⦿
1) Distinction between ‘renewal’ and ‘extension’ of lease: renewal entails a fresh lease agreement while extension prolongs the existing lease under the same terms. 2) Stamp duty liability under Maharashtra Stamp Act depends on the lease period and whether the renewal period’s terms and conditions are specified within the same instrument. 3) A lease with renewal clause ‘contingent or otherwise’ includes automatic renewal for terms agreed within the same instrument, whereas renewal dependent on fresh mutually agreed terms entails a separate lease instrument liable for separate stamp duty.
1) The Government resolution dated 31.03.2016 confines eligibility for scholarships to students admitted under the 85% State quota through CAP rounds. 2) Admissions under the Institutional/Management quota, even if secured through CAP stray vacancy rounds, do not qualify for the scholarship. 3) The Information Brochure of NEET-UG and subsequent government communications clarify that CAP admission rounds include Institutional quota seats but do not equate Institutional quota with State quota eligibility.
1) Section 4 of the Maharashtra Land Revenue Code,1966 prescribes the procedure for constitution and alteration of revenue areas, mandating previous publication and compliance with section 24 of the Bombay General Clauses Act, 1904. 2) Sections 7 and 13 of the MLR Code empower the State Government to appoint Additional Tahsildars and define their powers and duties without constituting new revenue areas. 3) Government Resolution creating an Additional Tahsildar office to assist an existing Tahsildar does not amount to constitution of a new revenue area under section 4 of the MLR Code and thus does not attract requirements under section 4(4).
1) An order of acquittal once passed concludes the trial, and the mere filing of an application for leave to appeal does not amount to pendency of trial. 2) Pending appeal or leave to appeal against acquittal does not justify withholding retiral dues such as pension, gratuity, or leave encashment. 3) Payment of retirement benefits cannot be delayed on grounds unrelated to the finality of conviction.
1) Major individuals who enter into marriage voluntarily are entitled to protection from harassment related to their marital choice. 2) Police authorities have a duty to provide protection and take action when there is a credible threat to life or safety post marriage. 3) Precedents such as Lata Singh v. State of U.P. and Shakti Vahini v. Union of India mandate police protection and prompt action in cases of marital harassment or threats.
1) The entitlement to annual increment crystallizes upon completion of a requisite length of service with good conduct and becomes payable on the succeeding day post-retirement. 2) The Supreme Court’s ruling in Union of India v. M. Siddaraj clarifies the effective date and retrospective applicability of enhanced pension via annual increment for retired government employees. 3) Government Circulars directing the grant of annual increment to employees retiring on 30th June or 31st December must be implemented consistent with the apex court’s directions and procedural safeguards for delayed claims.
1) The entitlement to annual increment crystallizes upon completion of requisite service with good conduct and becomes payable on the succeeding day after qualifying service. 2) The Apex Court in Director (ADMN) and HR KPTCL v/s C.P. Mundinamani (2023 SCC OnLine SC 401) and Union of India v. M. Siddaraj (2025) clarified pension enhancement rules related to increments for retired employees. 3) Government circulars directing grant of annual increment to employees retiring on 30th June or 31st December are binding subject to compliance with judicial directions regarding arrears and retrospective payments.
1) The right of adult persons to marry voluntarily without interference or harassment is constitutionally protected. 2) Police have a duty to provide protection to individuals facing threats to life or harassment, especially in cases of socially opposed marriages. 3) Directions laid down by the Supreme Court in Shakti Vahini vs. Union of India mandate prompt police action to prevent threats or crimes in such circumstances.
1) Section 31(7) of the Arbitration and Conciliation Act, 1996, empowers arbitral tribunals to award interest pendente lite subject to the terms of the parties’ agreement. 2) An express bar on awarding interest in the contract may prohibit pendente lite interest, but such bar must be explicit or necessarily implied. 3) Clauses barring interest on delayed payments alone do not necessarily preclude awarding pendente lite interest by an arbitral tribunal.
1) The paramount consideration in child custody disputes is the best interest and welfare of the child. 2) A child has a right to maintain relationships with both parents, even if they live separately or in different countries. 3) Courts may grant video interaction visitation rights when physical custody is impractical or not in the child’s interest.
1) Section 22 of the Sick Industrial Companies (Special Provisions) Act, 1985 (SICA) does not bar initiation or continuation of criminal proceedings under Section 138 of the Negotiable Instruments Act against a sick company. 2) Section 22A of SICA empowers BIFR to restrain disposal of company assets, but whether such restraint bars criminal proceedings under Section 138 of NI Act requires consideration of the facts and nature of the restraint order. 3) The presumption under Section 118(b) of the Negotiable Instruments Act that a negotiable instrument bearing a date was made on that date is rebuttable only by evidence, and cannot be pre-judged at the complaint stage.
1) NCLT’s jurisdiction under Sections 397 and 398 of the Companies Act, 1956 to decide matters of oppression, mismanagement, and related reliefs includes examining validity of transactions integral to such claims. 2) Oppression and mismanagement under company law encompass unfair, harsh, burdensome, or mala fide conduct prejudicial to shareholder rights, which must be assessed on facts to determine validity of relief. 3) Procedural requirements for board meetings and share transfer validity, including notice, quorum, adherence to Articles of Association, and statutory provisions under the Companies Act, are critical in assessing corporate governance and relief.
1) An employee's entire service record, including prior disciplinary actions, must be considered when evaluating the decision for compulsory retirement. 2) The criteria for mandatory retirement as per the Food Corporation of India Staff Regulation and Circulars must be followed, including considerations of past performance and promotion status.
1) Seniority among candidates appointed or regularised on the same date is primarily determined by comparative merit as reflected in the selection process rather than the date of joining. 2) The roster system ensures reservation quotas but does not influence the inter-se seniority of simultaneously appointed candidates. 3) Changes in seniority must adhere to principles of fairness, transparency, and consistency, especially where benchmark criteria were predetermined and unchallenged.
1) Absence without leave or overstaying leave without sufficient cause constitutes misconduct under Section 11(1) of the Central Reserve Police Force Act, 1949, and is punishable under Rule 10(m) of the said Act. 2) Rule 27 of the Central Reserve Police Force Rules, 1955 prescribes the procedure for conducting departmental enquiry and awarding punishment. 3) Judicial interference in departmental enquiry is limited to examining procedural fairness and absence of malafide; interference is warranted where enquiry is conducted ex parte without proper consideration of relevant documents or opportunity to the employee.
1) Recovery of excess payment from a government servant requires proof of fault, misrepresentation, or cheating by the employee. 2) Erroneous pay fixation due to administrative or departmental mistake does not justify recovery from the employee. 3) Judicial precedents establish that amounts already paid without employee fault should not be recovered.
1) Principles of natural justice require a reasonable opportunity of hearing before termination of service. 2) Termination of a contractual employee by stigmatic order without enquiry is impermissible under relevant service law and circular provisions. 3) Judicial precedents mandate holding of enquiry before passing stigmatic orders against contractual employees.
1) The scope of judicial interference in service transfer matters is limited and can only be invoked if there is a violation of statutory rules or malafide exercise of authority. 2) Transfer of government employees is an incidence of service and rests primarily on administrative discretion. 3) Lack of proper or dated supporting documents does not necessarily vitiate a transfer order if the decision is otherwise founded on valid administrative grounds.
1) Transfer of immovable property inter vivos can only be effected by a registered sale deed as per Section 54 of the Transfer of Property Act, 1882. 2) A General Power of Attorney creates agency authority but does not transfer title or ownership in immovable property. 3) A Will is a revocable testamentary document effective only after the testator’s death and must be proved by examining at least one attesting witness as required under Sections 63 of the Succession Act and 68 of the Evidence Act.
1) The principle of “beyond reasonable doubt” requires serious, reasoned doubt, not every minor inconsistency, to acquit an accused. 2) Section 223 Cr.P.C. governs joinder of trials for different offences by different persons and non-compliance must occasion actual prejudice or failure of justice to invalidate trial. 3) Defects in framing charges under Section 464 Cr.P.C. do not invalidate conviction unless failure of justice is caused.
1) The statutory procedure prescribed under Sections 21 and 22 of the Water (Prevention and Control of Pollution) Act, 1974, for sampling, analysis, and evidence admissibility in environmental pollution matters. 2) The application of principles of natural justice, especially audi alteram partem, to the proceedings of the National Green Tribunal as mandated under Section 19(1) of the National Green Tribunal Act, 2010. 3) The role and limitations of expert or joint committees appointed by the NGT in environmental adjudication, and the necessity of NGT's independent adjudicatory function.
1) Article 371D and the Presidential Order empower the State to provide equitable opportunities and facilities in education to local candidates through subordinate legislation. 2) The State’s power to legislate on education-related admissions is traceable to Entry 25 of List III of the Seventh Schedule read with Articles 245 and 246 of the Constitution. 3) Judicial review of classification under admission rules must respect legislative policy unless the classification is plainly arbitrary, violative of constitutional equality, or lacks intelligible differentia.
1) The principles of evidence evaluation in criminal proceedings require that the testimony of eyewitnesses, despite its inconsistencies, may not wholly discredit a prosecution case when it is substantially corroborated. 2) The distinction between murder under Section 302 IPC and culpable homicide not amounting to murder under Section 304 IPC is contingent upon the existence of intent or knowledge to cause death.
1) Order VII Rule 11 of the Civil Procedure Code permits rejection of a plaint if it does not disclose a cause of action. 2) A tenant cannot challenge a sale deed executed by the landlord when the matter concerning tenancy has already been decided.
1) An appeal under Section 19 of the Contempt of Courts Act, 1971 is only maintainable against orders imposing punishment for contempt, not against interlocutory orders. 2) The contempt jurisdiction requires proof of willful disobedience to the court orders before sanctioning punishment.
1) A family settlement or partition recognized in law must be validated by the principles established under the U.P. Revenue Code Rules, 2016, particularly focusing on prior mutual arrangements among co-tenure holders. 2) Courts favor upholding family arrangements to prevent future disputes and maintain familial harmony, assessing the interest of the family over technical legal lapses.
1) Section 307 IPC requires proof of intention or knowledge to cause death and the nature and severity of injury to establish attempt to murder. 2) Section 34 IPC requires proof of common intention shared by accused during the commission of offence. 3) The Probation of Offenders Act allows release of youthful offenders on probation under certain conditions to promote reform rather than punishment.
1) Extra judicial confession must be voluntary, truthful, and made in a fit state of mind to be relied upon for conviction. 2) Conviction based on circumstantial evidence requires a complete, unbroken chain of events pointing only to the guilt of the accused. 3) Confession made in presence of police personnel raises doubts about voluntariness and reliability, affecting admissibility.
1) The provisions of Section 5 of the Limitation Act, 1908 apply to applications for condonation of delay in filing appeals. 2) Government departments are under a special obligation to act diligently and cannot seek condonation of delay based on procedural red-tape or bureaucratic delays without sufficient cause. 3) Condonation of delay is an exception and cannot be granted as a matter of right, especially where no plausible or bona fide explanation is provided.
1) The power of the Court to quash FIR or criminal proceedings under Section 482 Cr.P.C. (Section 528 BNSS) is to be exercised sparingly and only in rare cases where no prima facie offence is disclosed. 2) Allegations in the FIR or complaint, if taken at face value and accepted in entirety, must prima facie constitute an offence to sustain criminal proceedings; otherwise, quashing may be appropriate. 3) Courts cannot decide questions of fact, reliability, or appreciation of evidence at the stage of considering quashing petitions and must restrict to legal sufficiency of allegations.
1) The power under Section 482 CrPC to quash FIR or criminal proceedings is to be exercised sparingly and only in the rarest of rare cases. 2) At the stage of quashing, the court cannot delve into the reliability or genuineness of the allegations but must see only if a cognizable offence is disclosed on the face of the FIR. 3) Proceedings relating to cognizable offences cannot be interfered with except on limited and established grounds as laid down by the Supreme Court in State of Haryana v. Bhajanlal.
1) Under Section 138 of the Negotiable Instruments Act, the complainant must establish his locus standi by proving ownership or right to receive payment under the cheque. 2) Documentary evidence is necessary to connect the complainant to the payee firm named in the cheque for maintaining a complaint under the Negotiable Instruments Act. 3) When evidence leads to two possible conclusions, the benefit must be given to the accused as per the principle of favoring the accused.
1) Principles of contract interpretation including force majeure and unforeseen contingencies affect contractual obligations and entitlement to price escalation. 2) The jurisdiction of courts and the applicability of arbitration clauses in contract disputes must be ascertained from the contract terms. 3) Rights of parties under the Indian Contract Act, 1872, including section 28 relating to contracts induced by coercion or unconscionable terms, and remedies for breach or termination of contract.
1) Article 14 and Article 16 of the Constitution of India allow reasonable classification for government appointments, subject to equality and non-arbitrariness. 2) Government notifications and policies can provide exceptions permitting appointments on the basis of land ownership, subject to terms and conditions. 3) Regularization of employees against vacant posts must comply with government guidelines, including quota systems like the 67:33 ratio between in-service and fresh candidates.
1) The distinction between 'law and order' and 'public order' is crucial in determining the validity of preventive detention under the Gujarat Prevention of Anti-social Activities Act, 1985. 2) A mere disturbance of law and order does not necessarily warrant preventive detention; it must be established that the individual's activities adversely affect public order. 3) The subjective satisfaction of the detaining authority must be supported by sufficient material demonstrating the likely adverse effect of the detainee's actions on the maintenance of public order.
1) Under the Prevention of Corruption Act, the prosecution must prove that a public servant demanded and accepted illegal gratification as a sine qua non for establishing guilt. 2) The presumption under Section 20 of the Prevention of Corruption Act arises only upon proof of demand and acceptance, and cannot substitute for proof of these essential elements. 3) Inconsistent testimonies of key witnesses necessitate careful scrutiny and may lead to reasonable doubt regarding the accused's guilt.
1) The prosecution must establish the involvement of the accused with clear and credible evidence when dealing with serious offenses such as arson. 2) In cases involving rival community tensions, courts should exercise caution due to the potential for biased witness testimonies. 3) The failure to produce key evidentiary items, such as ownership documents for the allegedly burnt property, undermines the prosecution's case.
1) Preventive detention under the Gujarat Prevention of Anti-social Activities Act requires that the detainee's actions must adversely affect or be likely to affect public order. 2) The distinction between "law and order" and "public order" is crucial in determining the validity of a detention order. 3) Mere allegations or incidents that do not affect the community at large do not justify preventive detention under the Act.
1) Issuance of non-bailable warrants requires satisfaction that the presence of the accused cannot be secured by summons or bailable warrants and should not be mechanical or arbitrary. 2) The primary purpose of issuing summons or warrants is to secure the presence of the accused and not to punish; due process requires opportunity for the accused to explain absence. 3) Cancellation of bail and issuance of non-bailable warrants must consider the accused's conduct, nature of the offence, and statutory safeguards under the Criminal Procedure Code and BNSS 2023.
1) The appellate court’s power to interfere with acquittal under Section 378 Cr.PC is limited and must defer to possible reasonable views taken by the trial court. 2) Evidence of police officers can be relied upon provided it is trustworthy and confidence-inspiring, without an absolute requirement for independent witnesses. 3) Non-association of independent witnesses by investigating officers despite their availability can be fatal to the prosecution case, particularly when coupled with material contradictions in evidence going to the root of the case.
1) Section 406, 409, 420, and 34 of the Indian Penal Code deal with criminal breach of trust, criminal breach of trust by public servant or trustee, cheating, and acts done by several persons in furtherance of common intention respectively. 2) Anticipatory bail can be granted when the accused’s involvement is prima facie minimal or if the accused is cooperative with the investigation. 3) The role and knowledge of the accused regarding the fraudulent acts are critical in deciding anticipatory bail under procedural criminal law.
1) The procedure under Order X Rule 1 of the Civil Procedure Code mandates examination of witnesses for proving documents in evidence. 2) Public documents, especially those over thirty years old, do not require formal proof by oral evidence for their admissibility. 3) The Evidence Act divides proof into relevancy, mode of proof, and production/effect of evidence, which guides the admission of documents in trial proceedings.
1) The authority of the Central Administrative Tribunal to order interim relief in salary matters pending investigation or enquiry. 2) The effect of false educational qualifications on service benefits and salary entitlement. 3) The impact of suspension and superannuation on the entitlement to salary and related relief.
1) The Sarva Shiksha Abiyan (SSA) scheme and its norms govern the establishment of Education Guarantee Centres (EGS Centres), including requirements on habitation existence, minimum student enrolment, and distance from existing schools. 2) Engagement orders for Education Volunteers under SSA require verification of habitation legitimacy, candidate qualifications, and compliance with specified SSA guidelines before issuance. 3) Administrative decisions to deny creation of a new EGS Centre or engagement orders based on non-existence of habitation or failure to meet SSA norms are subject to judicial scrutiny for legality and procedural correctness.
1) Article 243E of the Constitution mandates a fixed tenure of five years for Panchayats, with elections to be completed before expiry of this period. 2) Section 22 of the Manipur Panchayati Raj Act, 1994 is a transitional and contingent provision allowing appointment of Administrative Committees or Administrators upon failure to hold elections, limited to six months tenure. 3) Section 109 of the MPR Act, 1994 is a residuary clause for removing difficulties but cannot authorize appointment of Administrative Committees exceeding six months or contrary to Article 243E.
1) Article 243E of the Constitution mandates a fixed five-year term for Panchayats with elections to be held before the expiry of such term. 2) A State Legislature lacks legislative competence to amend a State Act to extend Panchayat tenure beyond the constitutionally mandated period under Article 243E. 3) The doctrine of “reading down” provisions is to be applied to preserve legislative validity and avoid absurd or unconstitutional results, by limiting offending parts without striking down entire enactments.
1) Eligibility for ACP/MACP benefits requires continuous regular service under the State Government, excluding past service in autonomous bodies or PSUs before absorption. 2) Financial upgradations under ACP/MACP schemes are executive incentives and do not confer vested rights; entitlement depends on the employer’s discretion and scheme conditions. 3) Non-joinder of a necessary party, such as an autonomous corporation (MTDC), in service-related litigation is a substantial defect affecting maintainability.
1) The grant of anticipatory bail depends on prima facie evidence regarding the involvement of the accused in the offence. 2) Seriousness of the offence and stage of investigation are important factors in bail considerations. 3) The benefit of doubt may be granted if there is no direct evidence implicating the accused at the time of bail application.
1) Burden of proof lies on the prosecution to prove the age of the prosecutrix beyond reasonable doubt in cases under POCSO Act and IPC section relating to sexual offences against minors. 2) Birth certificate, despite being a public document, can be disbelieved if there is sufficient evidence regarding tampering or discrepancies affecting reliability. 3) Medical age assessment such as ossification and X-ray reports provide approximate age with a margin of error and cannot conclusively determine exact age for legal purposes.
1) A review petition under Order 47 Rule 1 CPC requires demonstration of an error apparent on the face of the record to be maintainable. 2) Review proceedings are not an opportunity for re-hearing or re-argument of the case de novo and cannot be used as an appeal in disguise. 3) The Courts have consistently held that errors which require fishing or searching are not ground for review.
1) The scope and ambit of Review Jurisdiction under Order 47 Rule 1 CPC are limited and do not permit re-hearing or appeal on merits. 2) A decision cannot be reviewed merely because it is erroneous on merits; review is confined to error apparent on the face of the record. 3) Review proceedings must adhere to established parameters and cannot be used to reargue settled matters or raise new grounds not brought earlier.
1) Applicability of Indian Succession Act, 1925 and absence of exemption under Section 3 for the tribal community involved. 2) Proof of adoption and succession rights under either statutory law or customary law, and the burden of evidence required. 3) The principle that in absence of applicable Hindu law or proven custom, courts apply natural justice, equity, and good conscience for property succession.
1) The policy dated 07.10.2016 classifies daily wagers into skilled, semi-skilled, and unskilled categories with corresponding pay scales. 2) Employees classified under the said policy are entitled to pay scales applicable to their respective categories but not to the minimum scale of the post on which they were earlier performing duties. 3) Employees can claim arrears and pay revision only from the date of their classification under the policy and not for the period prior to it.
1) Classification of daily wagers as permanent employees under a State Government policy entitles them to pay scales as per their categorized posts. 2) Once benefits under a specific policy (07.10.2016) are extended, prior claim to minimum pay scale arrears before that policy is not sustainable. 3) Claims for arrears and pay revision must follow the procedure by filing representation to the concerned authority for consideration and assessment.
1) Legal principles governing recovery from retiral dues post-retirement as established by the Supreme Court in State of Punjab vs Rafiq Masih. 2) Binding effect of a Full Bench decision on similar issues relating to recovery of dues from retired employees. 3) Requirement for authorities to decide claims involving recovery in accordance with well-reasoned and speaking orders post retirement.
1) Section 156(3) and Sections 200, 210, 173 of the Criminal Procedure Code govern the registration, investigation, and adjudication of complaints and FIRs. 2) Courts have the authority to monitor police investigation timelines and can proceed with complaint adjudication if police reports are not submitted within prescribed statutory periods. 3) Judicial guidelines mandate time-bound disposal of complaints and provide mechanisms for clubbing complaint cases with police charge-sheet cases upon cognizance.
1) The principle of res judicata applies when a matter has been conclusively settled by a competent court and should not be reopened. 2) The precedential value of Division Bench decisions establishes binding authority on subsequent cases with similar issues. 3) Judicial efficiency requires that cases with resolved issues be disposed of without prolonging litigation unnecessarily.
1) Section 52 of the Udaipur Development Authority Act, 2023 requires a notice specifying grounds for cancellation of layout plan and is subject to principles of natural justice. 2) The provisions of the Rajasthan Land Revenue Act, 1956 and the Rules of 1975 govern the sub-division and reconstitution of plots, necessitating state approval for plots exceeding prescribed limits. 3) Relaxation of conditions for EWS/LIG land allocation under the Prashaasan Shaharo Ke Sang Abhiyan has altered previous mandatory requirements regarding plotting.
1) Section 52 of the Udaipur Development Act, 2023 mandates that a notice specifying grounds for revocation of allotment must be issued before cancelling a layout plan. 2) The audit report identifying financial irregularities must be properly substantiated with evidence, and any resulting action should not violate natural justice. 3) Regularization of land use requires compliance with specific statutory provisions regarding constructed area and saleable area ratios, which are subject to different interpretations based on applicable rules.
1) Section 52 of the Udaipur Development Authority Act, 2023 requires issuance of a show-cause notice before cancellation of allotments and lease deeds based on misrepresentation or collusion. 2) Compliance with procedural requirements under statutory regulations is necessary to uphold the principles of natural justice before taking action against individuals regarding land allotments. 3) The ratio of saleable area to facility area as prescribed by the Township Policy, 2010 is specific to residential plots and may not apply to group housing developments.
1) The powers of suspension conferred under Section 39 of the Rajasthan Municipalities Act, 2009 must be exercised judiciously and not mechanically. 2) An elected representative's suspension requires clear and specific evidence of wrongdoing, especially in the absence of formal charges of corruption. 3) Judicial inquiries should ensure a fair investigation without undue influence by the accused public representative and the principle of maintaining proper standards of integrity is paramount.
1) Rule 44 of the Industrial Disputes (Central) Rules, 1957 stipulates a minimum one-year service requirement for eligibility to contest elections for workmen's representation. 2) The Explanation to Rule 44 permits a worker's service in two different establishments under the same employer to be considered as continuous service for the purpose of satisfying eligibility criteria. 3) A decision made by an authority, once reconsidered and cancelled, may not be validly contradicted by a subsequent, inconsistent decision without additional justification.
1) The Rajasthan Transparency in Public Procurement Act, 2012 governs the processes regarding the evaluation and acceptance of bids in public procurement. 2) The criteria for determining similar work experience in bidding must be explicitly outlined in the tender documents, and any ambiguity must be clarified beforehand. 3) An authority's decision must reflect a reasoned analysis of the submissions made by the parties in dispute, ensuring that all relevant factors are duly considered.
1) Disciplinary procedures and principles under service law for armed forces personnel including proof of charges and imposition of penalties. 2) Requirement of proving unauthorized absence and conduct unbecoming for imposing disciplinary punishment on a CISF constable. 3) Judicial scrutiny over proportionality and appropriateness of penalties imposed in disciplinary proceedings within disciplined forces.
1) The meaning of cruelty under Section 498-A IPC includes conduct likely to drive a woman to commit suicide or cause grave injury or harassment with a view to coercing unlawful demand for dowry. 2) Demand for dowry in any form by husband or relatives attracts Section 498-A IPC if it causes cruelty. 3) To sustain conviction under Section 498-A IPC, cruelty must be continuous or persistent or in close proximity to lodging of the complaint; petty quarrels do not amount to cruelty.
1) Under Rule 16.2(1) of the Punjab Police Rules, dismissal can be awarded either for the gravest act of misconduct or as a cumulative effect of continued misconduct, with regard to the length of service and claim to pension in the latter case. 2) A disciplinary authority must inform an employee if past misconduct will be taken into consideration while imposing punishment unless the proven charge is so grave as to independently warrant dismissal. 3) Reference to past misconduct in the dismissal order to add weight to the decision does not invalidate the punishment if the effective reason is a grave act of misconduct established by enquiry.
1) Section 86(1)(b) of the Electricity Act, 2003 mandates the State Commission to regulate electricity purchase and procurement including tariff approval. 2) Power Purchase Agreements (PPAs) involving tariff fixation require review and approval by the Electricity Regulatory Commission and cannot be unilaterally modified by the parties. 3) Amendments or supplementary PPAs stipulating enhanced tariff without prior approval of the Commission are invalid and unenforceable.
1) Section 3 of The Andhra Pradesh Motor Vehicle Taxation Act, 1963 imposes motor vehicle tax only on vehicles used or kept for use in a ‘public place’ as defined by the Motor Vehicles Act, 1988. 2) Rule 12A of the Andhra Pradesh Motor Vehicle Taxation Rules, 1963 presumes motor vehicles to be kept for use unless a prior written intimation of stoppage is submitted but must be read harmoniously with the statutory charging provision limiting tax liability to vehicles used or kept in public places. 3) The definition of ‘public place’ under Section 2(34) of the Motor Vehicles Act, 1988 requires a place to be accessible to the public to constitute a public place; enclosed premises with regulated access are not ‘public places’.
1) The Uttar Pradesh Police Regulations stipulate specific criteria under which a history-sheet may be opened, primarily for habitual offenders or those reasonably suspected of criminal activities. 2) The principles of natural justice and the requirement for cogent evidence are essential before placing an individual under surveillance or opening a history-sheet against them.
1) A court that determines it lacks jurisdiction over a suit must return the plaint for presentation to the appropriate court rather than dismissing the suit outright. 2) The procedures under Order 7 Rule 10 of the Code of Civil Procedure govern the returning of the plaint when jurisdictional issues are raised.
1) Forfeiture of gratuity under the Payment of Gratuity Act, 1972 can be effected if an employee is terminated for an act constituting an offence involving moral turpitude committed in the course of employment, without requiring criminal conviction. 2) The standard of proof in disciplinary proceedings is preponderance of probabilities, lower than the criminal standard of proof beyond reasonable doubt. 3) Judicial review of disciplinary authority findings is limited to ensuring a finding is not based on no evidence or perversity; courts should not reappreciate evidence or substitute their view on penalty.
1) Compassionate appointment under Clause 20(vi) of WBPDS (M&C) Order, 2013 requires submission of a formal application within 90 days of the dealer’s death, extendable up to 120 days on just and sufficient grounds. 2) A "No Objection" affidavit from other dependent legal heirs is a mandatory prerequisite for compassionate appointment, except when the applicant is the spouse of the deceased dealer. 3) The High Court’s power of judicial review under Article 226 is limited to checking jurisdictional errors, violations of natural justice, fundamental rights, or manifest illegality in administrative decisions, and does not extend to appellate review of factual findings.
1) Section 34(1)(a) of the Chhattisgarh Excise Act, 1915 requires the prosecution to prove that the accused was in possession of illicit liquor. 2) Non-compliance with statutory provisions during seizure, including the absence of sample seals, can lead to the invalidation of the prosecution's case. 3) The burden of proof rests with the prosecution to demonstrate beyond reasonable doubt that the seized property was in safe custody and properly handled.
1) A conviction under Section 302 IPC requires the prosecution to establish beyond reasonable doubt that the death was homicidal in nature. 2) Post-mortem findings indicating that burn injuries were post-mortem in nature can refute claims of accidental death or suicide. 3) The burden of proof may shift to the accused when the prosecution establishes the circumstances leading to the death of the victim.
1) The essential ingredients for a conviction under Section 306 of IPC involve proving abetment and the accused's intention to instigate the deceased to commit suicide. 2) Mere abusive language or disputes in domestic life do not amount to instigation required for a conviction under Section 306 of IPC. 3) The court must exercise caution in assessing evidence to determine if the victim's suicide was a result of the accused's actions or mere hypersensitivity to ordinary domestic discord.
1) Section 483 of the Bharatiya Nagarik Suraksha Sanhita provides for the grant of bail under specific circumstances relevant to criminal charges. 2) The Chhattisgarh Protection of Depositors Interest Act, 2005 and the Price Chit Fund and Money Circulation Scheme (Banning) Act, 1978 set out the legal framework for financial fraud and protection of depositors. 3) The Supreme Court’s interventions, including the formation of a High Powered Sale Committee, impact the consideration for bail when the primary accused seek to liquidate assets for the benefit of defrauded investors.
1) Under Section 482 of the Code of Criminal Procedure, the High Court has the inherent power to quash FIRs and proceedings in the interest of justice. 2) The Supreme Court has recognized the validity of amicable settlements in matrimonial disputes and the power of courts to quash proceedings arising from such disputes. 3) Amicable settlement of disputes without coercion is a valid ground for quashing non-compoundable offences, provided the nature of the offences is considered.
1) The inherent powers under Section 482 of the Code of Criminal Procedure allow the High Court to quash non-compoundable offences upon consideration of the nature of the offence and an amicable settlement between the parties. 2) Supreme Court precedents establish that cases arising from matrimonial disputes should be concluded amicably if the parties have settled their differences without coercion. 3) A settlement deed reducing the terms of reconciliation into writing serves as a pivotal document for seeking quashing of criminal proceedings in matrimonial cases.
1) The quashing of FIRs in cases involving matrimonial disputes is permissible if the parties have mutually resolved their issues. 2) Section 498A IPC addresses the subject of cruelty against a woman by her husband or his relatives, while Section 406 IPC deals with criminal breach of trust regarding dowry. 3) The courts have the discretion to quash FIRs in the interest of justice when all parties agree to a settlement.
1) The inherent powers under Section 482 of the Code of Criminal Procedure allow the High Court to quash non-compoundable offences if the parties have reached an amicable settlement. 2) Amicable settlements in matrimonial disputes should be encouraged to secure the ends of justice and prevent abuse of the process of any court. 3) The Supreme Court has recognized the validity of settlements in cases involving matrimonial differences and has established that such resolutions can lead to the quashing of FIRs.
1) The granting of bail is discretionary and depends on the assessment of circumstances surrounding the case. 2) The principle of presumption of innocence applies until proven guilty beyond reasonable doubt. 3) Circumstantial evidence requires corroboration and the credibility of witnesses is critical in determining guilt.
1) Section 26(b) of the Assam Rifles Act, 2006 penalizes unauthorized absence or overstaying leave by a personnel. 2) Sections 57(1)(c) and 96 of the Assam Rifles Act, 2006 empower the Summary Assam Rifles Court to try offences and impose punishments including dismissal from service. 3) Section 139(2) of the Assam Rifles Act, 2006 permits the Competent Authority to review the justness of the punishment imposed by the court.
1) The jurisdiction of a High Court under Article 226 in issuing writ of certiorari is limited to examining whether the decision-making process is palpably erroneous, perverse, or without jurisdiction, and not to reweigh evidence or substitute its own view. 2) Submission of fake educational documents and criminal conviction under IPC sections 352/354D constitute valid grounds for dismissal from service under relevant service rules. 3) Even if an order is found illegal or invalid, the High Court exercising extraordinary jurisdiction may refuse to interfere to do substantial justice considering public interest and equity.
1) The "clean slate" doctrine in insolvency law allows resolution applicants to commence operations free of prior liabilities and obligations upon the approval of a resolution plan. 2) The obligation of disclosure in tender processes must be balanced against the legal ramifications of prior debarments following the acquisition of a company in insolvency. 3) The existence of an anonymous complaint does not automatically compel action against a bidder if due diligence under applicable guidelines is not observed by the responding authority.
1) The principles of natural justice require that reasons must be provided for administrative and quasi-judicial orders affecting individuals. 2) Non-communication of reasons in a decision that leads to civil consequences amounts to denial of a reasonable opportunity of hearing. 3) The requirement to provide specific details in show-cause notices is essential to avoid rendering the notice ineffective and merely formal.
1) Preventive detention under the Gujarat Prevention of Anti-social Activities Act, 1985 requires a clear nexus between the detenue's activities and a threat to public order. 2) The distinction between 'law and order' and 'public order' must be maintained; violations affecting only specific individuals do not warrant preventive detention. 3) The subjective satisfaction of the detaining authority must be based on substantial evidence that the detenue's activities are likely to adversely affect public order.
1) The distinction between "law and order" and "public order" is critical in cases of preventive detention under the Gujarat Prevention of Anti-social Activities Act, 1985. 2) Mere registration of criminal offences does not automatically justify preventive detention unless it can be established that such activities adversely affect public order. 3) The subjective satisfaction of the detaining authority must be based on sufficient material indicating the impact of the alleged activities on the public at large.
1) Preventive detention can only be justified if the activities of the individual adversely affect public order, not merely law and order. 2) The subjective satisfaction of the detaining authority must be based on sufficient material that demonstrates a genuine threat to public order. 3) The distinction between "law and order" and "public order" must be clearly established for a valid detention under the preventive detention laws.
1) The principle that delay should not be condoned merely as an act of generosity and the necessity of reasonable grounds to condone delay as per Apex Court precedent in Thirunagalingam vs. Lingeswaran. 2) The statute of limitation is mandatory and courts do not have the power to extend limitation periods on equitable grounds, as reiterated in Basawaraj v. Land Acquisition Officer. 3) Distinction between ‘explanation’ and ‘excuse’ for condoning delay; only satisfactory explanations demonstrating reasonable cause can justify condonation of delay (Sheo Raj Singh through LRs v. Union of India).
1) Excess payments made due to wrong interpretation or application of pay rules by employer are not recoverable from employees in absence of fraud or misrepresentation. 2) Recovery of such excess payments from retired employees or for periods beyond five years is generally impermissible to prevent undue hardship. 3) Courts exercise judicial discretion in equity to deny recovery against employees for excess payments made, especially where the employee relied in good faith on the payments over a long period.
1) Preventive detention under Article 22(3)(b) of the Constitution of India is a constitutionally permissible draconian measure requiring careful exercise to avoid arbitrary deprivation of liberty. 2) Section 17 of the Jharkhand Control of Crimes Act, 2002 mandates communication of grounds of detention to the detenu within five or at most ten days from the date of detention, with exception for public interest. 3) Definition of "anti-social element" under Section 2(d)(i) of the Act includes persons habitually committing offences punishable under Chapter XVI or XVII of the IPC, empowering detention under Section 12(1).
1) The obligation of a litigant to prosecute the appeal diligently and avoid undue delays in judicial proceedings. 2) The authority of courts to dismiss appeals for non-prosecution if parties fail to comply with procedural requirements despite multiple adjournments. 3) The duty of courts to balance procedural fairness, including issuing notices, against the need to prevent abuse of judicial processes causing delay.
1) Rule 159 of the High Court of Jharkhand Rules, 2001 mandates surrender before the Court in revision petitions arising from conviction and sentence of imprisonment, subject to grant of exemption on sufficient cause shown. 2) The practice of requiring surrender before hearing appeals or revisions is well-established and not arbitrary, serving the purpose of preventing absconding after conviction. 3) The inherent power of the Court to grant exemption from surrender exists and overrides rigid application of procedural rules where sufficient cause is made out.
1) The power of review under Order 47 Rule 1 CPC is confined to correcting an apparent error on the face of the record and cannot be used to re-examine issues involving complex reasoning or on merits. 2) The date for commencement of the limitation period under Section 34(3) of the Arbitration and Conciliation Act, 1996 is the date of receipt of the signed hard copy of the arbitral award, not the date of supply of a scanned copy by email. 3) The correctness of the Trial Court’s order allowing amendment of pleadings in connection with a condonation application is a separate issue from the limitation period calculation and must be decided independently.
1) Principles governing condonation of delay in filing appeals require sufficient cause to be demonstrated. 2) Judicial discretion plays a key role in condoning delay where adequate explanation is provided. 3) Consent or no objection from the respondents supports exercise of discretion in favor of condonation.
1) The classification and taxability of by-products under specific and general entries in tax statutes. 2) The principle that specific entries in a taxing statute override general or residuary entries. 3) Interpretation of "by-products" in commercial and legal parlance for assessing exemption under commercial tax laws.
1) Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 requires consideration of applications pertaining to attachment and sale of secured assets. 2) Judicial authorities must verify the existence of any pending proceedings or stay applications before the Debt Recovery Tribunal prior to adjudication under Section 14 of the SARFAESI Act. 3) The principles established in Equitas Small Finance Bank Ltd. v/s State of M.P. are binding on authorities deciding Section 14 applications under SARFAESI Act.
1) Annual increment crystallizes when a government servant completes the requisite length of service with good conduct, becoming payable on the succeeding day. 2) Supreme Court’s decision in Director (ADMN) and HR KPTCL v/s C.P. Mundinamani clarifies entitlement to annual increment after retirement. 3) The scope of retrospective payment of increments is governed by specific directions issued by the Supreme Court in Union of India v/s M. Siddaraj (Civil Appeal No.3933/2023).
1) Entitlement to annual increment crystallizes on completion of the requisite length of service with good conduct and becomes payable on the succeeding day of completion. 2) Annual increment earned on the last day of service is payable even after retirement, subject to period of entitlement as per Supreme Court directions. 3) The Supreme Court’s decision in Union of India v. M. Siddaraj (2025) governs the effective dates and retrospective payment of increments/ enhanced pension for retired government employees.