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1) Cooperative Societies Act – Sec 154B-29 – Recovery of Society Dues – This section provides a special, summary, and overriding mechanism for recovery of society dues as arrears of land revenue without limitation period unless expressly provided otherwise, emphasizing the continuing nature of dues payable by members or occupiers. 2) Maharashtra Ownership Flats Act, 1963 – Sec 10 & definition of Flat Owner – The promoter’s statutory obligations and recognition of flat ownership under a duly stamped and registered agreement are crucial for determining liability for society dues and membership status.
1) Cooperative Societies Law – Maharashtra Cooperative Societies Act, 1960 – Section 154B-27 – Powers of Registrar are limited to enforcement of pre-existing duties of a society and do not extend to adjudication of disputed civil rights between members and the society. 2) Cooperative Societies Law – Maharashtra Cooperative Societies Act, 1960 – Section 79A and Section 154B-27 read together do not confer adjudicatory powers on the Registrar to decide contested ownership or membership disputes; such matters are within the domain of civil courts or competent adjudicatory forums.
1) Maharashtra Co-operative Societies Act, 1960 – Section 3 – Statutory power of the State Government to transfer jurisdiction and appellate authority through Notification – Such transfer is effective from the date of Notification, and the earlier authority ceases jurisdiction immediately, except where a legal vacuum emerges. 2) Maharashtra Ownership Flats Act, 1963 – Section 4 & Section 10 – Registered agreements in Form No.5 confer legal rights and status on flat purchasers, recognizing them as persons who have "taken" flats for purposes of membership in co-operative housing societies, even if balance consideration remains unpaid.
1) Pension and gratuity benefits of a retired government servant are statutory and constitutional rights under Article 300A of the Constitution of India, and cannot be withheld without a valid, timely, and concluded departmental or judicial proceeding establishing guilt.
1) A woman in a longstanding live-in relationship or a privately solemnized marriage is entitled to claim maintenance under Section 125 Cr.P.C.
1) In cases involving seizure of commercial quantity of narcotic drugs, strict compliance with procedural safeguards under the NDPS Act, including proper seizure, sampling, weighing, and storage, is mandatory to attract the rigors of Section 37 (no bail provision).
1) Grant of bail under criminal procedure law requires consideration of the nature of offence, evidence on record, conduct of parties, and likelihood of abuse of liberty.
1) Criminal Law – SC/ST (Prevention of Atrocities) Act, 1989 – Sections 3(2)(v-a), 3(1)(w-ii) – Bail considerations in offenses involving allegations of sexual intercourse by false promise of marriage – Bail can be granted considering facts, custody period, innocence presumption, and absence of criminal history. 2) Criminal Procedure – Bail – Section 483 of BNSS, 2023 – Bail application must consider nature of offense, conduct of accused, likelihood of absconding or tampering with evidence, and any settlement like readiness to marry prosecutrix – Bail is not precluded but granted with conditions to secure appearance.
1) Bail – Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 – Bail is a statutory right subject to conditions ensuring the accused’s cooperation and to prevent interference with the investigation or trial. 2) Criminal Procedure – Pre-trial detention – Prolonged pre-trial custody amounts to punitive measure violating the principle of liberty guaranteed under law when investigation is complete and no further custodial interrogation is necessary.
1) Civil Procedure Code – Order 47 Rule 1 – Review Jurisdiction – A review petition is not an appeal and is confined to correction of errors apparent on the face of the record. 2) Judicial Discipline – Review Proceedings – Review is not permissible merely due to error in judgment on merits; it must fall within established parameters for revisiting decisions.
1) M.P. Rajya Suraksha Adhiniyam, 1990 – Section 5(b) – Conditions for externment require (i) reasonable grounds to believe engagement in offences involving force or violence and (ii) District Magistrate's satisfaction regarding witness apprehension for their safety; both conditions are mandatory for a valid order. 2) Criminal Procedure – Externment orders based on old or stale cases without proximity to the commission or abetment of offences cannot constitute reasonable grounds under Section 5(b) of the Adhiniyam, 1990.
1) Service Law – Recovery from Retiral Benefits – Supreme Court’s decision in State of Punjab v. Rafiq Masih, (2015 (4) SCC 334) establishes that recovery from retiral dues of retired employees is generally impermissible. 2) Administrative Law – Full Bench Ruling – The Full Bench of the Madhya Pradesh High Court in W.A. No. 815 of 2017 (State of M.P. & others v. Jagdish Prasad Dubey) affirms the non-recovery from the retiral dues of Class-III and Class-IV employees and those within one year of retirement.
1) Constitutional Law – Right to Life and Personal Liberty – Protection from Threats – The State has a duty under Article 21 of the Constitution to provide protection to individuals facing threats to their life and personal liberty. 2) Criminal Procedure – Police Protection – Upon credible threat to the life of individuals, police authorities must act promptly to ensure safety, following Supreme Court guidelines established in Shakti Vahini vs. Union of India (2018) 7 SCC 192.
1) Constitutional Law – Article 14 & 16 – Equality and Non-discrimination – Candidates from reserved categories who qualify on their own merit for unreserved vacancies must be treated as general category candidates for appointment without counting against reserved quotas. 2) Service Law – Reservation Policy – Department of Personnel and Training (DoPT) Office Memorandum, 02.07.1997 – The reservation roster is an administrative tool for monitoring cadre composition and does not displace meritorious candidates who qualify for unreserved posts on their own merit.
1) Service Law – Recruitment Rules – Article 309 of the Constitution – The State Government has exclusive domain to prescribe minimum qualifications for public posts, and judicial review on such prescriptions is limited to arbitrariness, lack of nexus to service requirements, or violation of fundamental rights. 2) Constitutional Law – Doctrine of Repugnancy – Pharmacy Act, 1948 & Pharmacy Practice Regulations, 2015 – Central legislation regulates professional qualifications and registration of pharmacists, but does not govern State public employment rules; absence of irreconcilable conflict means no repugnancy.
1) Criminal Law – Indian Penal Code – Sections 302, 120-B, 201, 506 read with Section 34 – Principles of criminal conspiracy and circumstantial evidence require proof of meeting of minds, prior agreement, and an unbroken chain of circumstances to establish guilt beyond reasonable doubt. 2) Criminal Procedure – Appeal against acquittal – The appellate court can reappreciate evidence but should not overturn an acquittal if the view taken by the trial court is a possible and plausible conclusion based on the evidence (as per principles established in Babu Sahebagouda Rudragoudar v. State of Karnataka and Ramesh v. State of Uttarakhand).
1) Service Tax – Finance Act, 1994 – Section 65(105)(zu), Section 65(40), Section 65(41) – Defines “event management service” as any service provided by an event manager in relation to planning, promotion, organizing or presentation of an event, including consultation – Taxability contingent on service falling within this statutory definition. 2) Tax Interpretation – Principle of Strict Interpretation of Taxing Statutes – Taxing provisions are to be strictly construed and levy of Service Tax is sustainable only if the service falls strictly within the four corners of the taxing statute without extending by implication or analogy.
1) Constitutional Law – Judges (Inquiry) Act, 1968 – Section 3(2) Proviso 1 – Interpretation of requirement of Joint Committee formation where notices of motion for removal are given on the same day in both Houses – The proviso mandates a Joint Committee only if motions are admitted by both Houses; rejection in one House does not invalidate the other House’s independent jurisdiction to constitute a Committee. 2) Constitutional Law – Constitution of India, Articles 89, 91 – Role of Deputy Chairman of Rajya Sabha – Article 91(1) empowers the Deputy Chairman to perform functions of the Chairman when the office is vacant, including the exercise of statutory powers under the Inquiry Act, such as admitting or refusing the notice of motion.
1) The liability of a surety under Section 446 Cr.P.C. for failure to produce the accused as stipulated and the conditions under which the surety may be discharged or the proceedings closed.
1) A government servant who has completed one full year of service and retires on 30th June is entitled to the annual increment effective from 1st July, which must be considered in fixation of post-retiral benefits.
1) The scope of interference in appeal against acquittal is limited and interference is warranted only if the view taken by the trial court is impossible or perverse.
1) Service confirmation after satisfactory probation cannot be withheld arbitrarily or without adherence to principles of natural justice, and contingent denial of confirmation after its accrual violates constitutional guarantees under Articles 14 and 16.
1) Principles of natural justice require the licensing authority to provide the party an opportunity to submit a reply after supplying relevant documents before passing adverse orders such as suspension of licence.
1) Criminal Law – Protection of Children from Sexual Offences Act, 2012 – Section 6 – Definition of Aggravated Penetrative Sexual Assault – The prosecution must prove elements of penetrative sexual assault beyond mere physical contact to substantiate a conviction under Section 6 of the PoCSO Act. 2) Criminal Procedure – Non-compliance with Section 232 of CrPC – While non-compliance with procedural provisions may not automatically vitiate proceedings, it must be shown that substantial prejudice was caused to the accused for a successful appeal.
1) Indian Succession Act, 1925 - Section 63(c) and Indian Evidence Act, 1872 - Section 68 - Requirement of attestation and proof of execution of Will including the need for at least two attesting witnesses who have seen the testator sign and have signed in his presence, and the duty of the propounder of the Will to discharge the burden of proof beyond reasonable doubt. 2) Testamentary Law - Suspicious Circumstances Doctrine - Where a Will purports to deprive legal heirs in favor of a non-relative and is surrounded by suspicious and unnatural circumstances, the burden to explain such circumstances is on the proponent; suspicious circumstances may lead to rejection of the Will as unreliable and not duly proved.
1) Civil Procedure Code – Order 41 Rule 21 – Rehearing of appeals can be granted when sufficient cause for non-appearance is shown, emphasizing the protection of a litigant’s rights despite counsel’s default. 2) Constitutional Law – Right to Fair Trial – A party should not suffer due to the default or misconduct of their chosen advocate, as held in Rafiq vs Munshilal regarding the duty of the litigant to act diligently versus reliance on counsel.
1) Criminal Procedure – Section 482 of the Code of Criminal Procedure empowers the High Court to exercise inherent jurisdiction to grant anticipatory bail in appropriate cases, including offences under the MP Excise Act. 2) Criminal Law – Arrest Procedure – Supreme Court guidelines in Arnesh Kumar v. State of Bihar and Satender Kumar Antil v. CBI mandate strict compliance by investigating agencies and courts to prevent unnecessary arrests and ensure that arrests are made only when strictly required under law.
1) Prevention of Corruption Act, 1988 – Section 19 – Previous sanction for prosecution is a mandatory requirement, and the sanction must be granted by the authority competent to remove the public servant from office; such sanction is not a mere formality but a solemn act to protect public servants from frivolous prosecution. 2) Criminal Procedure – Section 227 CrPC – At the stage of framing charges, the court is required only to consider prima facie material; the validity or competency of the sanction authority can be challenged and examined only at the trial stage and not at the pre-trial or framing stage.
1) Constitutional Law – Article 226 – Writ Jurisdiction – Protection by police authorities can be directed only on the basis of concrete and specific threats or facts establishing apprehension of harm. 2) Criminal Law – Police Protection – Mere apprehension or fear without factual foundation or proof of threat is insufficient to invoke directions for police protection.
1) Constitutional Law – Article 226 – Writ jurisdiction to grant police protection requires a concrete and specific threat or material evidence, not mere apprehensions. 2) Criminal Law – Police Protection – Reliance on Supreme Court precedent (Lata Singh v. State of U.P.) requires factual foundation such as registration of a false criminal case or credible threat to direct police protection.
1) Education Law – University Grants Commission (UGC) Regulations (2009, 2012, 2016, 2023) and related statutes impose binding duties on HEIs to establish anti-ragging, equity, sexual harassment redressal and grievance mechanisms essential for student welfare and safety. 2) Constitutional Law – Article 142 of the Constitution of India empowers the Supreme Court to issue binding directions to remedy systemic failures in student mental health support and suicide prevention in HEIs, ensuring inclusive, equitable education and student well-being.
1) Civil Law – Specific Relief Act, 1963 – Section 41(h) – Prohibits grant of injunction when equally efficacious relief is available by other usual modes of proceeding; where possession and title over disputed immovable property are contested, a suit for injunction simpliciter is not maintainable without claiming possession. 2) Civil Law – Principles of Injunction – A suit for mandatory injunction is maintainable without a claim for possession only in cases of permissive possession such as licence, where there is no serious dispute over title or identity of property.
1) Criminal Law – Indian Evidence Act, 1872, Section 32(1) – A dying declaration is admissible evidence and can solely form the basis for conviction if found to be truthful, voluntary, and reliable, and need not be corroborated as a matter of law but as a matter of prudence. 2) Criminal Law – Appeal Against Acquittal – The Supreme Court may interfere with an order of acquittal if the High Court’s approach is perverse, based on erroneous appreciation of evidence, or leads to grave miscarriage of justice, especially when direct, trustworthy evidence like dying declaration is wrongly disbelieved.
1) Property Law – Transfer of Property Act, 1882, Section 54 and 53A – An agreement to sell immovable property without transfer of possession or surrender of tenancy does not amount to a conveyance and does not transfer title; possession as tenant continuing after agreement negates deemed conveyance under Section 53A. 2) Stamp Law – Andhra Pradesh Stamp Act, 1922, Article 47A, Explanation I – An agreement to sell followed by or evidencing delivery of possession in connection with the agreement constitutes a deemed conveyance liable for stamp duty; possession unrelated to agreement, such as longstanding tenancy, does not attract such duty.
1) Insolvency Law – Insolvency and Bankruptcy Code, 2016 – Section 7(5)(a) – Admission of CIRP – requires existence of financial debt and default; discretion to refuse admission on viability or bona fide grounds is largely excluded post Innoventive Industries Ltd. v. ICICI Bank. 2) Insolvency Law – Insolvency and Bankruptcy Code, 2016 – Locus Standi – Rights of Homebuyers’ associations or housing societies – such entities lack statutory financial creditor status and cannot intervene in Section 7 proceedings unless recognised as authorised representatives under IBC framework.
1) Service Law – Public Service Commissions & Recruitment Rules – Rajasthan Rules, 1981 (Rule 24) and Rajasthan Agriculture Rules, 1978 (Rule 21) – prescribe that the reserve list is valid for six months from the date the original select/merit list is forwarded to the appointing authority, and recommendations from the reserve list can only be made within this period upon requisition. This limits the right of candidates on the reserve list to claim appointment beyond the statutory period. 2) Constitutional Law – Locus Standi in Writ Appeals – A Public Service Commission, as a constitutional functionary vested with recruitment functions, qualifies as a 'person aggrieved' to maintain writ appeals challenging judicial directions affecting its statutory role even if the State has not appealed, since such directions directly affect its legal and constitutional duties.
1) Employees of the District Judiciary are entitled to gratuity under the Tripura State Civil Services (Revised Pension) Rules, 2017, including interest for delayed payment.
1) Application of revised gratuity Rules is prospective and does not apply retroactively to employees who retired before the effective date of the amendment.
1) Employees holding posts under the State Government governed by separate rules are excluded from the Payment of Gratuity Act, 1972 and hence not entitled to the enhanced gratuity ceiling provided under that Act.
1) Under the Tripura Scheduled Castes and Scheduled Tribes Reservation Act, 1991, the burden of proof lies on the certificate holder to prove their genuine membership in the Scheduled Caste community, and the cancelling authority must follow due procedure in case of suspicion of false claim.
1) Indian Penal Code – Sections 141, 146, 147, 148, 149, and 302 – Liability of members of unlawful assembly – Every member of an unlawful assembly is vicariously liable for an offence committed by any member in prosecution of the common object of that assembly. 2) Evidence – Section 27 of the Indian Evidence Act, 1872 – Recovery at instance of accused – The information given by an accused in custody which leads to discovery of facts is admissible and must be proved by independent witnesses, ensuring reliability and veracity of the recovery.
1) Cooperative Societies – Maharashtra Co-operative Societies Act, 1960 – Section 72 and Section 73 – Governs the powers of Managing Committee and supremacy of General Body in authorizing conveyance and lease related contracts and documents. 2) Doctrine of Indoor Management – Principles protecting third parties acting in good faith on internal authority representations – Exceptions where suspicious circumstances or fraud exist disallow its invocation.
1) Caste Certificate – Scrutiny Committees constituted under the Madhuri Patil v. Commissioner, Tribal Development (1994) or under Rules framed under relevant Acts must ensure that certificates granted to blood relatives are genuine and that precise familial relationships are established before evaluating a petitioner’s claim. 2) Constitutional Law – Equality and Non-Arbitrariness – Decisions of Scrutiny Committees must maintain consistency in recognizing caste status among close blood relatives unless there is credible evidence of fraud or procedural irregularity.
1) The claim for employment under a rehabilitation policy is a continuing cause of action that does not become barred merely by the passage of time if bona fide pursuit of the claim is demonstrated.
1) Grant of bail is a discretionary relief that considers factors such as nature and gravity of the offence, period of detention, antecedents of the accused, parity with co-accused granted bail, and progress of trial.
1) A transfer order issued without adhering to the procedure prescribed under the Transfer Policy, including opportunity to submit representation before the competent Committee, is liable to be quashed.
1) Bail can be granted considering the nature and gravity of the offence, period of detention, antecedents of the accused, and prima facie evidence on record.
1) Municipal Law – License Fees – The Municipal Corporation's demand for 100% enhanced license fee is not justified if the original resolution permits only a 40% enhancement based on previous agreements. 2) Statutory Interpretation – Resolution No. 1317 – The application of modifications in resolutions should be specifically aligned with the context and entities they are intended to cover.
1) Arbitration - Appointment of Arbitrator - Section 12(5) of the Arbitration and Conciliation Act, 1996 mandates that an individual with a specified relationship to the parties or the dispute cannot be appointed as an arbitrator; any such appointment is invalid and impairs the integrity of the arbitral process. 2) Arbitration - Waiver of Ineligibility - Under the proviso to Section 12(5), ineligibility of an arbitrator can only be waived through an express written agreement between the parties after a dispute arises; mere conduct or implied consent does not satisfy this requirement.
1) Hindu Adoptions and Maintenance Act, 1956 – Sections 18(1), 21, 23(2), 27, 28, and 4 – Establish that a Hindu wife is entitled to maintenance from her husband and that Section 28 affords protection to a dependant’s right to maintenance from the estate, but does not explicitly create a charge over the husband’s property; Section 4 excludes earlier Hindu law or customs inconsistent with the Act’s provisions. 2) Transfer of Property Act, 1882 – Section 39 – Confers a special privilege and protection akin to a charge on immovable property for a third person’s right to maintenance or provision for advancement/marriage from the profits of that property, enforceable against transferees with notice or gratuitous transferees; the right is dormant until legal proceedings are initiated.
1) Civil Procedure – Section 24 CPC – Transfer of cases – The convenience of a party alone is not a sufficient ground for transfer of proceedings; other factors such as the place of matrimonial home, location of witnesses, and stage of proceedings are relevant. 2) Family Law – Hindu Marriage Act, 1955 – Section 13 (Divorce) – Matrimonial disputes involving allegations of cruelty are to be adjudicated preferably at the matrimonial home to enable proper examination of evidence and witnesses.
1) Criminal Procedure – Bail under Bharatiya Nagarik Suraksha Sanhita 2023, Section 483 – Bail is a rule and jail custody is an exception, especially when no direct possession or incriminating evidence is found against the accused. 2) Narcotic Drugs and Psychotropic Substances Act, 1985 – Sections 8/22 and 29 – Mere implication based on statements of co-accused without direct evidence or recovery from the applicant does not preclude grant of bail.
1) Service Law – Classification of employees and pay scale entitlement – A policy classifying daily wagers as permanent employees with assigned categories and respective pay scales governs pay entitlement from the date of classification; prior orders or minimum pay scale claims do not override the policy’s categorization and pay scales. 2) Constitutional Law – Doctrine of legitimate expectation and arrears – Employees classified under a valid government policy are entitled to arrears only from the effective date of the policy-related classification unless otherwise stipulated; retrospective claims to minimum scales before classification are not sustainable.
1) SARFAESI Act, 2002 – Section 14 – The role of Chief Metropolitan Magistrate or District Magistrate is ministerial in nature, limited to verifying compliance and assisting secured creditor in taking possession of secured assets, without any adjudicatory or quasi-judicial function. 2) SARFAESI Act, 2002 – Section 14 – There is no bar under this provision against filing successive applications by the secured creditor for taking possession of the secured asset if justified by reasonable grounds.
1) Criminal Procedure Code – Section 156(3) – Empowers an aggrieved person to approach magistrate for direction to the police to register an FIR and investigate a cognizable offence, providing an adequate legal remedy. 2) Constitutional Law – Article 226 – Writ jurisdiction is discretionary and not to be exercised where efficacious alternative remedy exists, as established in Supreme Court precedents including Aleque Padamsee v. Union of India and Sakiri Vasu v. State of Uttar Pradesh.
1) Contract Law – Specific Relief Act, 1963, Sec 16 and Sec 21 – A party who terminates a contract is generally precluded from subsequently seeking specific performance; however, intervening conduct such as a solemn undertaking before a Court can revive the contract and permit seeking such relief. 2) Arbitration and Conciliation Act, 1996, Sec 34(4) – Challenges to arbitral awards on quantification of damages may be addressed by remanding the matter to the Arbitral Tribunal for reconsideration; mere erroneous application of law or wrong appreciation of facts is not a ground to set aside an award.
1) Trade Marks Act, 1999 – Sec 17 and Sec 28(3): Registration of a composite trade mark does not confer exclusive rights over its individual components, and registration of a mark does not bar passing off actions based on prior goodwill and reputation. 2) Trade Marks – Prior User Rights – Assignment Doctrine: A defendant claiming prior user rights via a predecessor must prove a valid assignment of the mark and associated goodwill by clear and cogent documentary evidence to claim protection.
1) The principle of sentencing under criminal law emphasizes rehabilitation over retribution, and courts may reduce sentences based on the offender’s personal circumstances and time already served.
1) Employees engaged in Special Intensive Revision (SIR) work as Assistant Electoral Returning Officers (AERO) cannot be transferred without prior permission of the Election Commission.
1) A writ petition is not maintainable against an award or its revision under the National Highways Act, 1956, where an efficacious remedy exists under the Act for adjudication of disputes regarding validity and quantum of compensation.
1) Personal information pertaining to a third party cannot be disclosed under Section 8(1)(j) of the Right to Information Act, 2005, unless the information serves a public interest.
1) Service Law – Probation – Indian Forest Service (Probation) Amendment Rules, 2023 introduce a prohibition on probationers from appearing in competitive examinations during training, which is valid and does not infringe upon any vested rights. 2) Service Law – Statutory Amendments – Service conditions are governed by the rules in force at any time during the period of service, and attorneys do not have vested rights that prevent subsequent rule changes affecting their probationary training experience.
1) Contract Law - Tender Evaluation - Clause 4)4 of the RFP - Bidders are mandated to comply with specific documentation requirements, including LoAs and WCCs, to establish eligibility for tender participation. 2) Contract Law - CA Certificate - The CA Certificate must adhere to the requirements outlined in Annexure V of the RFP, which specifies the supporting documents necessary for evaluation as part of the eligibility criteria.
1) Criminal Law – Bail – The standard for granting bail in cases of circumstantial evidence requires a thorough examination of the evidence's strength, as mere presence at the crime scene or weak circumstantial evidence does not warrant continued incarceration. 2) Criminal Law – Evidence – Call Detail Records provide location data but do not conclusively establish presence; therefore, reliance solely on such evidence to prove complicity in a crime warrants caution.
1) Criminal Law – Anticipatory Bail – The conditions for granting anticipatory bail require the court to consider the role ascribed to the accused, cooperation with the investigation, and any serious opposition presented. 2) Criminal Law – Arms Act – The involvement of weapons in the alleged offences necessitates a careful consideration of the individual's direct participation in violent acts to determine the appropriateness of bail.
1) Criminal Law – Bail – Accused has the right to be released on bail when there exists a lack of sufficient evidence to justify further incarceration. 2) Criminal Law – Circumstantial Evidence – Testimony considered as last seen evidence must be substantial and reliable to establish guilt.
1) Civil Procedure Code – Section 96 – Appeals lie only from a decree, not mere findings – If no decree is passed against a party, challenge to findings must be made by cross-objection or civil revision. 2) M.P. Accommodation Control Act, 1961 – Sections 12(1)(a), 12(1)(e), 13(1), and 13(5) – A tenant’s failure to deposit rent as required entitles landlord to decree for eviction irrespective of the use of premises; professional activity in a residential building does not amount to commercial activity exempting tenant from eviction.
1) Constitutional Law – Madhya Pradesh Uchcha Nyaylaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005, Section 2(1) – The maintainability of writ appeals against interlocutory orders depends on the nature, tenure, effect, and impact of the order passed by the Single Judge. 2) Waqf Act, Section 37 – Powers regarding declaration and management of properties as Auqaf property and the competence of authorities to appoint committees for conducting religious events on such properties.
1) Service Law – Retiral Dues and Recovery – Supreme Court ruling in State of Punjab vs. Rafiq Masih (2015) holds that unauthorized recovery from retiral benefits after retirement is impermissible and illegal. 2) Administrative Law – Disposal of Representations – Principles of prompt and reasoned decision-making on representations/petitions as mandated by law and upheld by the Full Bench decision in State of M.P. & others vs. Jagdish Prasad Dubey (2024).
1) SARFAESI Act, 2002 – Section 14 – Mandates the authority to adjudicate applications relating to attachment or sale of secured assets and obligates timely disposal of such applications. 2) Judicial Procedure – Writ Jurisdiction – Courts can issue directions to authorities under writ jurisdiction to ensure expeditious decision-making, particularly where statutory provisions prescribe prompt action.
1) Medical Termination of Pregnancy Act, 1971 – Provisions relating to termination of pregnancy require consent, but in cases of mentally unstable persons, consent of legal/nominated representative is relevant. 2) Mental Health and Disability – Consent for medical procedures involving mentally disabled persons may be given by legal guardian or nominated representative when parents are mentally incapacitated.
1) Service Law – Hindu Adoptions and Maintenance Act, 1956, Section 21(vii) – Defines "dependants" to include any widow of the son of the deceased Hindu, provided she is unable to obtain maintenance from her husband’s estate or from her children or their estates. 2) Service Law – Hindu Adoptions and Maintenance Act, 1956, Section 22 – Obligates heirs of the deceased to maintain dependants out of the estate inherited and entitles dependants without a share in the estate to claim maintenance from those who take the estate.
1) Service Law – Rights of Persons with Disabilities Act, 2016, Section 2(y) – The concept of reasonable accommodation mandates necessary and appropriate modifications without imposing undue burden to ensure persons with disabilities enjoy rights equally with others, guaranteeing substantive equality and preventing exclusion. 2) Constitutional Law – Articles 14, 21, 41 of the Constitution of India – The right to livelihood and work, in conjunction with directive principles, obligates the State and public sector undertakings to provide equal employment opportunities and reasonable accommodation to disabled persons, with failure to do so constituting discrimination and violation of fundamental rights.
1) Constitutional Law – Article 21A and Right of Children to Free and Compulsory Education Act, 2009, Section 12(1)(c) – Mandates admission of a minimum 25% of children from weaker and disadvantaged sections in neighbourhood schools to secure fundamental right to education and promote social integration through common school system. 2) Administrative Law – Section 31 and Rule-making under Section 38 of RTE Act – The obligation of appropriate government and local authorities to issue enforceable rules and regulations and establish transparent, accessible, and effective procedures for implementation of Section 12 to ensure realisation of constitutional and statutory rights.
1) Constitutional Law – Article 14 – Legality of Prior Approval Regime – Prior approval of the Government before conducting investigation into public servants’ decisions violates equality and rule of law if it forecloses independent enquiry and results in arbitrary classification. 2) Service Law – Prevention of Corruption Act, 1988, Section 17A – Requirement of prior approval without independent screening undermines effective investigation and protection against frivolous/cloaked misuse, necessitating independent oversight such as by the Lokpal/Lokayukta.
1) Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - Section 14 - Obligation of Magistrates to expedite proceedings - The Act mandates that applications under Section 14 must be decided within a specific timeframe to uphold the rights of secured creditors. 2) Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - Timelines and Administrative Efficiency - The incorporation of strict timelines is intended to prevent undue delays in the recovery process, reinforcing the legislative intent to ensure timely enforcement of security interests and protect financial institutions from prolonged uncertainty.
1) Administrative Law - Blacklisting - The order of blacklisting must specify a defined duration and adhere to principles of natural justice, failing which it is deemed arbitrary and legally unsustainable. 2) Administrative Law - Authority - The officer issuing the blacklisting order must possess lawful authority as delineated by relevant government policies; otherwise, the order stands void ab initio.
1) Insolvency and Bankruptcy Code, 2016 – Sections 31, 32A, and 238 – Upon approval of a resolution plan, liabilities and claims not part of the plan stand extinguished and the new management assumes control free from prior obligations. 2) Industrial Disputes Act, 1947 – Section 33-A – Proceedings for reinstatement and back wages cannot continue against the corporate debtor after approval of the resolution plan under IBC due to overriding effect of Section 238 of the IBC.
1) Motor Vehicles Act, 1988 – Sections 166, 168, 169, 176 – Claims Tribunals – The Claims Tribunal must hold an inquiry considering all parties’ pleadings, frame issues, record evidence, and decide all issues together to ensure a fair adjudication of claims. 2) Procedure – Goa Motor Vehicles Rules, 1991 – Rules 275 to 305 – Lack of application of Order I Rule 10 CPC – Claims Tribunals do not have power to implead or drop parties at will before completion of inquiry; deletion of parties without evidence is impermissible and premature.
1) Framing of service conditions and promotion rules is within the exclusive domain of the State Government subject to Constitutional mandates of equality, non-arbitrariness, and reasonableness.
1) The discretion to condone delay under Section 5 of the Limitation Act must be exercised judiciously and cannot be granted on mere sympathy without a proper explanation of the cause of delay.
1) The age of the victim, if below 18 years as determined by conclusive documentary evidence, is a crucial ingredient under the POCSO Act, and consent of a minor is immaterial for commission of offence.
1) Under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015, a child alleged to be in conflict with law shall be released on bail unless release would result in association with criminals, exposure to danger, or defeat the ends of justice.
1) Civil Law – Advertisement – Disparagement of Products – Disparagement of a class of products through advertisements can constitute an infringement of trademark rights and mislead consumers. 2) Civil Law – Amendment of Pleadings – Under Order VI Rule 17 of the CPC, amendments are permissible if they do not alter the nature of the suit or introduce a new cause of action.
1) Criminal Law – Bail – The relevance of the strength of evidence against the accused is crucial in determining the grant of bail, especially when no incriminating material has been recovered. 2) Criminal Law – Evidence – The reliability and credibility of CCTV footage as evidence must be assessed, particularly where it lacks clear corroboration of witnessing events leading to the alleged offense.
1) Criminal Law – Bail – Regular Bail– The court must consider the nature of the accusations and the circumstances surrounding the case, including the investigation's fairness, and the severity of the charges when adjudicating bail applications. 2) Criminal Procedure – Investigation – Section 156(3) CrPC – Adequate investigation is paramount to ensure justice; failure to properly investigate all facets of the case, including registering a cross case, can impact the bail decision.
1) Criminal Law – Bail – The right to seek bail is fundamental in ensuring that an accused is not held in custody unnecessarily when substantive evidence against them is lacking. 2) Evidence – Witness testimony – The absence of strong corroborative evidence, specifically support from the injured complainant and lack of identification of an eyewitness in the FIR, raises sufficient doubt regarding the prosecution's case.
1) Criminal Law – Bail – The decision to grant bail considers the reliability of evidence and the possibility of a lengthy trial. 2) Criminal Law – Identification – The significance of clear identification of the accused is crucial, especially when the prosecution relies heavily on eyewitness accounts and CCTV footage.
1) Criminal Law – Withdrawal of Petition – A petitioner has the right to withdraw a petition before the court with the possibility of filing a subsequent appeal, ensuring the procedural rights of litigants are upheld. 2) Civil Procedure – Liberty to File – Granting liberty to file a fresh application respects the principle of justice and allows for the proper adjudication of the underlying issues in a subsequent proceeding.
1) Criminal Law – Bail – The principles regarding bail emphasize that prolonged pre-trial detention may necessitate bail, especially when the accused demonstrates no intention to delay proceedings. 2) Criminal Procedure – Right to Fair Trial – Article 21 of the Constitution guarantees the right to a speedy trial, which has been violated in this case due to the substantial time taken to proceed with the trial.
1) Criminal Procedure – Section 483, Bharatiya Nagarik Suraksha Sanhita, 2023 – Bail Application – The court’s discretion to grant or refuse bail considering evidence on record and progress of trial. 2) Constitutional Law – Article 21 – Right to Speedy Trial – Delays in trial may justify bail, but absence of significant delay coupled with strong evidence may result in bail refusal.
1) Criminal Procedure Code, 1973 – Section 437(3) – Bail conditions – Bail may be granted with conditions including appearance and conduct during trial to ensure regular attendance and fair trial. 2) Madhya Pradesh Excise Act, 1915 – Section 34(2) – Offence related to unauthorized liquor possession – Bail considerations hinge on evidence, custody duration, and likelihood of trial delay.
1) Administrative Law – Retiral Benefits – Recovery of amounts from retiral dues after retirement is impermissible if contrary to binding Supreme Court precedent as in State of Punjab vs. Rafiq Masih. 2) Judicial Review – Direction to Authorities – Authorities are obligated to decide fresh representations by applying relevant Supreme Court and High Court precedents and to pass reasoned and speaking orders under principles of natural justice.
1) Constitutional Law – Articles 14 and 16 – Doctrine of Legitimate Expectation and Equality in Public Employment – Recruitment rules and advertisements in public employment represent binding conditions which cannot be altered mid-process, ensuring fairness and non-arbitrariness as mandated by Articles 14 and 16 of the Constitution. 2) Reservation – State Reservations Policy – Validity of Caste Certificates from Other States – In absence of an explicit rule requiring a caste certificate from Madhya Pradesh, a caste certificate issued by a competent authority of another State, for a caste recognized as reserved in both States, must be recognized for eligibility to reservation benefits.
1) Service Law – Compassionate Appointment Scheme, 2012 – Clause 5)4 – Defines “dependent” excluding a gainfully employed family member residing separately and financially independent – Crucial for eligibility determination under compassionate appointment. 2) Administrative Law – Principles of Natural Justice – Requirement of conducting a fair inquiry before stigmatic or punitive action against an employee – Violation of such principle renders the action arbitrary and liable to be quashed.
1) Service Law – Recruitment – Non-disclosure of pending criminal cases in government job application forms constitutes concealment of material information and can render the candidate ineligible for government service as per the disclaimers in the attestation and verification forms. 2) Service Law – Recruitment – Mere non-disclosure of pending criminal proceedings is not always fatal to candidature, however, when such non-disclosure is deliberate and repeated, it undermines fairness and integrity required in public service appointments.
1) Civil Law – Consumer Protection Act, 2019 – Section 71 – Execution of Orders – Execution must strictly conform to the decree and cannot extend liability to persons not parties to the decree or otherwise legally liable. 2) Insolvency Law – Insolvency and Bankruptcy Code, 2016 – Section 14(3) – Moratorium – Moratorium on the corporate debtor does not automatically extend to directors/promoters who are personally liable only if liability is established.
1) Civil Procedure – Order 22 Rule 4 CPC – Substitution of legal representatives after death of a party – Appeal in a suit for specific performance abates if legal heirs of vendor are not substituted, as vendor is necessary party for execution of decree. 2) Contract Law – Specific Performance – Requirement of vendor’s presence – Vendor must join in sale deed execution notwithstanding transfer of interest, making vendor a necessary party to suit and appeal; absence of substitution of vendor’s legal heirs leads to abatement.
1) Transfer of Property Act, 1882 – Section 52 – Doctrine of Lis Pendens – The property involved in a pending suit cannot be transferred by any party to affect the rights of other parties to the suit except under court authority; rights of subsequent purchasers pendente lite are subservient to the decree. 2) Civil Procedure Code, 1908 – Order XXI Rules 97, 98, 101 – Execution of Decrees – The executing court has jurisdiction to determine all questions, including right, title, and interest between parties and obstructionists during execution proceedings; resistance by transferees pendente lite can be adjudicated and, if unjustified, may be removed.