1. If an Employee exercised any option under paragraph 11(3) of the pre-amended Employees' Pension Scheme, 1995 prior to retirement, he is eligible for higher pension as there is no cut-off date under the original Scheme to opt for higher pension.

2. An order of blacklisting a tenderer has serious civil consequences, as it debars him from participating in future tenders and adversely affects its business reputation and livelihood. Therefore, such action must satisfy the tests of fairness, proportionality and reasoned decision-making.

3. An employee who dies in harness leaves behind a dependant who
acquires a legitimate right of consideration for appointment under the
Social Security Scheme framed in terms of the National Coal Wage
Agreement. Such entitlement cannot be denied merely because another
family member is already in employment, in the absence of any express
disqualification under the NCWA. Rejection on such extraneous ground
is arbitrary and unsustainable in law.

4. Appointment to the post of Kotwar under Section 230 of the
Chhattisgarh Land Revenue Code, 1959 is governed strictly by the
statutory Rules. Preference to a near relative of an ex-Kotwar under
Rule 4(2) is discretionary and does not create a vested right. In absence
of perversity or illegality in concurrent findings of the revenue
authorities, interference under Article 226 is not warranted.

5. If there is sufficient cause shown which prevented a
party from appearing before the Labour Court, the Labour
Court will have no jurisdiction to proceed and consequently,
it must necessarily have the power to set aside the ex parte
award.

6. If the copy of signed arbitral award is not delivered to party itself, it
would not amount to compliance with provisions of S. 31(5) of the Arbitration
and Conciliation Act, 1996 and hence limitation of three months u/S 34 (3) has
to be reckoned from the date on which, the party itself received a signed copy
of the award.

7. A victim of rape or sexual assault is not an accomplice, and her evidence does not require corroboration as a matter of law. Corroboration is only a matter of prudence, not a condition for conviction. If the victim’s
testimony is credible, natural, consistent, and trustworthy, and free from material infirmities, the Court may act upon it even without independent corroboration.

8. 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.

9. Once the First Appellate Court formed an opinion
to remand the case to the trial Court by assigning
cogent reasons, there was no need to record
findings on several issues on merits

10. 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.