Panchayats have no jurisdiction to settle criminal offences, particularly sexual offences against minors. A Sarpanch holds no judicial or magisterial authority. Under Sections 19 and 21 of t..

Under the Rajasthan Compassionate Appointment of Deceased Government Servant Rules, 1996, the status of a son as a "dependent" cannot be negated solely because his parents were divorced and ..

Forfeiture of security deposit without show-cause notice violates the principle of audi alteram partem. Where State action is arbitrary and carries adverse civil consequences, writ jurisdict..

Conviction in a murder conspiracy requires reliable evidence establishing the role of each accused beyond reasonable doubt. Where the prosecution fails to prove the specific role of an accus..

Reference to a person's profession, without more, does not constitute an offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. To attract Sections 3(1..

The Maternity Benefit Act, 1961, applies equally to contractual and permanent employees. Section 27 of the Act contains a non-obstante clause expressly overriding any inconsistent terms in c..

Mere use of words "Waqf" or "Mosque" in a title deed is not conclusive proof of public dedication. For a valid public Waqf, the founder must completely divest himself of ownership in favour ..

Regulation 51 of the Post Office Regulations, 2024, which treats mail addressed to a deceased person as unclaimed, must be read harmoniously with Regulation 65(1)(c), which permits delivery ..

Matrimonial cruelty under Section 498A of the Indian Penal Code is a continuing offence. Suffering of the victim does not end with a single isolated incident but persists as long as oppressi..

A person of unsound mind is not automatically incompetent to testify. Under Section 118 of the Indian Evidence Act and Section 124 of the Bharatiya Sakshya Adhiniyam, competency of a witness..

A recruitment notification inviting applications only for the post of District Government Pleader cannot serve as the basis for a combined appointment to the post of Public Prosecutor as wel..

Violation of procedure prescribed under Section 14 of the SARFAESI Act, 2002 can justify exercise of writ jurisdiction under Article 226 of the Constitution, even where an alternative remedy..