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1) The sealed-cover procedure for withholding promotion consideration ceases to operate once the departmental proceedings that constituted the impediment have culminated in favour of the employee and no other subsisting proceedings exist.
1) An accused who has undergone incarceration for a period close to the maximum prescribed sentence and against whom a charge sheet is filed may be granted regular bail considering the likely delay in trial.
1) The grant of bail depends on the nature of the offence, evidence on record, and probability of trial delay balanced against the risk of absconding or tampering with evidence.
1) Grant of regular bail depends on the nature of allegations, evidence on record, antecedents of the accused, likelihood of absconding or tampering with evidence, and the stage of trial.
1) Consensual sexual relationship with a minor, although an offence under the POCSO Act, can be a pertinent factor while considering bail.
1) Section 482 Cr.P.C. petition for quashing is not maintainable when an alternative equally efficacious remedy such as a pending revision application exists.
1) An FIR should be quashed if the allegations do not disclose any offence and continuing investigation amounts to abuse of process.
1) An accused is entitled to expeditious trial as a constitutional right.
1) Bail is the rule and jail an exception; denial of bail requires compelling circumstances particularly where the accused faces serious charges involving sexual assault of a minor.
1) Recovery Law – Recovery of Debts Due to Banks and Financial Institutions Act, 1993 – Section 29 – Procedure for recovery under the Act is governed by the provisions of the Second Schedule to the Income-tax Act, 1961, and not by the Code of Civil Procedure, 1908 – Non-compliance with Order XXI Rule 22 is an irregularity and not jurisdictional defect affecting auction sale validity. 2) Civil Procedure Code – Section 60(1)(ccc) – Exemption from attachment of one main residential house belonging to and occupied by the judgment-debtor is personal to the judgment-debtor and not available to legal representatives – such exemption cannot be invoked by heirs merely by residing in the property.
1) Civil Procedure – Evidence Act, 1872, Sec 60 – Oral Evidence – Admissibility – Oral evidence cannot be permitted to indirectly introduce contents of documents previously held irrelevant and inadmissible by orders which have attained finality. 2) Civil Law – Code of Civil Procedure, Order 11, Rules 12 and 21 – Discovery and Inspection – Documents irrelevant to the determination of contractual conclusion cannot be subject to discovery and inspection, and discovery applications filed with undue delay will be dismissed.
1) Motor Vehicle Act, 1988—Section 166(1)(c)—Compensation Claims—Claimants as legal representatives including spouse and children are entitled to claim compensation for loss of dependency and consortium irrespective of their earning status—extent of dependency affects quantum but does not bar claim. 2) Motor Vehicle Act, 1988—Second Schedule (as amended and interpreted)—Assessment of conventional heads such as loss of consortium, funeral expenses, and loss of estate must reflect current standards of inflation and living costs, with Court-held minimum fixed amounts enhanced periodically to ensure just and adequate compensation.
1) A petition before the court can be disposed of on withdrawal if the party concerned, through legally authorized counsel, seeks to withdraw the case.
1) A registered Will is not sufficient to establish ownership and entitlement to compensation under the Land Acquisition Act unless the link documents evidencing how the testator acquired the property are produced and proved.
1) Compassionate appointment is an exception granted as immediate relief to the dependent family of a deceased government servant and is not meant to be provided after long delay defeating its humanitarian object.
1) Conviction for sexual offences under POCSO Act can be based on the sole testimony of the prosecutrix, provided it is wholly reliable and inspires confidence.
1) Grant of bail depends on nature of offence, material evidence, role of accused, pendency of trial, and parity with co-accused.
1) Mere existence of a financial transaction does not constitute abetment of suicide without sufficient evidence of instigation or threat by the accused.
1) Criminal Procedure – Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 – Bail is a rule and jail is an exception, particularly when the investigation is complete and there are no criminal antecedents. 2) Narcotic Drugs and Psychotropic Substances Act, 1985 – Sections 8(c), 22(b) & 29 – Even in cases involving narcotics, bail can be granted when the quantity seized is small and the accused is not connected directly or has no previous offenses.
1) Criminal Procedure – Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 – Bail – Bail can be granted if the investigation is near completion, the accused has no criminal antecedents, and there is no necessity for continued detention for investigation or other purposes. 2) Information Technology Act, 2000 – Sections 66E and 67A – Offences relating to privacy violation and publishing sexually explicit material – Protection of victim’s modesty is paramount and bail is granted with stringent conditions to prevent tampering with evidence or witness influence.
1) Narcotic Drugs and Psychotropic Substances Act, 1985 – Section 37 – Bail in cases involving commercial quantity of drugs can only be granted if there are reasonable grounds to believe that the accused is not guilty and is not likely to commit an offence while on bail. 2) Criminal Procedure – Bail – The seriousness of offence, gravity of charge, evidence of complicity, and failure to establish innocence or changed circumstances weigh against grant of bail.
1) Criminal Law – Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 – Bail – The granting of regular bail depends on the stage of investigation, nature of offence, evidence on record, and the necessity of continued detention. 2) Criminal Procedure – Conditions of Bail – Court may impose conditions including bond, sureties, cooperation with investigation, restrictions on contacting witnesses, and travel limitations to ensure fair trial and investigation integrity.
1) Criminal Law – Bharatiya Nyaya Sanhita, 2023 – Sections 103(1), 109(1), 115(2), 118(1) and 118(2) – Provide punishment for offences involving intent to kill and abetment – Bail eligibility is limited when charges involve serious offences with premeditation and resulting death. 2) Bail – Principles of Granting Bail – Bail is generally not granted where the accusation is grave, prima facie evidence shows premeditated violent crime, accused has criminal antecedents, and proposed release would be against the interest of justice.
1) Constitutional Law – Article 22(1) – Mandates informing an arrested person of the grounds of arrest to ensure legality of the arrest and protect personal liberty. 2) BNSS, 2023 – Sections 47 and 48 – Require that grounds of arrest be communicated not only to the arrestee but also in writing to the arrestee’s family or relatives; failure to comply renders the arrest illegal.
1) Criminal Law – Protection of Children from Sexual Offences Act, 2012, Sections 8 and 7 – mandates stringent action in cases involving sexual assault on minors and restricts bail in serious offences against children. 2) Criminal Procedure – Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 – governs bail applications and the court's discretion to grant or refuse bail considering the gravity of the offence and prima facie evidence.
1) Criminal Procedure – Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 – empowers the High Court to exercise inherent jurisdiction to quash criminal proceedings where continuation would serve no useful purpose. 2) Judicial Precedents – Principles established in Gian Singh v. State of Punjab, State of Madhya Pradesh v. Laxmi Narayan, and Naushey Ali v. State of U.P. – non-grave offences settled amicably between parties may justify quashing of prosecution to serve ends of justice.
1) A minor-aged survivor’s subsequent attainment of majority and marriage to the accused can be considered relevant while deciding bail under POCSO Act.
1) Appointment of an Arbitrator by the Court under Section 11(6) of the Arbitration and Conciliation Act, 1996, upon party agreement, to adjudicate disputes arising from a contractual agreement.
1) Land Acquisition Act, 1894 – Section 18 – Reference petition for enhancement of compensation – Co-sharers not party to the reference petition are entitled to enhanced compensation determined in such petition, subject to verification of co-ownership status. 2) Execution of decrees – Execution application under Article 227 of the Constitution – An execution petition is maintainable by co-sharers for enhanced compensation awarded to other co-sharers, even if no previous enforceable decree was passed in their favor.
1) Criminal Procedure – Section 483, Bharatiya Nagarik Suraksha Sanhita, 2023 – Provides for grant of regular bail and permits consideration of successive bail applications where fresh grounds exist. 2) Criminal Law – Bail – Principle that every day spent in custody may provide new cause for bail application; law favors bail over detention, balancing accused’s rights and the interests of justice.
1) Civil Law – Transfer of Property Act, 1882 – Section 111(e) & (f) – Express and Implied Surrender – The determination of a tenancy requires either express surrender by mutual agreement or implied surrender by unequivocal conduct inconsistent with the continuation of tenancy. Mere execution of an agreement to sell does not ipso facto terminate tenancy. 2) Civil Law – Transfer of Property Act, 1882 – Section 53A and Registration Act, 1908 – Section 17(1A) – Protection of Possession by Part Performance – An unregistered agreement to sell executed after the Registration (Amendment) Act, 2001, cannot invoke protection under Section 53A; possession by a tenant continuing in the tenancy prior to agreement cannot be deemed possession under the agreement.
1) Criminal Law - Indian Penal Code, Section 302 & Section 34 - Sole eyewitness testimony, if reliable and cogent, is sufficient to uphold conviction without corroboration, irrespective of the witness being related to the victim. 2) Criminal Law - Indian Penal Code, Sections 302 & 304 - Distinction between murder and culpable homicide depends on intention, nature of injuries, and circumstances of the assault; grievous injuries to vital parts coupled with brutality indicate intention to cause death under Section 302.
1) Civil Procedure Code, 1908 – Order 41 Rule 23 and Rule 27 – Principles guiding remand of cases by appellate courts – Remand should not be routine but exercised sparingly when imminently warranted by circumstances. 2) Limitation Act, 1963 – Section 3 – Duty of the Court to frame an issue regarding limitation even if not specifically pleaded by the parties – Limitation is a question of law that courts must consider suo motu.
1) Central Excise Law – Section 11A, Central Excise Act, 1944 – Extended limitation period under proviso applicable only where there is wilful misstatement or suppression of facts with intent to evade duty. 2) Central Excise Law – Valuation of Excisable Goods, Rule 8 of Central Excise Valuation (Determination of Price of Excisable Goods) Rules, 2000 – Assessable value of intermediate goods (chassis) must include 10% notional profit, which forms part of the value for levy of duty by job worker on completed motor vehicle.
1) Limitation Law – Section 74 of Bombay Tenancy and Agricultural Lands Act, 1948 – Condonation of delay requires satisfactory explanation covering the entire period of delay, especially in cases of extraordinary delay. 2) Administrative Law – Writ Jurisdiction under Articles 226 and 227 of Constitution of India – Interference with discretionary orders of statutory authorities is warranted only when the authority acts without jurisdiction or the conclusion is unsupported by the record.
1) Bombay Tenancy and Agricultural Lands Act, 1948 – Section 43-C – The expression "Greater Bombay" as used in this provision does not include the 34 villages specified in Part IV of Schedule A to the Greater Bombay Laws and the Bombay High Court (Declaration of Limits) Act, 1945, which includes Village Gorai, thus Sections 32 to 32-R apply to these villages. 2) Tenancy – Finality of Tenancy Determination – Once tenancy has been declared and the order confirmed without further challenge, it cannot be reopened or questioned in subsequent proceedings under Section 32-G for fixation of purchase price.
1) Preventive Detention Law – Maharashtra Prevention of Dangerous Activities Act, 1981, Section 3(1) & Section 12(1) – Requires proximate connection between alleged dangerous activities and the detention order for validity. 2) Criminal Procedure – Bail and cancellation – Preventive detention cannot be used as a substitute for cancellation of bail or other remedies under ordinary criminal law where bail conditions are not violated.
1) Preventive Detention – Maharashtra Prevention of Dangerous Activities Act, 1981, Section 3(1) – Detention valid only if the person’s activities threaten public order and ordinary criminal law is inadequate to deal with such threat. 2) Constitutional Law – Preventive Detention Jurisprudence – Subjective satisfaction of detaining authority must be based on cogent and relevant material demonstrating threat to public order as distinguished from mere law and order issues (Rekha vs. State of Tamil Nadu, (2011) 5 SCC 244).
1) Indian Penal Code, Sections 323, 324 – Evidence of injury and assault, including medical evidence and witness testimony, is sufficient to uphold conviction even if acquittal is recorded under related statutes. 2) Probation of Offenders Act, 1958, Section 4 – Courts may extend benefit of probation in cases of sudden or spur-of-the-moment offences, particularly where the offender has no criminal antecedents and sentence awarded is minimal.
1) Maharashtra Tenancy and Agricultural Lands Act, 1948 — Sections 32-P and 32-G — Finality of Tenancy Proceedings — An order passed under Section 32-P that is acted upon and unchallenged attains finality and bars reopening the same tenancy purchase question under Section 32-G, supporting the principle of res judicata. 2) Civil Procedure and Natural Justice — Requirement of Opportunity to be Heard — A decree or administrative order passed against a deceased person without joining or giving notice to his legal heirs is nullity, lacking jurisdiction, and cannot bind the heirs.
1) Principle of equal pay for equal work prohibits discriminatory denial of pay scale revisions to employees performing similar work within the same organization or corporation.
1) Principle of equal pay for equal work mandates that employees performing similar duties in the same organization must receive equal remuneration, and denial of pay scale revision without valid reasons constitutes unfair discrimination violating Articles 14 and 21 of the Constitution of India.
1) Interference under Article 226 with suspension orders and charge-sheets at the threshold is generally inappropriate unless there is jurisdictional defect, vagueness, arbitrariness, or absence of material.
1) Mere eligibility for promotion does not confer a vested right for retrospective promotion or salary arrears without a corresponding order granting such retrospective effect.
1) Service Conditions – CRIS Medical Attendance Rules, 2009, Rule 8 (Post-Retirement Medical Facility) stipulates entitlement and conditions for post-retirement medical benefits for employees upon superannuation or resignation, including payment of one month's basic pay plus allowances. 2) Administrative Law – Amendment of Bye-laws and Rules requires proper authority approval as per the organization's bye-laws; unilateral amendment by Managing Director without approval of Executive Committee or Governing Council is without jurisdiction and invalid.
1) Property Law – Proof of Ownership and Possession – A registered sale deed accompanied by supporting documents such as electricity bills and property tax receipts under Section 63 of the Indian Evidence Act constitutes sufficient proof of ownership to claim possession in a suit for recovery. 2) Civil Procedure – Ex Parte Proceedings and Consequences – Failure to file written statement or pay costs, leading to striking off the defense and proceeding ex parte, deprives the defendant of presenting their case and justifies decree in favor of the plaintiff if their evidence remains unrebutted.
1) Registration Act, 1908 – Section 71(2), Section 72, Section 73 – The Registration Officer shall not register a document until all legal formalities including NOC are complied with; Appeal under Section 72 allows challenge to refusal of registration, while Section 73 provides procedure where execution is denied. 2) Civil Procedure Code, 1908 – Order VII Rule 11 – Suit liable to be rejected where plaint does not disclose a cause of action, particularly when statutory procedures have been followed and the execution of the document is undisputed.
1) Arbitration and Conciliation Act, 1996 – Section 34 – Judicial review of arbitral awards is limited to grounds specified; courts cannot reappreciate evidence or substitute their view if the arbitrator’s award reflects a plausible interpretation. 2) Indian Telegraph Act, 1885 and Telecom Regulatory Framework – IP-I Registration Certificate – Only licensed entities can provide end-to-end bandwidth services; IP-I registrants are authorized to establish and lease passive infrastructure but not to operate active telecom infrastructure.
1) Indian Penal Code, Sec 279 – Rash Driving or Riding on a Public Way – Establishes that driving in a rash or negligent manner endangering human life is an offence; proof of such rashness or negligence is essential to convict. 2) Indian Penal Code, Sec 304A – Causing Death by Negligence – Requires the prosecution to prove that the death was caused by rash or negligent act not amounting to culpable homicide, focusing on criminal negligence or rashness as the key ingredients.
1) Indian Penal Code, Section 354A(1)(i) – Sexual harassment – prescribes rigorous imprisonment up to three years, or fine, or both – sentence must be commensurate with the nature and gravity of the offence and circumstances of the case. 2) Criminal Procedure Code, Section 428 – Provides for set off of imprisonment already undergone during investigation or trial against the sentence imposed.
1) Criminal Procedure – Bail – Parity Principle – Granting bail to co-accused persons in similar circumstances favors extending the same relief to the accused/applicants to ensure fairness and uniformity in judicial decisions under the Prevention of Money Laundering Act. 2) Prevention of Money Laundering Act, 2002 – Sections 3 and 4 – Bail Consideration – Bail under these sections can be granted subject to furnishing personal bond and surety, and imposing conditions such as not leaving the country without trial court’s permission.
1) Criminal Procedure Code – Bail – Principles governing grant or refusal of bail, emphasizing non-punitive nature of bail proceedings but allowing refusal where accused conceals material evidence and investigation is incomplete or under suspicion. 2) Evidence – Concealment of incriminating documents – Concealment by accused of self-incriminatory evidence adversely affects grant of bail and justifies refusal pending further investigation.
1) Criminal Procedure – Anticipatory Bail – The grant of anticipatory bail requires consideration of the gravity and seriousness of the allegations and necessity of custodial interrogation as per Sections 319(2), 318(4), 336(3), 339, and 61(2) BNS. 2) Forgery and Cheating – Indian Penal Code and allied laws – The preparation and transmission of forged government appointment documents and car stickers constitute serious offenses warranting investigation through custodial interrogation.
1) Criminal Procedure – Bail – Delay in Trial – Prolonged trial resulting in lengthy pre-trial detention is a valid ground to consider grant of bail, especially when the trial is progressing at an extremely slow pace. 2) NDPS Act – Offences under Sections 8(c), 20(b), 21(b), 22(c), 23, 25 & 29 – Even though offences involve serious drug quantities (intermediate and commercial), courts may balance personal liberty against trial delay to grant bail with adequate safeguards.
1) Criminal Procedure Code – Section relating to grant of bail – Bail may be granted considering the stage of trial, nature, and quality of evidence against the accused. 2) Narcotic Drugs and Psychotropic Substances Act (NDPS Act), Sections 8, 21(c), 23, 29 – Requirement of connected and admissible evidence, including recovery and disclosure statements, for sustaining prosecution.
1) Banking Law – Bank Guarantees – A bank guarantee must be invoked within the stipulated validity period; failure to do so results in the guarantee’s expiry and extinguishes the right to encash it. 2) Contract Law – Performance and Enforcement – An expired guarantee cannot be enforced as a valid claim against the guarantor bank.
1) Civil Procedure Code, 1908 – Order VII Rule 11 – The courts must consider only the averments in the plaint and annexed documents on an application for rejection of plaint; lack of authorization or locus standi is a curable defect and not ground for outright rejection at threshold. 2) Arbitration and Conciliation Act, 1996 – Section 8 – Election disputes are not arbitrable and the existence of an arbitration clause alone is not a ground for rejection of plaint under Order VII Rule 11 without an application under Section 8 of the Act.
1) Railway Law – Railways Act, 1989, Sections 123(c) and 124-A – Defines “untoward incident” and conditions for death on railway premises; mere non-recovery of journey ticket does not negate bona fide passenger status. 2) Evidence – Burden of Proof – Once initial burden is discharged by claimants by filing affidavit and relevant facts, the burden shifts to Railway Administration to rebut with cogent evidence.
1) Evidence – Section 29 of the Protection of Children from Sexual Offences Act, 2012 – Statutory Presumption – The presumption of culpability arises only after foundational facts constituting the offence are established beyond reasonable doubt and remains rebuttable by the accused. 2) Criminal Law – Testimony of Victim in Sexual Offence Cases – Conviction can be sustained solely on the testimony of the prosecutrix if it is found to be credible and trustworthy, without the necessity of corroboration as a rule of law.
1) Civil Procedure Code – Order XXXIX Rules 1 & 2 and Section 151 – Interim injunctions and inherent powers – Court’s authority to issue directions for compliance with specific mandates in interlocutory proceedings. 2) Banking Law – Mandate and Authorized Signatories – The scope and effect of corporate banking resolutions and KYC forms in determining authorized signatories and binding banking operations.
1) Property Law – Transfer of Immovable Property – Only registered deed of conveyance can legally transfer title or interest in immovable property; unregistered agreements like Agreement to Sell and General Power of Attorney do not convey title under Transfer of Property Act, Section 53A. 2) Civil Procedure – Contempt of Court and Restraint Orders – Any sale or transfer of immovable property in violation of a court injunction or restraint order is illegal, void ab initio, and such transaction cannot confer any right or title under doctrines laid down in Supreme Court rulings (Balwantbhai Somabhai Bhandari v. Hiralal Somabhai Contractor, 2023).
1) Arbitration and Conciliation Act, 1996 – Section 9 – Courts have jurisdiction to grant interim reliefs including injunctions to protect parties’ interests pending constitution of arbitral tribunal. 2) SARFAESI Act, 2002 – Section 11 – Enables parties with disputes related to securitization and enforcement of security interest to initiate arbitration proceedings and seek interim reliefs to protect secured assets.
1) Civil Procedure – Withdrawal of Petition – Withdrawal of a petition by the party seeking relief results in dismissal of the petition without adjudication on merits, leaving the case accordingly disposed of. 2) Court Discretion – Grant of Leave to Withdraw – Courts have discretionary power to grant leave to withdraw petitions, which upon grant, operates to terminate the proceeding as prayed by the petitioner.
1) Judicial Review – Scope and Limitations – The extent to which courts can interfere with executive action involving economic and fiscal policy decisions, particularly the issuance of a LOC under Ministry of Home Affairs’ Office Memoranda (OMs). 2) Executive Instructions – Ministry of Home Affairs OMs dated 27.10.2010 and 05.12.2017 – Authorization and conditions for issuance of LOCs, including the amended provision permitting LOCs based on subjective satisfaction regarding detriment to economic interests without involvement in cognizable offences.
1) Tender Law – Instructions to Tenderers (ITT) Clause 10.2 and Annexure IV Format – An affidavit required to be signed by the "Authorized Representative of the Firm" suffices for compliance, even if not signed by all partners, when supported by a valid Power of Attorney. 2) Indian Partnership Act, 1932 – Chapter IV – Recognizes that one partner, acting as agent of the firm through valid authorization, can bind the firm and other partners including executing affidavits on their behalf.
1) Civil Procedure – Contract and Recovery – A party claiming payment under contract must prove the bills/invoices along with supporting measurement sheets as evidence of work performed. 2) Evidence – Interested Witness – Testimony of a related or interested witness, without independent corroboration, may be rejected or accorded less weight.
1) Criminal Procedure Code – Section relating to anticipatory bail and custody – The Investigating Officer’s discretion to arrest is subject to procedural fairness, including prior notice where applicable. 2) Criminal Procedure – Principles of arrest and custodial interrogation – Voluntary cooperation with investigation post-withdrawal of protection may indicate absence of necessity for custodial interrogation.
1) Engagement of Guest Lecturers on temporary, contract basis as stop-gap arrangement without any legal entitlement to regularization or continuation beyond the prescribed period.
1) Quashing of FIR and proceedings under POCSO Act by consent is permissible in exceptional cases where there is informed consent of the victim, parties are in a consensual relationship living as husband and wife with a child, and social realities along with victim’s welfare are considered.
1) Delay in filing appeal can be condoned when sufficient cause is shown, including economic hardship and inability to engage counsel.
1) Foreign nationals accused of crimes in India have the right to life and liberty under Article 21 and may be granted bail if conditions justify it.
1) Implementation of additional parties is permissible when necessary for complete adjudication and is not objected to by the existing parties.
1) Motor Vehicles Act, 1988 – Section 173(2), post 2019 Amendment – Bars appeals against Claims Tribunal awards below Rs. 1,00,000 limit, limiting judicial review via appeal for low quantum awards. 2) Civil Procedure Code, 1908 – Section 115 – Revisional jurisdiction can be exercised by High Court against Claims Tribunal awards only on limited grounds such as jurisdictional errors or failure of justice despite statutory bar of appeal for low-value awards.
1) Evidence – Eyewitness Testimony vs. Medical Evidence – Where eye-witness account materially contradicts medical evidence, benefit of doubt must be extended to the accused. 2) Indian Penal Code, Sections 450 & 302/34 – Proof of criminal trespass and murder requires harmonious and credible evidence; inconsistencies and lack of corroboration undermine conviction.
1) Criminal Procedure – Code of Criminal Procedure, 1973, Section 378 – Appeals against acquittal allow appellate court to reappreciate evidence and review findings of the trial court. 2) Evidence – Reliance on electronic evidence and consistency of prosecution witnesses – The Court must consider contradictions, reliability of independent witnesses, corroboration, and documentary evidence while confirming or setting aside acquittals.
1) Service Law – Madhya Pradesh Civil Services (Classification, Control and Appeal) Rules, 1966, Rule 18 – Requirement of joint enquiry where charges arise from substantially the same facts – Importance of procedural compliance in departmental enquiries to avoid vitiation. 2) Administrative Law – Judicial Review – Scope of interference by High Court under Article 226 of the Constitution of India in departmental proceedings – Courts cannot reappreciate evidence or substitute their own views if findings have some evidence and no perversity or illegality is shown.
1) Judicial Procedure – Doctrine of Infructuous Petition – A petition may be dismissed without adjudication on merits if subsequent developments render the issues raised moot or academic. 2) Administrative Law – Legal Compliance – Any future action related to the subject matter must adhere strictly to established legal guidelines and Supreme Court directions.
1) Labour Law – Minimum Wages Act, 1948, Section 20(1) – Jurisdiction – Appointment of Competent Authority – An Assistant Labour Commissioner can exercise jurisdiction under Section 20 if validly appointed as a Commissioner for Workmen’s Compensation by the State Government through statutory notifications. 2) Administrative Law – Judicial Review – Quasi-judicial Orders – Reasoned decision based on proper appreciation of evidence and statutory provisions will not be interfered with by High Courts unless findings are perverse, arbitrary or unlawful.
1) Criminal Procedure – Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 – Bail – The discretion to grant bail can be exercised considering humanitarian grounds such as the ill health of a near relative, balanced against the nature and gravity of offences. 2) Evidence – Medical Verification – The court’s reliance on verified medical reports and statements to assess genuineness of humanitarian plea for interim bail before deciding on release.
1) Constitutional Law – Article 21 – Right to Speedy Trial – An accused has a fundamental right to a speedy trial under Article 21 of the Constitution, which must be protected irrespective of the seriousness of the offence and supports bail if trial is unduly delayed. 2) Criminal Procedure – Regular Bail – Successive or second bail petitions are maintainable provided there is substantial change in circumstances; mere incarceration or previous dismissal of bail petition is not ipso facto bar to grant of bail.
1) Bail – Provisions under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 – Bail is discretionary and depends on the facts of the case, stage of trial, severity of allegations, and conduct of accused. 2) Prevention of Corruption Act, 1988, Sections 7, 7-A, 13(1)(b) r/w 13(2) – In offences relating to illegal gratification, the nature of evidence such as recovery and involvement of accused are relevant to bail considerations.
1) Insolvency and Bankruptcy Code, 2016 – Section 5(21) – Definition and scope of ‘operational debt’ clarifies that claims arising from supply of goods or services under a contract are operational debts, but damages from breaches are not operational debt until crystallized by adjudication. 2) Limitation Act, 1963 & IBC – Article 137 read with Sections 3(12) and 238A of the IBC clarify the limitation period for filing insolvency applications arises from the date of default (non-payment when due), and IBC does not revive time-barred debts.
1) Recovery of Debts and Bankruptcy Act, 1993 – Section 2(g) and Section 19(20) – Definition of debt includes interest and Debts Recovery Tribunal’s power to order payment of interest until date of realization. 2) Banking Regulation Act, 1949 – Section 21A – Transactions between banks and debtors regarding interest rates charged cannot be reopened by courts on grounds of excessiveness, subject to RBI directives and proper account statements.
1) Civil Law – Indian Partnership Act, 1932, Section 69(2) – Registration of partnership firm is essential for maintenance of the suit in case registration is mandatory – A memorandum of registration issued by Registrar of Firms can conclusively prove registration status. 2) Civil Law – Limitation Act, 1963, Section 14 and general principles of limitation – Running account doctrine vs. claims based on distinct invoices and bills – Cause of action arises from each invoice for limitation computation; insolvency or winding-up proceedings do not extend limitation for suits based on separate claims.
1) Civil Procedure Code, Section 96 and Order XLI Rule 1 – Composite appeals against common judgments in consolidated suits are maintainable if court fees are paid appropriately and requisite certified copies are filed. 2) Civil Procedure Code – Principle of res judicata applies to judgments but not to decrees from consolidated suits; a common judgment delivered after clubbing is one decision for appeal purposes.
1) Constitutional Law – Right to Life – Article 21 of the Constitution of India – The State is liable to award compensation for violation of fundamental rights due to custodial death, including exemplary damages as deterrent against police/jail official negligence. 2) Criminal Law – Code of Criminal Procedure, 1973, Section 176 – Judicial inquiry into custodial death mandates criminal investigation including FIR registration and prosecution of responsible officials to uphold accountability.
1) Customs Law – Customs Tariff Act, 1975 – Chapter 90, Note 2(b) and 2(c) – Classification of parts and accessories – Accessories suitable for use solely or principally with machines of the same tariff heading classified under same heading; accessories usable with machines under different headings fall under residuary heading 9033. 2) Customs Law – Interpretation of “accessory” under tariff rules – An accessory aids or supplements the main equipment without changing its basic function and may be compatible with multiple machines under different tariff headings.
1) Civil Law – Order XXXIX Rules 1 & 2, CPC – Principles governing interlocutory injunctions require the presence of a prima facie case, balance of convenience, and irreparable injury; appellate courts should interfere only if discretion was exercised arbitrarily or perversely. 2) Civil Procedure – Order XLIII Rule 1(r), CPC – The appellate jurisdiction to review interlocutory orders calls for limited interference and does not permit the appellate court to substitute its own discretion for that of the trial court absent perversity or illegality.
1) Service Law – Compassionate Appointment – Clause 9)3.4 of National Coal Wage Agreement VI – The upper age limit for eligibility must be interpreted reasonably to effectuate the welfare purpose and not to defeat it by administrative delay. 2) Service Law – Compassionate Appointment – Doctrine of Legitimate Expectation and delay – An eligible dependent cannot be denied appointment due to delay attributable to the employer/authority; applications must be considered expeditiously, preferably within six months, as per binding precedents including Malaya Nanda Sethy v. State of Orissa.
1) Criminal Law – Indian Penal Code, Sections 302/34 and 392/34 – Circumstantial evidence – Conviction requires a complete chain of circumstances firmly proved and inconsistent with innocence. 2) Juvenile Justice (Care and Protection of Children) Act, 2000 – Sections 7A, 15, 19, and 20 – A person found to be a juvenile on the date of offence is entitled to be dealt with under the Juvenile Justice framework and adult sentences are rendered ineffective.
1) Criminal Law – Bharatiya Nyaya Sanhita, 2023, Sec. 318(4) – Cheating – The essential ingredient is a dishonest intention at the time of inducement, which must be established at the inception of the transaction and cannot be presumed from mere breach of contract. 2) Criminal Law – Bharatiya Nyaya Sanhita, 2023, Sec. 316(2) – Criminal Breach of Trust – Entrustment of property with a beneficial interest is indispensable; payment made as contractual consideration does not constitute entrustment.
1) Service Law – Pay Fixation – Central Civil Services (Fixation of Pay of Re-employed Pensioners) Orders, 1986 – Provides that re-employed pensioners shall draw pay only in the prescribed pay scale of the post in which they are re-employed without protection of prior pay scales. 2) Constitutional Law – Articles 14 and 16 – Reasonable classification and non-arbitrariness – Classification of re-employed officers separately from regular officers for pay fixation satisfies tests of intelligible differentia and rational nexus.
1) Constitutional Law – Writ Jurisdiction – Article 226 – A writ petition is not maintainable where disputed questions of fact exist and an alternative efficacious remedy is available. Exceptions apply only for violation of fundamental rights, natural justice, jurisdictional errors, or challenge to vires of legislation. 2) Tort Law – Strict and Absolute Liability – In cases of hazardous activities like electricity supply, strict liability (imposing liability irrespective of negligence but subject to exceptions) applies rather than absolute liability; compensation should be fair and just but not necessarily calculated under Motor Vehicles Act principles.
1) Criminal Law – CGST Act, 2017 – Section 69 – Power to arrest – The Commissioner’s order under Section 69, preceded by “reasons to believe,” is a prerequisite triggering the right to apply for anticipatory bail and must be communicated to the accused to enable exercise of such right. 2) Constitutional Law – Article 21 – Right to Personal Liberty – Interim reliefs including protection from arrest cannot be granted by a High Court after dismissing a bail or quashing petition where main relief is found without merit; interim relief must be ancillary to main relief.
1) The High Court’s power to quash criminal proceedings under constitutional writ jurisdiction is limited to cases where prima facie no offence is made out, and further investigation under Section 193(9) BNSS (similar to Section 173(8) CrPC) is permissible even after filing charge sheet.
1) Labour Law – Pleadings and Evidence – Evidence regarding absence of gainful employment is inadmissible in absence of specific pleadings, under principles affirmed by case law including Shrinivas Raghavendrarao Desai vs Kumar Vamanrao (Civil Appeal No.7293-7294 of 2010). 2) Labour Law – Backwages – Grant of backwages in wrongful termination cases is subject to facts of gainful employment and personal conduct of employee including involvement in criminal prosecution, impacting entitlement to backwages.
1) Agricultural Tenancy Law – Bombay Tenancy and Agricultural Lands Act, 1948 – Section 32G – Right of tenants to statutory purchase of land on tillers’ day – Importance of service of notice and opportunity of hearing upon the successor tenant after death of original tenant for validity of proceedings affecting tenancy rights. 2) Civil Procedure – Principle of Natural Justice – Requirement of notice and hearing – A decree or order passed without jurisdiction or against a deceased person without bringing legal heirs on record is a nullity and can be challenged in any subsequent proceeding.
1) Works of Defence Act, 1903 – Section 3(3) – The statutory declaration imposing building restrictions in proximity to defence works is conclusive proof and binds all authorities and stakeholders. 2) Constitutional Law – Article 14 and Article 19(1)(g) – Administrative actions restricting development beyond statutory demarcations can be arbitrary and violate the right to equality and the right to carry on business if inconsistent or excessive.
1) Civil Procedure Code – Order 6 Rule 17 – Amendment of Pleadings – Allows amendment at any stage before or during trial for ensuring determination of real issues in the case and just decision. 2) Civil Procedure Code – Suit for Partition – Courts should adopt a lenient approach in allowing amendments prior to trial to ascertain substantive rights and proper adjudication of property disputes.