1) Criminal Law – Rape – Section 376-D IPC details the punishment for gang rape, and the charge must be proven beyond reasonable doubt with corroborative evidence for conviction.
2) Criminal Law – Evidentiary Standards – The testimonies of key witnesses must align with medical evidence; discrepancies may lead to reasonable doubt and affect the conviction.

1) A court may grant an extension of time for filing an appeal upon sufficient cause shown and subject to certain conditions including payment of costs.

1) The court’s discretionary power under Section 311 Cr.P.C. to recall witnesses must be exercised judiciously in the interest of justice to prevent miscarriage of justice.

1) Under Section 12 of the Juvenile Justice Act, 2015, a child alleged to be in conflict with law shall be released on bail unless his release is likely to associate him with criminals, expose him to moral, physical or psychological danger, or defeat the ends of justice.

1) The rigours of Section 37 of the NDPS Act concerning bail do not apply where the quantity of contraband seized is below commercial quantity and falls within small or intermediate quantity.

1) Property Law – Lease – A lease can only be terminated through proper notice, and once terminated, any possession derived from that lease is rendered unauthorized.
2) Property Law – Title – The principle of "nemo dat quod non habet" states that one cannot transfer a better title than they possess, necessitating proper proof of ownership before any claims can be made against the actual owner.

1) Service Law – Seniority – The seniority of promotees and direct recruits must be determined in accordance with the Department of Personnel & Training Office Memorandum dated 04.03.2014, which specifies that seniority is based on the initiation date of the recruitment process for direct recruits.
2) Administrative Tribunals Act – Limitation – Under Section 21 of the Administrative Tribunals Act, an application challenging appointment must be filed within one year from the date of the final order; the Original Application filed by the Petitioner was time-barred as it was submitted nearly three years after the appointments.

1) Third party leave to file writ appeal may be granted where connected writ petitions involving rival parties are pending and interests of justice require adjudication despite absence of original party status.

1) In exceptional cases involving consensual sexual acts within romantic relationships under the POCSO Act, bail may be granted without presuming guilt.

1) The POCSO Act provisions may be interpreted with consideration to the nature of the relationship involved, allowing bail in cases of consensual sexual acts in a love relationship despite the minor's age.

1) An employee retiring on 30th June or 31st December may be entitled to a notional increment earned on the last day of service as per settled law and applicable Office Memorandum.

1) Arbitration Law – Arbitration and Conciliation Act, 1996, Sections 28(3), 31(7)(a) & (b) – The arbitral tribunal’s power to award interest is subject to the terms of the contract for pre-award interest under Section 31(7)(a), whereas post-award interest under Section 31(7)(b) is mandatory and cannot be excluded by contract.
2) Contract Law – General Conditions of Contract (GCC), Clauses 16(3) and 64(5) – Clause 16(3) bars payment of interest on earnest money, security deposits, and amounts payable to the contractor under the contract; Clause 64(5) bars interest on money payable till the date of the award, thereby prohibiting pre-award interest but not post-award interest.

1) Service Law – Educational Service Rules – Rule 6A of Kerala Technical Education Service (Amendment) Rules, 2004: This rule provides exemption from mandatory Ph.D. qualification for certain categories of lecturers/promotions, aimed to align with AICTE notifications granting relaxations. Its validity was upheld by the Supreme Court when consistent with AICTE guidelines, emphasizing the interplay between state service rules under Article 309 and central AICTE regulations.
2) Administrative Law – Locus Standi and Remedies for Non-Parties – Doctrine of Review and Section 19 of Administrative Tribunals Act, 1985: Non-parties affected by tribunal or court orders have a remedy through review or fresh applications under Section 19 to challenge decisions adversely impacting their rights, ensuring fairness in service matters and finality of orders.

1) Contract Law – Indian Contract Act, 1872 – Sec 133 – Discharge of Surety by variance in terms of contract – A surety is discharged as to all transactions subsequent to any variance in the terms of contract between principal debtor and creditor made without the surety's consent, limiting sureties' liability to amounts agreed upon originally.
2) Contract Law – Indian Contract Act, 1872 – Sec 139 – Discharge of Surety by creditor’s act or omission – A surety is discharged if the creditor performs any act inconsistent with the surety’s rights or omits acts due to the surety, impairing the surety's eventual remedy against the principal debtor.

1) Insolvency Law – Insolvency and Bankruptcy Code, 2016 – Section 61(3)(ii) – Appellate jurisdiction of NCLAT is limited to grounds of material irregularity in exercise of powers by the Resolution Professional during CIRP and does not extend to interference with the commercial wisdom of the Committee of Creditors.
2) Insolvency Law – Insolvency and Bankruptcy Code, 2016 – Sections 30(2), 31, 62 – Commercial wisdom exercised by the Committee of Creditors in approval of a Resolution Plan is paramount and non-justiciable; judicial authorities and appellate forums have limited scope, restricted to ensuring compliance with statutory and procedural requirements without substituting their own assessment.

1) Contract Law – Interpretation of Contractual Clauses – Article 10 of the PPA/PSA defines “Change in Law” and entitles the affected party to compensation restoring economic position; significance lies in distinguishing between contractual indemnity clauses and Change in Law events.
2) Evidence Act, 1872 – Sections 91, 92, 94, 95 – Surrounding circumstances and prior correspondences can be relied upon to interpret ambiguous or implied terms in a contract, giving effect to the parties’ true intentions.

1) Under the Land Acquisition Act, 1894, determination of compensation for acquired land requires establishing valid ownership or title by the claimant before entitlement to compensation arises.

1) Criminal Law – B.N.S.S. 2023 – Section 183 – The procedure under Section 183 mandates that statements are generally recorded only once and outlines the judicial safeguards to ensure voluntariness and accuracy in recording those statements.
2) Criminal Law – B.N.S.S. 2023 – Section 176 – The provision emphasizes the importance of following specific guidelines during the recording of victim statements, especially in sensitive cases, to prevent coercion and ensure the integrity of the recorded statement.

1) Criminal Law – Indian Penal Code; Sec 302 - Murder – To secure a conviction under Section 34 IPC, the prosecution must demonstrate a common intention among participants in the crime, which can be inferred from the circumstances surrounding the crime.
2) Criminal Law – Indian Penal Code; Sec 34 – Joint Liability – Section 34 can be invoked when several individuals participate in a criminal act prompted by a common intention, even if their specific actions during the crime differ.

1) Criminal Law – IPC; Sec 302 – Murder – The prosecution must establish the guilt of the accused beyond a reasonable doubt with reliable evidence to convict for murder.
2) Criminal Procedure – Section 313 CrPC – The requirement for a proper recording of the accused's statement is essential, as failure to do so can invalidate the trial proceedings.

1) Criminal Law – Indian Penal Code; Sec 302 – Punishment for Murder – The presence of eyewitnesses who consistently testify about the involvement of the accused can lead to a conviction even in the absence of physical evidence such as the weapon of assault.
2) Criminal Procedure – Investigation – The failure to recover a weapon during the investigation does not invalidate the prosecution’s case if the testimonies of eyewitnesses are credible and convincing.

1) Criminal Law – Indian Penal Code; Sec 302 - Murder – A conviction for murder can be sustained through circumstantial evidence if all circumstances form a complete chain leading to the accused's guilt.
2) Indian Evidence Act; Sec 106 - Burden of Proof – In cases where the evidence of guilt is largely circumstantial, the burden shifts to the accused to explain facts that are within their knowledge, which they fail to do when the circumstances strongly suggest their involvement.

1) Protection of Women from Domestic Violence Act, 2005 – Section 19 and Section 29 – Relief of residence order and appeals – A procedural order allowing amendment under Order VI Rule 17 CPC in a Domestic Violence application is not appealable under Section 29 of the DV Act as established by Bombay High Court in Abhijit Bhikaseth Auti case.
2) Civil Procedure Code, 1908 – Order VI Rule 17 – Amendment of pleadings – Power to allow amendment in Domestic Violence proceedings is necessary to enable effective adjudication of rights and such amendment will not change nature of original complaint and is thus valid and permissible.

1) Advocates Act, 1961 – Section 35 and Section 48A – Disciplinary proceedings and revision – The disciplinary mechanism cannot be used to reopen or relitigate issues already examined and concluded in previous proceedings or civil disputes not related to professional misconduct.
2) Constitutional Law – Principles of Natural Justice and Res Judicata – Article 22(2) applicable to disciplinary proceedings – Prevents multiple trials for the same cause and upholds finality, thereby prohibiting vexatious or abusive litigation tactics.

1) Stamp Duty – Maharashtra Stamp Act, 1958 – Section 31 and Section 53A – Adjudication and re-assessment of stamp duty must consider actual development restrictions and approved built-up area as per competent authority’s sanction to determine market value.
2) Revenue Law – Guidelines for computation of market value – Annual Statement of Rates (ASR) Guideline No. 46 – Development restrictions, such as proximity to railway lines and height limitations, must be factored in valuation for stamp duty purposes.

1) Motor Vehicles Act, Section 166 – Liability of Insurance Company arises when the vehicle is driven by a person holding a valid driving licence; the driver's identity is crucial for determining liability.
2) Evidence Law – The evidentiary value of charge-sheet over FIR – the charge-sheet is the final investigative report and holds greater weight than the FIR in fixing liability in accident cases.

1) To attract Section 304-B IPC, it must be shown that the woman died within seven years of marriage and was subjected to cruelty or harassment for dowry demand soon before her death.

1) Criminal proceedings cannot be quashed solely on the ground that the dispute involves a civil remedy when the allegations prima facie disclose ingredients of criminal offences under Sections 420 and 406 IPC.

1) Grant of bail in cases involving sexual offences against minors requires careful consideration of victim’s statements, nature of offence, progress of trial, and expressions of no-objection from the victim and close relatives.

1) Cancellation of an entire selection process on grounds of procedural irregularities or suspicion of malpractice requires concrete and definitive findings rather than mere surmises or absence of direct evidence.

1) Arrested persons must be informed promptly in writing of specific factual grounds of arrest to enable them to prepare their defence; mere generic or checklist intimation is insufficient.

1) An application for substitution of a party due to death of a representative is permissible to maintain continuity in legal proceedings.

1) Property Law – Transfer of Property Act, 1882, Sec 105 & 108 – Definition and characteristics of leasehold interest versus licence – A lease transfers an interest in land and exclusive possession, whereas a licence only grants permission to use property without transferring any interest.
2) Contract Law – Principles of construction of deeds – Literal rule, golden rule, and purposive construction – The intention of the parties must be ascertained primarily from the clear and plain language of the document, giving effect to the words actually used rather than post hoc conduct.

1) Criminal Law – Code of Criminal Procedure, 1973 – Sections 200, 202, and 473 – When a complaint is filed by a public servant acting in discharge of official duties, the Magistrate is not required to examine the complainant under Section 200 and may dispense with inquiry under Section 202 before taking cognizance, especially where the accused reside outside jurisdiction, balancing protection against harassment and efficient prosecution.
2) Criminal Law – Code of Criminal Procedure, 1973 – Sections 468, 469, and 473 – The period of limitation for taking cognizance of an offense commences from the date on which the identity of the accused becomes known to the complainant or investigating police officer, and the Court may condone delay in filing complaint beyond the limitation period in the interest of justice.

1) Insolvency and Bankruptcy Code, 2016 – Section 60(2) – Permits simultaneous or separate insolvency resolution proceedings against a corporate debtor and its corporate guarantor before the same adjudicating authority; liability of principal debtor and surety is co-extensive under Indian Contract Act, Section 128.
2) Insolvency and Bankruptcy Code, 2016 – Regulation 12A (IBBI Insolvency Resolution Process Regulations, 2016) – Requires creditors to update claims as and when satisfied fully or partially from any source post insolvency commencement date to prevent double recovery or unjust enrichment.

1) Constitutional Law – Articles 14, 15(1), 21 – Right to Equality, Non-Discrimination, and Right to Life with Dignity – Prisoners retain fundamental rights under Article 21 including entitlement to humane conditions, reformation, rehabilitation, and non-discrimination, mandating the State to ensure prisons and OCIs function consonant with these rights.
2) Prison Administration – Model Prison Manual, 2016 (Chapter XXIII) & Model Prisons and Correctional Services Act, 2023 – Establishment and Governance of Open Correctional Institutions – These provide normative frameworks mandating States to establish, utilize, and regulate OCIs as reformative institutions facilitating gradual transition to liberty, rehabilitation, and social reintegration.

1) Recruitment medical examination guidelines must be strictly followed, including referral to specialist boards in doubtful cases, and medical disqualification must be based on clear, reasoned findings consistent with prescribed guidelines.

1) Prolonged incarceration due to delay in trial can be a ground for granting bail under Article 21 of the Constitution, overriding the statutory embargo of Section 37 of the NDPS Act, subject to careful appraisal of the material and stage of trial.

1) The grant of pre-arrest bail in cases involving serious offences under BNSS and the POCSO Act requires careful consideration of incriminating material and the need for further investigation into disputed facts such as marriage solemnization and custodial transfers.

1) Property Law – Tenancy vs. License – Distinction between a tenant and a licensee is crucial, as it affects the rights to possess and use the property; tenants have greater rights than licensees.
2) Civil Procedure – Substantial Questions of Law – For a question to be deemed 'substantial,' it must be debatable and materially impactful on the case's outcome, requiring consideration by higher courts.

1) Motor Vehicles Act, 1988 – Section 166 – Grants right to claim compensation for injuries sustained in a motor vehicle accident and provides for assessment of damages including medical expenses and permanent disability.
2) Motor Vehicles Act, 1988 – Principles of Assessment of Compensation – The Tribunal’s discretion to assess loss of income due to disability and allowances for attendant charges, pain and suffering, special diet, and mental agony.

1) Evidence – Section 65B of the Indian Evidence Act – Electronic evidence such as voice recordings require proper certification under Section 65B to be admissible and reliable in criminal prosecution.
2) Prevention of Corruption Act, 1988 – Section 19 – Sanction for Prosecution – Prosecution against a public servant requires valid sanction from the competent authority who appointed the accused; mechanical or invalid sanction renders the prosecution void.

1) Civil Procedure – Code of Civil Procedure, 1908 – Order II Rule 2, Order IX Rule 7, Order XXIII Rule 1 – The right to seek partition is recurring and a fresh suit is maintainable even if the earlier suit was dismissed for non-compliance or without liberty to file fresh suit.
2) Arbitration Act, 1940 – Section 20 – An arbitration award is not enforceable unless made a rule of the Court; however, the award cannot be ignored completely and parties must enforce or challenge the award in accordance with law; yet, in partition suits, the recurring nature of cause of action allows fresh suits despite non-enforcement of award.

1) Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 42 - Requires written information to be given to the superior officer within 72 hours following the receipt of information to justify search, seizure, and arrest without warrant; compliance with this procedural safeguard is essential for validity of seizure and subsequent conviction.
2) Narcotic Drugs and Psychotropic Substances (Seizure, Storage, Sampling and Disposal) Rules, 2022 - Mandates proper sampling procedures and inventory to ensure chain of custody and authenticity of samples sent to laboratory for chemical analysis, failure of which vitiates prosecution evidence.

1) Constitutional Law – Article 226 of the Constitution of India – Doctrine of Clean Hands and Full Disclosure – Petitioners must disclose all material facts and documents for maintainability of writ petition and to invoke extraordinary jurisdiction of the High Court.
2) Civil Procedure – Pending Civil Suits and Disputed Questions of Fact – Writ jurisdiction ordinarily not to be exercised where there are substantial disputed facts and parallel civil suits pending between parties.

1) Tax Law – Central Goods and Services Tax Act, 2017, Section 122(1) and (1A) – The penalty provisions under Section 122(1) apply only to "taxable persons" as defined under Section 2(107) of the CGST Act; Section 122(1A) penalizes any person who retains benefits of specified transactions at whose instance such transactions are conducted, but this person must be a taxable person to incur such penalty.
2) Constitutional Law – Constitution of India, Article 20(1) – Protection against retrospective imposition of penal liabilities; no person shall be subjected to penalty under a law not in force at the time of commission of the offence, barring retrospective application of Section 122(1A) prior to its enforcement from 1 January 2021.

1) Scheduled Tribes - Caste Validity Certificate - Principle that a claim based on a close blood relative’s validly issued caste certificate is prima facie acceptable and cannot be lightly discarded without substantial reasons, as per Maharashtra Adiwasi Thakur Jamat Swarakshan Samiti vs. State of Maharashtra, (2023) 16 SCC 415.
2) Administrative Law - Quasi-Judicial Authority - A subsequent scrutiny committee cannot sit in appeal over the earlier committee’s validly granted certificates without cogent evidence of fraud or improper issuance.

1) Caste Certification – Affinity Test – The affinity test is not an absolute litmus test but one of the factors to be considered in assessing caste claims as per established Supreme Court precedent in Maharashtra Adiwasi Thakur Jamat Swarakshan Samiti vs. State of Maharashtra (2023) 16 SCC 415.
2) Administrative Law – Validity Certificates – Validity certificates granted to close blood relatives with due procedure are relevant and authoritative documents that entitle similarly situated petitioners to recognition unless lawfully set aside.

1) Maharashtra Village Panchayats Act, 1959 — Section 39(1) — Removal of Member, Sarpanch, or Up-Sarpanch — Prescribes grounds such as misconduct, disgraceful conduct, neglect or incapacity for removal, and mandates a two-stage inquiry process with reasonable opportunity of being heard before removal.
2) Administrative Law — Natural Justice — Principle that removal of elected representatives must strictly adhere to statutory provisions with proper inquiry and reasons, ensuring no removal on tenuous or motivated allegations, safeguarding electoral representation rights.

1) Employees’ Compensation Act, 1923 – Section 19 – Liability of insurer can be fixed in proceedings under the Act though there is no statutory liability akin to Section 147 of Motor Vehicles Act; insurer’s liability arises contractual to the insurance policy and can be determined by the Commissioner.
2) Insurance Policy Interpretation – Definition of ‘employee’ and coverage clauses – Exclusion of employees under contractor or subcontractor unless expressly covered in the policy schedule; coverage extends to civil construction workers engaged at the site per policy terms.

1) Employees’ Compensation Act, 1923 – Section 4(1)(c)(ii) and Explanation-II – Disability certificate for assessing loss of earning capacity must be issued by a “qualified medical practitioner,” but not necessarily by the treating doctor.
2) Employees’ Compensation Act, 1923 – Section 2(1)(i) – Definition of “qualified medical practitioner” includes any registered medical practitioner and does not limit issuance of disability certificate to only treating doctors.

1) Criminal Law – Indian Penal Code Sections 302, 201 read with 34 – Circumstantial Evidence – A conviction based on circumstantial evidence requires that the chain of circumstances must be complete and exclude every hypothesis except the guilt of the accused (Principle of complete chain).
2) Evidence – Section 27 of the Indian Evidence Act – Recovery of incriminating articles – A recovery made from a handcuffed accused, without proper sealing or evidence of voluntariness, is doubtful and inadmissible as evidence of guilt.

1) Indian Penal Code, Section 376(2)(i) and POCSO Act, Sections 6 and 10 – The Court must give due weight to the victim's testimony, especially when the victim is a minor, even if there are minor inconsistencies, and presumption under Section 29 of the POCSO Act applies to the accused to rebut the sexual assault allegations.
2) Evidence – Medical evidence of redness without external injuries can corroborate the victim’s account of sexual assault, and absence of injuries does not necessarily negate the occurrence of offence under Sections 376 IPC and POCSO Act.

1) Indian Penal Code; Sec 326A – Injury by acid – Section 326A criminalizes causing grievous hurt by acid attack, which carries prescribed minimum punishment. It is necessary for conviction that the acid attack is established beyond reasonable doubt.
2) Protection of Children from Sexual Offences Act, 2012 (POCSO Act) – Sec 3 – Sexual assault – To attract POCSO Act provisions, the act committed must constitute sexual assault, which requires a sexual intent; mere causing of injury without sexual intent does not fall within the POCSO Act.

1) Bail may be granted on the ground of parity and considering the nature of allegations, prior criminal history, and the time likely required for trial conclusion.

1) The grant of regular bail depends on factors including the period of custody, nature of the offence, absence of criminal antecedents, triability of the offence, and whether the trial has commenced.

1) Grant of regular bail is discretionary and can be influenced by factors such as the nature and gravity of offence, period of detention, antecedents of the accused, and treatment of co-accused similarly situated.

1) Grant of anticipatory bail is justified where the accused have no previous criminal history, the case is primarily documentary, and no custodial interrogation is necessary.

1) A detention order passed under the Jammu & Kashmir Public Safety Act must be founded on valid, current material and comply with procedural safeguards; suppression or misrepresentation of material facts vitiates its legality.

1) Withdrawal of Earnest Money Deposit after a judicial order affects the bidder’s eligibility and standing in a tender process.

1) Arbitration clause in a commercial contract requires disputes to be referred to arbitration, even when Force Majeure is invoked.

1) Authorities must dispose of pending representations relating to administrative matters within a reasonable time frame to prevent procedural delays and injustice.

1) Delay in filing an appeal may be condoned if sufficient cause is shown, including factors like economic backwardness and illiteracy.

1) Criminal Procedure Code – Section 482 – inherent powers of the High Court to quash criminal proceedings to prevent abuse of the process of law or to secure ends of justice, including quashing upon compromise in non-compoundable offences.
2) Indian Penal Code – Sections 498-A and 506, and Dowry Prohibition Act, 1961 – provisions related to cruelty by husband or relatives and dowry prohibition, with scope for quashing FIR in cases where parties have amicably settled disputes.

1) Criminal Procedure Code, 1973 – Section 437(3) – Bail conditions and suspension of trial – Bail is discretionary and may be granted pending trial subject to furnishing personal bond and surety and adherence to conditions including regular appearance and non-violation of terms.
2) Bhartiya Nagrik Suraksha Sanhita, 2023 – Sections 103, 296, 115, 351(2), and 3(5) – The provisions relating to offences and procedural safeguards including bail applications and considerations in cases involving serious charges with delayed trials.

1) Criminal Procedure Code – Section 439(2) – Bail Cancellation – Bail can be cancelled if the accused violates the conditions of bail or commits a subsequent offence after release.
2) Criminal Jurisprudence – Principles relating to Cancellation of Bail – Courts must exercise the power to cancel bail sparingly and only on cogent evidence showing violation of bail conditions or commission of new offence.

1) Service Law – M.P. Revision of Pay Rules, 2017 – Rule 2(b)(VIII) – Classification and Pay Benefits – A provision excluding daily wager employees classified as permanent from pay revision benefits must meet standards of non-discrimination and reasonable justification.
2) Constitutional Law – Article 14 – Equality Before Law – A rule which discriminates without reasonable basis among similarly situated government employees violates Article 14 and is liable to be struck down as ultra vires.

1) Service Law – Suspension of Government Servants – Rule 9(1) and State Government Circular dated 28.01.2013 regarding review of suspension where criminal trial is delayed for reasons not attributable to the employee – suspension cannot be maintained indefinitely without reasonable cause.
2) Criminal Procedure – Delay in Trial – Employee not to be continued under suspension indefinitely where delay is not caused by him and no direct allegation affecting official duties exists.

1) Land Law – Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, Section 123 – Creates a legal fiction deeming land settled with house owners in possession before the cutoff date regardless of conversion declarations, enabling statutory regularisation of possession.
2) Land Law – Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, Section 143 – Declaration converting agricultural land to non-agricultural use excludes some provisions of the Act, but does not affect the operation of Section 123 or the statutory definition of land under Section 3(14).

1) Criminal Law – Indian Penal Code, Sections 302 & 34 – Conviction can be sustained on reliable and consistent ocular evidence of eyewitnesses even if the weapons of assault are not recovered; recovery is not a sine qua non for establishing guilt.
2) Criminal Law – Code of Criminal Procedure, Section 313 – Accused must be given an opportunity to explain incriminating circumstances; however, mere similarity or generality in questions does not vitiate trial unless actual prejudice is demonstrated.

1) Family and Religious Rights – Hereditary Rights – The principle that possession and continuous enjoyment of hereditary rights, supported by consistent documentary and revenue records, is a crucial factor in adjudicating succession disputes over temple rights.
2) Civil Procedure – Pleadings and Evidence – Oral evidence cannot substitute for the absence of foundational pleading; specific pleadings are mandatory to establish competing claims in hereditary rights disputes.

1) Criminal Law – Indian Penal Code, Sections 406, 420, 467, 468, 471 – Cheating, Criminal Breach of Trust, and Forgery – Mere breach of contractual obligations or disputes relating to title do not prima facie constitute criminal offence without clear dishonest intention or false representation.
2) Civil Procedure – Arbitration Clause – Existence of arbitration clause in an agreement bars the parties from approaching civil courts or initiating criminal proceedings without resorting to arbitration as per Indian Arbitration Act.

1) Taxation Law – UP Value Added Tax Act, 2008 – Entry 103 of Schedule II Part A – The classification of goods as “fruit drink” depends on commercial and common parlance understanding and is not strictly governed by regulatory definitions or minimum quantitative thresholds of fruit content.
2) Taxation Law – Classification Principles – The burden of proving applicability of a residuary entry lies on the Revenue and resort to residuary entries is impermissible when the product reasonably falls under a specific entry; furthermore, the “essential character” test under Rule 3(b) of the HSN explanatory notes applies to determine classification based on the component imparting the product’s distinctive identity.

1) Co-operative Law – Maharashtra Co-operative Societies Act, 1960 – Section 154 – Grants broad revisional powers to the State Government or Registrar to examine legality and propriety of orders passed by subordinate officers even when alternative remedies exist under Rules framed under the Act. This includes review of auction confirmation orders and is not curtailed by procedural rules like Rule 107.
2) Procedure – Maharashtra Co-operative Societies Rules, 1961 – Rule 107(11)(g) & (h) – Mandates deposit of 15% of purchase price at auction and balance within 15 days without discretion to extend; failure renders sale a nullity and not a mere irregularity, preserving sanctity of public auctions and protecting public interest.

1) Non-communication of written grounds of arrest to the accused, without demonstrable prejudice, is a curable defect and does not ipso facto entitle the accused to bail.

1) Under Section 15-A(3) of the SC/ST (Prevention of Atrocities) Act, the victim or dependent has a statutory right to reasonable, accurate, and timely notice of any court proceeding including bail proceedings, and failure to provide such notice renders the order liable to be set aside.

1) The State Government has the exclusive authority to amend service rules relating to qualifications, promotions, redeployment, and conditions of service, subject to constitutional limitations.

1) Criminal Law – Indian Penal Code; Sec 396 – Dacoity with Murder – Convictions for dacoity with murder require robust evidence, particularly in identifying the accused during the commission of the crime, especially when witnesses claim to recognize them in well-lit conditions.
2) Criminal Law – Burden of Proof – It is the prosecution's responsibility to prove the guilt of the accused beyond reasonable doubt; the lack of recovery of stolen property significantly undermines the prosecution’s case and casts doubt on the integrity of witness testimonies.

1) Civil Law – Ownership – A decree passed in the absence of the necessary party, who is deceased, is a nullity and does not confer any ownership rights.
2) Civil Procedure – Ex-Parte Decree – An ex-parte decree obtained against a deceased party is legally unsustainable and cannot be enforced.

1) Criminal Law – Indian Penal Code; Sec 302 – The principle of 'reasonable doubt' requires the prosecution to prove its case beyond reasonable doubt, and any inconsistencies in witness testimonies can undermine the conviction.
2) Criminal Law – Indian Penal Code; Sec 498A - The demand for dowry must be substantiated by credible evidence. Failure to prove the recurrence of such demand impacts the credibility of the prosecution’s narrative regarding motives for the crime.

1) Civil Service Regulations - Article 351A - Grants the Governor exclusive authority to withhold pension or impose recovery against a retiree based on findings from a formal departmental inquiry, indicating that any proceedings post-retirement must align with established protocol.
2) Judicial Precedent - The High Court's previous judgment mandated that subsequent actions against the petitioner for recovery could only occur after fresh disciplinary proceedings were initiated, emphasizing the necessity of adhering to the due process of law when imposing penalties on retired government employees.

1) Administrative Law – Principles of Natural Justice – The fundamental principle of audi alteram partem mandates that a party must be informed of the allegations against them and must be given a fair opportunity to defend themselves before any adverse action is taken.
2) Contractual Law – Government Procurement – A Consignee Receipt and Acceptance Certificate (CRAC) signifies satisfactory supply of goods and establishes entitlement to prompt payment within ten days, as per the government’s procurement policies, which aim to ensure timely payments to suppliers.

1) Maharashtra Ownership of Flats Act, 1963 - Section 11 - Jurisdiction of Competent Authority to grant deemed conveyance is limited to examining statutory entitlement and promoter’s failure to execute conveyance, and does not extend to adjudication of broad title disputes.
2) Civil Procedure - Doctrine of Res Judicata - Findings recorded by a quasi-judicial authority in an earlier decision on issues directly and substantially in issue have binding effect and cannot be reopened in collateral proceedings between the same parties unless set aside by a superior forum.

1) Maharashtra Cooperative Societies Act, Sec 152(3)-(4) – Provides for finality of orders passed under Section 88 and bars second appeals under Section 152, allowing only revision under Section 154 thereafter; this limits the scope of appeals to safeguard finality and statutory scheme.
2) Administrative Law – Jurisdiction and Maintainability – A proceeding or appeal filed beyond the jurisdiction or contrary to statutory provisions is legally non-est and cannot confer enforceable rights; courts will not indirectly validate such proceedings by entertaining writ petitions on merits.

1) Constitutional Law – Judicial Discipline and Precedent – Supreme Court’s rulings in National Insurance Co. Ltd. v. Pranay Sethi (2017) and State of Bihar v. Kalika Kuer (2003) mandate strict adherence to coordinate Bench decisions unless overruled by a larger Bench, emphasizing certainty and consistency in law.
2) Maharashtra Cooperative Societies Act, 1960 – Section 81(6) – An order directing re-audit under this provision has been held by coordinate Benches to be a non-quasi-judicial order and thus subject to Division Bench jurisdiction.

1) Protection of Children from Sexual Offences Act, 2012 – Section 2(d) defines a child as a person below 18 years, and prosecution must prove this age beyond reasonable doubt to attract penal provisions under POCSO.
2) Evidence – Chain of custody and medical protocol for handling and preserving biological samples (blood samples in DNA testing) is crucial to rely on DNA reports as incriminating evidence.

1) Criminal Law – Protection of Children from Sexual Offences Act, 2012 – Section 2(d) defines ‘child’ and establishes the necessity to prove victim’s age to attract POCSO provisions; victim’s age can be proved by birth certificate and is crucial for jurisdiction.
2) Evidence – Testimony of a child victim, if credible, can sustain conviction even if uncorroborated, provided it is trustworthy and inspires confidence; contradictions or absence of supporting witnesses may undermine the reliability of the testimony.

1) Specific Relief Act, 1963 — Section 14(3)(c) — Developer’s Suit for Specific Performance — Overriding effect of clause (3)(c) on provisions of Sections 14(1)(a), 14(1)(c), and 14(1)(d) — No absolute bar to specific performance of a Development Agreement if developer has gained interest in property and other conditions are met, even when mutual volition is involved.
2) Arbitration and Conciliation Act, 1996 — Section 17 — Interim Measures by Arbitral Tribunal — Discretion to grant interlocutory relief balancing competing interests to preserve the subject matter of arbitration, including restraining termination and regulating alienation of development rights under contract.

1) Service Law - Misconduct and Moral Turpitude - Section 439D of the Maharashtra Universities Act, 1994 defines misconduct as breach of service conditions and moral turpitude as behavior derogatory to the dignity of a teacher, requiring conscious wrongdoing for serious disciplinary action.
2) Service Law - Procedural Fairness and Proportionality - Principles of natural justice mandate a fair enquiry with adequate opportunity to defend, and punishment must be proportionate to the gravity of misconduct without being shockingly disproportionate.

1) Service Law – Departmental Enquiry – Scope of Judicial Review – Court’s review in disciplinary matters is confined to legality and procedural compliance; it cannot re-appreciate evidence or act as an appellate authority on facts.
2) Service Law – Principles of Natural Justice – Requirement of reasonable opportunity to defend and supply of evidence/material – Defect in preliminary fact-finding stage is cured if regular enquiry affords full opportunity and no real prejudice is caused.

1) Maharashtra Ownership Flats Act, 1963 – Section 11(3) mandates the Competent Authority to determine the area liable for conveyance based on official records and documents; rejection of application without proper identification and quantification of land parcels is improper.
2) Civil Procedure – Pendency of civil suits concerning construction irregularities cannot bar the statutory grant of deemed conveyance under MOFA; disputes over FSI and construction do not affect the society’s entitlement to conveyance of the land parcel.

1) Maharashtra Ownership Flats Act, Section 11 – Promoter’s statutory obligation to convey complete right, title, and interest in land and building to flat purchasers’ society, overriding contrary private agreements.
2) Maharashtra Ownership Flats Act, Section 2(c) – Broad definition of “promoter” includes any person who constructs or causes construction for sale of flats, covering owners, developers, and assignees with statutory duties.

1) Stamp Act - Maharashtra Stamp Act, 1958 - Section 53A - Revision of Stamp Duty Adjudication - The power of the Chief Controlling Revenue Authority to revise stamp duty deficiency is subject to a strict six-year limitation period from the date of the original certificate by the Collector, including completion of revisional proceedings.
2) Stamp Duty - Determination of Market Value - Maharashtra Stamp (Determination of True Market Value of Property) Rules, 1995 - Guideline No. 26 - For agreements relating to slum rehabilitation, market value must be computed by considering only the consideration receivable by the landowner and developed area receivable by the developer excluding the cost of construction of PTC, which is not part of consideration.

1) Maharashtra Ownership Flats Act, 1963 - Section 11 - Promoter’s obligation to convey "right, title and interest" in land and building to society as per registered agreements under Section 4; the conveyance must reflect the promoter’s entire interest without reservation or fragmentation.
2) Procedural Law - Rule 13(2) MOFA and Principles of Natural Justice - Notice and opportunity of hearing must be afforded to affected parties, but technical non-compliance does not invalidate proceedings absent real prejudice.

1) Industrial Disputes Act – Sections 2(t) and 18(1) – Industrial Settlement – An industrial settlement, whether reached during conciliation or otherwise, binds the parties who are signatories and is treated as a composite package deal promoting industrial peace.
2) Industrial Disputes Act – Principles of termination of employment – Employment relationship continues unless terminated in a manner recognized by law, such as by valid resignation, retrenchment with due process, or voluntary retirement under a lawful settlement.

1) Land Acquisition – Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – Section 94 – Applies only to acquisitions under the Act of 2013 and not to acquisitions undertaken under the Highways Act as per Section 105 read with Fourth Schedule and Notification dated 28.08.2015; the applicability of provisions must be strictly construed.
2) Land Acquisition – National Highways Act, 1956 – Section 3-A to 3-G – Specifies the procedure for land acquisition and compensation under the Highways Act which excludes applicability of other provisions of the Act of 2013; principles of compensation determination must be uniform but procedural provisions like Section 94 of Act of 2013 do not apply.

1) Industrial Employment (Standing Orders) Act, 1946 – Definition of Industrial Establishment – The test of functional integrality and unity of ownership, management, finance, and purpose determines whether different departments form a single industrial establishment, impacting the applicability of labour laws.
2) Labour Law – Principle of Functional Integrality – Courts must assess the cumulative effect of ownership, control, management, finance, employment unity, and operational interdependence rather than rely on any single factor to determine the status of an establishment or its departments.

1) Res Judicata – Section 11 of the Code of Civil Procedure, 1908 – The doctrine applies equally to quasi-judicial authorities and bars re-litigation of issues directly and substantially in issue in a previous proceeding unless set aside by a higher forum, ensuring finality and preventing multiplicity of litigation.
2) Maharashtra Ownership Flats Act, 1963 – Section 11 – The scope of the competent authority in deemed conveyance proceedings is limited to determining statutory entitlement and does not extend to deciding complex title disputes or collateral issues unless essential to the conveyance decision.

1) Contract Law – Indian Contract Act, 1872, Sections 31, 32, 39, 55 & 63 – Interpretation of contingent contracts and the effect of injunctions as a condition subsequent leading to termination of contract – critical in deciding enforceability of MOU and option to terminate.
2) Arbitration and Conciliation Act, 1996 – Section 34 – Scope of judicial interference in arbitral awards – courts must not interfere with plausible contract interpretations by arbitral tribunal unless decision is perverse or shocks the conscience.