejection of bail for appellant Ravindersingh @ Ravi Pavar and cancellation of bail for co-accused Jayesh Hiralal Thakkar – Supreme Court emphasized the gravity of the offence involving the death of 147 persons and injuries to 205 others due to spurious liquor containing methyl alcohol – The appellant's habitual offending and serious involvement in the conspiracy highlighted [Paras 1-29].

Conspiracy and Distribution of Spurious Liquor – Evidence showed appellant’s active role in manufacturing and distributing poisonous country-made liquor – Bail denied based on appellant's criminal history, potential threat to witnesses, and societal impact of the crime – Co-accused’s bail canceled due to similar involvement and failure to comply with court orders [Paras 6-17, 18-27].

Considerations for Bail – Court assessed gravity of offence, criminal antecedents, and potential for reoffending – Merely being an undertrial for three years did not justify bail in light of severe charges and societal harm – Court's discretion emphasized in handling cases involving public safety and prohibition laws [Paras 11-17, 24-28].

Decision:

Appeals of appellant Ravindersingh @ Ravi Pavar dismissed – Appeals by the State allowed – Bail applications rejected and previously granted bail canceled – Direction for trial to proceed on a day-to-day basis [Paras 29-30].

Additional Evidence and Recall of Witness – Plaintiff's applications under Order 18 Rule 17 and Order 7 Rule 14 read with Section 151 CPC – Trial court dismissed applications to file additional documents and recall a witness – High Court allowed the applications, finding it necessary for just decision – Supreme Court held that such applications to fill lacunae should not be permitted after conclusion of evidence and arguments unless a clear cause is shown – High Court’s order set aside, trial court's decision restored [Paras 1-14]​​.

Inherent Powers of Court – Exercise of powers under Section 151 CPC to allow new evidence and recall witness – Court emphasized that inherent powers are to be used sparingly and not to overcome deficiencies in pleadings or evidence that could have been presented earlier – Ensures no misuse to delay proceedings [Paras 12-13]​​.

Decision – Appeal allowed – High Court’s order allowing applications under Order 18 Rule 17 and Order 7 Rule 14 set aside – Trial court's decision dismissing applications restored [Paras 13-14]​​.

Mental Cruelty – Grounds for Divorce – Appellant-husband sought dissolution of marriage on grounds of mental cruelty – Respondent-wife filed multiple complaints including false allegations of dowry harassment – Supreme Court held that filing of false complaints and defamatory statements caused mental cruelty – High Court’s order setting aside decree of divorce was erroneous – Divorce granted [Paras 10-14]​​.

Irretrievable Breakdown of Marriage – Long separation and continuous litigation – Marriage beyond repair due to prolonged estrangement and bitterness – Supreme Court considered irretrievable breakdown as a factor – Marriage dissolved to relieve parties from further agony [Paras 25-28]​​.

Mediation in Matrimonial Disputes – Emphasized importance of mediation in resolving matrimonial disputes – Directed family courts and criminal courts to refer cases to mediation centers wherever feasible – Encouraged pre-litigation mediation to avoid escalation of disputes [Paras 32-36]​​.

Decision – Appeal allowed – High Court’s judgment quashed – Marriage dissolved by decree of divorce – Appellant-husband to pay Rs. 15,00,000 as permanent alimony to respondent-wife in three instalments [Paras 30-37]​​.

Kerala Education Rules – Rule 51A Claims – Continuous Service Requirement – Appellants contested the necessity of minimum continuous service in an academic year for re-appointment claims under Rule 51A of the Kerala Education Rules, 1959 – High Court’s ruling declaring the government orders invalid was challenged – Supreme Court upheld the requirement, emphasizing statutory and procedural compliance [Paras 1-27].

Appointment Procedures – Rule 7A Amendments – Interpretation – Amendments to Sub-rule (3) of Rule 7A aimed to prevent misuse by creating short-term vacancies – Supreme Court confirmed the validity of amendments to curb unethical practices – Appointments for durations less than an academic year can be on a daily wage basis, longer vacancies on regular pay [Paras 19-25].

Government Orders – Validity and Application – Examined various government orders issued to clarify appointment procedures and their compliance with statutory provisions – Orders aimed at financial accountability and procedural integrity were upheld [Paras 5-8, 24].

Decision:

Appeals allowed – High Court judgment set aside – Directions provided for compliance with statutory requirements and government orders for future appointments and re-appointments in aided schools [Paras 26-27].

Criminal Law – Murder Conviction – Appellant convicted under Section 302 IPC for the murder of his brother by inflicting a fatal blow with a 'darat' on the back of the head – Trial court’s judgment affirmed by the High Court – Supreme Court rejects appeal, emphasizing the use of a deadly weapon and the intent to cause death [Paras 1-12].

Weapon Use and Intent – Appellant used a 'darat' to strike the deceased – Supreme Court notes the ferocity of the blow, resulting in a hole in the occipital bone and exposure of brain tissue – Appellant's intent to cause death inferred from the choice of weapon and nature of injury [Paras 6, 9-11].

Alternative Defense – Rejected – Appellant's defense of accidental injury caused by another person (Rana) during a quarrel dismissed – Testimony of eyewitnesses consistent and credible, confirming appellant’s actions [Paras 3-5, 6].

Sections 299 and 300 IPC – Application – Court discusses distinctions between culpable homicide and murder – Concludes appellant's actions fall under Section 300 IPC, given the intent and knowledge of causing deadly injury [Paras 9-11].

Decision:

Appeal dismissed – Conviction and sentence of life imprisonment under Section 302 IPC affirmed [Para 12].

Liquor License – Discretionary Power – Appellant contested the High Court's issuance of a writ of mandamus directing the grant of a distillery license to the respondent – Supreme Court held that the granting of such licenses is within the exclusive privilege and discretion of the state, and no citizen has a fundamental right to claim it – The High Court's mandamus directing the issuance of a license was found to be improper [Paras 2-12, 16-35].

State Policy and Exclusive Privilege – State has exclusive rights over the trade of liquor, which is inherently harmful – The state can choose to restrict, regulate, or completely prohibit such trade – Supreme Court reiterated that liquor policy decisions are within the state's domain and cannot be interfered with lightly by the courts [Paras 21-24, 26-28].

Application of Article 14 – While the state must act reasonably and cannot discriminate arbitrarily when granting privileges, the respondent failed to establish a legal right or prove discriminatory treatment compared to similarly situated applicants – Supreme Court emphasized that compliance with conditions does not automatically entitle an applicant to a license [Paras 29-32].

Decision:

Appeal allowed – High Court judgment set aside – No order as to costs [Para 35].