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Service Law – Recruitment -- A purposive approach to recruitment advertisements, focusing on the nature of work performed over procedural formalities -- Upholding constitutional values of equality and social justice in public employment -- Validity of countersigned certificates in substantiating claims of work experience.
Criminal Law -- Abetment of Suicide -- Requires clear instigation or intentional aid; a broken relationship alone is insufficient -- Cheating Allegations -- Must be supported by evidence of willful deceit or exploitation.
Criminal Law -- Rigorous standard of proof required in circumstantial evidence cases -- Necessity for adherence to procedural safeguards in criminal trials -- Principle that benefit of doubt must favor the accused when evidence is inconclusive.
Service Law -- Promotions are effective only upon assumption of duties -- Administrative delays, while regrettable, do not warrant retrospective financial benefits when they conflict with statutory rules or established precedents.
Land Acquisition Act, 1894 -- Principle that the acquisition for an integrated project, like the Yamuna Expressway, serves a valid public purpose and urgency provisions can be invoked -- Necessity for judicial consistency, adherence to precedent, and a pragmatic approach to development challenges.
Criminal Law -- In matrimonial disputes, generalized and exaggerated allegations against distant relatives, unsupported by specific evidence, are liable to be quashed under Section 482, Cr.P.C., to prevent the abuse of judicial process and secure justice.
Prevention of Corruption Act -- Demand and acceptance of illegal gratification must be proved beyond a reasonable doubt -- Recovery of tainted money, corroborated by direct or circumstantial evidence, shifts the burden of proof to the accused, who must rebut the presumption of guilt under Section 20 of the Act -- Failure to do so warrants conviction.
Scheduled Caste status under the Constitution (Scheduled Castes) Orders is confined to specific religious groups unless valid reconversion is established -- Evidence of reconversion must include sincere adherence to the original religion and acceptance by the caste community.
Criminal Law -- Prolonged consensual relationships, when turning sour, should not be criminalized absent evidence of deceit or coercion -- Importance of distinguishing between consensual relationships and those involving criminal intent, ensuring that criminal law is not misused.
Civil Law -- Ownership of Partnership Property -- Partnership assets acquired using partnership funds belong to the partnership firm, even if registered in the names of individual partners.
Arms Act -- Legitimate Expectation of Renewal -- While licensees have a legitimate expectation of renewal under Section 15(3), delays, adverse police reports, and other criteria can override this expectation.
Constitution of India, 1950 – Supreme Court upheld the validity of the Forty-second Amendment, affirming that the insertion of ‘socialist’ and ‘secular’ in the Preamble is consistent with the Constitution's principles and does not violate its basic structure.
Civil Law -- State's Obligation in Managing Public Resources -- Government holds public resources in trust for citizens. Allocation must prioritize public interest and adhere to principles of fairness and equality.
Arbitration and Conciliation Act -- Judiciary's role in ensuring arbitration proceedings are not derailed by procedural technicalities, particularly in light of unforeseen disruptions like the pandemic -- It underscores the balance between procedural efficiency and substantive justice in arbitration.
Motor Vehicles Act -- Court's commitment to fair and adequate compensation for accident victims, particularly when dealing with severe disabilities -- It balances the principles of justice and equity while adhering to established legal guidelines for compensation assessment.
Expunging of Adverse Remarks -- Principles of judicial restraint -- Importance of protecting the dignity and independence of subordinate judicial officers -- It sets a precedent for handling judicial errors and misconduct through administrative channels rather than stigmatizing remarks in judgments.
Civil Law -- Reinforces the principle that concurrent factual findings of lower courts are not interfered with unless grave injustice or perversity is evident.
Criminal Law -- Conviction Requires Proof Beyond Reasonable Doubt -- Conviction cannot be based on suspicion or moral conviction, especially in cases of brutal crimes.
Specific Relief Act -- Requirement of ‘Readiness and Willingness’ -- Under Section 16(c) of the Specific Relief Act, continuous readiness and willingness to perform contractual obligations is a prerequisite for relief.
Hindu Succession Act -- Hindu widow's limited interest in property under a partition deed -- Maintenance includes adequate provisions for living, but excess or additional grants beyond maintenance may not confer absolute ownership.
Civil Law -- Scope of Judicial Review under Article 226 -- High Courts can correct findings of fact only if they are perverse or contrary to law.
Limitation -- Condonation of delay -- Supreme Court emphasized the importance of vigilance in litigation and adherence to limitation laws -- Petitioners' reliance on their advocate’s negligence was not sufficient to justify condonation of delay.
Wild Life (Protection) Act -- S.63(1)(viii) -- HPC's mandate and jurisdiction remain valid, notwithstanding the Captive Elephant (Transfer or Transport) Rules, 2024 -- Welfare of Elephants takes precedence over procedural or regulatory formalities.
Criminal Law -- Consensual relationships cannot be retrospectively criminalized when they do not culminate in marriage -- Judicial processes are not misused to settle personal grievances.
Criminal Law -- Allegations of evidence tampering demand strict judicial scrutiny -- It clarifies the application of Section 195(1)(b) Cr.P.C., ensuring procedural safeguards do not obstruct the administration of justice.
Criminal Law -- Evidence in Conspiracy Cases -- Circumstantial evidence can be sufficient, but it must lead to an unbroken chain of events linking the accused to the crime -- Communication or prior association alone does not establish conspiracy unless directly connected to the crime.
Maharashtra Goods and Services Tax Act -- Applicability of Section 65 of the SGST Act to Deregistered Persons -- Section 65 allows for an audit of a registered person for any financial year or period during which the person was registered, regardless of whether the registration is subsequently cancelled.
Civil Law -- Adverse Possession by the State -- State cannot claim adverse possession over private property as it violates constitutional principles and undermines the rights of citizens.
Indian Divorce Act -- Interim maintenance should ensure that the financially weaker spouse enjoys the same standard of living as during the marriage, considering the income and assets of the other party -- Courts must evaluate all relevant income sources and liabilities comprehensively.
Service Law -- Disciplinary proceedings must be initiated while the employee is in service or during an extended period of service -- Proceedings initiated post-retirement are void unless specifically permitted under service rules.
Constitution of India -- Equality before the law -- When government policies and judicial precedents recognize certain benefits, employees in similar positions must be treated equally under Article 14, ensuring fairness, equity, and administrative uniformity.
Service Law -- Importance of procedural safeguards and evidentiary standards in disciplinary inquiries involving major penalties, emphasizing that procedural non-compliance cannot be overlooked.
Civil Law -- Nature of the Deed -- Gift vs. Settlement -- A gift is a transfer of property made voluntarily and without consideration -- Settlement Deed includes non-testamentary dispositions for family, dependent persons, or charitable purposes, which may involve non-monetary consideration -- Consideration for a settlement deed need not be monetary; acts of care, support, or familial obligations may suffice.
Service Law -- Compassionate Appointment Not a Vested Right -- Compassionate appointment is intended as an exception to the general rule of open recruitment to assist the family of a deceased employee facing financial hardship -- It is not a vested right and does not guarantee employment to the dependent -- Purpose is to provide immediate relief, and claims must be timely as per the relevant policy.
Bulldozer justice is unconstitutional -- Right to shelter is an essential component of the right to life under Article 21. Demolishing homes as a punitive measure affects not only the accused but also innocent family members, and is therefore impermissible under the Constitution.
Civil Law -- Doctrine of Lis Pendens -- Subsequent purchasers acquired the property subject to the outcome of the ongoing litigation, and they cannot claim superior rights over the plaintiffs.
Transfer of Property Act -- Doctrine of Lis Pendens -- Lis pendens prevents the alienation of property during ongoing litigation. The “pendency” begins from the date the suit is instituted until the final decree or satisfaction of the order -- Principle ensures that any transfer during this period is subject to the suit's outcome,
Jurisdiction under Arbitration and Conciliation Act, 1996 -- Petition was filed under Sections 11(6) and 11(12), which empower the court to appoint an arbitrator if parties fail to do so, provided there is an existing arbitration agreement.
Civil Law -- Court’s Discretion in Remand Orders -- Supreme Court's reluctance to interfere with remand orders emphasizes the trial court's discretion to allow for complete and fair evidence evaluation during final decree proceedings.
Right of Persons with Disabilities Act, 2016 -- Ultra Vires Doctrine – Supreme Court held that Rule 15(1) was ultra vires the legislative intent of the RPWD Act -- Act intended to create enforceable, non-negotiable rules for accessibility. Rule 15’s approach of framing aspirational guidelines failed to fulfill this statutory mandate.
Criminal Law – Quashing of FIR -- Vague allegations and delayed complaints do not justify the continuation of criminal proceedings.
Arbitration and Conciliation Act, 1996 -- Supreme Court reinforced that referral courts under Section 11 should focus solely on whether an arbitration agreement exists, leaving the detailed examination of claims, including issues of frivolity or dishonesty, to the arbitral tribunal.
Criminal Law – Supreme Court underscored the need for careful judicial consideration before quashing FIRs involving heinous crimes, emphasizing that societal impact and the objectives of protective laws must be upheld over private settlements.
Service Law -- Doctrine of "Rules of the Game" -- Once the recruitment process starts, the eligibility criteria for placement in the select list cannot be changed unless the applicable rules or advertisement explicitly allow it.
Mineral Conservation and Development Rules, 2017 -- Manifest Arbitrariness -- Test for manifest arbitrariness involves whether a policy or rule is irrational, without a determining principle, or excessive.
Prevention of Money Laundering Act, 2002 -- Overriding Effect of PMLA -- While Section 71 of the PMLA gives the Act an overriding effect, it does not override Section 197(1) CrPC, as Section 65 specifically includes the application of CrPC provisions where there is no inconsistency.
Criminal Law -- Elements of Wrongful Confinement -- For an offense under Section 342 IPC, wrongful confinement requires preventing a person from proceeding beyond certain circumscribed limits -- Mere intention without actual confinement does not constitute this offense.
Insolvency and Bankruptcy Code -- Overriding Effect of IBC -- Section 238 of IBC provides that its provisions override any conflicting laws -- This means that once a resolution plan is approved under IBC, it takes precedence over other statutes, including the Special Economic Zone Act, 2005.
Motor Accident -- Assessment of Compensation for Child Victims -- In cases involving children injured in accidents, the Supreme Court has established that minimum wages for a skilled worker should be used to calculate notional income, rather than treating the child as a "non-earning person" with a minimal income.
Criminal Law -- Circumstantial Evidence Standards -- For a conviction based solely on circumstantial evidence, the prosecution must establish an unbroken chain of events leading to the inescapable conclusion that the accused is guilty, with no alternative explanation.
Service Law -- Supreme Court’s Stand on Pre-Interview Certificate Requirement -- Court ruled that candidates possessing CCC certification at the interview (even if not at application submission) could not be disqualified -- Terminating candidates solely based on possessing certificates obtained post-application but pre-interview violated both the advertisement terms and the 1995 Regulations.
Repugnancy Doctrine -- State vs. Central Legislation -- When there is a conflict between state and central legislation on a concurrent subject, the central law prevails, unless the state law has received Presidential assent.
Civil Law -- Doctrine of Issue Estoppel -- Once an issue has been conclusively decided in prior proceedings, the same issue cannot be re-litigated -- Here, prior orders in interim writ petitions confirmed the respondent’s obligation to pay minimum guarantee charges, precluding further challenge on this point.
Civil Law -- Duty of Public Authorities in Recruitment -- Supreme Court emphasized the duty of transparency and accountability of public authorities in recruitment matters -- Changing stances or reversing positions on qualification requirements without a thorough, documented review is arbitrary and contrary to the rule of law.
Criminal Law -- Standard of Proof in Criminal Cases -- Prosecution is required to prove the guilt of the accused beyond reasonable doubt -- When there are multiple contradictions, omissions, and lack of corroboration, the benefit of doubt must be given to the accused.
Consumer Protection Act, 1986 -- Medical negligence claims require solid evidence, expert testimony, and proof of deviation from accepted medical standards, not just adverse outcomes from treatment.
Criminal Law -- Bail conditions must be reasonable, related to the trial’s requirements, and should not interfere with civil property rights or prejudice ongoing civil disputes.
Criminal Law -- Suspension of sentences, including fines, pending appeal is permissible under Section 389 of CrPC, subject to conditions that ensure fair access to appeal without violating Article 21.
Motor Vehicles Act, 1988 -- Determination of Age in Compensation Claims -- Court held that School Leaving Certificates should be given preference over Aadhar Cards when determining the age of the deceased for calculating compensation.
Hindu Marriage Act, 1955 -- Supreme Court’s authority to grant a decree of divorce under Article 142(1) based on the irretrievable breakdown of marriage, emphasizing complete justice and child welfare.
Transfer of Property Act, 1882 -- Gift deeds, once validly accepted and acted upon, cannot be revoked without specific conditions, and suits involving title and possession are governed by Article 65's 12-year period.
Civil Law -- Scope of co-tenancy rights in consolidation proceedings -- Consolidation of Holdings Act, 1953, does not grant substantive rights but facilitates procedural consolidation of holdings.
Civil Law -- Grade Pay Parity -- Equivalence in Rank does not automatically translate to equal pay, as command responsibilities and promotion opportunities are also considered -- Hierarchy in military command justifies differentiated pay structures even among personnel of equivalent seniority.
Legal Services Authorities Act, 1987 -- Legal aid to the poor should not be poor legal aid, urging authorities to work towards realizing constitutional goals under Articles 21 and 39-A of Constitution of India.
Insolvency and Bankruptcy Code, 2016 -- Locus Standi in CIRP Proceedings -- Under Section 62 of the IBC, any aggrieved person can appeal NCLAT’s orders, indicating a broad interpretation of locus -- Supreme Court acknowledged that any financial creditor (like the appellant in this case) can participate in proceedings and challenge settlements affecting their rights.
Criminal Law -- Circumstantial evidence can lead to a conviction if it forms a complete and conclusive chain, leaving no other plausible explanation.
Companies Act, 2013 -- Reckoning of Default Date in IBC Proceedings -- For initiating Corporate Insolvency Resolution Process (CIRP) under Section 7 of the IBC, the date of default is crucial.
Criminal Law -- Quashing of FIR under Section 482 CrPC -- High Court's power to quash FIRs under Section 482 CrPC should be exercised when the allegations, even if taken at face value, do not constitute a cognizable offense.
Criminal Law -- Scope and application of Section 294 CrPC and reinforce that admission of documents by the defense negates the need for formal proof, impacting both trial procedure and appeal considerations.
Constitution of India -- Ante-Dating of Judgments -- Supreme Court held that ante-dating of judgments is impermissible -- It violates judicial propriety and undermines litigants' rights by delaying the opportunity to seek further appeal.
Land Acquisition Act, 1894 -- Doctrine of Merger and Article 142 -- Exceptions can be made to ensure justice and prevent negative consequences for public welfare.
Civil Law -- Principle that interest on delayed payment of pension is not automatically granted and depends on timely pursuit of rights -- Oral instructions cannot serve as a binding basis for judicial orders; reliance on written communication ensures clarity and accountability.
Criminal Law -- Specific Evidence -- Conviction under Section 498-A cannot be based on general or vague allegations. There must be clear, specific, and credible evidence linking the accused to acts of cruelty.
Service Law -- Reinstatement and Compensation -- Reinstatement with full back wages is not the automatic rule in cases where the employee is not covered under the I.D. Act or when procedural compliance is established.
Air Force Act -- Need for proportionate disciplinary actions in the armed forces, emphasizing that trivial infractions should not lead to disproportionate punishments -- Compensation can be awarded as a symbolic measure for the wrongful exercise of disciplinary powers, even if the primary relief (quashing of the order) has already been granted.
Civil Law -- Equitable Compensation for Auction Purchasers -- Supreme Court emphasized that when an auction purchaser is deprived of the deposit amount due to the setting aside of an auction, mere statutory solatium (5% of the bid amount) is insufficient.
Criminal Law -- Section 319 CrPC Discretion -- Trial court has the discretion to decide a Section 319 CrPC application either before or after cross-examination, depending on the circumstances and available evidence.
Citizenship Act, 1955 -- Requirement for Citizenship by Registration -- To be considered a "person of Indian origin," one’s birth or parent’s birth must be in undivided India, as defined by the Government of India Act, 1935.
Civil Law -- Maintainability of Appeals Under Airports Economic Regulatory Authority Act Act -- AERA is allowed to file appeals under Section 31, recognizing its vested interest as a regulatory body.
Criminal Law -- Motive and Suspicion – Supreme Court reiterated that suspicion, however strong, cannot replace proof beyond reasonable doubt -- Even if the appellant had a motive (wanting to marry someone else), it alone is insufficient to convict him without conclusive evidence linking him to the crime.
Motor Vehicles Act, 1988 -- Preponderance of Probability in Motor Accident Claims -- In motor accident claims, the court applies the principle of preponderance of probability rather than the stricter standard of proof beyond a reasonable doubt, which is used in criminal cases.
Income Tax Act, 1922 -- Supreme Court ruled in favor of the banks, allowing the deduction of broken period interest as revenue expenditure when securities are treated as stock-in-trade.
Civil Law -- Judicial Interpretation on Agreement-Based Charges – Supreme Court emphasized that charges imposed as part of an agreement between parties, such as royalty, are valid -- Such charges do not need legislative backing if they stem from an arrangement between the parties.
FIR -- Absence of clear evidence of a false promise of marriage or non-consensual sexual relations, the FIR should be quashed to prevent misuse of legal processes.
Bank Procedures and Criminal Liability – Even if there are procedural lapses in financial decision-making, criminal liability cannot be presumed unless there is clear evidence of wrongful intent or misuse of power.
Criminal law -- Death Penalty and the "Rarest of Rare" Doctrine – Principle -- Death penalty is reserved for the "rarest of rare" cases where the crime shocks the collective conscience of society, and there is no possibility of reforming the accused.
Motor Vehicles Act, 1988 -- Quantum of Compensation -- Court emphasized that the amount claimed by the claimant is not the upper limit for compensation -- Courts are obliged to award just and reasonable compensation, even if it exceeds the claimed amount.
Rights of Persons with Disabilities Act, 2016 -- Equal Opportunity and Non-Discrimination -- Persons with disabilities are entitled to equal rights and opportunities -- No one can be discriminated against based on disability unless it is a proportionate means of achieving a legitimate aim.
Civil Law -- Bona Fide Purchaser -- A subsequent purchaser during litigation cannot be considered a bona fide purchaser for valuable consideration if the transaction is affected by lis pendens.
Civil Law -- Doctrine of Lis Pendens -- Transfers made during the pendency of a suit are not void ab initio under Section 52 of the Transfer of Property Act, 1882, but such transfers are subject to the final outcome of the litigation -- Rights of the transferee are subservient to the original parties' rights, but transferees can still defend their interest through judicial process.
Criminal Law -- Reformation Principle in Sentencing -- Principle of reformation plays a critical role in sentencing decisions -- Good conduct during incarceration and the possibility of reform can lead to sentence modification, including reduction to time already served.
Mens Rea in Criminal Offenses -- For offenses under Sections 406 and 420 of the IPC, mens rea (intention or knowledge of wrongdoing) is essential -- Dishonest intention from the beginning must be inferred from facts and circumstances to determine if the accused intended to cheat or misappropriate.
Doctrine of Acquiescence -- Writ petitioners, having participated in the selection process, could not challenge the eligibility criteria post-facto. -- Invokes the doctrine of acquiescence -- Candidates cannot later challenge the rules or criteria of a process they voluntarily participated in.
Income Tax Act -- Assessing Officer's Powers to Entertain Claims -- Assessing officer does not have the authority to entertain a fresh claim or an amendment in the return that is not filed in accordance with Section 139(5) -- In other words, claims must be made in the original or revised return filed within the prescribed time limit.
Evaluation of Technical Bids in Tender Process -- Rejection of the technical bid of a bidder must be based on clear non-compliance with mandatory requirements of the Notice Inviting Tender (NIT). Arbitrary or discriminatory rejection without valid reasoning, as in the case of the Appellant, violates the principles of fair evaluation.
Criminal Liability Despite Settlement -- A settlement between the parties does not automatically absolve an accused of criminal liability, particularly for offenses against public interest or involving mental depravity. The court must assess whether the nature of the offense justifies quashing based on the settlement.
Doctrine of Falsus in Uno, Falsus in Omnibus -- Principle "falsus in uno, falsus in omnibus" (false in one thing, false in everything) is not applicable in Indian law -- Even if a witness gives unreliable or false evidence on some points, the rest of their testimony may still be accepted if credible and truthful.
Single Entity Legislation -- A legislation dealing with a single entity or a single undertaking may be permissible if there is a reasonable classification having a nexus with the object sought to be achieved -- Such a classification should have an intelligible differentia that distinguishes the entity being legislated from others in a similar category. The burden of proving that the legislation is discriminatory lies on the party challenging it.
Service Law -- Judicial Principles Regarding Service Promotion -- Notional seniority cannot be granted retrospectively without a valid statutory basis or rules allowing for it -- Changes in service rules or GOs affecting seniority should be implemented prospectively unless expressly provided otherwise.