1) Constitutional Law – Article 16 and Scheduled Caste Reservation – Reservation in employment and education against reserved posts in aided educational institutions must be honored in accordance with statutory provisions and applicable government resolutions.
2) Service Law – Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977, Section 9 – Provides for appeal against decisions of Grievance Committees and recognition of service rights of appointed teachers in private aided schools.

1) Motor Vehicles Act, 1988 – Section 166 – Compensation – Principles for grant of compensation for death by accident including heads such as loss of consortium, loss of estate, and funeral expenses as established in Supreme Court judgments.
2) Compensation – Quantum enhancement – Application of applicable multiplier and deduction for contributory negligence as per the standard legal principles and precedents.

1) Motor Vehicles Act, 1988 – Section 173 – Appeals against awards passed by Claims Tribunal – The Tribunal’s discretion to enhance compensation on appeal when the original award is found inadequate considering the nature of injury and medical evidence.
2) Motor Vehicles Act, 1988 – Section 163A – No-fault liability and pay-and-recover principle – Appropriate in cases of motor accident claims and its applicability based on facts of the case.

1) Motor Vehicles Act, 1988 – Section 166 and Section 173 – Provides for award and enhancement of compensation in motor accident claims upon proof of negligence and loss, including guidelines for assessing income and future prospects of the deceased.
2) Compensation – Determination of Annual Income – Income Tax Returns are valid statutory documents to establish deceased's income and must be considered alongside evidence; applicable deductions such as personal living expenses and addition for future prospects should be correctly applied as per Supreme Court precedents (e.g., National Insurance Co. Ltd. Vs. Pranay Sethi).

1) Service Law – Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 – Rules 36 and 37 prescribe the procedure for conducting inquiry before termination, emphasizing substantial compliance and requirement of showing prejudice in case of procedural deviations.
2) Administrative Law – Principles of natural justice – Non-compliance with procedural rules in domestic inquiries warrants setting aside the order only if it causes prejudice to the employee, and mere procedural irregularity without prejudice is insufficient to quash disciplinary action.

1) Criminal Procedure Code – Section 313 – Provides for recording the statement of accused after the close of prosecution evidence, indicating advanced trial stage and limiting bail discretion.
2) Bail – Principles of Bail at advanced trial stage – Bail ordinarily to be refused when trial is near conclusion unless exceptional circumstances like undue delay or violation of speedy trial rights exist.

1) Negotiable Instruments Act, 1881 – Section 138 – Provides for punishment for dishonour of cheque for insufficiency of funds and allows compounding of the offence upon payment of full compensation and with complainant’s consent.
2) Criminal Procedure – Compounding of offences – Consent of the complainant and full satisfaction of the compensation awarded are essential prerequisites for compounding offences under Section 138 of the NI Act as per the Supreme Court’s precedent in Sanjabij Tari v. Kishore S. Borcar.

1) A petition for quashing of charge sheet and proceedings is not maintainable if the order framing charge has not been challenged by the petitioner.

1) The court may invoke its inherent jurisdiction under Section 528 of the Bharatiya Nyay Samhita, 2023 to quash criminal proceedings if the allegations, even if taken at face value, do not disclose any offence or continuation amounts to abuse of process.

1) Grant of regular bail under NDPS Act based on parity with co-accused and absence of criminal antecedents.

1) The power to condone delay under Section 5 of the Limitation Act must be exercised judiciously and the explanation for delay must demonstrate sufficient cause, excluding negligence, inaction or lack of bona fides.

1) A petitioner may withdraw a petition with liberty to file an appropriate application at a later stage.

1) Motor Vehicles Act, 1988 – Section 149 – Insurance Liability – The principle of ‘pay and recover’ applies when the driver breaches the condition of having a valid driving licence, protecting the third party’s right to compensation.
2) Motor Vehicles Act, 1988 – Claims Tribunal Procedure – Discrepancies in vehicle registration numbers in FIR versus charge-sheet do not vitiate the claim if the correct offending vehicle is ultimately identified and involved in the accident.

1) Criminal Procedure – Section 483 of Bhartiya Nagarik Suraksha Sanhita, 2023 and Section 439 of Cr.P.C. – Bail grant – Bail is discretionary and depends on offense gravity, role of accused, likelihood of absconding or tampering, and hardship caused by incarceration.
2) Bail Jurisprudence – Supreme Court guidelines (XYZ v. State of M.P., (2021) 16 SCC 179) – Requirement to notify complainant upon bail grant – Ensures transparency and safeguards prosecution interests.

1) Criminal Procedure Code, Section 483 – Bail – Bail can be granted subject to stringent conditions and assurance of attendance, especially when the accused has multiple pending offences and prior bail cancellations.
2) Indian Penal Code, Sections 399 and 402 – Dacoity and related offences – The gravity of the offence and conduct of the accused after release are critical factors in bail consideration.

1) Criminal Procedure – Section 483 of Bhartiya Nagarik Suraksha Sanhita, 2023 (Cr.P.C.) – Bail – Court’s discretion to grant bail considering factors such as nature of offence, period of detention, and likelihood of absconding or tampering with evidence.
2) Criminal Jurisprudence – Bail Conditions – Courts may impose stringent conditions such as monthly reporting to police to ensure attendance and prevent flight risk while granting bail.

1) Criminal Law – Bharatiya Nagarik Suraksha Sanhita, 2023 & Cr.P.C. Section 439 – Bail – Bail can be granted when the accused is not likely to abscond or tamper with evidence and the trial is expected to be lengthy, subject to the nature of the offence.
2) Criminal Procedure – Consent and Age – Consensual relation between two consenting adults, where the prosecutrix is a major, may impact the consideration for bail, especially when allegations involve false promises and prolonged relationships.

1) Criminal Law – Bail – Section 483 of Bhartiya Nagarik Suraksha Sanhita, 2023 (analogous to Section 439 Cr.P.C.) – Bail may be granted on stringent conditions especially when the accused has prior criminal antecedents to ensure presence during trial.
2) Criminal Procedure – Bail Conditions – Courts can impose conditions such as regular appearance before designated police officers to prevent absconding or tampering with evidence.

1) Essential Commodities Act, 1955 – Section 3 and Section 7 – Penal consequences under Section 7 arise only from the contravention of subsisting orders issued under Section 3; absence or rescission of such orders renders prosecution unsustainable.
2) Statutory Delegation and Control – Cement Control Order, 1967 and Maharashtra Cement (Licensing and Control) Order, 1973 – Withdrawal or amendment of these orders and delegation of powers rescinded by Central Government notifications (S.O.168 dated 01.03.1989 and S.O.624 dated 07.08.1990) effectively decontrol cement, negating statutory basis for offences under E.C. Act post such dates.

1) Service Law – Regularization – The doctrine in Secretary, State of Karnataka v. Umadevi (3) (2006) mandates continuous service of ten years as of 10.04.2006 for regularizing casual employees, but continuous, perennial work and absence of mala fide factors can justify regularization despite initial irregular appointments.
2) Service Law – Discrimination and Parity – Where similarly situated casual or daily-wage employees have been regularized, others similarly placed cannot be discriminated against; equality and fairness demand extending the same relief under Articles 14 and 16 of the Constitution.

1) Service Law – Sports Associations – Applicability of judicial directions – The directions in S. Nithya mandating governance reforms including composition criteria apply to athletic associations but are not binding on cricket associations governed by the BCCI Constitution precedent.
2) Constitutional Law – Article 19(1)(c) – Right to Association – The right of cricket associations under Article 19(1)(c) protects their composition and internal governance, which cannot be overridden by directions in judgments such as S. Nithya that conflict with BCCI’s constitutional scheme.

1) Service Law – Kerala Education Rules, Chapter XXXII – Rule 6(2)(24)(iii) – Interpretation of statutory qualifications for Higher Secondary School Teachers requiring pass in SET examination in the concerned subject to ensure subject competence.
2) Service Law – Kerala Education Rules, Chapter XXXII – Rule 10(4) – Exemption from mandatory SET qualification only granted to teachers with ten years of approved High School teaching service regardless of subject.

1) Criminal Law – Code of Criminal Procedure, 1973, Section 438 – Anticipatory Bail – The power to grant anticipatory bail requires judicious, cautious, and strict exercise of discretion considering factors like prima facie evidence, nature and gravity of accusation, risk of absconding, witness tampering, and impact on justice.
2) Criminal Law – Code of Criminal Procedure, 1973, Section 82 and 83 – Proclamation for Absconding Accused – An absconding accused generally is not entitled to anticipatory bail unless the court is prima facie satisfied that the accusation is false or exaggerated; mere non-appearance does not confer such right.

1) Constitutional Law – Doctrine of Public Trust & Natural Resources – Spectrum is a finite natural resource owned by the people of India, held by the Union of India in trust; thus, spectrum rights granted to TSPs are limited, conditional privileges, not transfers of ownership.
2) Insolvency Law – Insolvency and Bankruptcy Code, 2016 – Sections 18 and 36(4)(a)(iv) exclude from “assets” those resources not owned by the corporate debtor but mere rights of use; therefore, spectrum, whose ownership remains with the State, cannot be treated as an asset of the corporate debtor under IBC.

1) Workplace transfers made as administrative decisions do not amount to violation of fundamental or statutory employment rights absent clear evidence of mala fide intent or infringement of dignity.

1) Trial courts must not close prosecution evidence without allowing the prosecution a reasonable opportunity to examine all its witnesses, except where the prosecution fails to comply with court directions or is otherwise disinterested.

1) Maharashtra Ownership of Flats Act, 1963 – Section 11(3) – The deemed conveyance order transfers the promoter's existing right, title, and interest to the society and does not conclusively adjudicate proprietary rights or title disputes.
2) Civil Procedure – Jurisdiction of Civil Courts vs Writ Jurisdiction – Disputes relating to title, extent of land, demarcation, and development rights fall within the domain of civil courts requiring full evidence, whereas writ courts do not conduct fact-finding or trial-like proceedings.

1) Civil Procedure Code – Section 11 – Res Judicata – The principle of res judicata applies only where the matter has been directly and substantially in issue in a former suit between the same parties and has been heard and finally decided, thereby barring subsequent proceedings on the same cause.
2) Civil Procedure Code – Section 11 – Res Judicata – The bar of res judicata does not apply if the prior suit’s judgment is under appeal and has not attained finality, as finality is a prerequisite for this doctrine to operate.

1) Motor Vehicles Act, 1988 – Section 166 – Claims Tribunal’s power to assess evidence on preponderance of probabilities and award compensation in motor accident claims.
2) Evidence – Credibility of witness statements – Delayed FIRs or statements do not necessarily negate the involvement of a vehicle if supported by credible evidence and subsequent investigation.

1) Motor Vehicles Act, 1988 – Section 166 – Compensation for death due to motor vehicle accident – Principles for computation of compensation including application of multiplier, future prospects, and deductions.
2) Motor Accident Claims – Principles derived from judicial precedents including Preetha Krishnan v. United India Insurance Co. Ltd. and National Insurance Co. Ltd. v. Pranay Sethi – Prohibition on split multiplier and allowance of future prospects even above age 50 in exceptional circumstances.

1) Motor Vehicles Act, 1988 – Section 166 – Compensation claims – Future prospects for self-employed persons below 40 years should be considered at 40% addition to established income, as per Supreme Court’s ruling in National Insurance Co. Ltd. v. Pranay Sethi.
2) Motor Vehicles Act, 1988 – Section 149 – Pay and Recover mechanism – Tribunal has the authority to direct insurers to pay compensation initially and recover the amount from the vehicle owner later, ensuring victims are promptly compensated.

1) Maharashtra Land Revenue Code, 1966 — Section 143(4) & (5) — Provides mutually exclusive remedies of filing a civil suit against the Tahsildar’s order within one year or preferring an appeal and revision under the Code; Election of remedy doctrine applies whereby once one remedy is chosen, the other becomes barred.
2) Limitation Law — Section 29 of the Limitation Act, 1963 — A special statute’s prescribed limitation period prevails over the general law of limitation; hence limitation under Section 143(4) of the Code governs suits challenging Tahsildar’s order, not the Limitation Act’s general provisions.

1) Prevention of Corruption Act, Sections 7, 13(1)(d), 13(2) – Demand and acceptance of bribe – Valid sanction for prosecution is mandatory and requires application of mind by sanctioning authority; absence or defective sanction renders proceedings void ab initio.
2) Criminal Procedure – Sanction for prosecution – Sanctioning authority must be aware of facts constituting offence and must apply mind to the papers before granting sanction; mere mechanical sanction is invalid (Mohd. Iqbal Ahmed v. State of Andhra Pradesh, AIR 1979 SC 677).

1) Motor Vehicles Act, 1988 – Section 166 – Liability to pay compensation for death caused by motor vehicular accident due to negligence of the offending driver.
2) Negligence – Contributory negligence principles – Assessment of negligence on facts and evidence, including whether fault is shared between parties involved in an accident.

1) Hindu Marriage Act, 1955, Sections 13(1)(ia) and 13(1)(ib) – Grounds of divorce on cruelty and desertion – The burden of proof on cruelty and desertion, including the relevance of continuous separation and failed reconciliation attempts.
2) Evidence Law – Appreciation of evidence – Credibility and admissibility of oral evidence beyond pleadings and evaluation of interested witnesses against evidentiary standards.

1) Trust Deed - Clause 4 & Rule 41(f) of Khar Gymkhana Rules empower the General Body to remove Trustees by a resolution passed by a three-fourths majority at a General Body Meeting. This is the principal provision for removal of Trustees and supersedes other clauses for removal purposes.
2) Trust Deed - Clause 7 read with Rule 43 prescribes the procedure for filling vacancies among Trustees by the surviving Trustees only if their number falls below three; removal of Trustees is expressly excluded in this provision, and appointment of new Trustees at an Annual General Meeting without following special meeting procedures is impermissible unless no vacuum results post removal under Clause
4)

1) Industrial Disputes Act, 1947 – Section 9-A and Fourth Schedule, Item 8 – Mandates prior notice of change to be given by employer before effecting any alteration in conditions of service, including withdrawal of customary concessions or privileges.
2) Industrial Disputes Act, 1947 – Fourth Schedule, Items 5, 8 and 9 – Regulate introduction or alteration of rules and withdrawal of customary concessions; non-compliance with these statutory requirements may constitute unfair labour practice under the MRTU and PULP Act, 1971.

1) Grant of interim injunction in trademark infringement and passing off suits requires prima facie case, balance of convenience, and irreparable injury to be made out by the plaintiff.

1) Concurrent findings of fact by Trial and Appellate Courts on property disputes cannot be interfered with in a Second Appeal under Section 100 of the Code of Civil Procedure unless such findings are perverse, illegal, or a substantial question of law arises.

1) Concurrent findings of fact by trial and first appellate courts cannot be interfered with in a second appeal under Section 100 CPC unless shown to be perverse or based on no evidence.

1) A recovery order or direction must be preceded by personal notice to the concerned person before it can be enforced or challenged.

1) Forest Law – Reserved Forests – Doctrine of Unauthorized Occupation and Encroachment – Under the policy outlined by the Supreme Court, eviction of unauthorized occupants must follow due process including issuance of notice, opportunity to produce evidence, passing of speaking orders, and a reasonable period before eviction (Supreme Court judgment in Abdul Khalek & Others v. State of Assam).
2) Administrative Law – Principles of Natural Justice – Status quo must be maintained regarding possession of land pending consideration and decision by the constituted committee in accordance with directions of the Supreme Court, ensuring procedural fairness under constitutional due process.

1) Public Procurement – Assam Public Procurement Act, 2017 & Rules, 2020 – Clause 5, Sub-Clause H(i) and H(ii) of the Bidding Document governing Product Debarment and Firm Debarment – Product Debarment through cancellation of Rate Contract for an item is a prerequisite for Firm Debarment.
2) Administrative Law – Principles of Natural Justice – Requirement of valid, particularized, and unambiguous show cause notice before debarment – Ensures fairness and prevents arbitrary blacklisting affecting business prospects.

1) Taxation Law – CGST/AGST Act, 2017, Section 73(1), (2), (9), and (10) – Requires the proper officer to issue a Show Cause Notice at least three months prior to the last date for passing order under subsection (9), which is within three years from the due date of furnishing the annual return. This provision ensures procedural fairness by mandating adequate time for the notice and response before order issuance.
2) Interpretation of Statutes – General Clauses Act, 1897, Section 3(35) and Section 9 – Defines ‘month’ as a calendar month and mandates exclusion of the first day in computing time periods. The corresponding date rule (as explained in Dodds v. Walker) applies for statutory time computation, clarifying how limitation periods are calculated when months of varying lengths are involved.

1) Land Law – Assam Land and Revenue Regulation, 1886 – Settlement Rules, Rule 18(1) and Rule 18(3)(a) – These rules mandate issuance of proper notices before undertaking demarcation or eviction, ensuring due process and opportunity to be heard for the affected parties.
2) Tribal Land Tenure – Karbi Anglong District (Transfer of Land) Act, 1959, Regulation 5 – Grants authority to the Karbi Anglong Autonomous Council to evict unauthorized occupants of tribal land, subject to due procedure and consideration of rightful claims.

1) Service Law – CRPF Rules, 1955, Rule 27(c) – Mandates precise written charges given at least 48 hours before inquiry, recording of plea of "guilty" or "not guilty" at commencement, evidence recording in presence of accused, and opportunity for cross-examination and defense submission.
2) Administrative Law – Departmental Inquiry – Non-compliance with mandatory procedural safeguards such as recording plea, allowing written defense statement, and appointing presenting officer vitiates the enquiry and the penalty imposed.

1) Forest Law – Reserved Forest – Removal of Unauthorized Occupation – Procedure as per Supreme Court judgment in Abdul Khalek and Others v. State of Assam (2026) requiring issuance of notice, opportunity of hearing, scrutiny of evidence, and issuance of speaking order before eviction.
2) Constitutional Law – Article 21 – Right to Fair Procedure and Due Process – Status quo to be maintained on possession till expiry of notice period and speaking order in cases of disputed forest land occupation.

1) Forest Rights and Eviction – Legal procedure for eviction from reserved forest land requires issuance of a speaking order giving reasonable opportunity to show right of occupancy, and adherence to due process as per Supreme Court directions in Abdul Khalek & Others v. State of Assam.
2) Constitutional Law – Principles of fairness, reasonableness, and due process in eviction proceedings from forest land; directives of the Supreme Court have binding force on State authorities regarding removal of unauthorized occupation.

1) Indian Penal Code, Section 302/34 and Section 323/34 – The Court’s discretion to convict under a lesser offence than originally charged if the evidence does not support the higher charge.
2) Evidence – Identification and corroboration of assault causing injuries – The sufficiency and reliability of witness testimony alongside medical evidence in establishing the nature and cause of injury.

1) Criminal Law – Indian Penal Code, Sections 279 and 304A – Rash and Negligent Driving Causing Death – Proof required to establish rashness and negligence in driving as proximate cause of death is based on eyewitness testimony and corroborative evidence.
2) Criminal Procedure – Revision Jurisdiction – Revisional court does not re-appreciate evidence unless there is a glaring error or perversity in findings of fact by trial and appellate courts.

1) Indian Penal Code – Sections 302/323/34 – Distinction between murder and voluntarily causing hurt – The court can convict for a lesser offence than charged if evidence does not establish the higher offence beyond reasonable doubt.
2) Evidence – Identification and delay in FIR – Identification of accused in dim light by a known witness and reasonable explanation for delay in lodging FIR does not undermine credibility of prosecution’s case.

1) Forest Law – Reserved Forests – Unauthorized Occupation – Procedural Safeguards – Supreme Court directives require constitution of a committee, issuance of notices, opportunity of hearing, speaking orders, and a 15-day notice period before eviction – Ensures fairness and due process in removal of encroachments.
2) Constitutional Law – Right to Property & Due Process – Status Quo – Courts may direct status quo to be maintained in occupation disputes pending final decision by competent authority – Protects interim possession rights of occupants.

1) Criminal Procedure – BNSS, 2023, Section 482 – Powers of High Court – Allows interference for grant of anticipatory bail to prevent unnecessary arrest and custodial interrogation when investigation can proceed without custody.
2) Indian Penal Code – Sections 120(B), 489A, 489B, 489C – Offences relating to criminal conspiracy and counterfeit currency – Bail considerations include involvement, recovery, and evidence against the accused.

1) Criminal Procedure – Section 482 BNSS, 2023 – Discretionary Power of Court – Section 482 confers inherent powers on the Court to grant pre-arrest bail to prevent misuse of process of law when custody is not necessary for investigation.
2) Criminal Procedure – Pre-Arrest Bail – Investigation and Custodial Interrogation – Cooperation with investigation and absence of necessity for custodial interrogation are relevant factors in granting pre-arrest bail under inherent powers of the Court.

1) Criminal Procedure – Section 482 of BNSS Act, 2023 – Powers of High Court to pass orders to prevent abuse of process of law and to secure ends of justice, including grant of anticipatory bail.
2) Criminal Law – Sections 120B/420/406/409/468/471 IPC read with Sections 13(1)(a)/13(2) and Section 12 of the Prevention of Corruption Act, 1988 – Consideration of incriminating materials and cooperation during investigation as basis for bail decisions.

1) Criminal Procedure – Section 256 Cr.P.C. empowers a Magistrate to acquit an accused if the complainant fails to appear in a summons case but is discretionary and not mandatory.
2) Constitutional Law – Right to Speedy Trial under Article 21 – The fixing of rigid time limits for closing prosecution evidence as held in Raj Deo Sharma was overruled by the Constitution Bench in P. Ramachandra Rao, holding that no mandatory limitation can be judicially imposed for completion of prosecution evidence or trial.

1) A Magistrate is mandated under Section 223 of the BNSS to provide the accused an opportunity of being heard before taking cognizance of an offence on a complaint.

1) Indian Penal Code, Section 302 – Homicide – Conviction based on circumstantial evidence requires a complete, cogent, and unbroken chain of circumstances that inexorably points to the accused’s guilt.
2) Indian Evidence Act – Extra Judicial Confession – An extra judicial confession is a weak piece of evidence that must inspire confidence and be corroborated by other prosecution evidence to sustain conviction.

1) Criminal Procedure Code, Section 378(4) – Appeals by the State against acquittal in cases instituted on private complaints by Forest Officers must be filed before the High Court and not before the regular Appellate Court.
2) Wild Animal Protection Act, 1972 – Jurisdiction of appellate authorities in appeals arising under this Act is governed by procedural provisions under the Code of Criminal Procedure as applicable.

1) Hindu Marriage Act, 1955 - Section 13(1)(ia) – Grounds for divorce – mental cruelty must be assessed based on its effect on the aggrieved spouse rather than an ordinary reasonable person, emphasizing subjective impact in matrimonial disputes.
2) Indian Penal Code – Sections 498-A, 323, 506 – Dowry Prohibition Act – The presence of cross-allegations between spouses and family members can demonstrate the breakdown of matrimonial relations and may amount to cruelty justifying divorce.

1) Criminal Procedure Code – Section 372 (Proviso) – Empowers a victim of an offence to file an appeal against an order of acquittal without requiring special leave from the High Court, broadening the scope of appellate remedy for victims.
2) Negotiable Instruments Act, 1881 – Section 138 – Being a penal provision, the accused in dishonour of cheque cases can be challenged through appeal by the victim under Cr.P.C. provisions, recognizing the complainant as a victim entitled to appeal rights.

1) Banking Ombudsman Scheme, 2002 - Clause 17(1) & 17(3) - Prescribes limitation period of one month for preferring review applications along with requirement of approval from the Chairman or Managing Director and issuance of notice to the opposite party; failure to comply renders review invalid.
2) Negotiable Instruments Act, 1881 - Sec. 77 vs. Sec. 31 - Section 77 imposes liability on a banker for negligently dealing with bills causing loss to the holder, while Section 31 imposes liability on a drawee to compensate only the drawer for cheque dishonour; liability to payee under Section 77 applies in cheque dishonour cases caused by negligent handling by the bank.

1) Service Law – Armed Forces Pension Regulations and Doctrine of Judgment in Rem – Disability pension, including broad banding, once judicially recognized, is a vested, recurring right and forms property under Article 300A, not subject to limitation or curtailment beyond judicially fixed dates.
2) Limitation Law – Limitation Act, 1963 and Section 22 of Armed Forces Tribunal Act, 2007 – Claims for arrears of disability pension cannot be barred or curtailed by the Limitation Act or tribunal’s statutory time bar provisions once entitlement is crystallized by Supreme Court's judgment.

1) Arbitration and Conciliation Act, 1996 – Section 36 – An arbitral award is enforceable as a decree of the court and execution proceedings can attach and sell the judgment debtor’s property for recovery.
2) Civil Procedure Code, 1908 – Order XXI Rule 102 – Protection against alienations pendente lite does not apply to transferees who purchase properties from judgment debtors after institution of the suit/arbitral proceedings, barring them from resisting execution.

1) Insolvency Law – Section 7, Insolvency and Bankruptcy Code, 2016 – prescribes that an application for initiating Corporate Insolvency Resolution Process (CIRP) by a financial creditor must be in the prescribed Form 1, disclosing particulars including financial debt, default, and the date of default to enable the Adjudicating Authority to discard frivolous applications and ascertain the existence of default.
2) Limitation Law – Section 18, Limitation Act, 1963 – provides that acknowledgment in writing of debt signed by the debtor before expiry of limitation period resets the limitation clock, thus extending the period within which a suit or application can be filed; applicable to Section 7 applications under Section 238-A of the Insolvency and Bankruptcy Code.

1) Under the NDPS Act, 1985, conscious possession of illicit drugs can be presumed from recovery in the accused’s immediate possession, shifting burden on accused to prove lack of knowledge or intent.

1) Civil Procedure Code, Order XXIII, Rule 3A – Bars filing of independent suit to set aside a compromise decree by a party who was a party to the original suit or whose rights are subject to that suit, emphasizing that such challenges must be made before the same court that passed the decree.
2) Civil Procedure Code, Section 96(1) and Order XXIII – Provides that a party not bound by the compromise decree (i.e., a stranger) may challenge the decree by filing an appeal with leave or a review petition before the court that passed the decree, but the Code does not expressly prohibit an independent suit by a stranger challenging fraud in a compromise decree.

1) Prevention of Corruption Act, 1988 – Sections 7, 13(1)(d) and 13(2) – Demand and acceptance of bribe are essential elements to constitute offence under these provisions and must be proved beyond reasonable doubt for conviction.
2) Evidence Law – Witness Credibility and Memory Refreshment – A witness may refresh memory from contemporaneous documents but only in court, and not secretly before giving testimony, to maintain reliability of the evidence (Sharad Namdeorao Shirbhate vs. State of Maharashtra).

1) Indian Penal Code, Sec 498-A (Cruelty) – Cruelty must be continuous or persistent and proximate to the complaint with willful conduct aimed at coercion or harassment for unlawful demand, as clarified in Manju Ram Kalita v. State of Assam.
2) Indian Penal Code, Sec 306 & 304-B (Abetment of Suicide & Dowry Death) – To attract Section 306, prosecution must prove abetment or instigation with temporal proximity; for Section 304-B, cruelty linked closely in time to dowry demand and the victim’s death is essential, supported by the principle of proximate live link as held in multiple Apex Court decisions.

1) Property Law – Restrictive Covenants – A restrictive covenant that runs with the land binds the successors-in-title and is enforceable by the covenantee or its assignees, even without an express assignment in each deed, if it benefits the dominant land (Doctrine of Covenants Running with the Land).
2) Limitation Act, 1963 – Article 58 – The cause of action for enforcement of a restrictive covenant accrues only when there is an unequivocal threat or infringement of the right, not from the mere existence of the covenant.

1) Property Law – Maharashtra Ownership of Flats Act, 1960, Section 4 and Section 11 – Requirement of registered Agreement for Sale between Promoter and flat purchaser and necessary acquisition of Conveyance Deed for deemed conveyance applications – The law mandates precise statutory compliance including building plan approval, commencement certificate, and proper conveyance documentation to grant deemed conveyance certificates.
2) Property Law – Doctrine of Dual Ownership – Ownership of land and ownership of structure constructed thereon can vest in different persons – The leaseholder who constructs a structure on leased land owns the structure separately from the landowner, which affects rights and entitlement to conveyance under MOFA.

1) Grant of bail under the BNS Act depends on consideration of the nature of offence, evidence on record, victim’s stand, and likelihood of trial conclusion.

1) The prosecution must establish the chain of sale and distribution of substandard drugs through cogent, admissible evidence and cannot rely solely on analyst reports without ensuring procedural safeguards like re-analysis opportunity under the Drugs and Cosmetics Act.

1) Bail may be granted considering the stage of trial, nature of offence, criminal antecedents, and potential for abuse of liberty under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

1) Prosecution must prove exclusive possession of seized contraband and properly maintain the chain of custody, including sealing of the seized property, to establish guilt beyond reasonable doubt in excise law offenses.

1) Service Law – Assam Panchayat Act, 1994, Section 140(1) and Assam Panchayat (Administrative) Rules, 2012 – Govern recruitment and bar promotional avenues from Grade-IV to Grade-III posts within P&RD Department after absorption of DRDA employees, requiring direct recruitment by State Level Recruitment Commissions.
2) Service Law – Absorption of DRDA employees into P&RD Department – Transitional provisions stipulate that absorbed employees’ service conditions are governed by Assam Panchayat Act and Rules, not earlier DRDA or Assam Ministerial Establishment Rules.

1) Criminal Procedure Code – Section 438 – Anticipatory Bail – The court must balance the accused’s right to liberty with the need for effective investigation and public interest in cases of economic offense.
2) Prevention of Corruption Act, 1988 – Sections 7, 9, 10, 12 – Economic offenses involving public servants and bribery require careful judicial scrutiny regarding bail due to the nature and gravity of the offense.

1) Administrative Law – Principles of Natural Justice – Audi Alteram Partem – Application to Bill Verification Committees – A bill verification committee conducting verification that adversely affects a claimant’s financial claim must provide the claimant a fair opportunity to be heard and submit evidence before rejecting or reducing claims.
2) Civil Procedure – Order VIII Rule 3 and Order XII Rule 6 of CPC – Admissions in Pleadings – Failure to specifically deny factual allegations by a party amounts to deemed admissions and entitles the opposing party to relief based on such admitted facts.

1) The subjective satisfaction of the detaining authority in a preventive detention order must be based on rationally probative material and the right of a detenu to make representations under Article 22(5) of the Constitution includes the right to make effective representations without fixed time limitations.

1) Writ petitions can be disposed of on withdrawal with liberty to the petitioner to seek appropriate relief through representation for appointment consideration in accordance with law.

1) A writ petitioner who acquires the necessary qualifications during the pendency of the petition can withdraw the petition with liberty to file an appropriate representation for consideration.

1) An order rejecting discharge of an accused cannot be challenged under Section 528 BNSS; the proper remedy is by filing a Revision Application.

1) Delay in filing an appeal can be condoned if sufficient cause, such as ignorance of legal rights, is demonstrated.

1) The mandate of possessing a PhD qualification for promotion under AICTE CAS regulations is prospective and does not apply retrospectively to incumbents appointed before 05.03.2010.

1) A writ petition can be amended to include subsequent developments or facts relevant to the matter in controversy with the consent or no objection of the opposing parties.

1) Workmen Compensation Act, 1923 – Liability for Compensation – Employer’s liability arises when an employee suffers injury or death arising out of and in the course of employment.
2) Motor Vehicles Act, 1988 – Section 147 – Insurance liability under Motor Vehicles Act applies where there is nexus between incident and the insured vehicle, and such nexus influences liability towards compensation claims.

1) Motor Vehicles Act, 1988 – Section relating to liability of owner for compensation on rash and negligent driving of vehicle – establishing liability of State in accident involving government vehicle driven negligently.
2) Compensation – Determination of loss of dependency – Income of deceased not established by cogent evidence shall be assessed on the basis of minimum wages as per Minimum Wages Act, 1948, along with addition of future prospects as per settled Supreme Court jurisprudence (e.g., National Insurance Co. Ltd. v. Pranay Sethi).

1) Criminal Procedure Code, Section 482 – Inherent powers of High Court include quashing criminal proceedings even in non-compoundable offences if the ends of justice so require and the dispute is amicably settled by parties.
2) Criminal Procedure Code, Section 320 – Distinction between compounding of offences and quashing of criminal proceedings; quashing under Section 482 is independent of compounding provisions under Section 320.

1) Criminal Procedure - Section 482 Cr.P.C. - Inherent jurisdiction can be exercised to quash FIR/ proceedings where allegations, even if taken at face value, do not disclose any prima facie offence or cause abuse of process of court.
2) Indian Penal Code - Section 364 - Offence requires kidnapping or abduction with intention to murder or put the person in danger of death; absence of such intention negates the offence.

1) Constitutional Law – Article 21 – Right to Life and Liberty includes the right of adults to choose their partner and live in a live-in relationship without fear of harm from family members or others.
2) Criminal Law – Protection from private threats – The State has a duty to protect individuals in live-in relationships from threats or violence even if their relationship is not formally recognized by marriage.

1) Criminal Procedure Code – Section 483 BNSS – Bail – Courts must consider the role of the accused, duration of custody, stage of trial, and likelihood of trial delay before granting bail, balancing rights under Article 21.
2) Criminal Law – Bail Conditions – Courts can impose specific conditions to prevent tampering with evidence, intimidating witnesses, and ensure appearance at trial to balance liberty and justice.

1) Labour Law – Payment of Gratuity Act, 1972 – Section 2(e) – Definition of "employee" excludes persons holding posts under the Central Government governed by any other Act or rules providing payment of gratuity, thus determining the applicability of the PG Act to employees of entities like HWP.
2) Administrative Law – Jurisdictional Fact Doctrine – A jurisdictional fact must exist for statutory provisions to apply; here, whether HWP is an independent establishment or an adjunct of the Central Government is a jurisdictional fact deciding applicability of the PG Act.

1) Service Law – Disciplinary Proceedings – Rule 20 of the APCS (CCA) Rules, 1991 prescribes procedure and grounds for punishment including dismissal for misconduct such as fabrication and forgery.
2) Service Law – Principles of Natural Justice and Judicial Review – Findings in disciplinary inquiries must be supported by credible evidence and where charges of forgery or fabrication arise, the inquiry officer must exercise caution and verify disputed handwriting, preferably by expert opinion, before recording adverse findings.

1) Criminal Law – Bail Jurisprudence – Section 439 CrPC – Bail discretion is subject to judicial discipline and appellate oversight; bail orders can be interfered with if they are arbitrary, perverse, based on irrelevant considerations, or ignore material factors such as gravity of offence and criminal antecedents.
2) Criminal Law – Concealment of Material Facts – Suppression of criminal antecedents or material facts in bail applications amounts to abuse of process, vitiates the discretion exercised, and attracts the principle of suppressio veri, expressio falsi.

1) Service Law – Principles of Natural Justice – The right of an employee under disciplinary proceedings to cross-examine prosecution witnesses is fundamental and breach thereof vitiates the inquiry.
2) Civil Procedure – Judicial Review – While reviewing administrative or quasi-judicial orders, courts must consider all disputed issues and provide reasoned decisions on each rather than remanding for single-point consideration.

1) The grant of bail under the POCSO Act, 2012 requires consideration of the nature and gravity of the offence, the age of the parties involved, and the facts indicating absence of criminal intent.

1) The period of deputation shall not exceed the prescribed maximum tenure — extensions beyond the maximum period require prior approval — unauthorized retention violates applicable deputation rules and principles of administrative fairness.

1) The assessment of compensation under the Motor Vehicles Act includes quantification of heads such as loss of consortium, which encompasses spousal, parental, and filial consortium, and the rate of interest awarded on compensation must be reasonable and aligned with prevailing market rates.

1) The binding effect of a Supreme Court order fixing the date of implementation for administrative service conditions and its supremacy over State Government notifications altering or postponing such implementation dates.