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1) Criminal Law – Code of Criminal Procedure, Section 227 – The Court considering discharge application must find a strong suspicion grounded on materials that prima facie disclose commission of an offence to proceed with trial. 2) Criminal Law – Indian Penal Code, Section 354C – Voyeurism requires the victim to be engaged in a ‘private act’ with reasonable expectation of privacy; mere clicking pictures without such context does not constitute the offence.
1) Service Law – Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 – Section 14 – Acquisition of Land – State Government’s power to acquire land for slum redevelopment is subject to the preferential right of the landowner to develop the land under the slum rehabilitation scheme. 2) Urban Planning – Maharashtra Regional and Town Planning Act, 1966 and Slum Rehabilitation Authority (SRA) Schemes – Regulation 33(10) of DCR 1991 and DCPR 2034 – Slum redevelopment requires consent of owner or acquisition under Section 14; owner’s preferential right must be exhausted before acquisition can proceed.
1) Excise Law – Central Excise Act, 1944 – Section 2(f) – Definition of "manufacture" includes all processes integrally connected so that each is essential for producing the final product – Importance in deciding whether cumulative processes amount to manufacture with aid of power. 2) Excise Law – Exemption Notification No.5/98-CE Entry No.106 – Exemption applicable only if the entire process of fabric processing is without aid of power – Use of power in any integral manufacturing process stage negates exemption.
1) Muslim Women (Protection of Rights on Divorce) Act, 1986 – Section 3(1)(c) and (d) – Entitles a divorced Muslim woman to receive mahr/dower and all properties given to her before, at, or after marriage by relatives or husband, establishing her right to claim these after divorce. 2) Constitutional Law – Article 21 (Right to Life and Personal Liberty) – Interpreting the 1986 Act in light of dignity, equality, and financial protection of divorced Muslim women supports purposive construction favoring women’s rights post-divorce.
1) Motor Vehicles Act, 1988 – Section 147 – Liability of Insurance Company – Insurance policy for goods vehicles does not cover gratuitous passengers, making the insurer not liable for compensation in such cases. 2) Motor Vehicles Act, 1988 – Section 166 – Compensation claims – Gratuitous passengers are not entitled to claim compensation from the insurer when traveling in violation of the policy terms in a goods vehicle.
1) Criminal Law – Prevention of Corruption Act, 1988 – Sections 7 and associated provisions – Prima facie evidence of demand and acceptance of illegal gratification is necessary for framing charge and proceeding to trial. 2) Criminal Procedure – Code of Criminal Procedure, 1973 – Section 227 (old) / Section 250 (new B.N.S.S. Act) – At discharge stage, court’s function is limited to ascertaining existence of prima facie material, not detailed evidence analysis.
1) Criminal Law – Code of Criminal Procedure, 1973 – Section 227 – Discharge – The court at discharge stage is to consider whether there is prima facie material to proceed against accused, not to conduct a detailed evidence analysis. 2) Criminal Law – Indian Penal Code, Section 306 – Abetment of Suicide – To attract liability, material must show proximate, cogent evidence of abetment or aiding in commission of suicide by accused.
1) Service Law – Unfair Labour Practices – Labour Court’s power to direct reinstatement with back-wages when termination is held illegal and employee was not gainfully employed during period of absence. 2) Service Law – Compensation in lieu of reinstatement – Principle that when employee attains superannuation during pendency of proceedings, lump-sum compensation may be awarded, but must be rational and reasoned.
1) Insurance Law – Motor Vehicle Act, 1988 – Section 149 – Liability of insurer – An insurance company is liable to indemnify only for accidents occurring during the validity period of the insurance policy. 2) Contract Law – Privity of Contract – Insurance coverage arises only after the contract becomes effective; no liability exists for incidents occurring prior to the contract commencement.
1) Depositories Act, 1996 – Section 16 – Liability of Depository – Depository is statutorily liable to indemnify beneficial owners for losses caused due to negligence of Depository Participants acting as its agents, regardless of Depository’s knowledge or direct involvement. 2) Securities and Exchange Board of India (SEBI) Circulars – Regulation and supervisory framework – SEBI circulars delineate the roles and responsibilities of Depositories and Stock Exchanges regarding unauthorized use of Power of Attorney (POA) by brokers and DPs and allocate compensation liability accordingly, reinforcing Depository’s obligation to compensate for negligent acts of DPs.
1) Service Law – Maharashtra Public Trusts Act, 1950 – Section 22 and Section 70A – Mandates an enquiry in prescribed judicial manner before accepting Change Reports affecting Trust administration and empowers Charity Commissioner to revise orders irrespective of locus standi of applicant. 2) Trust Law – Quorum and Trustee Removal – According to Trust Deed clause and judicial precedents, Change of Trustees requires valid quorum and proper notice to all Trustees, and any resolution passed without these is liable to be set aside.
1) Labour Law – Industrial Disputes Act, 1947 – Section 25F – Requires prior notice and payment of retrenchment compensation before termination of workmen – Non-compliance renders termination illegal and void. 2) Labour Law – Industrial Disputes Act, 1947 – Section 2(oo) – Definition of retrenchment includes oral termination – Oral termination without due process amounts to illegal retrenchment.
1) Civil Procedure – Code of Civil Procedure, 1908 – Order VI Rule 17 – Permitting addition of parties in execution proceedings depends on whether the proposed party can be made liable for the decree debt. 2) SARFAESI Act, 2002 – Section 13 – Auction purchaser of secured assets under SARFAESI Act does not assume liabilities of the defaulting party's business debts unless the entire business is sold as a going concern.
1) Criminal Law – CrPC Section 313 – The mandatory requirement to put all material incriminating circumstances appearing against the accused distinctly for explanation is essential to ensure a fair trial and the principle of natural justice. 2) Criminal Law – CrPC Section 313 – Non-compliance with the Section 313 examination procedure may cause prejudice to the accused, leading to a failure of justice, requiring remand or retrial to uphold due process.
1) Motor Vehicles Act, 1988 – Section 166 – Claims – Provides for claim of compensation for injury caused by the rash and negligent driving of a motor vehicle. Importance: Establishes the liability of insurer and driver to compensate the injured claimant. 2) Motor Accident Compensation – Multiplier Method – Application of appropriate multiplier based on the age of injured for calculation of compensation; reliance on judgment in Sarla Verma v Delhi Transport Corporation (AIR 2009 SC 3104) which clarifies correct multiplier usage. Importance: Accurate multiplier impacts rightful compensation amount.
1) Preventive Detention Law – Maharashtra Prevention of Dangerous Activities Act, 1981 – Section 3(1) – The detaining authority’s subjective satisfaction based on relevant material that a person is acting in a manner prejudicial to public order is essential for a valid detention order. 2) Constitutional Law – Article 21 of the Constitution of India – Right to Personal Liberty – Preventive detention orders must satisfy strict legal standards, including adequate communication of grounds and consideration of bail orders and material to uphold fundamental rights against illegal detention.
1) Criminal Law – Protection of Children from Sexual Offences Act, 2012 – Section 2(d) defines ‘child’ as a person below eighteen years; determination of victim’s age is crucial to invoke POCSO Act provisions. 2) Evidence – Ossification Test – Age determination through radiological ossification test carries a margin of error of two years on either side; upper limit of age range must be considered in child sexual offence cases, affecting applicability of POCSO.
1) Service Law – Maharashtra Employees of Private Schools (Conditions of Service) Act, 1977 – Section 5(2) – Continuous service on probation and statutory protection for permanent teachers – Once permanency is attained under the Act, termination without due process is illegal. 2) Service Law – Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 – Rules 35 to 37 – Prescribes the procedure for termination and imposition of penalties; non-adherence renders termination unlawful.
1) Electricity Law – Electricity Act, 2003 – Section 2(15) – Definition of Consumer – The term “consumer” requires sanctioning of electricity connection in the person’s name or authorisation by the licensee for electricity use; mere physical occupation or tenancy does not confer consumer status. 2) Electricity Law – Electricity Act, 2003 – Sections 126 & 127 – Unauthorised Use & Appeal – Section 126 mandates provisional and final assessments against persons found indulging in unauthorised use of electricity; appeals under Section 127 lie only with the “person aggrieved,” i.e., the person served with the assessment order and legally affected thereby.
1) Service Law – Maharashtra Cooperative Societies Act, 1960, Section 88 – Authority of the authorised officer to conduct enquiry and submit report ceases upon replacement by the Registrar; any act thereafter is without legal authority. 2) Administrative Law – Doctrine of functus officio – Once an officer’s statutory authority ends through replacement, he cannot continue quasi-judicial functions; acts done without authority are void even if officer is unaware of cessation.
1) Negotiable Instruments Act, 1881; Section 138 – Rights of complainant as victim to file appeal under related procedural law (BNSS/Cr.P.C.). 2) Criminal Procedure Code (BNSS, 2023), Section 413 (corresponding to Section 372 Cr.P.C.) – Right of victim (complainant) to prefer an appeal against acquittal.
1) Criminal Procedure Code; Section 2(wa), Section 372 (proviso), Section 378(4) – Interpretation of victim's right to appeal in cases under Section 138 of the Negotiable Instruments Act. 2) Negotiable Instruments Act, 1881; Section 138 – The complainant as the victim of a deemed offence, entitled to appeal against acquittal under the CrPC.
1) Criminal Law – Code of Criminal Procedure, 1973 – Section 125 – Maintenance – Obligation of liable person to provide maintenance to wife and children unable to maintain themselves. 2) Family Law – Maintenance – Principles relating to determination of maintenance amount considering the financial capacity of the husband and the needs of the dependents.
1) Criminal Procedure Code (Cr.P.C.) – Section 372 – Right of Victim to Appeal – Interpretation of "victim" under Section 2(wa) Cr.P.C. and its correspondence with BNSS Section 2(y). 2) Negotiable Instruments Act, 1881 – Section 138 – Complaint and Appeal Mechanism – Applicability of Supreme Court ruling in M/s. Celestium Financial v. A. Gnanasekaran recognizing complainant as victim with statutory appeal rights.
1) Criminal Law – Indian Penal Code, Sections 306, 406, 420, 120B, 114 – Abetment of Suicide – To convict under Section 306 IPC, there must be proof of suicidal death and active instigation or intentional aid by the accused with clear mens rea establishing proximate and live link to the suicide. Mere harassment or general allegations do not suffice. 2) Criminal Law – Indian Penal Code, Section 405/406 – Criminal Breach of Trust – Requires proof of entrustment of property to the accused and dishonest misappropriation or conversion with fraudulent intention at the time of transaction; mere breach of contract or transaction without dishonest intention is insufficient.
1) Constitutional Law – Article 226 – Writ of Habeas Corpus – The writ is an extraordinary discretionary remedy to secure immediate release from illegal or improper detention, including unlawful custody of minors; it is maintainable only when detention is without authority of law. 2) Guardianship – Hindu Minority and Guardianship Act, 1956, Section 6 & Section 13 – Natural guardianship by father does not override the paramount consideration of the welfare of the minor; guardianship and custody arrangements must prioritize the child’s welfare even if custody is not with the natural guardian.
1) Criminal Law – Indian Penal Code – Sections 299, 300, 302, and 304 – The distinction between murder (Section 302) and culpable homicide not amounting to murder (Section 304 Part I) depends primarily on the presence or absence of intention to cause death and the applicable exceptions under Section 300 IPC. 2) Criminal Law – Indian Penal Code – Section 300 Exception 4 – An act causing death during sudden fight without premeditation and heat of passion falls under Exception 4 to Section 300, thereby reducing the offence from murder to culpable homicide not amounting to murder.
1) Constitutional Law – Article 22(3) of the Constitution of India – Preventive Detention – This provision permits preventive detention as an extraordinary power to be used sparingly and only in rare cases as an exception to personal liberty under Article 21. 2) Criminal Law – Gujarat Prevention of Anti-social Activities Act, 1985 – Section 3(1) – Detention valid only if activities of detenue are prejudicial to the maintenance of public order and must be supported by sufficient material facts, not based on mere criminal charges where bail is granted.
1) Criminal Law – Indian Electricity Act, 1910, Section 39 – Theft of Energy – Dishonest abstraction constitutes offence – Proof must show dishonest abstraction by the accused for conviction. 2) Evidence Law – Indian Evidence Act, Sections 101 and 106 – Burden of Proof – The prosecution must prove the accused’s involvement beyond reasonable doubt, especially where confession statements are signed under protest and no documentary proof establishes ownership or control.
1) Companies Act, 1956 – Section 456 – Custody of Company’s Property – The liquidator’s authority to take custody of assets and properties is limited strictly to the property of the company undergoing winding up and does not extend to properties owned by third parties. 2) Company Law – Winding Up Proceedings – Possession of property not belonging to the company undergoing liquidation taken by the Official Liquidator without authority is illegal and must be restituted to the rightful owner.
1) Service Law – Medical Education – Postgraduate Medical Education Regulations, 2023 – Clause 10.10.1(G) of NEET-PG Information Bulletin mandates aggregate MBBS marks be correctly stated and is used as a tie-breaker criterion. 2) Constitutional Law – Article 226 – Court’s power to grant relief in cases where strict application of rules causes disproportionate prejudice due to inadvertent errors without mala fide intent.
1) Service Law – Compassionate Appointment – The entitlement to a particular class of post under compassionate appointment is subject to fulfillment of eligibility conditions, such as possession of required certificates (e.g., CIC certificate). 2) Service Law – Seniority and Promotion – An employee’s service on a particular class of post cannot be retrospectively altered to a higher class if the original appointment was based on the employee’s waiver or inability to fulfill conditions for that higher post.
1) Motor Vehicles Act, 1988 – Section 173 – Burden of proof and negligence – The claimant’s evidence supported by documentary proof such as FIR and panchnama can establish negligence on the part of the driver when the opponent fails to produce counter-evidence or examine material witnesses. 2) Motor Accident Claims – Principle of contributory negligence – Negligence can be apportioned on the basis of preponderance of probabilities where both parties share fault, resulting in proportionate reduction of compensation.
1) Land Acquisition Act, 1894 – Section 11 – Mandates that upon an Award passed under the Act, affected parties may submit Reference Applications to the Land Acquisition Collector, who is required to forward such applications to the appropriate Civil Court for adjudication. 2) Civil Procedure – Registration of Reference Applications – Timely and proper registration and forwarding of Reference Applications by the authority is essential to ensure the right of claimants to adjudication and to avoid delay which could financially burden the Government.
1) Criminal Law – Unlawful Assembly – Section 141 of IPC mandates that a minimum of five persons is required to constitute an unlawful assembly. 2) Criminal Law – House Trespass – Section 442 of IPC includes a police station as a building for the custody of property, thus applicable for trespass under Section 452 IPC.
1) Preventive Detention - PITNDPS Act, 1988 - The requirement of timely action in passing detention orders is crucial to maintain the connection between the prejudicial activity and the purpose of detention to protect fundamental rights. 2) Constitutional Law - Article 21 - The fundamental right to personal liberty is inherently connected to the procedural safeguards that ensure timely detention orders are made based on credible evidence, reinforcing the necessity of prompt action by authorities.
1) Service Law – Ad-hoc Employment – Regularisation – Entitlement to remuneration for periods of unauthorized or unextended service relied on orders of utilization by competent officials. 2) Administrative Law – Government Orders and Policy – Implied extension of service recognized by a subsequent regularization order premised on continuous service since a specified date.
1) Criminal Law – Unlawful Activities (Prevention) Act, 1967 – Section 3 and Section 10(a)(i) – Mere membership of a banned organization after notification under Section 3 attracts penal consequences without requirement of overt act. 2) Criminal Procedure – Section 482 Cr.P.C. – Scope of power to quash FIR – Delay in investigation or absence of overt act without mala fide or illegality does not justify quashing; courts exercise such power sparingly to prevent abuse of process.
1) Constitutional Law – Writ Petition – Right of Petitioner to Withdraw – A petitioner has the liberty to not press a writ petition further, resulting in its dismissal as not pressed. 2) Civil Procedure – Discontinuance of Proceedings – Courts may dispose of cases as not pressed upon petitioner’s express non-prosecution.
1) Service Law – Pension and Retirement Benefits – Annual Increment – As per Supreme Court judgment in Director (ADMN) and HR KPTCL v. C.P. Mundinamani, entitlement to annual increment crystallizes after completing requisite service with good conduct and is payable on succeeding day, including post-retirement increments. 2) Service Law – Pension – Supreme Court, Civil Appeal No.3933/2023 – Directions on grant of enhanced pension including increments to retired government employees, applicability dependent on date of retirement, date of filing petitions, and finality of judgments.
1) Service Law – Annual Increment – The entitlement to annual increment crystallizes upon completion of requisite service with good conduct and is payable on the succeeding day after completing such service (Reference: Director (ADMN) and HR KPTCL v/s C.P. Mundinamani, 2023 SCC OnLine SC 401). 2) Service Law – Pension and Retired Employees – Supreme Court’s directions in Union of India and another v/s M. Siddaraj (Civil Appeal No.3933/2023) specify the modalities for grant of annual increment or enhanced pension to retired employees including retrospective effect and criteria for filing petitions (dated 20.02.2025).
1) Service Law – Pension and Increment – As per the Supreme Court ruling in Union of India v. M. Siddaraj (Civil Appeal No.3933/2023), annual increment earned on the last day of service preceding retirement is payable, and enhanced pension including one increment accrues from 01.05.2023 onward, not retrospectively. 2) Administrative Law – Implementation of Judicial Directions – The Government is obligated to implement the Apex Court’s directions expeditiously, allowing affected employees to represent for benefits and restricting arrears entitlement to filings before the specified cut-off date.
1) Constitutional Law – Article 226 – Writ Jurisdiction – The availability of an alternative remedy under a special statute (SARFAESI Act, 2002) bars the invocation of writ jurisdiction unless exceptional circumstances exist. 2) SARFAESI Act, 2002 – Section 17 – Scope of “any person” Includes persons other than borrower or guarantor, yet statutory remedy under the Act is exclusive and primary for challenge of enforcement actions.
1) Criminal Law – Code of Criminal Procedure, 1973 – Section 311 – The power of the court to summon or recall any witness at any stage of the trial is discretionary but must be exercised with caution and only when the evidence of such witness is essential for just decision of the case. 2) Criminal Law – Section 311 Cr.P.C. – The court’s power under this provision cannot be used to fill lacunae in prosecution’s evidence or to cause delay and must not result in prejudice to the accused or unfair advantage to the opposite party.
1) Criminal Law – Code of Criminal Procedure, 1973 – Section 190 and 204 – Cognizance of offence and issuance of process require a reasoned order reflecting the application of judicial mind and formation of opinion that sufficient grounds exist for proceeding. 2) Criminal Law – Drugs and Cosmetics Act, 1940 – Section 34 and 19(3) – Liability of persons in charge of a company and non-applicability of charges against mere distributors or stockists without specific allegations.
1) Civil Procedure Code – Order 7 Rule 11 – Summary rejection of plaint – Plaintiff's plaint cannot be rejected on limitation or other grounds if the cause of action is not barred on the face of it and involves disputed questions of fact requiring trial. 2) Civil Law – Doctrine of Adverse Possession – Possession and title claims based on adverse possession involve factual inquiries which are inappropriate to be decided at the stage of Order 7 Rule 11 CPC.
1) Criminal Law – Narcotic Drugs and Psychotropic Substances Act, 1985 – Section 37 – Conditions for grant of bail in NDPS cases require compliance with stringent procedural safeguards and consideration of prima facie materials. 2) Criminal Law – Narcotic Drugs and Psychotropic Substances (Seizure, Storage, Sampling and Disposal) Rules, 2022 – Rule 3(4) – Mandates proper weighing, packaging, and numbering of seized packets in presence of witnesses and accused, ensuring legality and validity of seizure.
1) Civil Procedure Code – Order 7 Rule 11 CPC – Principles for Rejection of Plaint – Only averments in the plaint are to be considered for rejection; evidence or pleas by defendant cannot be examined at this stage; mixed questions of law and fact generally cannot justify rejection at the inception. 2) Civil Law – Mixed Questions of Law and Fact – In suits involving mixed questions of law and fact, including questions of limitation and possession, the suit should ordinarily be allowed to proceed to evidence rather than be dismissed summarily at the stage of plaint rejection.
1) Criminal Law – Code of Criminal Procedure, 1973, Section 439 – Bail – Bail may be granted when the prosecution evidence is circumstantial and does not form a complete chain to prove guilt beyond reasonable doubt. 2) Criminal Law – Indian Penal Code, Section 302 and 201 – Charge of murder and destruction of evidence requires strong prima facie material for denial of bail.
1) Civil Law – SARFAESI Act, 2002 – Section 13(8) – Borrower's Right of Redemption – The borrower has the right to redeem the secured asset by paying dues until the date of publication of the auction notice, after which the right is extinguished. 2) Civil Law – SARFAESI Act, 2002 – Enforcement of Security Interest – Once the sale notice for auction of secured property is published, the secured creditor may proceed with the sale without any further right of the borrower to redeem the property.
1) Criminal Law – Cr.P.C. Section 438 – Anticipatory Bail – The provision empowers Courts to grant anticipatory bail to an accused to prevent arrest in non-bailable offences, considering the facts and circumstances including age of the accused, nature of offence, and cooperation in investigation. 2) Criminal Law – Indian Penal Code Sections 403, 406, 418, 420, 426 – Offences Relating to Dishonest Misappropriation and Forgery – The framing of charges requires prima facie satisfaction that offences are made out supported by material like forensic reports and evidentiary facts indicating forgery and cheating.
1) Criminal Law – Indian Penal Code, Sections 304B, 498A – In cases of dowry death within seven years of marriage, the prosecution must establish cruelty or harassment soon before death related to dowry demands, attracting mandatory presumption under Section 113B of the Indian Evidence Act. 2) Criminal Law – Code of Criminal Procedure, Section 439(2) – The power to cancel bail may be exercised by courts considering legal infirmities in the original bail order or supervening circumstances affecting the fairness of trial.
1) Civil Procedure Code – Order XXXVIII Rules 5 & 8 and Order XXI Rule 58 – Attachment before judgment is a protective measure which cannot be invoked against property already transferred prior to the suit; claims to attached property are adjudicated via Order XXXVIII Rule 8 and Order XXI Rule 58, which do not replace substantive proceedings under Section 53 of the Transfer of Property Act. 2) Transfer of Property Act, 1882 – Section 53 – A transfer made with the intent to defeat or delay creditors is voidable, but the burden of proof lies on the party alleging fraud; bona fide transferees for consideration are protected, and such fraud must be established by a separate substantive proceeding, not merely through attachment claim petitions.
1) Arbitration and Conciliation Act, 1996 – Section 11(6) and Section 7 – Courts’ jurisdiction to appoint arbitrators is limited to a prima facie determination of the existence of a valid arbitration agreement; review of a Section 11(6) order is impermissible except to correct a patent or procedural error. 2) Arbitration and Conciliation Act, 1996 – Sections 4, 7, 11, 12(5), and 29A – Valid arbitration agreements exist where parties intend to arbitrate and participate in the process; unilateral appointment clauses violating impartiality and equality under Sections 11 and 12(5) are severable; continuation or extension of arbitral mandate by joint application under Section 29A can imply waiver under Section 4 but not a substitute for express waiver under Section 12(5).
1) Service Law – Insolvency and Bankruptcy Code, 2016 – Section 14 (Moratorium) – Moratorium under Section 14 protects only existing, enforceable, and subsisting rights or assets of the corporate debtor as on the insolvency commencement date; terminated contracts prior to CIRP initiation do not attract moratorium protection. 2) Contract Law – Termination of Contract – Section 60(5)(c) of IBC limits NCLT jurisdiction to disputes arising solely from or related to insolvency; valid contract termination for non-performance independent of insolvency cannot be interfered with by insolvency proceedings.
1) Negotiable Instruments Act, 1881 – Section 142(2) (as amended by the Negotiable Instruments (Amendment) Act, 2015) – Territorial Jurisdiction – Specifies that trial of offence under Section 138 shall be only by the court within whose local jurisdiction the branch of the bank where the payee or holder in due course maintains the account is situated for account payee cheques, or where the drawer maintains the account for bearer cheques, overriding general CrPC provisions on jurisdiction. 2) Criminal Procedure Code, 1973 – Sections 177, 178 and 179 – Territorial jurisdiction provisions – The offence under Section 138 is committed at the place where the cheque is dishonoured, but as amended by Section 142(2) of the NI Act, 1881, this general principle is superseded to avoid harassment and multiplicity of litigation.
1) Criminal Procedure Code; Section 528 BNSS (formerly Section 482 CrPC) – Inherent Powers of High Court – Scope and exercise of jurisdiction to quash criminal proceedings in the interest of justice. 2) Criminal Law – Compoundable and Non-compoundable offences – Distinction between compounding of offences under Section 320 CrPC and quashing of proceedings under inherent jurisdiction – Effect of settlement between parties on continuation of criminal proceedings.
1) Criminal Law – Quashing of FIR and criminal proceedings – Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (analogous to Section 482 Cr.P.C.) – High Courts have inherent jurisdiction to quash proceedings even for non-compoundable offences where continuation would be an abuse of process and ends of justice so require. 2) Criminal Law – Compounding of offences – Distinction between compounding under Section 320 Cr.P.C. and quashing under inherent jurisdiction – Quashing can be done irrespective of non-compoundability, focusing on restoration of peace and futility of prosecution.
1) Civil Law – Evidence – Onus and Standard of Proof – Preponderance of Probabilities applied in civil disputes regarding land ownership and encroachment. 2) Civil Procedure – Limitation Act – Suit for recovery of possession and injunction not barred when filed within limitation period from the date of encroachment.
1) Civil Procedure Code; Section 11 – Res Judicata – Bar to subsequent litigation on the same cause of action or grounds already decided by a competent court. 2) Family Law – Divorce – Insanity/Unsoundness of mind as ground of divorce – Requirement of clear and corroborated medical evidence to establish continuous mental disorder making cohabitation unreasonable.
1) Limitation Law – Section 5, Limitation Act, 1963 – Sufficient cause for condonation of delay – Delay cannot be condoned without satisfactory and bona fide explanation for inaction. 2) Procedural Law – Supreme Court rulings on condonation of delay – Delay due to negligence or inaction is not a sufficient cause; discretion to condone delay to be exercised judiciously considering facts and circumstances.
1) Civil Law – Motor Vehicles Act, 1988 – Section 166 – Compensation – The Tribunal must correctly assess the deceased’s occupation and income for fair computation of compensation to claimants. 2) Civil Law – Compensation – Heads of Damage – Claimants are entitled to compensation under distinct heads including loss of dependency, loss of consortium, loss of estate, and funeral expenses as recognized by Supreme Court precedents.
1) Motor Vehicles Act, 1988 – Section 149(2)(a)(i)(a) – The use of a tractor with an attached trailer or trolley for agricultural purposes does not convert the tractor into a transport vehicle requiring a separate driving licence or insurance coverage. 2) Insurance Law – Liability of Insurer – Attachment of a trolley to a tractor does not exempt the insurer of the tractor from liability for accidents involving both, even if no separate premium is paid for the trolley.
1) Criminal Law – Prevention of Corruption Act, 1988 – Sections 7, 8, 12, 13(1)(d) read with 13(2) – Essential ingredients of offence under PC Act include clear proof of demand and acceptance of gratification by accused beyond reasonable doubt. 2) Evidence – Appreciation of Evidence – The credibility and consistency of prosecution witnesses, corroboration of documentary evidence like panchnamas and voice recordings are critical to sustain conviction; contradictions and absence of connection between accused weaken the prosecution case.
1) Domestic Violence Law – Protection of Women from Domestic Violence Act, 2005 – Section 12 – Entitlement to Maintenance – The Act empowers courts to provide monetary relief to victims of domestic violence, including maintenance, compensation, and ancillary reliefs, considering the husband’s income and wife’s needs. 2) Domestic Violence Law – Protection of Women from Domestic Violence Act, 2005 – Compensation and Rent – Courts may award compensation and distinct amount for house rent to the aggrieved person to ensure livelihood and shelter under Section 18 and 20 of the Act if justified by evidence and circumstances.
1) Muslim Personal Law – Maintenance – A divorced wife is entitled to maintenance if she has no sufficient means and is neglected by the husband, irrespective of the existence of a Khulanama (divorce deed). 2) Domestic Violence Act, 2005 – Section 12 and Reliefs under Sections 17, 18, 19, 20 and 22 – Maintenance and monetary reliefs can be granted under PWDVA independently of maintenance under Section 125 Cr.P.C.; receipt of Section 125 maintenance does not bar relief under PWDVA.
1) Criminal Law – Prevention of Corruption Act, 1988 – Sections 7, 13(1)(d), 13(2) – It is essential for prosecution to prove the demand of illegal gratification as a sine qua non for conviction under these provisions. Mere possession and recovery of currency notes without proof of demand is insufficient to establish the offence. 2) Evidence – Proof of Demand – Demand and acceptance of illegal gratification must be clearly established by the prosecution to attract penal provisions under the Prevention of Corruption Act; failure to segregate official fees from bribe amount vitiates prosecution’s case.
1) Service Law – Bombay Public Trusts Act, 1950, Section 41D – Powers of Joint Charity Commissioner and administration of trust affairs by Committee of fit persons impacts validity of appointment approvals. 2) Education Law – Grant of approval for appointment and issuance of Shalarth Identity – Procedure and grounds for rejection must be supported by factual and legal correctness.
1) Motor Vehicles Act, 1988 – Section relating to liability of the insurer – An insurer cannot avoid liability on merely alleging breach of policy conditions by the driver without concrete proof and substantiation. 2) Evidence – Proof of Identity and Driving Licence – The claimant must prove beyond reasonable doubt the identity of the driver and that the driver was authorized, failing which liability may not be imposed on insurer.
1) Service Law – Appointment and Approval – Government Resolutions regulating recruitment and approval processes are generally prospective unless expressly made retrospective, and cannot invalidate appointments made prior to their enactment. 2) Administrative Law – Procedural Fairness – Authorities must consider factual matrix and give reasonable opportunity before rejection; rejection based solely on post-appointment norms without retrospective effect is unsustainable.
1) Constitutional Law – Constitution of India – Article 243-D – Reservation of seats in Panchayats must bear the same proportion to the population of Scheduled Castes, Scheduled Tribes, and backward classes in the Panchayat area and comply with the triple test laid down by the Supreme Court for OBC reservation. 2) Constitutional Law – Constitution of India – Article 243-O – Bars courts from interfering in delimitation of constituencies or allotment of seats and mandates election disputes be adjudicated only by election petitions as provided by State Legislature.
1) Administrative Law – Transparency and Fair Procedure – Right to a Fair and Transparent Public Auction Process – Non-disclosure or erroneous exclusion of a participant’s name without supporting evidence violates principles of natural justice and Article 14 of the Constitution. 2) Right to Information Act, 2005; Sec 7 – Obligation of Public Authorities to Provide Information – Failure to furnish electronic records and video footage upon RTI application constitutes violation of transparency and procedural compliance.
1) Motor Vehicles Act, 1988 – Section 173 – Principles for awarding compensation in motor accident claims, including assessment of dependency and application of multiplier based on the deceased’s age. 2) Evidence Law – Pleading and proof requirements – Necessity of raising specific pleas in written statements and adducing evidence to challenge claims or alter compensation calculations.
1) Administrative Law – Direction and Discretion – Authority competent to take decisions under government schemes – Apex Committee constituted under Clause 5)2 of the Jal Jeevan Mission guidelines holds competence to act on matters relating to implementation in the State. 2) Constitutional Law – Article 226 – Jurisdiction of High Court – Exercise of power to issue directions in Public Interest Litigation, with due regard to delegation and administrative competence.
1) Constitutional Law – Article 226 – Writ Jurisdiction – Disputed Questions of Fact – Established principle bars High Courts from adjudicating disputed factual issues in writ petitions except in exceptional cases involving infringement of fundamental rights. 2) Civil Procedure – Contractual Disputes – Alternate Remedies – Contractual payment disputes involving factual controversies are appropriately adjudicated by civil courts or arbitration forums, not by writ courts.
1) Criminal Law – Indian Penal Code, Sections 498-A and 306 – Cruelty and Abetment of Suicide – Cruelty must be wilful and of such nature likely to drive a woman to commit suicide; mere domestic quarrels or petty incidents are insufficient to attract Section 498-A or 306 IPC. 2) Criminal Law – Indian Penal Code, Sections 107 and 306 – Instigation or abetment requires proximate and substantial evidence of active role or intent; instigation must have reasonable certainty to have caused the suicidal act.
1) Limitation Law – Section 5, Limitation Act, 1963 – Provides that courts may condone delay in filing appeals or applications beyond the prescribed period if sufficient cause is shown by the appellant or applicant. The concept of sufficient cause involves a liberal but reasoned judicial discretion based on bona fide and due diligence. 2) Limitation Law – Judicial Precedents on Condonation – The doctrine of “liberal approach” must be balanced with principles of equity and sound public policy; inordinate and unexplained delays without bona fide cause are not condonable, especially where delay causes prejudice to the opposite party.
1) Motor Vehicles Act, 1988 – Sections 158(6) and 166(4) – The Tribunals have a statutory duty to award just compensation and should avoid dismissing claims on purely technical grounds such as default when the matter deserves adjudication on merits. 2) Civil Procedure Code, Order 9 Rule 9 – The scope of restoration applications post-dismissal for default is limited when the original claim has been disposed of by judgment, and restoration should not be refused solely on technicalities if equity and justice demand otherwise.
1) Criminal Law – NDPS Act, Sections 8(C), 21(c), 29 – Bail – The court may grant bail where prima facie case and role of accused justify the exercise of discretion in favour of the accused. 2) Criminal Procedure – Bail – Factors including nature and quantity of seized contraband, antecedents of accused, and period of custody influence bail discretion under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
1) Criminal Law – Bail – Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 – Bail is a discretionary remedy and may be granted where the evidence against the accused is prima facie insufficient to keep the accused in custody. 2) Criminal Procedure – Extrajudicial Confession – An extrajudicial confession, if not corroborated by other material evidence, may not justify continued custodial detention of the accused.
1) Criminal Law – Bharatiya Nagarik Suraksha Sanhita, 2023 – Section 482 – The principles guiding grant of anticipatory bail include consideration of nature and gravity of accusation, antecedents of the accused, possibility of flight, and motive behind the accusation. 2) Criminal Procedure – Anticipatory Bail – The Court must exercise discretion judiciously and cautiously while granting anticipatory bail, avoiding detailed examination of evidence prejudicial to accused at the bail stage.
1) Service Law – Appointment – Provisional appointment can be granted pending verification of caste certificate when there is undue delay by the Scrutiny Committee, subject to final outcome. 2) Administrative Law – Procedural Fairness – Authorities must follow prescribed procedure for verification before deciding genuineness of caste certificate to safeguard applicants’ rights.
1) Service Law – Pension Regulations for the Army, 1961, Regulation 173-A – An individual permanently placed in a low medical category and discharged due to inability to provide alternative employment or unwillingness to accept it is deemed invalided out of service, including during extension of service. 2) Service Law – Pension Regulations for the Army, 1961, Regulation 179 and Ministry of Defence letter dated 31.01.2001 – Disability less than 50% assessed by Medical Board shall be reckoned as 50% for disability pension computation if discharged as invalided out of service, overriding the lower assessed percentage.
1) Constitutional Law – Preventive Detention – Section 8(1) of the NDPS Act requires expeditious consideration of representation against detention to uphold procedural safeguards; unjustified delay in deciding representation breaches constitutional mandates. 2) Criminal Law – Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 – Delay in issuance of detention order without explanation severs nexus between grounds and purpose of detention, leading to quashing of the order as per established Supreme Court precedents.
1) Consumer Protection Law – Consumer Protection Act, 1986 – Joint and Several Liability of Manufacturer and Dealer – Manufacturer’s obligation under warranty to repair or replace defective goods discovered during warranty period and dealer’s agency relationship with manufacturer. 2) Evidence Law – Admissibility and Weight of Expert Reports – The commission’s duty to consider competing expert opinions and to rely on uncontroverted expert evidence indicating manufacturing defect.
1) Criminal Law – Indian Penal Code, Sections 302/201 – Proof Beyond Reasonable Doubt – The prosecution must establish the accused’s guilt with reliable and consistent evidence; suspicion or contradictory testimonies do not meet the standard of proof required for conviction. 2) Criminal Law – Arms Act, Sections 7/27 – Recovery and Expert Evidence – The non-recovery of the alleged weapon of offence and lack of expert forensic examination of seized ammunition weakens the prosecution’s case and diminishes evidentiary value.
1) Service Law – Educational Regulations – Dentists Act, 1948, Section 21 – Dental Council of India empowered to frame and enforce regulations for minimum standards of dental education, including admission criteria, to maintain educational quality. 2) Constitutional Law – Article 226 – Scope of equitable jurisdiction in writ jurisdiction permits protection of admissions completed in violation of statutory norms, if candidates have completed course successfully and admissions are bona fide, notwithstanding non-compliance with formal procedures.
1) Service Law – Appointment – Merit-based selection criteria and verification of selection records are essential for validity of appointment under Scheduled Caste reservation category. 2) Administrative Law – Writ Petitions – Courts must rely on actual selection records and cannot presume correctness of pleadings without examining evidence to adjudicate on validity of selection and appointment.
1) Jammu and Kashmir Public Safety Act, 1978 – Detention – Section 8(1)(a) – Detention orders are valid only for one year and require proper application of mind by the detaining authority with satisfaction about prejudicial activities to public order. 2) Constitutional Law – Writ Jurisdiction – Delay in disposal of representation against detention order – The plea of delay must be raised before the writ court initially by appropriate motion or review and cannot be entertained for the first time in appeal.
1) Criminal Law – Narcotic Drugs and Psychotropic Substances Act, 1985 – Sections 20(b)(ii)(B), 8(c), 29, 60(3) – The possession of significant quantities of controlled substances creates a presumption of guilt and hinders bail eligibility. 2) Criminal Procedure – Bail – The existence of prior similar offenses makes it less likely for a defendant to receive bail, especially if the current charge arose while on bail for a previous offense.
1) Service Law – Appointment – Necessity of adherence to seniority and qualifications in school management appointments. 2) Constitutional Law – Writ – Role of court in ensuring proper administrative compliance in educational institution management.
1) Excise Law – Meghalaya Excise Act (Assam Excise Act, 1910), Section 28 – Procedure for issuance and recall of NOC for trade in liquor – Necessity of following statutory provisions when recalling NOC. 2) Administrative Law – Principles of Natural Justice – Right to opportunity of hearing before revocation of license or NOC affecting business interests.
1) Service Law – Punjab and Sind Bank (Officers) Service Regulations, 1982, Regulation 47 and 48 – Transferability of officers is a statutory condition of service and the authority of the Bank to transfer officers is absolute and not subject to personal convenience. 2) Administrative Law – Judicial Review of Transfers – Judicial interference in transfer orders is permissible only in cases of mala fide, violation of statutory provisions, or when the transfer adversely affects public interest; personal hardship or pending internal complaints do not constitute valid grounds for interference.
1) Land Acquisition – Sections 23(1-A), 23(2), and 28 of the Land Acquisition Act, 1894 – Provide for additional compensation, solatium, and interest to landowners whose property is acquired by the State; these provisions are to be applied beneficially to avoid unjust classifications. 2) Arbitration and Conciliation Act – Section 34 – Grounds for challenge of arbitral awards include delay, but procedural dismissals cannot override substantive rights to statutory compensation as recognized by the Supreme Court.
1) Land Acquisition Act, 1894 – Sections 23(1-A), 23(2), and 28 – Provide for additional compensation, solatium, and interest payable to landowners upon acquisition of private land, underscoring their right to just and fair compensation including these benefits. 2) Constitutional Law – Article 226 of the Constitution of India – Judicial review enabling High Courts to enforce statutory benefits under land acquisition laws and Supreme Court guidelines ensuring fair compensation and preventing unjust classifications.
1) Service Law – Government Employee Benefits – Annual Increment – As per settled judicial interpretation, including Supreme Court rulings, an employee retiring on 30th June is entitled to the increment effective from 1st July of that year. 2) Service Law – Pension and Retiral Benefits – Arrears for increments and associated pension recalculations are payable subject to limitation of three years' arrears as per Supreme Court precedent in Rushibhai Jagdishbhai Pathak Vs. Bhavnagar Municipal Corporation.
1) Service Law – Annual Increment – Employees retiring on 30th June are entitled to the increment payable from 1st July as held by the Supreme Court in Director (Admn. and HR) KPTCL & Ors. vs. C.P. Mundinamani & Ors., Civil Appeal No. 2471/2023. 2) Service Law – Pension and Retiral Benefits – Claims for arrears of increments and related pension dues are subject to limitation of three years prior to the filing of the writ petition as clarified in Rushibhai Jagdishbhai Pathak vs. Bhavnagar Municipal Corporation, AIR Online 2022 SC 735.
1) Service Law – Termination – Article 81(B) of the Kendriya Vidyalaya Education Code requires that before imposing major penalties like termination on a teacher, a show cause notice must be served and a reasonable opportunity to represent must be given. 2) Evidence – Statements of minor victims – A minor child’s statement corroborated by inquiry committees and supporting witnesses can be relied upon as sufficient proof to uphold disciplinary action against a teacher for sexual misconduct.
1) Constitutional Law – Article 19(1)(g) – Right to establish and manage educational institutions cannot be curtailed except by law enacted by the legislature and not by executive instructions or administrative circulars. 2) Education Regulation – Homeopathy Central Council Act, 1973 and National Commission for Homeopathy Act, 2020 – Eligibility criteria for AYUSH courses must be amended through proper statutory amendment and not by executive or administrative orders.