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Cochin University of Science and Technology Act, 1986 — Section 31(10) and 31(11) — Selection and Appointment — Validity of Rank List and Communal Rotation — Harmonious Construction — Section 31(10) stipulates that the Rank List remains valid for two years, and vacancies arising during this period “shall be filled up from the list so published” — Section 31(11) mandates that “Communal rotation shall be followed category-wise” — These sub-sections operate in distinct spheres but are not mutually exclusive; the Rank List’s validity period (Sub-sec 10) co-exists with the mandatory application of communal rotation (Sub-sec 11) for every appointment made therefrom — Interpreting Sub-section (11) as becoming operative only after the Rank List expires would render the reservation/rotation requirement otiose during the list’s validity, defeating legislative intent and violating the doctrine of harmonious construction. (Paras 5, 5.2, 5.4, 5.5, 5.5.1, 5.5.2 Penal Code, 1860 (IPC) —Section 302 read with Sections 149 and 148 — Murder —Conviction affirmed by High Court — Appeal to Supreme Court — Sufficiency of evidence — Role of interested/related witnesses — Deposition of PW-4 (mother of deceased and alleged eyewitness) scrutinized closely — Material contradictions found in PW-4’s evidence regarding the manner of assault and who informed her — Failure of prosecution to examine key witness (deceased’s granddaughter, who initially informed PW-4) — Independent witnesses (PW-1, PW-2, PW-3 and PW-9) turned hostile — Recovery of weapons based on accused’s memorandum/statement rendered unreliable when supporting witnesses hostile. (Paras 4, 7, 8, 9, 10, 13, 14, 15) Employees’ State Insurance Act, 1948 — Section 45A — Determination of contributions in certain cases — Preconditions for invoking Section 45A — Section 45A is a special provision for best-judgment assessment applicable only when an employer fails to submit, furnish, or maintain returns, particulars, registers, or records as required by Section 44, OR obstructs an Inspector or official in discharging duties under Section 45 — It is not an alternative mode of assessment available at the option of the Corporation — When records (ledgers, cash books, vouchers, etc.) are produced and the employer cooperates by attending multiple personal hearings, the mere allegation of inadequacy or deficiency of supporting documents does not satisfy the statutory threshold of “non-production” or “obstruction” to invoke Section 45A — Mere inadequacy of records does not confer jurisdiction under Section 45A. (Paras 14.6, 14.7, 24, 25, 27, 30) Tender and Contract — Eligibility Criteria — Interpretation of “prime contractor” and “in the same name and style” — Requirement of work experience — Where an NIT’s pre-qualification document requires “each prime contractor in the same name and style (tenderer)” to have completed previous work, and the term “prime contractor” is undefined, its meaning must be derived from common parlance as the tenderer primarily responsible for the contract offer; however, the requirement must be construed from the standpoint of a prudent businessman, considering the credentials and capacity to execute the work, not merely the name. (Paras 17, 20, 21.3) Criminal Procedure Code, 1973 (CrPC) — Section 389 — Suspension of execution of sentence pending appeal and release on bail — Scope and distinction with bail — Appellate Court must record proper reasons for suspending sentence; it should not be passed as a matter of routine — The Appellate Court must not reappreciate evidence or attempt to find lacunae in the prosecution case at this stage — Once convicted, the presumption of innocence vanishes, and the High Court should be slow in granting bail pending appeal, especially for serious offenses like murder (Section 302, IPC). (Paras 6, 6.1, 6.2)

Cochin University of Science and Technology Act, 1986 — Section 31(10) and 31(11) — Selection and Appointment — Validity of Rank List and Communal Rotation — Harmonious Construction — Section 31(10) stipulates that the Rank List remains valid for two years, and vacancies arising during this period “shall be filled up from the list so published” — Section 31(11) mandates that “Communal rotation shall be followed category-wise” — These sub-sections operate in distinct spheres but are not mutually exclusive; the Rank List’s validity period (Sub-sec 10) co-exists with the mandatory application of communal rotation (Sub-sec 11) for every appointment made therefrom — Interpreting Sub-section (11) as becoming operative only after the Rank List expires would render the reservation/rotation requirement otiose during the list’s validity, defeating legislative intent and violating the doctrine of harmonious construction. (Paras 5, 5.2, 5.4, 5.5, 5.5.1, 5.5.2

Penal Code, 1860 (IPC) —Section 302 read with Sections 149 and 148 — Murder —Conviction affirmed by High Court — Appeal to Supreme Court — Sufficiency of evidence — Role of interested/related witnesses — Deposition of PW-4 (mother of deceased and alleged eyewitness) scrutinized closely — Material contradictions found in PW-4’s evidence regarding the manner of assault and who informed her — Failure of prosecution to examine key witness (deceased’s granddaughter, who initially informed PW-4) — Independent witnesses (PW-1, PW-2, PW-3 and PW-9) turned hostile — Recovery of weapons based on accused’s memorandum/statement rendered unreliable when supporting witnesses hostile. (Paras 4, 7, 8, 9, 10, 13, 14, 15)

Scheduled Caste Reservation for post of Mayor in Municipal Corporation Held :- Dominant intent of the said Rules is to give effect to the reservation policy while ensuring that reservations are not repeated in particular Corporations and at the same time in all the Corporations, there shall be reservation, at some point of time, for all the eligible categories by rotation – Legislative intent is to exclude the Corporations which were earlier reserved for a particular category until all the categories are provided reservation.

SUPREME COURT OF INDIA DIVISION BENCH SANJAY RAMDAS PATIL — Appellant Vs. SANJAY AND OTHERS — Respondent ( Before : L. Nageswara Rao and B.R. Gavai, JJ. ) Civil Appeal…

Restraining of arrest – Text of the order of High Court did not contain any direction restraining the arrest – Oral observations in court are in the course of a judicial discourse -Absent a written record of what has transpired in the course of a judicial proceeding, it would set a dangerous precedent if the parties and the investigating officer were expected to rely on unrecorded oral observations – High Court of issuing oral direction restraining the arrest of first respondent was irregular – Order set aside – Appeal allowed

SUPREME COURT OF INDIA DIVISION BENCH SALIMBHAI HAMIDBHAI MENON — Appellant Vs. NITESHKUMAR MAGANBHAI PATEL AND ANOTHER — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and M.R. Shah, JJ.…

Appellant has raised false pleas and attempted to mislead Court, while the officials of NOIDA have not acted bona fide in the discharge of their duties – Appellant has stooped to the point of producing a fabricated sanctioned plan – Therefore, This Court confirm the directions of the High Court including the order of demolition and for sanctioning prosecution – Illegal Construction – Violation of building norms – Sanction of prosecution – Reimbursement to flat owners – Conclusion and directions

SUPREME COURT OF INDIA DIVISION BENCH SUPERTECH LIMITED — Appellant Vs. EMERALD COURT OWNER RESIDENT WELFARE ASSOCIATION AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and M.R.…

Mental and physical torture and demands of dowry – Reduction of sentence – Compensation to wife and children – If the appellant is showing remorse and is willing to make arrangements for second wife and his two children born out of the wedlock – This Court not like to come in the way of such an arrangement, which should be beneficial to wife and her children – Object of any criminal jurisprudence is reformative in character and to take care of the victim. reduce the sentence to the period undergone in case the appellant pays to second wife for her benefit and her children’s benefit a sum of Rs.3.00 lakhs

SUPREME COURT OF INDIA DIVISION BENCH SAMAUL SK. — Appellant Vs. THE STATE OF JHARKHAND AND ANOTHER — Respondent ( Before : Sanjay Kishan Kaul and Hrishikesh Roy, JJ. )…

Service Matters

Principle of equal pay for equal work cannot be applied merely on basis of designation – Basic nature of work of a Stenographer remained by and large the same whether they were working for an officer in the Secretariat or for an officer in a subordinate office – absolute equality ought not to be given – If one may say, there would have been no requirement to make these separate recommendations if everyone was to be treated on parity on every aspect.

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND OTHERS — Appellant Vs. MANOJ KUMAR AND OTHERS — Respondent ( Before : Sanjay Kishan Kaul and Hrishikesh Roy, JJ.…

HELD Prosecution stands proved against accused-P and accused-S and their appeals deserve to be dismissed while the appeals preferred by accused-I and accused-K deserve acceptance – Accused-I and accused-K be released forthwith unless their custody is required in connection with any other offence – Ordered accordingly.

SUPREME COURT OF INDIA DIVISION BENCH SANDEEP — Appellant Vs. STATE OF HARYANA — Respondent ( Before : Uday Umesh Lalit and Ajay Rastogi, JJ. ) Criminal Appeal No. 1613…

(IPC) – S 302 r/with S 34 – Arms Act, 1959 – S 25 – Murder by Gunshot – Fired fatal shot from roof of house – Evidence – Appeal against conviction and sentence – Statements of eyewitnesses are quite cogent and consistent with the earliest version recorded in the form of First Information Report – Trajectory of entry of bullet as found in Medical Report is also quite consistent with the version that deceased was shot from a height i.e. the roof of the house – Prosecution stands proved

SUPREME COURT OF INDIA DIVISION BENCH SANDEEP — Appellant Vs. STATE OF HARYANA — Respondent ( Before : Uday Umesh Lalit and Ajay Rastogi, JJ. ) Criminal Appeal No. 1613…

HELD Therefore, in the absence of any evidence to show that such records were not maintained properly, the official record containing entries of ownership and possession would carry the presumption of correctness – In view of the transfer of land on 10.10.1956 followed by delivery of possession on 19.3.1958 and continuous assertion of possession thereof, it leads to the unequivocal finding that appellants are owners and in possession of the suit land.

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND ANOTHER — Appellant Vs. S. NARASIMHULU NAIDU (DEAD) THROUGH LRS. AND OTHERS — Respondent ( Before : Sanjay Kishan Kaul…

Service Matters

Post of Police Constable- Certain types of offences, like molestation of women, or trespass and beating up, assault, causing hurt or grievous hurt, (with or without use of weapons), of victims, in rural settings, can also be indicative of caste or hierarchy-based behaviour more so, in the case of recruitment for the police force, who are under a duty to maintain order, and tackle lawlessness, since their ability to inspire public confidence is a bulwark to society’s security – Appointment declined – Appeal allowed.

SUPREME COURT OF INDIA DIVISION BENCH COMMISSIONER OF POLICE — Appellant Vs. RAJ KUMAR — Respondent ( Before : K.M. Joseph and S. Ravindra Bhat, JJ. ) Civil Appeal No.…

Murder – Bail – Cancellation of – Habitual offender – Hatching conspiracy from the jail – There is a high possibility of threat and danger to the life and safety of complainant and his family members, as is evident from the criminal history of accused, detailed – Bail cancelled – Appeal allowed.

SUPREME COURT OF INDIA DIVISION BENCH HARJIT SINGH — Appellant Vs. INDERPREET SINGH @ INDER AND ANOTHER — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and M.R. Shah, JJ.…

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