Service Law — Pension — Compulsory Retirement Pension — Interpretation of Regulation 33 — When an authority reduces the pension of an employee compulsorily retired as a penalty under Regulation 33 of the Central Bank of India Pension Regulations, prior consultation with the Board of Directors is mandatory, regardless of whether such authority is exercising original, appellate, or review powers — Clause (1) and Clause (2) of Regulation 33 must be read conjointly to ensure employee safeguards are not defeated by administrative classifications of authority.

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act — Unregistered tenancies must be substantiated by rent receipts or official documentation to claim protection under SARFAESI.

Recovery of Penalty and Interest – SEBI Act, 1992 and Income Tax Act, 1961 – Interest on penalties imposed by SEBI is recoverable under Section 28A of the SEBI Act, 1992 read with Section 220(2) of the Income Tax Act, 1961, at the rate of 1% per month (12% per annum), upon failure to pay within the time specified in the adjudication order, irrespective of whether the original adjudication order mentions interest.

Service Tax Exemption -- Clarificatory Notifications -- Notifications that clarify existing exemptions can be relied upon in pending proceedings, even if not retrospective.

Motor Accident Claims -- Credibility of Eyewitness Testimony -- Testimony of an eyewitness who was present at the scene (even if related to the victim) carries significant evidentiary weight and cannot be brushed aside merely due to delay or absence of corroboration, especially when delay is reasonably explained.

Madhya Pradesh Entry Tax Act, 1976 -- A manufacturer who initiates the movement of goods into a local area for sale, even via a government warehouse, “causes to effect” entry under Section 2(3) of the M.P. Entry Tax Act and is liable to pay entry tax.

Motor Accident Claims -- No negligence need be proved under Section 163A of the MV Act—claims are based on structured formula, not fault -- Compensation under Section 163A must strictly follow the Second Schedule, and lump sum grants are impermissible.

Tenancy Law -- A Communidade cannot unilaterally enter into a compromise affecting tenancy rights without permission under Article 154(3) of the Code.

Contract Law – Indian Partnership Act -- A partnership does not automatically dissolve on the death of a partner where the partnership deed provides for continuation with surviving partners.

Criminal Law -- A corporate entity that suffers injury due to IPR infringement qualifies as a “victim” under Section 2(wa) CrPC.

Criminal Law -- Pendency of a civil suit does not bar criminal prosecution if prima facie ingredients of cheating or conspiracy are made out.

National Green Tribunal Act, 2010 -- Environmental clearance for petrol pump establishment -- Suppression of parallel litigation amounts to abuse of process and invites dismissal with costs.

Civil Law -- Decree Execution -- Equitable settlement can override strict decree execution where substantial compliance has occurred and continued litigation causes undue hardship.

Civil Law -- Res judicata cannot be decided under Order VII Rule 11 CPC where the plaintiff is not a party to the earlier suit and pleads fraud or collusion.

Arbitration and Conciliation Act -- Failure to act upon valid invocation of arbitration clause empowers the Court under Section 11(6) -- Even in absence of a formal reply, consent at hearing can suffice for appointment.

Companies Act --- Demand Promissory Note as Admission of Debt -- Execution of a demand promissory note constitutes clear admission of liability -- Disputes raised after execution (especially at the stage of reply to winding-up petition) are not treated as bonafide unless substantiated.

Income Tax Act --- Scope of Assessing Officer under Section 115JA -- Assessing Officer’s (AO) jurisdiction is limited to verifying whether the profit and loss account is prepared as per Parts II and III of Schedule VI of the Companies Act and making adjustments only as per clauses (a) to (g) of the Explanation to Section 115JA.

Jammu and Kashmir Public Safety Act -- Preventive Detention -- Outcome of FIRs must be considered before relying on them for preventive detention -- Translated copies and complete material must be supplied for valid representation under Article 22(5).

Protection of Women from Domestic Violence Act -- Second petition under DV Act is not automatically barred if the first ended in a compromise -- DV proceedings are quasi-civil/quasi-criminal, and not bound by rigid procedural bars applicable to criminal trials.

Central Goods and Services Tax Act -- Right to Transitional Credit Is a Vested Statutory Right -- Section 140 of the Central Goods and Services Tax Act, 2017 (CGST Act) permits carry forward of eligible CENVAT credit from the pre-GST regime to the GST regime.

Criminal Law -- Bail -- Post-charge-sheet bail is permissible under general criminal law, even in PC Act cases -- Economic offences, while serious, do not bar bail under the PC Act if investigation is complete.

Pension -- Sympathetic Interpretation of Welfare Schemes -- Freedom Fighters' Pension Schemes are beneficial social welfare schemes, and must be interpreted liberally and sympathetically.

Preventive detention must not be used as a tool for punishment or administrative convenience, especially when the grounds are not current or specific -- Article 22(5) of the Constitution: Requires that the detenue be informed of the grounds and be given an opportunity to make a representation.

Registration Act, 1908 -- Section 23 – General Limitation Period -- Documents must be presented for registration within four months from the date of execution.

Service Law -- Presumption of Regularity in Official Records -- Official records produced by competent authorities are presumed to be accurate unless convincingly disproved by the challenger.

Civil Law -- Amendments Must Stay Within Court’s Permission -- Under Order VI Rule 18 CPC, amendments to a plaint must conform strictly to the scope permitted by the Court -- Any alterations beyond what was authorized e.g., adding new claims, new defendants, or fresh reliefs are void and liable to be struck off.

Constitutional Law -- Non application of Mind by Detaining Authority -- It is mandatory for the detaining authority to consciously and reflectively assess all relevant factors before issuing a detention order -- Omission of important facts such as the detenue being on bail is a classic indicator of non-application of mind and renders the order invalid.

Arbitration and Conciliation Act -- Scope of Section 17 -- Interim measures under Section 17 can include directions to deposit money and make disclosures, provided the order is based on a prima facie assessment and is not perverse -- Courts reviewing such orders under Section 37(2)(b) must only interfere if the view taken by the Tribunal is implausible or contrary to law.

Income Tax Act -- Purpose Test Determines Nature of Subsidy -- Object or purpose of the subsidy/incentive determines whether it is a capital receipt (non-taxable) or revenue receipt (taxable)—not the form, source, or timing of its disbursement.

Passport Rules, 1980 -- Single Parent Can Apply for Minor’s Passport -- Under Annexure-C of Rules, a single parent (either due to divorce, separation, or out-of-wedlock birth) can apply for a minor child’s passport with a proper affidavit -- No mandatory requirement to mention both parents’ names in the application or on the passport.

Bharatiya Nyaya Sanhita -- Civil Dispute with Criminal Allegations Requires Scrutiny of Possession and Pending Litigation -- Where civil suits regarding ownership or possession are sub judice, and there is an existing order recognizing prima facie possession with the accused, allegations of theft, trespass, or criminal intimidation must be carefully scrutinized.

Constitution of India -- Judicial Review of Policy Decisions -- The choice of site for setting up a public memorial falls within the executive domain and is not subject to judicial interference unless it infringes fundamental rights.

Maharashtra Village Panchayat Act, 1959 -- Use of False Caste Validity Certificate is Fraud -- Submission of a fabricated caste validity certificate to contest a reserved post amounts to fraud, and such fraud vitiates the election, even if discovered after election results are declared.

Civil Law -- Order 33 CPC (J&K Code) – Requirements for Pleading Indigency Must Be Strictly Complied With -- A person seeking leave to sue as an indigent must state all necessary particulars/averments supporting indigency. Failure to do so renders the application defective and should not be mechanically accepted by the trial court.

Criminal Law -- Benefit of Doubt & Presumption of Innocence -- Criminal conviction requires proof beyond reasonable doubt -- Where material contradictions exist on occurrence, recovery, medical evidence the accused must benefit from doubt.

Protection of Women from Domestic Violence Act -- Proceedings under Section 12 of the D.V. Act are Civil in Nature -- Applications under Section 12 are not strictly criminal proceedings; they are civil in nature though governed by a summary procedure -- Hence, criminal procedure safeguards do not strictly apply.

Right to Marry a Person of One’s Choice is a Fundamental Right -- A person who has attained the age of majority is legally entitled to marry whomsoever they wish, and such marriage if lawful cannot be opposed merely on social, religious, or familial grounds.

Courier Imports And Exports (Clearance) Regulations -- Obligation under Regulation 13(a) -- Authorization Requirement -- An authorised courier must obtain valid authorization from the actual consignee/consignor for each consignment. Submitting a fabricated or outdated document or relying on a third-party intermediary violates Regulation 13(a).

Maharashtra Tenancy and Agricultural Lands Act -- Finality of Section 88C Certificate Limits Landlord’s Claim -- Once a certificate under Section 88C is granted only for a part of the land (3/8th share), and that order becomes final, the balance land (5/8th share) reverts to the tenant, who becomes deemed purchaser under Section 32.

Under Section 127 of the MRTP Act, once a landowner serves a valid purchase notice and no steps are taken for acquisition within 24 months, the reservation automatically lapses and the land becomes available for development by the owner.

Consumer Forum cannot impose payment conditions while granting bail unless action is under Section 27 of the Act.

Vague and General Allegations Do Not Attract Section 498-A IPC -- Mere sweeping or generalized allegations without specific instances of cruelty or harassment do not constitute a prima facie offence under Section 498-A IPC.

Criminal Law -- Long Custody without Trial Progress Justifies Bail -- When the accused has been in custody for a considerable period (over a year), and the trial is unlikely to conclude soon, bail may be granted despite the seriousness of the charge.

Foreign Exchange Regulation Act, 1973 -- RBI permission mandatory for Indian citizens residing abroad before transacting in Indian securities.

Property Law -- A State instrumentality floating a tender for property sale cannot terminate the transaction arbitrarily after accepting full consideration, particularly when the responsibility to obtain regulatory approvals lies on it.

Fundamental rights of advocates — Lawyers, while performing their duties, enjoy protection under Article 19(1)(g) of the Constitution — Summoning them without judicial oversight may infringe on their fundamental right to practice freely and independently.

Government Reward Scheme Must Be Implemented Fairly -- If the Government formulates a reward scheme for informants who aid in tax recovery, such a scheme must be implemented fairly and transparently -- Delaying or denying payment without valid reasons undermines public trust and discourages whistleblowing.

Arbitration and Conciliation Act -- Limited Scope of Judicial Review under Section 34 -- Courts cannot reappreciate evidence or substitute their view for that of the Arbitral Tribunal unless the award is perverse, patently illegal, or against the fundamental policy of Indian law.

Bail — Voluntary monetary undertakings during bail hearings cannot later be retracted to claim illegality or coercion..

Multiple FIRs on Same Cause of Action Can Be Consolidated -- No Cognizance of New FIRs for Same Allegations Once Under Judicial Scrutiny.

SC/ST Validity and Verification Rules -- Claim to SC status by children of inter-caste marriages (upper caste father, SC mother) must be substantiated by evidence of caste-based discrimination, social humiliation, or economic and educational disadvantage.

Article 54 Limitation Act – Date Fixed for Performance Triggers Limitation -- Where the date for performance of the contract is fixed in the agreement, limitation under Article 54 of the Limitation Act, 1963, begins from that fixed date—not from subsequent conduct or refusal—unless an express extension is provided.

2005 amendment to Section 6 of the Hindu Succession Act does not apply retrospectively to invalidate alienations made prior to 20.12.2004.

Tender Law -- Constructive res judicata does not apply where liberty was granted by Court to file fresh documents and seek reconsideration on specific grounds.

Consolidation of Work Orders in Same Financial Year is Permissible – When the tender allows consolidation of certificates from different agencies within the same financial year, multiple work orders issued by the same authority in that year can be aggregated to meet eligibility criteria.

Criminal Law -- Mere mention in a suicide note without proximate instigation does not constitute abetment under Section 306 IPC -- To attract Section 306 IPC, there must be active or proximate instigation or aid, which must be proved.

Rape -- Testimony of mother of child-victim can be sole basis for conviction if credible, natural, and consistent.

Civil Law -- Additional Evidence – Order XLI Rule 27 CPC -- Additional evidence cannot be introduced at the appellate stage to make up for failure to file pleadings or lead evidence at the trial stage; such applications are not meant to cure negligence or allow parties to start a de novo trial.

Civil Law -- Presumption of Joint Family Property -- If it is proved that there existed a joint family nucleus at the time of acquisition, the presumption is that the property is joint family property. The burden shifts to the person claiming it as self-acquired to prove that it was acquired from his own independent funds.

Arbitration — Scope of Judicial Interference — Award of Statutory Solatium — Courts under Sections 34/37 Arbitration Act cannot modify arbitral awards to add solatium if it was not part of original reference or award.

Narco Tests -- While the need for modern investigative techniques may be true, such investigative techniques cannot be conducted at the cost of constitutional guarantees under Articles 20(3) and 21 of COI.

Narco-Analysis Test — Permissibility, Scope & Constitutional Validity — Results of voluntary narco-analysis cannot form sole basis of conviction; only subsequent discoveries under Section 27 Evidence Act are admissible.

Right to Housing, Environmental Protection, and Slum Redevelopment — Maharashtra Slum Act protections and rehabilitation GRs do not apply to reserved forests, mangrove buffer zones, or CRZ areas under Section 3Z-6.

Preventive detention is an extraordinary power curtailing liberty, to be used sparingly and with strict safeguards -- Distinction between law and order and public order must be clearly established -- preventive detention cannot substitute remedy of bail cancellation.

Levy of penalty charges — Section 66 of Railways Act, empowers Railways to levy penalty for mis-declaration of goods — No statutory requirement that such charges be imposed only before delivery.

While exercising power under Section 482 CrPC, the High Court cannot conduct a mini-trial or rely on defence materials -- Determining intention or ultimate merits is not the Court’s function at the FIR quashing stage -- Allegations raising arguable suspicion of fraud or misappropriation should proceed to trial unless clearly groundless.

Section 387 IPC punishes preparatory acts — Putting a person in fear of death/grievous hurt — in the course of committing extortion; delivery of property is not essential -- Penal statutes must be strictly construed, but where the statutory language is clear (Section 387, IPC), no artificial ingredient should be read in -- High Court’s powers under Section 482 CrPC should be exercised sparingly; quashing is impermissible where complaint discloses prima facie ingredients

Section 386(b)(iii) CrPC — While hearing an appeal from conviction, appellate court can alter sentence but not so as to enhance it — Enhancement of sentence in such an appeal is impermissible unless appeal/revision is filed by State/victim.

Section 473 CrPC Not Applicable When Complaint Timely Filed: If complaint is filed within limitation period, there is no occasion to invoke Section 473 CrPC for condonation of delay — Sessions Court erred in invoking Section 473 CrPC in this case.

Industrial Disputes — Deemed permission under Section 25-O(3) of ID Act is triggered if no valid order is communicated by appropriate Government within 60 days — Procedural compliance is mandatory.

In circumstantial evidence cases, prosecution must establish a complete chain of circumstances consistent only with guilt; gaps or alternate hypotheses defeat conviction. [Paras 16-17]

Medical evidence (PW-9) regarding bullet trajectory must be analyzed fully; inconclusive cause of death and upward bullet path supported defence theory of accidental firing. [Paras 17-20]

In circumstantial evidence cases, absence of motive weighs in favour of accused [Paras 23-25]

Interest awarded under consumer law constitutes compensation for deprivation of use of invested funds and not reimbursement of loan liabilities.

Section 48(e) of the Maharashtra Co-operative Societies Act renders unauthorized alienation void only at the instance of the Co-operative Society

Administrative Law — Allotment and Cancellation of Public Land — Contractual Terms Govern Allotment and Possession — Possession of industrial land can validly be made conditional upon execution and registration of the lease deed. The public authority is not at fault if the allottee fails to fulfil these preconditions.

Public Trust Doctrine does not mandate mechanical restoration of defunct natural resources if an ecologically beneficial public transformation has occurred.

1. In circumstantial evidence cases, the prosecution must prove a complete chain of circumstances consistent only with guilt.

2. Last seen theory remains valid even with a time gap if corroborated by forensic evidence and conduct of accused.

3. Recovery of weapon and forensic linkage can strengthen the prosecution case when read with last seen evidence.

4. Abscondence and misleading conduct can support inference of guilt but cannot substitute primary proof.

5. Where recovery of stolen property is not conclusively proved, benefit of doubt must go to the accused on that charge.