1) The essential requirement to grant temporary injunction in trademark suits includes prima facie similarity causing likelihood of confusion among consumers.
2) The recognition that the overall visual similarity of trade dress, including color scheme and design, is relevant in assessing deception under trademark law.
3) Compliance with statutory health warning provisions under the Cigarettes and other Tobacco Products (Packaging and Labelling) Rules, 2008 and their impact on entitlement to injunctive relief.

1) Existence of a well on land establishes it as irrigated (bagayat), influencing compensation rate.
2) Crop pattern alone is not a decisive factor to determine land classification as jirayat or bagayat.
3) When land is shown to be bagayat contrary to prior classification as jirayat, compensation should be increased, often double the jirayat rate.

1) Section 24(1) of the Code of Civil Procedure empowers the High Court to transfer proceedings at any stage for ends of justice.
2) Transfer of suits filed separately but involving common questions of law and fact and parties may be necessary to avoid duplication and conflicting judgments.
3) Pleadings and evidence stage of suits are relevant but do not bar transfer if it promotes judicial efficiency and justice.

1) Section 439 of the Criminal Procedure Code, 1973 empowers the High Court to grant bail to accused persons pending trial.
2) The principle that compounding of offence by co-accused can influence the bail considerations of remaining accused.
3) The use of deposit of the entire defrauded amount in fixed deposits as an undertaking and condition for bail release.

1) Compensation awarded by a criminal court under Section 138 of the N.I. Act is distinct from a fine and can be recovered as if it were a fine under Sections 421 and 431 of the Cr.P.C.
2) Under Section 394(2) of Cr.P.C., an appeal filed against conviction abates upon the death of the appellant, but the trial court’s judgment and sentence continue to survive.
3) Legal representatives of a deceased accused are liable only to the extent of the property inherited by them for recovery of compensation, and they bear no personal liability or risk of imprisonment.

1) The power of the court under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 to quash FIR and criminal proceedings in appropriate cases.
2) The principle that non-compoundable offences generally are not amenable to quashing but exceptions exist when parties compromise before trial and further proceedings serve no useful purpose.
3) The Supreme Court’s guidelines on quashing criminal proceedings, emphasizing the stage of trial, presence or absence of evidence, and potential harmony between parties.

1) The onus to prove subletting lies with the landlord who must establish exclusive possession of the premises by a third party for consideration.
2) Mere presence of persons other than the tenant in the shop does not amount to subletting without proof of transfer of exclusive possession.
3) Bona fide requirement of the landlord must be genuine, sincere, and not merely a pretext for eviction, assessed by availability of alternative accommodation and honest intention.

1) Section 156(3) CrPC empowers a Magistrate to order police investigation before taking cognizance of a cognizable offence.
2) The Magistrate’s discretion to order investigation under Section 156(3) must be exercised after application of judicial mind considering whether such investigation is conducive to justice.
3) High Courts should be circumspect in quashing FIRs or investigations at an initial stage when there is prima facie material and the investigation is at a nascent stage (Neeharika Infrastructure Pvt. Ltd. v. State of Maharashtra).

1) An IS-RT Agreement executed between States under Section 88 of the Motor Vehicles Act, 1988 is an agreement but not a law and is subordinate to schemes notified under Chapter VI of the Act.
2) Approved schemes and notified routes under Chapter VI override any conflicting provisions including inter-State agreements under Chapter V by virtue of Section 98 of the Motor Vehicles Act, 1988.
3) Private operators can be excluded from plying stage carriages on notified intra-State routes even if portions overlap inter-State routes, unless the scheme expressly allows otherwise.

1) Educational qualifications prescribed by the National Council for Teacher Education (NCTE) under its regulations cannot be superseded by State Government orders unless those orders are reasonable and not discriminatory.
2) The State Government has the authority to prescribe higher qualifications for admissions to training courses as long as they do not contradict the minimum standards set by the NCTE.

1) Section 17 of the Registration Act requires compulsory registration of deeds of partition involving immovable property.
2) An unregistered document, compulsorily registrable under Section 17, generally cannot be read as evidence of the transaction but may be admissible for collateral purposes such as explaining possession.
3) Established case law permits enforcement of family settlements and partitions where parties have acted upon the documents despite irregularities like non-registration, barring challenge on grounds of stamp duty or registration.

1) Employer’s right to reduce the age of superannuation under the Bombay Industrial Relations Act, 1946 and Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971.
2) Applicability and effect of the Textile Undertakings (Nationalization) Act, 1995 and National Textile Corporation (Maharashtra North) Limited Recruitment and Promotion Rules, 1985 on conditions of service including age of superannuation.
3) Jurisdiction of Labour Court and Industrial Court in disputes relating to termination by superannuation and unfair labour practices.

1) Order 1 Rule 10 CPC allows a plaintiff to add a party to a suit if the added party is necessary for effective adjudication.
2) Limitation for filing application under Order 1 Rule 10 CPC starts from the date when the party had knowledge of relevant facts necessitating the addition.
3) Evidence on affidavit forms part of record and knowledge of its contents is imputed to the party or counsel, triggering limitation period.

1) Condonation of delay in filing an application under Order 9 Rule 13 CPC requires the applicant to explain the delay with sufficient cause and materials.
2) Mere negligence or inaction of counsel does not automatically entitle the litigant to condonation of delay if the litigant has not made efforts to prosecute or inquire about the case.
3) While a liberal approach is to be adopted towards condonation of delay, vague, omnibus, or unsubstantiated allegations for delay cannot be grounds for condoning an inordinate delay, especially when disproved by cross-examination.

1) Section 3(G)(5) of the National Highways Act, 1956 deals with application for enhancement of compensation by either party to the acquisition.
2) Article 137 of the Limitation Act, 1963 allows for the computation of limitation period from the date the party has knowledge of the cause of action.
3) Courts adopt a liberal approach in condoning delay in land acquisition matters considering illiteracy and lack of legal knowledge of affected parties.

1) Section 6 of the Hindu Succession Act confers coparcenary rights by birth to daughters, treating them on par with sons.
2) Mutation entries do not confer title and cannot override statutory inheritance rights or claims pending legal challenge.
3) Joint family properties, even if not ancestral, are subject to partition claims by rightful coparceners upon intestate demise.

1) Territorial jurisdiction under the MRTU Act is not confined solely to the situs of the employee’s employment but includes places where a part of the cause of action arises, including the location of the employer’s principal office that makes decisions affecting employees.
2) Earlier Division Bench decision in GlaxoSmithKline Pharmaceuticals Ltd. holding situs of employment as sole factor is impliedly overruled by the Supreme Court in Nandram v. Garware Polyester Ltd., which recognized concurrent jurisdiction where cause of action arises in multiple places.
3) Principles of territorial jurisdiction under the Code of Civil Procedure, 1908 (Sections 16 to 21) regarding accrual of cause of action and concurrent jurisdiction are applicable to industrial adjudication under the MRTU Act in absence of specific provisions.

1) Under Order 6 Rule 17 CPC, no amendment shall be allowed after trial commencement unless due diligence is shown for not raising the matter earlier.
2) The court’s power to allow amendments is limited by the proviso to avoid multiplicity of litigation and to ensure finality, demanding accountability from litigants.
3) Amendments to written statements are generally allowed liberally, but they cannot alter the cause of action or change the nature of the suit post commencement of trial without satisfying the proviso’s stringent requirements.

1) Production of valid appointment letter is essential to establish an enforceable employment right.
2) Appointment outside recruitment rules (de hors rules) does not confer service rights enforceable by writ.
3) Mandamus to protect employment requires a legally recognized right, which is absent without regular appointment documentation.

1) Rule 7 of the Jammu and Kashmir Civil Services (Revised Pay) Rules, 2009 governs pay fixation for existing employees as on 01.01.2006.
2) Rule 8 of the same Rules governs pay fixation for fresh recruits appointed on or after 01.01.2006, specifying entry-level pay based on pay band and grade pay.
3) SRO 42 of 2011 provides revised grade pays for existing employees to remove anomalies in pay hierarchy but does not alter entry-level pay fixation for fresh recruits.

1) Summary Court Martial proceedings conducted in accordance with Army Act are entitled to limited judicial review, particularly regarding findings and sentencing.
2) The principle of proportionality limits judicial interference to cases where punishment is shockingly disproportionate or defies logic and reason.
3) Absence without leave for extended periods undermines military discipline, justifying severe punishment including dismissal under the Army Act.

1) A statutory rule or order made retrospective by competent authority operates as if it were in force from the retrospective date unless an exemption or saving clause applies.
2) Pay fixation of government employees appointed subsequent to the retrospective date of a new pay rule must comply with the revised pay matrix stipulated therein.
3) Reliance on previous tribunal decisions is subject to review if they are set aside by higher judicial authority.

1) To constitute abetment to suicide under Section 306 RPC, there must be intentional and active participation by the accused in the commission of suicide as defined under Section 107 RPC.
2) Mere sporadic matrimonial discord or habitual drinking by a husband, without evidence of persistent cruelty or instigation, does not amount to abetment of suicide.
3) In appeals against acquittal, where two reasonable views exist, the appellate court should not disturb the findings of the trial court, especially given the “double presumption” favoring the accused.

1) Section 482 of Bharitya Nagarik Suraksha Sanhita, 2023 empowers the court to quash or give directions in criminal proceedings, including anticipatory bail applications.
2) The Supreme Court guidelines in Arnesh Kumar v. State of Bihar and Satender Kumar Antil v. CBI mandate strict adherence by Investigation Officers/Trial Courts to prevent unnecessary arrest and ensure protection of personal liberty.
3) Courts may dispose of anticipatory bail applications with directions to investigation/trial authorities for compliance with precedent safeguarding accused’s rights.

1) Section 482 of the Bharitya Nagarik Suraksha Sanhita, 2023 empowers the court to grant anticipatory bail.
2) Guidelines in Arnesh Kumar v. State of Bihar (2014) and Satender Kumar Antil v. CBI (2022) govern arrest procedures and custodial protections.
3) Trial courts and investigating officers must strictly adhere to Supreme Court directions in cases involving anticipatory bail and arrest to prevent misuse of process.

1) Section 34(2) of the M.P. Excise Act, 1915 governs offences related to illicit liquor and prescribes penal consequences.
2) Principles governing grant of bail consider the nature and gravity of offence, antecedents of the accused, likelihood of tampering with evidence, and possibility of fleeing justice.
3) Self-incriminating statements made in police custody are not admissible as per the established law in Tofan Singh v. State of Tamil Nadu.

1) Recovery of amounts from retiral dues after retirement is governed by settled legal principles established by the Apex Court and High Court Full Bench decisions.
2) The decisions in State of Punjab vs. Rafiq Masih (2015 (4) SCC 334) and State of M.P. vs. Jagdish Prasad Dubey provide authoritative guidelines on the permissibility of such recoveries.
3) Administrative authorities must pass a well-reasoned and speaking order when deciding representations relating to recovery from retiral benefits, complying with the legal precedents.

1) Section 23(1-A) of the Land Acquisition Act, 1894 provides for additional compensation to landowners in land acquisition cases.
2) Section 23(2) of the Land Acquisition Act, 1894 mandates payment of Solatium as a statutory relief to the affected landowners.
3) Section 28 of the Land Acquisition Act, 1894 entitles landowners to interest on delayed compensation payments.

1) Section 23(1-A) of the Land Acquisition Act, 1894 provides for additional compensation in acquisition cases.
2) Section 23(2) of the Act mandates the grant of solatium as part of compensation for acquired land.
3) Section 28 of the Act entitles compensation recipients to interest on delayed payment of compensation.

1) Objections under Section 47 CPC to execution of an arbitral award lie within a narrow compass, limited to nullity or jurisdictional infirmity but not errors of fact or law.
2) Fraud vitiates all judicial acts, and courts have inherent power to set aside judgments or awards obtained by fraud or collusion, subject to proof.
3) The business judgment rule protects decisions of directors or officials made within a range of reasonableness without hindsight bias; courts should not substitute their judgment unless no reasonable person could have adopted the decision.

1) Criminal proceedings based on civil disputes can be quashed when they are deemed malicious and vexatious.

1) Consent for sexual intercourse must be voluntary and absence of consent is an essential ingredient to establish rape under Section 376 IPC.
2) A promise of marriage does not, by itself, amount to consent obtained under misconception of fact unless the promise is shown to be false from inception with mala fide intent.
3) The conduct of the complainant after the alleged incident, delay in lodging complaint, and prolonged association with the accused are relevant factors in assessing the credibility of rape allegations.

1) Section 222(2) BNSS 2023 permits a Public Prosecutor to file a complaint for defamation against certain public officials only in relation to conduct in discharge of public functions, subject to prior sanction.
2) Republication of defamatory statements attracts similar liability and legal consequences as the original publication, irrespective of license or ban status of the original source.
3) The Public Prosecutor filing a defamation complaint must independently apply mind and be satisfied of the existence of prima facie material disclosing an offence; mere government direction is insufficient.

1) In sexual offence cases, the testimony of the victim alone can suffice for conviction only if it is found to be credible, consistent, and reliable beyond doubt.

1) The writ of quo warranto is a discretionary remedy and can only be issued when the appointment to public office is contrary to statutory rules and the petitioner acts with utmost good faith.

1) An employee holding a post only in an incharge capacity does not acquire a vested right to continue in that post, and such a temporary arrangement can be revoked without infringing any legal right.

1) Principle of parity permits grant of bail to the accused when similarly situated co-accused have already been granted bail under similar circumstances.

1) Section 354 IPC requires proof of assault or criminal force to a woman with intent to outrage her modesty.
2) Section 448 IPC penalizes criminal trespass, requiring entry into property in possession of another with intent to commit an offence.
3) Criminal proceedings should not be used as a substitute to settle civil disputes; abuse of process can warrant quashing of FIR under Section 482 CrPC.

1) Rights and incidents of Rule 5 Shamilat Land holders are identical to those of proprietary landowners under J&K Revenue Laws.
2) Even in the absence of formal partition, a co-sharer in joint property may sell his share, subject to future partition claims.
3) Restrictions on issuance of revenue extracts must be supported by valid and sustained enquiry findings; arbitrary or indefinite restrictions violate property rights.

1) A contractor is entitled to receive payment for executed works from the government entity even if administrative approval was not obtained beforehand, provided liability is admitted.

1) Contractual employment does not confer any vested right or guarantee of continuation beyond the terms stipulated, especially where eligibility criteria were not met at the time of appointment.

1) In absence of a duly constituted Managing Committee, appointment and seniority disputes in aided schools cannot be adjudicated except by the competent administrative authority or the court directing appropriate administrative action.

1) The scope of review under Order 47 Rule 1 CPC is limited and cannot be used as an appeal to re-examine the merits of a judgment.
2) A review petition is maintainable only where there is an error apparent on the face of the record, new evidence, or other exceptional circumstances recognized by law.
3) Judicial precedent establishes that mere apprehension or dissatisfaction with a decision does not constitute grounds for review.

1) Recovery of excess salary payments from an employee requires proof of fraud, misrepresentation, or cheating on part of the employee.
2) Undertaking submitted by the employee is not a conclusive factor to justify recovery if there is no misrepresentation.
3) Previous Supreme Court judgments hold that without fraud or misrepresentation, recovery of excess payment is not warranted.

1) Adults entering into lawful marriage voluntarily have the right to live without harassment or threats.
2) Police authorities have a duty to provide protection when threatened married adults seek assistance, as per directions in Shakti Vahini vs. Union of India (2018).
3) Proof of age and marital status can be substantiated through documents like Aadhaar Card, mark sheets, and marriage photographs for the purpose of seeking protection.

1) Adults have a constitutional right to live together even outside wedlock under personal liberty guaranteed by the Constitution of India.
2) The Protection of Women from Domestic Violence Act, 2005 recognizes live-in relationships and provides protection to individuals in such relationships.
3) Police authorities have a duty to provide protection to individuals who face threats or violence, irrespective of familial opposition, to uphold their constitutional rights.

1) Principles of administrative law regarding the right to fair consideration in public employment selection processes.
2) Binding effect of precedent judgments on similar issues relating to selection and appointment in government schemes.

1) The principle of judicial precedent and binding effect of coordinate bench and division bench judgments on similar issues of selection and appointment under government schemes.
2) The requirement of a reasoned and speaking order when considering representations challenging selection process decisions.

1) Section 73-B of the Rajasthan Municipalities Act, 2009 empowers the Municipal Board to revoke allotment and cancel lease deeds or pattas issued even if registered, if obtained by fraud, misrepresentation, collusion, or in contravention of law.
2) Registered pattas or lease deeds are generally protected and can be challenged only before competent civil courts; however, specific statutory provisions like Section 73-B create an exception allowing municipal authorities to act against such pattas issued unlawfully.

1) Section 73-B of the Rajasthan Municipalities Act, 2009 empowers Municipal Boards to revoke allotment and cancel lease deeds, including registered pattas, if obtained by misrepresentation, fraud, or in contravention of law.
2) Registered sale deeds or pattas can be challenged or set aside only by a competent civil court unless specifically empowered by statute to be revoked by administrative authorities.

1) Administrative decisions regarding the location of public health facilities must be supported by valid and recorded reasons, especially when prior sanctioned plans exist.
2) Donation of land for public purposes coupled with official classification and sanctioning confers a legitimate expectation which cannot be arbitrarily disregarded by the State.

1) In tender matters, courts exercise judicial review to examine if rejection of a bid is patently arbitrary or dehors the terms of the tender notice.
2) The terms of a Notice Inviting Tender (NIT) must be clear and unambiguous, especially regarding mandatory documents and their issuing authorities.
3) Rejection of bids must be based on grounds explicitly stated at the time of rejection; belated or new grounds cannot be introduced subsequently to justify such rejection.

1) Section 23 of the Right of Children to Free and Compulsory Education Act, 2009, prescribes minimum qualifications including TET for teacher appointment.
2) The amendment dated 9th August 2017 to Section 23 allows teachers appointed before 31st March 2015 lacking minimum qualifications to acquire them within four years.
3) Possession of TET qualification within the extended time frame bars the validity of termination solely based on non-possession at appointment.

1) The Master Plan for Delhi (MPD) provisions distinguish between planned Local Shopping Centres (LSCs) permitting commercial use on upper floors and designated LSCs allowing mixed-use subject to payment of conversion charges.
2) Residential premises converted or constructed on upper floors in shop-cum-residential complexes require sanctioned plans and payment of conversion and penalty charges for regularization of excess Floor Area Ratio (FAR).
3) The authority of Monitoring Committees or Judicial Committees constituted by courts is limited and cannot override statutory provisions or replace individual adjudication with factual determination of use and sanction of premises.

1) Delay in delivery of an arbitral award, without satisfactory explanation, may vitiate the award if it adversely affects its fairness and finality, thereby conflicting with public policy under Section 34(2)(b)(ii) of the Arbitration and Conciliation Act, 1996.
2) An arbitral award that does not resolve disputes finally and alters parties’ positions irrevocably, forcing further litigation, is patently illegal and opposed to public policy and liable to be set aside.
3) Exercise of jurisdiction under Article 142 of the Constitution can be invoked to pass a just decree in arbitration disputes where the award is unworkable and setting it aside would lead to further protracted litigation.

1) Section 132 of the Bharatiya Sakshya Adhiniyam, 2023 guarantees confidentiality of professional communications between an advocate and client, subject to limited exceptions.
2) The power of investigation and summoning witnesses under Section 179 of BNSS does not permit overriding the statutory privilege conferred on advocates or infringing the right to legal representation under Articles 14, 19(1)(g), 20(3), and 21 of the Indian Constitution.
3) Professional misconduct of advocates is regulated through Bar Councils, while coercive disclosure of privileged information by investigative agencies without due process violates statutory and constitutional protections.

1) Under Section 139 of the Negotiable Instruments Act, a presumption arises that the holder of a cheque received it for the discharge, in whole or in part, of any debt or other liability, which the accused can rebut by raising a probable defense.

1) An appellate court has full power to review and reconsider evidence in appeals against acquittals but will interfere only if the acquittal is perverse, based on misreading of evidence, or no reasonable view other than guilt is possible.

1) The income of the deceased in fatal accident cases should be assessed based on the minimum wages applicable to a skilled worker, considering the circumstances of the case.

1) The lack of a valid Committee of Management during a specified period renders any consequential acts taken by the purported Committee, including appointments, illegal.

1) The registration of a second FIR for the same incident or transaction is impermissible in law unless it pertains to distinct incidents or disclosures of separate offences.

1) Claimants with permanent disabilities due to motor accidents are entitled to compensation for future prospects.

1) The statutory distance restrictions for the establishment of liquor shops are critical for safeguarding residential areas from negative impacts associated with such operations.

1) The requirement for conviction in a criminal case is the establishment of guilt beyond a reasonable doubt.
2) The principle of "benefit of the doubt" mandates acquittal if the evidence presented by the prosecution does not convincingly prove guilt.
3) Recovery of a weapon must be legally substantiated and cannot solely rely on the testimony of police officers without corroborating evidence.
4) Inconsistencies between witness statements and the contents of the FIR can significantly undermine the credibility of the prosecution case.

1) For kidnapping under Section 363 IPC, there must be taking or enticing a minor out of lawful guardianship without consent; mere voluntary departure by the minor without active participation or persuasion by the accused does not constitute kidnapping.

1) Powers and guidelines under Section 451 CrPC regarding the release of seized vehicles on Supurdnama.

1) The remedy against an order passed under Section 250 of the Chhattisgarh Land Revenue Code, 1959, lies in preferring an appeal under Section 44 of the Code, which requires obtaining a certified copy of the order.

1) Transfer of a government servant is a service exigency and cannot be challenged unless shown to be arbitrary, mala fide, or contrary to service rules.

1) Section 31(1)(a) of the State Financial Corporation Act, 1951 authorizes the Financial Corporation to seek attachment and sale of security property for realization of outstanding loan amounts.
2) Section 32(1), (4), and (5) prescribe a mandatory procedure for the District Judge to first pass an ad interim order of attachment, issue notice to the owner for cause, and then make the attachment absolute if no cause shown.
3) Non-compliance with the procedural safeguards under Section 32 renders the order of attachment unsustainable in law.

1) Rule 15(B) of Cabinet Order No. 578-C of 1954 governs devolution of interest in allotted land of displaced persons but does not address devolution of compensation under relief schemes.
2) Hindu Succession Act, 1956 is applicable for determining entitlement of daughters, including married daughters, to inheritance shares in compensation under government relief schemes.
3) The principle of natural justice requires an opportunity of hearing before passing orders affecting claimants’ rights under such compensation schemes.

1) The Essential Commodities Act, 1955 and the Targeted Public Distribution System (Control) Order, 2015 empower the government to regulate the supply and distribution of essential commodities through fair price shops.
2) The doctrine of legitimate expectation and promissory estoppel cannot override policy decisions made in public interest, especially in the context of essential commodities distribution and government licensing.
3) A license granted for operating a fair price shop is a privilege subject to regulatory conditions including renewal fees and age limits, which are reasonable and non-arbitrary when framed under statutory powers.

1) Validity and applicability of caste certificates issued without an expiry date in the context of reservation benefits under Reservation Rules, 2005.
2) Assessment of annual income as a precondition for issuance of OSC certificates impacting eligibility for reservation benefits.
3) Constitutional mandate for reservation to remedy social and economic backwardness under Articles 15(4) and 16(4) of the Constitution of India.

1) A contract or agreement without the consent or authority of the Government concerning Government property is void and cannot confer enforceable rights against the Government.
2) Writ jurisdiction under Article 226 of the Constitution of India is not the appropriate forum to adjudicate disputed and complicated questions of fact involving private contracts.
3) A party claiming compensation for assets or investments made must have privity of contract or a legally enforceable right against the respondent Government to claim compensation.

1) Civil Pension (Commutation) Rules, 1960 require submission of medical certificate and fulfillment of codal formalities for sanctioning commutation of pension.
2) Under Article 168-D of J&K Civil Service Regulations, if a retired employee dies before conclusion of departmental/judicial proceedings, he is treated as exonerated from charges.
3) Extraordinary circumstances such as nationwide lockdown due to COVID-19 may be relevant to excuse non-fulfillment of procedural requirements under pension rules.

1) A mere agreement for sale does not confer any enforceable right to prevent the transfer of registry in favor of a bona fide purchaser without notice.

1) Filing legal proceedings in the name of another person without their knowledge or consent constitutes an abuse of process and can lead to contempt of court.

1) Bail may be granted when the investigation is complete, and further detention is not necessary, especially considering the duration of judicial custody.

1) Anticipatory bail may be granted if the accused can establish a prima facie case demonstrating that custodial interrogation is not required and the nature of the allegation is civil in nature.

1) The legal obligation to pay maintenance constitutes a valid ground for attachment of funds, distinct from debts related to financial transactions.

1) A party must be given an opportunity of hearing before technical disqualification in a tender process is finalized.

1) Application of Section 64A of the NDPS Act permitting accused persons who are users of narcotic drugs or psychotropic substances to be treated in rehabilitation centres as an alternative to prosecution.

1) The burden of proving the age of the victim in trials under POCSO Act and related IPC provisions lies on the prosecution and must be supported by medical and documentary evidence.
2) Absence of recommended medical tests such as ossification to ascertain the victim’s age may lead to reasonable doubt regarding application of child protection laws.
3) Evidence indicating the victim’s adulthood negates applicability of child-specific criminal provisions like Sections 366A IPC and Sections 5(l)/6 POCSO Act.

1) Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 (corresponding to Section 439 CrPC) governs the grant of bail to accused persons.
2) The evidentiary value of multiple suicide notes, including verification status, impacts the application of bail in abetment of suicide cases.
3) Prolonged detention pending trial without conclusive evidence justifies the grant of bail under humanitarian grounds and legal prudence.

1) The scope of review petitions is limited and confined to errors apparent on the face of the record.
2) Re-arguing the merits of a matter is not permissible in a review petition.
3) Exceptional circumstances must exist for a review petition to succeed as held by the Supreme Court precedents.

1) Every adult citizen has the fundamental right to live with dignity and to protection of life under the Constitution, irrespective of religion or caste.
2) Police has a duty to protect individuals from threats or harassment, especially where threats arise from family or societal disapproval of inter-caste or inter-religious unions.
3) Supreme Court precedents (Lata Singh v. State of U.P. and Shakti Vahini v. State of M.P.) mandate preventive and punitive measures by the State against honor-based violence and harassment.

1) Habeas corpus petition allows court intervention in cases of unlawful confinement.
2) Concept of "Shaurya Didi" as a mentor for victims or persons in vulnerable situations aids in emotional and mental rehabilitation.
3) Courts can order protective and supportive measures post-release to ensure the victim’s well-being.

1) Transfer of government employees is an incident of service and can only be interfered with on grounds of malafide exercise of power or violation of statutory rules.
2) Courts generally do not interfere with transfer orders issued in the interest of public service or administrative exigencies under Articles 226 and 227 unless mala fide or illegal.
3) Compliance with Court’s directions to file detailed representation is mandatory before seeking judicial relief against transfer orders.

1) Fundamental right of adult individuals to marry voluntarily without harassment or threats.
2) Obligation of police authorities to provide protection upon credible threat to life or safety.
3) Precedent from Lata Singh v. State of U.P. and Shakti Vahini v. Union of India on safeguarding rights of consenting adults in marriage.

1) Articles 14 and 16 of the Constitution of India guarantee equality before law and equality of opportunity in public employment, prohibiting arbitrary reduction of sanctioned posts.
2) Judicial precedents including judgment dated 19.12.2018 in S.B. Civil Writ Petition No.14497/2017 and its affirmation in D.B. Special Appeal Writ No.414/2019 govern the legality of modification or reduction of sanctioned posts in employment matters.

1) The principle of judicial precedent requires lower courts and coordinate benches to follow the ratio of earlier judgments, especially those from a Division Bench of the same court.
2) Administrative authorities are duty-bound to decide representations in accordance with the settled legal position and provide reasoned and speaking orders.

1) State Pollution Control Boards can impose restitutionary and compensatory environmental damages under Sections 33A of the Water Act, 1974 and 31A of the Air Act, 1981 only after framing subordinate legislation with procedural safeguards.
2) In absence of statutory rules or regulations, guidelines issued by the Central Pollution Control Board lack legal force to impose Environmental Compensation and thus such imposition is without jurisdiction.

1) Suspension of sentence under Section 389 of the Code of Criminal Procedure and Section 430 of the BNSS Act, 2023, is discretionary and considers the nature of allegations, role of accused, and prospects of appeal.
2) Statements of co-accused and telephonic recordings constitute material to implicate an accused but require scrutiny especially when challenged or retracted.

1) Section 430 of BNSS empowers the court to suspend a sentence during the pendency of an appeal under certain conditions.
2) Suspension of sentence for a convicted accused involves consideration of factors such as nature of offence, likelihood of appeal hearing, custody period, and precedent in similarly situated co-accused cases.

1) Section 430 of the Code of Criminal Procedure empowers the court to suspend the execution of a sentence during the pendency of an appeal.
2) The Supreme Court’s guidelines in Sonadhar v. The State of Chhattisgarh and Saudan Singh v. The State of Uttar Pradesh establish that convicts who have undergone more than 10 years of sentence and whose appeals are not likely to be heard soon should ordinarily be granted bail unless there are exceptional circumstances.

1) Seniority and consequential service benefits must be extended to candidates placed higher in merit when lower merit candidates have been appointed earlier due to administrative delay.
2) Fresh cause of action allows petitioners to seek relief despite previous petitions and such claims are not barred by res judicata or improper constitution of the writ petition.

1) Order VII Rule 11(d) CPC empowers the court to reject a plaint if the suit is barred by any law, including arbitration agreements.
2) The existence of an arbitration clause does not automatically oust civil court jurisdiction; the court must determine arbitrability of the dispute.

1) A writ petition may be disposed of on the basis of a compromise between the parties settling all disputes involved.
2) The court may quash and set aside earlier orders if the parties’ settlement renders further adjudication unnecessary.

1) The contract of fire insurance indemnifies the insured against accidental fire losses and coverage must be interpreted broadly, excluding intentional or fraudulent causes.
2) The insured bears the burden of proof to substantiate the loss with contemporaneous documentary evidence maintained in the regular course of business.
3) Surveyor’s report is given due weight unless it is shown to be arbitrary, perverse, or contrary to the evidence and applicable law.

1) Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 can be denied if the offence is serious, trial is at an advanced stage, and possession of controlled substances is involved.