1. Where a later statute or set of rules is framed in compliance with or based upon
an earlier statute, and certain beneficial or ancillary provisions are absent in the
later enactment, the Court need not necessarily declare the later enactment
ultra vires. Instead, applying the doctrines of incorporation by reference and
harmonious construction, the Court may read the beneficial provisions of the
earlier statute into the later one, so as to give full effect to the legislative intent
and to avoid injustice or arbitrariness.

2. No appeal would be maintainable before a Division Bench if the writ petition
filed before the learned Single Judge is specifically under Article 227 of the
Constitution of India and it would not be necessary for the Division Bench to
ascertain as to whether the learned Single Judge had exercised its power
under Article 226 or under Article 227 of the Constitution while disposing of the
writ petition.

3. Scientific evidence in the form of DNA report can form the basis
for sustaining the conviction of the accused if other incriminating
evidence supports the prosecution case.

4. Courts have no power to add to, subtract from, or modify the list of
Scheduled Tribes notified under Article 342 of the Constitution of
India, and that the Presidential Order is final and conclusive.

5. Removal and disqualification of an elected Municipal President
under Section 41-A of the Chhattisgarh Municipalities Act, 1961 cannot
be sustained, where the action is based on collective decisions without
specific findings of individual culpability, is vitiated by selective and
discriminatory treatment, and is taken without strict compliance with
statutory safeguards and principles of natural justice.

6. An appeal is a continuation of the original proceeding, the
appellate Courts have co-extensive jurisdiction with that of trial
Court in procedural matters including rectification of Court fee
deficiency.

7. The scope of enquiry at the stage of appointment of Arbitrator is limited
to the scrutiny of prima facie existence of the arbitration agreement,
and nothing else. The Courts must refrain from conducting a mini trial
or entering into disputed factual questions that fall within the arbitral
domain.

8. A gift deed executed by Senior Citizens in favour of a relative can
be annulled under Section 23 of the Maintenance and Welfare of
Parents and Senior Citizens Act, 2007, even in the absence of an
express maintenance clause, where the surrounding circumstances
and subsequent conduct establish an implied obligation of care that is
breached, and concurrent factual findings of neglect warrant no
interference in writ or appellate jurisdiction.

9. Eligibility criteria for being placed in the select list, notified at the
commencement of the recruitment process, cannot be changed
midway through the recruitment process unless the extant Rules so
permit, or the advertisement, which is not contrary to the extant
Rules, so permit. Even if such change is permissible under the extant
Rules or the advertisement, the change would have to meet the
requirement of Article 14 of the Constitution of India and satisfy the
test of non-arbitrariness.

10. A Muslim can bequeath only one third of his assets, a bequest in
excess of one third is rendered valid by the consent of the heirs whose rights
are infringed thereby or where there are no heirs at all.