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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

a) The date in the recruitment notification, or

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Criminal Law -- Section 319 CrPC -- Empowers court to summon a person not charge-sheeted if trial evidence suggests complicity -- Can be invoked even on the basis of examination-in-chief, no need to await cross-examination.

Service Law -- Dismissal -- Approval of charge-sheet by the appointing authority is not mandatory unless the rules specifically require it -- Article 311 only bars dismissal/removal by a subordinate authority, not initiation of proceedings.

Criminal Law -- Speech or poetry must be judged using the standard of a reasonable, courageous person, not of the overly sensitive -- Freedom of expression includes dissent, protest, and artistic expression, even if unpopular.

Customs law -- Classification Must Follow Tariff Rules – “Most Akin” Test -- Rule 4 of the General Rules for Interpretation of the First Schedule to the Customs Tariff Act, 1975 is crucial.

Criminal Law -- Medical evidence overriding oral evidence is crucial when cause of death is disputed -- Benefit of doubt remains a core principle in criminal jurisprudence when the case isn’t proved beyond reasonable doubt.

Eviction under Senior Citizens Act is not automatic, even if property is self-acquired -- Maintenance is the primary remedy, and eviction must be justified as necessary and expedient.

Land Acquisition -- LARR Act, 2013 prioritizes objective computation of market value using circle rates or average sales, not subjective deductions -- Theory of deduction is discretionary, not mandatory applies only if Collector finds the statutory method yields inaccurate value.

Insolvency and Bankruptcy Code -- Resolution Plans under IBC are binding on all stakeholders, including Central/State Governments -- Failure to file claims during CIRP leads to extinguishment of dues even statutory ones.

Contempt of Courts Act -- Judicial Discretion in Contempt -- Contempt jurisdiction is discretionary and exercised to uphold the majesty of law, not to enforce personal grievances where compliance is already made.

Service Law -- Administrative Lapse Cannot Penalize Pensioner -- Employees or pensioners should not suffer for official omissions or calculation errors -- If excess pension is paid due to employer’s mistake, recovery is not permissible from the pensioner.

Consumer Protection -- Homebuyers cannot be compelled to take delayed possession and are entitled to refund with fair interest.

Negotiable Instruments Act -- Section 139 presumption is rebuttable, and procedural compliance is critical -- Misuse of security cheques and failure to disclose prior transactions can be fatal to prosecution.

Criminal Law -- Section 482 CrPC should not be used to circumvent Section 397(3) once a revision has been decided -- At the stage of framing charges or deciding discharge, courts must see if a prima facie case exists, not whether a conviction is likely.

Anticipatory Bail in SC/ST Act Cases -- Bar on anticipatory bail under the SC/ST Act is not absolute -- If no prima facie case is made out, bail can be granted (Prathvi Raj Chauhan case).

Consumer Protection -- Tripartite agreements (Bank-Builder-Borrower) must be honored by all parties to avoid disputes -- Bank’s discretion in loan recall must align with RBI guidelines and should not lead to unfair trade practices.

Civil Law -- A Will executed after a court auction sale has no effect on the sold property -- A person without legal title cannot transfer property through sale deeds.

Land Acquisition – Compensation -- Annual price escalation (5% in this case) can be applied for determining land value as of the acquisition date -- Evidence of income from trees is crucial for claiming additional compensation.

Criminal Law -- Lack of premeditation and sudden provocation can reduce a murder charge (Section 302 IPC) to culpable homicide (Section 304 IPC) -- If an accused acts in the heat of the moment due to provocation, they may be entitled to a reduced sentence under Section 304 Part I IPC.

Motor Accident -- Holding a learner’s license does not automatically mean negligence -- Negligence must be proven, not assumed based on circumstances -- If contributory negligence is not pleaded in defense, it cannot be introduced later.

Service Law -- Transfers in public interest and transfers at an employee’s request are distinct and have different consequences for seniority -- An employee requesting cadre change must accept being placed below all existing employees in the new cadre.

Determination of consent in sexual relationships -- A mere failure to marry does not automatically lead to a rape charge unless there was a false promise inducing consent -- Consent must be assessed based on the complainant’s actions and statements as a whole.

Conviction -- Concurrent findings of guilt by lower courts are difficult to overturn unless strong contrary evidence is presented -- Courts can intervene if the State wrongly applies a harsher remission policy to a convict.

Judicial Power -- High Courts cannot order a CBI investigation in a bail application unless exceptional circumstances exist -- Jurisdiction in bail matters ends once bail is granted or denied; courts cannot pass unrelated directions.

Transfer of Property Act -- A registered gift deed with acceptance cannot be revoked unilaterally -- Retention of life interest does not change the nature of the gift -- Subsequent sale based on an invalid cancellation deed is legally unenforceable.

Criminal Law -- Arrest at the scene of a riot does not automatically prove guilt -- Courts must distinguish between bystanders and participants in mob violence -- Benefit of doubt must go to the accused where specific roles are not proved.

Limitation Act -- Delay can be condoned even if considerable, provided -- No prejudice or third-party rights affected -- Public interest or land involved is significant -- Some cause, though not ideal, is plausible -- Sufficient cause is a flexible concept, but cannot be stretched to justify negligence.

Conviction -- Relatives’ testimonies are admissible if found trustworthy -- Sudden fights, even causing death, can attract Exception IV to Section 300 IPC -- Nature of weapon, absence of premeditation, and conduct during assault are key indicators to distinguish murder from culpable homicide.