Dishonour of Cheque -- Once signature on the cheque is admitted, there is a statutory presumption that the cheque was issued for a legally enforceable debt or liability -- This presumption can only be rebutted by the accused with probable evidence, not mere denial.

Criminal Law -- Cheating Requires Dishonest Intention at Inception -- Mere breach of contract or non-payment of dues later does not automatically amount to cheating.

Arbitration Act -- Strict Construction of Interest-Bar Clauses -- Under the Arbitration Act, 1940, arbitrators can grant interest unless expressly prohibited by specific contractual language -- General clauses barring “interest at any time” are not sufficient to oust arbitrator's power.

Service Law -- Parity in appointments -- A candidate cannot be treated differently if persons with lesser qualifications or service have been appointed under similar circumstances.

Constitution of India -- Judicial review under Article 226 does not extend to rewriting or altering contractual obligations unless arbitrariness is shown.

Protection under Judges (Protection) Act, 1985 -- A quasi-judicial officer (e.g., Tehsildar) enjoys protection under the JPA 1985 for actions done in judicial or quasi-judicial capacity -- Mere error or incorrect decision does not amount to misconduct unless it involves extraneous considerations, dishonesty, or corrupt motives.

Applicability of Res Judicata -- A decision by a quasi-judicial authority (such as the District Deputy Registrar under MOFA) attains finality if not challenged in appeal or writ -- A second application, raising the same issues without complying with directions in the first decision, is barred by res judicata.

Land Acquisition -- Change of Land Use (CLU) is a Statutory Prerequisite for Valid Development -- Under the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963, landowners in a "controlled area" must obtain a CLU certificate to use the land for non-agricultural purposes such as industrial/commercial use.

Judicial Review of Academic Qualifications -- Court reiterated that qualifications set by expert/statutory bodies like AICTE are not to be interfered with unless arbitrary or ultra vires -- Judiciary should defer to educational authorities in matters of academic and technical qualifications.

Civil Law -- Section 34 CPC applies where there is no agreement or statutory provision for interest -- Court has discretion to award interest: Pre-suit interest, Pendente lite interest (from suit to decree) & Post-decree interest (from decree to payment) -- However, compound interest or monthly rests are not permissible under Section 34 CPC unless contractually agreed.

Rajasthan Electricity Regulatory Commission (RERC) has jurisdiction to regulate intra-state aspects of open access, even when power is sourced from outside the state -- Inter-state transmission falls under the Central Electricity Regulatory Commission (CERC) (per Section 79(1)(c)), but once power is delivered within a state’s intra-state grid, RERC can regulate its distribution.

Criminal Law -- Section 319 CrPC -- Empowers court to summon a person not charge-sheeted if trial evidence suggests complicity -- Can be invoked even on the basis of examination-in-chief, no need to await cross-examination.

Service Law -- Dismissal -- Approval of charge-sheet by the appointing authority is not mandatory unless the rules specifically require it -- Article 311 only bars dismissal/removal by a subordinate authority, not initiation of proceedings.

Criminal Law -- Speech or poetry must be judged using the standard of a reasonable, courageous person, not of the overly sensitive -- Freedom of expression includes dissent, protest, and artistic expression, even if unpopular.

Customs law -- Classification Must Follow Tariff Rules – “Most Akin” Test -- Rule 4 of the General Rules for Interpretation of the First Schedule to the Customs Tariff Act, 1975 is crucial.

Criminal Law -- Medical evidence overriding oral evidence is crucial when cause of death is disputed -- Benefit of doubt remains a core principle in criminal jurisprudence when the case isn’t proved beyond reasonable doubt.

Eviction under Senior Citizens Act is not automatic, even if property is self-acquired -- Maintenance is the primary remedy, and eviction must be justified as necessary and expedient.

Land Acquisition -- LARR Act, 2013 prioritizes objective computation of market value using circle rates or average sales, not subjective deductions -- Theory of deduction is discretionary, not mandatory applies only if Collector finds the statutory method yields inaccurate value.

Insolvency and Bankruptcy Code -- Resolution Plans under IBC are binding on all stakeholders, including Central/State Governments -- Failure to file claims during CIRP leads to extinguishment of dues even statutory ones.

Contempt of Courts Act -- Judicial Discretion in Contempt -- Contempt jurisdiction is discretionary and exercised to uphold the majesty of law, not to enforce personal grievances where compliance is already made.

Service Law -- Administrative Lapse Cannot Penalize Pensioner -- Employees or pensioners should not suffer for official omissions or calculation errors -- If excess pension is paid due to employer’s mistake, recovery is not permissible from the pensioner.

Consumer Protection -- Homebuyers cannot be compelled to take delayed possession and are entitled to refund with fair interest.

Negotiable Instruments Act -- Section 139 presumption is rebuttable, and procedural compliance is critical -- Misuse of security cheques and failure to disclose prior transactions can be fatal to prosecution.

Criminal Law -- Section 482 CrPC should not be used to circumvent Section 397(3) once a revision has been decided -- At the stage of framing charges or deciding discharge, courts must see if a prima facie case exists, not whether a conviction is likely.

Anticipatory Bail in SC/ST Act Cases -- Bar on anticipatory bail under the SC/ST Act is not absolute -- If no prima facie case is made out, bail can be granted (Prathvi Raj Chauhan case).

Consumer Protection -- Tripartite agreements (Bank-Builder-Borrower) must be honored by all parties to avoid disputes -- Bank’s discretion in loan recall must align with RBI guidelines and should not lead to unfair trade practices.

Civil Law -- A Will executed after a court auction sale has no effect on the sold property -- A person without legal title cannot transfer property through sale deeds.

Land Acquisition – Compensation -- Annual price escalation (5% in this case) can be applied for determining land value as of the acquisition date -- Evidence of income from trees is crucial for claiming additional compensation.

Criminal Law -- Lack of premeditation and sudden provocation can reduce a murder charge (Section 302 IPC) to culpable homicide (Section 304 IPC) -- If an accused acts in the heat of the moment due to provocation, they may be entitled to a reduced sentence under Section 304 Part I IPC.

Motor Accident -- Holding a learner’s license does not automatically mean negligence -- Negligence must be proven, not assumed based on circumstances -- If contributory negligence is not pleaded in defense, it cannot be introduced later.

Service Law -- Transfers in public interest and transfers at an employee’s request are distinct and have different consequences for seniority -- An employee requesting cadre change must accept being placed below all existing employees in the new cadre.

Determination of consent in sexual relationships -- A mere failure to marry does not automatically lead to a rape charge unless there was a false promise inducing consent -- Consent must be assessed based on the complainant’s actions and statements as a whole.

Conviction -- Concurrent findings of guilt by lower courts are difficult to overturn unless strong contrary evidence is presented -- Courts can intervene if the State wrongly applies a harsher remission policy to a convict.

Judicial Power -- High Courts cannot order a CBI investigation in a bail application unless exceptional circumstances exist -- Jurisdiction in bail matters ends once bail is granted or denied; courts cannot pass unrelated directions.

Transfer of Property Act -- A registered gift deed with acceptance cannot be revoked unilaterally -- Retention of life interest does not change the nature of the gift -- Subsequent sale based on an invalid cancellation deed is legally unenforceable.

Criminal Law -- Arrest at the scene of a riot does not automatically prove guilt -- Courts must distinguish between bystanders and participants in mob violence -- Benefit of doubt must go to the accused where specific roles are not proved.

Limitation Act -- Delay can be condoned even if considerable, provided -- No prejudice or third-party rights affected -- Public interest or land involved is significant -- Some cause, though not ideal, is plausible -- Sufficient cause is a flexible concept, but cannot be stretched to justify negligence.

Conviction -- Relatives’ testimonies are admissible if found trustworthy -- Sudden fights, even causing death, can attract Exception IV to Section 300 IPC -- Nature of weapon, absence of premeditation, and conduct during assault are key indicators to distinguish murder from culpable homicide.

Transfer of Proceedings under Article 227 – Discretion of Court -- Threat Perception as Ground for Transfer -- Security concerns or threat perception of a party can be a valid ground for seeking transfer of proceedings.

Criminal Law – Conviction -- Standard of Proof in Criminal Cases Remains ‘Beyond Reasonable Doubt’ -- A high standard of proof must be maintained, especially in serious offences involving terrorism and conspiracy.

Service Law – Eligibility -- Higher Qualification Cannot Be a Disqualification -- A candidate cannot be disqualified merely for possessing a higher qualification than what is prescribed, unless expressly stated.

Pension Law -- Pension Is Not a Charity, It Is a Right -- Pension is a statutory and enforceable right, not a bounty -- Employees who serve under government-regulated schemes are entitled to pension if service conditions are governed by government rules.

Land Acquisition Act, 1894 -- Vesting of Acquired Land under Section 16, Land Acquisition Act, 1894 -- Once possession of acquired land is taken, it vests absolutely in the Government free from all encumbrances -- After vesting, the Government cannot withdraw from acquisition under Section 48 of the Act.

Motor Vehicles Act, 1988 – Compensation -- Multiplier should be applied based on the age of the deceased, not assumptions based on societal norms -- Future prospects must be added to income calculations for non-earning spouses -- Compensation should follow established precedents rather than arbitrary calculations.

Advocates Act -- Supreme Court Rules override informal practices – only authorized and arguing advocates will be marked in appearances -- Regulating legal practice ensures accountability – misuse of court records for professional benefits will not be tolerated.

Civil Law -- In a suit seeking cancellation of sale deed and recovery of possession, the burden lies on the plaintiff to establish ownership/title over the suit property through clear and cogent evidence -- Mere allegations of fraudulent sale or khata mutation do not suffice unless the plaintiff establishes lawful title.

Admission -- Educational eligibility norms must be followed, but courts must consider equitable relief where the student has acted in good faith -- Subsequent compliance with eligibility conditions can cure initial ineligibility if no fraudulent intent exists.

Service Law -- Employees promoted under a diploma quota can later opt for the degree quota for further promotions if they already held a degree before promotion -- Rule 4(b) of Special Rules, 1960 applies only after appointment as Assistant Engineer, not before.

Motor Accident – Compensation -- Direct Transfer of Compensation to Claimants' Bank Accounts -- Instead of depositing in court, insurance companies must transfer the amount directly to the claimant’s verified bank account -- Tribunals should collect bank details during proceedings to enable smooth disbursement -- Ensures faster compensation, prevents middlemen exploitation, and avoids delays.

Criminal Law -- A child’s silence due to trauma is not an indication of false prosecution -- Medical evidence can independently establish sexual assault -- Circumstantial evidence is valid if it forms a complete chain of events.

Arbitration and Conciliation Act -- Indian Courts Have Jurisdiction in International Arbitration When Indian Law is Chosen – Despite the arbitration being conducted in Bogota, Indian courts retained jurisdiction due to Clause 16.5 explicitly granting jurisdiction to Gujarat courts.

Service Law -- Actual service rendered cannot be denied remuneration merely due to later discovery of irregularity in appointment.

IBC -- Moratorium Under IBC Protects Directors in Certain Situations – If the offence under Section 138 NI Act arises after the imposition of moratorium, the director cannot be held liable.

Criminal Law -- No Absolute Right to a Preliminary Inquiry Before FIR Registration – Courts have held that where a cognizable offence is clearly disclosed (e.g., corruption, abuse of office), police must register an FIR without prior inquiry.

Auroville Foundation Act -- Governing Board Has Supreme Authority Over Auroville’s Administration – A.F. Act grants full control over Auroville to the Governing Board, including issuing Standing Orders and forming committees.

National Green Tribunal Act -- Jurisdiction of NGT is limited to issues arising from Schedule I laws -- Environmental Clearance (EC) is not retroactive -- Projects predating EIA 2006 do not require fresh clearance -- NGT cannot interfere in town planning matters unless there is a specific environmental violation

Money Laundering is a Continuing Offence – As long as illicit proceeds are possessed, transferred, or concealed, PMLA applies, regardless of when the predicate offence occurred -- No Retrospective Application – PMLA is not being applied retrospectively, but to continuing illicit transactions.

Service Law -- Contractual employment does not create a right to permanent service or extension -- Government has discretion in terminating contracts once the temporary need ends.

Prevention of Corruption Act -- Bribery charges require clear proof of demand and acceptance -- Chemical tests alone do not prove guilt – corroborative evidence of demand and acceptance is required -- Courts will not apply the presumption under Section 20 unless demand is first established beyond reasonable doubt.

IPC and POCSO Act can be applied together when punishment under IPC is stricter -- High Court cannot enhance punishment in an appeal by the accused unless the prosecution also appeals -- Victim compensation is an essential part of justice in sexual assault cases.

Civil Law -- High Court cannot interfere with factual findings in a Second Appeal unless there is a substantial question of law -- An injunction suit is maintainable if the plaintiff has clear title and possession, even if the title is disputed by the defendants.

Transfer of property -- Auction Sales in Liquidation Do Not Create New Rights – If a company holds defective title or no title, the auction purchaser cannot claim better rights than the company had.

Criminal Law -- Negligence under Section 304A IPC must involve a proximate, direct act causing death due to reckless indifference not mere workplace accidents -- Lower courts must carefully distinguish between Sections 304 Part II (knowledge-based homicide) and 304A (negligence-based death).

Service Law -- No vested right to appointment exists for selected candidates unless the process is complete and approved -- Governments can cancel a recruitment process if it is tainted by serious irregularities.

Examination Fraud Case -- Cancellation of Bail -- Granting bail in serious fraud cases must consider the societal impact -- Public faith in examinations must be protected against corruption.

Conviction -- Testimony of the prosecutrix alone can be sufficient for conviction if credible -- Absence of injuries does not negate rape, as victims may be overpowered -- Delay in FIR is not fatal if satisfactorily explained.

Judicial review in electoral matters is limited but permissible when election irregularities are evident -- Recount can be ordered when election fairness is in doubt, even if the margin of victory is greater than the disputed votes.

Preventive detention cannot be used to bypass the judicial bail process without examining the effectiveness of bail conditions -- Mere reference to a past conviction (NDPS Act) does not invalidate a COFEPOSA detention order unless it forms a ground for detention.

Adverse Possession Doctrine -- High Court cannot interfere in factual findings unless there is a substantial question of law, and permissive possession does not amount to adverse possession.

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.

Criminal Law – Abetment to Suicide -- For abetment to suicide, there must be a direct provocation or instigation close to the time of suicide -- A delayed and questionable suicide note without corroborative evidence is insufficient to convict someone under Section 306 IPC.

Right to Marry is a Fundamental Right (Article 19 & 21) -- Two consenting adults have the absolute right to choose their life partners -- Family, community, or religious groups cannot interfere with their decision -- State has a duty to protect such couples from violence, honour crimes, or coercion.

Right to Regularization of Daily Wagers (SRO 64 of 1994) -- Employees engaged as Daily Wagers before the enactment of SRO 64 of 1994 are entitled to regularization after completing seven years of continuous service -- Department cannot deny regularization solely on the ground that the employees were initially engaged as Casual Labourers.

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.

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.

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.

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.

Criminal Law -- Acquittal -- An appeal cannot be dismissed summarily without calling for trial records and properly evaluating evidence -- Eyewitness testimonies and forensic reports are crucial in criminal cases and must be fully examined.

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.

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.