1) Order XXXVII Rule 3 of the CPC governs the procedure for instituting summary suits and obtaining leave to defend.
2) Leave to defend must be sought by the defendant via affidavit disclosing a genuine and substantial defence before filing any reply or defence in a summary suit.
3) The Court’s discretion to allow or refuse leave to defend protects the distinction between ordinary suits and summary suits and preserves procedural safeguards.

1) Section 29 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 applies provisions of the Income Tax Act, 1961 and related Rules to recovery proceedings and sales.
2) Rule 53 of the Second Schedule to the Income Tax Act, 1961 mandates that the proclamation of sale must disclose all material facts affecting the property’s nature and value, including encumbrances.
3) The principle of restitution prevents unjust enrichment and entitles an innocent auction purchaser to refund when a sale is set aside due to illegality by prior parties.

1) Interpretation of power purchase agreements to determine allocation and declaration of power availability between contracting parties.
2) Entitlement to reimbursement of fixed charges versus compensation for diverted electricity under contractual framework and preceding judicial orders.
3) Determination of methodology for computing diversion amounts and compensation (hourly vs. half-hourly basis) consistent with contractual terms and subsequent accepted modifications.

1) Section 37 of the Provincial Insolvency Act, 1920, validates all sales, dispositions, and payments duly made by the Court or receiver even upon annulment of adjudication but property vests back to the debtor subject to such validation.
2) The appellate court must give due regard to the trial court’s factual findings, especially on issues of credibility and fabrication of documents, and can reverse only if the trial court’s decision is based on material irregularity or inadmissible evidence.
3) Annulment of insolvency wipes out the effect of insolvency retrospectively but does not nullify judicial orders or transactions concluded during insolvency, subject to their bona fide character and finality.

1) Sections 118 and 139 of the Negotiable Instruments Act, 1881 create rebuttable presumptions that a cheque is drawn for consideration and received for discharge of legally enforceable debt or liability.
2) Burden shifts to accused to rebut presumption by adducing evidence, failing which inference of debt stands; complainant need not prove financial capacity unless rebuttal is raised.
3) Breach of Section 269SS of Income Tax Act does not affect enforceability of debt under NI Act or rebut the presumptions under Sections 118 and 139.

1) Applicability of Assam Government Aided Junior College Management Rules, 2001 versus Assam Secondary Education (Provincialisation) Service Rules, 2003 to appointments in aided colleges.
2) Legal effect of condonation of over-age by the competent government authority in recruitment under aided institution rules.
3) Distinction between appointments in aided institutions governed by different statutory schemes and the impact on service conditions and age limits.

1) Motor Vehicles Act provisions for compensation include consideration of future prospects based on age and income of the deceased.
2) Compensation for loss of consortium is payable to each claimant individually and is subject to periodic increment.
3) Quantum of damages in motor accident claims must be re-assessed in light of evidentiary material and authoritative Supreme Court precedents.

1) The issuance of process under Section 138 N.I. Act requires the presence of a legally recoverable debt or liability on the date of dishonour of the cheque.
2) The learned Magistrate must apply judicial mind and form an opinion on the existence of a prima facie case and legally recoverable debt before issuing process under Section 138.
3) The power to issue process under Section 138 is a wide discretion that must be exercised judiciously and not as mere formality or mechanical act.

1) Compensation for land acquisition should be based on fair market value determined primarily through comparable genuine sale instances proximate in time and location.
2) Size, location, quality, and benefits attached to the land are critical factors in valuing compensation and necessitate adjustment of sale prices if significant differences exist.
3) The Arms Chair Rule can be applied for valuation when comparable sale instances involve smaller plots or when other factors reduce the value for the acquired land.

1) Under the Consumer Protection Act, 1986, compensation for deficiency in service requires proof of actual loss or injury caused to the consumer.
2) Interest awarded for delay in possession in real estate contracts must be reasonable and determined based on factual circumstances rather than strictly applying parity with interest rates charged to buyers on late payments.
3) One-sided clauses in builder-buyer agreements are subject to judicial moderation to prevent unfair advantage and ensure equitable compensation.

1) Section 35 of the Advocates Act, 1961 mandates that a State Bar Council must have reason to believe a professional misconduct before referring a complaint to the Disciplinary Committee.
2) Mere identification of the deponent or party in legal documents by an advocate does not amount to professional misconduct under Section 35.
3) An advocate can be subjected to disciplinary proceedings only if there is a jural relationship or professional engagement with the complainant.

1) Section 31(7)(a) of the Arbitration and Conciliation Act, 1996 confers discretion upon the arbitral tribunal to include interest in the sum awarded for the pre-award period, subject to any agreement between the parties.
2) Section 31(7)(b) mandates post-award interest at 18% per annum on the awarded sum unless the award otherwise directs, with the phrase “unless the award otherwise directs” qualifying only the rate of post-award interest.
3) The arbitral tribunal cannot be permitted to deviate from the agreed terms on interest embedded in the contract or memorandum of understanding at the execution stage; claims for compound interest cannot be introduced absent an express award or contractual provision.

1) Section 498A IPC criminalizes cruelty by husband or relatives causing grave injury or harassment related to dowry demands.
2) Courts must scrutinize vague, omnibus allegations in matrimonial disputes to prevent misuse of criminal law and abuse of process.
3) Powers under Article 226 and inherent powers under Section 482 CrPC permit quashing of FIR when allegations do not disclose a cognizable offence or are inherently improbable.

1) Essential ingredients and scope of offences under Sections 406 (criminal breach of trust) and 420 (cheating) IPC.
2) Distinction between criminal breach of trust and cheating as mutually exclusive offences under respective IPC provisions.
3) Courts’ inherent power under Section 482 CrPC to quash proceedings where allegations fail to disclose a prima facie offence or are instituted with mala fide intent.

1) Article 304(a) of the Constitution of India prohibits discrimination through taxation between goods manufactured/produced within a State and goods imported from other States.
2) Incentives or exemptions granted by States are valid under Article 304(a) only if they are confined to a specified class of industries, for a limited period, and are non-hostile (not motivated by intentional discriminatory bias).
3) The nine-Judge bench in Jindal Stainless Ltd. clarified that mere differentiation in tax rates does not amount to discrimination unless accompanied by intentional unfavourable bias, and that clauses (a) and (b) of Article 304 are to be read disjunctively.

1) Section 482 of the Code of Criminal Procedure, 1973 empowers the High Court to quash criminal proceedings to prevent abuse of process of law.
2) The Supreme Court’s illustrative categories in State of Haryana v. Bhajan Lal (1992) guide quashing of criminal proceedings, especially where allegations do not prima facie constitute an offence or where proceedings are mala fide or maliciously instituted.
3) Criminal proceedings should not be used as a substitute for civil remedies and disputes purely civil in nature cannot be converted into criminal prosecutions to exert pressure or harass opposing parties.

1) The applicability and interpretation of Articles 12 and 16 of the Portugese OA versus Article 307 of the 1917 Portuguese Land Law for rescission of emphyteutic land grants.
2) The scope of High Court’s jurisdiction under Section 100 of the Code of Civil Procedure to interfere with concurrent findings of fact recorded by lower courts in a second appeal.
3) The principles of waiver, acquiescence, and estoppel against the Government, particularly regarding enforcement of statutory or public interest obligations.

1) Advertisements issued by public respondents form a binding representation for the purposes of allotment of licenses or dealerships.
2) Withdrawal or cancellation of a Letter of Intent is subject to principles of reasonableness and non-arbitrariness, particularly when the applicant has complied with all stipulated conditions and formalities.
3) Provisions in selection brochures allowing cancellation on finding false information cannot be invoked if the applicant has acted honestly and the land/location was approved following due process.

1) Section 245(2) of Cr.P.C. permits discharge of accused at any stage if the charge is considered groundless, having the effect of acquittal.
2) Legal heirs of a deceased complainant may continue prosecution of a summons case, subject to Court’s discretion and proper procedural compliance.
3) Once a complaint is dismissed under Section 245(2), restoration requires proper appeal or revision, and subsequent restoration by new complainants without orderly procedure is impermissible.

1) The bar on anticipatory bail under Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
2) Principles for grant of anticipatory bail in cases involving political enmity and caste atrocity allegations.
3) Importance of prima facie assessment of evidence and delay in lodging FIR in bail proceedings.

1) Bail provisions under the Narcotic Drugs and Psychotropic Substances Act, 1985 differ based on quantity of the contraband involved.
2) The weight of contraband mixed with packaging material affects applicability of strict bail provisions under Section 37 of the NDPS Act.
3) Granting bail depends on consideration of prima facie material, nature of offence, antecedents of accused, and possibility of interference with investigation or trial.

1) Reliability and sufficiency of eye-witness testimony in criminal convictions.
2) Validity and corroborative value of recovery of weapon at the instance of the accused.
3) Impact of lapse in holding Test Identification Parade on identification evidence in criminal cases.

1) Section 127 Cr.P.C. permits alteration of maintenance allowance only if the original maintenance order was passed under Section 125 Cr.P.C.
2) Maintenance granted under the Domestic Violence Act cannot be modified or enhanced under Cr.P.C. provisions unless preceded by maintenance proceedings under Section 125 Cr.P.C.
3) Deviation from the prescribed statutory procedure for enhancement of maintenance causes the entire proceeding to be null and void.

1) Proviso to Section 372 of the Code of Criminal Procedure, 1973 does not prescribe any time limit for a victim to prefer an appeal against an order of acquittal.
2) Condonation of delay in filing an appeal under proviso to Section 372 should be liberally construed in view of the legislative intent to provide victims a remedy.
3) Covid-19 pandemic and lockdown period are valid grounds explaining delay and merit consideration while condoning delay in legal proceedings.

1) Section 33(1) of the Aadhaar Act, 2016 empowers the High Court to order disclosure of identity information or authentication records upon application, subject to hearing the authority and Aadhaar number holder.
2) The right to privacy under Article 21 protects an individual's biometric and demographic information from arbitrary disclosure unless justified by a three-fold test as per K.S. Puttaswamy judgment.
3) The Aadhaar Act requires that only “residents” of India, having valid residence documents such as passport and visa, are eligible for Aadhaar enrolment.

1) Section 173(8) CrPC permits further investigation even after submission of final report to the Magistrate.
2) The Magistrate has discretionary power to order further investigation before the trial commences to ensure real and substantial justice.
3) An investigation must be fair, impartial, and exhaustive to uncover the truth and any defect in investigation can be cured by further probe.

1) The essential ingredients of criminal trespass under Section 441 IPC require proof of unlawful entry into property that is in the possession of another.
2) Circumstantial evidence must fulfill specific criteria to substantiate a conviction, including the establishment of a complete and unbroken chain of events pointing towards the accused's guilt.

1) The right of an organization to operate on government premises is subject to the larger public interest and the decision-making authority must prioritize safety and the educational environment.

1) The presumption under Section 139 of the Negotiable Instruments Act is rebuttable, requiring the accused to raise a probable defense which creates doubt about the existence of a debt.

1) The right to take exams for medical practice cannot be denied due to the lack of a score card when the candidate has cleared the examination based on available grading information.

1) To successfully establish an offence under Section 138 of the Negotiable Instruments Act, the complainant must prove the existence of a legally enforceable debt and the issuance of a cheque in discharge of that debt.

1) The inherent power of the High Court under Section 528 BNSS, 2023 (analogous to Section 482 CrPC) can be exercised to quash criminal proceedings to prevent abuse of the process of court or to secure the ends of justice.
2) Non-compoundable offences can be quashed by the High Court if continuation of the prosecution would be an exercise in futility due to an effective settlement between parties.
3) In cases involving allegations like rape on false promise of marriage, quashing requires examination of whether the accused had mala fide intention from the beginning or if the relationship was consensual and breakdown due to intervening circumstances.

1) The entitlement to annual increment crystallizes upon completion of requisite service with good conduct and is payable on the succeeding day, including after retirement, subject to the Supreme Court’s guidelines on retrospective payment and arrears.

1) A retired government employee who completes the requisite length of service with good conduct is entitled to annual increment which crystallizes on the succeeding day of retirement, but enhanced pension including increment is payable only from the date specified by the Supreme Court.

1) Section 65(23) of the Finance Act, 1994 defines "cargo handling service" and excludes handling of export cargo from this definition.
2) Section 65(105) sub-clause (zzm) broadly defines "taxable services" to include any services provided by the Airports Authority at any airport or civil enclave.
3) Section 66 of the Finance Act, 1994 levies service tax on taxable services including those defined under sub-clause (zzm) of Section 65(105).

1) A special leave petition withdrawn without permission to file a fresh petition precludes filing another special leave petition against the same order.
2) Order XLVII Rule 7(1) CPC bars appeal against an order rejecting review as review rejection does not alter the original order.
3) Doctrine of merger does not apply to orders dismissing special leave petitions by non-speaking orders; such dismissals do not preclude review before the High Court.

1) Scope and limits of review jurisdiction of a High Court in writ proceedings, particularly regarding re-opening concluded issues.
2) Distinction between eligibility criteria and cut-off marks in recruitment examinations under service law and their legal implications.
3) Jurisdictional propriety of courts in intervening during ongoing recruitment processes based on apprehensions of ineligible candidates' selection.

1) The essential ingredient for conviction under Sections 7, 13(1)(d) and 13(2) of the Prevention of Corruption Act includes a demand or acceptance of gratification by a public servant.
2) Mere delivery of money without an antecedent demand by the accused does not constitute an offence under the Prevention of Corruption Act.
3) The credibility and reliability of prosecution witnesses, especially those who are integral to the trap operation, must be thoroughly scrutinized in bribery cases.

1) Liability of insurer under a motor vehicle insurance policy continues unless the insured is informed of policy cancellation before the accident.
2) The compensation amount paid by the insurer to claimants can be recovered from the insured without filing a separate suit.
3) Failure to timely inform the insured about dishonor of premium payment does not absolve the insurer of liability for accidents occurring before such intimation.

1) Section 50 of the Criminal Procedure Code mandates that the arresting officer must communicate the grounds of arrest to the accused, but does not prescribe the mode as necessarily written.
2) Article 22(1) of the Constitution requires that an arrested person be informed as soon as possible of the grounds for arrest to safeguard the right to consult and be defended by a legal practitioner.
3) Substantial compliance with the requirement to inform grounds of arrest suffices unless demonstrable prejudice is caused to the accused by non-communication or delay in writing.

1) Section 5 of the Limitation Act, 1963 empowers the Court to admit an appeal after the prescribed period if sufficient cause for delay is shown.
2) The term "sufficient cause" requires a reasonable, bona fide explanation and is subject to judicial discretion considering the facts and conduct of the parties.
3) Government bodies are not entitled to a separate or lenient standard in condonation applications and must exhibit diligence, as courts emphasize balancing justice and the rights accrued by other parties.

1) Probationary employees do not enjoy the full protective scope of Article 311 of the Constitution of India and can be lawfully terminated without formal inquiry if the termination is non-stigmatic and based on unsuitability.
2) The authority issuing suspension and termination orders must conform to the Schedule of Delegation of Powers prescribed under the service rules; otherwise, action may be challenged as incompetent.
3) Termination orders of probationers assessing their suitability for service need not be strictly stigmatic or punitive and may involve less formal inquiry, provided that procedural fairness and opportunity to be heard are observed.

1) Appointment to a post with prior permission and approval by competent authority confers a vested right to the appointee to continue in service unless legally and fairly terminated.
2) The authority granting prior permission and approval cannot review or annul its own order arbitrarily without following due process of law, especially when the selection process is not challenged.
3) Irregular appointments due to administrative or procedural errors can be regularized to prevent injustice and protect the legal rights of the appointee.

1) Industrial Disputes Act, 1947 empowers Tribunal to adjudicate legality of termination and entitlement to reliefs including back wages.
2) Expiry of contract for a contract porter does not amount to illegal termination or retrenchment under Industrial Law.
3) Regularization of service supersedes any claim for back wages for the period prior to regularization if no illegal termination is proven.

1) The principles governing the grant of bail, particularly in cases involving serious allegations of sexual offences against minors.

1) The period of custody and the absence of necessity for further detention can justify the grant of bail.

1) A victim's decision to settle a matter voluntarily leads to the compounding of the offence and implies acquittal under the relevant provisions of law.

1) The rigour under Section 37 of the NDPS Act is not applicable when the seized quantity falls under the category of intermediate quantity.

1) Delay in executing a detention order without justifiable reasons constitutes a ground for setting aside that order, particularly when the detenu is available for execution.

1) Section 12(1)(d) of the M.P. Accommodation Control Act, 1961 authorizes eviction if the rented accommodation was not used for the purpose for which it was let for six continuous months preceding the filing of the suit.
2) The burden of proof to establish non-use of the premises lies on the landlord/plaintiff, who must demonstrate vacancy and non-use without reasonable cause.
3) Documentary evidence such as electricity bills, invoices, or receipts are critical to prove continuous use or non-use of the rented premises by the tenant.

1) Non-communication of adverse or average ACR remarks negates their consideration in promotion and pay-related decisions.
2) Judicial precedents establish that uncommunicated adverse remarks must be disregarded in promotion or pay fixation cases.
3) The principle of providing opportunity of hearing and communication of ACRs is essential for fair disciplinary and service proceedings.

1) Fundamental Rule 54 and Circular dated 13.1.2005 govern payment of salary during suspension and conditions for grant of full pay post departmental enquiry.
2) In case of minor punishment imposed after enquiry, suspension period cannot be considered justified to deny full salary and allowances.
3) Payment of arrears with interest is mandated if salary and allowances for suspension period have been withheld wrongly.

1) Article 226 of the Constitution of India empowers High Courts to issue writs for enforcement of fundamental rights and for any other purpose.
2) A petitioner’s representation alleging inaction can be directed for fresh submission and consideration to ensure due process and compliance with principles of natural justice.
3) Judicial intervention for directing decision on pending or fresh representation requires the authority to decide by a reasoned and speaking order in a timely manner.

1) Retiral benefits such as pension and gratuity are not forfeited merely due to conviction if appeals are pending before competent courts.
2) Precedents like Dhirendra Kumar Dubey v. State of M.P. and Kanhaiyyalal Damde v. State of M.P. establish entitlement to retiral benefits notwithstanding criminal conviction under trial.
3) Competent authorities are obligated to consider and decide representations for retiral dues by issuing reasoned and speaking orders.

1) High Courts possess administrative discretion under respective Superior Judicial Service Rules to prescribe minimum eligibility criteria including minimum marks qualification to select the best available talent.
2) Administrative instructions supplement statutory Rules when silent on specific eligibility thresholds and have binding force if subservient to statutory provisions.
3) Once the Supreme Court dismisses a challenge to a selection process on identical grounds, subsequent petitions on the same subject are estopped and barred.

1) Applicability and binding nature of statutory pay rules under the Punjab Home (Jails) Department State Service (Class-III Executive) (3rd Amendment), Rules, 2016 on appointment pay scales.
2) Precedential effect of the Punjab and Haryana High Court and Division Bench Supreme Court rulings on payment scale and seniority of employees appointed under similar advertisements.
3) The principle that delay in appointment should not penalize a candidate where others of lower merit have been appointed earlier as per the Supreme Court’s direction in Sadhana Singh Dangiv v. Pinki Asati.

1) Confirmation of a probationer in service requires successful completion of training and passing the final examination as per Rule 10 of Haryana Police Service Rules, 2002.
2) Automatic confirmation on completion of probation period without fulfilling training and examination requirements is not permissible when rules specifically require such conditions.
3) Seniority and confirmation dates determined by completion of training and confirmation orders under service rules are valid even if junior recruits are confirmed earlier due to earlier training completion.

1) Cancellation or revocation of bail requires consideration of supervening circumstances or accused’s misconduct post bail.
2) Bail may be cancelled if accused interferes with investigation, tampers with evidence, or threatens witnesses.
3) The grant of bail must balance the accused’s right to liberty with the necessity of a fair trial and protection of societal interests.

1) Amended Section 13(8) of the SARFAESI Act restricts the right of redemption of the borrower to any time before publication of the notice for auction or other modes of transfer of secured assets.
2) The SARFAESI Rules (Rules 8 and
9) prescribe a single composite notice of sale, covering service to the borrower, publication in newspapers (where applicable), affixation on property, and uploading on website, which collectively constitute "publication" under Section 13(8).
3) Section 35 of the SARFAESI Act overrides inconsistent laws, while Section 37 clarifies it is in addition to other laws such as the Transfer of Property Act, but does not derogate from the special provisions under SARFAESI Act regarding redemption rights.

1) Delay in initiating departmental proceedings beyond a reasonable period can render such proceedings invalid and lead to setting aside of penalties imposed.
2) Retrospective promotion and consequential benefits are mandated where departmental proceedings that caused delay in promotion are quashed for being irregular or unjustified.
3) Seniority and eligibility criteria for promotion can be relaxed in cases where delay in departmental proceedings, found to be invalid, adversely affects the officer’s promotion.

1) Circumstantial evidence must form a complete, unbroken chain pointing exclusively to the guilt of the accused without any reasonable doubt.
2) Extra-judicial confessions made to police officers or in police custody without a Magistrate’s presence are inadmissible under Sections 25 and 26 of the Indian Evidence Act.
3) Recovery under Section 27 Evidence Act based on joint or simultaneous disclosures must be evaluated with caution and cannot alone establish guilt without corroboration.

1) Distinction between offences of cheating under Section 420 IPC requiring criminal intention at inception and criminal breach of trust under Section 406 IPC requiring dishonest misappropriation after lawful entrustment.
2) High Court’s power under Section 482 Cr.P.C. to quash criminal proceedings if allegations do not prima facie disclose any offence or constitute an abuse of process of court.
3) Pendency of a civil suit between parties on the same subject matter does not per se bar criminal prosecution if prima facie cognizable offence is made out.

1) Order VIII Rule 1 of the Code of Civil Procedure, 1908 mandates that the defendant must file a written statement within 30 days from service of summons.
2) Bombay High Court (Original Side Rules), 1980—Rules 84, 87, and 88 govern proof of service of summons, timeline to serve summons, and time for filing appearance or vakalatnama respectively, and have overriding effect over CPC as applicable.
3) The limitation period for filing written statement starts from the date of actual service of the summons along with a copy of the plaint and not from the date of filing of vakalatnama by defendant’s counsel.

1) Article 14 and Article 21 of the Constitution of India guarantee the fundamental right to liberty, requiring expeditious disposal of bail and anticipatory bail applications.
2) Prolonged delay in disposing bail matters frustrates the purpose of the Code of Criminal Procedure and amounts to denial of justice.
3) High Courts must issue administrative directions to subordinate courts and investigating agencies to prioritize and expedite bail and anticipatory bail applications and investigations in long-pending cases.

1) Members with a direct or indirect interest in a contract or resolution must refrain from participating or voting in the decision under relevant bye-laws.
2) The status of a Managing Director as an ex officio member of the Board does not automatically confer the right to vote when there is a conflict of interest.
3) A writ court’s interference under Article 226 is discretionary and must promote substantial justice, not overturn proceedings on merely technical legal points without merit.

1) The scope of judicial review under Articles 226 and 227 of the Constitution does not include re-appreciation of evidence but permits intervention in cases of arbitrary and capricious conclusions.
2) Disciplinary proceedings require evidence of a satisfactory nature to prove charges, especially in cases alleging misconduct under the influence of alcohol.
3) The importance of procedural fairness in disciplinary inquiries includes examination of all relevant witnesses, proper documentation, and medical examination where necessary.

1) Article 243-O of the Constitution bars judicial interference in delimitation and allotment of seats to constituencies under Article 243K.
2) Section 12 of the Maharashtra Zilla Parishad and Panchayat Samitis Act, 1961 authorizes the State Government with State Election Commission approval to divide districts into electoral divisions for election purposes.
3) Judicial review of delimitation is limited to cases of manifest arbitrariness or violation of constitutional values.

1) Section 173 of the Code of Criminal Procedure outlines the procedure for investigation, filing of charge sheets, and further investigation including supplementary charge sheets under Section 173(8).
2) There is no provision under the Code of Criminal Procedure permitting a witness or complainant to directly produce additional documents after charge framing during trial except through further investigation as contemplated under Section 173(8).
3) Principles of natural justice require that notice must be given to the accused before allowing such production of documents that could prejudice their defense.

1) Section 12-A(1) of the Commercial Courts Act, 2015 mandates mandatory pre-institution mediation for commercial suits unless the plaintiff contemplates urgent interim relief.
2) The exception for urgent interim relief under Section 12-A(1) requires bona fide, substantiated urgency with detailed pleadings and genuine application of mind at the time of institution of suit.
3) A bald or unsubstantiated assertion of urgency without factual material is insufficient to exempt a suit from complying with Section 12-A pre-litigation mediation; courts must scrutinize the plaintiff's conduct and pleadings to prevent abuse.

1) The granting of an interim injunction is a discretionary remedy requiring a prima facie case, balance of convenience, and irreparable injury.
2) An appellate court should not substitute its own views for the trial court’s discretion in refusing an interim injunction unless that discretion was exercised arbitrarily or perversely.
3) Non-joinder of a necessary party can affect maintainability but issues concerning it should not be prejudged when an application for addition of such party is pending before the trial court.

1) Only the landlord and tenant are necessary parties in an eviction suit under the relevant Tenancy Act.
2) The question of title to the suit premises is not germane to the decision of an eviction suit.
3) A co-owner or co-sharer is neither a necessary nor proper party in an eviction suit filed by another co-owner against the tenant.

1) Section 188 IPC requires disobedience of a lawful order by a public servant that causes or tends to cause obstruction, annoyance, injury, or risk thereof, for constituting an offence.
2) The power of the court to quash FIR or criminal proceedings under Section 482 CrPC or Article 226 Constitution of India is to be exercised sparingly and only in rarest of rare cases where prima facie no offence is made out or proceedings are an abuse of process.
3) Cognizance under Section 188 IPC can only be taken on a written complaint by a public servant whose order was violated or superior authority; police cannot initiate prosecution suo motu.

1) The Court’s inherent powers under Section 482 of the Criminal Procedure Code (Cr.P.C.) to quash FIRs must be exercised considering whether allegations, taken at face value, make out a prima facie cognizable offence.
2) Allegations motivated by personal vendetta or ulterior motives may be grounds for quashing FIRs if no cognizable offence is prima facie made out.
3) Medical and investigative evidence supporting the allegations negate the possibility of misuse of process under Section 482 Cr.P.C.

1) Anticipatory bail can be granted when the dispute underlying the criminal complaint is essentially civil in nature, without prior criminal antecedents, and to prevent misuse of criminal laws for harassment.

1) Grant of anticipatory bail depends on evaluation of evidence concerning involvement and criminal antecedents of accused.

1) Criminal proceedings manifested out of mala fide intentions and without essential ingredients of offences amount to abuse of process and can be quashed under inherent jurisdiction.

1) The scope of interference by an appellate court against an order of acquittal is limited and can only be exercised if the trial court’s conclusion is perverse or unsupported by any reasonable view of evidence.

1) Article 22(5) of the Constitution of India mandates that grounds of detention in preventive detention cases must be communicated in a language understood by the detenue.
2) The detaining authority must specify that the detenue is in custody and there is a real possibility of release on bail to justify preventive detention under NDPS law as per Supreme Court precedent in Huidrom Konungjao Singh v. State of Manipur.
3) Delay by the Central Government in disposing the detenue’s representation is not fatal when awaiting the Advisory Board’s report, as per Ankit Ashok Jalan v. Union of India.

1) Section 52-A of the Narcotic Drugs & Psychotropic Substances Act, 1985 mandates the inventory and certification of narcotic drugs by the Magistrate, whose certificate constitutes primary evidence.
2) The weight certified under Section 52-A must reflect the actual narcotic substance only, excluding any packaging or enclosure.
3) The trial jurisdiction under the N.D.P.S. Act depends on the quantity of narcotics ascertained exclusive of packaging, affecting whether the case is triable by a Magistrate or a Special Judge.

1) Section 100 and Section 299 IPC (and their equivalents under BNS) provide that causing death without intention or knowledge of presence is not culpable homicide but may attract liability for negligence or rashness.
2) Severity or gruesomeness of crime does not automatically preclude grant of bail, particularly when the offence charged is bailable by statute.
3) Bail considerations must balance nature and gravity of offence, role of accused, evidence, and likelihood of tampering, impacting liberty rights pending trial.

1) Sections 7 and 13(1)(d) r/w Section 13(2) of the Prevention of Corruption Act, 1988 require proof of both demand and acceptance of the bribe to establish culpability.
2) A witness turning hostile impacts the prosecution's ability to prove the essential elements of the charged offences, highlighting the need for corroborative evidence.

1) The right to bail is a fundamental aspect of justice, particularly when the accused have been in custody for a substantial period and do not pose a flight risk or a threat to witnesses.

1) The court has the discretion to grant bail based on the circumstances of the case, including the period of detention and the lack of prior criminal records.

1) An officer must have jurisdiction to impose penalties, and a lack of jurisdiction renders the penalty order void.

1) Pre-arrest bail should be denied if serious allegations of causing grievous injury to a minor are substantiated.

1) Amendments introducing new material facts in an election petition are barred after the 45-day limitation period under Section 81 of the Representation of the People Act, 1951.

1) Courts may dismiss a case for non-prosecution if the petitioner fails to appear on the scheduled date despite prior warning.

1) The Court may condone a delay in filing an appeal if sufficient grounds are shown.

1) Article 227 of the Constitution of India empowers High Courts to exercise supervisory jurisdiction over tribunals and courts within their territorial jurisdiction, subject to limitations and available remedies.
2) Under the Consumer Protection Act, 2019, appeals against orders of State Commissions in execution proceedings are generally not maintainable, and remedies lie before the National Commission or appropriate High Court under Article 227.
3) The doctrine of merger applies wherein the decision of the superior forum supersedes and merges the order of the subordinate forum, with interest calculation to be based on the order of the superior forum.

1) Overpayment of salary to a government servant due to departmental mistake without employee’s fault or misrepresentation does not mandate recovery.
2) Judicial precedent establishes that benefits erroneously granted and received without fault are typically not recoverable.
3) The principle of unjust enrichment does not apply where the recipient is not at fault in accepting the excess payment.

1) A litigant should not suffer for the fault or inadvertence of their counsel where such absence is bona fide and unavoidable.
2) The principle of justice demands restoration of cases dismissed for procedural defaults, especially where substantial rights are at stake, unless sufficient cause is not shown.
3) Courts may consider discretionary measures and rehabilitative suggestions in granting relief to promote social responsibility alongside legal adjudication.

1) Annual increment entitlement crystallizes upon completion of requisite service with good conduct and is payable on the succeeding day after such completion.
2) The Supreme Court’s ruling in Director (ADMN) and HR KPTCL v/s C.P. Mundinamani (2023) establishes entitlement to annual increment earned on the last day of service.
3) The Apex Court’s directions in Union of India v. M. Siddaraj (2025) govern payment of increments and enhanced pension for retired government employees, including timelines and conditions for arrears.

1) The entitlement to an annual increment accrues on completion of requisite length of service with good conduct and becomes payable on the succeeding day.
2) The Supreme Court’s decision in Union of India v. M. Siddaraj (Civil Appeal No.3933/2023) governs the payment of increments to retired government employees, including conditions for retrospective enhanced pension payments.
3) Government Circular dated 15.03.2024 mandates grant of increments to employees retiring on 30th June or 31st December effective 1st July or 1st January respectively.

1) The SARFAESI Act, 2002 provides a complete code for recovery of financial assets including detailed mechanisms and appellate remedies before DRT and DRAT.
2) Interference by High Courts under Article 226 in SARFAESI proceedings is generally discouraged by the Apex Court unless statutory remedies have been exhausted.
3) Section 17 of the SARFAESI Act permits filing of applications before the DRT to challenge actions under the Act, which must be pursued before approaching the High Court.

1) The scope of judicial interference under Articles 226/227 of the Constitution of India in disciplinary proceedings is limited to checking illegality, procedural irregularity, or disproportionate punishment.
2) A writ of certiorari can be issued only when there is an error of law apparent on the face of the record or jurisdictional error by the disciplinary authority.
3) The High Court cannot act as an appellate authority to reweigh evidence or reassess facts found by the disciplinary authority, unless a finding is based on no evidence or violation of natural justice.

1) Section 482 of the Criminal Procedure Code empowers the Court to quash criminal proceedings where a compromise has been arrived at between parties.
2) Compromise between parties in criminal cases under certain sections (like Sections 406 and 420 IPC) may be considered by the Court to serve the ends of justice and prevent abuse of process.
3) The genuineness and voluntariness of a compromise is a key factor for quashing proceedings and the Court relies on trial Court’s report on the same.

1) Under Proviso (b) to Section 138 of the Negotiable Instruments Act, the demand notice must specify the same amount as that mentioned in the dishonoured cheque.
2) Strict and literal compliance with the notice requirements under Section 138 is mandatory as it is a penal provision; any discrepancy in the amount renders the notice invalid.
3) Typographical or inadvertent errors in stating the amount in the notice are not a valid defence and do not cure the defect in the notice.

1) Applicability and interpretation of the National Sports Code 2011 and FIFA Statutes to the composition and governance of National Sports Federations including AIFF.
2) Disqualification criteria for office bearers in sports federations, especially regarding criminal charges, public servants, and tenure restrictions.
3) Validity and extent of delegation of essential rights and functions by a national sports federation to third parties under constitutional and statutory frameworks.

1) Section 2(f) of the Central Excise Act, 1944 defines “manufacture” to include any process incidental or ancillary to the completion of a manufactured product and processes specified in the Chapter Notes of the Central Excise Tariff Act as amounting to manufacture.
2) The test for “manufacture” involves a twofold inquiry: (i) whether the process results in a new and different commodity with a distinctive name, character, or use (transformation test); and (ii) whether the product before the process would be of no commercial use but for the process (marketability test).
3) The distinction between a ‘part’ and an ‘accessory’ is critical: a ‘part’ is integral and essential to the functioning of a product, whereas an ‘accessory’ provides supplemental or secondary convenience or value.