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1) Criminal Procedure – Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 – Provision to grant pre-arrest bail to prevent unnecessary arrest and custodial interrogation when allegations are not strongly supported by material evidence. 2) Criminal Law – Sexual Offences – Delay in lodging complaint and absence of medical evidence can be relevant factors in considering the grant of pre-arrest bail.
1) Criminal Procedure – Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 – Powers of the Court to grant pre-arrest bail to prevent abuse of process and protect the accused from arbitrary arrest. 2) Criminal Conspiracy and Cheating – Bharatiya Nyaya Sanhita, 2023, Sections 318, 324, 336 – Offences relating to illegal overseas recruitment and fraud through false representations concerning employment abroad.
1) Narcotic Drugs and Psychotropic Substances Act, 1985 – Section 37 – Bail provisions for commercial quantity cases – Bail can only be granted where there are reasonable grounds to believe the accused is not guilty and will not commit an offence while on bail; this restricts the court’s jurisdiction in granting bail in commercial quantity cases. 2) Criminal Procedure – Bail – The accused’s possession of contraband in commercial quantities indicates prima facie involvement and premeditation, impacting bail eligibility.
1) Enemy Property Act, 1968 – Section 12 and Enemy Property Rules, 2015 – Issuance of Certificate of Vesting – Mandate of prior notice, inquiry, and hearing are essential prerequisites and failure thereof renders the certificate ex parte and void. 2) Constitutional Law – Writ Jurisdiction under Article 226 – Administrative orders passed without exhaustion of statutory remedy under Section 18 of Enemy Property Act can be deferred for decision on representation, with the High Court refraining from interference until statutory remedy is availed.
1) Motor Vehicles Act, 1988 – Section 166 – Liability of insurer to indemnify the owner of the offending vehicle is absolute except in specifically excluded circumstances. 2) Motor Vehicles Act, 1988 – Definitions – A driver holding a valid LMV license is authorized to drive the offending vehicle, even if the vehicle is used as a goods vehicle without endorsement, thus not vitiating the insurance cover.
1) Criminal Jurisprudence – Appeal against acquittal – The appellate court may interfere only if the trial court’s findings are palpably wrong, manifestly erroneous or unsustainable. 2) Evidence – Benefit of doubt – If more than one reasonable conclusion is possible, the court must lean in favor of the accused and uphold acquittal.
1) Enemy Property Act, 1968 – Section 12 and Enemy Property Rules, 2015 (as amended 2018) – Mandatory requirement of issuing pre-decisional notice and affording an opportunity of hearing before issuance of Certificate of Vesting. 2) Constitutional Law – Article 226 – Administrative law principle of exhaustion of statutory remedies – Writ jurisdiction is ordinarily not exercised where adequate alternative remedy under a statute is available and not availed.
1) Criminal Procedure Code – Sections relating to bail – The court must consider all material evidence, including video footage and witness statements under Section 161 CrPC, before granting or refusing bail. 2) Judicial Discipline – Requirement of recording reasons – Courts must provide clear, independent reasons for their decisions, including an explanation of how material evidence impacts bail applications.
1) Constitutional Law – Article 226 – The writ jurisdiction of High Court is supervisory and not appellate; interference is warranted only on error of jurisdiction, breach of natural justice, or perversity of facts. 2) Service Law – Domestic Inquiry – Findings must be based on relevant evidence; a decision founded on conjectures or lacking evidence is perverse and can be quashed under writ jurisdiction.
1) Tamil Nadu Estates (Abolition and Conversion into Ryotwari) Act, 1948 – Section 14-A prohibits grant of Ryotwari patta over private tanks, ooranis, or lands classified as such, and mandates cancellation of any patta granted in contravention. 2) Revenue Records and Land Classification – The earliest survey and settlement records determine the nature of land; non-ryoti lands such as tanks or poramboke cannot be converted into ryoti land for patta grant.
1) Criminal Procedure – Bail – Principles of natural justice require that the party opposing bail must be given a fair opportunity to present its case before the court grants bail. 2) Criminal Law – Abuse of process – Concurrent and non-disclosure of material facts in multiple proceedings during pending bail applications amounts to abuse of process and vitiates the exercise of discretionary jurisdiction.
1) Limitation Law – Limitation Act, 1963 – Articles 54, 59, 64 – Period for suits related to specific performance, cancellation of instruments, and possession – Execution and knowledge of Sale Deed form the limitation trigger. 2) Transfer of Property Act, 1882 – Sections 53A and 54 – Agreement to Sell without registered Sale Deed does not create title; part performance doctrine protects possession against transferor but not against a third party with registered title.
1) Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 – Section 41 – Alienation of inam lands granted for support of religious institutions by way of gift is void ab initio and cannot be sanctioned by the Government or Commissioner. 2) Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 – Sections 34, 34-A – Alienation of immovable trust property requires prior statutory sanction and publication of intended transaction; rent must be fixed with reference to market value by a constituted Committee.
1) Representation of People Act, 1951 – Section 125-A – This provision penalizes candidates for furnishing false information in affidavits accompanying nomination papers, and its penal provisions operate notwithstanding anything contained in any other law. 2) Code of Criminal Procedure, 1973 – Section 195(1) – This section bars courts from taking cognizance of certain offences punishable under Sections 172 to 188, IPC, except on complaint by a public servant concerned or an administratively subordinate public servant.
1) Prevention of Corruption Act, 1988 – Section 17A – Prior approval for investigation is required only where the alleged offence is relatable to recommendations or decisions taken by a public servant in discharge of official functions or duties. 2) Criminal Procedure – Sanction for prosecution under Section 19 of the PC Act is procedural and absence thereof before cognizance may amount to irregularity but does not vitiate the trial if obtained before trial.
1) Public Auction – Chandigarh Estate Rules, 2007 – Rule 5 and General Terms – State has the authority to accept, reject, adjourn, postpone or cancel an auction without assigning reasons before execution of conveyance deed; the power is exercisable to protect public interest and maximize public revenue. 2) Contract Law – Indian Contract Act, 1872, Section 2(h) – Agreement to Sell is not an enforceable contract until conveyance deed is executed; until then, parties’ rights are governed by conditions in auction rules and terms.
1) Criminal Law – Bail – Grant of bail requires consideration of investigation completeness, risk of tampering with evidence, and conduct of accused – Bail not to be denied indefinitely merely on gravity of allegations. 2) Prevention of Corruption Act, 1988 – Sections 7(c), 9, 10, 12, 13(1)(a), 13(2) – Enormous financial impropriety with institutional collusion in public welfare projects merits serious scrutiny but does not preclude bail if investigation is complete and no further custodial interrogation required.
1) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 – Section 14 – Amendment conferring Special Courts power to directly take cognizance for speedy trial does not oust Magistrate's jurisdiction to take cognizance and commit cases, and procedural irregularity in initial Magistrate's cognizance does not vitiate subsequent proceedings without proof of prejudice or failure of justice. 2) Criminal Procedure Code – Sections 460 and 461 – Distinguishing irregularities not vitiating proceedings from those making proceedings void; a Magistrate taking cognizance without legal empowerment but in good faith does not render proceedings void under Section 460(e), absent demonstrated prejudice.
1) Service Law – Equal Pay for Equal Work – Contractual employees are entitled to equal pay if they discharge work of equal value to regular employees, subject to proving parity in duties, qualifications, responsibilities, and other relevant factors. 2) Administrative Law – Writ of Certiorari – A writ can be issued if the decision is based on no evidence or the tribunal/authority fails to apply relevant legal parameters and provides no reasoned order.
1) Revenue Law – U.P. Zamindari Abolition and Land Reforms Act, 1950 – Section 341 and U.P. Zamindari Abolition and Land Reforms Rules, 1952 Rule 339 confer statutory basis for review jurisdiction on appellate revenue authorities including the Commissioner in suits under Section 229-B. 2) Procedural Law – Code of Civil Procedure, 1908 – Order XLVII Rule 1 – Grounds for review are confined to error apparent on the face of record, discovery of new and important matter/evidence with due diligence, or sufficient reason recognized by law, and review cannot be substituted for an appeal or rehearing on merits.
1) Criminal Law – Offence under Section 316 BNS – Dishonest misappropriation of entrusted funds by a partner amounts to criminal breach of trust irrespective of existence of arbitration clause for civil disputes. 2) Criminal Procedure – Section 438 CrPC – Grant of anticipatory bail – Economic offences constitute a class apart requiring cautious and sparing exercise of extraordinary power; grant of anticipatory bail not a rule but an exception in serious financial fraud cases.
1) Education – Affiliated Institutions – Private Unaided Minority Colleges – Binding Effect of Government Notifications – Such institutions, by seeking affiliation, become subject to statutory and regulatory conditions including prescribed pay scales for non-teaching employees. 2) Administrative Law – Notification Publication – Requirement of Gazette Publication – Non-publication of notifications in the Official Gazette may affect enforceability only if expressly mandated by the enabling statute; absence of such mandate does not render notification invalid.
1) Indian Penal Code; Sec 376(2)(i) & POCSO Act, 2012; Sec 6 – The punishment for aggravated penetrative sexual assault under Section 6 of the POCSO Act prior to its 2019 amendment is not substitutable retrospectively with the enhanced penalty introduced by the amendment. 2) Evidence – The unshaken testimony of the victim corroborated by medical evidence suffices to sustain conviction for offences of kidnapping, inducing a minor, and aggravated penetrative sexual assault under the relevant Penal Code and POCSO provisions.
1) Arbitration and Conciliation Act, 1996 – Section 9 – Court’s power to grant interim measures in aid of arbitration requires existence of a prima facie case, balance of convenience in favour of the applicant, and risk of irreparable harm if relief is refused. 2) Companies (Meetings of Board and its Powers) Rules, 2014 – Rule 8 – Removal of key managerial personnel, including CEO, must be effected only by a resolution passed at a duly convened Board meeting.
1) Indian Penal Code, Sec 498-A – Dowry Cruelty – Specific instances and continuous or proximate acts of cruelty must be established to hold accused liable under Section 498-A. 2) Indian Penal Code, Sec 306 and Sec 107 – Abetment to Suicide – Mens rea and proximate causal link are essential elements to attract conviction under Section 306 IPC.
1) Statutory Provisions - Assam State Acquisition of Lands Belonging to Religious or Charitable Institutions of Public Nature Act, 1959, Section 25-A — The Managing Committee under Section 25-A is mandated to exercise control over the utilisation of annuity and verification of the proper maintenance of the institution’s accounts, but does not possess overarching authority over overall management. 2) Civil Procedure and Customary Rights — The existence of an earlier civil court settled management scheme or recognized customary rights does not extinguish the statutory duty to constitute a Managing Committee under Section 25-A, provided the Committee’s limited role is confined to its statutory mandate.
1) Central Goods and Services Tax Act, 2017 – Section 29 – Requires that cancellation of registration must be preceded by a Show Cause Notice specifying reasons for cancellation, and the cancellation order must state the reasons thereof. 2) Central Goods and Services Tax Act, 2017 – Sections 73(10), 74(10), and 29 – Time limits and procedural requirements for revocation of cancellation of registration and filing of returns must be complied with, but courts may allow extended timelines where procedural lapses or non-communication of cancellation exists.
1) Central Goods and Services Tax Act, 2017 – Section 29 – Cancellation of Registration – Requirement of providing reasons in the Show Cause Notice and cancellation order – Non-compliance renders the order liable to be quashed. 2) Central Goods and Services Tax Act, 2017 – Sections 39, 73(10), 74(10) and 44 – Filing of returns, timeline for revocation of cancellation, and computation of period for assessment of tax dues – Strict adherence to statutory timelines is necessary but extension may be considered based on facts and equity.
1) Natural Justice – Principles of natural justice require that an occupier alleged to be an unlawful occupant must be given a fair opportunity to present his claim and the authority must pass a speaking order before eviction. 2) Constitutional Law – Articles 14, 19, and 21 mandate due process and reasoned decisions in eviction proceedings impinging on fundamental rights of livelihood and residence.
1) Motor Vehicles Act, 1988 – Section 166 – Legal Representatives – The statute allows a legal representative, irrespective of dependency status, to institute and maintain a claim for compensation. 2) Motor Vehicles Act, 1988 – Compensation – The right to compensation crystallizes on the filing of the claim petition and is not extinguished by the death of a claimant during the proceedings.
1) Bail – Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 – Provides the procedure and criteria for grant of bail in cases under the statute including consideration of investigation status and antecedents. 2) Protection of Children from Sexual Offences Act, 2012 – Sections 8 read with 7 and 10 read with 9 – Enforce strict protection of child victims and safeguard the trial process; bail is not an absolute right but can be granted on appropriate conditions balancing the interests of accused and victim protection.
1) Narcotic Drugs and Psychotropic Substances Act, 1985 – Section 37 – Bail provisions for offences involving commercial quantity restrict the Court’s jurisdiction to grant bail unless reasonable grounds exist to believe accused are not guilty and unlikely to commit offence while on bail. 2) Bharatiya Nagarik Suraksha Sanhita, 2023 – Section 48 and Article 22(1) of the Constitution – Requirement to communicate grounds of arrest to relatives within a reasonable time; delay does not vitiate trial if communication occurs prior to production before Magistrate and no prejudice caused.
1) Criminal Procedure – Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 – inherent powers of the High Court to grant pre-arrest bail to prevent abuse of process and ensure justice. 2) Bail – Conditions and necessity – Bail may be granted where custodial interrogation is not necessary and sufficient material does not connect accused to offence at the initial stage.
1) Criminal Procedure – Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 governs the grant of regular bail and contemplates consideration of the nature of offence, evidence on record, and the stage of investigation/trial. 2) Protection of Children from Sexual Offenses Act, 2012 – Sections 4(1) r/w 3(a) and 12 r/w 11(iv) pertain to sexual offences against minors, mandating stringent safeguards but also require that evidence of force or absence of consent be considered in bail determinations.
1) Criminal Law – Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B) – Possession of contraband – Bail considerations involve weighing nature of offence, stage of investigation, antecedents, and possibility of tampering with evidence. 2) Bail – Principles governing grant of regular bail – Where investigation is near completion, recovery effected, and accused has no criminal antecedents, bail can be granted subject to stringent conditions to ensure cooperation and prevent interference with investigation.
1) Bail – Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 – Principles governing grant of regular bail to accused, especially regarding consent and age difference with minor victims. 2) Protection of Children from Sexual Offenses Act, 2012 – Sections 6(1) and 5(j) – Punishment and application in cases involving sexual intercourse with a minor, and implication for bail proceedings.
1) Criminal Procedure – Bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 – Bail is a rule and jail is an exception, especially where investigation is near completion and there is no requirement for further detention. 2) Indian Penal Code – Sections 406 (criminal breach of trust), 420 (cheating), 468 (forgery for purpose of cheating), and 471 (using as genuine a forged document) – The mere existence of allegations will not preclude grant of bail if the accused is not a flight risk or threat to the investigation.
1) Criminal Procedure – Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) vests inherent powers in the court to quash or prevent abuse of process but such power to grant pre-arrest bail can only be exercised in exceptional cases with recorded reasons. 2) Criminal Law – Grant of Pre-arrest Bail – The severity and gravity of the offence and the prima facie evidence against the accused are critical factors against granting pre-arrest bail to safeguard investigation and public order.
1) Criminal Law – Indian Penal Code, 1860 – Sections 109, 118, 120B, 324, 326, 307, 302, 465, 471, 201, 34 – Bail – Bail is generally not granted in serious offences involving common intention to commit murder, particularly when the trial is at an advanced stage. 2) Arms Act, 1959 – Sections 27(3), 7(a) – Bail – Usage of arms in furtherance of a crime increases severity, warranting denial of bail at advanced trial stage.
1) Criminal Procedure – Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 – Bail – The provision grants the courts discretion to grant bail based on factors like stage of investigation, antecedents of accused, and likelihood of tampering with evidence. 2) Criminal Law – Offences Against Person – Sections 126(2), 115(2), 118(1), 109(1), r/w Section 3(5) of Bharatiya Nyaya Sanhita, 2023 – Seriousness of the offences and common intention – Bail may be refused if accused are likely to commit similar offences or tamper with witnesses.
1) Criminal Procedure – Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 – Bail – Courts have discretion to grant bail when the investigation and interests of justice warrant release, especially upon settlement between parties or absence of continued threat. 2) Criminal Law – Offences under Bharatiya Nyaya Sanhita, 2023 (Sections 110, 115(2), 118(1), and 296(b)) – The nature and gravity of offences are relevant for bail but can be balanced against factors such as family settlement and cooperation with investigation.
1) Criminal Procedure – Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 empowers the Court to grant regular bail considering the stage of investigation and nature of offence. 2) Criminal Law – Bharatiya Nyaya Sanhita, 2023, Section 109(1) defines punishment for abetment of offences including attempt to commit an offence, which influences bail consideration balancing the gravity of offence and applicant’s antecedents.
1) Service Law – Transfer of Employees – The power to transfer a public servant in a transferable service is an administrative prerogative of the employer and courts ordinarily do not interfere unless mala fide, violation of statutory provisions, or detriment to career prospects is demonstrated (Article 226 of the Constitution). 2) Water (Prevention and Control of Pollution) Act, Section 11A – Delegation of Powers – Powers of general administration, including transfers, delegated by the Board to its Chairperson under Section 11A are valid and inclusive of the authority to transfer incumbents with their posts.
1) Criminal Procedure Code – Section 483 – Bail – Bail is to be granted when further detention is not necessary for the investigation or trial. 2) Indian Penal Code – Section 420 and Information Technology Act – Section 66D – Offences involving cheating and impersonation – Bail considerations depend on evidence and potential to tamper with prosecution or witnesses.
1) Criminal Procedure – Bail – Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 empowers courts to grant bail during trial subject to conditions and the facts of the case. 2) Excise Law – Kerala Abkari Act, Section 55(i) and Cigarettes & Other Tobacco Products Act, Section 6(b) – Offences relating to illegal sale and storage of liquor and banned tobacco products subject to strict procedural discretion in bail matters.
1) Criminal Procedure – Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 – The High Court’s power to grant pre-arrest bail under inherent jurisdiction is discretionary and can only be exercised in exceptional cases where recorded reasons justify such interference. 2) Excise Law – Kerala Abkari Act, 1 of 1077, Section 55(g) – Offence involving illegal possession/seizure of liquor requires custodial interrogation and safeguards to prevent interference with investigation before bail is granted.
1) Criminal Procedure – Section 483, Bharatiya Nagarik Suraksha Sanhita, 2023 – Bail provisions and the court’s discretion to grant bail based on involvement and evidence against the accused. 2) Criminal Law – Conspiracy and Extortion – The liability of an accused in a joint criminal enterprise and the differentiation in the degree of participation relevant for granting bail.
1) Juvenile Justice (Care and Protection of Children) Act, 2015 – Section 12 – Bail – Mandates that a child in conflict with law shall be released on bail unless reasonable grounds exist to believe that release will expose the child to moral, physical, or psychological danger or defeat the ends of justice. 2) Juvenile Justice (Care and Protection of Children) Act, 2015 – Section 12 Proviso – Requires the Juvenile Justice Board to record specific reasons when refusing bail to ensure protection of the child’s best interests and rehabilitation.
1) NDPS Act – Section 8/15 and 29 – Allows seizure of vehicles used in commission of offence; interim custody of seized vehicles may be granted subject to safeguards. 2) Criminal Procedure – Section 497 and 503 of BNSS 2023 – Provide for release of seized property on security/supurdginama to protect ownership rights and avoid prejudice during trial.
1) Motor Vehicles Act, 1988 – Section 173(1) – Liability of insurer under insurance policies for vehicles engaged in agricultural activities. 2) Insurance Law – Farmers Policy Package – Coverage applicability dependent on the vehicle’s usage at the time of the accident.
1) Criminal Procedure – Bail under Section 483 BNSS – Bail may be granted considering age, health, completed investigation and risk of absconding or tampering with evidence. 2) Criminal Law – Arms Act – Bail considerations include nature and gravity of offence and antecedents of accused but bail is not denied solely on past criminal history without assessing current facts.
1) Arbitration and Conciliation Act, 1996 – Section 11(6) and Seventh Schedule – Appointment of Arbitrator – Persons connected with parties or dispute are ineligible; retired government officers may be appointed unless otherwise disqualified. 2) Arbitration and Conciliation Act, 1996 – Section 11(6) – Scope of judicial review of Arbitrator appointment – Review proceedings post appointment are circumscribed and limited to correction of errors apparent on the face of the record; no power to revisit substantive findings or re-appreciate issues once arbitration has commenced.
1) Banking Regulation Act, 1949 – Section 36ACA – The Administrator acts as a substitute for the Board of Directors and exercises only such powers explicitly conferred by statute or scheme; powers beyond those conferred are ultra vires. 2) RBI Master Circular Basel III Capital Regulations – Annex 16 – The write-down of AT-1 Bonds at the Point of Non-Viability (PONV) trigger must occur before any reconstitution/amalgamation and is to be exercised by the RBI; the Administrator cannot exercise this regulatory power absent specific authority.
1) Arbitration and Conciliation Act, 1996 – Section 31(7)(a) – The power of an Arbitral Tribunal to award interest during the pre-award period is subject to the parties' agreement; a contractual clause excluding such interest binds the arbitral tribunal. 2) Contractual Interpretation – The phrase "or otherwise" in contractual clauses is a residuary term, intended to cover all other contingencies not specifically enumerated and cannot be restricted by applying the ejusdem generis principle where preceding terms are disjunctive and broad in scope.
1) Consumer Protection Act, 1986 – Section 14(1)(d), Section 22 – Enables consumer forums to award compensation for loss or injury suffered due to deficiency in service. 2) Indian Contract Act, 1872 – Sections 64, 65, 70, 72 – Doctrine of unjust enrichment mandates return of benefits wrongly retained, obliging repayment of amounts paid under a contract which has become void or rescinded.
1) Constitutional Law – Articles 15(4), 16(4), 341 – Conversion and Backward Classes – Conversion from Hinduism to Islam severs the legal foundation of caste-based affirmative action entitlements under Hindu social order, including Scheduled Caste status, which cannot be carried forward to Muslim Backward Classes by mere conversion. 2) Constitutional Law – Article 14 – Classification and Reservation – Reservation benefits must be accorded to constitutionally identifiable classes possessing common social backwardness; conversion alone does not create membership of notified Muslim Backward Class communities; classification must have intelligible differentia and rational nexus to the object of reservation.
1) Insolvency and Bankruptcy Code, 2016 – Sections 3(12), 7 & 62 – The evidentiary threshold for default determination under Section 7 is a preponderance of probabilities based on documentary evidence and does not require forensic reconciliation or conclusive quantification. 2) Insolvency and Bankruptcy Code, 2016 – Section 7 and Information Utilities – Records of default issued by an Information Utility carry a presumption of high evidentiary value, sufficient to establish default unless displaced by clear, cogent, and credible material.
1) Elections – Initiation of election proceedings before term expiry entitles Committee to hold elections notwithstanding administrative delays; procedural lapses not attributable to the Committee will not defeat election rights. 2) Scheme of Administration – Provisions prescribing timelines for election-related resolutions are directory, not mandatory, allowing flexibility where delay occurs without fault of the Committee.
1) Constitutional Law – Article 243-E – Mandate for timely Panchayat elections – Completion of empirical inquiry regarding reservations is not a valid ground for deferring elections beyond statutory term. 2) Panchayat Raj Act, 1947 – Section 12(3-A) – Appointment of Administrator – Valid exercise of power to appoint outgoing Pradhans as Administrators during unavoidable circumstances or public interest pending elections.
1) Constitutional Law – Article 170(2) – Mandates that territorial constituencies should have population ratios “so far as practicable” equal throughout the State, allowing reasonable latitude for administrative and geographical considerations. 2) Delimitation – Section 10(2) of the Delimitation Act, 2002 – Orders of the Delimitation Commission published in the Gazette shall have the force of law and judicial review is limited to want of legislative competence or violation of fundamental rights.
1) Indian Penal Code, Sec 304-B – Dowry Death – Death of a woman caused by burns or bodily injury or otherwise under abnormal circumstances within seven years of marriage, coupled with proof of cruelty or harassment soon before death in connection with demand for dowry, gives rise to a presumption of dowry death liability on the husband or relative. 2) Indian Evidence Act, Sec 113-B and Sec 106 – Presumption of dowry death and burden of proof resting on the accused to explain circumstances within his special knowledge when the death occurs inside the matrimonial home under suspicious circumstances.
1) Maharashtra Stamp Act, 1958 – Sections 47 and 48 – Section 47 provides the substantive right to claim refund of stamp duty where an instrument fails its intended purpose; Section 48 prescribes the limitation period to make such a claim, including a special proviso for cancellation of registered agreements. 2) Stamp Duty – Instrument Classification – The true nature of the instrument and the basis on which stamp duty was paid must be examined holistically, and the title or description alone cannot determine entitlement to refund or applicability of the limitation proviso.
1) Maharashtra Stamp Act – Section 48(1) – Limitation for refund of stamp duty – The unamended provision allowed refund claims within two years for cancellations due to failure of purpose such as non-delivery of possession – critical to protect vested rights arising before amendment. 2) Constitutional Law – Retrospective effect of laws – A limitation provision reducing the period for refund claims cannot be applied retrospectively to deprive parties of rights accrued under the earlier longer limitation period, ensuring fairness and protection of vested rights.
1) Land Acquisition – National Highways Act, 1956 – Proper measurement and correct mutation entries are essential prerequisites for valid Award under the Act. 2) Administrative Law – Duty to rectify mistakes in official records and to grant due compensation when error in mutation or measurement is found.
1) Indian Penal Code, Section 307 – Attempt to Murder – Use of deadly weapon and grievous injury to vital part of the body constitute serious offence adversely affecting bail considerations. 2) Criminal Procedure – Bail and Suspension of Sentence – Grounds for granting bail pending appeal include assessment of prima facie merits, nature of offence, evidence strength, and period of incarceration.
1) Indian Penal Code, Sec 377 – Sexual Offences – The offence of unnatural sexual acts with a minor requires proving non-consensual penetration corroborated by victim’s testimony and medical evidence. 2) Protection of Children from Sexual Offences Act, 2012 – Child Sexual Abuse – Victim’s age must be categorically established and corroborated evidence including medical findings are critical to sustain conviction under the Act.
1) Service Law – Employment Confirmation and Disciplinary Action – Suppression of material information on criminal cases in attestation form renders appointment voidable and justifies dismissal without departmental inquiry. 2) Industrial Law – Status of Employee – Completion of statutory period for confirmation (e.g., 240 days) relevant only for retrenchment purposes under Industrial Disputes Act and does not automatically confer permanent status necessitating departmental inquiry.
1) Service Law – Contractual Employment – Seasonal employees engaged purely on a temporary basis for workload of seasonal nature cannot claim regularisation or permanent appointment absent statutory or contractual provision. 2) Administrative Law – Natural Justice – Termination of seasonal employment without reasons does not violate natural justice when engagement is clearly contractual, temporary, and terminable on efflux of time or as per terms.
1) Stamp Law – Bombay Stamp Act, 1958, Section 48(1) and proviso – Refund of stamp duty – The proviso prescribes an extended two-year limitation period for refund claims either from the date of the Agreement to Sell where possession is refused or from the date of registration of the cancellation deed on enumerated grounds including disputes regarding the premises. 2) Limitation – Refund of tax or stamp duty – A bona fide claim for refund arising from cancellation of an agreement should not be rejected merely on technical grounds of limitation when the claim falls within the extended period and statutory grounds, emphasizing fairness and equity in fiscal matters.
1) Maharashtra Co-operative Societies Act, 1960 – Section 91 – Maintainability of Disputes – A Dispute relating to redevelopment must satisfy the twin conditions: (a) redevelopment is included as the business of the society by amending its by-laws post 2019 Amendment Act, and (b) no third-party rights or interests in society property have been created before filing the Dispute. 2) Maharashtra Co-operative Societies Act, 1960 – Section 94(3) – Prohibition against impleading third parties who have acquired interest in society property before institution of Dispute – Such third parties cannot be parties to the Dispute; remedy against rights created in their favor lies before Civil Court only.
1) Code of Civil Procedure, 1908 – Section 24 – Empowers High Courts to transfer suits from subordinate courts to ensure ends of justice and convenience by avoiding conflicting decisions and duplicative proceedings. 2) Probate and Succession Law – Testamentary Suits and Partition – The outcome of probate or letters of administration proceedings directly affects the estate subject to partition, thus hearing such matters together facilitates judicial economy and consistency in adjudication.
1) Arbitration and Conciliation Act, 1996 – Section 11 – Empowers the Court to appoint an arbitrator where parties fail to agree or the agreement is invoked, provided a valid arbitration agreement exists. 2) Arbitration and Conciliation Act, 1996 – Sections 11(8) and 12(1) – Require disclosure statements by the appointed arbitrator to ensure impartiality and independence.
1) Arbitration and Conciliation Act, 1996 – Section 11 – empowers the Court to appoint an arbitrator upon the request of a party when disputes arise under a valid arbitration agreement. 2) Arbitration – Invocation and Reference – A valid and subsisting arbitration agreement, once invoked by one party by a written notice, entitles the aggrieved party to seek appointment of arbitrator under Section 11 of the Act.
1) Intellectual Property – Derivative Works – A derivative work must recast, transform or adapt protected elements such as storyline, characters or plot; mere thematic or titular similarity without substantial commonality does not constitute infringement or breach of contract. 2) Trademark and Passing Off – Film Titles – Film titles, especially generic or laudatory words, acquire protection only upon proof of secondary meaning and likelihood of confusion; mere identical or similar titles without proprietary distinctiveness or actual misrepresentation do not sustain passing off claims.
1) Arbitration and Conciliation Act, 1996 — Section 11 — Appointment of Arbitrator — Valid invocation of arbitration agreement and subsistence of the agreement entitles the party to seek appointment of an arbitrator by the Court. 2) Arbitration Proceedings — Jurisdiction — Court’s jurisdiction to appoint arbitrator is invoked upon proof of existence and invocation of arbitration agreement by the party.
1) Arbitration and Conciliation Act, 1996 – Section 11 – Empowers the Court to appoint an arbitrator where the arbitration agreement provides for arbitration but the parties are unable to agree on the arbitrator or no arbitrator has been appointed. 2) Arbitration Agreement – Valid invocation of arbitration clause by notice under the contract enables the Court to facilitate arbitration proceedings through appointment of an arbitrator.
1) Arbitration and Conciliation Act, 1996, Section 11 – Empowers Court to appoint an arbitrator when parties fail to do so after invoking a valid arbitration agreement. 2) Arbitration Agreement – A subsisting and valid arbitration clause, once invoked by a party through notice, mandates reference of disputes to arbitration.
1) Arbitration and Conciliation Act, 1996, Section 11 – Court’s power to appoint an arbitrator arises when there is a valid and subsisting arbitration agreement and one of the parties invokes it properly. 2) Arbitration and Conciliation Act, 1996 – Invocation of arbitration agreement by issuing a valid notice constitutes a prerequisite to Court’s intervention for appointment of arbitrator under Section 11.
1) Service Law – Temporary/Contractual Appointment – Employees appointed for a specific project or scheme including emergency situation have services co-terminus with the project or scheme and no right to permanency arises upon completion or cessation. 2) Service Law – Regularisation – Contractual or ad hoc appointment without adherence to regular recruitment process confers no legal right to permanency or absorption unless continued voluntarily for 10 years or more under sanctioned posts without interim court protection.
1) Negotiable Instruments Act, Section 4 – Promissory Note – A promissory note must contain an unconditional undertaking to pay a certain sum of money; any conditional or mixed instrument involving transfer of property in lieu of money does not qualify as a promissory note. 2) Civil Procedure Code, Order XVI Rule 1 – Importance of framing proper issues – Courts must frame issues crucial to the determination of the suit’s maintainability and grant parties opportunity to prove their case on such issues.
1) Service Law – Promotion – Assessment of ACRs earned during ERE duty within the same organization cannot be disregarded for promotion consideration as such service is integral to the employee's tenure. 2) Service Law – Promotion Criteria – Consent to ERE posting does not prejudice the personnel’s right to have ACRs earned during such posting considered in promotion eligibility.
1) Service Law – Assam Rifles Act, 2006, Section 11(1) and Assam Rifles Rules, 2010, Rule 20 – Conditions for dispensing with regular Force Court trial require clear satisfaction that trial is inexpedient or impracticable and retention undesirable. 2) Service Law – Assam Rifles Rules, 2010, Rules 49 and 183(8) – Procedural safeguards including right to cross-examination of witnesses and opportunity to meet adverse material are essential before imposing major penalties without a trial.
1) Foreigners (Tribunals) Order, 1964 – Paragraph 3(5)(f) permits service of notice by pasting it on the residence of the alleged foreigner when physical service is not possible. 2) Constitutional Law – Article 226 – Principles of natural justice require that an ex parte order should not be passed without proper service and opportunity to be heard, especially where there is credible evidence of residence and absence of actual notice.
1) Service Law – Eligibility Criteria – Appointment – An appointment found to be unchallenged over a prolonged period and followed by subsequent promotion cannot be lightly reversed on technical grounds relating to educational qualifications initially prescribed. 2) Promotion – Regularization – Continuous service and fulfillment of promotional service criteria coupled with unequal treatment relative to similarly placed employees warrant promotion and doctrinal protection against arbitrary administrative reconsideration.
1) Service Conditions – Service Linked Advancement Scheme (SLAS) – Financial upgradation under a scheme addressing stagnation is a personal scale benefit distinct from regular promotion and must be determined according to the scheme terms and eligibility conditions as on the relevant date of entitlement. 2) Service Conditions – Scheme Modification – Modification of service conditions or pay structures with immediate effect cannot be applied retrospectively to revoke or diminish vested rights accrued prior to the modification in the absence of express provision for retrospective operation.
1) Motor Vehicles Act, 1988 – Liability and Compensation – Mere occurrence of head-on collision does not establish contributory negligence; objective evidence must substantiate negligence on the part of the deceased. 2) Compensation – Assessment of Income – For self-employed agriculturists, reasonable estimation of income supported by credible evidence like village headman certificate is acceptable for calculating compensation.
1) Negotiable Instruments Act, Section 4 – A promissory note requires an unconditional undertaking to pay a certain sum of money, distinguishing it from a mortgage or other instruments. 2) Civil Procedure Code, Order XLI Rule 1 and Section 96 – Proper framing of issues is essential for ensuring fair opportunity to parties to adduce evidence and for maintainability of a suit.
1) Contempt of Court – Criminal Contempt – Submission of forged documents or fabricated Power of Attorney that interferes with judicial proceedings – This constitutes an obstruction to justice under Contempt of Courts Act and warrants punishment. 2) Contempt Proceedings – Rule 16 of the High Court of Karnataka (Contempt of Court Proceedings) Rules, 1981 – Conviction warrant issuance and procedural safeguards in contempt proceedings.
1) Contract Law – Pledge – Share Pledge creates a proprietary security right requiring delivery or control over the pledged assets, conferring priority over unsecured personal guarantees. 2) Civil Procedure – Undertaking to Court – Oral undertakings not recorded in Court orders do not automatically nullify subsequently created security interests and require clear and recorded evidence to be enforced.
1) Public Interest Litigation – The writ petitions must be genuine, free from private malice or vested business rivalry, and not constitute abuse of process of law by proxy litigants. 2) Petroleum Rules, 2002 – Prior site approval under Rule 131 and NOC under Rule 144 must be issued after proper application of mind, compliance with mandatory guidelines and formats, and consideration of relevant reports from competent authorities.
1) Criminal Procedure – Seizure and Custody – Sections 497 and 503 of the Bharatiya Nagarik Suraksha Sanhita, 2023 confer discretion on Courts to order custody, release, or disposal of property pending trial to prevent its decay or damage. 2) Evidence and Trial Procedure – Ownership and Custody – Mere pendency of confiscation or trial proceedings does not bar release of seized vehicle to the rightful owner on furnishing appropriate bond and security.
1) Registration Act, 1908 – Section 17(2)(vi) – A decree or order of a Court except a decree or order expressed to be made on a compromise comprising immovable property other than that which is the subject-matter of the suit or proceeding is exempt from compulsory registration. 2) Adverse Possession – Title – Acquisition of title by adverse possession constitutes a pre-existing right and any decree declaring such right does not create a fresh right necessitating registration.
1) Service Law – Transfer and Deputation – Consent of employee not required where posting is within state government instrumentalities and salary is drawn from state exchequer. 2) Service Law – Transfer Policy – Reconsideration of transfer orders may be warranted where transfer occurs within a short duration, and vacant posts exist at previous station.
1) Service Law – Transfer – Administrative Exigency – Transfers during mid-academic session can be interfered with if hardship is caused to an employee’s children and no urgent administrative necessity is established. 2) Constitutional Law – Article 226 – Writ Jurisdiction – Delay in disposal of representation filed pursuant to court direction may justify quashing of transfer order and continuation in original posting till academic session ends.
1) Police Protection – Adult individuals who voluntarily solemnize marriage without coercion are entitled to protection from harassment and threats by their family or others. 2) Procedure – Petitioners may approach the Superintendent of Police or nearest police station to record statements and seek protection; police are obligated to act promptly upon credible threats as per Supreme Court precedents.
1) Service Law – Eligibility for Appointment – Mere holding of in-charge position does not confer eligibility for a higher post requiring substantive qualifications; eligibility must be determined by substantive post held. 2) Constitutional Law – Article 14 – Equality – Doctrine of negative equality is impermissible; illegal or irregular orders granted to others cannot be grounds for claiming similar relief, and each case must be decided on its own merits.
1) Service Law – Departmental Enquiry – The requirement of leading material evidence and examining witnesses in quasi-judicial departmental proceedings is mandatory to prove charges against a delinquent officer. 2) Service Law – Principles of Natural Justice – No punishment can be imposed on a charge that is not properly framed or put to the delinquent officer during the enquiry proceedings.
1) Service Law – Bihar Government Servants (Computer Competency for Recruitment and Confirmation) Rules, 2011 – Passing the required Computer Competency Test or obtaining valid exemption is mandatory for entitlement to higher increments. 2) Administrative Law – Pay fixation – Erroneous grant of increments or benefits contrary to statutory rules does not create a vested right and may be corrected by re-fixation even after considerable lapse of time.
1) Administrative Law – Public Contracts – Tendering and Auction Processes – A highest bidder acquires no indefeasible right to contract and the tendering authority may reject even the highest bid, provided the exercise of discretion is based on relevant material and is consistent with Article 14 of the Constitution. 2) Administrative Law – Public Contract Review – Judicial review permits courts to examine if the reason for rejection of the highest bid has a rational nexus with the subject matter and if the exercise of power is non-arbitrary, requiring relevant and sufficient material supporting the decision.