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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.
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.
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.
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.
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.