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1) Arbitration and Conciliation Act, 1996 – Section 34 & 37 – Scope of judicial review of arbitral awards is limited to grounds specified in Section 34 and appellate power under Section 37 cannot reappraise evidence or substitute the arbitrator’s view. 2) Contract Law – Contract Clauses – Clause 2 (liquidated damages), Clause 5 (extension of time), and Clause 10-CC (escalation compensation) – Clause 2 provides a final and binding mechanism for delay compensation; Clause 10-CC and Clause 2 are mutually exclusive for same period; extensions under Clause 5 may be conditional and must be applied for by contractor, else Engineer’s suo motu extensions remain conditional.
1) Criminal Procedure – Section 482 CrPC – Courts have inherent jurisdiction to prevent abuse of process of law and protect the interests of justice by granting interim custody of seized property under appropriate safeguards. 2) NDPS Act – Seizure and custody of vehicles used in commission of offence – Prolonged seizure leading to vehicle’s deterioration must be avoided; interim release subject to conditions to safeguard prosecution’s interest is permissible.
1) Civil Procedure Code (CPC) – Order XXIII Rule 3 – Disposal of appeals by compromise – A civil appeal can be disposed of on terms of a compromise between the parties, recorded in an application and verified by the court registrar. 2) Civil Procedure Code (CPC) – Rights of Non-parties – A settlement between parties does not affect the rights of non-parties to the suit, especially where the dispute in the settlement does not concern their share or interest.
1) Criminal Procedure – Section 482 CrPC – High Court’s inherent power to quash FIRs – Scope and limitations – Quashing is permissible only in rarest of rare cases where allegations are palpably false or mala fide without any prima facie foundation. 2) Criminal Law – Extortion and Criminal Intimidation – Sections 296(b), 308(5), 351(2) of BNS – Ingredients of offences – Allegations supported by statements of complainant and eyewitnesses or contemporaneous documents constitute sufficient prima facie case to proceed.
1) Criminal Procedure - Quashing of FIR - It is a settled principle that if an information discloses the commission of a cognizable offence, allegations of mala fide or personal vendetta against the complainant or police do not warrant quashing at the threshold. 2) Constitutional Law - Article 19(1)(a) - The right to freedom of speech and expression under Article 19(1)(a) is subject to reasonable restrictions and does not provide immunity from investigation upon allegations of criminal misconduct such as extortion or intimidation.
1) Civil Procedure – Pleadings – Order VI Rules 1 & 2 of the Code of Civil Procedure, 1908 – Pleadings must contain material facts (facta probanda) and not evidence (facta probantia), must be precise, and form the foundation of the party’s case. Evidence beyond pleadings cannot be used to create a new cause of action but exceptions exist where parties proceeded on the basis that the issue was at trial. 2) Rent Control Law – Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 – Section 5(3) (definition of landlord) and Section 13(1)(g), 13(1)(l), 13(2) – Plaintiff must prove landlord-tenant relationship, bona fide need of landlord, availability of alternative accommodation to tenant, and relative hardships to succeed in eviction suit.
1) Civil Procedure Code (CPC) – Order XV Rule 5 – Deposit of rent – The defendant/tenant must deposit admitted rent with interest on or before the first date of hearing and regularly during pendency of suit to avoid striking off defence. Discretionary power vested in court not to mechanically strike off defence even in event of default. 2) Civil Procedure Code (CPC) – Order XV Rule 5 – Judicial discretion – Striking off defence is a penal and drastic measure allowable only in cases of willful default or contumacious conduct by tenant; discretion must consider substantive compliance and reasons for default.
1) Service Law – Remission and Premature Release – Articles 72 and 161 of the Constitution of India and Section 432 of the CrPC empower the appropriate authority to grant remission, which is an executive power distinct from judicial sentencing, and must be exercised with application of mind and for reformative purposes. 2) Criminal Law – Right to Reasoned Order – Any administrative order affecting personal liberty, such as rejection of remission, must be a speaking order with clear reasons reflecting due consideration, to ensure transparency, fairness, and enable effective judicial review.
1) Service Law – Motor Vehicles Act, 1988, Sections 146, 147, 166, 167, and 168 – Compensation – Mediclaim reimbursement linked to injury incurred is a contractual benefit and is distinct from statutory compensation under the MVA, hence not deductible. 2) Constitutional Law – Doctrine of Just Compensation – Compensation under the MVA must be “just and fair” and not result in unjust enrichment or double recovery by claimants receiving both Mediclaim payments and statutory compensation.
1) Civil Procedure Code – Order VII Rule 11 – The court can reject a plaint only if it appears from the plaint itself that the suit is barred by law; disputed questions of fact or merit cannot be decided at this stage. 2) Hindu Succession Act, 1956 – Section 6(5) as amended by the 2005 Amendment – This section is a narrow saving clause protecting only partitions effected by registered deed or court decree before 20.12.2004 and does not operate as a jurisdictional bar to filing a suit for partition thereafter.
1) Constitutional Law – Articles 265, 269, 286 of the Constitution of India – Distribution of Taxation Powers – Article 269 vests exclusive power in the Union to levy and collect tax on sale or purchase of goods in the course of inter-State trade or commerce; Article 286 restricts States from imposing tax on such inter-State sales. This ensures exclusive fiscal jurisdiction and prevents double taxation. 2) Taxation Law – Central Sales Tax Act, 1956, Section 3 (Inter-State Sales) and Explanation 3 (added 2016) – A sale occasions movement of goods from one State to another and such movement through common carrier pipelines, even if gas is commingled and fungible, constitutes inter-State sale subject to CST Act and excludes State VAT jurisdiction.
1) Maharashtra Protection of Interest of Depositors (MPID) Act, 1999 – Section 2(c) – “Deposit” – The definition of “deposit” includes any receipt of money or acceptance of any valuable commodity to be returned after a specified period with or without any benefit, showing wide legislative intent to cover various forms of money acceptance beyond conventional loans. 2) MPID Act, 1999 – Section 2(d) and Section 3 – “Financial Establishment” and Fraudulent Default – Any person accepting deposits under any scheme or arrangement, including private individuals, qualifies as a “Financial Establishment”, and fraudulent default in repayment attracts criminal liability under Section 3, independent of civil remedies or IPC offences.
1) Motor Vehicles Act, 1988 – Section 173(1) – Compensation – Assessment of income in absence of substantive evidence – Income to be assessed based on minimum wages applicable to the deceased’s category. 2) Motor Vehicles Act, 1988 – Compensation – Future prospects and multiplier – As per National Insurance Co. Ltd. v. Pranay Sethi and Sarla Verma v. Delhi Transport Corporation judgments, enhancement of compensation to include future prospects @ 40% and applying appropriate multiplier is mandated.
1) Motor Vehicles Act, 1988 – Section 173(1) – Provides the appellate jurisdiction to challenge claims awards on grounds including inadequacy of compensation. 2) Motor Accident Claims – Assessment of Compensation – Principles from rulings such as National Insurance Co. Ltd. v. Pranay Sethi and Sarla Verma v. Delhi Transport Corporation guide assessment of loss of income, future prospects, and multiplier application in fatal accident claims.
1) Motor Vehicles Act, 1988 – Section 173(1) – Provides the procedural framework for appeals against compensation awards granted by Motor Accident Claims Tribunals; empowers appellate courts to enhance compensation if inadequacy is established. 2) Compensation – Loss of income and future prospects – As per National Insurance Co. Ltd. v. Pranay Sethi (2017) and Sarla Verma v. Delhi Transport Corporation (2009), the claimant is entitled to compensation including future prospects assessed at 40%, and application of multiplier based on age and disability for calculating loss of earning capacity.
1) Motor Vehicles Act, 1988 - Section 173(1) – Compensation – The court may enhance compensation awarded by Claims Tribunal if the original award is found inadequate on proper appreciation of income, future prospects, and other relevant factors. 2) Compensation - Future Prospects and Conventional Heads – Following judgments in National Insurance Co. Ltd. v. Pranay Sethi and Sarla Verma v. Delhi Transport Corporation, claimants are entitled to compensation including future prospects and reasonable conventional heads under motor accident claims.
1) Motor Vehicles Act, 1988 – Section 173(1) – Grants right to appeal against awards of Motor Accident Claims Tribunal for enhancement of compensation on grounds of inadequacy. 2) Compensation – Assessment of Income and Future Prospects – In absence of documentary proof of income, income of the deceased is to be assessed based on minimum wages applicable, with addition of future prospects at 25% as per judgment in National Insurance Co. Ltd. vs. Pranay Sethi (2017).
1) Service Law – Medical Education – Medical Council of India/National Medical Commission Regulations – Interim orders under Article 142 of the Constitution mandating Government-rate fees for students admitted in private medical colleges with no valid renewal of recognition – Importance: Governs fee liability and admission conditions in private medical colleges amid regulatory non-renewal. 2) Contract Law – Quasi-Contract and Equity – Doctrine of unjust enrichment (Commodum ex injuria sua nemo habere debet) – Importance: Prevents transferee students from enjoying undue benefit of subsidized Government-rate fees when initially admitted under private quota requiring higher fees.
1) Indian Penal Code - Section 34 - Common Intention - Conviction under Section 34 IPC requires proof of prior meeting of minds, pre-plan, or pre-meditation among accused persons to commit the crime, either before or during the commission of the act. 2) Evidence - Medical Evidence and Witness Testimony - Medical evidence of injuries on a dead body can be critical to corroborating or disproving oral evidence regarding acts such as dragging a corpse, thereby affecting the reliability of witness testimony concerning the accused’s role.
1) Criminal Procedure Code, 1973, Section 439 – Bail – Discretion of the Court to grant bail during trial – Factors include stage of trial, nature of offence, and period of incarceration. 2) Indian Penal Code, Sections 147, 148, 149, 307, 302 – Criminal Offences – Distinction between single and multiple injuries impacts consideration for bail during trial.
1) Constitutional Law – Article 21 – The fundamental right to life and personal liberty under Article 21 overrides statutory provisions imposing embargo on bail, especially where prolonged incarceration results from delay in trial. 2) Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 – Section 37(1)(b) – Bail provision for offences involving large quantities of narcotics is generally prohibited, but courts may grant bail considering the period of custody and progress of trial.
1) Criminal Procedure – Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 – Court’s inherent jurisdiction to quash criminal proceedings to prevent abuse of process of law when allegations are inherently improbable or mala fide. 2) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act – Procedural safeguards and need for sanctions in prosecutions involving public servants to ensure fairness and prevent misuse of criminal law.
1) Civil Procedure Code – Order XLVII Rule 1 – Review Jurisdiction – Scope of review is limited to patent error or discovery of new and important matter or evidence not within knowledge despite due diligence; review is not a rehearing or appeal in disguise. 2) Eviction Law – M.P. Accommodation Control Act – Eviction requires proof of divestment of exclusive possession by tenant to sub-tenant as a mandatory condition for establishing unauthorized sub-letting.
1) Service Law – Promotion and Seniority – Following acquittal in disciplinary/criminal proceedings, an employee is entitled to benefits of promotion and salary from the date they would have been promoted but for such proceedings, subject to consideration of all surrounding facts – as per the principles established in Union of India v. K.V. Jankiraman (1991) 4 SCC 109. 2) Constitutional Law – Articles 14 and 16 – Arbitrary denial of seniority and consequential service and monetary benefits post-acquittal violates the guarantee of equality and protection of rights in public service promotions.
1) Arbitration Law – Arbitration and Conciliation Act, 1996, Section 7(5) – An arbitration clause in one document may be incorporated into another contract by a clear and unequivocal reference that demonstrates intent to incorporate the arbitration clause entirely. 2) Contract Law – Incorporation by Reference – Mere reference to another document does not suffice; there must be a firm intention and clear expression that all terms, including arbitration clause, are to be binding and form part of the later contract.
1) Service Law – Recruitment and Service Rules of IIIT-Allahabad, 1999 – Rules 9 and 9-A prescribe distinct selection procedures and committees for regular and contractual appointments; adherence to these rules is mandatory for valid appointments. 2) Constitutional Law – Articles 14 and 16 of the Constitution of India – Equality and Equal Opportunity in Public Employment – Arbitrary and discriminatory denial of regular appointment when candidate is fully qualified violates these constitutional guarantees.
1) Criminal Law – Indian Penal Code, 1860, Sections 302, 323 – The necessity of reliable and corroborated evidence to uphold conviction for murder and causing hurt. 2) Criminal Law – Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Sections 3(2)(v), 3(1)(x) – Requirements to prove offences involving caste-based insults and atrocities necessitate credible evidence and proper investigation.
1) Service Law – U.P. Basic Education Act, 1972 & Government Orders – Prescribed timelines for recruitment processes are mandatory when instituted for public purpose to ensure uniformity and prevent delay, and non-compliance vitiates the selection. 2) Administrative Law – Doctrine of Legitimate Expectation and Vested Rights – Mere recommendation or participation in selection does not confer a vested right to appointment; valid appointment depends on completion of selection as per statutory and policy requirements.
1) Criminal Procedure Code – Section 482 – The High Court’s inherent powers to quash or stay proceedings can be exercised only when the applicant comes with clean hands, disclosing all material facts including pending related applications under court rules. 2) Allahabad High Court Rules, 1952 – Rule 3(5), Chapter XVIII, Part-III – Mandates disclosure of all pending applications or revisions in any court concerning the same cause of action or relief to avoid abuse of the process and ensure transparency before the High Court.
1) Evidence Act, Section 106 – Burden of Proof – The burden of proving facts especially within the knowledge of a person lies on that person; however, this does not absolve the prosecution of its primary duty to establish the guilt of the accused beyond a reasonable doubt. 2) Indian Penal Code, Section 302 – Murder – Conviction requires the prosecution to prove beyond reasonable doubt that the accused committed the murder; mere presence under the same roof or "last seen" theory without additional incriminating evidence is insufficient.
1) Evidence Act, Section 32(1) – A statement made by a deceased person as to the cause of death or circumstances of the transaction resulting in death is admissible as a dying declaration, even if recorded by police under Section 161 CrPC; no requirement exists that it be recorded by a Magistrate. 2) Criminal Procedure Code, Sections 161 and 162 – Statements recorded under Section 161 CrPC, though generally not admissible for substantive evidence under Section 162 CrPC, are admissible and relevant when they fall within the ambit of a dying declaration as per Section 32 of the Evidence Act, but require cautious evaluation and corroboration.
1) Service Law – U.P. Basic Education Staff Rules, 1973 and U.P. Government Servant (Discipline and Appeal) Rules, 1999 – Prescribe procedure and inquiry requirements for disciplinary action against government employees, including verification of allegations of fraud and forged documents. 2) Doctrine of Fraud – Fraud vitiates all solemn acts – An appointment obtained by submission of forged or fabricated educational credentials is void ab initio and no disciplinary inquiry is mandatorily required to cancel such appointment.
1) Criminal Law – IPC Section 306 and 107 – Abetment to Suicide requires proof of direct or indirect act of instigation by accused in close proximity to the suicide, establishing mens rea to drive victim to suicide. 2) Criminal Procedure – Section 482 CrPC – Inherent powers to quash criminal proceedings are to be exercised sparingly, only when no prima facie offense is disclosed, ensuring investigation is not prematurely scuttled.
1) Criminal Procedure – Bail – Pre-arrest bail is a discretionary relief and can be granted when the allegations prima facie do not disclose the commission of a serious offence or the applicant’s involvement is dubious, balancing the interest of justice and investigation. 2) Protection of Children from Sexual Offences Act, 2012 – Sections 8 & 12 – Defines the offences relating to sexual assault and punishment thereof; however, the mere presence of allegations under POCSO does not ipso facto preclude bail, if the facts do not prima facie prima facie attract such offences.
1) Criminal Procedure – Pre-Arrest Bail – The principle governing grant of interim protection under serious charges where there is absence of prior complaints or direct implicating statements during deceased’s lifetime. 2) Bhartiya Nyaya Sanhita, 2023 – Sections 108, 85, 115(2), 3(5) – Application of provisions relating to abetment and offense arising from ill-treatment and resultant death through suicide.
1) Criminal Law – Bharatiya Nyaya Sanhita, 2023, Sections 316(5), 318(4), 338, 336(3), 340(2) and 61(2) – Anticipatory Bail – Principles for grant of anticipatory bail include consideration of the seriousness of offence, antecedents of accused, evidence tampering, and cooperation with investigation. 2) Procedure – Anticipatory Bail – Conditions may be imposed such as P.R. bond with surety, attendance at police station, prohibition on evidence tampering or witness intimidation, and restrictions on leaving the country without court permission.
1) Arbitration and Conciliation Act, 1996 – Section 11(6) – Appointment of Arbitrator requires the existence of a valid arbitration agreement; mere reference to standard agreement terms does not ipso facto incorporate the arbitration clause unless explicitly stated. 2) Contract Law – Incorporation of Arbitration Clause – Principles established in M.R. Engineers & Contractors Pvt. Ltd. v. Som Datt Builders Ltd. and M/s Inox Wind Ltd. v. M/s Thermocables Ltd. requiring clear, specific reference to arbitration clause for incorporation by reference.
1) Criminal Law – Unlawful Activities (Prevention) Act, 1967 – Section 43-D(5) – Bail conditions for terrorist offences are severely restrictive, emphasizing that bail should not be granted merely on delay in trial or weak evidence at the bail stage. 2) Criminal Procedure – Bail – Prima facie case for bail denial can be established based on investigation materials and broad probabilities without evaluating the merits or demerits of the evidence at the bail stage.
1) Classification amongst similarly situated persons without a rational basis violates Article 14 of the Constitution of India.
1) Administrative Law – Issuance of Certificates – Public authorities are obligated to consider applications for caste and income certificates in accordance with law and within a reasonable time, especially when applicants require such certificates for statutory or official purposes. 2) Service Law – Writ Jurisdiction – High Courts possess the power under writ jurisdiction to direct public authorities to perform legal duties including the timely issuance or renewal of certificates essential to the petitioner’s rights and legitimate interests.
1) Constitutional Law – Writ Appeal – Interim Orders – A higher court has the discretion to restore or continue interim relief granted by a lower court particularly when the lower court is not functioning due to vacation or other reasons, to avoid prejudice to the parties. 2) Civil Procedure – Interim Relief – Restoration of interim orders pending hearing protects parties' rights and maintains status quo pending final adjudication.
1) Education – Evaluation and Assessment – The internal assessment scheme mandates allocation of marks for home assignments as part of the total internal marks per subject, which must be reflected in the marks card to ensure accurate academic record and merit ranking. 2) Administrative Law – Direction to Public Authorities – When an omission in academic records is admitted by an official respondent, the competent authority is duty-bound to rectify the error and issue corrected documents within a reasonable time.
1) Criminal Procedure Code – Section 372 Proviso – Recognizes the right of a victim to file an appeal against an order of acquittal without the necessity of seeking special leave, thus extending substantive procedural rights to complainants deemed victims under the law. 2) Negotiable Instruments Act, 1881 – Section 138 – Dishonour of a cheque is a deemed offence, and the complainant aggrieved by such dishonour is considered a victim for the purpose of criminal appeals under Cr.P.C.
1) Indian Succession Act, 1925 - Section 63 and Indian Evidence Act, 1872 - Section 68 - Proof and validity of wills require examination of attesting witnesses and have a presumption of valid execution unless rebutted, emphasizing that one attesting witness's credible testimony is sufficient to prove a will. 2) Property Law – Sale Deed and Title – A successor having a life interest under a will is competent to execute sale deeds over the property during their interest period, and registered sale deeds carry presumptive validity unless convincingly challenged.
1) Specific Relief Act, 1963 – Section 20 – Discretionary nature of specific performance – The relief of specific performance is discretionary and equitable, requiring the plaintiff to act fairly and show readiness and willingness to perform the contract. 2) Evidence Act, 1872 – Section 73 – Evidentiary burden of proving execution of agreement – Once execution is denied, burden lies on plaintiff to prove execution conclusively; discrepancies and contradictions in attesting witnesses’ statements weaken proof.
1) Service Law - Principles of Natural Justice - An enquiry officer must act as an independent adjudicator and must not assume the role of the presenting officer; violation of this principle vitiates the enquiry. 2) Evidence Law - Expert Handwriting Evidence - As per the Supreme Court rulings in Magan Bihari Lal v. State of Punjab and others, expert handwriting evidence is only corroborative and cannot form the sole basis of conviction or penalty without supporting direct or circumstantial evidence.
1) Administrative Law – Quasi-judicial orders – Requirement of Speaking and Reasoned Orders – It is mandatory for disciplinary/quasi-judicial authorities to record clear, valid, and justifiable reasons in their orders to ensure fairness and transparency and avoid arbitrariness. 2) Constitutional Law – Article 226 – Principles of Natural Justice – A non-speaking and unreasoned order affecting an individual’s rights is subject to being quashed since it violates fairness and due process, and appellate orders cannot cure the absence of reasons in original orders.
1) Motor Accident Claims – Compensation – Assessment of notional income and future prospects – The notional income of a meritorious engineering student with promising academic record must be assessed beyond minimum wages applicable to unskilled workers, applying future prospects under Sarla Verma (2009) and Pranay Sethi (2017) judgments. 2) Motor Accident Claims – Conventional Heads – Loss of estate, consortium, funeral expenses – The principles in Pranay Sethi (2017) and Magma General Insurance (2018) prescribe enhanced reasonable amounts for non-pecuniary damages in death claims arising from motor accidents.
1) Family Law – Matrimonial Remedies – Cruelty and Desertion – The conduct of a wife in pursuing her professional career and securing a safe environment for child upbringing does not constitute cruelty or desertion if it is exercised within her autonomy and dignity. 2) Criminal Law – Code of Criminal Procedure, 1973 – Sections 195 and 340 – Prosecution for perjury requires clear and credible evidence; mere matrimonial acrimony and hyper-technical dissection of statements do not satisfy ingredients of offence.
1) Constitutional Law – Articles 19(1)(a), 21A, 350A – Right to Education and Freedom of Speech and Expression – The right to receive education in one’s mother tongue is implicit in the freedom of speech and expression and the right to education, mandating States to ensure accessible, quality, and intelligible education in the child’s language. 2) Education Law – Right of Children to Free and Compulsory Education Act, 2009, Section 29(2)(f) – Curriculum and Evaluation – Requires academic authorities to formulate curriculum with medium of instruction as far as practicable in the child’s mother tongue, giving legal backing to mother tongue-based education.
1) Land Acquisition Law – Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – Section 26(1) prescribes the criteria for determination of market value of land by the Collector, emphasizing adoption of the highest value among the government stamp duty rate, average sale price of similar land in nearby area, or consented amount for PPP projects, with detailed explanations regulating the methodology of valuation. 2) Arbitration Law – Arbitration and Conciliation Act, 1996 – Section 34(2A) allows setting aside of an arbitral award if vitiated by patent illegality apparent on the face of the award, notwithstanding the proviso shielding awards from being set aside merely on erroneous application of law.
1) Insolvency and Bankruptcy Code, 2016 – Section 61 and limitation proviso – establish strict timelines and requirements for filing appeals, emphasizing the necessity of filing with a certified copy of the impugned order. 2) National Company Law Appellate Tribunal Rules, 2016 – Rule 22(2) – mandates every appeal to be accompanied by a certified copy of the impugned order, and non-compliance results in the appeal being defective beyond cure.
1) Service Law – Disciplinary Proceedings – Regulation 10 of Canara Bank Officer Employees (Discipline and Appeal) Regulations, 1976 – The use of the word “may” in the provision is directory and vests discretion in the employer to decide on common or separate disciplinary proceedings, not a mandatory requirement to hold joint proceedings. 2) Service Law – Judicial Review – Scope – In disciplinary matters, courts’ power of judicial review is limited and does not extend to reappreciation of evidence except where a glaring error or violation of principles of natural justice has occurred.
1) Criminal Law – Indian Penal Code, Sections 405, 420, 120B – The foundational ingredients of criminal breach of trust, cheating, and criminal conspiracy require specific elements such as entrustment, fraudulent intention, and prior agreement which must be disclosed in the complaint to constitute an offence. 2) Clinical Establishments Law – West Bengal Clinical Establishments (Registration, Regulation and Transparency) Act, 2017 – Sections 29, 34 – Disputes related to billing irregularities, supply of medical records, and service deficiencies are primarily civil/statutory in nature with remedies under the adjudicatory mechanisms established by the Act, and not necessarily criminal offences.
1) Criminal Law – Bharatiya Nagarik Suraksha Sanhita, 2023, Section 193(3) – The Investigating Officer has the statutory duty to complete investigation and file the charge-sheet/report on completion without unjustified interim restraint by the court. 2) Constitutional Law – Article 226 – The jurisdiction of the High Court under writ jurisdiction to quash FIR or restrain investigation is limited and must not hamper statutory investigation and filing of charge-sheet; once cognizance is taken, jurisdiction under Article 226 ceases but alternate remedy under Section 528 BNSS or Section 482 CrPC exists for quashing.
1) Constitutional Law – Article 145(4) of the Constitution of India and Supreme Court Rules Order XII, Rules 1 and 3 – Judgments must be pronounced in open court and can only be altered before signing for clerical or minor errors, but not for material changes without re-hearing parties. 2) Civil Procedure – Review and modification of orders – Material changes to an order dictated in court before signing should only be made after re-hearing the parties; miscellaneous applications in disposed proceedings are maintainable only for correcting clerical or arithmetic errors or in rare cases where the order has become impossible to execute due to subsequent developments.
1) Tax Law – Income Tax Act, 1961, Sections 147 and 148 – Reopening of assessment requires tangible material forming a "reason to believe" that income chargeable to tax has escaped assessment, and mere change of opinion is insufficient – the Assessing Officer’s "reason to believe" must be based on fresh, specific, reliable information not considered in original assessment. 2) Contract Interpretation – Contractual clause construction is a question of law – Clause 7 of AOP Agreement grants SPPL an overriding title to 35% of gross receipts (revenue) rather than a share of profits, meaning the income must be taxed in SPPL’s hands as it accrues prior to expense deduction.
1) Transfer of Property Act, 1882 – Section 53A – Doctrine of Part Performance – A prospective purchaser in lawful possession after fulfilling contractual obligations acquires possessory title which cannot be disturbed by the transferor or his claimants, forming a substantive basis for relief including injunctions. 2) Limitation Act, 1963 – Article 54 – Period of limitation for suit for specific performance – The limitation period begins from the date fixed for performance or, if no date is fixed, when performance is refused, and registered agreement to sell with possession is valid for specific time period unless extended by conduct or fresh agreements.
1) Constitutional Law – Article 22(5) – Mandates communication of grounds of detention and opportunity for representation, requiring that grounds include factual materials and not mere inferences, ensuring procedural fairness in preventive detention. 2) Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 – Section 3(1) – Preventive detention orders require subjective satisfaction of the detaining authority based on proximate and relevant material reflecting inevitability of detention to prevent unlawful drug trafficking.
1) Juvenile Justice (Care and Protection of Children) Act, 2015 – Juveniles cannot be made subject to preventive detention under PSA for acts committed while they were juveniles, as the law mandates reform and prohibits stigmatization through such detention. 2) Preventive Detention – Detention orders must be based on relevant, proximate, and legally admissible material, must clearly specify grounds without vagueness, and preventive detention is an extraordinary measure strictly construed and not applicable if ordinary criminal law suffices.
1) Preventive Detention – Jammu & Kashmir Public Safety Act, 1978, Section 8(1)(a)(i) – Preventive detention orders must be based on proximate and fresh grounds establishing a reasonable nexus between past conduct and likelihood of future prejudicial activities to security or public order; stale grounds or lack of live link invalidates the detention. 2) Constitutional Law – Article 21 of the Constitution of India – Right to liberty includes right to effective representation against detention and requirement that grounds of detention must be specific, clear and not vague; failure to provide material or vague grounds vitiates preventive detention orders.
1) Magistrates have the power to alter, revoke or drop proceedings under Section 12 of the Protection of Women from Domestic Violence Act, 2005 as these proceedings are not strictly criminal in nature.
1) The release of seized case property, including original service books, is subject to the determination and order of the competent Magistrate under Sections 523 of the J&K Cr.PC or 516-A of the Cr.PC.
1) A plea of guilty must be unequivocal and informed, and if the accused indicates a wish for trial, the court is obligated to conduct a trial rather than record a conviction based on the plea.
1) Service Law – Madhya Pradesh Daily Wages Employees (Conditions of Service) Rules, 2013 – Rules 10 and 11 mandate termination of services of daily wage employees only after a regular inquiry proving major misconduct. This procedural safeguard protects against arbitrary termination. 2) Constitutional Law - Articles 14, 16, 21, and 311(2) of the Constitution of India – Guarantee of equality, protection of life and personal liberty, and protection against arbitrary dismissal require fair procedures and reasoned decisions before terminating long-serving employees, especially where appointments were made based on official circulars and recommendations.
1) Service Law – M.P. Civil Services (CCA) Rules, 1966, Rule 14(15) – Procedures for departmental enquiry and restrictions on recalling witnesses after closure of defence to ensure fairness and adherence to natural justice. 2) Administrative Law – Doctrine of Proportionality – Punishment in disciplinary proceedings must be commensurate with the gravity of misconduct and not be shockingly disproportionate to maintain just discipline.
1) Banking Law – RBI Master Circular on Asset Classification – An account can be classified as NPA only if interest or principal remains overdue for more than 90 days, as mandated by Clauses 2)1.1 and 2)1.2 of the RBI Master Circular. Such classification must be based on objective defaults and not subjective auditor reports. 2) Constitutional Law – Fundamental Right to Travel (Article 21) – Issuance of a Look Out Circular without serving notice or providing an opportunity of hearing, especially when based on an illegitimate NPA classification, constitutes an arbitrary restriction on the fundamental right to freedom of movement guaranteed under Article 21 of the Constitution.
1) Constitutional Law – Article 16(4) – Persons with benchmark disability are entitled to reasonable classification and equitable relaxation in qualifying marks in recruitment, at least equal to that granted to reserved categories such as SC/ST. 2) Rights of Persons with Disabilities Act, 2016 – Sections 3, 20, 33 and 34 – The Act mandates non-discrimination, reasonable accommodation, and reservation for persons with benchmark disability, recognizing their social backwardness and entitling them to appropriate benefits in employment.
1) NDPS Act, Section 37 – Bail – Bail for offences involving commercial quantity of contraband can only be granted if the court records satisfaction that the accused is not guilty and unlikely to commit offence while on bail. 2) Criminal Procedure – Bail Consideration – Prior involvement in similar offences adversely affects the court’s satisfaction regarding bail conditions under the NDPS Act.
1) NDPS Act, Section 37 – Bail – Bail for offences involving commercial quantity of narcotic drugs can only be granted if the Court is satisfied that the accused is not guilty of the offence and is unlikely to commit any offence while on bail, making these conditions mandatory before bail is granted. 2) Criminal Procedure Code, Sections 438 and 439 – Pre-arrest and regular bail applications must demonstrate satisfaction of statutory conditions as required under special laws like NDPS Act for bail consideration.
1) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 – Sec 3(1)(r) & 3(1)(s) – The requirement that insult, intimidation or caste-based abuse must occur “in any place within public view” is a necessary ingredient to constitute the offence under these provisions. 2) Indian Penal Code, 1860 – Sec 506 & Sec 34 – Criminal intimidation requires an intent to cause alarm and acts done in furtherance of common intention must be clearly established; absent these, charges are liable to be quashed.
1) Service Law – Uttar Pradesh Panchayat Raj Act, 1947 – Section 12-C – Election Petitions – The Prescribed Authority’s power to hear and decide election petitions is final; once a final order is passed, the authority becomes functus officio and cannot pass subsequent orders affecting the election result. 2) Election Law – Procedure for Recounting – An order directing recounting is interim in nature unless it conclusively decides the election petition; recounting can be ordered where specific and material irregularities affecting the election result are shown.
1) Criminal Law – Indian Penal Code, Sec 302 – Murder – A truthful and voluntary dying declaration that is found reliable can alone form the basis for conviction without the necessity of corroboration. 2) Criminal Law – Evidence – Solitary Witness Testimony – Quality of evidence, not quantity, is determinative; conviction can be sustained on unimpeachable solitary eyewitness testimony.
1) Constitutional Law – Article 215 of the Constitution of India and Contempt of Courts Act, 1971 (Sections 2(c), 12, 15, 17) – Powers of High Court to initiate criminal contempt proceedings for scandalizing or lowering the authority of the Court and discretion to accept or reject apology. This emphasizes the constitutional and statutory basis for contempt prosecution and the High Court’s exclusive authority therein. 2) Service Law – High Court of Gujarat Designation of Senior Advocate Rules, 2018 (Rule 26) – Procedure and consequences for withdrawing designation of a Senior Advocate for conduct unbecoming the dignity of the Court. This points to the distinct and separate disciplinary mechanism for Senior Advocates beyond contempt jurisdiction.
1) Criminal Procedure Code – Section 216 – Court’s power to alter or add to any charge at any time before judgment is exclusive to the court and not a right of the accused to file for alteration as a matter of right. 2) Criminal Procedure Code – Section 227 and 216 – Once the discharge application under Section 227 Cr.P.C. is rejected and charges are framed, the accused cannot seek discharge or alteration of charges under Section 216 Cr.P.C. by filing a fresh application to derail the trial unnecessarily.
1) Indian Stamp Act, 1899 and U.P. Stamp (Valuation of Property) Rules, 1997 — Rule 7(3) — Inspection Procedure — Collector or District Magistrate may inspect the property for valuation after due notice to parties, but failure to issue notice is an irregularity not amounting to illegality if no prejudice caused. 2) Stamp Duty — Market Value Assessment — The market value of property for stamp duty purposes must be determined with reference to the use to which the land is reasonably capable of being put immediately or in proximate future (Full Bench ruling in Smt. Pushpa Sareen v. State of U.P.) and surrounding area’s use is a material consideration in valuation.
1) Land Ceiling Law – U.P. Imposition of Ceiling on Land Holdings Act, 1960, Section 4-A – Mandates strict compliance for determining irrigated land on the basis of relevant khasra entries and spot verification to ensure fair deprivation of land under expropriatory legislation. 2) Land Transfers – U.P. Imposition of Ceiling on Land Holdings Act, 1960, Section 5(6)(b) – Transfers of land after 24.01.1971 are to be excepted from inclusion in tenure-holder’s holding if proved bona fide, for adequate consideration, by irrevocable instrument and not sham or benami.
1) Service Law – Article 309 of the Constitution of India – State Government’s power to frame recruitment rules supersedes recommendations/regulations framed under Central Acts (Indian Medicine Central Council Act, 1970), holding the field in case of conflict between State Rules and Central regulations. 2) Administrative Law – Participation in selection process without raising objections amounts to waiver of right to challenge the selection procedure or advertisement post result declaration as per settled Supreme Court jurisprudence.
1) Mines and Minerals – U.P. Mines and Minerals (Development and Regulation) Act, 1957 – Sec 15(3) – Royalty payable on the quantity of mineral removed – It is held that royalty is payable as per the leased quantity and scheduled installments under the lease deed and not only on mineral actually excavated or consumed, preventing lessee from evading payment by claiming inability to mine. 2) Administrative Law – U.P. Minor Minerals (Concession) Rules, 1963 – Rule 58(1) – Power to determine mining lease upon failure to pay dues – The authority must exercise this power promptly and without undue delay; failure or delay without reasonable cause to invoke such power after due notice may constitute arbitrary action violating Article 14 of the Constitution of India.
1) Service Law – Uttar Pradesh Police Regulations, Reg. 486(1), 492, 493 – These provisions mandate that departmental inquiry for police officers can only be initiated after completion of police investigation under the Code of Criminal Procedure, making departmental inquiry prior to criminal investigation or trial impermissible. 2) Criminal Law – Effect of Acquittal – An acquittal by a competent criminal court on merits is final and binds departmental authorities; no departmental proceedings can be sustained on the same allegations post-acquittal as per Regulation 493 and judicial precedents including Kedar Nath Yadav v. State of U.P.
1) Mines and Minerals (Development and Regulation) Amendment Act, 2015, Section 8A(6) – Provides for deemed extension of mining leases for minerals other than those specified in Part A and B of the First Schedule, subject to compliance with all terms and conditions of the lease. 2) Mineral Concession Rules, 1960 (and U.P. Minor Mineral Concession Rules, 1963), Rule 24A – Regulates renewal of mining leases and provides that deemed extension under sub-rule (6) applies only to first renewals, not second or subsequent renewals, emphasizing the necessity of a valid and complete renewal application.
1) Employees' Provident Fund and Miscellaneous Provisions Act, 1952 – Section 17(1)(C) and Employees' Pension Scheme, 1995 – Section 26(6) and Paragraph 11(3)/(4) – Establish that an exempted establishment like HAL remains governed by the Scheme 1995 for pension benefits despite exemption from the Provident Fund Scheme, and recognizes joint option by employer and employee for higher pension based on actual salary contribution. 2) Trust Rules of HAL – Rules 20.1, 20.2.1, 38, and 42 – Provide for employer and employee contributions with a ceiling on pensionable salary but contain provisions for amendments favoring more beneficial schemes and stipulate that in case of conflict, statutory provisions and the Scheme 1995 prevail over Trust Rules.
1) Real Estate (Regulation and Development) Act, 2016 – Section 2(zk) and Section 2(zn) define 'promoter' and 'real estate project' respectively, emphasizing that the activity must be for the purpose of selling units to qualify for regulation under the Act. 2) Transfer of Property Act, 1882 – Section 54 distinguishes between leasehold rights and sale, clarifying that leasehold interest alone does not confer the right to sell immovable property necessary to trigger the applicability of RERA.
1) Industrial Disputes Act, 1947 – Definition of "Workman" and Unlawful Termination – The nature of duties and absence of managerial powers determine workman status; termination without due process entitles employee to compensation. 2) Labour Law – Compensation for Unlawful Termination – Failure of employer to rebut claims of unemployment post-termination shifts burden, necessitating reasonable lump sum compensation related to admitted wages and period of unemployment.
1) Industrial Law – Section 3(5) of the MRTU & PULP Act, 1971 and Section 2(s) of the Industrial Disputes Act, 1947 – The test for determining "employee" or "workman" status depends on the principal and dominant nature of duties actually discharged rather than mere designation or incidental clerical functions. 2) Labour Procedure – Articles 226 and 227 of the Constitution of India – The High Court’s supervisory jurisdiction enables it to examine the legality of final orders in labour disputes and the interlocutory orders that materially influence final adjudication to ensure justice and prevent perpetuation of illegality.
1) Service Law – Contractual Appointment and Regularization – Constitutional Bench decision in Secretary, State of Karnataka vs. Umadevi & Ors. (2006) establishes that temporary or contractual employees cannot claim permanent regularization merely on continuance or length of service; regularization requires adherence to prescribed rules, sanctioned posts, and due process of recruitment. 2) Constitutional Law – Equality and Non-arbitrariness – Articles 14 and 16 of the Constitution mandate transparency and fairness in public employment; however, these do not confer a right to permanent appointment on contractual employees who do not meet prescribed criteria or who occupy non-sanctioned posts.
1) Industrial Disputes Act, 1947 - Sections 2(oo) and 25F - Mandatory compliance for retrenchment, including issuance of notice, payment of retrenchment compensation, and following prescribed procedure is essential to validate termination of service of a workman. 2) Labour Law - Abandonment of Service - Burden lies on the employer to prove on a preponderance of evidence the employee’s intention to relinquish employment; mere absence is insufficient without clear evidence indicating intention to abandon.
1) Industrial Disputes Act, 1947 – Section 25F – Protection against illegal termination – Continuous service exceeding 240 days invokes mandatory compliance with retrenchment procedures and safeguards. 2) Labour Law – Interim Orders – Binding nature of interim judicial orders – An operative interim order must be strictly complied with, and breach of such an order without lawful justification renders termination illegal irrespective of subsequent disposal of main proceedings.
1) Tenancy Law – Creation of Tenancy – Exclusive possession and payment of rent are key factors to establish tenancy even in absence of written agreement, but such possession must be exclusive and the premises must be capable of being let out under tenancy law. 2) Cooperative Housing Societies – Rights in Common Areas – Cooperative Housing Societies cannot create tenancy rights in respect of common amenity spaces used by all members; such spaces are not capable of forming tenancy premises under tenancy laws.
1) Evidence – Indian Evidence Act, Section 27 & 65B – Discovery of concealed articles based on information from the accused is admissible and corroborates prosecution’s case; electronic evidence certified under Section 65B is admissible in the absence of material to suggest tampering or manipulation. 2) Criminal Law – Indian Penal Code, Sections 302 and 452 – Conviction can be sustained on the basis of consistent circumstantial evidence including corroborated dying declaration, recoveries, and CCTV footage despite minor discrepancies or delays in recording statements.
1) Maharashtra Protection of Interest of Depositors (MPID) Act, 1999 – Sections 4, 5, 7, and 11 – Attachments, valuation and sale of attached properties – The Competent Authority must ensure proper valuation, wide publicity, and fair auction to safeguard interests of investors and uphold statutory mandate. 2) Auction Law – Principles of Public Auction and Valuation – Auction must be conducted in a transparent, bona fide, and fair manner with adequate public notice; undervaluation and misclassification violate these principles and vitiate the auction sale.
1) SARFAESI Act, 2002 – Section 13(2), 13(4), and Section 34 – Provides the procedure for secured creditors to take possession and sell mortgaged properties to recover dues without intervention of courts in the absence of legal impediments. 2) Maharashtra Protection of Interest of Depositors (MPID) Act, 1999 – Section 7(3) and 7(5) – Governs provisional attachment of properties in investigation of depositors’ interests, and provides for objections against such attachment which must be considered without ignoring secured creditor rights under other statutes.
1) Criminal Procedure Code – Section 340 – Investigation and trial of offences for offences against public justice, including perjury and fraud upon the Court – Filing false affidavits in disposed petitions can constitute a criminal offence attracting proceedings under this section. 2) Civil Procedure – Filing and procedure – An affidavit filed in a disposed petition without the Court's permission and with intent to mislead the Court violates procedural safeguards and undermines the integrity of judicial records.
1) Maharashtra Rent Control Act, 1999 — Section 16(1)(c) — Eviction Grounds — Tenant causing nuisance or annoyance to adjoining or neighboring occupier amounts to valid ground for eviction — importance lies in protecting landlord’s right to peaceful occupation and enjoyment of property. 2) Rent Law — Bonafide Requirement — Requirement of landlord or his family members to recover possession must be genuine and demonstrated throughout proceedings — demonstration of alternative premises and conduct negating actual need is relevant.
1) Criminal Procedure – Section 227 Cr.P.C. – The Court while considering discharge application must determine whether a prima facie case or strong suspicion exists against the accused based on material on record without going into the probative value of evidence. 2) Maharashtra Protection of Interest of Depositors (MPID) Act, 1999 – Section 3 – The Act penalizes fraudulent activities concerning deposits collected by financial establishments and vicarious liability can be imposed on persons who induce deposits and benefit from them.
1) Arbitration & Conciliation Act, 1996, Section 34 – Jurisdiction of courts to set aside arbitral awards depends on constitution of Commercial Courts and pecuniary threshold notifications. 2) Limitation Act, 1963, Article 18 – Period of limitation for claims for price of work done runs from the date work is done, but deemed to commence from the date of final bill or rejection of payment claim.
1) Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999 – Section 4 – Powers of Investigation Officer to attach property – The Act does not empower the Investigating Officer to unilaterally freeze or attach immovable property by directing Sub Registrar or land revenue authorities without due process or statutory mandate. 2) Constitutional Law – Article 300A of the Constitution of India – Protection against deprivation of property without due process – Attachment of property impacting rights must comply with principles of natural justice including notice and hearing.
1) Land Acquisition Act, 1894 – Section 23(1A) & 23(2) – Principles for determining and enhancing compensation for acquired land and trees including solatium and interest – Compensation must reflect true market value and potentiality of land and assets. 2) Evidence Law – Valuation of Trees and Plantations – Expert evidence on horticulture and market rates is admissible for award of compensation and must be given due weightage to ensure just compensation.
1) Motor Vehicles Act, 1988 – Section 163A – No-fault liability scheme for compensation to third parties involved in motor vehicle accidents – Claim petition under this section does not require proof of negligence of the owner/driver and protects third-party interests even if insurance policy transfer formalities are incomplete. 2) Motor Vehicles Act, 1988 – Section 103A and Section 157 – Protection of third-party rights upon transfer of vehicle ownership and deemed transfer of insurance policy – Legal position that third-party interest remains unaffected despite non-intimation of insurance policy transfer.