1) When a special or local law does not expressly exclude the Limitation Act, 1963, its provisions, including Section 5 for condonation of delay, apply to appeals and applications under such special laws.

1) Medical fitness determinations by competent medical boards in recruitment proceedings are binding unless proven to be arbitrary or without basis.

1) An Internal Committee can assume jurisdiction only upon receipt of a written complaint within the time frame prescribed under Section 9 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013; it cannot proceed suo motu on an FIR.

1) Pending dues for services rendered by a petitioner to a government department must be paid expeditiously once the claim is admitted and processed.

1) A person working without formal appointment orders and payment does not acquire the right to continue services or claim appointment in the absence of official acceptance.

1) Compassionate appointment can only be claimed when a scheme is in existence and the applicant meets the prescribed conditions; absence of such a scheme excludes entitlement.

1) Procedure for impleading necessary parties in a writ petition upon application and consent of existing parties.

1) Electoral roll copies can be supplied to an applicant not only for himself but also for ancestors if required for legal proceedings, notwithstanding the general provision restricting certified copies to personal entries.

1) The grounds of detention under the Jammu & Kashmir Public Safety Act must contain specific, unequivocal, and unambiguous charges supported by prima facie material to enable effective representation by the detenu.
2) The detaining authority’s subjective satisfaction for preventive detention must be based on material that prima facie substantiates the allegations; otherwise, detention amounts to non-application of mind and violates Article 21 of the Constitution.
3) The power and obligation of the appropriate Government to consider representations against detention orders are independent and must be exercised expeditiously and with due consideration, distinct from the Advisory Board’s functions.

1) Under Section 37 of the NDPS Act, bail cannot be granted unless the public prosecutor is given an opportunity to oppose the bail application and the court is satisfied that there are reasonable grounds to believe the accused is not guilty and unlikely to commit an offence while on bail.
2) Statement of a co-accused made to the police is inadmissible unless recorded properly or leading to discovery of facts, and cannot alone form the basis for charging another accused.
3) Prima facie material connecting the accused to commission of offence, such as ownership of vehicle used in transportation of contraband and call data records establishing conspiracy, justifies framing of charges and refusal of bail.

1) Offences under the Narcotic Drugs and Psychotropic Substances (NDPS) Act require proof of possession or involvement with contraband in commercial quantity for framing charges.
2) Call Data Records (CDRs) can be used as evidence to establish conspiracy or involvement in drug trafficking under the NDPS Act.
3) Section 37 of the NDPS Act imposes a statutory bar on grant of bail where involvement in offences relating to commercial quantity of narcotics is prima facie established.

1) Statements recorded under Section 67 of the NDPS Act by Narcotics Control Bureau officials are inadmissible as evidence in trial as per Supreme Court precedent in Tofan Singh v. State of Tamil Nadu.
2) Section 37 of the NDPS Act bars bail in cases involving commercial quantity of narcotic drugs unless court is satisfied of the accused’s innocence and non-recurrence likelihood.
3) Call Data Records (CDR) evidencing communication between accused persons may not by itself establish guilt without corroborative evidence such as voice recordings.

1) Family pension and other pecuniary benefits received by the heirs are not deductible from compensation under the Motor Vehicles Act as they have no nexus with the loss caused by the accident.
2) In the absence of documentary evidence, the Tribunal is empowered to make a reasonable estimate of the deceased’s income from business for calculating compensation.
3) The compensation under the Motor Vehicles Act is statutory and independent of contractual benefits such as pension, provident fund, or life insurance payable to heirs.

1) A Letter of Acceptance issued by an authority results in a concluded contract upon communication to the bidder.
2) Opening and consideration of financial bids of non-responsive bidders is impermissible and cannot justify cancellation of accepted bids.
3) Administrative actions affecting contractual rights must comply with principles of fairness and natural justice and cannot be arbitrary.

1) The provisions of the Legal Metrology Act, 2009 override any contradictory provisions in other laws, thereby excluding Sections 265 and 266 of the Indian Penal Code for offences related to weights and measures.

1) Vague and general allegations without specification do not meet the requirement for summoning under Sections 504 and 506 of the Indian Penal Code.

1) The application for execution of a decree may be signed by a Power of Attorney holder who is proved to the satisfaction of the Court as being acquainted with the facts, and it does not require the decree-holder's signature.

1) Section 22 of the Hindu Succession Act confers preferential right to acquire property for Class I heirs in cases of intestate succession.
2) The status of the parties as Class I heirs depends on the status of the propositus and nature of joint family property and intestacy.
3) Order XX Rule 14 of the Code of Civil Procedure permits courts to specify a time for deposit of purchase money in preemption suits without necessity of setting aside sale deeds for acquisition of title.

1) Order XII Rule 6 of the Civil Procedure Code, 1908 permits the court to pass judgment on admissions at any stage of the suit without trial if the plaintiff's claim is admitted by the defendant.
2) Article 54 of the Limitation Act, 1963 prescribes a three-year limitation period for suits for specific performance, commencing from the date fixed for performance or when the plaintiff has notice of refusal to perform.
3) Admissions made by a party in earlier proceedings can be relied upon as conclusive proof of the admitted facts in subsequent suits under Order XII Rule 6 CPC.

1) Under Section 8(1) of the MPDA Act, the detaining authority must communicate the grounds of detention and allow representation within five days of detention.
2) A detention order can be validly passed against a person already in custody if the detaining authority records subjective satisfaction that the person is likely to be released on bail and may indulge in prejudicial activity upon release.
3) Non-supply of certain documents relied upon, if not vital to the satisfaction of the detaining authority, does not vitiate the detention order or impair the right to make effective representation.

1) Section 88 of the Maharashtra Cooperative Societies Act, 1960 empowers the Registrar to recover losses caused to a cooperative society by officers, promoters, or persons concerned with its management through a quasi-judicial process, subject to conditions of personal culpability and procedural fairness.
2) The definition of "officer" under Section 2(20) limits liability to persons elected or appointed to offices with management control or authority, excluding ordinary employees without decision-making powers.
3) Rule 72 of the Maharashtra Cooperative Societies Rules, 1961 mandates a detailed, fair procedural framework including clear notice of charges, opportunity to defend, framing of charges, evidence recording, and reasoned findings before imposing liability under Section 88.

1) Section 47(1) of the Person with Disability (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 mandates non-termination and non-reduction in rank of an employee acquiring disability during service, with provisions for suitable alternate posting or supernumerary post until superannuation.
2) The statutory obligation of employers under Section 47 is mandatory and cannot be circumvented by termination on grounds of acquired disability.
3) The principle of "no work no pay" does not apply to employees protected under Section 47(1) of the Act, entitling them to salary and allowances during unlawful termination periods.

1) The grant of bail depends on factors such as nature and gravity of offence, period of custody, recovery of stolen property, antecedents of the accused, and likelihood of tampering with evidence or influencing witnesses.

1) The grant of bail depends on factors including nature and gravity of the offence, antecedents of the accused, quantity of seized contraband, duration of detention, and likelihood of delay in conclusion of the trial.

1) Grant of bail under the Bhartiya Nagrik Suraksha Sanhita, 2023 depends on the nature and gravity of the offence, facts of the case, and whether the accused has offered a plausible explanation for the seized contraband.

1) Grant of regular bail depends on factors such as nature and gravity of the offence, antecedents of the accused, quantity of contraband seized, duration of custody, and likelihood of trial conclusion.

1) Order VII Rule 11 CPC permits rejection of plaint only on the basis of averments in the plaint without considering external evidence.
2) Limitation as a defence is a mixed question of law and fact and generally not to be decided at the stage of Order VII Rule 11 petition unless clearly apparent from the plaint.
3) Under Order VII Rule 11(d), a plaint can be rejected only if it appears from the plaint itself that suit is barred by law, without reference to evidence beyond the plaint.

1) The distinction between civil and criminal writ jurisdiction under Article 226 depends not only on the nature of rights infringed and relief claimed but also on the nature of the powers exercised and proceedings involved.
2) Powers exercised in investigation, inquiry, or trial concerning offences under criminal statutes invoke criminal jurisdiction, mandating that writ petitions arising therefrom be styled as Criminal Writ Petitions.
3) The High Court’s jurisdiction and the nomenclature of writ petitions must conform to the roster assigned by the Chief Justice; any adjudication beyond the assigned jurisdiction is void and a nullity.

1) Preventive detention under the PITNDPS Act, 1988, aims at preventing illicit trafficking of narcotic drugs based on reasonable satisfaction of the authority regarding future conduct of the detainee.
2) Procedural safeguards under Article 22(5) of the Constitution mandate furnishing grounds of detention and enabling effective representation by the detenue.
3) The scope of judicial review of subjective satisfaction of the detaining authority is limited and does not permit substitution by an appellate view if material supports detention.

1) Grounds for entertainment of a review petition under Order XLVII Rule 1 CPC include discovery of new evidence, error apparent on the face of record, and any other sufficient reason ejusdem generis with the former two.
2) The doctrine of merger does not apply to a non-speaking order dismissing Special Leave Petitions (SLPs), and such dismissal does not bar review of the underlying judgment unless the Supreme Court declares law by a reasoned order.
3) Jurisdictional competence of the Arbitrator is limited by terms of contract, and claims contrary to specific contract clauses are beyond the Arbitrator’s jurisdiction and cannot be remitted for adjudication.

1) Section 29 of the Protection of Children from Sexual Offences Act, 2012 raises a rebuttable presumption of culpability against the accused once foundational facts are established.
2) The principle of presumption of innocence under criminal jurisprudence applies notwithstanding the imposition of stringent penal provisions.
3) Bail is a matter of judicial discretion which depends on the prima facie case, gravity of offence, and the interests of justice including the need to avoid unnecessary pre-trial detention.

1) The inherent power of the High Court under Section 482 Cr.P.C can be exercised to quash criminal proceedings even in non-compoundable offences where the parties have settled the dispute, subject to judicial caution.
2) Power under Section 482 Cr.P.C is distinct from the power to compound offences under Section 320 Cr.P.C and should be exercised sparingly to prevent abuse of the judicial process or to serve ends of justice.
3) Criminal cases involving heinous and serious offences affecting society at large, such as murder, rape, dacoity, or offences by public servants or under special statutes like the Prevention of Corruption Act, are generally not quashed on the basis of compromise.

1) Article 22(5) of the Constitution of India mandates that the detenu be supplied with grounds of detention and related documents in a language understood by him.
2) Article 22(4) and established precedents require timely consideration and communication of the detenu’s representation against detention.
3) Preventive detention orders must comply with statutory procedural safeguards, including reference to the Advisory Board and proper communication for validity.

1) Jurisdiction of LCMA under SRO 57 of 1998 and its regulatory authority under the Control of Building Operations Act, 1988.
2) Exclusion of LCMA areas from the jurisdiction of the Panchayati Raj Act authorities as per Government Order dated 01.04.2022.
3) Legal effect and locus-standi regarding challenge to notices/orders issued under Section 7(1) and appeal provisions under Section 7(3) of the J&K Control of Building Operations Act.

1) Unauthorized absence from duty without adequate explanation or approval constitutes grave misconduct justifying dismissal in disciplined forces.

1) A petitioner must have a valid locus standi, i.e., a sufficient legal right, interest, or connection to the subject matter, to maintain a writ petition.

1) Under Section 11 of the Arbitration and Conciliation Act, 1996, the Court has the jurisdiction to appoint an arbitrator when parties fail to appoint one as per their agreement.

1) Bail under Section 439 Cr.P.C. is discretionary and can be granted if the trial is delayed unduly and the accused is in custody for a prolonged period.
2) The quantity of seized contraband and nature of involvement in the offence under NDPS Act are relevant factors in bail considerations.
3) Previous decisions of higher courts, including Supreme Court precedents, are binding and persuasive in determining bail in similar circumstances.

1) Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 (equivalent to Section 439 CrPC, 1973) governs bail in criminal cases.
2) The court may consider the conduct of the complainant and delay in trial for grant of bail.
3) First-time offenders and prolonged incarceration pending trial are relevant considerations in bail applications.

1) Order 22 Rule 4 of the Code of Civil Procedure, 1908 empowers courts to substitute legal representatives of deceased parties in a suit and such power must be exercised judicially.
2) Prayer for substitution under Order 22 Rule 4 CPC inherently includes a prayer for setting aside the abatement of suit caused by death, as affirmed by Supreme Court precedents.
3) Courts should adopt a justice-oriented approach in matters of abatement and substitution to avoid denial of hearing on merits unless there is gross negligence or misconduct by the applicant.

1) Right of adult individuals to marry voluntarily without harassment from family members.
2) Obligation of the police to provide protection in cases of threats to life or harassment post-marriage.
3) Legal precedent under Lata Singh v. State of U.P. and Shakti Vahini v. Union of India mandates state protection in such scenarios.

1) Bail jurisprudence principles emphasizing bail as a rule and jail as an exception in light of custodial period and nature of offences.
2) Provisions under Sections 10 and 11 of the Rajasthan Public Examination (Prevention of Illegal Means) Act, 2024 prescribing punishment for unfair means and organized crime relating to public examinations.

1) Evidence of prosecutrix alone can sustain conviction under Section 376 IPC if found credible and trustworthy without requirement of corroboration.
2) Testimony of related witnesses cannot be discarded merely due to relationship; such witnesses are natural and their evidence must be scrutinized but can be relied upon if found reliable.

1) The power to cancel bail is distinct and can be exercised where the bail order suffers from perversity or is passed without proper consideration of material facts and evidence.
2) Parity in granting bail cannot be mechanically applied without examining the specific overt acts and role of each accused in the offence.

1) Rule 50 of the Rajasthan Civil Services (Pension) Rules, 1996 mandates that voluntary retirement after completion of 15 years’ qualifying service requires notice to and acceptance by the appointing authority, with automatic retirement if no refusal is communicated within the notice period.
2) The State has discretion to refuse voluntary retirement applications in limited circumstances such as suspension, pending disciplinary proceedings, or prosecution, but cannot deny on general administrative grounds or shortage of staff, especially when retirement is sought for contesting elections.

1) At the charge framing stage under Section 227 CrPC, the court’s role is to determine if a prima facie case exists based on available material, not to conduct a detailed or roving inquiry into evidence.
2) The existence of strong suspicion, unexplained by the accused, is sufficient for framing charges and proceeding to trial; lack of conclusive proof at this stage is not fatal.

1) Section 147 of the Negotiable Instruments Act, 1881 declares all offences under the Act to be compoundable.
2) The Supreme Court’s guidelines regarding compounding under Section 138 N.I. Act include staged imposition of costs depending upon the timing of the compounding application in the trial process.

1) The law on bail under Section 439 Cr.P.C. requires consideration of the nature of allegations, delay in FIR, and evidence available at the pre-trial stage.
2) Pre-conviction punishment is not permissible; bail is a preventive measure and continued incarceration without necessity is unwarranted.

1) Section 177 Cr.P.C. mandates that the inquiry and trial of an offence shall ordinarily be conducted by a Court within whose local jurisdiction the offence was committed.
2) The procedure of search and seizure under the NDPS Act requires that the seizure memo be prepared at the place of recovery in the presence of independent witnesses to maintain evidentiary sanctity and procedural correctness.

1) Sections 42 and 50 of the NDPS Act mandate procedural safeguards relating to prior intimation to superior officers before search and valid notice before personal search, which are mandatory and any non-compliance vitiates the recovery.
2) Principles governing pre-trial detention and bail under Section 439 Cr.P.C. require consideration of procedural compliance, antecedents of accused, and likelihood of trial completion.

1) Section 12 of the Juvenile Justice Act, 2015 mandates bail for juveniles accused of bailable or non-bailable offences unless there are reasonable grounds to believe that release would expose the juvenile to moral, physical, or psychological danger or defeat the ends of justice.
2) The Juvenile Justice Board must record reasons for denying bail, focusing on protection of the juvenile and public interest rather than the gravity of the offence alone.

1) The quality and credibility of eyewitness testimony is paramount in criminal conviction and can outweigh quantity.
2) Suppression or alteration of the genesis and place of incident in prosecution evidence mandates benefit of doubt to the accused.
3) Contradictions in material particulars and absence of corroborative evidence weaken prosecution case fatally.

1) Section 106 of the Patents Act, 1970 provides a remedy against groundless threats of patent infringement and constitutes an independent cause of action distinct from patent infringement suits under Sections 104 and 108.
2) The doctrine of forum convenience and avoidance of multiplicity of proceedings supports the transfer of suits involving substantially overlapping facts and issues to a single forum for judicial efficiency.
3) Territorial jurisdiction under Section 20 of the Code of Civil Procedure confers jurisdiction based on cause of action arising within the territorial limits, including acts such as purchase and delivery of the infringing product.

1) Rule 12 permits maintenance of a wait list of “reasonable dimension” correlated to existing and anticipated vacancies for Class IV posts.
2) Appointments from the wait list to subsequent vacancies arising within the recruitment year or the immediately succeeding year are permissible.
3) Termination of such appointments made in accordance with Rule 12 on the ground of alleged excess appointments beyond advertised vacancies is unjustified if the rule and relevant notification permit increase or decrease in vacancies.

1) The principle of equality under Articles 14 and 16 of the Constitution does not compel identical service conditions for dissimilar categories of employees performing qualitatively different work.
2) Retirement age and pay scales are service conditions that can be differentiated based on the nature of qualifications, duties, and responsibilities associated with the medical system practiced.
3) Classification for service conditions must have a reasonable nexus with the objective sought to be achieved, such as addressing the shortage of qualified and experienced practitioners in critical medical fields.

1) Section 304 Part-II, IPC, deals with culpable homicide not amounting to murder where the accused has knowledge that the act is likely to cause death but without intention to cause death.
2) The sentencing court must balance societal interests, proportionality, and the circumstances of the accused when determining an appropriate sentence in serious offences.
3) Premature release under the remission policy is a separate consideration and does not affect the sentence imposed by the court.

1) The Transgender Persons (Protection of Rights) Act, 2019 and 2020 Rules impose positive obligations on the State and private establishments to prevent discrimination and provide reasonable accommodation to transgender persons in employment and education.
2) Fundamental rights under Articles 14, 15, 17, 19, and 21 have horizontal application through the 2019 Act, extending against both state and non-state actors to prohibit discrimination based on gender identity.
3) The Supreme Court has jurisdiction under Article 32 to award compensation for violation of fundamental rights, including for discrimination by private parties amenable to writ jurisdiction, where no other adequate remedy exists.

1) Section 37(1) of the Income Tax Act, 1961 allows deduction of expenses wholly and exclusively for the purpose of business or profession.
2) Section 32(2) permits carry forward of unabsorbed depreciation if the business continues during the relevant year.
3) A temporary lull or discontinuance in business does not amount to cessation if there is intention and acts indicative of carrying on business.

1) Delay in lodging the FIR raises significant doubts regarding the veracity of the prosecution case and may lead to embellishment and concocted narratives.

1) A certificate issued under Section 38(E) of the Hyderabad Tenancy and Agricultural Lands Act, 1950 is a formal declaration of ownership in favor of a protected tenant and does not amount to a decision or order appealable under Section 90 of the Act.
2) Fraud vitiates all judicial acts and a judgment or order obtained by fraud is a nullity and can be challenged at any time, but allegations of fraud must be pleaded with full particulars and proved.
3) The exercise of writ jurisdiction by a High Court is generally discretionary and is ordinarily not entertained where efficacious alternate remedies are available, except in cases of illegality, violation of natural justice, or lack of jurisdiction.

1) Section 6 of the Specific Relief Act, 1963 provides a summary remedy for recovery of possession of immovable property by a person illegally dispossessed without regard to title.
2) The concept of settled possession requires the possessor to have effective, undisturbed, and known possession with animus possidendi; mere permissive use or agency does not amount to possession.
3) Even a trespasser in settled possession is entitled to protect possession and cannot be evicted without due legal process.

1) Section 73A of the Maharashtra Public Trust Act, 1950 permits a person having interest in a public trust to be joined as a party to proceedings under the Act.
2) The term "person having interest" under Section 2(10) of the Act is inclusive and encompasses trustees or beneficiaries, but beneficiaries are strictly limited to those entitled to benefits under the trust’s objects.
3) The Charity Commissioner’s sanction for borrowing by trustees under Section 36A(3) is subject to the protection of the trust’s interests, and intervention must be by persons genuinely interested in the trust’s affairs rather than merely disputants over management rights.

1) The duty of a litigant under Article 226 of the Constitution to make full and frank disclosure of all material facts, including those adverse to their case.
2) The principle that suppression, misrepresentation, or concealment of material facts amounts to abuse of the Court’s process and disentitles the petitioner to equitable relief.
3) The Court’s inherent power to dismiss proceedings when a party attempts to mislead or play “hide and seek” with the Court through false or incomplete pleadings.

1) Sub-Section (7) of Section 7 of the Payment of Gratuity Act, 1972 prescribes a limitation period of 60 days for filing appeal, with power to condone delay for a further 60 days only, thus limiting total extension to 120 days.
2) The Controlling Authority is obliged under Rule 11(4)(a) of Payment of Gratuity Rules to provide a copy of findings to parties but not a certified copy, which must be obtained by formal application as per Rule 18A.
3) Time taken before application for certified copy cannot be excluded in limitation computation under Section 12(2) of the Limitation Act, and failure to promptly apply for certified copy precludes exclusion of that period.

1) Section 276C(2) of the Income Tax Act criminalizes willful attempt to evade payment of tax, requiring a stricter interpretation distinguishing willful evasion from mere failure or delay in payment.
2) The difference in legal consequences between failure to deduct/credit tax under Section 276B and willful evasion of payment under Section 276C is significant, with the latter requiring proof of intentional conduct.
3) Prosecution under penal tax provisions must meet stringent requirements of alleging and proving willfulness; mere delayed payment, especially supported by financial difficulties, may not suffice to sustain prosecution.

1) The Explanation clause to a statutory provision is clarificatory and does not enlarge or restrict the scope of the main section.
2) The term "just cause" in Section 263 of the Indian Succession Act must be construed liberally to enable courts to revoke probate in diverse factual circumstances beyond those enumerated in explanations (a) to (e).
3) Judicial precedent supporting a restrictive interpretation of Section 263 (e.g., George Anthony Harris v. Millicent Spencer and Sharad Shankarrao Mane v. Ashabai Shripati Mane) is overruled in favor of a broader, purposive interpretation.

1) Grant of bail in cases involving large-scale cyber fraud and organized crime depends on the gravity of offence, role of accused, and nature of the investigation.

1) Grant of anticipatory bail depends on the nature of accusations, material evidence on record, the role of the accused, and cooperation during investigation.

1) Delay and laches in filing writ petitions relating to promotion and seniority in service matters constitute a valid ground for dismissal to prevent disturbance of administrative hierarchy and clogging of court dockets.

1) The court’s discretion to condone delay under the Limitation Act must be exercised judiciously based on a bona fide and sufficient cause, and absence of negligence or inaction, and government departments are under a special obligation to act diligently without expecting undue leniency for delay.

1) Under the Railways Act, 1989, production of a passenger ticket is not an essential requirement to establish that the deceased was a bona-fide passenger.
2) Evidence such as fardbeyan, inquest report, and post-mortem reports can cumulatively establish accidental death due to fall from running train.
3) Lack of eyewitness testimony does not preclude grant of compensation if the evidence adduced remains unrebutted and consistent with accidental death.

1) Explanation for delay in filing beyond limitation must show “sufficient cause” which excludes negligence, laches, or lack of bona fide.
2) The law of limitation applies equally to government bodies, who cannot claim extended periods or exemption from limitation without plausible reasons.
3) Condonation of delay is a discretionary relief and not a matter of right, to be granted only when substantial justice demands and sufficient cause is satisfactorily demonstrated.

1) Section 304B IPC defines dowry death and prescribes punishment where a woman dies within seven years of marriage due to cruelty or harassment related to dowry demand.
2) Section 113B of the Evidence Act provides a rebuttable presumption that the husband or relative caused dowry death if cruelty or harassment for dowry demand is shown soon before death.
3) The phrase “soon before her death” is a relative term requiring proximate and live link between cruelty or harassment and death, as established by case law including Satbir Singh v. State of Haryana.

1) Right of private defence under Sections 96 to 106 IPC requires reasonable and imminent apprehension of death or grievous hurt and proportionate use of force.
2) The testimony of an injured eyewitness is entitled to greater evidentiary value unless discredited by strong contrary evidence.
3) Criminal antecedents of a witness do not automatically discredit their testimony if presence at the occurrence is natural and corroborated by other evidence.

1) The concept of “Public Order” as distinct from “Law and Order” and its application in preventive detention cases under the Jammu and Kashmir Public Safety Act, 1978.
2) The requirement under Article 22(5) of the Constitution of India and Section 13 of the Jammu and Kashmir Public Safety Act, 1978 to communicate the grounds of detention and the right to make representation effectively to the detenu.
3) The principle that inclusion of irrelevant or vague grounds in detention orders vitiates the order and that preventive detention cannot substitute for ordinary criminal law procedures.

1) The burden of proof in criminal cases lies on the prosecution to establish guilt beyond reasonable doubt.
2) In cases with conflicting evidence and plausible alternative hypotheses, the benefit of doubt favors the accused.
3) Hearsay evidence and inconsistent statements cannot form a sole basis for conviction without corroboration.

1) The age of the prosecutrix is a critical factor in determining the applicability of charges under Sections 363 and 376 IPC.
2) The presence or absence of kidnapping is determinative in the charge under Section 363 IPC.
3) Consensual sexual intercourse coupled with proof of marriage negates the charge of rape under Section 376 IPC.

1) An insurance company cannot repudiate a claim solely on breach of ancillary policy conditions if such breach did not contribute to the accident.
2) The principle of settlement on a non-standard basis, i.e., payment of up to 75% of the admissible claim, applies where breach of policy conditions including "limitation as to use" occurs but is not fundamental.
3) Fundamental breaches of the insurance policy that directly or indirectly contribute to the accident absolve the insurer from liability to indemnify.

1) The compensation for requisitioned land under J&K RAIP Act must be assessed based on fair market value considering existing geographical situation, existing use, proximity to roads and development, and market value of adjacent lands.
2) The Belting System is a recognized method for determining market value for large chunks of land acquired in segments when parcels vary in location and frontage.
3) Interest is not ordinarily payable under the J&K RAIP Act on compensation; awarding interest at an excessive rate goes beyond jurisdiction and can be moderated or set aside.

1) Preventive detention orders must be supported by fresh and proximate grounds distinct from any previously quashed detention.
2) Detention based solely on past conduct that led to earlier detention quashed by court amounts to non-application of mind and invalid detention.
3) Grounds of detention must be specific, relevant, and not vague or stale, ensuring conformity with principles of natural justice and constitutional safeguards.

1) Section 21 of the National Investigation Agency Act, 2008 prescribes the limitation period for filing appeals against orders passed by the Special Designated Courts.
2) The second proviso to Section 21(5) of the NIA Act provides for condonation of delay beyond 90 days at the discretion of the High Court if sufficient cause is shown.
3) When the Government is a litigant, bureaucratic delays and routing of files through various departments can constitute sufficient cause for condoning delay in filing appeals.

1) Courts must exercise caution and leniency in cancellation of bail, particularly where the accused’s non-appearance is not a clear or repeated violation of bail conditions.

1) When a deduction is made inadvertently and without knowledge of a court order, the concerned authority is obligated to restore the amount upon direction of the court.

1) The Apex Court’s suo motu orders under Section 19 of the Family Courts Act, 1984, extended limitation periods during COVID-19 pandemic from 15.03.2020 to 28.02.2022.
2) Where limitation expired between 15.03.2020 to 28.02.2022, a unified 90 days limitation from 01.03.2022 applies unless the balance period of limitation was longer.
3) Ex parte decrees passed during the COVID limitation extension period require consideration for reopening or remand to ensure fairness under the extended limitation framework.

1) Post-retirement recovery of amounts paid to employees on account of erroneous pay fixation is impermissible unless there is proof of fraud, cheating, or misrepresentation by the employee.
2) The employer bears the onus to establish any wrongdoing by the employee before initiating recovery of payments made in excess.
3) Judgments in State of Punjab v. Rafiq Masih and Syed Abdul Qadir v. State of Bihar establish precedent against post-retirement recovery on pay fixation errors without misconduct.

1) Recovery of excess payments made due to erroneous pay fixation from retired employees is impermissible unless fraud, cheating, or misrepresentation is established.
2) Post-retirement recovery of amounts paid on pay fixation errors is barred by settled Supreme Court precedents.
3) Interest on wrongly recovered amounts is payable to the employee only for three years prior to filing the recovery challenge petition.

1) Recovery of excess payment made due to pay fixation errors requires presence of fraud, misrepresentation, or cheating by the recipient.
2) Undertaking submitted by an employee is relevant only for the period it covers and not beyond.
3) Precedent judgments (e.g., State of Punjab vs. Rafiq Masih) establish that absent fraud or misrepresentation, recovery of excess payment is not justified.

1) Repeated involvement of an accused in similar and grievous offences may justify refusal of bail on the basis of habitual offending.
2) Parity of bail granted to co-accused does not automatically entitle other accused with criminal antecedents to the same relief.

1) Section 389 Cr.P.C. empowers the Court to suspend sentence during pendency of an appeal under certain circumstances.
2) The Court may consider factors such as strength of the appeal, presence of substantial backlog, and interest of justice before granting suspension of sentence.

1) Bail under criminal law is granted considering totality of facts including severity of offence, evidence on record, antecedents, and length of detention.
2) Previous rejections of bail do not preclude grant of bail if subsequent material justifies reconsideration.

1) The criteria for grant of bail in criminal cases where investigation is complete and the accused is no longer required for investigation.
2) The distinction between civil disputes and criminal offenses when parties involved have entered into business agreements and resort to criminal prosecution alleging cheating and breach of trust.

1) The principle that bail is the rule and pre-conviction detention is the exception under criminal jurisprudence, founded on the presumption of innocence until proven guilty.
2) An accused’s right to a speedier trial and protection of fundamental rights cannot be indefinitely sacrificed by prolonged detention without trial conclusion.

1) Bail considerations after filing of charge-sheet depend on the nature and gravity of allegations, involvement of accused, and further requirement of their custody for investigation or trial.
2) Compromise between complainant and some accused and absence of criminal antecedents of petitioners are material factors in deciding grant of bail.

1) Transfer of government servants is a prerogative of the State subject to judicial review only where mala fide, violation of statutory rules, or infraction of principles occurs.
2) Executive instructions and transfer policies providing special preferences are advisory and do not confer any enforceable right to an employee holding a transferable post.

1) Section 166 of the Motor Vehicles Act, 1988 empowers claimants to seek compensation for injury and death caused by motor vehicle accidents.
2) Assessment and enhancement of compensation includes consideration of medical expenses, loss of income, permanent disability, and other heads such as transportation and attendant charges.

1) An agreement to sell immovable property does not transfer any interest or title and is not a conveyance under Section 54 of the Transfer of Property Act, 1882.
2) Matruka property includes all property left behind by a deceased Muslim, both movable and immovable, and is distributable as per Muslim inheritance laws and applicable statutory provisions.
3) In Muslim law, distribution of inheritance follows clear prescribed shares among sharers, residuaries, and distant kindred, with the wife entitled to one-fourth share if no child is left behind.

1) The jurisdiction and exclusivity of the State Administrative Tribunal established under the Administrative Tribunals Act, 1985 over recruitment and service matters of State government employees.
2) Principles governing maintainability of writ petitions under Article 226 of the Constitution when an alternative effective statutory remedy exists before a specialized tribunal.
3) Exceptions to the rule of alternative remedy include enforcement of fundamental rights, violation of natural justice, orders wholly without jurisdiction, or challenge to the vires of the parent legislation.

1) The power of High Courts under Articles 226 and 32 of the Constitution to direct CBI investigation must be exercised sparingly, cautiously, and only upon sufficient prima facie material disclosing commission of offences.
2) Directions for CBI enquiry cannot be issued in a routine manner or merely on vague doubts or allegations without concrete foundation or prayer for such investigation.
3) Recruitment-related controversies do not ordinarily warrant CBI investigation unless the allegations are so severe that the State police investigation would be ineffectual and public faith in the justice system is at stake.

1) The court may allow filing of additional documents if they are necessary for adjudication of the matter and proper amendment is made in the appeal papers.