Case Note : Sale of property '"as is where is" basis encumbrances, including statutory dues, pass to purchaser, Condition u/S 49 of the Electricity (Supply) Act, 1948 requiring a new owner two clear arrears of the previous owner before grant of electricity supply, as the same has statutory character and binding on the purchaser.

Case Note : When there is overwhelming evidence with regard to participation of the accused (s) in the substantive offence in the question, acquitting some of the accused for the substantive offence and convicting them merely for conspiracy on mis- appreciation of evidence cannot be justified.

Case Note : No retrospective promotion or retrospective seniority can be granted from a date when the employee had not even been borne in the cadre Such retrospective benefit, if conferred, would prejudicially effect the right of validly appointed direct recruits in the interregnum and are therefore, impermissible in law.

Case Note : " When the appointment of the candidates is a nullity in law making them disentitled to hold the posts, the principle of natural justice were not requi8red to be complied with, particularly when the same would be nothing short of an exercise in futility".

Case Note : An uncommunicated ACR, and even an ACR communicated at an inordinately delayed stage, cannot be taken into consideration for any adverse service consequence. The principal of nature justice mandatetimely communication of all entries, particularly adverse remark, so as to afford the employee a fair opportunity to represent and seek redress. Any performance assessment that is not duly and promptly conveyed losses its evidentiary value and cannot lawfully from the basis for denial of promotion, selection, pr other service.

Case Note : The Court has no jurisdiction to direct t the State to create or sanction posts provide promotional avenues, or amend statutory service rules. Creation of posts structuring of cadres. and amendment of recruitment rules fall exclusively within the executive and legislative domain.

Case Note : While granting admissions, especially to higher and specialised courses, merit must prevail to safeguard educaitonal standard relaxing merit at such levels under the guise institutional reservation or domicile reservation would risk compromising critical professional excellence.

Case Note : " When the prosecution case is marred by a vitiated identification process, absence of scientific or medical corroboration, material contradiction in key witness statement, and significant investigative lapses, the evidentiary foundation becomes too weak to sustain conviction Even the sensitive offences,the law require prosecution to establish identity and participation of the accused with certainty Where such a doubtful, the benefit of doubt must necessarily follow in the favour of the accused".

Case Note : " Sealed cover proceeding in respect of the Departmental Promotion Committee (DPC) may be resorted to only in circumstances where a charge sheet has been filed before the competent Criminal Court, or where a memorandum of charges has been issued in a duly initiated departmental enuiry"

Case Note : Nomination by the employee itself would not give right to claim succession certificate.