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M.P. Land Revenue Code, 1959 (MPLRC) — Sections 109, 110 — Mutation of Land Records — Acquisition of Right — Mutation based on a Will — The MPLRC and the Madhya Pradesh Bhu-Rajasv Sanhita (Bhu-Abhilekhon Mein Namantaran) Niyam, 2018, do not prohibit mutation based on a registered will; application for mutation based on a will must be considered on merits — Full Bench decision of the High Court confirmed that an application for mutation based on a will cannot be rejected at the threshold — Where no serious dispute is raised by the natural legal heirs of the deceased tenure holder, mutation based on a will should not be denied. (Paras 15, 18, 19, 21) Specific Relief Act, 1963 — Section 28 (1) — Decree for specific performance — Payment of purchase money — Extension of time — Execution of decree — Where a decree for specific performance allows a period for the purchaser to pay the purchase money, the court has the power under Section 28(1) to extend this time on such terms as it deems fit — The power to extend time for performance of the conditions of the decree cannot be the end of the transaction, and adopting a hyper-technical approach that treats non-extension as final ought to be eschewed — The real test is whether the plaintiff’s conduct amounts to a positive refusal to complete their part of the contract. (Paras 5, 7) Passports Act, 1967 — Sections 5, 6(2)(f), 7, 8, 9, 10, and 22 — Refusal to issue or re-issue a passport due to pending criminal proceedings — Exemption under Section 22 via Notification GSR 570(E) dated 25.08.1993 — Section 6(2)(f) bars issuance if criminal proceedings are pending, but this is subject to “other provisions of this Act,” including Section 22 — GSR 570(E) exempts persons facing criminal proceedings if they obtain permission from the concerned criminal court — This exemption is structured, tying validity and use to the court’s order; it permits issuing a passport where the criminal court allows renewal and retains judicial supervision over foreign travel. (Paras 7.2, 7.6, 7.8, 8, 9, 10, 12, 15, 25) Cochin University of Science and Technology Act, 1986 — Section 31(10) and 31(11) — Selection and Appointment — Validity of Rank List and Communal Rotation — Harmonious Construction — Section 31(10) stipulates that the Rank List remains valid for two years, and vacancies arising during this period “shall be filled up from the list so published” — Section 31(11) mandates that “Communal rotation shall be followed category-wise” — These sub-sections operate in distinct spheres but are not mutually exclusive; the Rank List’s validity period (Sub-sec 10) co-exists with the mandatory application of communal rotation (Sub-sec 11) for every appointment made therefrom — Interpreting Sub-section (11) as becoming operative only after the Rank List expires would render the reservation/rotation requirement otiose during the list’s validity, defeating legislative intent and violating the doctrine of harmonious construction. (Paras 5, 5.2, 5.4, 5.5, 5.5.1, 5.5.2 Penal Code, 1860 (IPC) —Section 302 read with Sections 149 and 148 — Murder —Conviction affirmed by High Court — Appeal to Supreme Court — Sufficiency of evidence — Role of interested/related witnesses — Deposition of PW-4 (mother of deceased and alleged eyewitness) scrutinized closely — Material contradictions found in PW-4’s evidence regarding the manner of assault and who informed her — Failure of prosecution to examine key witness (deceased’s granddaughter, who initially informed PW-4) — Independent witnesses (PW-1, PW-2, PW-3 and PW-9) turned hostile — Recovery of weapons based on accused’s memorandum/statement rendered unreliable when supporting witnesses hostile. (Paras 4, 7, 8, 9, 10, 13, 14, 15)
State Laws

M.P. Land Revenue Code, 1959 (MPLRC) — Sections 109, 110 — Mutation of Land Records — Acquisition of Right — Mutation based on a Will — The MPLRC and the Madhya Pradesh Bhu-Rajasv Sanhita (Bhu-Abhilekhon Mein Namantaran) Niyam, 2018, do not prohibit mutation based on a registered will; application for mutation based on a will must be considered on merits — Full Bench decision of the High Court confirmed that an application for mutation based on a will cannot be rejected at the threshold — Where no serious dispute is raised by the natural legal heirs of the deceased tenure holder, mutation based on a will should not be denied. (Paras 15, 18, 19, 21)

Jan 1, 2026 sclaw
Specific Performance

Specific Relief Act, 1963 — Section 28 (1) — Decree for specific performance — Payment of purchase money — Extension of time — Execution of decree — Where a decree for specific performance allows a period for the purchaser to pay the purchase money, the court has the power under Section 28(1) to extend this time on such terms as it deems fit — The power to extend time for performance of the conditions of the decree cannot be the end of the transaction, and adopting a hyper-technical approach that treats non-extension as final ought to be eschewed — The real test is whether the plaintiff’s conduct amounts to a positive refusal to complete their part of the contract. (Paras 5, 7)

Jan 1, 2026 sclaw
M.P. Land Revenue Code, 1959 (MPLRC) — Sections 109, 110 — Mutation of Land Records — Acquisition of Right — Mutation based on a Will — The MPLRC and the Madhya Pradesh Bhu-Rajasv Sanhita (Bhu-Abhilekhon Mein Namantaran) Niyam, 2018, do not prohibit mutation based on a registered will; application for mutation based on a will must be considered on merits — Full Bench decision of the High Court confirmed that an application for mutation based on a will cannot be rejected at the threshold — Where no serious dispute is raised by the natural legal heirs of the deceased tenure holder, mutation based on a will should not be denied. (Paras 15, 18, 19, 21)
State Laws
M.P. Land Revenue Code, 1959 (MPLRC) — Sections 109, 110 — Mutation of Land Records — Acquisition of Right — Mutation based on a Will — The MPLRC and the Madhya Pradesh Bhu-Rajasv Sanhita (Bhu-Abhilekhon Mein Namantaran) Niyam, 2018, do not prohibit mutation based on a registered will; application for mutation based on a will must be considered on merits — Full Bench decision of the High Court confirmed that an application for mutation based on a will cannot be rejected at the threshold — Where no serious dispute is raised by the natural legal heirs of the deceased tenure holder, mutation based on a will should not be denied. (Paras 15, 18, 19, 21)
Specific Relief Act, 1963 — Section 28 (1) — Decree for specific performance — Payment of purchase money — Extension of time — Execution of decree — Where a decree for specific performance allows a period for the purchaser to pay the purchase money, the court has the power under Section 28(1) to extend this time on such terms as it deems fit — The power to extend time for performance of the conditions of the decree cannot be the end of the transaction, and adopting a hyper-technical approach that treats non-extension as final ought to be eschewed — The real test is whether the plaintiff’s conduct amounts to a positive refusal to complete their part of the contract. (Paras 5, 7)
Specific Performance
Specific Relief Act, 1963 — Section 28 (1) — Decree for specific performance — Payment of purchase money — Extension of time — Execution of decree — Where a decree for specific performance allows a period for the purchaser to pay the purchase money, the court has the power under Section 28(1) to extend this time on such terms as it deems fit — The power to extend time for performance of the conditions of the decree cannot be the end of the transaction, and adopting a hyper-technical approach that treats non-extension as final ought to be eschewed — The real test is whether the plaintiff’s conduct amounts to a positive refusal to complete their part of the contract. (Paras 5, 7)
Passports Act, 1967 — Sections 5, 6(2)(f), 7, 8, 9, 10, and 22 — Refusal to issue or re-issue a passport due to pending criminal proceedings — Exemption under Section 22 via Notification GSR 570(E) dated 25.08.1993 — Section 6(2)(f) bars issuance if criminal proceedings are pending, but this is subject to “other provisions of this Act,” including Section 22 — GSR 570(E) exempts persons facing criminal proceedings if they obtain permission from the concerned criminal court — This exemption is structured, tying validity and use to the court’s order; it permits issuing a passport where the criminal court allows renewal and retains judicial supervision over foreign travel. (Paras 7.2, 7.6, 7.8, 8, 9, 10, 12, 15, 25)
Constitution
Passports Act, 1967 — Sections 5, 6(2)(f), 7, 8, 9, 10, and 22 — Refusal to issue or re-issue a passport due to pending criminal proceedings — Exemption under Section 22 via Notification GSR 570(E) dated 25.08.1993 — Section 6(2)(f) bars issuance if criminal proceedings are pending, but this is subject to “other provisions of this Act,” including Section 22 — GSR 570(E) exempts persons facing criminal proceedings if they obtain permission from the concerned criminal court — This exemption is structured, tying validity and use to the court’s order; it permits issuing a passport where the criminal court allows renewal and retains judicial supervision over foreign travel. (Paras 7.2, 7.6, 7.8, 8, 9, 10, 12, 15, 25)
Cochin University of Science and Technology Act, 1986 — Section 31(10) and 31(11) — Selection and Appointment — Validity of Rank List and Communal Rotation — Harmonious Construction — Section 31(10) stipulates that the Rank List remains valid for two years, and vacancies arising during this period “shall be filled up from the list so published” — Section 31(11) mandates that “Communal rotation shall be followed category-wise” — These sub-sections operate in distinct spheres but are not mutually exclusive; the Rank List’s validity period (Sub-sec 10) co-exists with the mandatory application of communal rotation (Sub-sec 11) for every appointment made therefrom — Interpreting Sub-section (11) as becoming operative only after the Rank List expires would render the reservation/rotation requirement otiose during the list’s validity, defeating legislative intent and violating the doctrine of harmonious construction. (Paras 5, 5.2, 5.4, 5.5, 5.5.1, 5.5.2
Service
Cochin University of Science and Technology Act, 1986 — Section 31(10) and 31(11) — Selection and Appointment — Validity of Rank List and Communal Rotation — Harmonious Construction — Section 31(10) stipulates that the Rank List remains valid for two years, and vacancies arising during this period “shall be filled up from the list so published” — Section 31(11) mandates that “Communal rotation shall be followed category-wise” — These sub-sections operate in distinct spheres but are not mutually exclusive; the Rank List’s validity period (Sub-sec 10) co-exists with the mandatory application of communal rotation (Sub-sec 11) for every appointment made therefrom — Interpreting Sub-section (11) as becoming operative only after the Rank List expires would render the reservation/rotation requirement otiose during the list’s validity, defeating legislative intent and violating the doctrine of harmonious construction. (Paras 5, 5.2, 5.4, 5.5, 5.5.1, 5.5.2
Cr P C

Criminal Procedure Code, 1973, S.439-Bail–Cancellation of-Accused was convicted for 10 years but has undergone only 2 months of imprisonment—Bail was granted intra-appeal by High Court- Prosecution stated that accused is a hardened criminal and is still involved in immoral trafficking and forcing young girls into prostitution—Bail Cancelled

Aug 1, 2018 sclaw

(2018) 1 AICLR 836 : (2017) 4 LawHerald(SC) 3062 SUPREME COURT OF INDIA DIVISION BENCH GURIA SWAYAM SEVI SANSTHAN — Appellant Vs. KALI — Respondent ( Before : N.V. Ramana and S. Abdul…

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State Laws

M.P. Land Revenue Code, 1959 (MPLRC) — Sections 109, 110 — Mutation of Land Records — Acquisition of Right — Mutation based on a Will — The MPLRC and the Madhya Pradesh Bhu-Rajasv Sanhita (Bhu-Abhilekhon Mein Namantaran) Niyam, 2018, do not prohibit mutation based on a registered will; application for mutation based on a will must be considered on merits — Full Bench decision of the High Court confirmed that an application for mutation based on a will cannot be rejected at the threshold — Where no serious dispute is raised by the natural legal heirs of the deceased tenure holder, mutation based on a will should not be denied. (Paras 15, 18, 19, 21)

Jan 1, 2026 sclaw
Specific Performance

Specific Relief Act, 1963 — Section 28 (1) — Decree for specific performance — Payment of purchase money — Extension of time — Execution of decree — Where a decree for specific performance allows a period for the purchaser to pay the purchase money, the court has the power under Section 28(1) to extend this time on such terms as it deems fit — The power to extend time for performance of the conditions of the decree cannot be the end of the transaction, and adopting a hyper-technical approach that treats non-extension as final ought to be eschewed — The real test is whether the plaintiff’s conduct amounts to a positive refusal to complete their part of the contract. (Paras 5, 7)

Jan 1, 2026 sclaw
Constitution

Passports Act, 1967 — Sections 5, 6(2)(f), 7, 8, 9, 10, and 22 — Refusal to issue or re-issue a passport due to pending criminal proceedings — Exemption under Section 22 via Notification GSR 570(E) dated 25.08.1993 — Section 6(2)(f) bars issuance if criminal proceedings are pending, but this is subject to “other provisions of this Act,” including Section 22 — GSR 570(E) exempts persons facing criminal proceedings if they obtain permission from the concerned criminal court — This exemption is structured, tying validity and use to the court’s order; it permits issuing a passport where the criminal court allows renewal and retains judicial supervision over foreign travel. (Paras 7.2, 7.6, 7.8, 8, 9, 10, 12, 15, 25)

Dec 30, 2025 sclaw
Service

Cochin University of Science and Technology Act, 1986 — Section 31(10) and 31(11) — Selection and Appointment — Validity of Rank List and Communal Rotation — Harmonious Construction — Section 31(10) stipulates that the Rank List remains valid for two years, and vacancies arising during this period “shall be filled up from the list so published” — Section 31(11) mandates that “Communal rotation shall be followed category-wise” — These sub-sections operate in distinct spheres but are not mutually exclusive; the Rank List’s validity period (Sub-sec 10) co-exists with the mandatory application of communal rotation (Sub-sec 11) for every appointment made therefrom — Interpreting Sub-section (11) as becoming operative only after the Rank List expires would render the reservation/rotation requirement otiose during the list’s validity, defeating legislative intent and violating the doctrine of harmonious construction. (Paras 5, 5.2, 5.4, 5.5, 5.5.1, 5.5.2

Dec 19, 2025 sclaw