1. Pensionary entitlement, particularly where service trajectories
span multiple phases, cannot be determined in absence of a clear, final
and uniform State policy identifying the determinative “date of
appointment” for pension applicability. Policy formulation in such matters
lies within the executive domain, and any decision must be reasoned,
categorical and free from arbitrariness so as to satisfy the constitutional
mandates of equality and fairness under Articles 14 and 16 of the
Constitution of India.

2. Compassionate appointment, being an exception to the general
rule of public employment, is meant only to provide immediate relief to
the family of a deceased employee in financial distress. It is neither a
vested right nor a mode of inheritance, and delay or laches defeats its
very object. Attainment of majority or disputes among legal heirs do not
revive or extend a time-barred claim beyond the limits prescribed under
the governing policy.

3. If the Government takes a step to improve the efficiency of public service by amending the Promotion Rules in exercise of power conferred under Article 309 of the Constitution of India, such action cannot be held to be arbitrary or unreasonable.

4. Any form of custodial abuse or harassment is wholly unacceptable. The police are thus directed to strictly comply with constitutional mandates and binding judicial precedents, especially in cases arising out of trivial or minor public disputes. The object of these directions is to safeguard the dignity and liberty of citizens and to prevent illegal detention, unnecessary handcuffing, public parading, or mental and physical humiliation.

5. Preventive arrest under the BNSS must conform to statutory safeguards and constitutional requirements. Arrest without registration of a cognizable offence, without informing the arrestee of the grounds of arrest, and mechanical remand without application of mind violate Articles 21 and 22(1) of the Constitution of India. Such illegal detention justifies quashment of proceedings and award of compensation as a public law remedy.

6. Where the Domestic Incident Report is vague, lacks the material particulars required under Section 9 of the Protection of Women from Domestic Violence Act, 2005, and the proceedings are initiated with mala fide intent or as a pressure tactic in matrimonial disputes, the continuation of such proceedings amounts to an abuse of
the process of law.

7. A gift deed may be annulled by invoking the provisions of Section 23 of the Maintenance and Welfare of Parents
and Senior Citizens Act, 2007, even if the condition is not explicitly stated in the gift deed. A Tribunal has the authority to go beyond the formal wording of the deed to evaluate the true intent from the circumstances, relationships and conduct.

8. In disciplinary proceedings, a quasi-judicial authority is bound to
strictly adhere to the statutory rules governing punishment. Any order
issued in violation of these rules or beyond their scope is without
jurisdiction, null and void, and cannot be enforced against the
delinquent employee.

9. Under the “merit-cum-seniority” principle, merit and ability are the
dominant factors in promotion, while seniority is given consideration
only when candidates are nearly equal in merit. The selection primarily
depends on competence and performance rather than length of service.

10. Marriage in contravention of S. 5 (i) of the Hindu Marriage Act, 1955
is void ab initio u/S 11. The necessary condition for a lawful marriage as
laid down u/S 5 (i) is that neither party should have a spouse living at the
time of marriage. Such marriage cannot be justified on the ground that the
same was recognized by custom or usage.