1. ORDER 41 RULE 23A OF CPC : An order of remand may be passed under
this provision only when the findings recorded by the learned trial Court are
reversed in appeal and a retrial is considered necessary.

2. A victim of rape or sexual assault is not an accomplice, and her
evidence does not require corroboration as a matter of law. Corroboration
is only a matter of prudence, not a condition for conviction. If the victim’s
testimony is credible, natural, consistent, and trustworthy, and free from
material infirmities, the Court may act upon it even without independent
corroboration.

3. Once the First Appellate Court formed an opinion
to remand the case to the trial Court by assigning
cogent reasons, there was no need to record
findings on several issues on merits

4. 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.

5. 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.

6. Employees appointed against duly sanctioned vacancies through a regular selection process and continued in long, uninterrupted service cannot be denied regular status merely on the basis of the label “contractual” in their appointment orders. When such appointments are made following due procedure and against existing posts, substantive rights cannot be subordinated to form or nomenclature. A cryptic and mechanical rejection of regularization, without due consideration of these material aspects, is unsustainable in law.

7. 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.

8. 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.

9. 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.

10. 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.