Law of Limitation Must Be Applied Strictly; Mere Negligence or Inaction Cannot Justify Delay: Punjab & Haryana High Court Discharge from Service for Non-Disclosure of Criminal Case Held Arbitrary, Reinstatement Ordered: Calcutta High Court Maintenance for Children Restored from Date of Petition, Residence Order Limited to Pre-Divorce Period: Kerala High Court Shared Resources Must Be Preserved: P&H HC Validates Co-Owner's Right to Irrigation Access Position of Authority Misused by Lecturer to Exploit Student: Orissa High Court Rejects Bail to Lecturer in Sexual Assault Case Temporary Disconnection Of Water Supply Without Unlawful Or Dishonest Intent Does Not Constitute ‘Mischief’: Kerala High Court Quashed Criminal Proceedings Adult Sons' Student Loans Not a Valid Ground to Avoid Alimony: Calcutta High Court Ancestral Property Requires Proof of Unbroken Succession: Punjab & Haryana HC Rejects Coparcenary Claim Grant of Land for Public Purpose Does Not Divest Ownership Rights: Bombay High Court on Shri Ganpati Panchayat Sansthan's Reversionary Rights Punjab and Haryana High Court Rules Against Government Directive on Proving Experience of Deputy District Attorneys Orissa High Court Reduces Compensation in Motor Accident Case: Insurer’s Appeal Partly Allowed Service Law – Promotion Criteria Cannot Be Imposed Beyond Recruitment Rules: Supreme Court Access To Clean And Hygienic Toilets Is Not Just A Matter Of Convenience But A Fundamental Right Under Article 21: Supreme Court Promotions Under Merit-Cum-Seniority Quota Cannot Be Based Solely on Comparative Merit: Supreme Court Reliefs Must Be Both Available and Enforceable at the Time of Filing to Attract Order II Rule 2 Bar: Supreme Court Punjab & Haryana High Court Upholds Collector’s Appointment of Ex-Serviceman as Lambardar: Preference for Service to the State Valid Tax to Be Computed at 100% Under DTVSV Act, Rejects Inclusion of Belated Grounds in Disputed Tax: Bombay High Court Petitioner’s Father Did Not Fall Within Definition of Enemy – Kerala High Court Quashes Land Classification Under Enemy Property Act Calcutta High Court Upholds Cancellation of LPG Distributor LOI for Violating Guidelines Recording 'Reasons to Believe' is a Mandatory Safeguard, Not a Mere Formality Under PMLA: P&H High Court Illegality Is Incurable, Unauthorized Constructions Cannot Be Regularized: Bombay High Court Kerala High Court Quashes Tribunal’s Order Granting Retrospective UGC Benefits to Librarians Without Required Qualifications

(1) 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

(2) 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

(3) 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

(4) 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

(5) 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

(6) 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

(7) 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

(8) 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 233135

(9) STATE OF ORISSA AND OTHERS .....Appellant Vs. MESCO STEELS LTD. AND ANOTHER .....Respondent D.D 06/03/2013

Mining Lease – Execution and Conditions – Supreme Court examined the appeal against the High Court’s directive to execute a mining lease in favor of the respondent-company, which was previously conditionally approved by the State Government – The lease was for extracting iron ore, subject to setting up two full-fledged steel plants and using the extracted ore for these plants, without comm...

REPORTABLE # Civil Appeal No. 2206 of 2013 (Arising out of S.L.P. (C) No. 16139 of 2010) APPELLANT(S): STATE OF ORISSA AND OTHERS .....Appellant VERSUS RESPONDENT(S): MESCO STEELS LTD. AND ANOTHER .....Respondent Legislation: Forest (Conservation) Act, 1980 - Section 2 Mineral Concession Rules, 1960 - Rule 26(1), Rule 27(3), Rule 59 Mines and Minerals (Development and Regulation) Act, 1957 - Section 30 Subject: Appeal arising out of the judgment and order dated 16th May 2008 by the High Court of Orissa at Cuttack, which allowed Writ Petition No. 14044 of 2006 filed by Mesco Steels Ltd. and quashed an interdepartmental communication, directing the State Government to execute a mining lease in favor of the respondent-company. Headnotes: Mining Lease – Execution and Conditions – Supreme Court examined the appeal against the High Court’s directive to execute a mining lease in favor of the respondent-company, which was previously conditionally approved by the State Government – The lease was for extracting iron ore, subject to setting up two full-fledged steel plants and using the extracted ore for these plants, without commercial trading [Paras 2-10]. Interdepartmental Communication – Prematurity of Writ Petition – The Court held that the writ petition by Mesco Steels Ltd. was premature, as it challenged an interdepartmental communication which did not finally determine any rights or obligations – The communication was part of an ongoing administrative process and no final decision had been taken by the State Government [Paras 11-15]. Show Cause Notice – Validity and Response – The Court discussed the show cause notice issued by the State Government regarding the reduction of the lease area – It held that the High Court erred in ignoring the notice simply because it was issued in violation of an interim status quo order – The proper course was to allow the respondent to respond to the notice and for the State Government to make a final decision based on the response [Paras 16-19]. Jurisdiction and Recall of Recommendation – The Court recognized the State Government’s authority to recall or modify its recommendations but emphasized that this power must be exercised judiciously – The show cause notice's grounds and merits should be examined by the State Government, and the Court refrained from making any comments on the merits of the notice at this stage [Paras 17-18]. Decision – Appeals Allowed – Held – The High Court’s order was set aside – Respondent-company directed to respond to the show cause notice within three months, and the State Government to pass a reasoned order within two months of receiving the response – Liberty granted to the respondent to pursue appropriate legal proceedings if the final decision is found unacceptable [Paras 19-20]. Referred Cases: T.N. Godavarman Thirumulkpad v. Union of India, AIR 1997 SC 1228 Representing Advocates: For the Docid 2013 LEJ Civil SC 621164