Motor Accident -- Statements under Section 161 CrPC are inadmissible and cannot be used to assess negligence unless corroborated by independent evidence.

Motor Accident -- In case of injured minor children with permanent disability, compensation must include both pecuniary and non-pecuniary components (treatment, pain, future suffering, etc.).

Criminal Law -- Victim’s testimony must be of sterling quality – Mere tandem narration does not suffice if inconsistencies exist and are unexplained.

Motor Accident Claims -- Absence of a valid transport vehicle licence entitles the insurer to recover from the vehicle owner – affirmed -- Delay in issuing or verifying driving licence does not absolve the employer unless there is prima facie facial invalidity.

Compensation -- Courts are duty-bound to ensure "just compensation" even if claimants do not appeal — Future Prospects: 40% future prospects applicable to self-employed persons under 40.

Employees’ Compensation -- Absence of medical certificate is not fatal when the injury is clearly described and evident.

Locus standi is crucial – A person who is not a legal heir or representative of the original grantee cannot maintain an application under Section 5 of the PTCL Act.

Rule 17 of the CCS (Pension) Rules, 1972 entitles contractual appointees to claim pensionary benefits upon subsequent regularisation, if they exercise the option as prescribed.

Civil Law -- If a party seeks to alter the operative portion or substance of a final order, the correct procedure is to file a review petition under Order XLVII CPC.

Criminal Law -- Prima facie material from FIR, medical report, and witness testimony is sufficient to proceed to trial -- Existence of matrimonial proceedings is not proof of malicious prosecution.

Service Law -- Inadvertent discrepancy in a prior qualifying certificate (TET) does not invalidate appointment if no advantage was gained and no misrepresentation occurred during the recruitment process.

Commercial Disputes vs Criminal Offences -- A mere contractual breach, even involving alleged non-disclosure of terms, does not amount to a criminal offence like cheating or breach of trust unless dishonest intention is established at the inception.

Arbitration and Conciliation Act -- Minimal Interference with Arbitral Awards -- Courts cannot reappreciate evidence or substitute their own interpretation of the contract under Section 34.

Criminal action (FIRs) and administrative classification (fraud orders) are distinct; setting aside one does not nullify the other -- Violation of natural justice impacts only administrative action, not criminal proceedings.

Civil Law -- Relaxation of procedural restrictions (e.g., one-family-one-plot rule) permissible for General Category allottees who paid market price.

Constitution of India -- Judicial Review in Tender Matters -- Limited to examining mala fide, arbitrariness, or irrationality — Not correctness of administrative decisions.

Mutations -- Delay of over 30 years without satisfactory explanation bars challenge to revenue mutations -- Knowledge and acquiescence of predecessors-in-interest relevant in mutation challenges.

Eviction -- Bona fide need can still exist even where landlord had some inconsistent income or speculative transactions.

Limitation under Section 21 of the Administrative Tribunals Act is mandatory -- Filing a representation does not extend limitation unless it is under a statutory provision.

Contempt of Courts Act -- Civil contempt includes wilful disobedience of any order, judgment, or direction of the Court.

Once a plaint is rejected under Order VII Rule 11 CPC, there is no "pending suit," so Order XI Rule 14 CPC cannot apply -- Appellate court must assess only the plaint to test the validity of rejection.

Criminal Law -- Quashing under Section 482 CrPC is justified where the accused had no role in the alleged offence and prosecution is a misuse of law -- SARFAESI Act (Section 32) provides immunity to officers of secured creditors for actions done in good faith.

In matrimonial disputes, where allegations relate to land/property and inter-family issues, courts must exercise caution in criminalizing civil disputes.

Criminal Law -- Acquittal can be upheld if the prosecution fails to prove guilt beyond reasonable doubt, particularly in sexual offence cases where inconsistencies remain unresolved.

Criminal Law -- Quashing of Criminal Proceedings -- Distant relatives who reside separately and are not shown to have played any active role should not be roped in casually under matrimonial complaints.

Service Law -- Adverse ACRs prior to an earlier promotion generally lose relevance unless they involve integrity or are reflected in post-promotion conduct.

Service Law -- Sikkim Government Services (Leave) Rules, Rule 32 governs leave accrual during re-employment but does not entitle re-employed employees to a second round of encashment.

Criminal Law -- Section 202 CrPC does not empower a Magistrate to direct police investigation in a Sessions triable case; the Magistrate must conduct inquiry and examine witnesses.

Criminal Law -- Section 362 CrPC prohibits alteration/review of a final signed judgment except to correct clerical/arithmetic errors.

Service Law – Disciplinary Proceedings -- Disagreement with Inquiry Report -- Must contain brief reasons and avoid pre-judging guilt -- It must not be a disguised final verdict.

Pension -- Presumption of Fitness -- If no disease is recorded at the time of entry, any later disability is presumed attributable to service unless rebutted with cogent reasons (Rule 5, Rule 14(b)

Finality of Court Directions -- Once a court’s direction on seniority attains finality, it binds the parties unless challenged appropriately.

Finality of Judicial Findings -- Once a Court finds a party guilty of contempt, the finding is binding unless reversed through appellate procedure; coordinate Benches cannot re-open it.

Finality of Settlement -- Settlement agreement duly recorded by Court binds the parties and is treated as an enforceable undertaking.

Land Acquisition -- Liberal Condonation Policy In land acquisition matters, delay must be condoned unless mala fide or gross negligence is shown; denial would defeat substantial justice.

Civil Law -- Mere existence of a joint family does not presume property is joint; the burden is on the party asserting joint family status -- A purchaser of property can rely on the presumption of self-acquisition unless contrary is proved with credible evidence.

Compensation under the Motor Vehicles Act is forward-looking and socially beneficial -- Disbursal delays violate the very object of the law.

Motor Accident – Compensation -- ITR reflects income for the relevant financial year, not from the date of filing—hence, post-accident filing does not invalidate the return.

Dishonour of cheque -- Presumptions under Sections 118(a) and 139 are rebuttable on a preponderance of probabilities -- Once rebutted, burden shifts back to the complainant to prove the existence of a legally enforceable debt beyond reasonable doubt.

Criminal Law -- Death penalty -- "Rarest of Rare" Doctrine Requires Balance -- Even the most heinous crimes do not automatically warrant death penalty; mitigating factors post-conviction must be considered.

Civil Law -- Doctrine of Reasonable Classification -- Members from Bar Council, Parliament, and State Legislatures must be treated uniformly unless legislative intent clearly indicates otherwise.

Criminal Procedure -- Sanction for Prosecution of Public Servant -- A government servant on deputation remains a public servant under Section 21 IPC unless absorbed or removed from control of parent government.

Civil Law -- Jurisdiction under Article 227 is supervisory, not appellate -- High Court cannot re-appreciate facts or substitute its views for those of the trial/appellate court unless there is gross miscarriage of justice.

Medical Negligence -- A hospital can be held vicariously liable for negligence of its doctors.

Civil Law -- Sanction under Section 17A PC Act is procedural safeguard; its scope vis-à-vis Magistrate’s powers under CrPC is unsettled pending larger Bench reference.

Constitution of India -- Article 142 Power Invoked -- Supreme Court can exercise its extraordinary constitutional power to do complete justice without remanding the matter if it would cause further injustice.

Mandatory Determination Date -- Under Section 26(1) proviso, the market value must be determined as of the date of Notification under Section 11, and not on any earlier or arbitrary date.

Negotiable Instruments Act -- Consent Settlement Permissible at Supreme Court Stage -- Even after High Court’s acquittal under Section 138 NI Act, parties can consensually settle before the Supreme Court and have their terms recorded.

Preventive detention is justified if the detaining authority has sufficient material to reasonably apprehend future prejudicial acts, especially in cases involving drug trafficking.

Conviction under Section 5(2) of the J&K Prevention of Corruption Act, 2006 read with Section 161 RPC cannot be sustained unless there is clear proof of demand and voluntary acceptance of bribe -- Mere recovery of tainted money or positive phenolphthalein test is insufficient.

Peaceful consumer protests fall within Exception 9 to Section 499 IPC if made in -- Use of mild, non-abusive language and voicing of grievances in a civil context does not amount to defamation.

Bail -- Grant of anticipatory bail in non-heinous, bailable offences triable by a Magistrate may not be interfered with solely due to the accused's criminal history -- Supreme Court reiterated that anticipatory bail can stand if no serious legal infirmity is shown in the High Court’s reasoning, especially in minor IPC offences.

Failure to remit deducted ESI contributions is a serious statutory breach and punishable under Section 85(i)(a); courts may impose lesser sentence under the proviso but cannot reduce the minimum fine.

Criminal Law -- Motive is not essential when the circumstantial chain is complete -- False explanations by the accused can be used as additional incriminating circumstances.

Criminal Law -- Scope of Quashing under Section 482 CrPC -- FIR can only be quashed if allegations are inherently improbable or no offence is disclosed at all.

Employees’ Compensation -- Penalty Under Section 4A(3)(b) Is Discretionary -- Maximum limit is 50%, but imposition depends on facts like unjustified delay.

Motor Accident – Compensation -- Contributory negligence must be based on credible and consistent evidence; mere statements from interested parties or inconsistent investigation reports are insufficient.

Writ under Article 226 cannot be used to enforce private contractual rights, especially when disputed and unregistered.

Criminal Law -- Presence and instigation at the scene of crime, even without participation in physical assault, can result in conviction under Section 304 Part II IPC if knowledge of likely death is proved.

Res judicata applies in criminal law to prevent re-litigation of issues already decided, especially where prior findings are on merits -- No vicarious criminal liability under IPC unless specific statutory provision or individual allegation exists.

Civil Law -- An agreement to sell does not confer ownership or enforceable rights against third parties – Section 54, Transfer of Property Act -- Suit for injunction without declaration is not maintainable when title is disputed

Civil Law -- Order 41 Rule 31 CPC is directory, not mandatory -- Substantial compliance suffices -- Procedural law must be interpreted to advance justice, not frustrate it by over-technicality.

Civil Law -- Order 7 Rule 11 CPC -- Rejection of a plaint is not permissible where complex legal or factual issues are involved; suit must proceed to trial if it discloses even a weak cause of action.

Civil Law -- Locus under Section 308 (Post-2018) -- Only the Chief Officer of a Municipal Council can invoke Section 308 of the Maharashtra Municipal Council Act, 1965.

Civil Law -- A plaint can be rejected under Order VII Rule 11(d) if, on the face of it, the suit is barred by law — No trial or evidence required -- Section 3 of the Limitation Act imposes a mandatory duty on courts to dismiss suits filed beyond limitation, regardless of whether limitation is pleaded.

Input Tax Credit -- Mutual Exclusivity of ITC and Tax-Exempt Sales -- One cannot claim both tax exemption on output and ITC on inputs unless explicitly permitted.

Civil Law -- Scope of Second Appeal under Section 100 CPC -- Jurisdiction of the High Court in second appeals is limited to entertaining cases involving a substantial question of law only -- Once such question is framed under Section 100(4), the High Court must decide it on merits and cannot remand the case merely on the ground that an issue was not framed earlier.

Service Law -- Recruitment Process Cannot Be Altered Midway -- Eligibility or reservation criteria cannot be changed mid-process unless permitted by the Rules and consistent with Article 14 (equality).

Criminal Law -- Section 482 CrPC should not be used to quash criminal proceedings unless the case falls squarely within Bhajan Lal parameters -- High-ranking employees like CFOs can attract Section 409 IPC where financial dominion and misuse are evident.

Civil Law -- Deemed tenancy under Section 15A requires actual license to occupy premises, not merely a right to conduct business -- Royalty payments and clauses restricting use/transfer indicate conducting business, not tenancy or license.

Motor Accident Claims -- Driving a vehicle carrying hazardous goods without mandatory endorsement is a fundamental breach, not a minor technicality -- Absence of endorsement can be grounds for insurer to recover compensation, especially where it contributed to the accident.

Service Law -- Eligibility in public recruitment must be determined as on the last date of application, unless otherwise specified -- No vested right to reservation without compliance with procedural requirements.

Motor Accident Claims -- Preponderance of Probabilities in Motor Accident Claims -- In civil claims under the Motor Vehicles Act, negligence is to be assessed on the basis of preponderance of probabilities, not proof beyond reasonable doubt.

Criminal Law -- Medical Evidence Must Support the Charge of Homicide -- Ligature mark was only on the front of the neck, which is inconsistent with strangulation or hanging -- Expert opinion clearly stated that throttling marks were not present, and no definitive finding of homicide could be made.

Insurance Law -- Insurance contracts are subject to strict interpretation, just like any other contract -- However, in insurance law, there is a higher duty of disclosure (uberrima fides) on the part of the insured.

Registration Act, 1908 -- A Sub-Registrar has no authority to investigate or decide questions of title -- Registration is a ministerial act, not a validation of ownership -- State rules cannot override or expand the limited powers under a central enactment.

Civil Law -- Final SEBI orders, once implemented and unchallenged, cannot be reopened or supplemented -- SEBI’s power of disgorgement cannot be exercised in a piecemeal or retrospective manner without proper jurisdiction.

Civil Law -- Failure to comply with conditional leave order can be remedied at appellate stage in suitable cases, if there is bona fide intent and compliance is offered.

Continuous Readiness and Willingness is Mandatory (Section 16(c) of the Specific Relief Act) -- Buyer must prove continuous readiness and willingness from the date of agreement till the date of decree -- Encashment of refunded earnest money without protest indicates lack of willingness.

National Council for Teacher Education (NCTE) is the statutory academic authority under Section 23(1) of the RTE Act, 2009, empowered to prescribe minimum qualifications for teacher appointments.

Limitation Act -- Strict Limitation under Section 61(2) IBC -- Appeal must be filed within 30 days -- Max extension: 15 days only if sufficient cause is shown -- No jurisdiction to condone delay beyond 45 days.

Recruitment Notification – Cut-off Date Principle -- If rules do not specify a cut-off date for eligibility, the date to be considered is:

a) The date in the recruitment notification, or

b) If not mentioned, the last date for receipt of applications.

Section 142(2)(a) NI Act -- Territorial jurisdiction lies with the court where the payee’s bank branch is located -- A court that inherently lacks jurisdiction cannot acquire it by consent, acquiescence or conduct of parties.

Limitation Act -- Section 4 of the Limitation Act applies when the last day of the limitation period falls on a court holiday -- The 3-month limitation in Section 34(3) means calendar months, not 90 days.

Industrial Disputes Act -- Clause 6(b) of Bipartite Settlement allows removal with pension, if employee qualifies under pension rules -- Regulation 22(1) must be read harmoniously with Clause 6(b); it does not override accrued rights under settlement.

Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 7 is subject to the Limitation Act, 1963, even though the PP Act does not expressly provide for a limitation period -- “In absence of a statutory limitation under the PP Act, proceedings for recovery of arrears of rent are governed by the Limitation Act.”

Section 197 CrPC and Section 170 of the Karnataka Police Act, 1963 mandate prior government sanction for prosecution of public servants for acts done “while acting or purporting to act” in the discharge of official duty or “under colour or in excess of duty.”

Recruitment -- Segregation of tainted and untainted is ideal, but not always feasible where the system is deeply compromised -- Natural justice may be relaxed when fraud vitiates the process -- In case of systemic malaise, entire selection can be scrapped to uphold integrity.

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

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

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

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

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

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

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

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

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

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

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