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1) Protection of Women from Domestic Violence Act, 2005 — Section 23 — Interim monetary compensation is a discretionary relief intended to meet immediate financial needs of the aggrieved and prevent undue hardship. 2) Constitutional Law — Writ jurisdiction — This Court’s power does not extend to re-appreciation of disputed factual findings but is limited to examining legality, reasonableness, and application of mind in impugned orders.
1) Indian Penal Code, Sec 326 – Grievous Hurt – Medical evidence of injuries corroborating the assault incident is critical in establishing the occurrence and culpability of accused. 2) Evidence – Interested Witnesses – Conviction can be sustained on testimony of interested witnesses if their evidence is reliable, consistent, and corroborated by medical and other supportive evidence.
1) Criminal Procedure Code – Transfer of Cases – A higher court may transfer criminal proceedings to the competent Session Court having jurisdiction to try the matter, to ensure proper administration of justice. 2) Judicial Procedure – Transfer and Re-registration – Upon transfer, the receiving court must issue fresh notice to parties and conduct proceedings on merits in accordance with law.
1) Arbitration – Arbitration and Conciliation Act, 1996 – Section 7 – An arbitration agreement is a standalone contract independent of the main contract or instrument in which it is embedded, and its scope is governed by the terms expressly contained therein. 2) Company Law – Companies Act, 2013 – Sections 6, 47, 241, 244, 430 – Sections 6 and 430 bar civil court jurisdiction over matters within the exclusive jurisdiction of Tribunal; however, arbitration clause disputes remain arbitrable unless expressly excluded; membership voting rights under Section 47 flow from shareholding notwithstanding disputes.
1) Constitutional Law – Article 311(1) – Protection against dismissal or removal by subordinate authority applies only to persons holding civil posts under the Union or State and not to employees of Regional Rural Banks which are distinct legal entities. 2) Civil Procedure – Restoration of Suit – On restoration of a writ petition dismissed for default, interlocutory orders (including interim injunctions) revive unless expressly excluded, thereby restraining action contrary to such orders as null and void.
1) Motor Vehicles Act, 1988; Section 163A – The amended Second Schedule prescribing fixed compensation amounts is procedural law applicable to pending claims notwithstanding the accident date, mandating tribunals and courts to award compensation as per the revised Schedule. 2) Insurance Law – Principle of pay and recover allows the insurer to discharge the claim liability initially and thereafter recover the amount from the insured and/or driver in cases involving breach of policy conditions such as driving without a valid licence.
1) Arbitration and Conciliation Act, 1996 – Sections 34, 36, 37 – A petition under Section 34 for setting aside an award passed by the Facilitation Council under Act of 2006 must comply with the mandatory pre-deposit requirement of Section 19 of the Act of 2006 to be entertainable, failing which it must be dismissed; non-compliance renders the petition non-entertainable and the court must refuse to set aside the award. 2) Micro, Small and Medium Enterprises Development Act, 2006 – Section 19 – This section mandates a pre-deposit of 75% of the award amount to challenge an award passed by the Facilitation Council, creating a substantive right that prevails over general provisions of the Act of 1996; failure to comply operates as a jurisdictional bar to entertain the challenge petition.
1) Criminal Procedure Code – Section 2(wa), Section 372 proviso, and Section 378(4) – Defines "victim" and regulates the right of appeal by victims and complainants in criminal cases. 2) Negotiable Instruments Act, 1881 – Section 138 – Treats the complainant as a victim due to economic loss suffered from cheque dishonour and permits appeal rights as such.
1) Criminal Procedure Code – Section 2(wa), Section 372 (Proviso), Section 378(4) – Definition of victim and right of victim to file appeal against acquittal without special leave. 2) Negotiable Instruments Act, 1881 – Section 138 – Complainant in dishonour of cheque proceedings is deemed to be victim entitled to file appeal as matter of right under Cr.P.C.
1) Criminal Procedure Code – Section 372 proviso – Confers upon the victim the right to appeal against acquittal orders without requiring prior leave from the court, thereby safeguarding victim’s appellate rights. 2) Negotiable Instruments Act, 1881 – Section 138 – A complainant in an offence under this section is considered a victim, enabling the exercise of appeal rights as per the Criminal Procedure Code provisions related to victims.
1) Criminal Procedure Code – Section 2(wa), Section 372 (Proviso) – Defines the victim and confers upon the victim the right to prefer an appeal independent of the complainant’s status, removing the necessity of special leave for appeals against acquittals. 2) Negotiable Instruments Act, 1881 – Section 138 – The complainant in a complaint under Section 138, who suffers economic loss from dishonour of cheque, is deemed a victim entitled to exercise victim’s rights under Cr.P.C., including filing appeals as of right under proviso to Section 372.
1) Criminal Procedure Code, 1973 – Section 438 – Anticipatory Bail – Discretionary relief available when there is a reasonable apprehension of arrest for non-serious offences and considering the facts and nature of allegations. 2) Criminal Law – Bhartiya Nagarik Suraksha Sanhita, 2023 – Offences – Nature and gravity of alleged offences play a crucial role in the exercise of discretion for anticipatory bail.
1) Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 — Sec 7-Q — Statutory interest on delayed payment of provident fund contributions arises mandatorily from the date amount becomes due until actual payment, independent of contractual agreements or discretionary compensation. 2) Labour Law — Interest on delayed salary and wages — Interest serves as compensation for deprivation of use of money lawfully due; rate and liability to be reasonable, compensatory, and not punitive, and must consider the nature of dues, duration of delay, and financial prejudice caused.
1) Insolvency and Bankruptcy Board (Liquidation Process) Regulations, 2016 – Schedule I – Stipulates EMD ceiling of 10% of reserve price but contains no express provision prohibiting forfeiture of EMD upon default in balance payment. 2) Company Law – Auction Terms – Specific conditions in an e-auction notice providing for forfeiture of EMD and other deposits upon failure to pay balance consideration are binding and enforceable.
1) Constitutional Law – Article 142 – Supreme Court’s power to do “complete justice” includes granting divorce by mutual consent or on irretrievable breakdown of marriage, notwithstanding procedural requirements under Hindu Marriage Act. 2) Family Law – Hindu Marriage Act, 1955 – Sections 13 and 13-B – Divorce by mutual consent and principles guiding court’s discretion to dissolve marriage, including consideration of factual matrix, attempts at reconciliation, alimony, and welfare of parties.
1) Transfer of Property Act, 1882 – Section 54 – A sale constitutes a transfer of ownership for a price paid, promised, part-paid, or part-promised, and registration of the sale deed completes the sale notwithstanding non-payment of the entire price at the time of execution. 2) Evidence – Presumption of correctness – Registered sale deeds are presumed valid and properly executed, placing the burden on the challenger to rebut this presumption by strong evidence.
1) Evidence – Eye-witness Testimony – If the presence of a witness at the place of occurrence is doubtful, their testimony becomes highly suspicious and unreliable, making conviction on such evidence unsafe. 2) Criminal Law – Section 302 and Section 34 IPC – A charge and conviction under Section 302 IPC must be supported by specific evidence assigning individual roles; merely convicting without invoking Section 34 or specifying roles is legally unsustainable.
1) Central Excise Act, 1944 - Section 11-A - Extended limitation period under proviso applicable only if non-payment of duty is due to fraud, collusion, wilful misstatement, suppression with intent to evade duty. 2) Excise Duty - Exemption - Exemption from Basic Excise Duty does not automatically extend to Additional Excise Duty unless explicitly provided by the exemption notification.
1) Local Government Law – West Bengal Panchayat Act, 1973, Section 12(11) – Prohibits consideration of subsequent no confidence motion within one year if prior meeting was held and motion not carried or meeting was held for want of quorum. 2) Meeting Law – Quorum and Validity – A meeting requires presence of more than one elected member; absence of any elected member means no meeting was held and embargo under Section 12(11) does not apply.
1) Constitutional Law – Writ Petition – Withdrawal and Dismissal – A petition may be dismissed on the ground of withdrawal by the petitioner without adjudication on merits. 2) Tax Law – CGST Act, 2017 – Section 112 – Right to Appeal – A petitioner may be permitted reasonable time to prefer an appeal to the Appellate Tribunal and the period during pendency of writ petition may be excluded for limitation.
1) Civil Procedure Code – Order VI, Rule 17 – Amendment of Pleadings – Amendment allowed at any stage for determination of real questions, but not to introduce a new cause of action or defeat accrued rights through delay. 2) Pleading – Amendment – Parties must exercise due diligence; amendment after substantial trial proceedings without justification causes prejudice and is not permissible.
1) Civil Procedure Code – Order VI Rule 17 – Allows amendment of pleading to enable proper and complete adjudication of the dispute, provided it does not change the nature or character of the suit or cause prejudice to the opposite party. 2) Civil Procedure – Amendment of Pleadings – Delay alone is not a ground for refusal if the amendment is germane to the suit and necessary for resolving real controversy, especially when the amendment is based on facts discovered during litigation.
1) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 – Section 3(1)(r)/(s) – Digital domain communication of casteist insults constitutes cognizable offences deserving thorough investigation irrespective of complainant’s numerous prior cases. 2) Criminal Procedure Code, 1973 – Section 173(8) – Magistrate’s duty to independently evaluate police closure reports; further investigation must be ordered on cogent grounds including digital forensic possibilities; supervisory officers must be engaged to prevent perfunctory investigations.
1) Criminal Law – Section 420, 406, 120B IPC – To establish cheating under Section 420 IPC, dishonest or fraudulent intent must exist at the inception of the transaction; mere non-payment post-contract does not suffice. 2) Criminal Procedure – Section 482 Cr.P.C. – Criminal proceedings should not be allowed to continue where the allegations pertain primarily to civil disputes, as this constitutes misuse of the criminal justice system.
1) Agricultural Produce – Definition – Inclusion of manufactured products like Rice Bran Oil and De-oiled Rice Bran within the definition of agricultural produce must accord with the statutory techniques specified; manufactured products losing their original agricultural character are excluded. 2) Constitutional Law – Article 304(b) – Prior assent of the President is mandated only if State legislation imposes restrictions on freedom of trade and commerce under Article 301; legislative amendments not restricting free movement do not require such assent.
1) Constitutional Law – Article 226 – Jurisdiction – Writ jurisdiction is generally excluded in disputes purely contractual in nature especially where remedies exist under civil law and no public law element is involved. 2) Transfer of Property Act – Section 106 – Termination of lease – A lessor, including the State, may determine a lease by issuing proper notice for breach of lease terms and initiate eviction proceedings which are to be adjudicated by civil courts rather than writ courts exercising extraordinary jurisdiction.
1) Criminal Procedure – Quashing of FIR – The Court has inherent jurisdiction to quash criminal proceedings where the allegations are manifestly without any criminal intent or ingredient and continuing the proceedings would be an abuse of the process of law. 2) Criminal Law – Dispute between members of an association – A dispute concerning management and administration of a welfare or owners’ association does not necessarily translate into a criminal offence unless there is material evidence to support the allegations.
1) Criminal Procedure Code – Section 482 – A court may exercise inherent powers to quash criminal proceedings if allegations in the FIR do not prima facie constitute an offence or make out a case against the accused to prevent abuse of process. 2) Indian Penal Code – Sections 341, 504, 506 – Mere omnibus allegations without specific overt acts and absence of incriminating material in investigation are insufficient to sustain charges under these sections.
1) Grant of regular bail in cases based on circumstantial evidence where the accused has undergone substantial custody, and the trial is likely to be protracted.
1) Grant of bail may be considered on parity with co-accused who have been granted bail, especially when charge-sheet is filed and trial is likely to be prolonged, notwithstanding the quantity of contraband involved.
1) Supervisory jurisdiction under Article 227 of the Constitution of India is limited and cannot be used to re-appreciate evidence or substitute the High Court’s opinion for that of the subordinate courts without patent perversity or gross injustice.
1) When an order passed by Sub Divisional Officer is set aside by the Collector and remitted back for fresh consideration, no effective order exists and the matter must be reconsidered following due process in accordance with law.
1) Goods and Services Tax – Section 6(2)(b), CGST Act, 2017 – Prohibition against initiation of parallel proceedings by different tax authorities on the same subject matter – Requires identity of subject matter, not mere transactional or temporal overlap, to bar proceedings. 2) Constitutional Law – Article 226 – Exercise of writ jurisdiction discretionary and precluded where efficacious statutory remedy exists and delay/unexplained laches in invoking jurisdiction are present.
1) Arbitration and Conciliation Act, 1996 – Section 12(5) – Waiver of arbitrator ineligibility requires an express written agreement subsequent to dispute – mere participation or prior appointment by a party does not amount to waiver. 2) Arbitration and Conciliation Act, 1996 – Section 34 – The validity of the constitution of the arbitral tribunal can be examined during challenge to arbitral award, even if not previously raised, where it goes to the jurisdiction of the tribunal.
1) Tax Law – Central Goods and Services Tax Act, 2017, Section 93 – Legal representative’s liability for tax, interest, or penalty determined after death of the person concerned – Statutory provisions permit proceedings to be commenced posthumously subject to prescribed conditions. 2) Constitutional Law – Article 14 – Equality and non-arbitrariness – Representative liability under Section 93(1)(b) is not discriminatory or arbitrary when confined to estate assets and preserving due process rights.
1) Rights of Persons with Disabilities Act, 2016 – Sections 56, 57, 59 – UDID Card issued by competent authority is the primary document for disability percentage, and re-assessment or appeal against the certificate lies with the designated appellate authority, not the Medical Assessment Boards. 2) Medical Admissions – Functional Competency Assessment – Medical Assessment Boards are empowered only to assess functional competency of PwBD candidates in relation to the course requirements; they cannot alter or reduce the disability percentage recorded in the UDID Card for reservation eligibility.
1) Criminal Law – Health Security SE National Security Cess Act, 2025 – Section 19(1)(a) – Punishment clause prescribes imprisonment up to five years for evasion of cess and excise duty, relevant for bail consideration. 2) Criminal Procedure – Bail – Apprehension of reoffending must be supported by explicit grounds and antecedents of the accused; mere seizure of machinery and apprehension without evidence does not justify denial of bail.
1) Evidence Act, 1872 – Section 27 – Admissibility of Disclosure Statement – A disclosure statement leading to discovery of facts within the exclusive knowledge of the accused is admissible, even if the fact itself was previously discovered but not identified. 2) Indian Evidence Act, 1872 – Section 106 – Onus of Proof – In cases based on circumstantial evidence, once prosecution establishes basic facts, the accused must explain the circumstances within his special knowledge; failure to do so can be an additional link in proving guilt.
1) Criminal Procedure – Compromise and Quashing of FIR – Under Sections 320 and 482 of the CrPC, quashing of criminal proceedings may be considered in offences which are compoundable or where parties have amicably settled the dispute, to serve the interest of justice. 2) Indian Penal Code – Sections 354, 341, 506, 323 – These offences include both compoundable and non-compoundable types; the court must examine willingness of victim to discontinue prosecution and nature of offence before allowing quashing.
1) Criminal Procedure – Quashing of FIR – The court has inherent power under Section 482 CrPC to quash an FIR where parties have amicably settled their disputes and continuing trial would serve no purpose. 2) Indian Penal Code – Sections 498A and 406 – Protection against cruelty by husband or relatives and criminal breach of trust – Proceedings can be dropped if the aggrieved party opts not to continue prosecution post settlement.
1) NDPS Act – Sections 21/25/29 – Bail – The stringent provisions under the NDPS Act restrict grant of bail except in exceptional circumstances and on demonstrating substantive change in circumstances relevant to the case. 2) Criminal Procedure – Bail – Previous dismissal of bail application on merits without showing any material change in circumstances bars subsequent bail applications unless new facts or circumstances emerge.
1) Criminal Procedure – Quashing of FIR – Section 482 of the Code of Criminal Procedure empowers the High Court to quash criminal proceedings in the interest of justice, especially when parties have amicably settled disputes. 2) Indian Penal Code – Section 498A and 406 – Although offences under IPC Sections 498A (cruelty by husband or relatives) and 406 (criminal breach of trust) are non-compoundable, compromise between parties can be considered for quashing to prevent abuse of process of law.
1) Criminal Procedure – Parole – Application and Consideration – A bona fide parole application must be submitted in a verifiable manner to the competent authority and supported by credible evidence to merit consideration. 2) Evidence – Verification of Signature/Thumb Impression – The authenticity of a thumb impression/signature on a legal application is crucial and can be grounds for dismissal if found fabricated or unverifiable.
1) Criminal Procedure – Section 482 CrPC – Inherent powers of the High Court to quash criminal proceedings in the interest of justice where the parties have settled the dispute and compensation has been paid. 2) Indian Penal Code – Sections 279 and 338 – Offences relating to rash and negligent driving causing grievous hurt can be compounded or settled by the complainant leading to quashing of prosecution.
1) Railways Act, 1989 – Section 124-A – Untoward Incident and Passenger Status – The section covers bona fide passengers holding valid tickets who suffer injury or death in the course of boarding or de-boarding a train; mere negligence does not exclude compensation unless there is conscious intention to self-inflict injury. 2) Evidence and Burden of Proof – The exclusion of liability under the proviso to Section 124-A requires clear proof of deliberate or conscious self-inflicted injury, and not mere imprudence or negligence.
1) Criminal Procedure—Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483—Interim bail—Granting interim bail on humanitarian grounds involves consideration of family circumstances and health emergencies impacting custodial support. 2) Criminal Law—Indian Penal Code, 1860, Sections 302, 120B, 34—Interim bail does not compromise investigation and trial process provided strict conditions are imposed to prevent tampering with evidence or interfering with witnesses.
1) Indian Stamp Act, 1899 – Sections relating to stamp duty payment timelines – Stamp duty must be paid timely within prescribed period (one month) for enforcement of arbitral award. 2) Arbitration and Conciliation Act, 1996 – Enforcement of arbitral awards – Compliance with statutory requirements including stamp duty is essential for enforcement proceedings.
1) Juvenile Justice (Care and Protection of Children) Act, 2000 – Section 7A and Section 20 – The Act applies retrospectively to persons below 18 years of age on the date of the offence even if offence was committed prior to enforcement of the Act and benefit can be claimed at any stage including appeal or sentence stage. 2) Juvenile Justice (Care and Protection of Children) Rules, 2007 – Rule 12 – Age determination hierarchy prioritizes matriculation or equivalent certificate, then school birth certificate, then municipal birth certificate, and only if these are unavailable, medical opinion is relied upon for age determination.
1) Constitutional Law – Article 22(1) – Arrest Procedure – Mandates that the grounds of arrest must be provided in writing to the accused at the time of arrest; failure to do so renders the arrest illegal and unconstitutional. 2) Constitutional Law – Article 22(1) & (2) – Re-arrest Procedure – Requires that for re-arrest of an accused released for violation of Article 22 rights, the Investigating Officer must seek prior permission of a superior authority and the Magistrate, justifying such re-arrest and furnishing grounds of arrest, failing which the re-arrest is illegal.
1) Negotiable Instruments Act, Sec 138 – A cheque issued in acknowledgment of a time-barred debt constitutes a fresh contract under Section 25(3) of the Indian Contract Act, thereby reviving the debt and enabling prosecution under Section 138. 2) Criminal Procedure – Legal Notice – Proper service of notice to the accused is essential; however, acknowledgment of receipt and postal documents demonstrating delivery satisfy the requirement of notice under Section 138 proceedings.
1) Civil Procedure Code – Order 41 Rule 27 – Admission of additional evidence in second appeal – The appellate court may admit additional documents if foundational facts require further proof and interest of justice demands it. 2) Property Law – Acquisition and Title – Proof of acquisition and grant of site requires production and consideration of relevant official records and notifications for determination of rightful possession and title.
1) Criminal Procedure Code – Section 482 – High Courts’ inherent power to quash FIRs is limited and cannot be exercised where prima facie cognizable offences are disclosed requiring investigation. 2) Indian Penal Code – Sections 409, 420, 467, 468, 471, 120B – Allegations of cheating involving forgery and criminal breach of trust warrant investigation even if connected to commercial transactions.
1) Criminal Procedure Code – Section 227, 239 – At the stage of discharge, Court’s role is limited to determining if prima facie material exists to proceed against the accused, without weighing evidence or assessing guilt. 2) Indian Penal Code – Section 109 – Abetment requires proof of active participation or inducement; mere suspicion is insufficient to ground prosecution without supporting material.
1) Criminal Procedure Code – Section 482 – High Court's inherent power can be exercised to quash proceedings where allegations constitute mala fide, vexatious litigation or abuse of process. 2) Indian Penal Code – Offences against women and children – The Court must exercise caution in matrimonial disputes to prevent misuse of penal provisions for settling personal scores.
1) Partnership Act – Section 42(c) and Section 31(1) – Death of partner in a two-member firm results in automatic dissolution unless there is a contract to the contrary – No continuation of partnership for introducing third parties. 2) Negotiable Instruments Act – Section 138 – Dishonour of cheque due to account blocked (e.g., death of account holder) does not attract offence under Section 138 as dishonour is not due to insufficiency of funds.
1) Criminal Procedure Code – Section 239 – Application for Discharge – Scope – At the discharge stage, the court must examine whether the material on record, taken at its face value, discloses a prima facie case and should not delve into the merits or defence of accused. 2) Criminal Revision – Scope of Revisional Powers – The revisional court cannot go beyond the limited scope of review and cannot consider defence or merits of the case while interfering with the trial court’s order on discharge application.
1) A candidate’s “choice of seat” in any round of NEET-UG counselling is not valid for subsequent rounds and “choice filling” is mandatory for every round, allowing modification of seat choice between rounds.
1) Bail is discretionary and ordinarily not granted in cases involving serious offences and where the accused are foreign nationals with a risk of absconding.
1) Criminal Procedure – Bail – Principle of Parity – When co-accused persons in a similar case are granted bail, the court may allow bail to the applicant on identical terms to ensure fairness and consistency. 2) Bail – Conditions – Grant of bail is subject to compliance with conditions to ensure the applicant’s cooperation in investigation, prevention of tampering with evidence, and trial attendance.
1) Service Law – Regularization and Pay Scale – Employees regularized after prolonged daily wage service are entitled to minimum pay scale in accordance with applicable law and Supreme Court precedents. 2) Constitutional Law – Article 226 – Writ jurisdiction to direct authorities to consider representations and pass reasoned orders is available where statutory or policy entitlement is claimed.
1) Service Law – Payment of Minimum Pay Scale – Completion of long-term service and regularization entitle employees to claim minimum pay scale as per applicable pay rules and judicial precedents. 2) Constitutional Law – Article 226 – Writ jurisdiction enables courts to direct authorities to consider and decide representations in accordance with law with respect to pay and service benefits.
1) Service Law – Pay Commission – Benefits under revised pay scales are to be extended to entitled employees from the date of eligibility, subject to classification and eligibility criteria. 2) Administrative Law – Implementation of judicial precedents – Directions in writ petitions require compliance within reasonable time and are binding on Government authorities.
1) Constitutional Law – Right to Life and Personal Liberty – Major individuals voluntarily solemnizing marriage are entitled to protection from harassment or threats. 2) Criminal Law – Police Protection – Courts have authority to direct police to provide protection on apprehension of threat to life as per established Supreme Court precedents.
1) Medical Termination of Pregnancy Act, 1971 — Sections 3 and 5 — Authorizes termination of pregnancy by registered medical practitioners up to 24 weeks and beyond in prescribed categories, including risk to the physical or mental health of the woman. 2) Constitutional Law — Right to Privacy and Bodily Integrity — The pregnant person's consent is paramount in reproductive choices, including abortion, as a facet of fundamental rights under Article 21.
1) Civil Procedure – Section 24 of the Code of Civil Procedure, 1908 empowers the court to transfer suits or proceedings where the ends of justice so require, considering the convenience and socio-economic conditions of the parties, especially in matrimonial matters. 2) Family Law – Matrimonial Proceedings – In transfer petitions, the convenience of the wife is a dominant consideration given prevailing socio-economic realities; courts may also allow appearance via video conferencing to facilitate participation of working parties.
1) Contract Law - Bareboat Charterparty - Termination Clause - A termination clause allowing the owner to terminate for default operates upon proper notice and compliance with contractual preconditions, irrespective of physical repossession. 2) Admiralty Law - Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 - Sec 5(1)(b) and Sec 5(2) - Arrest of vessel under demise charter basis requires the demise charterer to have status at the time of arrest; termination of charter changes the charterer's status to gratuitous bailee, negating arrestability in rem.
1) Railways Act, 1989 – Section 124-A – Strict liability principle entails that absence of ticket alone does not disqualify a bona fide passenger’s claim if the initial burden is discharged by claimants. 2) Railway Passengers (Manner of Investigation of Untoward Incidents) Rules, 2003 – Rule 6 & 7 – Timely investigation and report submission are mandatory; delay without explanation undermines evidentiary value of the report.
1) Indian Penal Code, Sec 376 – Rape – Conviction requires testimony of prosecutrix to be credible and inspire confidence, and cannot be based on surmises or contradictory evidence. 2) Indian Penal Code, Sec 366 and 361 – Kidnapping and abduction require proof of age and absence of consent; acquittal under these sections implies acceptance of voluntary accompaniment.
1) Bail may be granted when the evidence on record, including examined witness testimonies, fails to sufficiently implicate the accused, particularly in cases involving contraband under NDPS Act.
1) Indian Evidence Act – Section 27 – Recovery of objects pursuant to information given by accused in custody requires strict proof of nexus between information and discovery; mere recovery is insufficient. 2) Indian Evidence Act – Section 106 – Burden of proof shifts to accused only when facts are especially within his knowledge after prosecution establishes foundational facts; cannot be invoked to fill gaps in prosecution case.
1) Criminal Procedure – Section 528 of the B.N.S. – Inherent jurisdiction to quash criminal proceedings is extraordinary and to be exercised sparingly, primarily to prevent abuse of process or ensure ends of justice, and not to conduct a mini-trial or weigh evidentiary value of material at the initial stage. 2) Dowry Death – Sections 80(2), 85, 61, and 115(2) B.N.S. – Essential elements include death within seven years of marriage, occurrence otherwise than under normal circumstances, prior cruelty or harassment for dowry demand, and such elements raise statutory presumption; determination of medical and factual causation is a matter for trial.
1) Administrative Law – Rent Fixation – A government order limiting enhancement of rent does not apply retrospectively to tenancies commenced before its effective date unless expressly stated and fairly applied. 2) Constitutional Law – Article 14 – Principle of Equality – Similar situations must be treated alike; arbitrary and discriminatory rent fixation amounts to violation of equality guarantee.
1) Service Law – Pension – Service as part-time employee can be considered at 50% for purposes of pension calculation if the institution is fully aided and service was continuous prior to pension scheme change. 2) Administrative Law – Judicial Precedent – Consistent judicial decisions establish that part-time service can be partially counted as full-time service for pension benefits, unless reversed by higher authority.
1) Constitutional Law – Preventive Detention – Requirement of Live Link – A preventive detention order must maintain a proximate and contemporaneous connection between the material relied upon and the subjective satisfaction of the detaining authority; delay in passing the order must be reasonably and satisfactorily explained. 2) Maharashtra Prevention of Dangerous Activities Act, 1981 – Sections 3(1) and 12(1) – Detention Orders – Delay in issuance without explanation negates the preventive character of detention, making the order punitive and liable to be quashed.
1) Prevention of Corruption Act, 1988 – Sections 7, 13(1)(d), 13(2), 20 – Demand and acceptance of illegal gratification are foundational facts essential to convict a public servant for corruption offences. 2) Evidence – Trap cases – Corroboration and pre-trap panchanama – Absence of demand verification and inconsistencies in complainant’s testimony raise reasonable doubt in prosecution’s case.
1) Prevention of Corruption Act, 1988 – Section 7 and Section 13(1)(d) read with Section 13(2) – Demand of illegal gratification is an indispensable ingredient for conviction under these provisions. 2) Criminal Law – Evidence – Mere recovery of currency notes without proof of demand and acceptance of illegal gratification is insufficient to sustain conviction under the Prevention of Corruption Act.
1) Indian Penal Code, Sec 306 – Abetment of suicide requires active inducement or proximate trigger closely connected in time and causation with the suicide; mere repeated calls without evidence of instigation or harassment are insufficient. 2) Indian Penal Code, Sec 201 – To convict for causing disappearance of evidence, prosecution must establish that accused knowingly caused such disappearance with intent to screen offenders; lack of clarity over responsibility negates charge.
1) Evidence – Hostile Witness – The Court may rely on parts of the testimony of a hostile witness which favor the prosecution if supported by corroborative evidence. 2) Criminal Law – Corruption Offence – Proof of demand of bribe is a sine qua non for conviction under the Prevention of Corruption Act, and failure to establish this beyond reasonable doubt mandates acquittal.
1) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 – Section 3(1)(x) – Requires cogent and corroborative evidence to establish offences involving caste-based abuse and outraging modesty. 2) Indian Penal Code – Evidence – The testimony of the prosecution must be supported by independent witnesses; lack of corroboration and inconsistencies can lead to benefit of doubt in favor of the accused.
1) Negotiable Instruments Act, Section 138 – Dishonour of cheques – Dishonoured cheque must be drawn on a bank account maintained by the accused for discharging a debt or liability – cheque drawn on third-party or society account not attributable to accused under Section 138. 2) Evidence – Burden of Proof – Complainant must establish existence of legally enforceable debt or liability as foundation for issuance of cheque – mere assertion or unsupported testimony insufficient to discharge burden.
1) Constitutional Law – Article 300-A – No person shall be deprived of property except by authority of law; deprivation without lawful acquisition or agreement is unconstitutional and mandates just compensation. 2) Constitutional Law – Article 226 – Exercise of discretionary relief by High Courts can be refused on grounds of delay and laches unless there is a continuing cause of action or circumstances shocking judicial conscience.
1) Maharashtra Regional and Town Planning Act, 1966 — Section 127 — Reservation lapse — A reservation of land lapses if acquisition is not completed within 10 years from the date the development plan comes into force and no acquisition steps are taken within 24 months of notice served under Section 127. 2) Land Acquisition — Non-receipt of funds by the acquiring authority — Lack of budget does not extend statutory period for acquisition and cannot prevent lapse of reservation under Section 127.
1) Civil Procedure Code – Order XV-A (Bombay Amendment) – mandates continued deposit of rent/license fee by defendant in eviction suits till final disposal of the suit to protect lessor’s interests. 2) Lease Agreement – Rent escalation clause – where lease contains specific increase condition, lessee is liable to pay enhanced rent including statutory taxes post-expiry of lease term pending eviction suit resolution.
1) Civil Procedure Code, 1908 – Sections 13 and 14 – Provide for review and confirmation of foreign decrees by competent Indian courts before enforcement; such decrees must be from a court of competent jurisdiction and not obtained by fraud or violation of natural justice. 2) Portuguese Code of Civil Procedure, 1939 – Articles 1100 to 1102 – Stipulate conditions for recognition and enforcement of foreign judgments and decree, requiring review and confirmation by competent court where the party resides or is domiciled.
1) Cooperative Societies – Allotment of Flats – Members entitled to additional flats upon payment of construction and TDR costs – Illegal allotment to non-members contrary to society resolution is arbitrary and void. 2) Equitable Relief – Payment and Possession – Court can direct allotment of flats upon deposit of agreed amount to remedy unjust enrichment and balance equities among parties.
1) Criminal Procedure Code, Section 482 – The inherent power of the High Court can be exercised sparingly to quash criminal proceedings that constitute abuse of process of law or where the dispute is essentially civil in nature disguised as criminal. 2) Indian Penal Code – Offences of cheating (Section 420) and criminal breach of trust (Section 406) require establishing fraudulent or dishonest intention at the inception of the transaction, absent which mere breach of contract is insufficient to attract criminal liability.
1) Indian Penal Code, Section 498A — The offence requires a husband or his relative to subject the woman to cruelty, with cruelty defined to include willful conduct causing grave injury or harassment to coerce unlawful demands. 2) Criminal Procedure Code, Section 482 — The inherent power of the High Court to quash criminal proceedings must be exercised to prevent abuse of the process of law where allegations are vague, omnibus, and prima facie do not disclose any offence.
1) Criminal Procedure Code – Section 482 – Power of the High Court to pass directions for expeditious trial to prevent abuse of process or miscarriage of justice. 2) Criminal Law – Dowry Prohibition Act, 1961 – Prompt trial is crucial for effective enforcement and protection of victims’ rights in dowry harassment cases.
1) Criminal Procedure Code, Section 482 – The inherent power of the High Court can be exercised to quash criminal proceedings when they are maliciously instituted and amount to abuse of the process of court. 2) Indian Penal Code, Sections 448, 323, 506 – Essential ingredients of criminal trespass, voluntarily causing hurt, and criminal intimidation must be clearly made out; vague and omnibus allegations without material evidence do not sustain prosecution.
1) Criminal Procedure Code, Section 482 – The High Court’s inherent jurisdiction can be exercised to quash criminal proceedings manifestly attended with mala fides, abuse of process, or based on absurd and inherently improbable allegations to secure the ends of justice. 2) Indian Penal Code – Sections 307 (Attempt to Murder), 34 (Common Intention), and 506 (Criminal Intimidation) – Charges under these sections require clear material evidence of intent, individual participation, and credible threat beyond mere domestic discord or trivial exaggerations.
1) Criminal Procedure Code – Section 227 – Discharge – Court must examine the materials on record and consider the possibility of a prima facie case against the accused to frame charges. 2) Indian Penal Code – Sections 376(2)(f), 417, 166, 506, 120B, 109 – The presence of consistent evidence is essential before continuing with prosecution; absence of materials necessitates quashing of proceedings.
1) Banking Law - RBI Guidelines - Master Circular on Income Recognition and Asset Classification dated July 1, 2010 confers discretion on banks for classifying accounts as NPA based on overdue payments and non-renewal of credit limits as per prescribed timelines. 2) SARFAESI Act, 2002 - Section 13(2) - Demand Notice - Requirement of valid declaration of NPA status and issuance of notice to the borrower; disclosure of exact date of NPA classification is not mandatory for validity of notice.
1) Administrative Law – CGST Act, 2017 – Writ petitions seeking appellate remedy under the statute can be considered withdrawn if the petitioner opts not to pursue them further and the appropriate remedy lies before the Appellate Tribunal constituted under the statute. 2) Limitation – Exclusion of time – The period during which a writ petition remains pending but is ultimately withdrawn for pursuing statutory appeal is excluded for the purpose of computing limitation under Section 112 of the CGST Act, 2017.
1) Constitutional Law – Principles of Natural Justice – Requirement of personal hearing under Section 75(4) of the CGST Act is mandatory and denial thereof vitiates the adjudication order. 2) Taxation Law – Goods and Services Tax – Proper communication of adjudication orders and opportunity to defend is essential to ensure compliance with statutory procedural safeguards.
1) Procedure – West Bengal Goods and Services Tax Act, 2017 and Central Goods and Services Tax Act, 2017 – Requirement of proper service of show cause notice to ensure opportunity of hearing under principles of natural justice. 2) Natural Justice – Notice – Mere uploading of notice on statutory portal without actual communication or intimation does not fulfill the mandate of fair hearing and amounts to violation of natural justice.
1) Tax Procedure – Issue and Service of Show Cause Notice – Proper and effective communication of show cause notice is essential to afford the petitioner an opportunity to be heard and comply with principles of natural justice. 2) Administrative Law – Natural Justice – Failure to give meaningful notice or actual intimation deprives the affected party of a fair hearing, rendering subsequent adjudication liable to be quashed.
1) Administrative Law – Principles of Natural Justice – Adequate and proper notice is a mandatory requirement to ensure fair hearing before passing an adjudication order. 2) Taxation Law – Goods and Services Tax – Proper service of show cause notice includes actual intimation and must enable the recipient to effectively respond before adjudication.
1) Tax Procedure – Section 73 of the CGST/WBGST Acts mandates issuance of show cause notice and opportunity of hearing before passing an adjudication order. 2) Natural Justice – Right to be heard requires proper service of notices and adequate opportunity to respond before adverse orders are passed.
1) CGST/WBGST Act, 2017 – Sections 107(6), 112(8) and 112(9) – The statutory scheme mandates payment of specified pre-deposit amounts during appeals and provides for a stay of recovery of the balance tax demand upon such payment. 2) Administrative Law – Due process – Authorities must provide an opportunity of hearing and pass reasoned orders before effecting recovery beyond the statutory pre-deposit limits.