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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.
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 -- 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.
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.
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.
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.
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.
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 -- 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.
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.
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.
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.
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 -- 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.
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.
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.
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.
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.
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.
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.
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.
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.
Scope of Section 311, Cr.P.C. (Summoning Additional Witnesses) -- Section 311 provides the court with the power to summon witnesses at any stage of an inquiry, trial, or other proceeding if it deems their evidence essential for a just decision -- However, this power should be exercised judiciously, and not arbitrarily, particularly when the examination of new witnesses is sought at a late stage in the trial.
Limited Scope of Judicial Interference (Sections 34 and 37 of the Arbitration Act, 1996) -- Section 34 allows a court to set aside an arbitral award on limited grounds, such as public policy violations, fraud, or illegality -- Scope is narrow and does not permit reappraisal of evidence or reconsideration of merits.
Role of Courts in Upholding Administrative Decisions -- Court reiterated that unless there is a clear procedural violation or lack of adherence to natural justice, courts should not interfere with administrative disciplinary actions -- Decision to impose a censure penalty was considered just and within the bounds of the law.
Perversity and Exercise of Article 136 Powers -- Court found that the findings of the lower courts were perverse, as they ignored crucial discrepancies in the evidence -- This justified the invocation of Article 136 of the Constitution to set aside the concurrent findings -- Interference with concurrent findings should only occur in the presence of glaring errors or misapplication of law.
Constitution of India – Article 142 -- Power to Do Complete Justice -- Supreme Court invoked its power under Article 142 to provide an equitable solution. Even though the Court upheld the auction, it directed additional compensation to the appellant, ensuring that the outcome balanced the interests of both the auction purchaser and the appellant bank.
Prevention of Money Laundering Act, 2002 -- Conditions for Bail in PMLA Cases -- Section 45 of PMLA imposes a stricter condition for bail in money laundering cases, requiring that the court must be satisfied there are reasonable grounds for believing the accused is not guilty and is unlikely to commit further offences if released on bail.
Criminal Law -- Burden of Proof in Custodial Deaths -- Burden of proof in custodial deaths falls heavily on the police, as they are in control of the person in custody -- This principle stems from the settled legal position that custodial violence and the consequent death are peculiarly within the knowledge of the police.
Criminal Law -- Section 482 of CrPC -- Quashing of FIR -- Scope of Section 482 CrPC -- High Court can use its inherent power to quash an FIR if it is found to be frivolous, vexatious, or filed with ulterior motives to harass the accused -- Court must scrutinize the FIR closely to prevent abuse of the legal process.
Civil Law -- Amendments to pleadings can be allowed at any stage of the proceedings, provided the amendments are necessary to determine the real issues in controversy between the parties -- Court should adopt a liberal approach when allowing amendments, but must also ensure that such amendments do not cause prejudice or injustice to the other party.
Equity Jurisdiction of Writ Courts -- Writ jurisdiction under Article 226 is discretionary and should be exercised to do substantial justice -- Relief may be denied if a petitioner is found guilty of misleading the court or abusing the legal process, even if they have a legal right.
Transfer of Property Act -- Section 53A -- Agreements to sell included clauses where possession of the properties was handed over to the purchasers. This implies the acquisition of possessory rights under Section 53A of the Transfer of Property Act, 1882, which protects the purchaser’s interest.
Criminal Law -- Delay in FIR -- Delay in lodging an FIR must be explained satisfactorily by the prosecution. If not convincingly explained, it raises doubt about the prosecution's case but does not automatically discredit it.
Criminal Proceedings Against Financial Institutions -- Protection of financial institutions from being harassed by disgruntled borrowers filing frivolous criminal cases (FIRs) when the issue is primarily civil (loan default) in nature -- Financial disputes between borrowers and lenders should not automatically lead to criminal liability unless specific criminal elements are present.
Burden of Proof under Section 12(2) of the Passports Act -- Section 12(2) of the Passports Act requires proof that the appellant knowingly furnished false information or suppressed material facts to secure a second passport for the accused.
Land Acquisition Act, 1894 -- Section 17 -- Special urgency powers under Section 17(4) allow the State to acquire land without granting landowners the right to object (Section 5A). The court emphasized that this imposes an onerous duty on the State to ensure fair compensation is provided expeditiously.
Jurisdiction under Section 11(6) of the Arbitration and Conciliation Act, 1996 -- Court emphasized that its role under Section 11(6) is limited to a prima facie determination of the existence of an arbitration agreement, leaving substantive issues and questions of fact for the arbitral tribunal to decide.
Criminal Law – Dowry Death – Section 304-B IPC – Section 498-A IPC – Presumption under Section 113-B of Evidence Act – Failure to Prove Dowry Demand Beyond Reasonable Doubt – Acquittal.
Professional Ethics -- Advocates are bound by ethical standards and legal responsibilities -- Fraud on the court and abuse of judicial process are serious offences punishable under criminal law.
Civil Law -- Literal Interpretation of Contracts -- When the language of a contract or sale deed is clear and unambiguous, the courts must apply a literal interpretation and give effect to the plain meaning of the terms without relying on external circumstances or intentions -- In this case, the recitals of the sale deeds were interpreted based on their express wording.
Industrial Disputes Act, 1947 -- Section 9A -- Service conditions of employees cannot be altered without issuing a notice as mandated under Section 9A of the Industrial Disputes Act -- Employers must follow procedural requirements before making changes to working conditions.
Doctrine of Contributory Negligence -- Contributory negligence applies only when the injured party or their agents contribute to the accident. To establish contributory negligence, there must be evidence that the person acted in a way that materially contributed to the accident.
Benefit of Doubt -- If evidence does not conclusively establish guilt, the accused must be acquitted -- Lack of corroborative evidence (e.g., independent witnesses) raises doubts about the reliability of the prosecution's claims.
Criminal Law -- Presumption of Innocence -- Principle that an accused is presumed innocent until proven guilty is fundamental in criminal law, reinforced by prior acquittals.
Right to Speedy Trial (Article 21 of the Constitution of India) -- Prolonged detention of an under-trial without conclusion of the trial, even in serious cases like those under Section 304B IPC, violates the fundamental right to a speedy trial as guaranteed under Article 21 of the Constitution -- If the State fails to ensure timely trial, prolonged incarceration can justify the grant of bail.
Civil Law -- Compromise Decree and the subsequent conduct of the parties -- It was determined that the suit property was held in trust and that the Appellant-Defendant, who claimed to have absolute ownership, was actually holding the property in a fiduciary capacity.
Service Law -- Withdrawal of Resignation -- The principle that resignation can be withdrawn before its acceptance is established law -- The period of absence shall be counted for pensionary benefits.
SLP -- Re-examination of NEET(UG)-2024 -- Denial of permission to carry a handkerchief would not have materially affected the petitioner’s performance is considered plausible -- Court noted that in the context of the OMR sheet examination, the impact of sweating on performance was less significant.