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Motor Vehicles Act, 1988 — Section 2(28) — Definition of “motor vehicle” — Components — Definition has two parts: an inclusive part (mechanically propelled vehicle adapted for use upon roads) and an exclusive part — The second part expressly excludes “a vehicle of a special type adapted for use only in a factory or in any other enclosed premises” — Although Dumpers, Loaders, etc., may fall under the first part of the definition, they are excluded if their nature of use is confined to factory or enclosed premises, being special type vehicles/Construction Equipment Vehicles. (Paras 36, 37, 38, 39) Telangana Prevention of Dangerous Activities of BootLeggers, Dacoits, Drug-Offenders, Goondas, Immoral Traffic Offenders etc. Act, 1986 — Section 3(2) — Preventive Detention — Grounds for Detention — Requirement of finding ‘prejudicial to the maintenance of public order’ — Detenu, a ‘drug offender’, was detained based on three criminal cases involving Ganja, with an apprehension that if released on bail, she would engage in similar activities — Held, mere apprehension that the detenu, if released on bail, would be likely to indulge in similar crimes would not be a sufficient ground for ordering preventive detention — Order of detention failed to indicate how the detenu’s activities were prejudicial to ‘public order’ as opposed to ‘law and order’ and was therefore unsustainable. (Paras 3, 5, 8, 9, 10, 11) Criminal Procedure Code, 1973 (CrPC) — Sections 2(s) and 2(o) — Prevention of Corruption Act, 1988 — Andhra Pradesh Reorganisation Act, 2014 — Sections 2(f), 100, 101, 102 — Quashing of FIRs — Jurisdiction of Anti-Corruption Bureau (ACB) Police Station post-bifurcation of Andhra Pradesh — High Court quashed Anti-Corruption Bureau FIRs on hyper-technical ground of lack of specific notification under Section 2(s) CrPC for the relocated ACB office (Vijayawada) after the State Reorganisation — Held: The High Court’s approach leads to a travesty of justice by nipping investigations in the bud on hyper-technical grounds — Pre-bifurcation Government Order (G.O.Ms. No. 268 dated 12.09.2003) declaring ACB offices as Police Stations, coupled with the express provisions of the 2014 Act (Sections 100 and 102), ensures continuity of “law” (which includes notifications/orders) in the successor State of Andhra Pradesh without requiring fresh adoption or notification — Section 102 of the 2014 Act facilitates courts/authorities to construe the existing law to apply to the new State, even absent specific adoption — Subsequent clarificatory G.O.Ms. No. 137 (14.09.2022) merely restates the position and its non-retroactive application reasoning by High Court is untenable — Hyper-technical reasoning, ignoring the spirit of the law and the continuity mandated by the Reorganisation Act, cannot be sustained. (Paras 3, 5, 7, 9, 10, 16, 17, 21, 22, 24) Service Law — Appointment — Ayurvedic Nursing Training Course — Right to Appointment — Candidates admitted to the course in a Government institution do not acquire an automatic right to appointment as Ayurvedic Staff Nurse upon completion of training, especially when there is a significant change in Government policy and the number of candidates available due to the grant of permission to private institutions to impart the training; earlier appointments were made because of fewer candidates (20 seats) and higher demand, a situation that drastically changed with the increased number of pass-outs. (Paras 4, 6, 9, 12, 15, 18, 20, 26, 27) Criminal Procedure Code, 1973 (CrPC) — Section 482 — Inherent power of High Court to quash criminal proceedings — Principles governing exercise of power — High Court must exercise power sparingly, cautiously, and avoid usurping function of trial court or conducting mini-trial — Only requirement is to examine whether uncontroverted allegations in FIR, taken at face value, disclose commission of any cognizable offence — Reliability, sufficiency, or acceptability of evidence is not for summary determination under Section 482 CrPC; it is a matter for trial court — Where factual foundation for prosecution exists, criminal law cannot be short-circuited — Reference to Bhajan Lal case delineating categories for quashing (Paras 20-24, 30, 31).
Corporate

Motor Vehicles Act, 1988 — Section 2(28) — Definition of “motor vehicle” — Components — Definition has two parts: an inclusive part (mechanically propelled vehicle adapted for use upon roads) and an exclusive part — The second part expressly excludes “a vehicle of a special type adapted for use only in a factory or in any other enclosed premises” — Although Dumpers, Loaders, etc., may fall under the first part of the definition, they are excluded if their nature of use is confined to factory or enclosed premises, being special type vehicles/Construction Equipment Vehicles. (Paras 36, 37, 38, 39)

Jan 11, 2026 sclaw
Preventive Detention

Telangana Prevention of Dangerous Activities of BootLeggers, Dacoits, Drug-Offenders, Goondas, Immoral Traffic Offenders etc. Act, 1986 — Section 3(2) — Preventive Detention — Grounds for Detention — Requirement of finding ‘prejudicial to the maintenance of public order’ — Detenu, a ‘drug offender’, was detained based on three criminal cases involving Ganja, with an apprehension that if released on bail, she would engage in similar activities — Held, mere apprehension that the detenu, if released on bail, would be likely to indulge in similar crimes would not be a sufficient ground for ordering preventive detention — Order of detention failed to indicate how the detenu’s activities were prejudicial to ‘public order’ as opposed to ‘law and order’ and was therefore unsustainable. (Paras 3, 5, 8, 9, 10, 11)

Jan 11, 2026 sclaw
Motor Vehicles Act, 1988 — Section 2(28) — Definition of “motor vehicle” — Components — Definition has two parts: an inclusive part (mechanically propelled vehicle adapted for use upon roads) and an exclusive part — The second part expressly excludes “a vehicle of a special type adapted for use only in a factory or in any other enclosed premises” — Although Dumpers, Loaders, etc., may fall under the first part of the definition, they are excluded if their nature of use is confined to factory or enclosed premises, being special type vehicles/Construction Equipment Vehicles. (Paras 36, 37, 38, 39)
Corporate
Motor Vehicles Act, 1988 — Section 2(28) — Definition of “motor vehicle” — Components — Definition has two parts: an inclusive part (mechanically propelled vehicle adapted for use upon roads) and an exclusive part — The second part expressly excludes “a vehicle of a special type adapted for use only in a factory or in any other enclosed premises” — Although Dumpers, Loaders, etc., may fall under the first part of the definition, they are excluded if their nature of use is confined to factory or enclosed premises, being special type vehicles/Construction Equipment Vehicles. (Paras 36, 37, 38, 39)
Telangana Prevention of Dangerous Activities of BootLeggers, Dacoits, Drug-Offenders, Goondas, Immoral Traffic Offenders etc. Act, 1986 — Section 3(2) — Preventive Detention — Grounds for Detention — Requirement of finding ‘prejudicial to the maintenance of public order’ — Detenu, a ‘drug offender’, was detained based on three criminal cases involving Ganja, with an apprehension that if released on bail, she would engage in similar activities — Held, mere apprehension that the detenu, if released on bail, would be likely to indulge in similar crimes would not be a sufficient ground for ordering preventive detention — Order of detention failed to indicate how the detenu’s activities were prejudicial to ‘public order’ as opposed to ‘law and order’ and was therefore unsustainable. (Paras 3, 5, 8, 9, 10, 11)
Preventive Detention
Telangana Prevention of Dangerous Activities of BootLeggers, Dacoits, Drug-Offenders, Goondas, Immoral Traffic Offenders etc. Act, 1986 — Section 3(2) — Preventive Detention — Grounds for Detention — Requirement of finding ‘prejudicial to the maintenance of public order’ — Detenu, a ‘drug offender’, was detained based on three criminal cases involving Ganja, with an apprehension that if released on bail, she would engage in similar activities — Held, mere apprehension that the detenu, if released on bail, would be likely to indulge in similar crimes would not be a sufficient ground for ordering preventive detention — Order of detention failed to indicate how the detenu’s activities were prejudicial to ‘public order’ as opposed to ‘law and order’ and was therefore unsustainable. (Paras 3, 5, 8, 9, 10, 11)
Criminal Procedure Code, 1973 (CrPC) — Sections 2(s) and 2(o) — Prevention of Corruption Act, 1988 — Andhra Pradesh Reorganisation Act, 2014 — Sections 2(f), 100, 101, 102 — Quashing of FIRs — Jurisdiction of Anti-Corruption Bureau (ACB) Police Station post-bifurcation of Andhra Pradesh — High Court quashed Anti-Corruption Bureau FIRs on hyper-technical ground of lack of specific notification under Section 2(s) CrPC for the relocated ACB office (Vijayawada) after the State Reorganisation — Held: The High Court’s approach leads to a travesty of justice by nipping investigations in the bud on hyper-technical grounds — Pre-bifurcation Government Order (G.O.Ms. No. 268 dated 12.09.2003) declaring ACB offices as Police Stations, coupled with the express provisions of the 2014 Act (Sections 100 and 102), ensures continuity of “law” (which includes notifications/orders) in the successor State of Andhra Pradesh without requiring fresh adoption or notification — Section 102 of the 2014 Act facilitates courts/authorities to construe the existing law to apply to the new State, even absent specific adoption — Subsequent clarificatory G.O.Ms. No. 137 (14.09.2022) merely restates the position and its non-retroactive application reasoning by High Court is untenable — Hyper-technical reasoning, ignoring the spirit of the law and the continuity mandated by the Reorganisation Act, cannot be sustained. (Paras 3, 5, 7, 9, 10, 16, 17, 21, 22, 24)
Cr P C
Criminal Procedure Code, 1973 (CrPC) — Sections 2(s) and 2(o) — Prevention of Corruption Act, 1988 — Andhra Pradesh Reorganisation Act, 2014 — Sections 2(f), 100, 101, 102 — Quashing of FIRs — Jurisdiction of Anti-Corruption Bureau (ACB) Police Station post-bifurcation of Andhra Pradesh — High Court quashed Anti-Corruption Bureau FIRs on hyper-technical ground of lack of specific notification under Section 2(s) CrPC for the relocated ACB office (Vijayawada) after the State Reorganisation — Held: The High Court’s approach leads to a travesty of justice by nipping investigations in the bud on hyper-technical grounds — Pre-bifurcation Government Order (G.O.Ms. No. 268 dated 12.09.2003) declaring ACB offices as Police Stations, coupled with the express provisions of the 2014 Act (Sections 100 and 102), ensures continuity of “law” (which includes notifications/orders) in the successor State of Andhra Pradesh without requiring fresh adoption or notification — Section 102 of the 2014 Act facilitates courts/authorities to construe the existing law to apply to the new State, even absent specific adoption — Subsequent clarificatory G.O.Ms. No. 137 (14.09.2022) merely restates the position and its non-retroactive application reasoning by High Court is untenable — Hyper-technical reasoning, ignoring the spirit of the law and the continuity mandated by the Reorganisation Act, cannot be sustained. (Paras 3, 5, 7, 9, 10, 16, 17, 21, 22, 24)
Service Law — Appointment — Ayurvedic Nursing Training Course — Right to Appointment — Candidates admitted to the course in a Government institution do not acquire an automatic right to appointment as Ayurvedic Staff Nurse upon completion of training, especially when there is a significant change in Government policy and the number of candidates available due to the grant of permission to private institutions to impart the training; earlier appointments were made because of fewer candidates (20 seats) and higher demand, a situation that drastically changed with the increased number of pass-outs. (Paras 4, 6, 9, 12, 15, 18, 20, 26, 27)
Service
Service Law — Appointment — Ayurvedic Nursing Training Course — Right to Appointment — Candidates admitted to the course in a Government institution do not acquire an automatic right to appointment as Ayurvedic Staff Nurse upon completion of training, especially when there is a significant change in Government policy and the number of candidates available due to the grant of permission to private institutions to impart the training; earlier appointments were made because of fewer candidates (20 seats) and higher demand, a situation that drastically changed with the increased number of pass-outs. (Paras 4, 6, 9, 12, 15, 18, 20, 26, 27)
Acquittal Cr P C

Criminal Procedure Code, 1973 (CrPC) – Section 319 – Summoning of additional accused – Powers of Court – Nature and exercise of – Power to summon an accused is an extraordinary power conferred on the Court. It should be used very sparingly and only if compelling reasons exist for taking cognizance against other person against whom action has not been taken.

Jul 16, 2017 sclaw

  AIR 2004 SC 4298 : (2004) CriLJ 4185 : (2004) 7 JT 509 : (2004) 7 SCALE 282 : (2004) 7 SCC 792 : (2004) 3 SCR 894 Supp…

Constitution Evidence Act

The case of the Appellants and the Writ Petitioners, in most of the cases, is based on the doctrine of promissory estoppel on the basis of a promise apparently made by the Respondents to the land owners that they would be granted dealerships in lieu of the lands offered by them for setting up of the retail outlets

Jul 16, 2017 sclaw

  (2013) 8 AD 665 : (2013) 10 JT 304 : (2013) 8 SCALE 762 : (2014) 1 SCC 201 SUPREME COURT OF INDIA MOHD. JAMAL — Appellant Vs. UNION…

Acquittal I P C

Criminal Procedure Code, 1973 (CrPC) – Section 378 – Appeal – Acquittal – Interference with possible reasonable view – Sole testimony of complainant alleged to have been beaten by the accused persons – The complainant reaching the place of occurrence by chance – Improbability of prosecution case – Order of acquittal, restored.

Jul 16, 2017 sclaw

  AIR 1977 SC 1213 : (1977) 4 SCC 598(1) SUPREME COURT OF INDIA JIMMY HOMI BHARUCHA — Appellant Vs. STATE OF MAHARASHTRA — Respondent ( Before : S. Murtaza…

Rent

Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 – Section – 12(3)(a), 12(3)(b) – Possession of the suit premises – Predecessor in interest of the respondents instituted a suit under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (the Act) for possession of the suit premises against the appellants-tenants.

Jul 16, 2017 sclaw

  (1995) 7 JT 400 : (1995) 5 SCALE 481 : (1995) 6 SCC 576 SUPREME COURT OF INDIA LAXMIKANT REVCHAND BHOJWANI AND ANOTHER — Appellant Vs. PRATAPSING MOHANSINGH PARDESHI…

Property Matters

Transfer of Property Act, 1882 – Section 76(c) – Mortgage – Redemption of – Mortgagee claiming himself to be in occupation of land as tenant – No consent of mortgagor for creation of tenancy by mortgagee – In terms of mortgage deed – Mortgagee neither managed property as a tenant nor inherited tenancy rights under Tenancy Act – Mortgagee cannot claim any tenancy right in respect of land.

Jul 16, 2017 sclaw

  (2001) 1 JT 401 : (2000) 8 SCALE 463 : (2000) 5 SCR 756 Supp : (2001) AIRSCW 9 SUPREME COURT OF INDIA PURAN CHAND (D) THROUGH LRS. AND…

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Corporate

Motor Vehicles Act, 1988 — Section 2(28) — Definition of “motor vehicle” — Components — Definition has two parts: an inclusive part (mechanically propelled vehicle adapted for use upon roads) and an exclusive part — The second part expressly excludes “a vehicle of a special type adapted for use only in a factory or in any other enclosed premises” — Although Dumpers, Loaders, etc., may fall under the first part of the definition, they are excluded if their nature of use is confined to factory or enclosed premises, being special type vehicles/Construction Equipment Vehicles. (Paras 36, 37, 38, 39)

Jan 11, 2026 sclaw
Preventive Detention

Telangana Prevention of Dangerous Activities of BootLeggers, Dacoits, Drug-Offenders, Goondas, Immoral Traffic Offenders etc. Act, 1986 — Section 3(2) — Preventive Detention — Grounds for Detention — Requirement of finding ‘prejudicial to the maintenance of public order’ — Detenu, a ‘drug offender’, was detained based on three criminal cases involving Ganja, with an apprehension that if released on bail, she would engage in similar activities — Held, mere apprehension that the detenu, if released on bail, would be likely to indulge in similar crimes would not be a sufficient ground for ordering preventive detention — Order of detention failed to indicate how the detenu’s activities were prejudicial to ‘public order’ as opposed to ‘law and order’ and was therefore unsustainable. (Paras 3, 5, 8, 9, 10, 11)

Jan 11, 2026 sclaw
Cr P C

Criminal Procedure Code, 1973 (CrPC) — Sections 2(s) and 2(o) — Prevention of Corruption Act, 1988 — Andhra Pradesh Reorganisation Act, 2014 — Sections 2(f), 100, 101, 102 — Quashing of FIRs — Jurisdiction of Anti-Corruption Bureau (ACB) Police Station post-bifurcation of Andhra Pradesh — High Court quashed Anti-Corruption Bureau FIRs on hyper-technical ground of lack of specific notification under Section 2(s) CrPC for the relocated ACB office (Vijayawada) after the State Reorganisation — Held: The High Court’s approach leads to a travesty of justice by nipping investigations in the bud on hyper-technical grounds — Pre-bifurcation Government Order (G.O.Ms. No. 268 dated 12.09.2003) declaring ACB offices as Police Stations, coupled with the express provisions of the 2014 Act (Sections 100 and 102), ensures continuity of “law” (which includes notifications/orders) in the successor State of Andhra Pradesh without requiring fresh adoption or notification — Section 102 of the 2014 Act facilitates courts/authorities to construe the existing law to apply to the new State, even absent specific adoption — Subsequent clarificatory G.O.Ms. No. 137 (14.09.2022) merely restates the position and its non-retroactive application reasoning by High Court is untenable — Hyper-technical reasoning, ignoring the spirit of the law and the continuity mandated by the Reorganisation Act, cannot be sustained. (Paras 3, 5, 7, 9, 10, 16, 17, 21, 22, 24)

Jan 11, 2026 sclaw
Service

Service Law — Appointment — Ayurvedic Nursing Training Course — Right to Appointment — Candidates admitted to the course in a Government institution do not acquire an automatic right to appointment as Ayurvedic Staff Nurse upon completion of training, especially when there is a significant change in Government policy and the number of candidates available due to the grant of permission to private institutions to impart the training; earlier appointments were made because of fewer candidates (20 seats) and higher demand, a situation that drastically changed with the increased number of pass-outs. (Paras 4, 6, 9, 12, 15, 18, 20, 26, 27)

Jan 11, 2026 sclaw