The Arms Act, 1878 (Act No. IX of 1878); section 26

Deputy Com­missioner or Officer-in-charge of a police sta­tion is not government for the purpose of cancellation of arms license

Failure to deposit the arms only, even with the knowledge of any notification for surrender of the arms, does not authorize the Deputy Commissioner to cancel the license. The license can only be cancelled for the security of the public peace, and not for public safety. Public safety and security of public peace are not the same. The Government is only empowered to take action for seizure and/or ammuni­tion or military-stores and detention of the arms for the purpose of public safety and the Government does not mean or include the Deputy Com­missioner or Officer-in-charge of a police sta­tion……………………….(13 & 14)  

The Special Powers Act 1974 (Act No. XIV of 1974)

Nexus in between the initial order of detention and grounds

In case of an initial order of detention, the facts and materials must co­exist with the order of detention and the grounds of detention and the satisfaction or the opinion of the detaining authority must be based on such facts and materials. Ab­sence of nexus between some of the reasons shown in the detention order and the facts and reasons disclosed in the grounds supplied may lead to the conclusion of non application of mind by the detaining authority. Absence of nexus in between the initial order of detention and grounds made the detention illegal…………………………….(7)

Repetition of legal text only means non application of mind by the detaining authority

Where the grounds of detention merely repeat the language of the law and nothing else, it portray non application of mind by the detaining authority.………………………….(8)

Effects of Vague, unspecified, general and indefinite al­legations in the grounds of detention

Vague, unspecified, general and indefinite al­legation in the grounds of detention render an order of detention bad in law and such an order cannot be justified in the eye of law, because, on account of vagueness of the grounds of deten­tions the detenu has been deprived of his right to submit any effective representation against his detention and explain his position.………………………………..(14 & 16)

Cautions should be taken before an order of detention is made

The Special Powers Act of 1974 being a special law provides a measure of preventive detention. Obviously the Government has the right to detain any citizen which the Government may deem fit and proper for the public interest as well as for the protection of the law and order situation. But it is to be borne in the mind of the detaining authority while exercis­ing such power that it is a very special law and the authority should apply its judicial mind very cautiously in issuing an order of detention under the Special Powers Act, 1974. …………………………….(27)  

Evidentiary value of Photostat documents

Photostat documents without any authentication have no evidentiary value under the Evidence Act and as such the Court cannot rely upon the Photostat documents only and consider a case on that basis…………………..(10) 

Where a suit is brought for specific performance of contract, it is to be seen whether the plaintiff have been able to prove contract between the plaintiff and the defen­dant and whether the plaintiff is ready and willing at all material dates to perform his part of the contract…………………(31)

Law under section 101 of the Evi­dence Act is that the burden of proof lies with the party who substantially asserts the af­firmative of issue. It is reasonable and just that the suitor, who relies upon the existence of a fact, should be called upon to prove his own case……………….(32)

A suit for specific performance is that in which the plaintiff claims relief under sec­tion 5 of the Specific Relief Act for directing the defendant to do the very act which he is under an obligation to do. When the plaintiff as per the terms of the deed of agreement per­formed his part, the defendant is also bound to perform his part, otherwise the court will act on behalf of the plaintiff……………..(45) 

In a suit for declaration of title and recovery of possession, the plaintiff must prove his title to and possession and dispossession from the suit land. .....................(11) 

In considering an application or a prayer made by a party the court will see the contents of the application and it can give a relief under the appropriate law even if a wrong provision of law is quoted or mentioned………………………….(8)