1) Personal liberty being paramount, bail may be granted even after arrest pursuant to non-bailable warrant issued due to accused's absconsion, subject to compliance with conditions ensuring fair trial and court attendance.

1) A party issued a notice for removal of encroachment must be afforded a reasonable opportunity to file a reply and present relevant documents before any coercive action is taken.

1) Bail can be granted to an accused in a sexual offence case when the victim turns hostile, no injury is found on the victim's body, and the final trial will take considerable time.

1) Eligibility for Scheduled Caste certificate benefits in the successor State post State reorganization is governed by Government of India circular dated 10.06.2025.

1) Code of Civil Procedure – Order II Rule 2 – Amendment of Pleadings – The provision bars subsequent suits claiming relief already claimed in an initial suit but does not bar amendments to pleadings to include additional reliefs required for effective adjudication of the real controversy.
2) Civil Procedure – Order VI Rule 17 – Courts are required to liberally allow amendments to pleadings before trial commencement to enable full and proper adjudication of issues and to avoid multiplicity of proceedings, unless the amendment introduces a time-barred claim, causes injustice or is otherwise malafide.

1) Criminal Procedure Code – Section 482 – Power of High Court to quash criminal proceedings is exercised if allegations in FIR or complaint do not prima facie constitute offence, are mala fide, frivolous, or abuse of process as per State of Haryana v. Bhajan Lal (1992 Suppl (1) SCC 335).
2) Criminal Procedure Code – Section 156(3) – Magistrate’s duty to investigate or order investigation upon complaint disclosing cognizable offence and issue reasoned order on such complaint; mere reliance on police status reports without considering objections is impermissible.

1) Arbitration and Conciliation Act, 1996 – Section 32(2)(c) – empowers an arbitral tribunal to terminate proceedings if continuation has become unnecessary or impossible, and such power can only be exercised after recording satisfaction based on material on record that proceedings have become futile or incapable of being performed.
2) Arbitration and Conciliation Act, 1996 – Sections 14 and 15 – The court’s power under Section 14(2) to terminate or appoint substitute arbitrator arises if arbitrator’s mandate stands unlawfully terminated or the arbitrator fails to act, with the procedural remedy requiring an application for recall of termination order before approaching the court.

1) Service – Engagement of Teachers – Government Order No. 919-Edu of 2018 – Retrospective cancellation of pending selection panels cannot impair candidates’ vested rights recognized by judicial orders.
2) Constitutional Law – Article 142 of the Constitution of India – Supreme Court’s power to issue binding directions to protect accrued rights and ensure justice in cases involving administrative policy changes affecting service appointments.

1) Legal Metrology Act, 2009 – Section 18 mandates declarations on pre-packaged commodities including MRP but prior to 2018 imposes no prohibition on differential MRPs on identical products.
2) Legal Metrology (Packaged Commodities) Rules, 2011 – Rule 18 and its 2017 amendment (effective 2018) introduced a bar on declaring different MRPs for identical commodities; before this amendment, differential pricing was legally permissible.

1) Criminal Procedure Code – Sections 227 and 228 – At the charge-framing stage, the court must form a prima facie opinion based on material on record whether the accused might have committed the offence; it cannot undertake a detailed appraisal of evidence or hold a mini-trial.
2) Unlawful Activities (Prevention) Act, 1967 – Sections 13, 18, 39, and 40(2) – Possession and dissemination of propaganda material and unaccounted currency in furtherance of terrorist conspiracy amount to offence under these sections; electronic and forensic evidence can substantiate conspiracy and association with banned terrorist outfits.

1) Service Law – Promotion – Delay and Laches – Claims for promotion that are stale or barred by limitation cannot be revived by repeated representations or belated departmental communications as per well-settled principles in service jurisprudence.
2) Limitation – Cause of Action – The disposal of representations relating to stale claims does not create a fresh cause of action for judicial review under statutory and constitutional law doctrines on limitation and delay.

1) Once a dispute is referred to arbitration under Section 89 CPC, the arbitration proceedings are exclusively governed by the Arbitration and Conciliation Act, 1996, and the Civil Court ceases to have jurisdiction to entertain the final award or pass a decree in the suit.

1) Arbitration and Conciliation Act, 1996 – Section 9 – Court’s power to grant interim measures to preserve assets or secure the amount in dispute during arbitration – The power is broader than the requirements of Order XXXVIII Rule 5 CPC and aimed at preventing the arbitral award from becoming ineffective.
2) Arbitration and Conciliation Act, 1996 – Sections 9 and 17 – Jurisdiction of Court and Arbitral Tribunal to grant interim relief – Post constitution of arbitral tribunal, Court’s jurisdiction under Section 9 is restricted except when the remedy under Section 17 by the Tribunal is not efficacious or enforceable, especially in cases of foreign-seated arbitration with assets in India.

1) Arbitration and Conciliation Act, 1996 – Section 9 – Courts’ power to grant interim protection to preserve assets to ensure effectiveness of arbitral award enforcement – Importance of demonstrating a strong prima facie case, balance of convenience, and likelihood of diminution of assets.
2) Arbitration and Conciliation Act, 1996 – Sections 9 and 17 – Jurisdictional interplay between Court and Arbitral Tribunal in granting interim relief – Section 9(3) restricts Court’s power after tribunal constitution unless remedy under Section 17 is ineffective or unenforceable.

1) Service Law – PMC Service Rules, 2014 and 2023 Amendment – Once a recruitment or promotion process has commenced under existing rules, the eligibility criteria and selection procedure cannot be altered to the detriment of eligible candidates without statutory or rule-based sanction.
2) Constitutional Law – Articles 14 and 16 – The doctrine of legitimate expectation and non-arbitrariness mandates fairness, transparency, and consistency in public employment promotion processes; sudden changes in rules undermining ongoing recruitment violate equality and fair opportunity principles.

1) Maharashtra Co-operative Societies Act, 1960 – Section 21A – De-registration of Societies – The Registrar's power to de-register a society is limited to specific grounds including misrepresentation at the time of registration, and cannot be exercised based on events occurring post-registration or mere errors of judgment.
2) Jurisdictional Principle – Article 227, Constitution of India – Supervisory jurisdiction of the High Court under Article 227 is limited and cannot be exercised to correct every error of fact or law where the final decision is justifiable, especially in matters concerning administrative actions such as society registration.

1) Consumer Protection Act, 2019 – Section 34 and Limitation – Principles governing condonation of delay in filing complaints before consumer forums where the initial complaint was filed in a forum without jurisdiction.
2) Limitation Act, 1963 – Section 14 & Section 5 – Conditions for exclusion of time where a bona fide proceeding is instituted in a wrong court and discretion to condone delay based on sufficient cause.

1) Tenancy Law - Maharashtra Tenancy and Agricultural Lands Act, 1948 - Section 32G - Orders under Section 32G fixing purchase price in the name of a tenant do not confer exclusive ownership if the tenant is acting as Karta of a Hindu joint family; such orders are subject to civil court's jurisdiction to ascertain exclusive or joint ownership.
2) Civil Procedure - Jurisdiction of Civil Courts - Exclusivity of Tenancy Authorities' jurisdiction under Tenancy Act is limited to tenancy matters; civil courts have exclusive jurisdiction to decide the question of joint family property and exclusive ownership among family members.

1) Constitutional Law – Articles 19 and 21 of the Constitution of India – Fundamental rights of freedom of speech, expression and right to live with dignity protect citizens against arbitrary externment orders that suppress legitimate democratic expressions.
2) Maharashtra Police Act, 1951 – Section 56(1)(a) and (b) – Empowers authorities to pass externment orders only where movements cause alarm, danger or harm, or there are reasonable grounds to believe a person is engaged or about to engage in offences involving force or violence as specified under IPC chapters XII, XVI, XVII.

1) Motor Vehicles Act, 1988 – Section 166 – Claims Tribunal’s authority and procedure for awarding compensation to victims of motor vehicle accidents; assessment of negligence and insurer’s liability.
2) Workmen’s Compensation Act – Principle against double recovery – Compensation awarded under the Workmen’s Compensation Act cannot be deducted from the Motor Vehicles Act compensation unless it is proved that claimants actually received such amount towards loss of income.

1) Land Acquisition Act, 1894 – Section 18 – Reference proceedings require claimants to prove inadequacy of compensation; the reference court can consider evidence adduced before it and is not bound by the original Award.
2) Land Acquisition Act, 1894 – Interest on Compensation – A statutory claim for interest can be claimed at any stage of the proceedings and is payable from the date possession is taken.

1) Industrial Disputes Act, 1947 – Section 25-F – Mandates prior compliance of conditions before retrenchment, including notice and compensation, ensuring protection to workmen against illegal termination.
2) Labour Law – Definition of “Industry” – Application of the “Triple Test” (Bangalore Water Supply and Sewerage Board v. A. Rajappa) to determine whether an establishment engaged in agricultural and allied activities qualifies as an industry under the Industrial Disputes Act.

1) Hindu Succession Act, Section 6 (as amended) – Children born out of void marriage are granted legitimacy and rights in the property of their parents, but cannot claim partition during the lifetime of the parent.
2) Civil Procedure Code, Order I Rule 10 – Requirement and parameters for impleading parties necessary for adjudication of a dispute, especially when safeguarding an interest in property rights.

1) Arbitration and Conciliation Act, 1996, Section 11(6-A) – Judicial Scope – The Court’s role at the stage of appointing an arbitrator is confined to a prima facie examination of the existence of an arbitration agreement and should not delve into substantive issues such as limitation or the validity of the arbitration agreement beyond formal requisites.
2) Limitation Act, 1963, Article 137 – Limitation for Section 11 Applications – The three-year limitation period for filing an application under Section 11(6) of the Arbitration Act begins from the date of a valid notice invoking arbitration under Section 21 and not from the accrual of the substantive dispute; the referral court may only examine this limitation aspect strictly.

1) Insolvency Law - Presidency-Towns Insolvency Act, 1909 - Sections 2(a), 6, 9, 12, 17, 46, 48, 49, 53 - Creditor’s Claim - The Act’s inclusive definitions and provisions confer on the official assignee power to adjudicate claims and admit or reject debts based on proof, without requiring prior decree or final adjudication order, preserving creditors’ rights to participate post-adjudication order.
2) Procedure - Presidency-Towns Insolvency Act, 1909 - Sections 17, 18, 21, 48, 86 - Pending Proceedings - Pending legal proceedings by creditors at the time of insolvency adjudication remain under the jurisdiction of competent forums; official assignee cannot transfer or adjudicate such proceedings but must consider outcomes of final adjudication before distribution of dividend.

1) Constitutional Law – Article 300A – Right to Property – Deprivation of property must be by ‘authority of law’ and accompanied by justifiable compensation, and cannot be by executive fiat – Important for validating redevelopment actions by MHADA with due safeguards and statutory backing.
2) Urban Planning & Development – Maharashtra Regional and Town Planning Act, 1966 – Section 154 and Development Control and Promotion Regulations (DCPR) 2034, Regulation 33(5) & 33(9) – Authorizes State Government and MHADA to issue directions and regulate redevelopment including cluster redevelopment without individual consent where MHADA owns land – Validates impugned GRs and cluster redevelopment scheme.

1) Withdrawal of a Letter of Intent issued under the terms of Dealer Selection Guidelines for Retail Outlets is permissible if the site offered does not satisfy the mandatory eligibility criteria prescribed therein.

1) Proceedings under Section 250 of the Chhattisgarh Land Revenue Code are maintainable only if the application is filed within two years of dispossession and the essential statutory requirements are satisfied.

1) Compensation under the Circular dated 10.09.2018 is limited to electrical accidents occurring up to the consumer’s metering point and does not cover incidents arising within the consumer’s internal electrical installations or domestic premises.

1) The power of clemency under Article 161 of the Constitution is a constitutional power distinct from statutory remission under Section 433-A Cr.P.C., and its exercise is amenable to limited judicial review only for arbitrariness, mala fides, or non-application of mind.

1) A trial court may order the change of custody of an undertrial prisoner from one jail to another based on factors including family convenience and assistance in trial, irrespective of the family’s residence within the court’s jurisdiction.

1) Preventive detention orders must be passed promptly and not with undue delay to validly serve the object of preventing activities prejudicial to public order.

1) Motor Vehicles Act, 1988 – Section 166(3) – Limitation period for filing claim applications – Whether delay in filing claims is subject to condonation or strict six-month limitation applies.
2) Motor Vehicles Act, 1988 – Section 159 and Central Motor Vehicles Rules (Annexure XIII, Clause 21) – Statutory duty of police to forward first accident report and Detailed Accident Report to Claims Tribunal – Effect of non-submission on maintainability of claim applications.

1) Motor Vehicles Act, 1988 – Section 166(3) – Prescribes a six-month limitation period for filing claim applications to the Claims Tribunal; the question arises whether this limitation period bars condonation of delay or extension of time.
2) Central Motor Vehicles Rules, 1989 – Rule (Clause 21, Annexure XIII) – Obligates the police to submit First Accident Report (FAR) and Detailed Accident Report (DAR) to the Claims Tribunal; non-submission affects the claim filing process under Section 159 and Section 166(4) of the Motor Vehicles Act.

1) Criminal Procedure – BNS, 2023, Section 483 – Bail – The provision governs the grant of bail and the conditions attached thereto in cases involving offences under BNS and allied Acts.
2) Juvenile Justice and Protection – Protection of Children from Sexual Offences (POCSO) Act, 2012 – Sections 5(L)/6 – Makes offences dealing with sexual assault on minors and prescribes stringent measures in grant of bail in such cases.

1) Criminal Procedure – Section 482 of BNSS – It confers inherent powers on the Court to grant anticipatory bail in appropriate cases to prevent abuse of criminal process and protect liberty where allegations appear to be mala fide or retaliatory.
2) Evidence Preservation and Public Interest – Sting operations and dissemination of evidence to authorities in public interest journalism may preclude allegations of criminal conspiracy and extortion if bona fide reporting to authorities preceded FIR registration.

1) Criminal Procedure Code – Section 483 – Bail – Bail application consideration after charge-sheet filing and custody period, balancing investigation completeness with possibility of misuse of liberty.
2) Bharatiya Nyaya Sanhita, 2023 – Sections 140(3), 64(2)(M), 351(3) – Offences involving abduction, sexual assault, and threat – Seriousness of offence relevant to bail grant but not absolute bar.

1) Criminal Procedure Code – Section 483 of BNSS, 2023 – Bail – Criteria for granting bail include completion of investigation, filing of charge-sheet, absence of criminal antecedents, and assurance of presence during trial.
2) Criminal Law – Offences under Bharatiya Nyaya Sanhita – Right to bail is not barred merely by grave charges; custodial detention must be balanced with considerations of fairness and likelihood of trial attendance.

1) Criminal Procedure – Section 439, Cr.P.C. (analogous Bhartiya Nagarik Suraksha Sanhita, 2023 Section 483) – Bail – Bail can be granted in serious offence cases based on factors such as the strength of evidence, antecedents, duration of custody, and parity with co-accused persons.
2) Evidence – Circumstantial Evidence – The nature and weight of circumstantial evidence and whether it connects the accused to the crime are critical considerations in bail applications for serious offences.

1) Civil Procedure - Order XLI Rule 33 of CPC - Appellate courts have the power to pass any decree necessary for complete justice, including granting relief in favor of a party who has not filed an appeal or objection.
2) Hindu Marriage Act, 1955 - Section 27 - Courts have jurisdiction to make just and proper provisions regarding property presented at or about the time of marriage between husband and wife during matrimonial proceedings.

1) Indian Stamp Act, 1899 – Article 25, Schedule 1-A Explanation – For conveyances executed by or on behalf of the Government, the market value shall be the value shown in the instrument and stamp duty must be charged accordingly, not on guideline or independently assessed market values.
2) Indian Stamp Act, 1899 – Sections 40 and 48 – Powers to demand deficit stamp duty and impose penalty can be exercised only after forming objective satisfaction based on lawful valuation; statutory appeal provisions must be strictly construed and executive instructions cannot override statutory explanations or apply retrospectively.

1) Judicial Process – Adjudication – Use of AI-generated materials as precedents without verification amounts to a fundamental breach of judicial integrity and the rule of law, rendering decisions no decisions in law.
2) Constitutional Law – Judicial Discipline and Ethics – Courts must maintain strict human oversight in the application of AI in judicial decision-making and enforce zero tolerance toward reliance on hallucinated or non-existent AI-generated legal materials.

1) Recovery of excess payments from retired or soon-to-retire Group-C employees beyond five years is impermissible in law where there is no misrepresentation by the employee.

1) Principles of departmental justice and equity entitle employees dismissed under similar charges acquitted in criminal proceedings to reinstatement and consequential service benefits.

1) Arrest of persons accused of offences punishable with imprisonment up to seven years cannot be made without proper satisfaction of necessity as per Arnesh Kumar guidelines, failing which it may constitute contempt of Court.

1) Indian Penal Code – Sections 302, 324, 201 – Conviction requires credible ocular evidence corroborated by motive and medical evidence indicating cause of death and injuries consistent with prosecution story.
2) Evidence – Related Witness – Relationship to deceased does not render eyewitness testimony unreliable if evidence is consistent, natural, and corroborated by other evidence.

1) Criminal Law – Indian Penal Code, Section 302/34 – Conviction for Murder – Reliance on related witnesses’ testimonies – The relationship of witnesses to the deceased does not render their evidence unreliable per se; credibility and cogency of evidence govern admissibility and weight.
2) Evidence – Related Witnesses – Requirement of Corroboration – Relatedness alone does not discredit testimony; absence of motive to falsely implicate and natural presence at the crime scene support reliability of evidence.

1) Indian Penal Code; Sec 302 and Sec 201 – Last Seen Together Theory – Conviction based solely on this theory requires cogent, consistent, and reliable evidence forming a complete chain of circumstances pointing unerringly towards the guilt of the accused.
2) Evidence Act; Sec 106 – Burden of Proof – The initial burden is on the prosecution to prove the fact of last seen together with the deceased before the burden of proof shifts to the accused for explanation; mere non-explanation by accused is insufficient for conviction without corroborative circumstances.

1) Criminal Law – Indian Penal Code Sections 364, 420, 468 – The principle that last seen theory alone, without corroborative evidence, is insufficient for conviction and requires additional connecting circumstances; the burden of proof primarily rests with the prosecution.
2) Evidence Act, Section 106 – The burden of proving the circumstances that would shift or relieve proof burden on the accused arises only after prosecution discharge of its initial burden; presumption of guilt cannot be solely based on last seen evidence.

1) Evidence – Testimony of Close Relatives – A close relative cannot be termed an "interested" witness simply due to relationship; their evidence must be scrutinized carefully but can alone sustain conviction if found reliable (Doctrine affirmed in Namdeo v. State of Maharashtra, 2007 AIR SCW 1835).
2) Criminal Law – Section 302 IPC – Murder – Identification of accused at early hour in natural setting, including proximity and familiarity of witnesses with accused, holds significant weight in establishing guilt beyond reasonable doubt (referencing Nathuni Yadav v. State of Bihar, 1998 (9) SCC 238).

1) Indian Penal Code - Section 34 - Common Intention – Requires proof of a prearranged plan and prior concert between accused persons for conviction under Section 34 IPC.
2) Criminal Law - Proof and Suspicion – Suspicion, however strong, cannot take the place of proof; conviction must be based on clear and cogent evidence beyond reasonable doubt.

1) Criminal Law – Dying Declaration – Reliance and Admissibility – The dying declaration is admissible evidence and can be sole basis for conviction if it inspires full confidence as truthful, voluntary, and free from tutoring or prompting, as per principles laid down in Laxman v. State of Maharashtra and Krishna Kumar v. State of Haryana.
2) Indian Penal Code, Section 498A – Cruelty – Liability – An accused must have direct involvement in the cruelty for conviction under Section 498A; mere relationship or proximity does not suffice, corroborated by site plan evidence and facts regarding separate residence.

1) Criminal Law – Indian Penal Code, Sections 147, 148, 302, 149 – Conviction must be based on direct or cogent circumstantial evidence beyond reasonable doubt; enmity and suspicion alone are insufficient for conviction.
2) Evidence – Appreciation of Evidence – Principle that suspicion, however strong, cannot take place of proof; evidence must be read in totality including cross-examination; benefit of doubt must be given if prosecution fails to prove guilt beyond reasonable doubt.

1) Maharashtra Village Panchayats Act, 1959 – Section 14(1)(g) – Disqualification arises if a Panchayat member has direct or indirect share or interest in any work or contract done by or on behalf of the Panchayat.
2) Maharashtra Village Panchayats Act, 1959 – Section 39 – Removal of a member on grounds of misconduct or irregularity in the performance of duties is a separate remedy and not covered under disqualification provisions of Section 14(1)(g).

1) Labour Law – Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 – Section 28(1) and Schedule IV, Items 1(a), (b), (d), (f) and (g) – Proof of misconduct in domestic enquiry relies on preponderance of probabilities, not beyond reasonable doubt, and findings based on some credible evidence cannot be held perverse.
2) Labour Law – Domestic Enquiry – Evidence Evaluation – Courts and Tribunals exercising revisional jurisdiction must not re-appreciate evidence or substitute their view if there is some acceptable evidence supporting the findings; perversity arises only when there is no evidence or wholly unreliable evidence.

1) Civil Procedure Code – Order VII, Rule 11 – Rejection of plaint on limitation ground – Only the averments in the plaint are to be considered, defense pleas in written statement are irrelevant at this stage.
2) Limitation – Cause of action arises only when actual infringement occurs – Tenancy suit limitation period runs from the date cause of action arises, not from earlier related suits or events.

1) Maharashtra Co-operative Societies Act, 1960 – Section 154B-8(2) imposes a mandatory duty on the society to furnish copies of demanded documents to a member within 45 days of receipt of a written request and payment of prescribed fees.
2) Maharashtra Co-operative Societies Act, 1960 – Section 154B-23(1)(iii) provides that failure to comply with Section 154B-8(2) without reasonable cause results in disqualification of a committee member from holding office or being reappointed or elected for a period of five years.

1) Arbitration and Conciliation Act, 1996 – Section 9 – Jurisdiction to grant interim relief is predicated upon the arbitrability of the underlying dispute; if the dispute is non-arbitrable and falls within the exclusive jurisdiction of a special forum like Small Causes Court, such relief cannot be granted.
2) Provincial Small Cause Courts Act, 1887 – Section 26 and Section 41 – Disputes “relating to recovery of possession” between licensor and licensee/landlord and tenant fall within the exclusive jurisdiction of Small Causes Courts and are non-arbitrable, covering not only possession but all reliefs connected to that relationship.

1) Real Estate (Regulation and Development) Act, 2016 – Section 79 – Bars jurisdiction of Civil Courts to entertain matters which the Authority or adjudicating officers under the Act are empowered to determine, preventing parallel litigation and exclusive remedy through RERA authorities.
2) Real Estate (Regulation and Development) Act, 2016 – Sections 2(d), 3(2)(c), 31, and 88 – Definition of ‘allottee’, applicability of RERA to redevelopment projects, rights of aggrieved persons to file complaints, and RERA being in addition to other laws, clarifying scope and limitation of Relief exclusive to RERA authorities.

1) Real Estate (Regulation and Development) Act, 2016 – Section 58 – Delay in filing appeals – Condonation of delay requires satisfaction of “sufficient cause” showing bona fide and due diligence by the appellant in prosecuting the appeal.
2) Limitation and Relief – Principles governing condonation of delay – Courts and Tribunals adopt a liberal, pragmatic, and justice-oriented approach but require explanation, not excuses, distinguishing bona fide inaction from negligence or deliberate delay.

1) Maharashtra Nurses Act, 1966—Section 15—Appointment of Registrar requires prior sanction of State Government but the appointment is to be made by the Council; State Government has no power to appoint or give charge independently.
2) Writ of Quo Warranto—Public Office—Any citizen can challenge usurpation of public office without special personal interest; appointment must comply with statutory prescriptions to be valid.

1) Constitutional Law – Local Authorities – Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965, Section 341-B-5 – No Confidence Motion procedure requires the Collector to conduct enquiry and convene meeting upon requisition of at least half the councillors, independent of other internal group disputes.
2) Local Authority Rules – Maharashtra Local Authority Members’ Disqualification Act, 1986 and Rules, 1987 – Disqualification proceedings for violation of whip must be within authority and confined to the applicable context; internal group rules (Aaghadi Rules) govern change of Groupleader by majority election where no tenure or specific removal process is prescribed.

1) Service Law – Maharashtra Civil Service (Revised Pay) Rules, 2009, Rule 10 – Provides for uniform annual increment on 1st July for employees who have completed six months or more of service as on that date, affecting pension calculations.
2) Pension Law – Retiral benefits to be recalculated by including increments earned prior to retirement to ensure correct pension entitlements under state service rules.

1) Service – Maharashtra Civil Service (Revised Pay) Rules, 2009 – Rule 10 prescribes a uniform date for annual increment and entitlement criteria based on completion of six months’ service as of 1st July.
2) Pension – Retirals – An employee completing six months’ service during the pay cycle before retirement is entitled to the annual increment for pension calculation purposes as per settled judicial precedent including Supreme Court rulings.

1) Service – Maharashtra Civil Service (Revised Pay) Rules, 2009, Rule 10 mandates a uniform date for annual increment (1st July), granting increment to employees serving six months or more as of that date, critical for pension computation.
2) Pension – Pensionary benefits must be recalculated including the annual increment earned prior to retirement for employees who meet the six months service criterion under Government Resolution dated 26.12.2011.

1) Civil Procedure Code, Order XLI Rules 23, 23-A, and 25 – Appellate power of remand – Distinction between remand on preliminary points (Rule 23), remand when re-trial is necessary (Rule 23-A), and framing additional issues and retaining appeal for final determination (Rule 25) – The appellate court must retain appeal when essential issues are framed for re-trial rather than remanding under Rule 23-A which prolongs litigation.
2) Specific Relief Act, 1963, Section 41(h) – Perpetual injunction – The maintainability and efficacy of a suit for injunction simpliciter depends on the existence of possession or the ability to enforce possession; withdrawal of claim for possession while seeking injunction may render injunction relief without efficacy.

1) Hindu Law – Hindu Undivided Family – Existence and characterization of ancestral property – Burden on claimant to prove ancestral nucleus of HUF and nexus to acquisition of properties – Without foundational evidence, no presumption of HUF property arises – Established in D.S. Lakshmaiah v. L. Balasubramanyam and Angadi Chandranna v. Shankar.
2) Indian Succession Act, 1925 – Section 213 – Probate of Wills – Registered Wills by Hindus need not mandatorily be probated but validity may be questioned before competent Testamentary Court – Court cannot simultaneously uphold and repudiate testamentary documents without evidence – Reference to Ravinder Nath Agarwal v. Yogender Nath Agarwal and N. Thajudeen v. Tamil Nadu Khadi and Village Industries Board.

1) Government departments are bound by the same limitation laws as private parties, and condonation of delay requires a sufficient cause with bona fide explanation; routine bureaucratic delays do not justify condonation.

1) Absconding by accused during investigation disentitles them from seeking quashing of FIR on the basis of co-accused’s acquittal.

1) Competent revenue authorities’ orders directing removal of encroachments under Section 244 of the Chhattisgarh Land Revenue Code impose a mandatory duty on local Gram Panchayat authorities to initiate and effectuate such removal.

1) The requirement of ‘sufficient cause’ under Section 5 of the Limitation Act for condonation of delay must be supported by adequate, convincing, and bona fide reasons, failing which the delay cannot be condoned even if caused by a government entity.

1) Preventive Detention – Jammu & Kashmir Public Safety Act, 1978, Section 8 – Procedures and safeguards entitle a detainee to make a representation which must be forwarded to the Advisory Board for consideration to ensure legality and validity of the detention order.
2) Constitutional Law – Article 226 of the Constitution of India – Writ of Habeas Corpus – Preventive detention orders can be challenged on grounds of procedural irregularities and absence of independent application of mind by the detaining authority, ensuring protection against unlawful deprivation of liberty.

1) Preventive Detention – Public Safety Act, 1978 and Chapter IX BNSS – The detaining authority must demonstrate independent application of mind and compelling reasons why security proceedings under BNSS are inadequate to prevent activities prejudicial to public order before invoking PSA.
2) Constitutional Law – Article 22(5), Constitution of India – Procedural safeguards require that grounds of detention must be communicated to the detainee in a language understood by him and within the stipulated timeline to enable effective representation.

1) Qualifying in recruitment tests and appearing in the merit list does not confer an absolute right to appointment if the employer cancels the process on bona fide grounds attacking its integrity.

1) The scope and limitations of the revisional jurisdiction of a High Court in family maintenance cases under Section 144 BNSS.

1) Constitutional Law – Articles 14 and 21 – Principles of Natural Justice – Any order of externment must adhere to principles of reasonableness, fairness, and provide opportunity for the affected person to be heard before finalizing the order.
2) Administrative Law – Writ of Certiorari – The power to quash an administrative order (externment notice) is exercisable if the order is arbitrary, illegal, or made in violation of fundamental rights, including denial of the opportunity to be heard.

1) Criminal Procedure – Anticipatory Bail – Sections 438 of the Code of Criminal Procedure (analogous principles applied) and related provisions of the Bharatiya Nyaya Sanhita, 2023 – anticipatory bail can be granted when the investigation is complete, charge sheet filed, no direct incriminating material against the petitioner, and conditions imposed to secure cooperation and prevent interference with investigation.
2) Evidence – Telephone Conversation Recordings – Admissibility and importance of electronic evidence – Investigation must include available material like recorded telephone conversations to establish or dispel incriminating involvement, and police must investigate these thoroughly as part of the charge sheet preparation.

1) Constitutional Law – Article 226 – Writ Jurisdiction – The High Court’s writ jurisdiction is circumscribed when a special statute provides an effective alternate remedy, mandating exhaustion of that remedy before invoking Article 226.
2) SARFAESI Act, 2002 – Section 17(1) – Provides a complete code for challenging actions taken under the Act, specifically enabling aggrieved parties to file appeals before the Debt Recovery Tribunal (DRT), thereby excluding writ jurisdiction in normal circumstances.

1) Criminal Procedure – Section 483 of BNSS, 2023 empowers courts to grant bail pending trial, balancing nature of offence, evidence, and conduct of accused.
2) Prevention of Corruption Act, 1988 (Amended 2018), Section 7(a) – Addresses punishment for demanding or accepting bribe; bail considerations include the gravity of offence and investigation progress.

1) Constitutional Law – Article 21 – Right to Speedy Trial – The right to a speedy trial is an essential component of the right to life and liberty under Article 21 of the Constitution and overrides statutory restrictions denying bail when the trial is unduly delayed without fault of the accused.
2) Criminal Procedure – Prevention of Money Laundering Act, 2002 – Section 45 – Although Section 45 imposes stringent conditions for grant of bail under PMLA, these statutory provisions cannot oust the constitutional power of courts to grant bail to prevent pre-trial detention amounting to punishment in cases of prolonged incarceration and delayed trials.

1) PMLA – Section 66(2) – Disclosure of Information – Authorizes the Director or any other specified authority to share information with concerned agencies if, in their opinion, any other law is contravened, enabling investigation beyond PMLA offences.
2) UAPA – Sections 13, 17, 18 – Unlawful Activities, Raising Funds for Terrorist Acts, and Conspiracy – Allows punishment for acts supporting unlawful activity, funding terrorism, and conspiracy to commit terrorist acts, requiring only prima facie material to justify investigation.

1) Companies Act, 1956 & 2013 – Sections 248(5), 250, 450, 456, 457 – Effect of Strike Off, Dissolution, and Appointment of Provisional Liquidator on Company’s Legal Existence and Management – A company struck off and dissolved ceases to exist and loses juristic personality; its Directors cease to control or maintain the Company’s accounts and affairs, transferring authority to the Liquidator.
2) Negotiable Instruments Act, 1881 – Section 138 and Section 141 – Liability for Dishonour of Cheque – Liability arises only if the drawer has control over an active account maintained by him at the time of offence; a Director can be held liable only if the company exists or in exceptional cases where the company cannot be prosecuted due to a legal impediment.

1) Claims for compensation arising from actions of dissolved universities can be considered and redressed through the Administrator appointed by the State.

1) Release of sanctioned arrear salary based on approved office order obliges the employer to make payment without interest.

1) The exercise of police powers must adhere to due process of law and must not arbitrarily harass individuals without a case or proceeding being registered.

1) A prior order disposing of a related writ petition may preclude further consideration of subsequent applications on the same subject matter.

1) An application becomes infructuous and requires no further consideration once a prior order has been passed disposing of the subject matter.

1) The duty of the recruiting authority to reconsider or review the case of a candidate where procedural delays and lack of NOC result in loss of employment despite no culpable negligence attributable solely to the candidate.

1) Criminal Procedure – Bail – Section 14-A(2) of The Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act, 1989 – Bail can be granted during trial where there is insufficient evidence and prolonged custody likely.
2) Evidence – Role of CCTV footage and Independent Witnesses’ Statements – Absence of corroborative evidence such as clear CCTV proof and recantation by witnesses weakens prosecution’s case impacting bail considerations.

1) Criminal Procedure Code, 1973 – Section 125(3) – Limits the Magistrate’s power to sentence a maintenance defaulter to imprisonment for a maximum of one month for each application relating to default in maintenance payment.
2) Execution of Maintenance Orders – Prolonged confinement or enhanced sentence beyond one month requires a fresh application and cannot be ordered under the same execution proceeding.

1) Service Law – Recruitment Policy – The prescription of essential educational qualifications for a public post is a matter of recruitment policy exclusively within the domain of the employer and is not subject to judicial equivalence determination.
2) Constitutional Law – Articles 14 & 16 – Recruitment advertisement and eligibility conditions must be strictly adhered to; disregarding explicit advertised qualifications prejudices other candidates and violates the constitutional guarantee of equality and fairness.

1) Criminal Law – Bharatiya Nagarik Suraksha Sanhita, 2023, Section 187(3) – Default bail arises only when the charge-sheet is not filed within the prescribed period; mere non-filing of additional copies or documents does not trigger entitlement to default bail.
2) Criminal Law – Bharatiya Nagarik Suraksha Sanhita, 2023, Sections 193(8) and 230 – Filing of charge-sheet in proper form within time extinguishes default bail right; supply of copies is directory, not mandatory for default bail.

1) Service Law – Election Law – Gujarat Municipalities (Conduct of Elections) Rules, 1994 (as amended in 2005), Rule 7A – Candidates are required to disclose details of assets including those owned by themselves, their spouse, and dependents; non-disclosure of spouse’s solely owned property is a violation of mandatory disclosure requirements.
2) Criminal Procedure Code – Section 465 CrPC – An error or irregularity in cognizance by a Magistrate is a curable defect unless it causes failure of justice; taking cognizance under a wrong section does not vitiate proceedings if the court has jurisdiction over the offence.

1) Civil Procedure Code, 1908 – Order VII Rule 11(d) – Permits rejection of plaint where the suit appears from the plaint itself to be barred by law, enabling courts to terminate obviously barred suits at the threshold to prevent abuse of judicial process.
2) Limitation Act, 1963 – Article 54 – Provides a three-year limitation period for suits seeking specific performance of contracts, commencing from the date when the right to sue accrues.

1) Municipal Law – Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 and Bye-Laws, 2018 – Imposes obligation on local authorities to identify vending zones, provide basic amenities, regulate street vending, and ensure compliance with licensing and grievance redressal mechanisms.
2) Constitutional Law – Administrative Law – Doctrine of Legitimate Expectation and Reasonableness – Directions for timely disposal of appeals and effective enforcement measures must be implemented to protect the livelihood of street vendors while ensuring public order.

1) Civil Procedure Code, 1908 — Order XXIII Rule 3 — Compromise of suit requires a written agreement signed by the parties, and the court must be satisfied of such lawful compromise for passing a decree.
2) Civil Procedure Code, 1908 — Order XXIII Rule 3 — An advocate cannot enter into a compromise on behalf of a client without express authorization or exigent circumstances; absence of such authorization renders the compromise void.

1) Motor Vehicle Act, 1988 – Compensation – Section 166 – Assessment of annual income for self-employed individuals should consider the average income shown in ITRs for up to the preceding three years along with relevant business factors for just and fair compensation.
2) Motor Vehicle Act, 1988 – Compensation – Section 166 – For salaried individuals, annual income may be assessed from the ITR of immediately preceding year; multiplier and deductions must align with established judicial precedents to fairly estimate loss and dependence.

1) Criminal Law – Code of Criminal Procedure, 1973 – Sections 209 and 244 – The Magistrate’s limited role at the committal stage for offences triable exclusively by the Sessions Court does not mandate recording of prosecution evidence under Section 244 CrPC.
2) Criminal Law – Code of Criminal Procedure, 1973 – Section 227 – Discharge of accused at committal stage is based on a narrow scrutiny of material and no full-fledged evidence recording or evaluation is required before commitment to Sessions Court.

1) Motor Vehicles Act, 1988 – Section 166 – Claim for Compensation – Assessment of deceased’s income for calculating loss of dependency must consider realistic earning capacity and nature of profession with appropriate deductions and multipliers.
2) Motor Vehicles Act, 1988 – Section 166 – Future Prospects – In case of variable income such as insurance agents, averaging income over relevant years excluding aberrational hikes is necessary to determine reasonable future prospects as per precedents including National Insurance Co. Ltd. v. Pranay Sethi.