Preventive Detention -- Grounds of detention must be provided in a language the detenu understands -- Oral explanations do not suffice.

Unlawful Assembly and Common Object -- Unlawful assembly with a common object makes all participants liable for murder, even if they did not inflict fatal blows.

Section 34 IPC – Common Intention -- Court upheld Section 34 IPC liability, holding that accused nos.2 and 3 shared a common intention with accused no.1.

Civil Law -- Application of Order XXXIX Rule 2A CPC -- A party can be punished for contempt if there is a willful disobedience of an undertaking or court order.

Retiral Benefits -- Benefit of Statutory Interpretation -- Court emphasized that if an employee does not exercise the option (as was the case with the appellant), the law clearly mandates that he should be included in the default scheme -- Dismissing his claim on this basis is contrary to the express terms of the statute and the Office Order.

Condonation of Delay -- Revisional Jurisdiction and Concessions -- Once a lower court’s order has been made as a compromise or concession (e.g., granting extra time to comply), a party generally cannot retract that concession on appeal unless fraud or misrepresentation is proven.

Continuity of Employment Rights -- New 2022 Rules do not override or nullify the “initial constitution” rights conferred under the 1992 Rules -- Employees already working on an ad hoc basis (such as the respondent physiotherapists) retain their right to be considered part of the “initial constituents” of SAI.

Enforceability of a Security Deposit Claim -- A security deposit refund obligation arises only if the tenant (respondent complainant) vacates the premises as agreed -- If the tenant continues to occupy the property without paying rent or maintenance, the landlord (appellant accused) is entitled to deduct those outstanding amounts from the security deposit.

Bail Considerations in Serious Offences -- In assessing bail, factors such as the nature and severity of the crime, the accused’s role, prior criminal records, and the potential risk of tampering with evidence or witnesses must be considered.

"Factory" under Section 2(m) and "Manufacturing Process" under Section 2(k) of the Factories Act, 1948 -- Act defines a factory as any premises where a manufacturing process is carried on with or without the aid of power, provided certain conditions (such as employment of a specified number of workers) are met.

Child Custody -- Best Interests of the Child (Welfare Doctrine) -- In custody disputes involving vulnerable persons, the court’s paramount duty is to determine what arrangement best serves the child's overall welfare considering stability, education, health care, social integration, and emotional bonds.

Legal Principle in Motor Vehicle Cases -- Compensation under the Motor Vehicles Act is designed to be just and fair by adopting a relaxed evidentiary standard. Once the occurrence of an accident is established, the tribunal’s task is to award compensation based on fairness, not to conduct a mini-trial.

Limitation Period under Consumer Law -- Under Section 24 A of the Consumer Protection Act, 1986, a consumer complaint must generally be filed within two years from the date the cause of action arises -- However, the Act also allows for condonation of delays if there is a valid reason.

Scope of Section 439 CrPC -- High Court’s power under Section 439 of the CrPC is strictly limited to decisions on bail pending trial -- It does not extend to detailed reappreciation of evidence or the award of compensatory relief.

Bail -- Benefit of Doubt Principle -- When evidence is contradictory or fails to conclusively link the accused to the crime, the benefit of doubt must be granted to the accused.

Motor Accident -- Burden of Proof in Negligence Cases -- In fatal accident cases, liability must be established by reliable, corroborated evidence showing who was driving. Mere allegations or inconsistent witness accounts are insufficient.

Conviction -- Proof Beyond Reasonable Doubt -- Conviction in a murder case requires that all evidence, especially eyewitness testimony, be reliable and corroborated by independent evidence.

Criminal Law -- Revisional Jurisdiction under CrPC -- High Court’s power to revise orders is governed by Sections 397 and 401 of the CrPC, which empower it to call for records, suspend orders, and review decisions made by lower courts.

Civil Law -- Impleadment of Necessary Parties -- When there is a dispute over title, it is proper to implead all relevant legal heirs (even if one party was initially substituted as the plaintiff). Excluding any necessary party can undermine the judicial fact-finding process.

Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971, the Slum Rehabilitation Authority (SRA) is empowered to order eviction and redevelopment of slum areas -- Sections 33 and 38 of the Act grant the Competent Authority the power to issue eviction orders when occupants do not vacate within the stipulated period.

Transfer of Property Act, 1882 -- Title in immovable property transfers only by sale, mortgage, exchange, or gift through a registered conveyance deed not by a mere relinquishment or an agreement to sell.

Property Law -- GPA is general in nature and does not secure any proprietary interest, and thus is revocable (especially upon the death of the original owner) -- An agreement to sell does not operate as a deed of conveyance, so it does not transfer title.

Anticipatory bail applicable to GST, customs law even in absence of FIR -- Under the Customs Act and GST Acts, only those offences specified in particular clauses (with defined monetary thresholds) are cognizable and non bailable; all others are non cognizable and bailable.

Prosecution of a Public Servant -- Mandatory Sanction Requirement -- Under Section 197 CrPC, a public servant may only be prosecuted for acts committed in the discharge of official duty if the prosecution obtains prior sanction from the competent authority.

Service Law -- Extraordinary Leave and Service Regularization -- When an employee’s extended unauthorized absence is regularized as extraordinary leave under applicable service rules, that period should not be treated as a break in service for pension purposes.

Insurance Law -- Duty of Disclosure & Materiality -- Insured is required to disclose all "material facts" in the proposal form -- "Material" means all important, essential, and relevant information that would affect a prudent insurer’s decision to accept the risk and set the premium.

Micro, Small and Medium Enterprises Development Act -- Statutory Mandate for MSE Procurement -- Policy mandates that Central Ministries, Departments, and Public Sector Undertakings must procure at least 25% of their goods and services from MSEs.

Conviction -- Knowledge and Possession under Section 411 IPC -- To secure a conviction for receiving stolen property under Section 411 of the IPC, the prosecution must establish not only that the accused was in possession of the property but also that he had knowledge (or reason to believe) that the property was stolen -- Mere possession, without clear evidence of such knowledge, is insufficient for a conviction.

Land Acquisition Act -- Lapse of Reservation -- Legislative scheme is designed to prevent indefinite reservation of land for public purposes -- If the authorities fail to acquire the land within the prescribed time limits, the reservation ceases to exist, thereby protecting the landowner's right to use and develop the property.

Civil Law -- Eviction -- Impact of Prior Compromise -- An earlier compromise or partial eviction order does not preclude the landlord from initiating fresh eviction proceedings if a new and distinct bona fide need arises.

Evidence Act -- Competence of Child Witnesses -- A child is considered a competent witness if, under Section 118 of the Evidence Act, they can understand the questions and give rational answers.

Criminal Law -- Significance of Motive in Circumstantial Cases -- In cases based solely on circumstantial evidence, establishing a clear motive is crucial to completing the chain of evidence -- Absence of any identifiable motive weighs in favor of the accused and can undermine the prosecution’s case.

Timeliness in Legal Proceedings -- Courts strictly enforce timely filings -- The adage “Courts do not come to the rescue of those who sleep over their rights” underscores that delay can be fatal to claims.

Forgery and Document Tampering -- Legal analysis centers on whether the appellant, by issuing and then altering the airline ticket, committed forgery -- Manipulation of the flight coupon (changing an infant ticket into an adult ticket) is critical to establishing the offence.

Admission -- Overbroad Reliance on Quantified Disability -- Court held that disqualifying a candidate solely based on a benchmark (e.g., “both hands intact”) without a thorough functional assessment is overbroad and violates constitutional principles -- Mere quantification of disability does not automatically render a candidate ineligible to pursue an MBBS course.

Service Law -- Recruitment -- Courts should not interfere in recruitment decisions unless the decision is patently illegal, arbitrary, or perverse -- Determining equivalence of qualifications is primarily the prerogative of the recruiting authority, not the courts.

Constitution of India – PIL -- Courts cannot rewrite contractual terms between the government and a private entity under a Public Interest Litigation (PIL) unless there is fraud, misrepresentation, or violation of public policy.

IBC -- High Courts cannot intervene in personal insolvency cases before NCLT adjudicates under Section 100 -- Resolution Professional's role under IBC is non-adjudicatory; NCLT makes the final decision -- NCLT proceedings must continue uninterrupted unless exceptional circumstances justify intervention.

Supreme Court Rules, 2013 (Order IV, Rule 7 & 10) – AORs are responsible for all statements made in the petitions they file -- AORs cannot blindly sign & submit petitions drafted by others -- Mere name-lending by AORs is professional misconduct.

Prevention of Corruption Act -- A second FIR is permissible if it discloses a larger conspiracy or distinct facts -- Prior sanction under the Prevention of Corruption Act is not required at the FIR stage -- Corruption cases involving systemic issues warrant a broader investigation, and quashing FIRs at the outset may hinder justice.

Freedom of press -- Mandatory Inquiry Under Section 202 Cr.P.C. -- Summons cannot be issued against persons residing outside jurisdiction without conducting a proper inquiry -- Neutral reporting of ongoing controversies does not amount to defamation unless there is clear intent to harm reputation.

Criminal Law -- Section 437(6) Cr.P.C. does not guarantee bail automatically if trial exceeds 60 days; courts have discretion based on case facts -- Delays in economic offence trials due to voluminous evidence can justify bail unless there is a risk of absconding or tampering with evidence.

Criminal Law -- Remission of sentences -- Government has discretion in remission but must act fairly and transparently -- If a policy exists, convicts need not apply for remission, it must be automatic.

Punjab Value Added Tax Act -- Government Cannot Reduce ITC Retrospectively Without Legal Backing -- Delegated Legislation (Rules) Cannot Override Parent Act.

Promissory Estoppel -- Government Cannot Be Bound by Unauthorized Actions -- No Indefeasible Right Arises from an Illegal Grant -- Promissory Estoppel Does Not Apply to Ultra Vires Acts.

Payment of Gratuity Act -- No Need for Criminal Conviction for Gratuity Forfeiture -- Employers can forfeit gratuity under Section 4(6)(b)(ii) if the misconduct amounts to an offence involving moral turpitude.

Compensation -- Insurance Company Cannot Avoid Interest Liability -- Since the Insurance Company did not challenge the compensation order, it is bound to pay the interest -- Insurer cannot recover the interest amount from the employer once liability is fixed.

Hindu Marriage Act -- Once a lump sum permanent alimony is granted, no further maintenance claims can be entertained -- No Parallel Maintenance Proceedings After Full & Final Settlement -- Family Court cannot reopen maintenance disputes once the Supreme Court has settled them.

Civil Law -- Res Judicata bars relitigation of an issue already decided, even if a third party files the suit -- Representative suits must be filed by parties with a genuine legal interest, not just public-spirited individuals -- Forfeiture of land must be proven with conclusive revenue records.

Bombay Stamp Act -- Stamp duty applies to instruments, not transactions -- An agreement to sell is a conveyance if possession is transferred or agreed to be transferred -- Existing possession as a tenant does not exclude stamp duty liability.

Indian Contract Act -- Public Authorities Must Act Pragmatically: Courts will intervene if Government agencies take an overly rigid legalistic approach when common sense solutions are available.

Income Tax Act -- Penalty under Section 271AAA is not automatic -- Assessing Officer must prove undisclosed income -- All three conditions under Section 271AAA(2) must be met for relief from penalty.

Criminal Law -- Conviction -- Circumstantial evidence must form a complete chain leading to guilt -- "Last seen together" evidence must be proven beyond doubt to sustain conviction -- Evasive replies alone are insufficient to prove guilt.

Prevention of Money Laundering Act -- PMLA imposes strict bail conditions under Section 45, requiring the accused to prove innocence -- Statements recorded under Section 50 PMLA are admissible, and Article 20(3) does not provide immunity.

Criminal law in matrimonial disputes -- False FIRs in matrimonial disputes must be carefully scrutinized -- Delay in filing FIR raises serious doubts about its credibility -- Omnibus allegations against entire families cannot be sustained.

Criminal Law -- Penal laws must not be used to settle private disputes -- Gangsters Act should only be invoked in genuine cases of organized crime, and not in ordinary civil or financial disputes.

Service Law -- Strict compliance with statutory eligibility criteria is mandatory in public appointments -- Judicial review is justified when legal malice (failure to follow statutory rules) is evident -- Public employment must be free from arbitrariness to uphold constitutional principles of fairness and equality.

Central Sales Tax Act -- Tax exemptions granted under prior laws remain valid unless expressly revoked -- Finance Act, 2002 applied prospectively and could not alter past benefits.

Habeas Corpus -- Statements Made in Court Are Not Grounds for Defamation -- Courts must ascertain the truth, and such inquiries often involve questions that may be uncomfortable but are necessary.

Constitution of India -- Right to travel abroad is an integral part of personal liberty under Article 21 -- Family background cannot be the sole reason for denying a passport -- Government must provide concrete evidence to restrict a person’s constitutional rights.

Habeas Corpus Petition Challenging Preventive Detention -- Preventive detention is an extraordinary measure and cannot be used as a substitute for prosecution -- Public order concerns must be real, not speculative, to justify detention under the PSA -- Failure to provide procedural safeguards under Article 22(5) can lead to quashing of a detention order.

Criminal Law -- Prosecution must prove that the victim was a minor through reliable documentary evidence -- Ossification test alone is not conclusive proof of age -- If a girl willingly travels with the accused and makes no attempt to escape, it weakens the kidnapping charge.

Dowry Death -- To convict under Section 304B IPC, demand for dowry must be proved with reliable evidence -- Mere allegations of dowry harassment are insufficient if not supported by independent evidence.

Compensation -- Income Tax Returns should be considered for income assessment in accident claims -- Compensation must follow the Pranay Sethi principles – future prospects and deductions.

Service Law -- Recruitment advertisements must be transparent, specifying vacancies and reservation details -- Arbitrary changes in selection processes (e.g., adding interviews) render recruitment illegal.

Motor Accident -- Compensation -- Medical Board’s findings cannot be ignored arbitrarily by courts -- 100% disability = full loss of future earnings + enhanced compensation for pain & suffering -- Future prospects must be factored into loss of income calculations.

Motor Vehicles Act, 1988 -- Compensation -- Notional income of a student cannot be equated to an unskilled worker's wages -- Future prospects (40%) must be added to young accident victims’ loss of income calculations.

Criminal Law -- Medical evidence must decisively confirm homicide before conviction -- Section 106 of the Evidence Act cannot be used to shift the burden unless a prima facie case is proven.

Arbitration and Conciliation Act, 1996 -- Oral financial guarantees can be enforced in arbitration if they relate to stock market transactions -- Stock exchange bye-laws have broad arbitration clauses covering "incidental" disputes.

Criminal Law -- Circumstantial evidence must establish guilt conclusively -- Weak or incomplete chains of evidence cannot be used to convict an accused -- Motive alone is not enough; there must be strong, corroborative evidence.

Guardian and Wards Act, 1890 -- Child Custody -- Supreme Court prioritized the father's legal right as the natural guardian while ensuring a gradual transition for the child’s well-being -- Remarriage is not a disqualifying factor for custody.

Criminal Law -- No Prima Facie Case: If the allegations, even if taken at face value, do not constitute an offence -- Non-Disclosure of Cognizable Offence: If the FIR and evidence do not justify a police investigation.

Constitutional Safeguards in Arrest Procedures -- Article 22(1) of the Constitution of India -- No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest.

Motor Accident -- Compensation -- Determination of Future Prospects in Motor Accident Claims -- For salaried persons, future prospects must be added to ensure adequate compensation for loss of future income.

Motor accident claims -- Determination of Compensation Based on Minimum Wages -- When no direct proof of income is available, the minimum wages notification under the Minimum Wages Act can be used as a guiding factor.

Criminal Law -- Circumstantial evidence must be conclusive and exclude all other possibilities before convicting an accused.

Motor Vehicles Act, 1988 -- Insurance claims cannot be repudiated on technical or frivolous grounds when the insured vehicle was operating within the terms of its permit.

Income Tax Act, 1961 -- Tax prosecution occurs immediately after the due date, not when a belated return is filed -- Belated filing is not "voluntary disclosure" under compounding rules.

Civil Law -- High Courts have limited power under Article 227 and cannot reappreciate facts unless findings are perverse -- Civil courts cannot decide land demarcation disputes, which fall within Revenue Court jurisdiction -- Ex parte and irrelevant reports cannot be relied upon to grant interim relief.

Prevention of Corruption Act, 2006 -- Acquittal in Corruption Case -- Mere recovery of bribe money is not enough for conviction -- Demand and voluntary acceptance of bribe must be proven beyond a reasonable doubt -- High Court cannot interfere unless the trial court's findings are perverse.

Motor Vehicles Act -- Legislatures have the power to repeal laws if they fall within their legislative domain -- Administrative efficiency is a valid justification for delegating routine functions within statutory limits.

Conviction -- Dock identification is unreliable without prior TIP, especially when conducted after a long gap -- Suspicion alone cannot replace proof – courts must be cautious when identifying accused based solely on post-event recognition.

Criminal Law -- Extra-judicial confession alone is insufficient for conviction – it must be voluntary, reliable, and corroborated -- Material omissions and contradictions in police statements (Section 161 CrPC) weaken the prosecution case.

Prevention of Corruption Act, 1988 -- Departmental inquiries & criminal trials are independent -- Acquittal on benefit of doubt does not prevent disciplinary action -- Non-examination of the complainant is not fatal in disciplinary cases.

Civil Law -- Fair compensation -- Landowners whose land was acquired under NHAI Act (1997-2015) are entitled to solatium (30%) & interest -- Financial burden is NOT a valid ground to deny compensation.

Contract Act -- Unfair and one-sided forfeiture clauses in real estate agreements are not enforceable -- Developers cannot forfeit more than 10% of BSP as earnest money in case of cancellation by buyers -- Buyers who cancel voluntarily due to market conditions are not entitled to interest on refunds.

Rights of Persons with Disabilities Act, 2016 -- All Persons with Disabilities (PwD) must be given equal exam accommodations – Not just PwBD (40% or more disabled).

Dowry Death -- Presumption under Section 113-B requires proof of cruelty soon before death—mere dowry demands are insufficient -- Moral conviction cannot replace legal proof in dowry death cases.

Service Law -- Temporary employees cannot be arbitrarily denied benefits if their appointment follows due process and is against sanctioned posts -- Non-constitution of a Screening Committee by the State cannot be a ground to deny benefits.

Reinstatement and Regularization of Daily-Wage Workers in Municipal Corporations -- Workers engaged in long-term municipal duties under direct supervision cannot be dismissed arbitrarily -- A mere "ban on fresh recruitment" does not justify exploitation of daily-wage employees.

Arbitration and Conciliation Act, 1996 -- Limitation of liability clauses in government contracts are enforceable if agreed upon -- If a contractor accepts time extensions without reserving claims, they are estopped from later claiming damages.

Hindu Marriage Act -- False financial disclosure by the husband does not absolve him of alimony obligations -- One-time alimony avoids prolonged legal disputes over maintenance.

Criminal Law – Rape -- Marital rape is not an offence in India unless the wife is below 18 years of age (Exception 2 to Section 375 IPC) -- False allegations after a consensual marriage can be grounds for quashing an FIR under Section 482 CrPC.

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act -- "Public view" requirement is a crucial element under Sections 3(1)(r) & 3(1)(s) of the SC-ST Act -- If the incident occurs in a private place, the offence is not made out.

Criminal Law -- Summoning an accused is a serious matter and requires application of mind -- Orders issuing process must reflect due consideration of facts and law -- A non-speaking summoning order is invalid and can be quashed.

Service Law -- Recruitment -- State Governments cannot relax teacher qualifications unilaterally;only the Central Government has this power under Section 23(2) of the RTE Act -- CTET/STET holders are NOT automatically eligible for State Government school jobs unless the State decides NOT to conduct its own TET.

Drugs and Cosmetics Act -- Definition of ‘Manufacture’ under the Drugs and Cosmetics Act is broad and includes repackaging -- If both the seller and buyer hold a valid Form 25 manufacturing license, a Form 20B wholesale license is not required.

Wrongful Confinement (Section 343 IPC) -- To prove wrongful confinement, two elements must be satisfied:

1. Voluntary restraint of a person.

2. Prevention from proceeding beyond circumscribed limits.

If an alternative exit is available, wrongful confinement is not made out.

Limitation Act, 1963 -- Condonation of Delay -- Delay in filing an appeal can be condoned if the party demonstrates sufficient cause for not approaching the court within the prescribed time -- Mere inaction, negligence, or lack of diligence does not constitute sufficient cause -- The burden is on the applicant to justify the delay.