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1) Bail – Section 480(6) of Bharatiya Nagarik Suraksha Sanhita, 2023 – Bail is to be granted ensuring the accused’s presence at trial, not as a punitive measure, especially where trial delay is not attributable to accused and evidence is primarily documentary. 2) Criminal Procedure – Principles from Supreme Court precedents (Dipak Subhashchandra Mehta v. CBI, Sanjay Chandra v. CBI) – Bail consideration balances the seriousness of offence with the accused’s likelihood to flee, tamper with evidence, and the right to speedy trial.
1) Bail – Section 480(3) of BNSS, 2023 – Conditions for grant of bail emphasizing the furnishing of bonds and compliance with prescribed terms during trial. 2) Criminal Law – Fraud – Liability and control over bank accounts and SIM cards used in alleged fraudulent transactions and its bearing on custodial bail decisions.
1) Police Protection – Duty of State – Under constitutional and statutory provisions, the State has a duty to protect individuals from threats to life and liberty, including intervening upon credible representations of danger. 2) Personal Liberty – Right to Life – Article 21 of the Constitution of India guarantees the right to life and personal liberty, which encompasses protection from threats and violence, mandating State action when such threats are made known.
1) Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 37 – “No bail” provision – This provision restricts bail to accused involved with commercial quantity of narcotic drugs but does not operate as an absolute bar where prolonged undue incarceration and delay in trial violate fundamental rights. 2) Constitution of India – Article 21 – Right to Life and Personal Liberty – Prolonged incarceration without trial completion amounts to violation of fundamental rights and may justify grant of bail notwithstanding statutory provisions, especially in the context of overcrowded prisons and appalling living conditions.
1) An administrative transfer order made in lieu of punishment without adherence to natural justice principles and without establishing any misconduct is liable to be quashed as illegal.
1) Land Acquisition – The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – Possession of acquired land must strictly correspond to land notified and awarded under the Act. 2) Administrative Law – Demarcation and survey reports prepared pursuant to court direction are binding unless validly challenged; inconsistent earlier reports lose significance once discrepancies are noticed and a fresh survey is ordered by the Court.
1) Administrative Law – Communication of Orders – An order not communicated to the party concerned does not create enforceable legal rights and is ineffective against such party. 2) Contract Law – One-Time Settlement Scheme – Acceptance of full payment pursuant to an OTS scheme constitutes a binding contract, estopping a party from repudiating admitted settlement terms.
1) Land Allotment – U.P. Urban Planning and Development Act, 1973 and U.P. Industrial Area Development Act, 1976 – Status quo orders affecting delivery of possession entitle allottee to zero period for payment obligations. 2) Lease Rent and Restoration Charges – No lease rent or restoration charges are payable where physical possession of allotted plot is not given due to court-imposed restrictions and cancellation order is set aside.
1) Criminal Law – Abetment to Suicide – Section 108 read with Section 3(5) of the Bhartiya Nyaya Sanhita – Requires proof of positive act of instigation or intentional aiding causing suicide in close proximity to the event. 2) Mens Rea – Criminal Liability – Mere harassment or conduct absent conscious and deliberate intention to drive victim to suicide cannot amount to abetment under Section 108/BNS.
1) Constitutional Law — Article 19(1)(c), Article 19(4), Article 33 — Fundamental right to form associations is qualified and restricted for police personnel under Article 33 and the Police Forces (Restriction of Rights) Act, 1966, limiting the scope of such rights and subjecting them to State control for discipline and efficiency. 2) Administrative Law — Executive Power under Article 162 — The State’s executive authority to form and restructure associations of police personnel by government orders is a policy decision subject to judicial review only on grounds of arbitrariness or irrationality.
1) Conviction for sexual offences under the POCSO Act can be sustained on the sole testimony of the prosecutrix if it is found reliable and credible, even without specific details on dates and without scientific corroboration, subject to fair trial and absence of prejudice from charge framing irregularities.
1) Courts have the discretionary power to recall dismissal orders for default when sufficient cause for non-appearance is shown and restoration serves the interest of justice.
1) Grant of interim bail under Section 35(3) BNSS does not preclude the continuation of investigation and filing of Final Report; interim bail can be made absolute upon compliance with procedural safeguards.
1) Grant of bail upon filing of the Final Report and before summons under Section 35(3) BNSS is permissible where the offence carries significant sentence but arrest and custody are not imminent.
1) The accused is entitled to bail with conditions when the offense carries a sentence of about seven years and the investigation process including notice under Section 35(3) BNSS is ongoing without imminent arrest.
1) Criminal Procedure – Section 302 IPC – Charge of murder requires serious consideration of evidence but bail can be granted depending on the facts and stage of trial. 2) Bail – Grant of bail – Delay in conclusion of trial and grant of bail to co-accused are relevant factors in deciding bail applications to prevent unnecessary detention.
1) Criminal Procedure Code – Section 372 (corresponding to Section 413 of BNSS, 2023) – Grants the ‘victim’ the right to file an appeal against acquittal passed in complaint cases instituted upon a private complaint before the Court of Sessions. 2) Negotiable Instruments Act, 1881 – Section 138 – In cases under this section filed by private complaint, the complainant qualifies as a ‘victim’ under Section 2(wa) of Cr.P.C., enabling them to challenge acquittal by appeal under Section 372 of the Cr.P.C.
1) Criminal Procedure – Bail – Section 483 BNSS, 2023 (earlier Section 439 Cr.P.C.) – Bail can be granted when investigation is complete, complaint is filed, and there is no necessity of further custodial interrogation for the accused. 2) Central Goods and Services Tax Act, 2017 – Section 69 (Arrest power) – Arrest provisions under GST laws have been recommended for withdrawal by the GST Council via omission of Section 69 CGST Act, 2017, resulting in directions to CGST formations to avoid further arrests, impacting considerations for bail.
1) Administrative Law – Interim Relief – The pendency of a statutory appeal before an appellate authority can justify granting interim protection against execution of the impugned order or notice to prevent irreparable harm to the aggrieved party. 2) Criminal Procedure – Police Notice – A police notice precipitating action without considering pending statutory remedies can be restrained by the Court to ensure orderly administration of justice.
1) Administrative Law – Stay of Orders – A statutory appeal pending before a competent authority can justify interim stay of enforcement of impugned orders or notices to prevent irreparable harm. 2) Civil Procedure – Interim Relief – Courts may grant limited protection by staying executive actions pending judicial or quasi-judicial review to preserve status quo and fairness.
1) Service Law – Constitutional Validity – A statutory provision is presumed constitutional unless challenged on recognized constitutional grounds such as arbitrariness or violation of fundamental rights. 2) Constitutional Law – Articles 14 and 16 – Reasonableness and non-arbitrariness of service conditions and classifications must be assessed on their legitimate aim, necessity, and proportionality to the objective.
1) Evidence Act – Admissibility and Reliance on School Records – School admission registers and certificates issued by Headmasters can be relied upon to prove date of birth of a minor in criminal proceedings. 2) POCSO Act, 2012 – Consent of a minor – A child below 16 years cannot give valid consent; thus, sexual intercourse with such a minor constitutes aggravated penetrative sexual assault under Section 6 of the Act.
1) Prevention of Corruption Act, 1988 – Sections 7 and 13(1)(d), 13(2) – Proof of Demand and Acceptance – Both demand and acceptance of illegal gratification by a public servant constitute essential ingredients for offences under Sections 7 and 13(1)(d), r/w 13(2), and must be established either by direct or circumstantial evidence beyond reasonable doubt. 2) Evidence – Hostile Witness – A hostile or partially discredited witness does not ipso facto render his entire testimony inadmissible; courts must evaluate the evidence in its entirety and can accept creditworthy portions supported by other corroborative evidence.
1) Criminal Law – NDPS Act – Informant as Investigator – No automatic presumption of bias or vitiation of trial merely because the informant is also the Investigating Officer; each case must be examined on facts. 2) Criminal Procedure – NDPS Act, Sections 42, 50, 57 – Mandatory procedural safeguards must be complied with and evidence substantiated before granting acquittal irrespective of informant’s dual role.
1) Delay in filing an appeal may be condoned if sufficient cause is demonstrated, including inability to secure legal assistance due to financial constraints.
1) Delay in filing an appeal may be condoned if sufficient cause is shown, including illiteracy and lack of legal awareness preventing timely action.
1) Delay in filing an appeal can be condoned if sufficient cause is shown, including poor financial background and lack of awareness of legal rights.
1) Under the United Khasi-Jaintia Hills District (Trading by Non-Tribals) Regulation, 1954, a fresh trading license application is mandatory for new work orders; inclusion of new work orders in an existing license without fresh application is impermissible.
1) Services of Anganwadi Workers and Helpers, being statutory posts under the Food Security Act, 2013, cannot be terminated arbitrarily without following prescribed procedures and principles of natural justice.
1) A conviction, unless set aside by a competent court, justifies dismissal from service for misconduct despite bail or pending appeal.
1) Recommendations of State Human Rights Commissions under Section 18 of the Protection of Human Rights Act, 1993, are adjudicatory orders binding on the Government and enforceable unless judicial review is sought within the stipulated time.
1) Once absorbed into the cadre of Assistant Professors, employees acquiring Ph.D./M.Phil. qualifications while in service must be treated equally for the purpose of advance increments under Articles 14 and 16 of the Constitution.
1) Municipal Law – Mumbai Municipal Corporation Act, 1888, Section 351 – Orders directing vacation/removal of premises are executable subject to judicial challenge in Civil Court. 2) Civil Procedure – Interim Relief – Petitioners must institute appropriate civil proceedings with an interim application to seek stay or protection against eviction or demolition.
1) Environmental Law – Water (Prevention & Control of Pollution) Act, 1974, Section 33A and Air (Prevention & Control of Pollution) Act, 1981, Section 31A – Powers of Pollution Control Boards to take immediate action where violations are observed. 2) Administrative Law – Principles of natural justice and procedural fairness require that a show cause notice and opportunity to comply must be considered before passing an order exercising punitive or coercive powers.
1) Criminal Procedure – Bail – Interim Bail – An accused not named in the FIR but referred during investigation can seek interim bail if material custody is unnecessary and he cooperates with investigation. 2) Criminal Law – Absconding – Mere suspicion of absconding without substantive evidence does not justify denial of interim bail if the accused has offered himself for investigation and is non-threatening to the probe.
1) Criminal Procedure – Bail – Grant of interim bail in cases involving offences punishable under the Bharatiya Nyaya Sanhita, 2023 and Motor Vehicles Act depends on the necessity of custodial interrogation and potential interference with investigation. 2) Evidence Preservation – Seizure of the offending vehicle and completion of spot panchnama reduce the necessity for custodial detention at the initial stage of investigation.
1) Criminal Procedure – Anticipatory Bail – Granting anticipatory bail depends on nature of offence, delay in FIR, and injury evidence provided by the prosecution. 2) Evidence – Injury Report – Absence of corroborative injury evidence corresponding to the alleged assault weakens prosecution’s case and favors bail.
1) Bail — Sections 64 and 127(2) of BNS, 2023 — Anticipatory bail can be granted when prima facie the alleged offence is under suspicion due to consensual nature and lack of resistance in the FIR. 2) Investigation — Evidence preservation — Non-deletion and timely deposition of electronic evidence (mobile phone) with investigating authorities is material, but refusal to deposit may not be sole ground for bail rejection if other conditions are imposed to secure cooperation.
1) Criminal Procedure – Bail – Grant of bail is the rule and detention the exception, especially when investigation is complete and the accused has cooperated throughout. 2) Evidence – Inference from Communication – Mere telephonic conversation with accused does not ipso facto establish involvement in criminal conspiracy unless supported by substantive evidence.
1) Criminal Procedure – Bail – Interim bail can be granted on prima facie assessment of facts considering the nature of allegations, evidence on record and likelihood of tampering or influencing witnesses. 2) Evidence – Legal Notice and Correspondence – Absence of mention of alleged sexual assaults in contemporaneous legal notices and replies might indicate possible afterthought or false allegations impacting bail considerations.
1) Municipal Law – Maharashtra Municipal Corporation Act, 1949 – Sections 260 and 478 – Procedural requirements for issuance of notices by Municipal Corporation and necessity of adherence to principles of natural justice. 2) Administrative Law – Natural Justice – Right to be heard – Requirement that notice must be issued affording reasonable opportunity to the affected party before passing any punitive or adverse order.
1) Civil Procedure – Temporary Injunction – Grant of injunction requires existence of prima facie case, balance of convenience, and irreparable loss. 2) Hindu Law – Dayabhaga School – Succession rights accrue only upon death of owner; during lifetime, sons have no vested interest in ancestral property.
1) Quashing of a case under the POCSO Act is permissible where the parties are now adults, living together as husband and wife, with informed consent of the survivor, and where quashing serves the ends of justice without prejudice to statutory mandates.
1) Courts have discretion to recall dismissal orders for default and restore matters if sufficient cause, such as unforeseen circumstances, is shown and interests of justice require it.
1) Interim bail can be granted to an accused on medical grounds when urgent treatment not satisfactorily provided within the prison or government hospital environment is required, subject to adequate safeguards.
1) The grant of bail in POCSO cases requires balancing the accused’s right to liberty against the protection of victims, public interest, and the possibility of tampering with evidence or influencing witnesses.
1) Constitutional Law – Article 21 – Right to Life and Personal Liberty includes the right to form matrimonial relationships without fear of threats or harassment, especially in inter-caste marriages. 2) Constitutional Law – Articles 21 and 226 – The State has a duty to protect individuals from violence or intimidation arising from their personal choices, and failure to act on representation of threats can be challenged under writ jurisdiction.
1) A writ petition under Article 226 challenging proceedings under PMLA is maintainable only in exceptional circumstances such as violation of natural justice or lack of jurisdiction.
1) Constitutional Law – Article 14 – Legislation conferring special voting rights – Reasonable classification requires intelligible differentia and rational nexus to object – Mere allegation of arbitrariness insufficient to strike down legislation at interim stage. 2) Constitutional Law – Article 213 – Promulgation of Ordinances – Judicial review limited to cases of manifest abuse, mala fide or colorable exercise – Courts must exercise restraint and presume validity unless Ordinance is ex facie unconstitutional or enacted without requisite satisfaction.
1) Maharashtra Land Revenue Code, 1966 – Section 50(3) – empowers authorities to issue demolition notices with short notice periods for unauthorized structures. 2) Administrative Law – Interim Relief – Courts may grant stay of execution of demolition orders where alternate efficacious remedy is available but its exercise would result in irreparable harm.
1) Maharashtra Land Revenue Code, 1966 – Section 50(3) and Section 50(5), read with Section 247 – Provide for issuance of show cause notices and appellate remedies against revenue authority orders. 2) Writ Jurisdiction – Interim Protection – A writ petition seeking stay of operation of demolition notice can be entertained when imminent demolition threatens irreparable harm and alternate remedy of appeal is not efficacious in the immediate term.
1) Medical Termination of Pregnancy Act, 1971 – Section 3(2)(b) and Section 5 – permits termination beyond 24 weeks in cases involving substantial risk to the physical or mental health of the pregnant woman, including survivors of sexual assault or minors. 2) Constitutional Law – Right to Life and Personal Liberty under Article 21 – embeds reproductive autonomy and decisional rights of the pregnant woman over pregnancy termination decisions, overriding foetal viability concerns.
1) Service Rules – Transfer Policy – Provisions prescribing minimum years of service before transfer are directory and not mandatory conditions to disqualify transfer requests. 2) Administrative Law – Public Interest – Operational exigencies and requirement of maintaining staffing balance across districts are legitimate grounds for regulating transfer requests.
1) Administrative Law – Compliance with Court Orders – An administrative authority is duty-bound to execute a valid judicial order unless it is stayed by the competent court. 2) Writ Jurisdiction – Scope – The writ court examines procedural propriety and legality of the decision-making process rather than the merits of the underlying order.
1) Administrative Law – National Commission for Indian Systems of Medicine (Minimum essential standards, assessment and rating for Undergraduate Ayurveda colleges and attached teaching hospitals) Regulations, 2024 – Regulation 55(7) prescribes timelines for granting permissions and penalties relevant to admission seats. 2) Constitutional Law – Article 226 – Writ jurisdiction for issuing certiorari against orders passed in violation of statutory timelines and procedural fairness, ensuring due consideration and hearing before adverse orders are passed.
1) Administrative Law – National Commission for Indian Systems of Medicine Regulations, 2024 – Regulation 55(7) prescribes timelines for issuance of permissions and penalties affecting Ayurveda colleges, emphasizing procedural adherence for validity of such orders. 2) Administrative Law – Right to Appeal and Time-bound Disposal – Statutory second appeal under the relevant regulatory framework demands expeditious consideration, especially where delay impacts academic admissions and counselling processes.
1) Writ Jurisdiction – Maintenance – A disposed writ petition may be subject to clarifications or modifications by the court for effective compliance, notwithstanding that reopening the petition is ordinarily impermissible. 2) Police Powers – Permission Granting – Police authorities must grant permission for public events strictly in accordance with law, based on valid applications and requisite approvals such as No Objection Certificates, especially when disputes exist regarding organizational authority.
1) Medical Termination of Pregnancy Act, 1971 – Sections 3(1), 3(2), and 5(1): The Act presumes mental agony in pregnancies resulting from rape and allows termination within stipulated gestational limits, but beyond 24 weeks, courts may exercise constitutional jurisdiction. 2) Constitutional Law – Article 226 – High Courts have jurisdiction to authorize medical termination of pregnancy beyond 24 weeks in exceptional cases involving minor victims of sexual offences, considering medical opinion and circumstances.
1) Criminal Procedure – Evidence – Immediate arrest and recovery are critical facts that prosecution must establish beyond reasonable doubt to sustain conviction for dacoity. 2) Evidence – Identification and recovery – Material discrepancies, failure to prove recovery memos, and non-production of weapons severely undermine prosecution case, entitling accused to benefit of doubt.
1) U.P. Zamindari Abolition and Land Reforms Act, 1950 – Section 122-B(4-F) confers a statutory right of bhumidhari with non-transferable rights but does not preclude aggrieved persons from instituting independent suits under Section 229-B for declaration of rights. 2) Revision jurisdiction – Section 333 general revisional powers do not extend to orders passed under Section 122-B(4-F), and dismissal under Section 333 is not equivalent to revision under Section 122-B(4-A), thus not attracting statutory bar under Section 122-B(4-E).
1) Civil Procedure Code – Order VI Rule 17 – Amendment of pleadings after commencement of trial permissible only if the party, despite due diligence, could not raise the matter earlier. 2) Civil Procedure Code – Order VI Rule 17 – Amendment of written statement to introduce additional or alternative defence is ordinarily allowed but subject to compliance with the statutory requirement of due diligence after trial commencement.
1) Civil Procedure Code – Order VI Rule 17 – Power to amend pleadings is discretionary and must be exercised to determine the real questions in controversy, balancing necessity, relevance, bona fides, prejudice and procedural fairness. 2) Waqf Act, 1995 – Section 83(9) – Appeals from Waqf Tribunal orders are subject to appellate scrutiny including discretion exercised in procedural matters such as amendment of pleadings.
1) Land Acquisition – National Highways Act, 1956 – Section 3-G(1), (5), (6), (7) – Competent Authority’s power to determine compensation is final unless challenged before an appointed Arbitrator; no inherent power of review is conferred to the Competent Authority. 2) Administrative Law – Doctrine of Functus Officio – A statutory authority, having exercised its jurisdiction by passing an award, ceases to have jurisdiction over the subject matter, and any subsequent attempt to alter or review the award without statutory sanction is invalid.
1) Constitutional Law – Article 136 – Doctrine of Merger – Dismissal of SLP does not result in merger of the lower court’s order unless leave to appeal is granted. 2) Service Law – Pension – Counting of initial service period – Validation Act, 2021 – Effect on regularization and pensionary benefits.
1) Municipal Law – Kolkata Municipal Corporation Act, 1980, Sections 5, 118(1)(b) and 601 – The Administrator appointed upon dissolution of the Corporation can discharge only executive functions, not quasi-legislative functions such as making binding recommendations under Section 601 for amendment of Schedules. 2) Constitutional Law – Article 243-ZG – The constitutional bar on judicial review applies only to laws made under Article 243-ZA during the election process and does not extend to statutory amendments or executive orders outside such temporal scope.
1) Limitation Act, 1963, Section 14 – Delay caused due to pendency of a related appeal before a higher court can be condoned if the present appeal is filed promptly thereafter. 2) Criminal Law – Interim Relief – Courts may refrain from granting blanket interim protection in criminal matters if the accused is in custody and chargesheets have been filed, as pre-judging the merits would be inappropriate.
1) Tender Law – Clause 18.2 of the tender document permits the tender issuing authority to seek clarifications or additional documents limited to the nature of clarifications, not new documents altering eligibility. 2) Administrative Law – Determination of essential eligibility criteria in tender evaluation lies primarily within the domain of the tender issuing authority and is subject to judicial review only for manifest arbitrariness or illegality.
1) Recovery of Debts – Section 25(aa) of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 confers power on Recovery Officer to take possession and sell secured as well as any other property of the debtor when secured assets are insufficient. 2) Civil Procedure – Section 34 of the SARFAESI Act, 2002 bars civil courts from granting injunctions or entertaining suits in matters within Debt Recovery Tribunal’s jurisdiction under SARFAESI or the Recovery of Debts Act.
1) Taxation – Assam Goods and Services Tax Act, 2017 – Section 73 – Appeal – Limitation – Delay in filing appeal can be condoned if sufficient cause is shown, including circumstances beyond the appellant’s control. 2) Administrative Law – Appellate Authority’s discretion – Power to condone delay – The Appellate Authority is vested with discretion to condone delay where the appellant demonstrates sufficient cause, and such delay is non-willful and due to exceptional circumstances.
1) Public Procurement – Assam Public Procurement Act, 2017, Section 7 and 14 – Qualification criteria prescribed in bidding documents must be uniformly applied without dilution or substitution by other criteria. 2) Public Procurement – Assam Procurement Preference Policy, 2021 and Central MSME Circular 2016 – Procurement preference cannot operate as an exemption from mandatory eligibility and qualification requirements unless expressly provided.
1) Criminal Procedure – Section 482, Bharatiya Nagarik Suraksha Sanhita, 2023 – The power to grant pre-arrest bail under inherent jurisdiction is discretionary and can only be exercised when a special case is made out with recorded reasons. 2) Criminal Law – Section 74, Bharatiya Nyaya Sanhita, 2023 – Serious offences involving sexual assault and outraging modesty warrant careful consideration before granting pre-arrest bail, especially at the investigation stage.
1) Criminal Procedure – Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 – Extraordinary jurisdiction of court to grant or refuse pre-arrest bail only when a special case is made out with recorded reasons. 2) Evidence – Pre-arrest bail – The gravity of the alleged offence and possibility of influencing witnesses and interfering with investigation are relevant considerations against grant of pre-arrest bail.
1) Criminal Law – Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 – Bail – Bail can be granted where continued detention is not necessary for investigation or trial and when prima facie no strong evidence connects the accused to the crime. 2) Protection of Children from Sexual Offences Act, 2012, Sections 3(a) and 4(2) – Even in cases involving sexual offences against minors, bail may be granted if the investigation is nearly complete, and there is no likelihood of tampering with evidence or witnesses.
1) Criminal Procedure – Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 – Grants inherent powers to the court to make orders to prevent abuse of process or to secure ends of justice but such power to grant pre-arrest bail must be exercised sparingly and only upon special case with recorded reasons. 2) Criminal Law – Pre-Arrest Bail – The grant of pre-arrest bail is not automatic and is rejected when investigation is preliminary, offence is serious, there is prima facie evidence against the accused, and custodial interrogation is necessary to prevent witness influence and investigation interference.
1) Criminal Procedure – Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 – Exercise of extraordinary jurisdiction for granting pre-arrest bail can only be invoked when a special case is made out with recorded reasons. 2) Wildlife Protection – Wild Life (Protection) Act, 1972 – Offences involving protected species such as sea cucumbers attract serious penal consequences and require custodial interrogation at preliminary stages to preserve investigation integrity.
1) Under Article 275(1) of the Constitution of India, grants-in-aid from the Union to States must be allocated and implemented in accordance with prescribed guidelines ensuring equitable distribution and transparency.
1) Grant or refusal of an Exemption Certificate under the Meghalaya Minor Minerals Concession Rules, 2016 must be based on strict adherence to statutory conditions, environmental safeguards, and relevant material considerations.
1) A show-cause notice must be replied to within the stipulated or court-allowed timeframe even if the petitioner claims late receipt or denies the alleged incidents.
1) Interest on delayed payment of gratuity can only be considered from the date sanction for payment is accorded, not from the date of policy approval.
1) Motor Vehicles Act, 1988 – Insurance Policies – Act Only Policy – Does not cover risk to passenger occupants of private vehicles. 2) Motor Vehicles Act, 1988 – Liability of Insurer – Insurer cannot be held liable to indemnify for risks not covered under the insurance policy terms, including passenger risk under Act Only Policy.
1) Civil Procedure Code – Order I Rule 10 and Order XXIII Rule 3 – Impleadment of Parties and Compromise – A transferee pendente lite with substantial interest in the suit property can be impleaded to protect their rights and prevent collusion between original parties. 2) Property Law – Agreement for Sale – An agreement for sale, though not transferring title, creates equitable rights and precludes vendor from compromising away such rights adversely without purchaser’s consent.
1) Property Law – Leasehold Rights and Vesting – A lease executed by an authority acting on behalf of the ruling State creates perpetual leasehold rights binding on successors; vesting of property in Municipal Corporation by statutory notification must be supported by valid documentary proof. 2) Administrative Law – Natural Justice – Orders affecting property rights must be passed only after affording reasonable opportunity of hearing; extra-judicial assumption of ownership or jurisdiction without proof renders action illegal and arbitrary.
1) Service Law – Classification as Permanent Employee – The status of permanent employee entitles the individual to pay at the minimum of the prescribed pay scale without automatic entitlement to increments or other emoluments. 2) Service Law – Regularization in Service – Regularization alone confers the right to increments and full pay scale benefits; classification as permanent employee does not operate as regularization.
1) Service Law – Classification of Employees – Classification as permanent entitles employees to pay fixation at minimum of the pay scale but does not entitle them to increments unless they are regularized in service. 2) Constitutional Law – Article 14 – Right to equality does not mandate grant of increments where employees have not been regularized, even if some others were mistakenly granted increments earlier.
1) Real Estate (Regulation and Development) Act, 2016 – Sections 7, 35, 36, 37, 59, 60, 61, and 63 – These provisions govern registration, regulation, and enforcement actions against real estate projects and promoters, crucial for ensuring lawful development and consumer protection. 2) Administrative Law – Writ Jurisdiction under Article 226 of the Constitution of India – Allows the High Court to issue writs, including certiorari and mandamus, for quashing illegal administrative orders and compelling performance of statutory duties.
1) Constitutional Law – Article 226 – Writ of Mandamus – Courts may direct government authorities to consider and decide pending representations within a specified time frame to ensure protection of fundamental rights. 2) Criminal Procedure – Police Protection – Duty of police authorities to register FIR and take preventive action to protect individuals from threatened violence under their jurisdiction.
1) Constitutional Law – Article 226 – Writ Jurisdiction – The High Court under Article 226 has the power to issue directions to police authorities to ensure protection of life and liberty of individuals threatened by private persons. 2) Police Duty – Protection of Life and Liberty – Police have a statutory and constitutional duty to act on credible threats and protect citizens from harm irrespective of familial or private disputes under their jurisdiction.
1) Constitutional Law – Article 226 of the Constitution of India – Writ jurisdiction authorizes High Courts to direct state authorities, including police, to protect fundamental rights such as life and liberty. 2) Criminal Procedure Code – Duty of police – Police authorities have a legal obligation to take necessary steps to prevent threats to life and ensure personal safety in response to representations made by aggrieved parties.
1) Constitutional Law – Article 131 – Original jurisdiction of Supreme Court – Dispute between States concerning inter-State allocation of power under Section 78 of the Punjab Reorganisation Act, 1966 – The Court’s decree under Article 131 is binding and its execution requires final computation and directions regarding entitlements and liabilities. 2) Public Utility and Energy Law – Apportionment of Hydroelectric Project benefits – Capital cost liability and energy allocation – Such financial and energy entitlements must be assessed on historic data and rates related to the period in question, and not at current or arbitrary rates; adjustments between parties may be effected cashlessly through crediting amounts in kind.
1) Constitutional Law – Article 141 – Binding Precedent – Legal principles declared by the Supreme Court bind all courts and authorities but do not necessarily mandate retrospective reopening of concluded selections or appointments. 2) Administrative Law – Doctrine of Prospective Overruling – The Supreme Court can limit the retrospective effect of its judgments to protect completed administrative actions, settled rights, and bona fide reliance on prior legal positions.
1) Constitutional Law – Article 12 – The expression ‘State’ extends beyond government departments to include ‘other authorities’ which are financial, functionally, and administratively dominated by the Government with pervasive control. 2) Constitutional Law – Article 12 – The status as an instrumentality or agency of the State depends on cumulative factors such as government creation, control over management, financial administration, and functional relationship, not merely on statutory form or funding source.
1) Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 — Sections 2(c), 2(o), 3(1)(c), and 6 — The FRA, 2006 mandates a three-tiered statutory mechanism for recognition and vesting of forest rights exclusively for FDST and OTFD who satisfy the residency and dependency requirements, and occupation must be adjudicated through Gram Sabha, Sub-Divisional Level Committee, and District Level Committee. 2) Forest Rights Act — Minor Forest Produce — Cultivation of commercial crops such as silk cotton, even if historically undertaken, is not equivalent to traditional collection of minor forest produce and does not confer forest rights under FRA, 2006, thereby cannot justify encroachment or continued presence within Reserved Forest areas.
1) Service Law – Compulsory Retirement – An order of compulsory retirement is administrative and not punitive or stigmatic in nature; judicial review is limited to examining the existence of relevant material and uniform application of prescribed criteria. 2) Service Law – Annual Confidential Reports – Uncommunicated adverse remarks may be considered for compulsory retirement and do not invalidate the order, as the jurisprudence governing communication differs in promotion cases.
1) Limitation Act, 1963 – Section 18 – Effect of Acknowledgment – An acknowledgment in writing signed by the party liable renews the limitation period from the date of such acknowledgment. 2) Civil Procedure Code, 1908 – Order VII Rule 11 – At the preliminary stage, the court must assess only prima facie existence of cause of action and cannot decide disputed questions of fact requiring evidence.
1) Hindu Succession Act, 1956 – Section 8 – Class I Heirs – Exclusion of Son’s Son – The property of a Hindu male dying intestate devolves simultaneously on Class I heirs listed in the Schedule, excluding the grandson (son’s son), making the divided son the absolute owner of his share. 2) Hindu Succession Act, 1956 – Sections 6 and 8 – Devolution of Interest in Coparcenary Property – Partition ceases joint coparcenary; post-partition property becomes individual self-acquired property of divided heir, excluding his son from coparcenary rights by birth.
1) Reassessment proceedings initiated by issuance of notice under Section 148 and order under Section 148A(3) of the Income Tax Act must conform to the principles laid down by this Court in prior judgments on similar issues.
1) The right of candidates to contest elections includes the right to submit nomination papers without undue hindrance and with adequate security provided by the authorities.
1) Criminal Law - Section 302 IPC - Murder - Conviction requires proof that accused intentionally inflicted injuries sufficient in ordinary course of nature to cause death; membership of an unlawful assembly under Section 149 IPC attracts vicarious liability for acts committed in prosecution of common object. 2) Sentencing - Death Penalty - The death sentence is an exception awarded only in the rarest of rare cases; Courts must weigh aggravating and mitigating factors and prepare a balance sheet before imposing capital punishment; otherwise, life imprisonment is appropriate.
1) Constitutional Law – Article 19(1)(a) and Article 19(2) – Freedom of Speech and Expression – The right to freedom of speech is subject to reasonable restrictions in interests of sovereignty, integrity, security, public order, decency, morality, and incitement of offence. 2) Penal Law – Bharatiya Nyaya Sanhita, 2023, Section 152 – Act endangering sovereignty, unity and integrity of India – Ingredients require purposeful or knowing acts that excite secession, rebellion, or separatist feelings and endanger sovereignty or integrity.