1. 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.

2. 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.

3. 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.

4. 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.

5. 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.

6. A complaint under Section 138 of the Negotiable Instrument Act can be
filed through power of attorney holder, if averments regarding awarnes
about the transaction relates to dishonour of the cheque is availble on
record.

7. Scope of judicial review in contractual and tender matters is extremely limited. The Court does not sit as an appellate authority over the terms of the tender or the commercial wisdom of the employer, but confines itself to examining the decision-making process. Interference is warranted only where mala fides, arbitrariness, bias or perversity is pleaded and established. In absence of any infirmity in the decision-making process, tender conditions and policy decisions of the procuring authority are not amenable to judicial interference.

8. A daughter of a coparcener becomes a coparcener by birth in
the same manner as a son. The plea of oral partition cannot be
accepted, as the statute recognises partition, only when it is
effected either by a deed of partition duly registered under the
provisions of the Registration Act, 1908, or by a decree of a
competent court.

9. The rights under the amended Section 6 of the Hindu
Succession Act, 1956 can be claimed even by a daughter born
prior to 09.09.2005, subject to the saving clause contained in
Section 6(1), namely that any disposition or alienation,
partition, or testamentary disposition which had taken place
before 20th December, 2004 shall not be affected.

10. Presumption regarding documents which are 30 years old does not apply to Will which must be proved in terms of Section 63(c) of the Succession Act and Section 68 of Evidence Act.