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IMPORTANT POINTS
(1) Rescission of contract – While granting relief of extension, it was open for Court to balance equities by putting decree holder to such terms as may adequately compensate judgment debtor for delay.
(2) Doctrine of Merger – Doctrine of merger does not make distinction between order of reversal, modification or order of confirmation passed by appellate authority/ court – Doctrine of merger would only apply in a case when a higher forum entertains appeal or revision and passes order on merit and not when appeal or revision is dismissed on the ground of delay in filing the same. ,08 May 2026
Supreme Court of India
IMPORTANT POINTS
(1) Dismissal – Public employment, particularly in police service, cannot be converted into instrument of fraud – If individuals entrusted with enforcing law themselves secure entry into service through deception and fabricated credentials, it would seriously erode rule of law.
(2) Punishment – In departmental proceedings, standard of proof is one of preponderance of probabilities – Where material on record reasonably supports departmental case, High Court would not reappreciate evidence as if sitting in appeal. ,08 May 2026
Supreme Court of India
IMPORTANT POINT
Common intention is essentially a psychological fact and must be inferred from conduct and surrounding circumstances, but such inference must be based on credible material and not on conjecture or assumption. ,08 May 2026
Supreme Court of India
IMPORTANT POINT
Appointment of Arbitrator – Parties to Deed of Joint Undertaking are entitled to invoke arbitration clause incorporated in the contract. ,07 May 2026
Supreme Court of India
IMPORTANT POINT
Appointment – A candidate whose name appears in select list does not acquire any indefeasible right to appointment to post in absence of any specific rule entitling such appointment. ,07 May 2026
Supreme Court of India
IMPORTANT POINT
Corporate Insolvency Resolution Process (CIRP) – IBC operates as a collective insolvency resolution mechanism and not as a forum for adjudication of individual contractual claims. ,07 May 2026
Supreme Court of India
IMPORTANT POINTS
(1) Title – Revenue Record is not a document of title and does not confer any ownership or title upon person whose name appears in it – Mutation does not create or extinguish title and has absolutely no presumptive value regarding title.
(2) Proceedings under Article 226 of Constitution of India are not the appropriate forum for resolving serious disputes concerning questions of fact and title to property – Investigating these claims is proper function of civil court in a regularly constituted suit, rather than of a court exercising prerogative to issue writs. ,06 May 2026
Supreme Court of India
IMPORTANT POINTS
(1) Recession of contract – Moving of application under Section 28 of S.R. Act for rescinding contract for non-compliance of condition is not mandatory rather optional and immaterial – Court is not powerless to treat contract as having rescinded for non-compliance of condition.
(2) Specific Performance of contract – Relief of specific performance is an equitable and a discretionary relief – He who seeks equity must ensure that equity is done to opposite party – Final end of law is nothing but justice – He who seeks equity must do equity.
(3) Mere dismissal of first execution application on the ground of default does not preclude decree holder from filing a fresh execution within limitation. ,06 May 2026
Supreme Court of India
IMPORTANT POINT
Injury in motor accident – Notional income would have to be determined on the basis of minimum wages admissible for a skilled workman. ,06 May 2026
Supreme Court of India
IMPORTANT POINT
Resolution Plan – Inertia on part of GNIDA and its failure to protect interests of home/office space buyers, apart from its own interests, clearly disentitles it from levying penal interest/penal charges/time-extension penalties. ,05 May 2026
Supreme Court of India
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