1) Section 22 of the Hindu Succession Act confers preferential right to acquire property for Class I heirs in cases of intestate succession.
2) The status of the parties as Class I heirs depends on the status of the propositus and nature of joint family property and intestacy.
3) Order XX Rule 14 of the Code of Civil Procedure permits courts to specify a time for deposit of purchase money in preemption suits without necessity of setting aside sale deeds for acquisition of title.

1) Order XII Rule 6 of the Civil Procedure Code, 1908 permits the court to pass judgment on admissions at any stage of the suit without trial if the plaintiff's claim is admitted by the defendant.
2) Article 54 of the Limitation Act, 1963 prescribes a three-year limitation period for suits for specific performance, commencing from the date fixed for performance or when the plaintiff has notice of refusal to perform.
3) Admissions made by a party in earlier proceedings can be relied upon as conclusive proof of the admitted facts in subsequent suits under Order XII Rule 6 CPC.

1) Under Section 8(1) of the MPDA Act, the detaining authority must communicate the grounds of detention and allow representation within five days of detention.
2) A detention order can be validly passed against a person already in custody if the detaining authority records subjective satisfaction that the person is likely to be released on bail and may indulge in prejudicial activity upon release.
3) Non-supply of certain documents relied upon, if not vital to the satisfaction of the detaining authority, does not vitiate the detention order or impair the right to make effective representation.

1) Section 88 of the Maharashtra Cooperative Societies Act, 1960 empowers the Registrar to recover losses caused to a cooperative society by officers, promoters, or persons concerned with its management through a quasi-judicial process, subject to conditions of personal culpability and procedural fairness.
2) The definition of "officer" under Section 2(20) limits liability to persons elected or appointed to offices with management control or authority, excluding ordinary employees without decision-making powers.
3) Rule 72 of the Maharashtra Cooperative Societies Rules, 1961 mandates a detailed, fair procedural framework including clear notice of charges, opportunity to defend, framing of charges, evidence recording, and reasoned findings before imposing liability under Section 88.

1) Section 47(1) of the Person with Disability (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 mandates non-termination and non-reduction in rank of an employee acquiring disability during service, with provisions for suitable alternate posting or supernumerary post until superannuation.
2) The statutory obligation of employers under Section 47 is mandatory and cannot be circumvented by termination on grounds of acquired disability.
3) The principle of "no work no pay" does not apply to employees protected under Section 47(1) of the Act, entitling them to salary and allowances during unlawful termination periods.

1) The grant of bail depends on factors such as nature and gravity of offence, period of custody, recovery of stolen property, antecedents of the accused, and likelihood of tampering with evidence or influencing witnesses.

1) The grant of bail depends on factors including nature and gravity of the offence, antecedents of the accused, quantity of seized contraband, duration of detention, and likelihood of delay in conclusion of the trial.

1) Grant of bail under the Bhartiya Nagrik Suraksha Sanhita, 2023 depends on the nature and gravity of the offence, facts of the case, and whether the accused has offered a plausible explanation for the seized contraband.

1) Grant of regular bail depends on factors such as nature and gravity of the offence, antecedents of the accused, quantity of contraband seized, duration of custody, and likelihood of trial conclusion.

1) Unauthorized absence from duty without adequate explanation or approval constitutes grave misconduct justifying dismissal in disciplined forces.

1) A petitioner must have a valid locus standi, i.e., a sufficient legal right, interest, or connection to the subject matter, to maintain a writ petition.

1) Under Section 11 of the Arbitration and Conciliation Act, 1996, the Court has the jurisdiction to appoint an arbitrator when parties fail to appoint one as per their agreement.

1) Bail under Section 439 Cr.P.C. is discretionary and can be granted if the trial is delayed unduly and the accused is in custody for a prolonged period.
2) The quantity of seized contraband and nature of involvement in the offence under NDPS Act are relevant factors in bail considerations.
3) Previous decisions of higher courts, including Supreme Court precedents, are binding and persuasive in determining bail in similar circumstances.

1) Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 (equivalent to Section 439 CrPC, 1973) governs bail in criminal cases.
2) The court may consider the conduct of the complainant and delay in trial for grant of bail.
3) First-time offenders and prolonged incarceration pending trial are relevant considerations in bail applications.

1) Order 22 Rule 4 of the Code of Civil Procedure, 1908 empowers courts to substitute legal representatives of deceased parties in a suit and such power must be exercised judicially.
2) Prayer for substitution under Order 22 Rule 4 CPC inherently includes a prayer for setting aside the abatement of suit caused by death, as affirmed by Supreme Court precedents.
3) Courts should adopt a justice-oriented approach in matters of abatement and substitution to avoid denial of hearing on merits unless there is gross negligence or misconduct by the applicant.

1) Right of adult individuals to marry voluntarily without harassment from family members.
2) Obligation of the police to provide protection in cases of threats to life or harassment post-marriage.
3) Legal precedent under Lata Singh v. State of U.P. and Shakti Vahini v. Union of India mandates state protection in such scenarios.

1) The quality and credibility of eyewitness testimony is paramount in criminal conviction and can outweigh quantity.
2) Suppression or alteration of the genesis and place of incident in prosecution evidence mandates benefit of doubt to the accused.
3) Contradictions in material particulars and absence of corroborative evidence weaken prosecution case fatally.

1) Section 106 of the Patents Act, 1970 provides a remedy against groundless threats of patent infringement and constitutes an independent cause of action distinct from patent infringement suits under Sections 104 and 108.
2) The doctrine of forum convenience and avoidance of multiplicity of proceedings supports the transfer of suits involving substantially overlapping facts and issues to a single forum for judicial efficiency.
3) Territorial jurisdiction under Section 20 of the Code of Civil Procedure confers jurisdiction based on cause of action arising within the territorial limits, including acts such as purchase and delivery of the infringing product.

1) Rule 12 permits maintenance of a wait list of “reasonable dimension” correlated to existing and anticipated vacancies for Class IV posts.
2) Appointments from the wait list to subsequent vacancies arising within the recruitment year or the immediately succeeding year are permissible.
3) Termination of such appointments made in accordance with Rule 12 on the ground of alleged excess appointments beyond advertised vacancies is unjustified if the rule and relevant notification permit increase or decrease in vacancies.

1) The principle of equality under Articles 14 and 16 of the Constitution does not compel identical service conditions for dissimilar categories of employees performing qualitatively different work.
2) Retirement age and pay scales are service conditions that can be differentiated based on the nature of qualifications, duties, and responsibilities associated with the medical system practiced.
3) Classification for service conditions must have a reasonable nexus with the objective sought to be achieved, such as addressing the shortage of qualified and experienced practitioners in critical medical fields.

1) Section 304 Part-II, IPC, deals with culpable homicide not amounting to murder where the accused has knowledge that the act is likely to cause death but without intention to cause death.
2) The sentencing court must balance societal interests, proportionality, and the circumstances of the accused when determining an appropriate sentence in serious offences.
3) Premature release under the remission policy is a separate consideration and does not affect the sentence imposed by the court.

1) The Transgender Persons (Protection of Rights) Act, 2019 and 2020 Rules impose positive obligations on the State and private establishments to prevent discrimination and provide reasonable accommodation to transgender persons in employment and education.
2) Fundamental rights under Articles 14, 15, 17, 19, and 21 have horizontal application through the 2019 Act, extending against both state and non-state actors to prohibit discrimination based on gender identity.
3) The Supreme Court has jurisdiction under Article 32 to award compensation for violation of fundamental rights, including for discrimination by private parties amenable to writ jurisdiction, where no other adequate remedy exists.

1) Section 37(1) of the Income Tax Act, 1961 allows deduction of expenses wholly and exclusively for the purpose of business or profession.
2) Section 32(2) permits carry forward of unabsorbed depreciation if the business continues during the relevant year.
3) A temporary lull or discontinuance in business does not amount to cessation if there is intention and acts indicative of carrying on business.

1) A certificate issued under Section 38(E) of the Hyderabad Tenancy and Agricultural Lands Act, 1950 is a formal declaration of ownership in favor of a protected tenant and does not amount to a decision or order appealable under Section 90 of the Act.
2) Fraud vitiates all judicial acts and a judgment or order obtained by fraud is a nullity and can be challenged at any time, but allegations of fraud must be pleaded with full particulars and proved.
3) The exercise of writ jurisdiction by a High Court is generally discretionary and is ordinarily not entertained where efficacious alternate remedies are available, except in cases of illegality, violation of natural justice, or lack of jurisdiction.

1) Section 6 of the Specific Relief Act, 1963 provides a summary remedy for recovery of possession of immovable property by a person illegally dispossessed without regard to title.
2) The concept of settled possession requires the possessor to have effective, undisturbed, and known possession with animus possidendi; mere permissive use or agency does not amount to possession.
3) Even a trespasser in settled possession is entitled to protect possession and cannot be evicted without due legal process.

1) Section 73A of the Maharashtra Public Trust Act, 1950 permits a person having interest in a public trust to be joined as a party to proceedings under the Act.
2) The term "person having interest" under Section 2(10) of the Act is inclusive and encompasses trustees or beneficiaries, but beneficiaries are strictly limited to those entitled to benefits under the trust’s objects.
3) The Charity Commissioner’s sanction for borrowing by trustees under Section 36A(3) is subject to the protection of the trust’s interests, and intervention must be by persons genuinely interested in the trust’s affairs rather than merely disputants over management rights.

1) The duty of a litigant under Article 226 of the Constitution to make full and frank disclosure of all material facts, including those adverse to their case.
2) The principle that suppression, misrepresentation, or concealment of material facts amounts to abuse of the Court’s process and disentitles the petitioner to equitable relief.
3) The Court’s inherent power to dismiss proceedings when a party attempts to mislead or play “hide and seek” with the Court through false or incomplete pleadings.

1) Sub-Section (7) of Section 7 of the Payment of Gratuity Act, 1972 prescribes a limitation period of 60 days for filing appeal, with power to condone delay for a further 60 days only, thus limiting total extension to 120 days.
2) The Controlling Authority is obliged under Rule 11(4)(a) of Payment of Gratuity Rules to provide a copy of findings to parties but not a certified copy, which must be obtained by formal application as per Rule 18A.
3) Time taken before application for certified copy cannot be excluded in limitation computation under Section 12(2) of the Limitation Act, and failure to promptly apply for certified copy precludes exclusion of that period.

1) Section 276C(2) of the Income Tax Act criminalizes willful attempt to evade payment of tax, requiring a stricter interpretation distinguishing willful evasion from mere failure or delay in payment.
2) The difference in legal consequences between failure to deduct/credit tax under Section 276B and willful evasion of payment under Section 276C is significant, with the latter requiring proof of intentional conduct.
3) Prosecution under penal tax provisions must meet stringent requirements of alleging and proving willfulness; mere delayed payment, especially supported by financial difficulties, may not suffice to sustain prosecution.

1) The Explanation clause to a statutory provision is clarificatory and does not enlarge or restrict the scope of the main section.
2) The term "just cause" in Section 263 of the Indian Succession Act must be construed liberally to enable courts to revoke probate in diverse factual circumstances beyond those enumerated in explanations (a) to (e).
3) Judicial precedent supporting a restrictive interpretation of Section 263 (e.g., George Anthony Harris v. Millicent Spencer and Sharad Shankarrao Mane v. Ashabai Shripati Mane) is overruled in favor of a broader, purposive interpretation.

1) Grant of bail in cases involving large-scale cyber fraud and organized crime depends on the gravity of offence, role of accused, and nature of the investigation.

1) Grant of anticipatory bail depends on the nature of accusations, material evidence on record, the role of the accused, and cooperation during investigation.

1) Delay and laches in filing writ petitions relating to promotion and seniority in service matters constitute a valid ground for dismissal to prevent disturbance of administrative hierarchy and clogging of court dockets.

1) The court’s discretion to condone delay under the Limitation Act must be exercised judiciously based on a bona fide and sufficient cause, and absence of negligence or inaction, and government departments are under a special obligation to act diligently without expecting undue leniency for delay.

1) Courts must exercise caution and leniency in cancellation of bail, particularly where the accused’s non-appearance is not a clear or repeated violation of bail conditions.

1) When a deduction is made inadvertently and without knowledge of a court order, the concerned authority is obligated to restore the amount upon direction of the court.

1) The Apex Court’s suo motu orders under Section 19 of the Family Courts Act, 1984, extended limitation periods during COVID-19 pandemic from 15.03.2020 to 28.02.2022.
2) Where limitation expired between 15.03.2020 to 28.02.2022, a unified 90 days limitation from 01.03.2022 applies unless the balance period of limitation was longer.
3) Ex parte decrees passed during the COVID limitation extension period require consideration for reopening or remand to ensure fairness under the extended limitation framework.

1) Post-retirement recovery of amounts paid to employees on account of erroneous pay fixation is impermissible unless there is proof of fraud, cheating, or misrepresentation by the employee.
2) The employer bears the onus to establish any wrongdoing by the employee before initiating recovery of payments made in excess.
3) Judgments in State of Punjab v. Rafiq Masih and Syed Abdul Qadir v. State of Bihar establish precedent against post-retirement recovery on pay fixation errors without misconduct.

1) Recovery of excess payments made due to erroneous pay fixation from retired employees is impermissible unless fraud, cheating, or misrepresentation is established.
2) Post-retirement recovery of amounts paid on pay fixation errors is barred by settled Supreme Court precedents.
3) Interest on wrongly recovered amounts is payable to the employee only for three years prior to filing the recovery challenge petition.

1) Recovery of excess payment made due to pay fixation errors requires presence of fraud, misrepresentation, or cheating by the recipient.
2) Undertaking submitted by an employee is relevant only for the period it covers and not beyond.
3) Precedent judgments (e.g., State of Punjab vs. Rafiq Masih) establish that absent fraud or misrepresentation, recovery of excess payment is not justified.

1) An agreement to sell immovable property does not transfer any interest or title and is not a conveyance under Section 54 of the Transfer of Property Act, 1882.
2) Matruka property includes all property left behind by a deceased Muslim, both movable and immovable, and is distributable as per Muslim inheritance laws and applicable statutory provisions.
3) In Muslim law, distribution of inheritance follows clear prescribed shares among sharers, residuaries, and distant kindred, with the wife entitled to one-fourth share if no child is left behind.

1) The jurisdiction and exclusivity of the State Administrative Tribunal established under the Administrative Tribunals Act, 1985 over recruitment and service matters of State government employees.
2) Principles governing maintainability of writ petitions under Article 226 of the Constitution when an alternative effective statutory remedy exists before a specialized tribunal.
3) Exceptions to the rule of alternative remedy include enforcement of fundamental rights, violation of natural justice, orders wholly without jurisdiction, or challenge to the vires of the parent legislation.

1) The power of High Courts under Articles 226 and 32 of the Constitution to direct CBI investigation must be exercised sparingly, cautiously, and only upon sufficient prima facie material disclosing commission of offences.
2) Directions for CBI enquiry cannot be issued in a routine manner or merely on vague doubts or allegations without concrete foundation or prayer for such investigation.
3) Recruitment-related controversies do not ordinarily warrant CBI investigation unless the allegations are so severe that the State police investigation would be ineffectual and public faith in the justice system is at stake.

1) The court may allow filing of additional documents if they are necessary for adjudication of the matter and proper amendment is made in the appeal papers.

1) The requirements and grounds for cancellation of bail differ from those for granting bail due to the interference with an accused’s liberty under Article 21 of the Constitution.
2) Under Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, bail is generally barred unless the Court records reasons to the contrary.
3) Mere absence or presence of criminal antecedents is not sufficient ground alone for cancellation of bail once granted unless overwhelming circumstances exist.

1) Section 3(2) of the Maharashtra Prevention of Dangerous Activities Act, 1981 empowers detention of individuals who are "dangerous persons" prejudicial to public order.
2) Past criminal antecedents may be referred to in a detention order only if they have a direct causal nexus or link with the immediate need for preventive detention.
3) Acts constituting mere law and order issues without disturbing public order do not justify preventive detention under the MPDA Act.

1) Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 mandates stringent conditions for granting bail in cases involving commercial quantity of narcotic drugs or psychotropic substances.
2) Section 52(A) of the NDPS Act prescribes the procedure for seizure, labeling, sealing, and judicial verification to ensure lawful custody of seized narcotic substances.
3) Section 54 of the NDPS Act provides a statutory presumption that possession of narcotics implies commission of an offence unless the contrary is proved.

1) Section 34 of the Arbitration and Conciliation Act, 1996 limits judicial interference in arbitral awards to grounds specified therein and courts must respect the finality of such awards unless perversity or illegality go to the root of the matter.
2) Interpretation of insurance contracts must be strict but arbitral tribunals have jurisdiction to interpret contracts considering terms, conduct of parties, and circumstances; a plausible view by the arbitrator should not be disturbed even if another plausible view exists.
3) The insurer’s discretion to waive exclusion clauses under an insurance contract is conditioned on it being satisfied that the buyer’s dispute (such as quality issues) is not tenable or justified, and such exercise of discretion is subject to arbitral scrutiny based on evidence.

1) Rule 107(19) of the Maharashtra Cooperative Societies Rules, 1961 permits objection to attachment only on limited grounds relating to the title or prior interest of the objector in the attached property.
2) A registered Development Agreement creating rights and interests in immovable property cannot be unilaterally cancelled by a notice; termination requires judicial declaration by a Civil Court.
3) The Revisional Authority under the Maharashtra Cooperative Societies Act lacks jurisdiction to adjudicate civil ownership or contractual disputes including validity or cancellation of a registered Development Agreement.

1) Acceptance of compensation under the Land Acquisition Act, 1894, without prior challenge to the award, bars subsequent claims for interest on delayed payment.

1) Principles governing grant of anticipatory bail, including consideration of previous bail grants, criminal antecedents, and nature of added offences.

1) Writ jurisdiction under Article 226 of the Constitution is not exercisable where there are disputed questions of fact that require adjudication by a civil court or competent forum.

1) At the stage of framing charges, the court must consider whether there is sufficient prima facie material to presume the accused committed the offence without conducting a detailed appreciation of evidence or weighing probabilities.

1) Illegal or backdoor appointments obtained through fraudulent or unauthorized means are void ab initio and such appointees have no right to continue in service.
2) The principle of natural justice (audi alteram partem) may not apply where the appointment itself is illegal or void from inception.
3) Recommendations of the State Vigilance Commission, although not having adjudicatory powers, can form a valid basis for termination if the engagement is found illegal.

1) Article 226 of the Constitution of India empowers High Courts to entertain writ petitions for enforcement of legal rights including protection against unauthorized occupation, notwithstanding disputed questions of fact, if required in interest of justice.
2) Doctrine of delay and laches cannot be invoked as a defense by State instrumentalities to defeat a citizen’s constitutional right to property under Article 300-A of the Constitution of India and recognized human rights jurisprudence.
3) Land Acquisition proceedings under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 must be followed for compulsory acquisition of land, failing which unauthorized possession is liable to be quashed.

1) Preventive detention law aims to prevent potential threats to the security of the State rather than punish past actions.
2) Procedural safeguards under Article 22(5) of the Constitution require furnishing sufficient grounds and material to the detenue to make an effective representation.
3) Courts must balance individual liberty with the necessity to maintain public safety and order while ensuring the detaining authority properly applies its mind.

1) Section 43-D of the UAPA prohibits grant of bail to accused persons in certain circumstances.
2) The trial court’s discretion to grant bail can be exercised after examining prosecution witness statements and evidence.
3) Prolonged custody and lack of incriminating evidence may justify granting bail despite statutory prohibitions.

1) Engagement against a sanctioned post is a prerequisite for claim to regularization of service under public employment norms.
2) Long-term temporary engagement in recurring public functions without sanctioned posts does not automatically confer right to regularization.
3) Administrative authorities must maintain transparent records and justify preference for temporary engagement over sanctioned posts, in line with constitutional principles of equality and fairness.

1) Advertisement notifications for recruitment must disclose relevant particulars including number of vacancies or subsequent publication through official channels suffices for candidates’ knowledge.
2) Signed digital recordings of physical measurements, if undisputed at the time, preclude after-the-fact challenges to such measurements in recruitment selection.
3) Recruitment scope and number of posts to be filled remain within the prerogative of the employer and cannot be dictated by candidates unless statutory or contractual provisions are violated.

1) The age of the survivor in a POCSO offence is a foundational fact that can only be conclusively determined after evidence is adduced during the trial as per Section 34 of the POCSO Act.

1) An impleadment application can be allowed if the impleaded parties have an interest in the subject matter of the writ petition and no prejudice is caused to the existing parties.

1) Order 39 Rule 2A, CPC governs the grant and breach of interim injunctions during the pendency of second appeals.
2) Interim orders should be passed only after substantial questions of law have been formulated as per Supreme Court precedent.
3) Concurrent findings of fact by lower courts regarding ownership and possession are final in the absence of substantial questions of law.

1) Recovery of excess payment from a government servant is not permissible if there is no misrepresentation, suppression, or fault on the part of the employee.
2) Payment of higher salary due to departmental error without any fault of the employee cannot be recovered once paid.
3) Established precedents by the Supreme Court prohibit recovery of excess payments made by mistake in pay fixation unless there is employee fault.

1) Rule 14-A of the Madhya Pradesh Civil Services (CCA) Rules, 1966 mandates inquiry when charges involve moral turpitude or demand of illegal gratification.
2) Rule 16 of the Madhya Pradesh Civil Services (CCA) Rules, 1966 requires that even for minor penalties, an opportunity of hearing and inquiry, if necessary, must be provided before imposing punishment.
3) The principle of natural justice demands that charges be communicated to the delinquent employee with reasonable opportunity to respond and, if denied, a formal inquiry should be held.

1) Compassionate appointment can only be granted if the family is in indigent circumstances without any other means of livelihood, not as a matter of right.
2) If any member of the family is already employed in Government service, the candidate is disqualified from compassionate appointment under the relevant policy.
3) Compassionate appointment is subject to prescribed qualifications for the post and cannot be granted after an inordinate delay from the date of death of the deceased employee.

1) Compensation for loss of dependency under the Motor Vehicles Act includes emoluments and benefits accruing to the deceased, including allowances, irrespective of taxability.
2) Deduction for income tax from the deceased’s salary for compensation calculation is permissible but must correspond to the actual applicable tax rate on the income.
3) Future prospects addition in compensation should be at a higher percentage (50%) for young permanent employees, not arbitrarily reduced.

1) Under Order 7 Rule 11(d) CPC, rejection of plaint on limitation grounds requires the suit to be barred on the face of the plaint without considering evidence or defense.
2) Limitation for suit for possession based on title under Article 65 of the Limitation Act is 12 years from the date possession becomes adverse.
3) Mutation entries do not constitute conclusive title but serve a fiscal purpose; validity of mutation must be challenged by regular civil suit, not barred if instituted timely after mutation proceedings.

1) Section 26 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 prescribes the methodology to determine market value of land based on average sale prices of similar lands in the nearest vicinity evaluated by use of registered sale deeds in preceding three years.
2) Rental compensation or mesne profits for unauthorized occupation prior to acquisition can be awarded under equitable principles and Section 28(7) of the 2013 Act, but only where possession has been unlawfully detained by the acquiring authority prior to notification or acquisition.
3) Enhancement of compensation based on bona fide sale instances and applying statutory parameters is permissible and courts should not interfere in the absence of error in application of statute or fact.

1) Waitlisted candidates do not acquire a vested right to appointment once all selected candidates have joined and the waiting list operates for a limited period.
2) A statement or concession made on behalf of a party before a tribunal or court does not bind that party if its enforcement would violate statutory rules or recruitment regulations.
3) Recruitment and absorption must be made strictly in accordance with the applicable Recruitment Rules, and appointments contrary to these rules are impermissible, regardless of prior assurances or statements.

1) An income certificate issued by a competent public authority like the SDM based on verified documents and recommendations is valid and sufficient evidence of income for compensation purposes in motor accident claims.

1) The scope and applicability of Section 482 BNSS concerning pre-arrest bail in cases of complex financial fraud involving forgery and impersonation.
2) The relevance of prior criminal antecedents in exercising discretionary jurisdiction under Section 482 BNSS for bail applications.
3) The necessity of custodial interrogation in cases involving intricate forgery, impersonation, and documentary evidence for effective investigation.

1) Demand and acceptance of illegal gratification by a public servant are essential elements to establish offences under Sections 7 and 13 of the Prevention of Corruption Act, 1988.
2) Evidence of demand must be direct or circumstantial but cannot rest solely on recovery of money without proof of demand.
3) Presumption of demand and acceptance under Section 20 of the Act arises only after foundational facts are established by relevant evidence and is subject to rebuttal.

1) The Maharashtra Slum Areas Act recognizes a preferential right of private landowners to undertake redevelopment and rehabilitation of slum areas before acquisition under Section 14(1).
2) Acquisition under Section 14(1) must follow a statutory procedure including issuance of notice to the landowner, allowing reasonable opportunity (120 days) to submit a redevelopment scheme under Section 13(1).
3) The power of acquisition under the Slum Act is draconian and discretionary, and must be exercised only after the extinguishment of the landowner’s preferential redevelopment rights and with reasons recorded in writing.

1) The age of superannuation for Polytechnic teaching staff, as per AICTE Regulations, overrides earlier state rules and is fixed at 60 years.
2) Benefits of enhanced superannuation age apply only to employees who challenged retirement proactively, i.e., before retirement or with interim relief.
3) Illegal termination preventing employees from challenging retirement age excuses delay, allowing extension of benefits despite filing post-retirement.

1) The Maharashtra Ownership Flats Act, 1963 (MOFA) mandates promoters to form a cooperative housing society of flat purchasers and convey the property to this society under Sections 10 and 11.
2) The Maharashtra Cooperative Societies Act, 1960 (MCS Act), particularly post-amendment via Chapter XIII-B and Sections 22 and 154B, allows formation of cooperative societies by flat purchasers and membership of one society in another.
3) Registration of cooperative housing societies cannot be withheld on grounds of lack of ‘No Objection Certificate’ from a parent society once statutory criteria are fulfilled and no challenge is made by that society.

1) Section 91 of the Maharashtra Cooperative Societies Act, 1960 empowers the Cooperative Court to adjudicate disputes which arise "in the capacity of a member" and "touch the business of the society."
2) The scope of "business of the society" is determined by the objects and bye-laws of the particular society, including activities the society is authorized to undertake for the benefit of its members.
3) The validity of resolutions and actions of the managing committee and its sub-committees must be judged in light of general body authorizations under the society's bye-laws, with internal sub-committee arrangements recognized unless specifically prohibited.

1) Condonation of delay in filing appeals against acquittal orders requires sufficient cause explained with due diligence, and mere bureaucratic or procedural delays by Government departments are generally insufficient.

1) To convict under Section 304-B IPC for dowry death, it must be shown that the woman’s death occurred otherwise than normal within seven years of marriage and that soon before her death she was subjected to cruelty or harassment by the husband or his relatives for dowry demands.

1) The test for condonation of delay requires a sufficient cause that adequately explains the inability to file within the prescribed period, and mere bureaucratic or procedural delays without bona fide explanation are insufficient.

1) Section 482 of the Code of Criminal Procedure confers inherent powers on High Courts to quash criminal proceedings to prevent abuse of process or to secure ends of justice.
2) Criminal proceedings should not be permitted as a shortcut to settle civil disputes especially when substantive civil remedies and proceedings are pending on the same subject matter.
3) The allegations in a criminal complaint must prima facie constitute an offence and not be manifestly mala fide, frivolous, or an abuse of the legal process to warrant continuance of proceedings.

1) The necessity of the detaining authority applying its own mind and not merely reproducing the police dossier when formulating grounds of detention under the Jammu and Kashmir Public Safety Act, 1978.
2) The statutory and constitutional requirement to inform the detenu of his right under Section 13 of the Public Safety Act and Article 22(5) of the Constitution of India to file a representation to the detaining authority before government approval of detention.
3) The relevance of FIRs and ongoing investigations as grounds for preventive detention and the requirement of a live link between the last alleged activity and the detention order.

1) Preventive detention must be based on subjective satisfaction of the detaining authority considering current and relevant grounds showing the likelihood of prejudicial activity to public order.
2) Inclusion of irrelevant, vague, or unsubstantiated grounds in a detention order invalidates the order as it violates constitutional protections under Article 22(5).
3) Preventive detention cannot replace regular criminal procedure, especially when the detenu is on bail and the alleged activities do not disturb public order but relate to law-and-order type offenses.

1) An unreasonable and unexplained delay in execution of a detention order vitiates the order by breaking the live-proximity link necessary to justify preventive detention.
2) The detaining authority must apply its mind to relevant and proximate material and reflect its subjective satisfaction clearly and categorically in the detention order.
3) The detaining authority is required to consider and address any representation submitted by the detenue, and failure to do so impacts the legitimacy of the detention.

1) Creation and sanction of posts and framing of regularization policies are prerogatives of the government and not subject to mandamus under Article 226 of the Constitution.
2) Mere continuance of seasonal or casual work periodicity does not confer permanent status or right to regularization without the existence of a sanctioned post.
3) Engagement of casual labourers without any formal policy or sanctioned posts does not create any right for their regularization or permanent absorption.

1) An application may be withdrawn with liberty to file afresh if consented to by all parties and allowed by the court.

1) The court’s discretionary power to grant or refuse stay on execution of a decree pending related proceedings.

1) Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 provides the procedural mechanism for bail applications.
2) The court’s discretion to allow withdrawal of repeat bail applications with liberty to renew based on trial progress.
3) The obligation of trial courts to ensure expeditious disposal of cases involving accused persons in custody.

1) Bail under Section 439 CrPC is discretionary and considers factors such as custodial period, nature of offence, and evidence.
2) Delay in lodging FIR and circumstances around it are relevant in assessing the genuineness of allegations in bail proceedings.
3) Custodial detention is not necessary once charge-sheet is filed if there is no further requirement of custody.

1) Under the SARFAESI Act, possession proceedings must be based on valid and subsisting orders passed by competent authorities.
2) A Tahsildar exercising enforcement powers must act upon the latest and legally binding orders and exercise due diligence to verify factual correctness.
3) Legal heirs seeking information or relief must prove their status by appropriate documentation for consideration under relevant laws including RTI.

1) Article 226 of the Constitution of India empowers High Courts to issue writs for enforcement of fundamental rights and for any other purpose.
2) Section 102 of the Criminal Procedure Code mandates informing the Magistrate about the seizure of property or amounts to ensure procedural compliance and judicial oversight.
3) Banks’ obligations to freeze accounts arise only upon lawful instructions from competent authorities and must balance procedural fairness with investigation needs.

1) The medical evidence, although not conclusively proving intercourse, cannot negate the possibility of rape, particularly when supported by victim’s testimony.
2) A minor’s consent to sexual intercourse is immaterial under the IPC; sexual acts with a minor constitute an offence irrespective of consent.
3) The High Court may reappreciate evidence and overturn an acquittal if it arrives at the only possible view based on materials before it.

1) Conviction for murder can be based solely on circumstantial evidence if such evidence forms a complete and consistent chain pointing exclusively to the guilt of the accused.
2) Under Section 106 of the Evidence Act, 1872, the burden of proof remains on the prosecution, but the accused must explain facts peculiarly within his knowledge when prima facie shown by prosecution.
3) Appellate courts should exercise restraint when interfering with acquittal orders and reverse such orders only when the evidence overwhelmingly supports conviction beyond reasonable doubt.

1) The scope and exercise of inherent powers under Section 482 CrPC to quash criminal proceedings are limited and should not result in a mini trial.
2) Forgery and cheating under relevant IPC sections are made out if a false document is fabricated or used dishonestly for wrongful gain, including obtaining caste certificates.
3) Cancellation of a caste certificate by an administrative committee does not ipso facto eliminate criminal liability if the certificate was obtained by false representation or forged documents.

1) The admissibility and evidentiary value of school admission registers under Section 35 of the Evidence Act to prove the age of the victim.
2) The parameters for declaring a witness hostile under Section 154 of the Evidence Act and the judicial discretion involved.
3) The scope of Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, post-amendment, regarding presumption of knowledge of victim’s caste by the accused.

1) Section 11(5) of the Arbitration and Conciliation Act, 1996 empowers the Court to appoint an arbitrator on a party’s request when there is an arbitration agreement.
2) Limitation laws apply to arbitration proceedings, and the request for appointment of an arbitrator can be barred if made after the limitation period.
3) Timely initiation of arbitration proceedings and notices are essential to prevent dismissal on grounds of delay and limitation.

1) The probative value of DNA evidence depends upon the strict adherence to protocols for collection, preservation, transport, and maintenance of the chain of custody of samples as per forensic guidelines.
2) The testimony of a victim can be sole basis for conviction if found trustworthy and reliable; however, omissions, improvements, or contradictions in testimony must be carefully examined.
3) Section 2(d) of POCSO Act defines a child as a person below eighteen years; proof of age is essential for application of protective provisions under POCSO.

1) Section 324 IPC defines voluntarily causing grievous hurt by dangerous weapons or means.
2) Power of High Court under Section 482 CrPC to quash FIR or charge-sheet where allegations do not prima facie constitute any offence.
3) Tests laid down in State of Haryana v. Bhajan Lal for quashing proceedings in cases of abuse of process or lack of sufficient grounds.

1) Motor Vehicles Act, 1988, Section 173 empowers claimants to approach the tribunal for compensation in motor accident claims.
2) The rate of interest awarded on compensation must be uniform for claims arising from the same accident to ensure parity and non-arbitrariness.
3) Judicial discretion in awarding interest must be exercised consistently when similar factual matrix exists across multiple claims.

1) Transfer of custody proceedings under Section 24 CPC can be allowed to facilitate convenience of parties and child’s welfare, especially when travel is difficult for the guardian or custodian.