Loading...

Latest AFR

1. Any form of custodial abuse or harassment is wholly unacceptable. The police are thus directed to strictly comply with constitutional mandates and binding judicial precedents, especially in cases arising out of trivial or minor public disputes. The object of these directions is to safeguard the dignity and liberty of citizens and to prevent illegal detention, unnecessary handcuffing, public parading, or mental and physical humiliation.

2. Preventive arrest under the BNSS must conform to statutory safeguards and constitutional requirements. Arrest without registration of a cognizable offence, without informing the arrestee of the grounds of arrest, and mechanical remand without application of mind violate Articles 21 and 22(1) of the Constitution of India. Such illegal detention justifies quashment of proceedings and award of compensation as a public law remedy.

3. Where the Domestic Incident Report is vague, lacks the material particulars required under Section 9 of the Protection of Women from Domestic Violence Act, 2005, and the proceedings are initiated with mala fide intent or as a pressure tactic in matrimonial disputes, the continuation of such proceedings amounts to an abuse of
the process of law.

4. A gift deed may be annulled by invoking the provisions of Section 23 of the Maintenance and Welfare of Parents
and Senior Citizens Act, 2007, even if the condition is not explicitly stated in the gift deed. A Tribunal has the authority to go beyond the formal wording of the deed to evaluate the true intent from the circumstances, relationships and conduct.

5. In disciplinary proceedings, a quasi-judicial authority is bound to
strictly adhere to the statutory rules governing punishment. Any order
issued in violation of these rules or beyond their scope is without
jurisdiction, null and void, and cannot be enforced against the
delinquent employee.

6. Under the “merit-cum-seniority” principle, merit and ability are the
dominant factors in promotion, while seniority is given consideration
only when candidates are nearly equal in merit. The selection primarily
depends on competence and performance rather than length of service.

7. Marriage in contravention of S. 5 (i) of the Hindu Marriage Act, 1955
is void ab initio u/S 11. The necessary condition for a lawful marriage as
laid down u/S 5 (i) is that neither party should have a spouse living at the
time of marriage. Such marriage cannot be justified on the ground that the
same was recognized by custom or usage.

8. In absence of specific details of subject property under the sale agreement, the decree for specific performance cannot be passed.

9. The readiness and willingness to perform his part of contract should be continuous from the date of agreement till the date of filing of suit.

10. In a case based on circumstantial evidence, proof of motive, though not a sine qua non where other incriminating circumstances are firmly established, assumes significant importance in lending assurance to the prosecution case. Motive becomes a vital link in the chain of circumstances when the prosecution relies upon indirect evidence.

Read More

Our Services

What's New
Click here
Virtual Court
Click here
Web Diary
Click here
Roster
Click here
e-Gate Pass
Click here
Complaints
Click here
Hindi Judgement
Click here
Neutral Citation
Click here
Justice Clock
Click here
Online RTI Portal
Click here
Recruitment
Click here

High Court Calendar 2026

August
Working Saturday Weekend Holiday

High Court YouTube Channel

Site is Designed and Maintained by High Court Computer Cell Bilaspur. (Disclaimer)
Hosted by National Informatics Centre (NIC), Ministry of Electronics & Information Technology, Government of India.