1) Section 32(2) of the Representation of People Act, 1950 prohibits suits for damages against an officer who fails in official duty related to electoral roll preparation.
2) A suit for malicious prosecution does not require a prior finding of malice in the criminal acquittal judgment.
3) Initiation of prosecution by police/state does not absolve informant from suit for malicious prosecution if malice is alleged.

1) Section 73-CA(1)(i)(b) of the Maharashtra Co-operative Societies Act, 1960 prescribes disqualification for default in repayment of loan installments.
2) Resignation of membership and acceptance thereof does not terminate the disqualification incurred under Section 73-CA(1)(i)(b).
3) Proceedings for disqualification need to proceed independently of mere resignation where disqualification has arisen by statutory operation.

1) Section 73-CA(1)(i)(b) of the Maharashtra Co-operative Societies Act, 1960 prescribes disqualification for default in repayment of loans by a member or his family from the Society.
2) Resignation of membership and its acceptance by the Society does not automatically revoke or negate disqualification incurred under Section 73-CA(1)(i)(b).
3) Disqualification under Section 73-CA(1)(i)(b) prevents eligibility to be appointed, elected, nominated, or co-opted as a member of the Managing Committee for the entire next term of five years, regardless of resignation status.

1) Section 6(iv)(d) of the Maharashtra Court Fees Act, 1959 governs the Court Fees payable in suits for declaration in respect of ownership or tenancy, prescribing different valuation scales depending on the reliefs claimed.
2) Order VII Rule 11 of the Code of Civil Procedure empowers the Court to reject a plaint for undervaluation or insufficient Court Fees when requirements under the Court Fees Act are not fulfilled.
3) The proper valuation of a suit depends on the actual reliefs claimed in the plaint; erroneous assumption of additional reliefs like declaration affects the calculation of Court Fees.

1) Order XI Rule 1 CPC permits parties to deliver written interrogatories to the opposite party by leave of the Court, restricting questions to matters in issue relevant to the suit.
2) Interrogatories must relate reasonably closely to matters in question and are aimed at obtaining information, reducing evidence burden, or securing admissions to facilitate proof.
3) Parties are not entitled to administer interrogatories solely to discover evidence of adversary’s case or to delay proceedings; interrogatories should not be scandalous, irrelevant or not bona fide.

1) Section 12(3)(a) of the Bombay Rent Act mandates eviction on tenant’s default in payment of rent within statutory notice period without acceptance of arrears.
2) Section 13(1)(b) prohibits erection of permanent structures by tenant without written consent from landlord; test of permanence includes nature of materials, annexation, removability, durability, and intention.
3) Section 13(1)(i) allows eviction on bona fide personal requirement of landlord supported by tenant’s acquisition of suitable alternate accommodation.

1) Principles for assessing compensation in motor accident claims include considering permanent disability, loss of earning capacity, and medical expenses.
2) Future prospects must be added to the last drawn salary at varying percentages based on age to account for probable salary increments.
3) Application of appropriate multiplier from established precedent determines the quantum of future loss of income.

1) A promise of assured extraordinary returns, such as 10% to 15% profit per month in share trading, may indicate dishonest intention at the inception of a transaction, attracting the offence of cheating.
2) Dishonest intention at inception coupled with inducement on false assurances takes a case beyond civil dispute into criminal liability under the Indian Penal Code.
3) Professional misconduct by advocates engaging in unethical activities, such as liaising with public authorities for monetary gain, is a relevant consideration supporting allegations of criminal wrongdoing.

1) Circumstantial evidence must satisfy the “panchsheel” or five golden principles ensuring no reasonable hypothesis of innocence remains.
2) Hostile witness statements weaken the prosecution’s case and cannot be the sole basis for conviction.
3) The “last seen” theory requires reliable proof that the accused was with the victim near the time of the crime.

1) Section 17 of the Arbitration and Conciliation Act, 1996 empowers the Arbitral Tribunal to grant interim measures including directing deposits payments.
2) The appellate court’s interference with the discretionary orders of an Arbitral Tribunal under Section 37 of the Act is limited to cases of perversity, arbitrariness or illegality in exercise of discretion.
3) Interim relief directing payment of future invoices is speculative and can only be granted if reasonable apprehension exists that a party may frustrate the arbitral process or dispose of assets.

1) Proceedings under Section 145 Cr.P.C. are summary, preventive, and limited to determining actual possession to prevent breach of peace without deciding ownership or title.
2) The Magistrate conducting a Section 145 inquiry is not bound by strict rules of evidence and may consider documents and overt acts that have probative value indicating possession.
3) Absence of a preliminary order under Section 145(1) Cr.P.C. does not invalidate proceedings if higher courts have directed such inquiry and the Magistrate records findings on possession accordingly.

1) Under Order I Rule 10(2) of the CPC, a party who ought to be joined or whose presence is necessary for effective adjudication may be added as a party.
2) A member of a co-operative society loses individual legal identity with respect to the society’s rights and duties, which can only be asserted by the society itself.
3) A dissenting minority member in a society cannot block or challenge a resolution passed by the majority of the society members executing an agreement binding on the entire society.

1) The Maharashtra Apartment Ownership Act, 1970 recognizes and distinguishes between “common areas and facilities” and “limited common areas and facilities” and permits designation of limited common areas for exclusive use of specified apartments.
2) A registered Declaration under Section 11 of the Apartment Ownership Act is binding on all apartment owners and must be followed unless lawfully amended.
3) The exclusive use and possession rights over limited common areas appurtenant to particular units cannot be overridden by other apartment owners or the association unless provisions of the Declaration are lawfully altered.

1) Under the Food Safety and Standards Act, 2006, criminal liability requires specific allegations or proof of involvement; mere employment or presence at the business premises does not automatically impose liability.
2) Section 66 of the FSS Act provides for vicarious liability of company officers when offences are committed by the company, but this does not extend to proprietors’ employees in a proprietary concern.
3) Timely issuance of the Food Analyst report under Section 42(2) is mandatory, but its non-compliance may be excused if the sample preservation is proper and if the report is not addressed to the accused concerned.

1) Service Rules governing recruitment define the mode of selection and minimum qualifications for the post of Village Assistant.
2) Under Article 14 and 16 of the Constitution, public advertisement is mandatory for recruitment to ensure equality and fairness, unless Service Rules explicitly provide otherwise.
3) Over-qualification is not per se a ground for invalidating non-sponsorship by Employment Exchange and can be a valid administrative consideration to ensure equitable employment opportunities.

1) Inordinate delay in filing an appeal cannot be condoned without sufficient cause, and negligence or inaction on the part of the litigant or counsel does not amount to sufficient cause.

1) Section 321 of the Cr.P.C. permits the Public Prosecutor to withdraw from prosecution with the consent of the Court, which must be judicially satisfied that the withdrawal is in furtherance of public justice.
2) Lok Adalat has jurisdiction only to dispose cases through compromise or settlement, and cannot adjudicate or allow withdrawal without actual settlement between parties.
3) Victims or private complainants have a statutory or judicially recognized right to be heard before withdrawal of prosecution under Section 321 of the Cr.P.C., especially in light of the recent BNSS 2023 amendments.

1) The legal meaning of 'cruelty' under Section 13(1)(1-a) of the Hindu Marriage Act, 1955 is not exhaustively defined and must be determined based on facts and circumstances unique to each case.
2) Mental cruelty requires persistent conduct over a fairly long period that makes it extremely difficult for one spouse to live with the other, beyond trivial irritations or normal matrimonial quarrels.
3) The principle that one cannot take advantage of his own wrongs (nullus commodum capere de injuria sua propria) applies where a spouse abandons the other on frivolous grounds and seeks divorce.

1) The principles governing grant of bail under Section 483 of the BNSS Act in cases involving serious offences including attempt to murder and rioting.
2) The relevance of the accused’s custody period and trial duration in bail considerations.
3) The comparative treatment of co-accused persons with identical charges in bail proceedings.

1) Bail under Section 483 of BNSS, 2023 / Section 439 of Criminal Procedure Code, 1973 is discretionary and considers factors such as nature of offence, antecedents, custody duration, and trial duration.
2) Absence of incriminating material and small value of alleged recovery are relevant considerations in bail applications.
3) Applicants' right to bail when trial is likely to be prolonged, provided they furnish adequate bond and comply with conditions under Section 437(3) CrPC.

1) Section 14 of the SARFAESI Act, 2002 empowers the judicial authority to entertain applications concerning attachment or possession of secured assets.
2) The Chief Judicial Magistrate must ascertain whether any proceedings or stay applications are pending before the Debt Recovery Tribunal (DRT) before adjudicating under Section 14.
3) Judicial discretion exercised under SARFAESI Act applications must conform to precedent and must not remain infructuous due to inaction or delay.

1) Article 31-A(1) and its second proviso delineate categories of acquisition, extinguishment, and modification of rights in estate and consequent requirement of compensation when land is acquired by the State within ceiling limits and under personal cultivation.
2) Under the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 and related Rules, lands reserved for common purposes vest in the Panchayat with management and control, whereas unutilized/contributed lands not earmarked (bachat lands) remain the proprietary rights of original owners.
3) The doctrine of stare decisis mandates adherence to the consistent judicial view that lands not reserved for common purposes do not vest in the Panchayat or State and must be redistributed to proprietors, unless manifestly erroneous or unjust.

1) A Karta of a Hindu Undivided Family (HUF) has the right to alienate joint family property for legal necessity or for the benefit of the estate.
2) Legal necessity includes payment of debts, maintenance of family members, marriage expenses, and family ceremonies, and is a question of fact depending on circumstances of each case.
3) A bona fide purchaser for value without notice of illegality is protected, and the burden of proof regarding legal necessity lies on the alienee/purchaser.

1) The paramount consideration in child custody disputes is the best interest and welfare of the child, overriding legal rights of the parents.
2) The writ of habeas corpus in child custody cases is exercised as an inherent jurisdiction aimed at securing the child's welfare, beyond statutory provisions.
3) Orders of foreign courts regarding child custody must be balanced with the doctrine of comity of courts, and the child's best interest is the overriding principle irrespective of jurisdictional conflicts.

1) An agreement to sell does not create any interest in the property but merely provides a right to enforce specific performance.
2) The authority's discretion under Section 76 of the Act of 2013 is limited to assessing existing rights rather than potential future claims arising from pending civil suits.

1) The Hyderabad Atiyat Inquiries Act, 1952 governs inquiries related to Atiyat grants, succession claims, and ancillary matters, vesting jurisdiction primarily in Atiyat Courts.
2) Section 12(2) of the Act mandates that disputes involving succession, legitimacy, or personal law questions must be referred to competent Civil Courts, whose decisions prevail and are to be given effect by the Atiyat Courts.
3) The designation of Mutawalli pertains to the Wakf Act, 1995, and does not confer right, title, or interest in the property, thus the appointment of Mutawalli under the Atiyat Act is not recognized as transfer of succession or title over Atiyat grants.

1) Section 17 of the SARFAESI Act, 2002 provides remedy to "any person" aggrieved by action taken under Sections 13(4) and 14 of the Act.
2) The Supreme Court in Union Bank of India v. Satyawati Tondon clarified that writ petitions challenging SARFAESI orders are not maintainable without exhausting statutory remedies.
3) Principles of natural justice must be followed by authorities exercising powers under the SARFAESI Act, 2002 but procedural non-compliance does not preclude availability of statutory remedy.

1) The requirement of corroboration and the scope of presumption under the Protection of Children from Sexual Offences Act, 2012 in convicting an accused.
2) The procedural obligation of police to seize mobile phones and collect Call Detail Records (CDRs) in sexual offence investigations under POCSO Act.
3) The discretionary power of courts to suspend sentence during pendency of appeal based on merits and evidence on record.

1) The jurisdiction of the High Court under Article 226 of the Constitution of India to issue writs is discretionary and equitable, requiring the petitioner to come with clean hands and full disclosure of material facts.
2) The burden to establish an unlawful encounter killing rests on the petitioner with credible, consistent, and cogent evidence.
3) Contradictions and suppression of material facts by the petitioner can justify dismissal of the writ petition at the threshold without examining the merits.

1) Distinction between employer-employee relationship and independent professional services in taxation under Sections 192 and 194J of the Income Tax Act, 1961.
2) Classification of payments under Annual Maintenance Contracts as fees for technical services liable for TDS under Section 194J or as contract payments under Section 194C.
3) The role of supervisory control and professional independence in determining the nature of relationship for income tax deduction purposes.

1) Essential ingredients of offence under Section 406 IPC include mens rea, dishonest misappropriation or conversion of entrusted property, and dishonest use or disposal of property.
2) Essential ingredients of offence under Section 420 IPC include deception by false or misleading representation, fraudulent inducement causing consent to deliver property, and resulting harm or damage.
3) Mere breach of contract or failure to fulfill civil obligations does not amount to criminal offence of cheating or criminal breach of trust unless deception or dishonest intention exists at the inception of the transaction.

1) The inherent jurisdiction of a High Court under Section 482 of the Code of Criminal Procedure allows quashing of criminal proceedings to prevent abuse of process of court or to secure the ends of justice.
2) Quashing of criminal proceedings based on compromise between parties is subject to the nature and gravity of the offence; serious heinous crimes cannot be quashed despite compromise.
3) Where offences have predominantly private or civil character and compromise between parties exists making conviction remote and continuation oppressive, the High Court may quash the proceedings.

1) Section 304B IPC defines dowry death and prescribes its essential ingredients, including death occurring within seven years of marriage and harassment or cruelty soon before death in connection with dowry demand.
2) Section 113B of the Indian Evidence Act provides for a rebuttable presumption of dowry death if cruelty or harassment for dowry demand is established soon before death.
3) The expression "soon before her death" under Section 304B IPC and Section 113B Evidence Act is relative and must be considered on facts, requiring proximate and live link between cruelty/harassment and death.

1) Section 498A IPC requires allegations of cruelty related to dowry or causing grave injury/harassment to the woman.
2) Criminal intimidation under Section 506(1) IPC demands real threat as an essential ingredient.
3) Offence under Section 406 IPC involves misappropriation or criminal breach of trust of property.

1) Habeas Corpus Petition is maintainable only if the person is in unlawful detention or custody.
2) Valid, solemnized, and registered marriage of a major detainee affects the maintainability of habeas corpus relief.
3) Suppression of material facts, such as knowledge of marriage by the petitioner, impacts the genuineness of the petition.

1) Recovery of excess payments from retired government servants is not permissible unless there is misrepresentation or fraud.
2) An undertaking or indemnity bond without a valid date or clear terms cannot form the basis for recovery.
3) The pay fixation once accepted and paid to a retired employee cannot be disturbed for recovery.

1) Recovery of excess pay from a deceased government servant’s salary is generally not permissible under established judicial precedents.
2) Recovery of salary requires the presence of misrepresentation or fraud by the employee to be valid posthumously.
3) Government undertakings or agreements for recovery cannot override the principle that excess pay recovery cannot be made after death without clear authorization.

1) The OTS 2020 Scheme requires a borrower to submit an application accompanied by a mandatory up-front payment of 5% (or 15% for wilful defaulters) of the settlement amount for the application to be processed.
2) Administrative orders must be tested based on the grounds mentioned within them; additional grounds not mentioned ordinarily cannot be introduced in court to validate such orders.
3) Courts may consider alternative grounds arising from factual narratives in an order to uphold its validity, provided affected parties are given notice and opportunity to respond.

1) Section 65B of the Indian Evidence Act governs admissibility of electronic records including video recordings as evidence.
2) Section 293 of the Criminal Procedure Code (CrPC) allows reports of Government scientific experts, such as Chemical Examiners, to be used as evidence and their examination is discretionary.
3) Section 52-A of the NDPS Act prescribes procedures for inventory, sampling, and disposal of seized narcotic drugs, and such inventory and samples are considered primary evidence.

1) Legislative competence and constitutional validity of the Waqf (Amendment) Act, 2025 under Articles 14, 15, 19, 21, 25, 26, 29, 30, and 300A of the Constitution of India.
2) Scope and conditions for grant of interim relief against statutory enactments including presumption of constitutionality.
3) Legal effect and procedural safeguards in Waqf property registration, particularly regarding government lands, protected monuments, and Scheduled Tribe land protections.

1) The essential ingredient of offence under Section 420 IPC requires proof of fraudulent or dishonest intention at the time of making a promise or representation.
2) Mere breach of contract does not constitute cheating unless deception is established from inception of the transaction.
3) Inherent jurisdiction under Section 482 CrPC can be exercised to quash criminal proceedings where allegations do not disclose any cognizable offence or where prosecution is vitiated by mala fide intent.

1) Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 stipulates that land acquisition proceedings shall lapse if compensation has not been paid and physical possession has not been taken within the specified timeframe.
2) The interpretation of Section 24(2) as clarified by the Supreme Court in Indore Development Authority v. Manoharlal, establishes that as long as either possession has been taken, or compensation has been paid, such proceedings cannot be declared lapsed.

1) The presumption under the Benami Transactions (Prohibition) Act, 1988, holds that if property is purchased in someone else's name, the real ownership will lie with the person who provided the consideration, unless proven otherwise.
2) A fiduciary relationship necessitates a high duty of good faith between parties, which must be established based on trust and reliance in financial dealings, particularly in cases involving familial relationships.

1) The prosecution has a duty to explain any injuries sustained by the accused during the incident in question to uphold the integrity of the prosecution case.
2) The failure to explain an accused's injuries can lead to doubts about the prosecution's narrative and may provide grounds for acquittal.

1) The evidence of a child witness needs careful evaluation due to the potential for tutoring, requiring corroboration before it can be relied upon for conviction.
2) In criminal proceedings, the burden is on the prosecution to establish the guilt of the accused beyond a reasonable doubt.

1) The credibility of eyewitness testimony is paramount in criminal cases, and inconsistencies can undermine the entire prosecution case.
2) The burden of proof lies with the prosecution to establish guilt beyond a reasonable doubt, particularly when there are contradictory statements from key witnesses.

1) The definition and scope of “land revenue” under Sections 2(16) and 2(19) of the Maharashtra Land Revenue Code, 1966, limit recovery as arrears of land revenue to sums legally claimable by or on behalf of the State from persons on account of land or interest in land.
2) The obligation of an insurance company under a crop insurance contract governed by the Revamped Operational Guidelines (ROG) of the PM Yojna depend on the combined assessment of sample surveys and Crop Cutting Experiments (CCEs) as per clause 21.5.10.1 when localized calamities occur within 15 days of normal harvest.
3) Writ jurisdiction under Article 226 of the Constitution allows courts to decide cases involving disputed facts if the factual disputes are tactical or frivolous and interpretation of statutory/contractual provisions is necessary, as held in A.P. Electrical Equipment Corporation v. Tahsildar.

1) Powers under Section 254(2) of the Income Tax Act are akin to Order XLVII Rule 1 of the Code of Civil Procedure, 1908, and are limited to rectifying "mistakes apparent from the record."
2) A subsequent ruling or change in law by a superior court cannot be a ground for review or recall of an order under Section 254(2) of the Income Tax Act.
3) Judicial precedents are binding only to the extent of their factual matrix and ratio decidendi; reliance on subsequent judgments must consider applicability on facts and settled law excluding grounds for review based upon changes in law.

1) Admissions made in pleadings are generally not allowed to be withdrawn by amendment if they confer a right and have been relied upon by the opposing party and the court.
2) A defendant is entitled to take inconsistent or alternative pleas by amendment only if such amendment does not cause irretrievable prejudice to the opponent or withdraw any admission in their favour.
3) Amendments to pleadings are to be allowed liberally at pre-trial stage for determination of real controversies, but amendments that alter the nature of the suit causing injustice are not permissible.

1) Section 146 and 147 of the Mumbai Municipal Corporation Act, 1888 lay down the framework for primary liability to pay property taxes on premises under lease and sublease.
2) Section 209 of the MMC Act empowers the Commissioner to serve tax bills on occupiers and provides for recovery and credit mechanisms between occupiers and persons primarily liable.
3) Interpretation of lease agreements determines whether rent includes municipal taxes or whether additional taxes are payable by tenant/occupier separately.

1) Determination of compensation under the Land Acquisition Act, 1894 depends on factors such as fertility, location, and availability of basic facilities.
2) Previous awards for land in the same locality but different block or quality are not automatically applicable to other cases without evidence.
3) The burden of proof to establish enhanced valuation factors lies on the claimant in reference proceedings.

1) Under Rule 12(2) of the Maharashtra Scheduled Tribes (Regulation of Issuance and Verification of) Certificate Rules, 2003, the Scrutiny Committee must record reasons if dissatisfied with documentary evidence before referring a case to the Vigilance Cell.
2) Pre-constitutional period documents showing caste or tribe enjoy highest probative value in verifying Scheduled Tribe status.
3) The burden lies on the Scrutiny Committee to verify and establish linkage of documents relied upon before rejecting a caste claim.

1) The MPDA Act under Section 3 empowers the State Government or authorized officers to issue detention orders to prevent prejudicial acts against public order.
2) Procedural safeguards under the MPDA Act require prompt communication of grounds of detention to the detainee and an opportunity to make representation (Sections 3(3), 8, 9, 10, and 11).
3) The Advisory Board, consisting of judges or qualified persons, must consider the grounds and the detainee’s representation and submit a report to the State Government, which then confirms or revokes the detention (Sections 9, 10, 11, 12).

1) Section 125(1)(b) of the Criminal Procedure Code, 1973 allows the maintenance petition to be filed in any district where the wife resides.
2) The jurisdiction of the Court cannot be conferred by mere temporary or fleeting presence of the petitioner; residence must be bona fide and substantive.
3) Proceedings under Section 125 Cr.P.C. are benevolent legislation and technicalities should not defeat the purpose of social justice to women and children as envisaged under Article 15(3) of the Constitution.

1) Section 125 Cr.P.C. provides for granting maintenance to an unmarried daughter who is unable to maintain herself due to physical or mental abnormality or injury even after attaining majority.
2) Section 20 of the Hindu Adoption and Maintenance Act, 1956, allows maintenance to a daughter till her marriage, irrespective of majority.
3) Maintenance claims under Section 125 Cr.P.C. are intended as immediate relief and differ in scope from the broader rights under the Hindu Adoption and Maintenance Act which require civil proceedings.

1) Disciplinary authorities have discretion to impose punishment proportional to the gravity of misconduct including unauthorized absence.
2) Judicial review of disciplinary punishment is limited to illegality, irrationality, and procedural impropriety and will not interfere unless punishment shocks the conscience.
3) In cases of unauthorized absence, absence without intimation may be excused due to compelling circumstances but continuous absence without communication justifies disciplinary action.

1) Grant of regular bail depends on factors including nature and gravity of offence, evidence strength, antecedents of the accused, period of detention, likelihood of trial delay, and risk of abuse of liberty.

1) Under Section 125 CrPC, a wife who is unable to maintain herself and lives separately from her husband without justifiable cause is not entitled to maintenance.

1) Issue of a show-cause notice under Section 6B of the Essential Commodities Act, 1955 is a mandatory procedural requirement before ordering confiscation under Section 6A, and non-compliance renders the confiscation order illegal and unsustainable.

1) Transfer and posting being an incidence of service fall within the exclusive domain of the employer and are not ordinarily subject to judicial interference unless mala fide, lack of jurisdiction, or violation of statutory rules is established.

1) Essential ingredients and scope of offence of criminal breach of trust under Sections 405 and 406 of IPC.
2) Scope and limitations of quashing jurisdiction under Section 528 of BNSS, 2023 including requirement to avoid mini trials and assessment of evidence reliability at the stage.

1) Principles guiding grant of bail include the nature and gravity of the offence, stage of investigation, possibility of tampering with evidence or influencing witnesses, and the accused’s character and antecedents.
2) Under Indian criminal jurisprudence, bail is the rule and jail is the exception, especially where investigation is complete, chargesheet filed, and there is no likelihood of absconding or tampering with evidence.

1) Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 empowers the Court to quash FIRs and subsequent proceedings to prevent abuse of the process of law.
2) Quashing criminal proceedings is justified where the dispute between parties is private in nature and amicably resolved, rendering further trial unnecessary and unjust.

1) Section 5 of the Limitation Act, 1963 empowers courts to condone delay in filing an appeal when sufficient cause is shown.
2) The evidentiary value of bona fide reasons and absence of gross negligence by the appellant is a significant factor in exercising discretion for condonation of delay.

1) The law that procedure is the handmaid of justice requires courts to avoid hyper-technical approaches that unjustly prejudice parties, especially when non-appearance is for bona fide reasons.
2) Courts have the discretion to reopen the right to lead evidence upon application, particularly imposing reasonable costs, to ensure substantial justice is served without unduly delaying proceedings.

1) Section 530 of the Companies Act, 1956 governs the order and priority of payments to creditors in a company liquidation.
2) Section 481 of the Companies Act, 1956 empowers the Court to dissolve a company after its affairs have been completely wound up upon satisfaction of just and reasonable circumstances.

1) Transfer of proceedings under relevant family and civil procedure law is warranted to avoid hardship and inconvenience to parties and to consolidate related proceedings at one forum.
2) The Supreme Court precedent supports transfer where the inconvenience caused to the applicant is significantly greater than to the opponent and related cases are pending at the transferee court.

1) The prosecution in a rape case can rely on the sole testimony of the prosecutrix if it is worthy of credence and inspires confidence.
2) Corroboration of the prosecutrix’s testimony is not a legal requirement but a prudential guideline, depending on the facts and circumstances of the case.
3) The quality of the prosecutrix’s testimony must be “sterling” — consistent, natural, and free from material contradictions — to form a safe basis for conviction.

1) Rashness or negligence in driving must be established by evidence beyond mere assertion of “high speed.”
2) Statements of witnesses regarding negligence are opinions and not conclusive evidence; negligence is a legal conclusion for the court to determine.
3) Section 81 IPC provides a justification for an act done to avoid a greater harm, excusing acts otherwise considered offenses.

1) Mutation of land records requires the recognition of valid registered sale deeds and possession, and authorities cannot refuse mutation on extraneous grounds beyond these prerequisites.
2) Inclusion of land in a prohibited list affecting property rights constitutes an administrative action with civil consequences and must adhere to principles of natural justice including prior notice and hearing.
3) Revenue and administrative authorities cannot exercise jurisdiction over ownership disputes impacting property rights; such matters fall within the domain of competent civil courts.

1) The right to be considered for promotion is a fundamental right under Articles 14 and 16 of the Constitution, but there is no fundamental right to the promotion itself.
2) Promotion becomes effective from the date it is granted and not retroactively from when a vacancy arises or the post is created.
3) The principle of ‘no work no pay’ applies in the context of retrospective promotions, particularly where disciplinary or penalty proceedings affect entitlement to financial benefits.

1) Rule-74(a) and (b)(ii) of the Jharkhand Service Code permits compulsory retirement of a government servant in public interest or due to inefficiency, subject to due process and considerations of service record.
2) Findings of the Disciplinary Authority that differ from the Inquiry Officer’s report must be supported by evidence; conclusions based merely on presumptions or ipse dixit are perverse and not sustainable.
3) Conversion of a departmental enquiry under Jharkhand Civil Services (Classification, Control & Appeal) Rules into compulsory retirement under Rule-74 without concluding the enquiry amounts to short-circuiting the disciplinary process and is impermissible.

1) Appointment of teachers in private aided minority schools is subject to the availability of sanctioned posts based on staff fixation determined by the educational authorities.
2) Filling of surplus posts without approval or creation of new posts for grant-in-aid contravenes the Tamil Nadu Recognized Private Schools (Regulation) Act, 1973 and relevant Government Orders.
3) Management’s right to administer schools under Article 30(1) of the Constitution does not extend to maladministration or actions inconsistent with staff fixation and student strength norms.

1) Earned leave salary benefits qualify as a form of property under service law.
2) Rule 86(a) of the Fundamental Rules permits encashment of earned leave even after service termination.
3) Conviction and dismissal from service for corruption do not automatically deprive an employee of earned leave encashment rights.

1) Courts have the authority to correct clerical, typographical, or arithmetical errors in their judgments to set the records straight.

1) Review petitions are maintainable only when there is discovery of new evidence, an apparent error on the face of the record, or any other sufficient reason analogous to these grounds.
2) Review cannot be entertained as an appeal in disguise to re-examine evidence or re-argue the case.
3) Mere possibility of two views on a subject or repetition of old arguments does not justify a review petition.

1) Government employees retiring on 31st December are entitled to annual increment benefit effective from 1st January as per Supreme Court precedent.
2) Delay in filing writ petitions affects entitlement to arrears and interest, limiting such payments only to a reasonable period before the petition filing date.
3) Courts have discretion to grant arrears with interest for a limited duration in cases of delayed claims based on recent Supreme Court rulings.

1) Blacklisting orders entail drastic civil consequences and must comply with principles of natural justice.
2) Principles of natural justice require consideration of all replies and providing an opportunity of hearing before passing adverse orders.
3) Supreme Court precedents mandate strict adherence to natural justice in blacklisting cases.

1) Transfer is an incidence of service and generally lies within the administrative domain and discretion of the competent authority.
2) Courts intervene in transfer matters only when there is a violation of statutory rules or malafide exercise of power.
3) Administrative grounds for transfer, if not covered under transfer policy, do not necessarily render the transfer order invalid unless shown to be arbitrary or mala fide.

1) Sections 218 to 223 of the Code of Criminal Procedure, 1973, prescribe the legal framework governing joinder and separation of charges and trials, emphasizing joint trial as the norm where offences arise out of the same transaction.
2) The right to a fair trial under Article 21 of the Constitution includes procedural fairness, requiring prior notice and opportunity of hearing before any adverse order affecting the accused is passed.
3) Article 14 of the Constitution guarantees equality before the law, prohibiting preferential or arbitrary treatment in criminal proceedings based solely on political or public status.

1) Section 438 of the Code of Criminal Procedure, 1973 empowers the High Court or Court of Session to grant anticipatory bail based on discretionary considerations including nature of accusation, antecedents, and likelihood of absconding.
2) Delay in lodging FIR and cancellation of mutation entries do not automatically negate criminal liability or entitlement to anticipatory bail when prima facie offences appear to have been committed.
3) Courts must dispose of anticipatory bail applications expeditiously to uphold personal liberty, avoiding indefinite pendency which violates constitutional ethos under Articles 14 and 21 of the Constitution of India.

1) The Rights of Persons with Disabilities Act, 2016 (RPwD Act) mandates equality, non-discrimination, community living, reasonable accommodation, and accessibility obligations.
2) Constitutional Articles 14, 19, and 21 require substantive equality, dignity, and inclusion of persons with disabilities, including those institutionalised.
3) International human rights frameworks, including the UNCRPD and CRC, obligate States to ensure accessibility, avoid arbitrary institutionalisation, and promote community living for persons with disabilities.

1) A father's duty to provide for his children continues irrespective of marital status or differences with the spouse.
2) The irretrievable breakdown of marriage and grant of divorce on grounds of cruelty do not absolve parental obligations towards reasonable expenses for children.
3) Courts can direct monetary contributions towards marriage expenses as a natural extension of parental duty under family and matrimonial law principles.

1) Sexual harassment under the POSH Act includes unwelcome physical, verbal or non-verbal conduct of sexual nature and also encompasses creating an intimidating, offensive or hostile work environment.
2) Section 9 of the POSH Act requires complaint of sexual harassment to be made within three months of the last incident, extendable up to six months on sufficient cause.
3) Acts purely administrative in nature and taken collectively by an Executive Council cannot be construed as acts of sexual harassment unless directly linked to the sexual misconduct complained of.

1) Order VIII Rule 6A CPC permits a defendant to file a counter-claim only against the plaintiff’s claim and not solely against co-defendants.
2) A counter-claim must be filed before the issues are framed to avoid delay and prejudice to the opposite party.
3) Counter-claims are subject to the Limitation Act and must be filed within the prescribed limitation period, ensuring no abuse of process or injustice occurs.

1) Section 15 of the Legal Metrology Act, 2009 mandates that search and seizure must be preceded by recorded reasons to believe and comply with the provisions of the Criminal Procedure Code relating to search and seizure.
2) Sections 93 and 100 of the Cr.P.C. require a search warrant for searches of premises not open to the public and mandate the presence of two independent witnesses during search and seizure.
3) Non-compliance with mandatory procedural safeguards under special statutes and Cr.P.C. provisions vitiates the validity of search and seizure operations and consequent actions.

1) Article 65 of the Limitation Act, 1963 prescribes a twelve-year limitation period for suits for possession of immovable property based on title.
2) Article 59 of the Limitation Act, 1963 prescribes a three-year limitation period for suits to cancel or set aside an instrument or for rescission of a contract, applicable only to voidable, not void, transactions.
3) A registered sale deed executed without consideration or by a person not party to it is void ab initio and need not be separately cancelled for a suit based on title to be maintainable.

1) The EIA 2006 Notification classifies projects into Category A and B, with the Schedule’s Column 5 specifying where General Conditions apply; Items 8(a) and 8(b) do not have General Conditions specified, indicating non-applicability.
2) High Courts’ territorial jurisdiction limits the binding effect of their judgments; the Kerala High Court’s quashing of the 2014 EIA Notification clarifying General Conditions’ inapplicability to Items 8(a) and 8(b) applies only within Kerala.
3) The National Green Tribunal’s jurisdiction under Sections 14 and 15 of the NGT Act is confined to civil cases involving substantial environmental questions and relief and does not extend to abstract policy matters or directions altering statutory schemes.

1) The distinction between murder under Section 302 IPC and attempt to murder under Section 307 IPC hinges on the existence of intention and the causal link between injury and death.
2) Explanation 2 to Section 299 IPC provides that death caused by bodily injury is attributable to the person inflicting injury despite proper medical treatment possibly preventing death.
3) The theory of causation in homicide includes proximate cause; death following complications naturally arising from the injury still holds the attacker liable for murder.

1) Speculative investors are distinguished from genuine homebuyers in insolvency proceedings under the IBC; speculative investors cannot invoke CIRP as their intent is profit without possession, and thus they lack locus to initiate insolvency resolution against real estate developers.

1) The expression “within such period” in Section 5 of the Limitation Act encompasses the entire duration from the commencement of the limitation period till the actual filing of the appeal, requiring “sufficient cause” to be demonstrated for delay throughout this period.
2) Condonation of delay under Section 5 is discretionary and requires a bona fide explanation free from negligence or mala fide, and courts should not ordinarily interfere with such discretion unless exercised arbitrarily or without material basis.
3) While earlier jurisprudence accorded a degree of leniency to the State and its instrumentalities in condoning delay due to bureaucratic processes, the modern position (post-Postmaster General) mandates equal treatment of the State and private parties, with no indulgence for unexplained bureaucratic lethargy or negligence.

1) The assessment of eyewitness testimony must be scrutinized for consistency, credibility, and corroboration with medical evidence in criminal cases.
2) Convictions based on circumstantial evidence require clear and convincing proof that establishes guilt beyond reasonable doubt.

1) Pension entitlement for employees is contingent upon specific provisions within applicable regulations, and designation or prior conditions do not guarantee pension benefits if not stipulated in the governing rules.
2) Regulations framed under the Road Transport Corporation Act, 1950, supersede prior government orders related to service conditions, including pensions.

1) The testimony of a single eyewitness can suffice for conviction if deemed wholly reliable, subject to rigorous scrutiny of the evidence.
2) Suspicion, no matter how strong, cannot replace proof of guilt, demanding clear, cogent, and unimpeachable evidence for conviction.

1) Demand and acceptance of bribe are essential components to establish an offence under the Prevention of Corruption Act.
2) The evidence of a complainant (interested witness) must be corroborated by an independent witness (such as a shadow pancha) for conviction in corruption cases.
3) Inconsistencies and absence of direct evidence relating to demand and acceptance by accused persons undermine the prosecution's case and justify acquittal.

1) Section 27(1) of the SEBI Act, 1992 provides that every person in charge of and responsible for the conduct of the company’s business at the time of the commission of the offence shall be deemed guilty and liable for prosecution.
2) Findings in adjudication or regulatory proceedings do not conclusively bar criminal prosecution unless there is a clear, categorical exoneration on merits.
3) At the discharge stage under Section 227 CrPC, the court’s duty is limited to deciding if a prima facie case exists, based on a strong suspicion, and not to conduct a detailed trial of evidence.

1) Section 148 of the Negotiable Instruments Act empowers the Appellate Court to order the deposit of a minimum of 20% of the fine or compensation awarded by the trial court pending appeal.
2) The use of the word "may" in Section 148 is to be interpreted as "shall," rendering the deposit condition ordinarily mandatory unless exceptional reasons are recorded.
3) An exception to the mandatory deposit can be made only when the appellate court records special reasons that the deposit would be unjust or deprive the appellant of the right to appeal.

1) Section 63-1A of the Maharashtra Tenancy and Agricultural Lands Act, 1948 governs transfer of agricultural land to non-agriculturists subject to bona fide industrial use within a prescribed period.
2) Section 44A of the Maharashtra Land Revenue Code, 1966 exempts the requirement of permission for land use conversion where the land is used for bona fide industrial purpose and mandates issuance of Sanad upon verification.
3) The right of the original landowner to re-conveyed land arises only if the Collector formally resumes the land due to non-use for industrial purpose within the statutory period.

1) Definition and scope of "relationship in the nature of marriage" under the Protection of Women from Domestic Violence Act, 2005.
2) Criteria for recognizing a live-in relationship as a de facto marriage entitling parties to maintenance.
3) Liability of a biological father to pay maintenance to a child born out of such relationship irrespective of the marital status of the parents.