Insurance Law -- In light of the vital role that trust plays in insurance contracts, it is important to ensure that the insurer adequately fulfils the duty that has been cast on it, by virtue of such a covenant.

Narcotic Drug and Psychotropic Substances Act – While deciding the question whether prejudice has been caused to the accused because of the omission, the delay in raising the contention is only one of the several factors to be considered.

Income Tax Act – Gain from foreign exchange fluctuations from the EEFC account does not fall within the meaning of “derived from” the export of garments by the assessee -- The profit from exchange fluctuation is independent of export earnings.

Criminal Law – Conviction -- In view of Sections 15 and 16 of Juvenile Justice Act, 2000, since the maximum period for which a juvenile can be detained is three years.

Prevention of Money Laundering Act, 2002 -- A murder may be committed in the heat of moment upon passions being aroused -- An economic offence is committed with cool calculation and deliberate design with an eye on personal profit regardless of the consequence to the community.

Indian Succession Act -- Under the Hindu law, whether among the regenerate caste or among Sudras, there cannot be a valid adoption unless the adoptive boy is transferred from one family to another and that can be done only by the ceremony of giving and taking -- To achieve this object, it is essential to have a formal ceremony.

Air (Prevention and Control of Pollution) Act, 1981 -- Industry which comes into operation without obtaining consent to establish, be granted Ex-post facto Consent to establish in case unit is presently compliant in all respects -- But simultaneously prosecution action will be taken against the unit which violated the provisions of the Water/Air Acts by not obtaining prior consent to establish from the Board, as a past violation.

Service Law – Recruitment -- Appointments already made under the first advertisement (for Post Code 447) shall not be disturbed merely because some of the appointees may have gained eligibility based on the order of relaxation/clarification dated 21.08.2017, which was approved by the State cabinet.

Electricity Act, 2003 -- Non-availability of domestic gas -- Contracts for alternate fue -- If the contract is capable of interpretation of its plain meaning with regard to the true intention of the parties it will not be prudent to read implied terms on the understanding of a party, or by the court, with regard to business efficacy.

Employees Provident Fund and Miscellaneous Provisions Act, 1952 -- EPF Act is a social welfare legislation, described as a measure of social justice, so, in order to give effect to the legislature's intention, the Court will have to adopt a purposive interpretation.

Arbitration and Conciliation Act, 1996 -- Appointment of an arbitrator for the adjudication of disputes and claims emanating from the Contract -- Respect for arbitration is based on it being a cost-effective and efficient method of resolving disputes -- When arbitration is realistically unattainable, it amounts to no dispute resolution mechanism at all.

UP VAT Act -- Full benefit of Input Tax Credit -- It says that where during the manufacture of any taxable goods, any exempt goods are produced as by-products or waste product, it shall be deemed that the purchased goods have been used in the manufacture of taxable goods, creating a wholly distinct scheme to the one envisaged under the Karnataka VAT Act.

Criminal Law – Acquittal -- That a Court of Appeal should be circumspect in overturning its judgment of acquittal, is not a principle that requires reiteration. It has been held time and again that an acquittal will only be overturned in the presence of very compelling reasons.

Criminal Law – Murder -- In a murder case, the non-explanation of the injuries sustained by the accused at about the time of the occurrence or in the course of altercation is a very important circumstance from which the court can draw the following inferences:

(1) that the prosecution has suppressed the genesis and the origin of the occurrence and has thus not presented the true version;

(2) that the witnesses who have denied the presence of the injuries on the person of the accused are lying on a most material point and therefore their evidence is unreliable;

Criminal Law – Bail -- Where the offence is punishable with imprisonment for life and where the offence is triable by the Magistrate, the learned Magistrate will be well within his jurisdiction to release the accused on bail, of course, subject to the facts of each case.

Criminal Law – Conviction -- Culpable homicide is not murder if it is committed without premeditation in a sudden fight in the heat of passion upon a sudden quarrel and without the offender having taken undue advantage or acted in a cruel or unusual manner.

Gujarat Value Added Tax Act – Corporate Debtor -- State is a secured creditor under the GVAT Act. Section 3(30) of the IBC defines secured creditor to mean a creditor in favour of whom security interest is credited -- Such security interest could be created by operation of law.

Civil Law -- Rejection of a plaint in part -- The plaint can and must be rejected in exercise of powers under Order 7 Rule 11(d) CPC on account of non-compliance with mandatory requirements or being replete with any institutional deficiency at the time of presentation of the plaint, ascribable to clauses (a) to (f) of Rule 11 of Order 7 CPC -- In other words, the plaint as presented must proceed as a whole or can be rejected as a whole but not in part.

Prevention of Corruption Act, 1988 – Section 12 -- For abetment to be established, it is necessary to demonstrate that the abettor ‘intentionally’ assisted in the commission of the crime. Simply proving that the alleged abettor’s intervention was required for the crime to be committed is insufficient to meet the requirements of Section 107 IPC.

Motor Accident Claims -- Legal propositions being so well settled, it is indeed shocking that insurance companies deem it appropriate to raise such pleas as a matter of course, without reference to the facts of the given case and/or the evidence available therein, and also consider it necessary to carry such matters in appeal till the last forum, unmindful of the wastage of valuable curial time and effort.

Criminal Law -- Is a second petition maintainable under Section 482 Cr.P.C. on grounds that were available for challenge even at the time of filing of the first petition thereunder -- Though it is clear that there can be no blanket rule that a second petition under Section 482 Cr.P.C. would not lie in any situation and it would depend upon the facts and circumstances of the individual case, it is not open to a person aggrieved to raise one plea after the other, by invoking the jurisdiction of the High Court under Section 482 Cr.P.C., though all such pleas were very much available even at the first instance.

Delhi excise policy scam -- Supreme Court rejects bail pleas of Manish Sisodia – Bench said We have made one pointed observation that they have said that the trial will conclude in six to eight months -- So within three months, if the trial proceeds in a sloppy manner or slowly, he will be entitled to file an application for bail.

Negotiable Instruments Act – Section 138 -- Admission during cross-examination that the cheque amount exceeded the outstanding amount was also to be taken into consideration -- Given the circumstances, the observations of the Magistrate cannot be considered erroneous, especially when there is no documentary evidence and the admissions were elicited during cross-examination.

Civil Law -- Temporary Injunction -- It is well settled that in a joint Hindu Mitakshara family, a son acquires by birth an interest equal to that of the father in ancestral property. The father by reason of his paternal relation and his position as the head of the family is its Manager and he is entitled to alienate joint family property so as to bind the interests of both adult and minor coparceners in the property, provided that the alienation is made for legal necessity or for the benefit of the estate or for meeting an antecedent debt.

Maharashtra Transfer of Property Act -- Private forest -- DRCs dated 6 June, 2019 issued by the Municipal Corporation, is conditional -- The Petitioners are required to obtain NOC from the Forest Department before using the DRCs -- The Forest Department, has objected to giving an NOC, as according to them the said property falls under Private Forest.

Criminal Law – Dying Declarations -- The primary requirement for all dying declarations is that they should be voluntary and reliable and that such statements should be in a fit state of mind -- When there are inconsistencies, the statement that has been recorded by a Magistrate or like higher officer can be relied on, subject to the indispensable qualities of truthfulness and being free of suspicion.

Service Law – Selection -- The non-disclosure of the information of involvement in the criminal case and subsequent acquittal there from cast a serious doubt upon character and the antecedents which is sufficient enough to disentitle from employment.

Code of Criminal Procedure – Section 311 -- Power to recall witnesses under Section 311 ought to be exercised sparingly and mere hostility by a witness, per se, would not be a sufficient ground to infer misuse of concession of bail.

Criminal Law – Dowry Death -- The provisions of Section 221 CrPC take care of such a situation and safeguard the powers of the criminal court to convict an accused for an offence with which he is not charged although on facts found in evidence, he could have been charged for such offence. Section 221 CrPC needs reproduction.

Land Acquisition Act – Compensation -- Where there is no evidence of any contemporaneous sale transactions or acquisitions of comparable lands in the neighbourhood -- The said method is reasonably safe where the relied on sale transactions/acquisitions precede the subject acquisition by only a few years, that is, up to four to five years. Beyond that it may be unsafe, even if it relates to a neighbouring land. What may be a reliable standard if the gap is of only a few years, may become unsafe and unreliable standard where the gap is larger.

West Bengal Premises Tenancy Act – Tenancy Acts provide for certain protections to the tenants beyond the contractual rights -- The proceedings initiated on account of non-payment of rent have to be dealt with in that manner as a tenant cannot occupy the premises and then not pay for it -- This is so even if there is a dispute about the rent -- The tenant is thus required to deposit all arrears of rent where there is no dispute on the admitted amount of rent and even in case of a dispute.

Criminal Law -- Life imprisonment – Dying Declaration -- Placing the gauntlet of guilt upon the convict-appellant based on dying declarations when no other material particulars, apart from his name could be elicited therefrom would be unjustified.

Same Sex Marriages -- Supreme Court refused to grant legal recognition to same-sex marriages -- Pleas seeking legal validation for same-sex marriages, said the court can't make law but only interpret it and it is for Parliament to change the Special Marriage Act.

Consumer Protection Act – Death undergoing follow up care and treatment after a major neurosurgery -- A doctor cannot be held negligent only because something has gone wrong -- He also cannot be held liable for mischance or misadventure or for an error of judgment in making a choice when two options are available -- The mistake in diagnosis is not necessarily a negligent diagnosis.

Medical Termination of Pregnancy Act -- In the absence of a direction to stop the heartbeat, the viable foetus would be faced with a significant risk of lifelong physical and mental disabilities -- The reports submitted by the Medical Board speak for themselves -- For these reasons, we do not accede to the prayer for the medical termination of the pregnancy -- Decision of whether to give the child up for adoption is entirely that of the parents.

Service Law -- Recruitment -- The principle of reasonable accommodation acknowledges that if disability” should be remedied and opportunities are “to be affirmatively created for facilitating the development of the disabled.

Supreme Court Rules, 2013 -- Creating a special class of Advocates with special rights, privileges and status not available to ordinary Advocates is unconstitutional being violative of the mandate of equality under Artilce14 and Right to Practice any Profession under Article 19 as well as Right to Life under Article 21 of the Constitution of India -- Indulgence to the junior members of the Bar, in a sense, is more than to the senior members because it is also part of the duty of the Bench to help with the evolution of the Bar.

NDPS Act – Section 52(A) – Compliance – The mere fact that the samples were drawn in the presence of a gazetted officer is not sufficient compliance of the mandate of sub¬section (2) of Section 52A – Conviction of the appellant deserves to be set aside.

Urban Land (Ceiling and Regulation) Repeal Act, 1999 – Possession -- Possession of the surplus land was taken by the State before the cutoff date as specified in the Repeal Act, 1999. Observations, if any, in this regard are purely for the purpose of deciding whether the High Court should have entertained the writ petition or not. Hence, if any suit is instituted the same shall be decided on its own merits.

Civil Law – Recruitment -- The principle that if two views are reasonably possible on a given set of facts and that the courts would stay away from interference and not substitute its view for the view taken by the employer, may not apply in a case of the present nature where the conflicting views could be resolved by a mere reference to the certificate issuing authority to clarify what the certificate connoted.

Protection of Children from Sexual Offences Act – Whenever a child is subjected to sexual assault, the State or the Legal Services Authorities should ensure that the child is provided with a facility of counselling by a trained child counsellor or child psychologist. It will help the victim children to come out of the trauma, which will enable them to lead a better life in future.

Civil Law – Suit for partition, separate possession, and permanent injunction -- Suit filed for partition, the courts must endeavour to comprehensively adjudicate and decide the right entitlement and share of the parties in the same proceeding and must avoid multiplicity of proceedings or relegating parties to a fresh round of litigation.

Hindu Marriage Act – Divorce proceedings -- The institution of marriage is still considered to be a pious, spiritual, and invaluable emotional life-net between the husband and the wife in the Indian society -- It would not be desirable to accept the formula of irretrievable break down of marriage as a strait-jacket formula for the grant of relief of divorce under Article 142 of the Constitution of India.

Criminal Law – Life imprisonment -- Courts cannot give benefit thereof, particularly when such claims are bald assertions, to those accused of committing such a person’s murder. And in any event, such a plea is merely presumptuous.

Urban Land (Ceiling and Regulation) Act – Ceiling Act indeed is an expropriatory Legislation. The `payment’ under Section 11 of the Act to a land owner is not fair and just market value of the surplus vacant land -- Principles of strict construction would thus be attracted to such a statute.

Civil Law – Limitation Period – Condonation of Delay -- It was necessary for the Court to also be conscious of the bureaucratic delay and the slow pace in reaching a government decision and the routine way of deciding whether the State should prefer an appeal against a judgment adverse to it -- Even while observing that the law of limitation would harshly affect the party the Court felt that the delay in the appeal filed by the State should not be condoned.

Criminal Law – Conviction -- The principle of vicarious liability does not depend upon the necessity to convict a required number of persons. It depends upon proof of facts, beyond reasonable doubt, which makes such a principle applicable.

Criminal Law – Conviction -- The rule of benefit of reasonable doubt does not imply a frail willow bending to every whiff of hesitancy. Judges are made of sterner stuff and must take a practical view of legitimate inferences flowing from evidence, circumstantial or direct -- The role of courts in such circumstances assumes greater importance and it is expected that the courts would deal with such cases in a more realistic manner and not allow the criminals to escape on account of procedural technicalities, perfunctory investigation or insignificant lacunas in the evidence as otherwise the criminals would receive encouragement and the victims of crime would be totally discouraged by the crime going unpunished.

Narcotic Drugs and Psychotropic Substances Act, 1985 – Conviction -- It is general judicial experience that in matters of law involving questions of construing statutory or constitutional provisions, two views are often reasonably possible and when judicial approach has to make a choice between the two reasonably possible views, the process of decision making is often very difficult and delicate.

Civil Law – Perpetual injunction -- A cloud is said to raise over a persons title, when some apparent defect in his title to a property, or when some prima facie right of a third party over it, is made out or shown. An action for declaration, is the remedy to remove the cloud on the title to the property.

Hindu Succession Act – Will -- Section 68 of the Evidence Act requires at least one attesting witness to the Will to prove its execution in terms of Section 63 of the Succession Act.

Civil Law – Ejectment -- Statutory claim under Section 13-B and Section 18-A of the East Punjab Urban Rent Restriction Act, explained the procedure for availing relief of leave to defend the eviction proceeding and the same reasoning is applicable to the case in hand as well.

Service Law -- Compassionate appointment is an exception to the general rule of appointment where the breadwinner dies in leaving his family in penury and without any means of livelihood, and in such cases, out of pure humanitarian consideration taking into consideration the fact that some source of livelihood is to be provided due to which the family would be able to make their life to meet the financial crisis.

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act – A disturbing trend has emerged in this court of repeated applications, styled as Miscellaneous Applications, being filed after a final judgment has been pronounced. Such a practice has no legal foundation and must be firmly discouraged. It reduces litigation to a gambit. Miscellaneous Applications are becoming a preferred course to those with resources to pursue strategies to avoid compliance with judicial decisions. A judicial pronouncement cannot be subject to modification once the judgment has been pronounced, by filing a miscellaneous application.

Juvenile Justice (Care and Protection of Children) Act, 2015 -- Section 94 -- Wherever the dispute with respect to the age of a person arises in the context of her or him being a victim under the POCSO Act, the courts have to take recourse to the steps indicated in Section 94 of the JJ Act. The three documents in order of which the Juvenile Justice Act requires consideration is that the concerned court has to determine the age by considering the following documents:

(i) the date of birth certificate from the school, or the matriculation or equivalent certificate from the concerned examination Board, if available; and in the absence thereof;

(ii) the birth certificate given by a corporation or a municipal authority or a panchayat;

(iii) and only in the absence of (i) and (ii) above, age shall be determined by an ossification test or any other latest medical age determination test conducted on the orders of the Committee or the Board.

Medical Negligence -- Res Ipsa Loquitur – Applicability of -- In the context of medical negligence cases, Where negligence is evident, the burden of proof shifts onto the hospital or medical practitioners.

Criminal Law -- The order of the Magistrate summoning the accused must reflect that he has applied his mind to the facts of the case and the law applicable thereto. The application of mind has to be indicated by disclosure of mind on the satisfaction. Considering the duties on the part of the Magistrate for issuance of summons to the accused in a complaint case and that there must be sufficient indication as to the application of mind and observing that the Magistrate is not to act as a post office in taking cognizance of the complaint.

Transfer of Property Act – Tenancy Agreement -- A document required to be registered, if unregistered is not admissible into evidence under Section 49 of the Registration Act -- Such unregistered document can however be used as an evidence of collateral purpose as provided in the proviso to Section 49 of the Registration Act -- A collateral transaction must be independent of, or divisible from, the transaction to effect which the law required registration.

Criminal Law – Code of Criminal Procedure – Section 100 (4) -- Persons in charge of closed place to allow search – Before making a search under this Chapter, the officer or other person about to make it shall call upon two or more independent and respectable inhabitants of the locality in which the place to be searched is situate or of any other locality if no such inhabitant of the said locality is available or is willing to be a witness to the search, to attend and witness the search and may issue an order in writing to them or any of them so to do.

Civil Law – Power of High Court -- The power of the High Court under Article 226 cannot be equated with the power of the Supreme Court under Article 142 of the Constitution and the width, amplitude and scope of the power of the Supreme Court under Article 142 of the Constitution is much more than the power of the High Court under Article 226 of the Constitution -- Prohibitions or limitations in the statutory provisions do not limit the power of the Supreme Court under Article 142,

Criminal Law -- In dealing with a criminal case where the prosecution relies upon the confession of one accused person against another accused person, the proper approach to adopt is to consider the other evidence against such an accused person, and if the said evidence appears to be satisfactory and the Court is inclined to hold that the said evidence may sustain the charge framed against the said accused person, the court turns to the confession with a view to assure itself that the conclusion which it is inclined to draw from the other evidence is right.

Criminal Law – Role of Police -- The manner in which police investigations are conducted is of critical importance to the functioning of the Criminal Justice System. Not only serious miscarriage of justice will result if the collection of evidence is vitiated by error or malpractice, but successful prosecution of the guilty depends on a thorough and careful search for truth and collection of evidence which is both admissible and probative.

Indian Succession Act – Will – Will is required to fulfil all the formalities required under Section 63 of the Succession Act, that is to say -- The testator shall sign or affix his mark to the Will or it shall be signed by some other person in his presence and by his direction and the said signature or affixation shall show that it was intended to give effect to the writing as a Will -- It is mandatory to get it attested by two or more witnesses, though no particular form of attestation is necessary -- Each of the attesting witnesses must have seen the testator sign or affix his mark to the Will or has seen some other person sign the Will, in the presence and by the direction of the testator, or has received from the testator a personal acknowledgment of such signature -- Each of the attesting witnesses shall sign the Will in the presence of the testator, however, the presence of all witnesses at the same time is not required.

Prevention of Corruption Act – Section 7 – In so far as Section 7 of the Act is concerned, on the proof of the facts in issue, Section 20 mandates the court to raise a presumption that the illegal gratification was for the purpose of a motive or reward as mentioned in the said Section -- The said presumption has to be raised by the court as a legal presumption or a presumption in law. Of course, the said presumption is also subject to rebuttal -- Section 20 does not apply to Sections 13(1)(d)(i) and (ii) of the Act.

Service Law – Absorption -- Screening of the substitutes for their absorption in regular service -- Substitutes, who have acquired temporary status should be screened by screening Committees and not by Selection Boards, Constituted for this purpose before being absorbed in regular Group -'C' (Class-III) and Group-'D' (Class-IV) posts. Such a screening Committee should consist of at least three members, one of whom should belong to the SC/ST Communities and another to minority communities.

Civil Law -- One must be mindful of the fact that once appointed to such a post, a responsibility would be cast on the respondent of maintaining law and order in the society, enforcing the law, dealing with arms and ammunitions, apprehending suspected criminals and protecting the life and property of the public at large.

Criminal Law – Reformation -- The age of the accused, possibility of reformation and rehabilitation of the accused, probability that the accused would not indulge in a criminal act in future, the extreme mental or emotional disturbance due to which the offence was committed, the duress or domination of another person under which the accused committed the offence and the mental unsoundness or incapacity were listed as some of the mitigating circumstances.

Income Tax Act – Dividend income -- The dividend income is, however, exempt from tax in accordance with Article 8(bis) (1) of the Company Income Tax Law -- The tax exemption on dividend is granted with the objective of promoting economic development within Oman by attracting investments.

Civil Law – Custody of Child -- Doctrines of comity of courts, intimate connect, orders passed by foreign courts having jurisdiction in the matter regarding custody of the minor child, citizenship of the parents and the child, etc. cannot override the consideration of the best interest and the welfare of the child and that the direction to return the child to the foreign jurisdiction must not result in any physical, mental, psychological, or other harm to the child.

Kerala Co-operative Societies Act – The definition of co-operative bank in Section 56 of BR Act, 1949 is viewed in terms of Sections 2(u) of the NABARD Act, 1981, it is clear that only a state co-operative bank would be within the scope and meaning of a banking company under Section 2(c) of the BR Act, 1949 on obtaining licence under Section 22 of the said Act.

Civil Law -- While a trial is being conducted, the members of the Bar are expected to act as officers of the Court. They are expected to conduct themselves in a reasonable and fair manner. The members of the Bar must remember that fairness is a hallmark of great advocacy. If the advocates start objecting to every question asked in the cross-examination, the trial cannot go on smoothly.

Criminal Law -- Scope and ambit of Chapter XXV CrPC, including the provisions incorporated by way of amendments in the year 2009, one has to take into account the fact that the court has a larger role to play while considering the case under Section 84 IPC.

An Eyewitness cannot be ignored simply because of medical evidence inconsistencies.

Bengal General Clauses Act, 1899 -- Power to issue to include power to add to, amend, vary or rescind orders etc.— Where, by any Bengal Act or West Bengal Act, a power to issue orders, rules, bye-laws, or notifications is conferred, then, that power includes a power, exercisable in the like manner and subject to the like sanction and conditions (if any), to add to, amend, vary or rescind any orders, rules, bye-laws or notifications so issued.

Criminal Law – Remission in accordance with the prevailing policy of the State -- The application shall be decided in accordance with applicable policy within three months from the date of filing.

Civil Law – Specific performance -- The limitation period of three years under the second part of Article 54, which is from the date when the party had notice of the refusal by the other side, had expired when the suit for specific performance was filed -- Suit is barred by limitation.

Delhi Special Police Establishment Act, 1946 – Section 6A -- Where a statute is adjudged to be unconstitutional, it is as if it had never been. Rights cannot be built up under it; contracts which depend upon it for their consideration are void; it constitutes a protection to no one who has acted under it and no one can be punished for having refused obedience to it before the decision was made.

Consumer Protection Act, 1986 -- Commercial Purpose -- For the purposes of sub-clause (i), “commercial purpose” does not include use by a consumer of goods bought and used by him exclusively for the purpose of earning his livelihood, by means of self-employment.

Election Symbol -- The Ladakh Adminstration was criticised by the Supreme Court for denying the JK National Conference a symbol for the LAHDC-Kargil elections.

Contempt of Courts -- Civil Contempt -- An assurance in the form of an undertaking given by a counsel / advocate on behalf of his client to the court; the wilful breach or disobedience of the same would amount to “civil contempt” as defined under Section 2(b) of the Act 1971

The ‘last seen’ theory can be invoked only when the same stands proved beyond reasonable doubt.

LIC Not Entitled to levy fee for endorsing transfer or assignment of a policy.

Supreme Court releases a man imprisoned for 12 years after concluding that he was a juvenile at the time of offence.

Criminal Law -- The accused person’s plea of “Guilty” or “Not Guilty” or if he refuses to plead or does not plead intelligibly either one or the other), a plea of “Not Guilty” shall be recorded on each charge..

Courts must be on guard, test evidence meticulously when FIR is delayed.

Service Law – Lien -- It is very well settled that when a person with a lien against the post is appointed substantively to another post, only then he acquires a lien against the latter post. Then and then alone the lien against the previous post disappears. Lien connotes the right of a civil servant to hold the post substantively to which he is appointed.

CrPC -- Section 162 of the CrPC which prevents a Trial Judge from looking into the papers of the chargesheet suo motu and himself using the statement of a person examined by the police recorded therein for the purpose of contradicting such person when he gives evidence in favour of the State as a prosecution witness.

Criminal Law -- Question of sentence -- The goal of sentencing can be a combination of incapacitation, specific deterrence, general deterrence, rehabilitation, or restoration.

Preventive detention laws are an “exceptional measure reserved for tackling emergent situations” and must not be used as a tool for enforcing 'law and order'

Hindu Marriage Act, 1955 -- Legitimacy of children of void and voidable marriages -- Children born out of void marriages to get parents' property -- Equal rights have been granted to daughters in the same manner.

Citizenship Act, 1955 -- Overseas Citizen of India card -- Facility should be open to petitioner as well as other candidates based upon available records of those issued OCI cards and who can participate in such counseling having regard to their performance in NEET test, and their ranking.

Service Law – Termination -- Petitioner is not entitled to any benefit on the basis of his subsequent promotion which automatically falls with the termination attaining finality.

Criminal Law – Benefit of Section 438 Crpc -- Any person, who is declared as an absconder and remains out of reach of the investigating agency and thereby stands directly at conflict with law, ordinarily, deserves no concession or indulgence -- when an accused is absconding and is declared as proclaimed offender, there is no question of giving him the benefit of Section 438 CrPC.

Hindu Law – Ancestral Property rights -- A pre-existing right is a sine qua non for conferment of a full ownership under Section 14 of the Hindu Succession Act -- The Hindu female must not only be possessed of the property but she must have acquired the property -- Such acquisition must be either by way of inheritance or devise, or at a partition or “in lieu of maintenance or arrears of maintenance” or by gift or by her own skill or exertion, or by purchase or by prescription.

Criminal Law -- Supreme Court has held there is no specific provision under the Code of Criminal Procedure (CrPC) which requires the investigating agency to file a charge sheet in the language of the court -- Section 272 of the CrPC, which deals with language of courts, says the State Government may determine what shall be, for purposes of this Code, the language of each Court within the State other than the High Court.

Civil Law – Enhancement of Retirement Age -- The idea behind extension of retirement age of doctors was to take care of the emergency situation caused by shortage of doctors, which was resulting in affecting the studies or patient care. It was not merely to grant benefits to a particular class.