Supreme Court Rules, 2013 (Order IV, Rule 7 & 10) – AORs are responsible for all statements made in the petitions they file -- AORs cannot blindly sign & submit petitions drafted by others -- Mere name-lending by AORs is professional misconduct.

IBC -- High Courts cannot intervene in personal insolvency cases before NCLT adjudicates under Section 100 -- Resolution Professional's role under IBC is non-adjudicatory; NCLT makes the final decision -- NCLT proceedings must continue uninterrupted unless exceptional circumstances justify intervention.

Constitution of India – PIL -- Courts cannot rewrite contractual terms between the government and a private entity under a Public Interest Litigation (PIL) unless there is fraud, misrepresentation, or violation of public policy.

Service Law -- Recruitment -- Courts should not interfere in recruitment decisions unless the decision is patently illegal, arbitrary, or perverse -- Determining equivalence of qualifications is primarily the prerogative of the recruiting authority, not the courts.

Prevention of Corruption Act -- A second FIR is permissible if it discloses a larger conspiracy or distinct facts -- Prior sanction under the Prevention of Corruption Act is not required at the FIR stage -- Corruption cases involving systemic issues warrant a broader investigation, and quashing FIRs at the outset may hinder justice.

Freedom of press -- Mandatory Inquiry Under Section 202 Cr.P.C. -- Summons cannot be issued against persons residing outside jurisdiction without conducting a proper inquiry -- Neutral reporting of ongoing controversies does not amount to defamation unless there is clear intent to harm reputation.

Criminal Law -- Section 437(6) Cr.P.C. does not guarantee bail automatically if trial exceeds 60 days; courts have discretion based on case facts -- Delays in economic offence trials due to voluminous evidence can justify bail unless there is a risk of absconding or tampering with evidence.

Criminal Law -- Remission of sentences -- Government has discretion in remission but must act fairly and transparently -- If a policy exists, convicts need not apply for remission, it must be automatic.

Punjab Value Added Tax Act -- Government Cannot Reduce ITC Retrospectively Without Legal Backing -- Delegated Legislation (Rules) Cannot Override Parent Act.

Promissory Estoppel -- Government Cannot Be Bound by Unauthorized Actions -- No Indefeasible Right Arises from an Illegal Grant -- Promissory Estoppel Does Not Apply to Ultra Vires Acts.

Payment of Gratuity Act -- No Need for Criminal Conviction for Gratuity Forfeiture -- Employers can forfeit gratuity under Section 4(6)(b)(ii) if the misconduct amounts to an offence involving moral turpitude.

Compensation -- Insurance Company Cannot Avoid Interest Liability -- Since the Insurance Company did not challenge the compensation order, it is bound to pay the interest -- Insurer cannot recover the interest amount from the employer once liability is fixed.

Hindu Marriage Act -- Once a lump sum permanent alimony is granted, no further maintenance claims can be entertained -- No Parallel Maintenance Proceedings After Full & Final Settlement -- Family Court cannot reopen maintenance disputes once the Supreme Court has settled them.

Civil Law -- Res Judicata bars relitigation of an issue already decided, even if a third party files the suit -- Representative suits must be filed by parties with a genuine legal interest, not just public-spirited individuals -- Forfeiture of land must be proven with conclusive revenue records.

Bombay Stamp Act -- Stamp duty applies to instruments, not transactions -- An agreement to sell is a conveyance if possession is transferred or agreed to be transferred -- Existing possession as a tenant does not exclude stamp duty liability.

Indian Contract Act -- Public Authorities Must Act Pragmatically: Courts will intervene if Government agencies take an overly rigid legalistic approach when common sense solutions are available.

Income Tax Act -- Penalty under Section 271AAA is not automatic -- Assessing Officer must prove undisclosed income -- All three conditions under Section 271AAA(2) must be met for relief from penalty.

Criminal Law -- Conviction -- Circumstantial evidence must form a complete chain leading to guilt -- "Last seen together" evidence must be proven beyond doubt to sustain conviction -- Evasive replies alone are insufficient to prove guilt.

Prevention of Money Laundering Act -- PMLA imposes strict bail conditions under Section 45, requiring the accused to prove innocence -- Statements recorded under Section 50 PMLA are admissible, and Article 20(3) does not provide immunity.

Criminal law in matrimonial disputes -- False FIRs in matrimonial disputes must be carefully scrutinized -- Delay in filing FIR raises serious doubts about its credibility -- Omnibus allegations against entire families cannot be sustained.

Criminal Law -- Penal laws must not be used to settle private disputes -- Gangsters Act should only be invoked in genuine cases of organized crime, and not in ordinary civil or financial disputes.

Service Law -- Strict compliance with statutory eligibility criteria is mandatory in public appointments -- Judicial review is justified when legal malice (failure to follow statutory rules) is evident -- Public employment must be free from arbitrariness to uphold constitutional principles of fairness and equality.

Central Sales Tax Act -- Tax exemptions granted under prior laws remain valid unless expressly revoked -- Finance Act, 2002 applied prospectively and could not alter past benefits.

Habeas Corpus -- Statements Made in Court Are Not Grounds for Defamation -- Courts must ascertain the truth, and such inquiries often involve questions that may be uncomfortable but are necessary.

Constitution of India -- Right to travel abroad is an integral part of personal liberty under Article 21 -- Family background cannot be the sole reason for denying a passport -- Government must provide concrete evidence to restrict a person’s constitutional rights.

Habeas Corpus Petition Challenging Preventive Detention -- Preventive detention is an extraordinary measure and cannot be used as a substitute for prosecution -- Public order concerns must be real, not speculative, to justify detention under the PSA -- Failure to provide procedural safeguards under Article 22(5) can lead to quashing of a detention order.

Criminal Law -- Prosecution must prove that the victim was a minor through reliable documentary evidence -- Ossification test alone is not conclusive proof of age -- If a girl willingly travels with the accused and makes no attempt to escape, it weakens the kidnapping charge.

Dowry Death -- To convict under Section 304B IPC, demand for dowry must be proved with reliable evidence -- Mere allegations of dowry harassment are insufficient if not supported by independent evidence.

Compensation -- Income Tax Returns should be considered for income assessment in accident claims -- Compensation must follow the Pranay Sethi principles – future prospects and deductions.

Service Law -- Recruitment advertisements must be transparent, specifying vacancies and reservation details -- Arbitrary changes in selection processes (e.g., adding interviews) render recruitment illegal.

Motor Accident -- Compensation -- Medical Board’s findings cannot be ignored arbitrarily by courts -- 100% disability = full loss of future earnings + enhanced compensation for pain & suffering -- Future prospects must be factored into loss of income calculations.

Motor Vehicles Act, 1988 -- Compensation -- Notional income of a student cannot be equated to an unskilled worker's wages -- Future prospects (40%) must be added to young accident victims’ loss of income calculations.

Criminal Law -- Circumstantial evidence must establish guilt conclusively -- Weak or incomplete chains of evidence cannot be used to convict an accused -- Motive alone is not enough; there must be strong, corroborative evidence.

Criminal Law -- Medical evidence must decisively confirm homicide before conviction -- Section 106 of the Evidence Act cannot be used to shift the burden unless a prima facie case is proven.

Arbitration and Conciliation Act, 1996 -- Oral financial guarantees can be enforced in arbitration if they relate to stock market transactions -- Stock exchange bye-laws have broad arbitration clauses covering "incidental" disputes.

Guardian and Wards Act, 1890 -- Child Custody -- Supreme Court prioritized the father's legal right as the natural guardian while ensuring a gradual transition for the child’s well-being -- Remarriage is not a disqualifying factor for custody.

Criminal Law -- No Prima Facie Case: If the allegations, even if taken at face value, do not constitute an offence -- Non-Disclosure of Cognizable Offence: If the FIR and evidence do not justify a police investigation.

Constitutional Safeguards in Arrest Procedures -- Article 22(1) of the Constitution of India -- No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest.

Motor Accident -- Compensation -- Determination of Future Prospects in Motor Accident Claims -- For salaried persons, future prospects must be added to ensure adequate compensation for loss of future income.

Motor accident claims -- Determination of Compensation Based on Minimum Wages -- When no direct proof of income is available, the minimum wages notification under the Minimum Wages Act can be used as a guiding factor.

Criminal Law -- Circumstantial evidence must be conclusive and exclude all other possibilities before convicting an accused.

Motor Vehicles Act, 1988 -- Insurance claims cannot be repudiated on technical or frivolous grounds when the insured vehicle was operating within the terms of its permit.

Income Tax Act, 1961 -- Tax prosecution occurs immediately after the due date, not when a belated return is filed -- Belated filing is not "voluntary disclosure" under compounding rules.

Civil Law -- High Courts have limited power under Article 227 and cannot reappreciate facts unless findings are perverse -- Civil courts cannot decide land demarcation disputes, which fall within Revenue Court jurisdiction -- Ex parte and irrelevant reports cannot be relied upon to grant interim relief.

Prevention of Corruption Act, 2006 -- Acquittal in Corruption Case -- Mere recovery of bribe money is not enough for conviction -- Demand and voluntary acceptance of bribe must be proven beyond a reasonable doubt -- High Court cannot interfere unless the trial court's findings are perverse.

Motor Vehicles Act -- Legislatures have the power to repeal laws if they fall within their legislative domain -- Administrative efficiency is a valid justification for delegating routine functions within statutory limits.

Conviction -- Dock identification is unreliable without prior TIP, especially when conducted after a long gap -- Suspicion alone cannot replace proof – courts must be cautious when identifying accused based solely on post-event recognition.

Criminal Law -- Extra-judicial confession alone is insufficient for conviction – it must be voluntary, reliable, and corroborated -- Material omissions and contradictions in police statements (Section 161 CrPC) weaken the prosecution case.

Prevention of Corruption Act, 1988 -- Departmental inquiries & criminal trials are independent -- Acquittal on benefit of doubt does not prevent disciplinary action -- Non-examination of the complainant is not fatal in disciplinary cases.

Civil Law -- Fair compensation -- Landowners whose land was acquired under NHAI Act (1997-2015) are entitled to solatium (30%) & interest -- Financial burden is NOT a valid ground to deny compensation.

Contract Act -- Unfair and one-sided forfeiture clauses in real estate agreements are not enforceable -- Developers cannot forfeit more than 10% of BSP as earnest money in case of cancellation by buyers -- Buyers who cancel voluntarily due to market conditions are not entitled to interest on refunds.

Rights of Persons with Disabilities Act, 2016 -- All Persons with Disabilities (PwD) must be given equal exam accommodations – Not just PwBD (40% or more disabled).

Dowry Death -- Presumption under Section 113-B requires proof of cruelty soon before death—mere dowry demands are insufficient -- Moral conviction cannot replace legal proof in dowry death cases.

Hindu Marriage Act -- False financial disclosure by the husband does not absolve him of alimony obligations -- One-time alimony avoids prolonged legal disputes over maintenance.

Service Law -- Temporary employees cannot be arbitrarily denied benefits if their appointment follows due process and is against sanctioned posts -- Non-constitution of a Screening Committee by the State cannot be a ground to deny benefits.

Criminal Law – Rape -- Marital rape is not an offence in India unless the wife is below 18 years of age (Exception 2 to Section 375 IPC) -- False allegations after a consensual marriage can be grounds for quashing an FIR under Section 482 CrPC.

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act -- "Public view" requirement is a crucial element under Sections 3(1)(r) & 3(1)(s) of the SC-ST Act -- If the incident occurs in a private place, the offence is not made out.

Reinstatement and Regularization of Daily-Wage Workers in Municipal Corporations -- Workers engaged in long-term municipal duties under direct supervision cannot be dismissed arbitrarily -- A mere "ban on fresh recruitment" does not justify exploitation of daily-wage employees.

Arbitration and Conciliation Act, 1996 -- Limitation of liability clauses in government contracts are enforceable if agreed upon -- If a contractor accepts time extensions without reserving claims, they are estopped from later claiming damages.

Criminal Law -- Summoning an accused is a serious matter and requires application of mind -- Orders issuing process must reflect due consideration of facts and law -- A non-speaking summoning order is invalid and can be quashed.

Drugs and Cosmetics Act -- Definition of ‘Manufacture’ under the Drugs and Cosmetics Act is broad and includes repackaging -- If both the seller and buyer hold a valid Form 25 manufacturing license, a Form 20B wholesale license is not required.

Service Law -- Recruitment -- State Governments cannot relax teacher qualifications unilaterally;only the Central Government has this power under Section 23(2) of the RTE Act -- CTET/STET holders are NOT automatically eligible for State Government school jobs unless the State decides NOT to conduct its own TET.

Wrongful Confinement (Section 343 IPC) -- To prove wrongful confinement, two elements must be satisfied:

1. Voluntary restraint of a person.

2. Prevention from proceeding beyond circumscribed limits.

If an alternative exit is available, wrongful confinement is not made out.

Limitation Act, 1963 -- Condonation of Delay -- Delay in filing an appeal can be condoned if the party demonstrates sufficient cause for not approaching the court within the prescribed time -- Mere inaction, negligence, or lack of diligence does not constitute sufficient cause -- The burden is on the applicant to justify the delay.

Procedural safeguards in criminal law -- A High Court CANNOT convict an accused in revision jurisdiction under Section 401(3) CrPC -- State Governments must be held accountable for wrongful prosecutions and unlawful detentions.

Motor Vehicles – Compensation -- High Courts should not arbitrarily reduce compensation without proper justification -- Business continuity does not negate loss of dependency; loss of expertise of the deceased must be accounted for.

Criminal Law -- Conviction must be based on strong, reliable evidence and not merely on suspicion or weak circumstantial evidence.

Appeal and Revision Rules, 1995 -- Right to be heard is absolute in cases where appointments are challenged -- Mere suspicion of bias does not vitiate selection unless proven.

Criminal Law -- Murder -- If a stabbing occurs due to a sudden fight, without prior intent, it may not amount to murder but rather culpable homicide -- Exception 4 to Section 300 IPC applies when the act occurs suddenly in a fight, without premeditation or undue cruelty.

Presumption of Legitimacy (Section 112, Indian Evidence Act, 1872) -- A child born during the subsistence of a valid marriage is conclusively presumed to be legitimate -- Presumption can be rebutted only by proving "non-access" between the spouses at the time of conception -- Mere allegations of adultery do not rebut the presumption of legitimacy.

Criminal Law -- Conviction Under Section 34 IPC Requires Prior Meeting of Minds -- For convicting an accused with the aid of Section 34 IPC, there must be evidence of common intention -- Mere presence at the scene of the crime or accompanying the principal accused does not establish common intention.

Service Law -- Quashing disciplinary proceedings due to bias entitles the employee to full retrospective benefits, including promotion and monetary relief – Court emphasized the need for fairness and substantive compliance with judicial orders, avoiding reliance on technicalities.

Constitution of India -- Prohibition of Discrimination on Religious Grounds (Article 15(1)) -- Discrimination against the appellant based solely on his Christian faith, preventing burial in the native village graveyard, contravenes Article 15(1).

Civil Law -- Possession of Land at the Time of Application -- Guidelines issued by the Corporation required the applicant to possess the land (by ownership or lease) as of the last date of application. Subsequent acquisition was permitted if compliant with specifications and guidelines.

Civil Law -- Limited Scope of Judicial Interference in Arbitration -- Under Section 34 of the Arbitration and Conciliation Act, 1996 -- Court does not sit as an appellate body over the arbitral award -- Interference is limited to grounds such as:

 Violation of public policy.

 Patent illegality on the face of the award.

 Arbitrary, capricious, or perverse findings that shock the conscience of the court.

Limitation Act -- Accrued Rights under Limitation -- Retrospective limitation provisions cannot extinguish vested rights (M.P. Steel Corporation principle) -- Execution date determines accrued rights under Section 47, Registration Act.

Criminal Law -- Section 498A IPC -- Harassment aimed at coercing a woman or her relatives to meet unlawful dowry demands constitutes cruelty.

Criminal Law -- Prima Facie Case -- For criminal proceedings to proceed, allegations must satisfy essential ingredients of offenses -- Mere allegations without supporting evidence or intent are insufficient.

Maintainability of Writ Petitions Against Orders of MSEFC -- Writ jurisdiction under Article 226 of the Constitution is not entirely barred against orders or awards passed by the Micro and Small Enterprises Facilitation Council (MSEFC) under Section 18 of the MSMED Act.

Paramount Consideration of Child’s Welfare -- Welfare of the minor child is of paramount importance in custody and visitation matters, as per Section 13 of the Hindu Minority and Guardianship Act, 1956.

Election Law -- Interim Bail and Election Campaign -- Interim bail can be granted in special contingencies but is not automatically permissible for purposes like contesting elections or campaigning.

Civil Law -- Scope of Delay Condonation -- Appeals filed within the limitation period against the final order should not be penalized for also challenging earlier interim orders -- Courts must adopt a liberal approach in condoning delays, particularly when appeals are filed promptly against final orders.

Criminal Law -- Reliability of Related Witnesses -- Relationship with the deceased does not disqualify testimony; scrutiny for consistency and corroboration is sufficient -- Testimony must inspire confidence when viewed holistically.

Presumption of Ownership (Punjab Land Revenue Act, 1887) -- Section 42(1) -- When records of rights were completed before 18th November 1871 and do not expressly state ownership by landowners, forests, quarries, and waste lands are presumed to belong to the State Government.

Criminal Law -- Abetment involves instigation, conspiracy, or intentional aid to commit an act -- Mere disapproval or casual remarks do not amount to "instigation" unless they provoke or push the deceased into a position where they feel compelled to take their life.

Service Law -- Judicial Review in Disciplinary Proceedings -- Courts in judicial review under Article 226 of the Constitution cannot reappreciate evidence or substitute their judgment for that of the disciplinary authority.

Aircraft Act -- Special laws like the Aircraft Act prevail over general laws like the IPC in matters of aviation security -- Section 12B of the Aircraft Act is a procedural safeguard requiring complaints to originate from aviation authorities, limiting the local police's role.

Central Excise Act -- Price as Sole Consideration -- For Section 4(1)(a) to apply, price must be the sole consideration, which was not the case in the MOU transactions -- Extended Limitation Cannot be invoked without concrete evidence of suppression or fraud, especially when the department is already aware of material facts.

Service Law -- Natural Justice and Procedural Fairness -- Disciplinary authorities must base findings on legally admissible evidence -- Fair consideration of the charged employee’s response is a procedural necessity -- Disciplinary proceedings initiated for retaliatory purposes are an abuse of power.

Section 306 IPC -- Abetment of Suicide -- For a charge under Section 306 IPC, there must be clear evidence of abetment as defined under Section 107 IPC -- Mere harassment or heated words, without the intention to provoke suicide, do not amount to abetment.

Scope of Judicial Review on Prison Transfers -- Inspector General of Prisons has the authority to order intra-state transfers under Section 29 of the Prisoners Act, 1900 and Rule 770(B) of the State Jail Manual -- Transfers can be made on security grounds under Rule 9.01(vii) of the Prison Manual, 2016, emphasizing the maintenance of discipline and order in prisons.

Civil Law -- Applicability of Section 100 CPC (Second Appeals) -- A second appeal is maintainable only if the High Court is satisfied that it involves a substantial question of law -- No interim relief can be granted in a second appeal unless substantial questions of law are framed.

Civil Law -- Merger of Decrees -- When an appellate court decides a case, the trial court’s decree merges with the appellate court's decree, leaving only the appellate court’s decree operative -- Doctrine of merger applies regardless of whether the appellate court affirms, modifies, or reverses the trial court’s decree.

Conviction under the PC Act -- Public servants, as defined under Section 2(c)(iii), are subject to the Act for criminal misconduct related to their official duties.

Grave and Sudden Provocation -- Exception 1, Section 300 IPC -- Provocation must be grave, sudden, and sufficient to deprive self-control -- Act must occur during the loss of self-control.

Legislative Provisions -- Transgender Persons (Protection of Rights) Act, 2019 -- Discrimination in access to public facilities, including washrooms -- Government to create washroom facilities specifically for transgender persons.

Service Law -- Promotion Criteria under the Jharkhand Superior Judicial Services Rules, 2001 -- 65% quota Promotion based on merit-cum-seniority and passing a suitability test -- Suitability threshold -- Candidates must score a minimum of 40 marks.

Applicability of Limitation Act to Arbitration and Conciliation Act -- Section 43 of the ACA explicitly applies the Limitation Act, 1963, to arbitrations and related court proceedings under the ACA.

Section 125 Cr.P.C. - Maintenance to Wives – Entitlement -- A wife is entitled to maintenance if she is unable to maintain herself and her husband neglects or refuses to provide for her.