Case Note : 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

Case Note : 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.

Case Note : 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.

Case Note : 11 Head Note 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.

Case Note : • 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.

Case Note : 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.

Case Note : 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.

Case Note : 17 HEAD NOTE 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.

Case Note : HEAD NOTE 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.

Case Note : The assessment of compensation for 'pain and suffering' and 'loss of amenity of life' must be grounded in the specific special circumstances of the claimant. In determining such awards, the Court must transition beyond a mere mathematical calculation to consider qualitative factors including age of the Claimant, unusual Deprivation and future impact.