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1) Criminal Law – Code of Criminal Procedure, 1973 – Section 156(3) – Magistrate’s power to order investigation before taking cognizance of an offence – Magistrate has discretion to direct registration of FIR and investigation if prima facie material discloses commission of cognizable offence without probing the truth of allegations. 2) Maharashtra Protection of Interest of Depositors (MPID) Act, 1999 – Sections 2(c) and 2(d) – Definitions of “deposit” and “financial establishment” – To attract MPID Act, the entity must be a financial establishment accepting deposits as defined, and proper prima facie determination is required to initiate proceedings.
1) Service Law – Industrial Disputes Act, 1947, Section 10(1) – Burden of Proof – To establish employer-employee relationship, the workman must first state relevant facts on oath, after which the employer must produce statutory records such as muster and wage registers; failure to produce such records may lead to an adverse inference against the employer. 2) Evidence Law – Adverse Inference – When a party possessing material evidence refuses to produce it despite court direction, the court may presume that the evidence, if produced, would have been unfavorable to that party, depending on the facts of the case.
1) Arbitration Law – Arbitration and Conciliation Act, 1996, Section 34 – Grounds for setting aside Award include patent illegality and jurisdictional excess by arbitrators beyond Contract terms. This is crucial as the arbitral award must conform to the terms of the Contract and legal limits. 2) Contract Law – Specific Relief Act, 1963, Section 26 – Rectification of written instrument requires specific pleadings and prayers; an arbitral tribunal cannot rectify or rewrite Contract terms suo motu, ensuring procedural fairness and adherence to parties’ pleadings.
1) Constitutional Law – Writ Jurisdiction – The principle of fairness and equity requires a litigant approaching the Court for extraordinary relief to make a complete and honest disclosure of material facts; suppression or misrepresentation of facts disentitles a party from relief under Article 226. 2) Civil Procedure – Maharashtra Cooperative Societies Act, 1960, Section 101 and Maharashtra Cooperative Societies Rules, 1961, Rule 107(11) – An auction sale confirmed in compliance with statutory conditions is final; challenge to such sale cannot be entertained after excessive delay without credible explanation.
1) SARFAESI Act, 2002; Section 14 – Mandates the District Magistrate/Chief Metropolitan Magistrate to take possession of secured assets within 30 days of the application, extendable up to 60 days, as a ministerial act without any quasi-judicial function. 2) Service Law – Official duties under SARFAESI Act – Delay or inaction by officials in executing statutory directives amounts to frustration of the legislated process and warrants judicial intervention.
1) Prisoners’ Leave – Chhattisgarh Prisoners' Leave Rules, 1989 – Application and conditions for grant of leave/parole. 2) Prison Law – Chhattisgarh/M.P. Prisoners Act, 1985; Rule 31-B, Part-6A – Conditions under which emergency leave may be granted.
1) Service Law – Medical Education Admission Rules – Chhattisgarh Medical, Dental and Physiotherapy Undergraduate Admission Rules, 2025 – Rule 13(B) and 13(d) prescribing eligibility, reservation, and deadline for NRI quota admissions. 2) Service Law – Admission Rules – Chhattisgarh Non-Resident Indian Quota Rules, 2017 – Rule 4(6) mandating completion of NRI admissions 10 days before overall last date and conversion of unfilled seats thereafter.
1) Criminal Law – Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023 – Section 483 – Bail – Principles governing grant of regular bail after charge-sheet filing and when the prosecutrix turns hostile. 2) Criminal Law – Protection of Children from Sexual Offences Act, 2012 – Sections 5(B), 6 – Impact of prosecutrix’s hostile statement and no objection on bail application.
1) Arbitration and Conciliation Act, 1996; Section 31(7) – The arbitral tribunal’s discretion to merge pre-award interest with principal for calculation of post-award interest and the construction of “sum awarded” as principal plus interest. 2) Execution of Arbitral Award – Interest accrual principles under partial payment of awarded amount and the prohibition on charging interest on amounts already paid.
1) Civil Procedure – Dismissal for Default – Recall of Order – Principles governing recall of dismissal for non-appearance including considerations of intentionality and fault of petitioner’s counsel. 2) Service Law – Writ Petition Procedures – Restoration of dismissed writ petitions upon sufficient cause shown for non-appearance.
1) Civil Procedure - Judicial Orders - Requirement of Reasoned Orders and Application of Mind. 2) Civil Law - Interim Relief - Opportunity to Parties before Granting or Refusing Interim Relief.
1) Revenue Recovery Act – Sections 37-A and 38 – These provisions provide a complete and exclusive mechanism to challenge or set aside a sale of immovable property conducted under the Act within 30 days, and failure to invoke these remedies bars subsequent collateral challenges. 2) Civil Procedure Code – Auction Confirmation and Rights of Auction-Purchaser – Once a sale is confirmed by the competent authority, rights accrue to the auction-purchaser that cannot be extinguished except in cases of proven fraud or substantial irregularity.
1) Criminal Law – Indian Evidence Act, 1872 – Section 27 – Recovery of facts discovered on information received from accused in police custody must distinctly relate to the discovery and be proved with cogent evidence. 2) Criminal Law – Indian Penal Code and Arms Act – Evidence connected to recovery from a place accessible to others or public must be scrutinized with greater caution and cannot alone sustain conviction without independent corroboration.
1) Service Law – Administrative Law – Principles of Natural Justice – Requirement of hearing before passing adverse orders under GST law. 2) Constitutional Law – Writ Jurisdiction – Scope of judicial intervention in quasi-judicial tax adjudication proceedings when opportunity of hearing is not properly afforded.
1) Service Law – Prisons – Maharashtra Prisons (Furlough and Parole) Rules, 1959 – Rule 6, 10, and amended Rule 24(1) – A convict confined in an open prison is entitled to furlough leave upon furnishing personal bond and cash security where no surety is available; amended Rule 24(1) cannot be applied retrospectively. 2) Criminal Law – Indian Penal Code, Section 302 – Rights of Life Convicts – The purpose of furlough and parole rules is to maintain family ties and alleviate the ill-effects of incarceration, allowing release on personal bond when surety is unavailable.
1) Criminal Law – Bharatiya Nyaya Sanhita (BNSS) – Section 175(3) (Old Section 156(3) Cr.P.C.) – Magistrate’s Powers – A Magistrate must apply its mind and be satisfied as to the existence of material indicating commission of a cognizable offence but is not mandatorily required to conduct a preliminary inquiry or hear the Investigating Officer, especially when police have refused to register an FIR. 2) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 – Section 18A(1)(a) – Amendment Act 27 of 2018 – No preliminary inquiry is required for registration of FIR in offences under the Act, which limits any requirement of inquiry before police investigation.
1) Service Law – Promotion – Staff Regulations, 1960, Regulation 7 – Promotion to higher cadre must be based on merit, suitability, and seniority, supported by numerical ratings in confidential reports. 2) Service Law – Annual Confidential Reports (ACRs) – Adverse entries in ACRs must be communicated to employee within a reasonable time, allowing opportunity to improve performance; non-communication does not automatically entitle promotion if merit-based criteria are not fulfilled.
1) Criminal Law – Indian Penal Code, Sections 420, 465, 467, 468, 471, 506(2), 504, and 34 – Prima facie ownership and bona fide purchase protect accused from being unnecessarily implicated in criminal proceedings where allegations of forgery and cheating are not prima facie established. 2) Criminal Procedure – Section 482, CrPC – Power of the Court to quash F.I.R. where allegations on the face of record do not constitute any offence or prima facie no case is made out against the accused.
1) Criminal Law – Indian Penal Code, Sec 186 – Obstruction of Public Servant – Offence under this section requires a written complaint by the public servant concerned before a Court can take cognizance as per Section 195 of the CrPC; registration without such complaint is void. 2) Criminal Procedure Code – Sec 195(1)(a) – Bar on Cognizance – The Court cannot take cognizance of offences punishable under Section 186 of IPC on police report alone without a written complaint from the public servant or his subordinate.
1) Arbitration Law – Arbitration and Conciliation Act, 1996 – Section 34 – An arbitral award can be challenged and set aside if the arbitrator has exceeded his mandate by rewriting or altering the terms of the contract. 2) Limitation Law – Limitation Act, 1963 – Article 54 – Period of limitation for enforcement of contractual obligations runs from the date the party has knowledge or notice of refusal or failure of performance by the counterparty.
1) NDPS Act, 1985 – Section 37 – Bail – The provision places stringent restrictions on granting bail for offences involving commercial quantity of drugs, requiring reasonable grounds to believe the accused is not guilty and will not commit an offence while on bail. 2) Criminal Procedure – Right to Speedy Trial – Prolonged incarceration without trial conclusion can justify granting bail even when statutory restrictions apply, balancing societal interests against personal liberty under Article 21 of the Constitution.
1) Civil Law – Trade Marks Act, 1999 – Section 28 (Registration of trademark and rights of proprietor) – Registration of the Defendant as registered proprietor of “The New Indian Express” mark is subject to territorial restrictions as per orders of IPAB and MoS limiting use to five specified southern states and Union Territories, restricting any use beyond this territory including promotion and events. 2) Contract Law – Consent Decree – The Memorandum of Settlement dated 5th February, 1995 and Supplemental Agreement of 12th August, 2005 recorded as a decree by the Madras High Court constitute binding contracts which grant limited permitted user rights to the Defendant and impose negative covenants restricting the use of the mark outside specified territory and for purposes other than publication, enforceable against the Defendant.
1) Criminal Law – Bail – Anticipatory Bail – Section 482, BNSS 2023 – Economic Offences – Bail considerations involve nature of accusation, evidence, severity of punishment, character of accused, and public interest. 2) Criminal Law – Online Gambling and Money Transactions – Offences under BNSS 2023 Sections 111, 318(4), 338, 336(3), 340(2), 61(2), 112(2), Chhattisgarh Gambling Act 2022 Section 7, Public Gambling Act Section 4(a) – Prima facie involvement established through electronic evidence and co-accused statements.
1) Family Law – Hindu Adoption and Maintenance Act, 1956 – Section 18 – Right of wife and minor child to maintenance – Scope of obligation to provide maintenance where wife leaves matrimonial home. 2) Family Law – Maintenance Proceedings – Principles for granting maintenance – Assessment of financial capacity and conduct of parties affecting maintenance claims.
1) Constitutional Law – Constitution of India – Articles 20 and 21 – Protection of personal liberty and due process – Deprivation of liberty without adherence to procedure established by law is unconstitutional. 2) Criminal Procedure – Arrest – Requirement of compliance with judicial orders and procedural safeguards – Failure to comply with court directions during arrest procedure renders arrest unlawful and entitles the arrested individual to compensation.
1) Contract Law – Termination of Contract – Requirement of a formal and reasoned termination order before rescinding contractual rights. 2) Administrative Law – Natural Justice – Obligation to afford an opportunity of hearing before passing adverse orders affecting contractual rights.
1) Civil Procedure - Joinder of Parties - Order I Rule 3 of the CPC allows multiple defendants to be joined in one suit if the right to relief arises out of the same act or transaction or series of acts or transactions that are connected. 2) Civil Procedure - Territorial Jurisdiction - Section 20 of the CPC emphasizes that a suit must be instituted where the defendant resides or where the cause of action arises, providing two alternatives for establishing jurisdiction.
1) Civil Procedure – Written Statement – Order VIII Rule 1 CPC establishes that the written statement must ordinarily be filed within 30 days of service of summons and can only be extended in exceptional circumstances beyond 90 days. 2) Civil Procedure – Limitation – Section 5 of the Limitation Act requires the party seeking to condone delay beyond the prescribed period to provide adequate reasons justifying such delay.
1) Civil Procedure – Execution – Under Section 151 of the Code of Civil Procedure, the Executing Court has the authority to ensure compliance with a decree, which includes substituting properties when original ones are not available. 2) Contract Law – Specific Performance – The Compromise Affidavit implies acceptance of substitution of properties as long as it aligns with the terms of the specific performance decree and Clause 27 of the Agreement.
1) Service Law – Pension and Salary – Principle of ‘No Work No Pay’ excludes payment of back wages for the period an employee was absent without authorization, notwithstanding entitlement to pension benefits for that period. 2) Service Law – Compassionate Appointment – Eligibility and selection for compassionate appointment must be determined in accordance with applicable service recruitment rules and failure in recruitment tests bars appointment regardless of court directions.
1) Property Law – Land Ownership – Command Order dated 08.07.1933 confers proprietary rights on "Assamis" of Kashmir Province without payment of nazrana, overriding revenue entries or omissions in land records. 2) Land Acquisition Law – Award and possession – Rights of lineal descendants to ownership and possession of exchange land arise if ancestors held proprietary rights and were recorded as landholders prior to mutation transferring land to third parties.
1) Service Law – Procurement Policy under MSMED Act, 2006, Section 11 – Public Procurement Policy for Micro and Small Enterprises mandates mandatory procurement of 25% of goods and services from MSEs and reservation of specified items exclusively for MSEs. 2) Contract Law – Composite Contracts – As per judicial precedents including Kone Elevator India Ltd. v. State of Tamil Nadu, composite contracts involving supply, installation, and testing form an indivisible contract that cannot be severed to facilitate separate procurement obligations.
1) Revenue Law – J&K Land Revenue Act, Section 15(4) – Revisional powers of the Financial Commissioner include wide and unrestricted authority to correct illegal or unjust orders passed by subordinate Revenue Officers. 2) Muslim Personal Law – Succession and Inheritance – Mutation proceedings are fiscal and administrative in nature and do not confer, extinguish, or transfer ownership rights; inheritance rights under Muslim Personal Law prevail over recorded mutations.
1) Service Law – Disciplinary Proceedings – Gramin Dak Sevak (Conduct and Engagement) Rules, 2011 – Rule 21 and Rule 131 of Branch Post Office Manual – Proper inquiry and admission of misappropriation justify disciplinary removal from service. 2) Service Law – Judicial Review – Scope of High Court’s power in service matters – Interference in punishment is limited to procedural infirmities; merits of the inquiry and punishment cannot be reappraised.
1) Criminal Law – NDPS Act, 1985 – Section 37 – Bail – Statutory prohibition on grant of bail in cases involving commercial quantity of narcotic drugs unless the Court records satisfaction that there are reasonable grounds to believe that the accused is not guilty or that he is not likely to commit any offence while on bail. 2) Criminal Law – NDPS Act, 1985 – Section 35 – Presumption of culpable mental state – In cases under NDPS, the accused’s knowledge and conscious control over narcotic substances can be presumed as per the statutory provision, affecting the grant of bail.
1) Insurance Law – Contract of Insurance – Principle of Utmost Good Faith – The insurer must prove failure on part of insured in disclosure of material facts or fraudulent misrepresentation to repudiate a claim; burden lies on insurer to establish such breach. 2) Insurance Law – Interpretation of Exclusion Clauses – Exclusion clauses must be construed so as not to defeat the main purpose of insurance contracts; defects caused by explosion are not excluded under exclusion clause 5, thus claims arising from explosion-related damage are covered.
1) Consumer Protection Act, 1986 – Section 2(1)(d) – Definition of "consumer" excludes persons obtaining goods or services for resale or for any commercial purpose, but includes those using goods/services for self-employment to earn livelihood. This distinction is crucial in determining maintainability of consumer complaints. 2) Consumer Protection Act, 1986 – Explanation to Section 2(1)(d) – The exception that "commercial purpose" does not include use of goods or services exclusively for self-employment to earn livelihood; important for differentiating between commercial and non-commercial purchases.
1) Criminal Law – Protection of Children from Sexual Offences Act, 2012 – Sections 7, 8, 9, and 10 – Define sexual assault, aggravated sexual assault, and prescribe punishments, highlighting that aggravated sexual assault involves sexual assault on a child under 12 years with prescribed minimum and maximum imprisonment terms. 2) Evidence – Corroboration between ocular and medical evidence – Where ocular evidence is consistent and credible, it can prevail over medical evidence that is inconclusive or shows absence of external injuries, especially in sexual assault cases involving children.
1) Wildlife Protection Act, 1972 – Sections 18 and 26A – Empower the State Government to declare an area as a sanctuary based on its ecological, faunal, floral, geomorphological, natural or zoological significance and administrative procedures related thereto. This statutory framework imposes a duty on the State to protect ecologically significant forests. 2) Forest Rights Act, 2006 – Sections 3 and 4 – Recognize and vest forest rights in Scheduled Tribes and other traditional forest dwellers, safeguarding their habitat, habitation, and usage rights even after declaration of protected areas, ensuring a balance between conservation and community rights.
1) Civil Procedure – Debt Recovery – Attachment and Sale of Property – Obligation of Debtor and Procedural Compliance – Non-appearance before DRT and failure to challenge attachment and sale orders results in dismissal of petition alleging irregularity in recovery sale. 2) Civil Procedure – Doctrine of Clean Hands – Equity and Fairness – A litigant approaching Court must come with clean hands, and mere allegations of wilful disobedience without factual foundation amount to abuse of Court’s process.
1) Service Law - Writ Jurisdiction - Scope and exercise of judicial discretion regarding interim relief in writ petitions. 2) Administrative Law - Public Procurement - Effect of interim relief on ongoing bidding processes under a government-issued Request for Proposal.
1) Criminal Law – Code of Criminal Procedure (Cr.P.C.) – Section 31 – Governs the mode of sentencing when multiple offences are convicted at one trial, giving the sentencing court discretion to order sentences to run concurrently or consecutively – sentences run consecutively by default unless court directs otherwise. 2) Criminal Law – Code of Criminal Procedure (Cr.P.C.) – Section 362 – Bars any Court from altering or reviewing its judgment or final order disposing of a case, except to correct clerical or arithmetical errors – limits scope of applications for ‘speaking to the minutes’ after finality of conviction.
1) Railway Claims Act – Compensation – A person must be a bona fide passenger holding a valid ticket at the time of the accident to be entitled to compensation under the Act, failing which the claim is liable to be rejected. 2) Evidence Law – Burden of Proof – Evidentiary burden lies on the claimant to establish valid passenger status and occurrence of the incident as an untoward event by reliable and credible evidence.
1) Arbitration Law – Arbitration and Conciliation Act, 1996 – Sections 5, 19, 31(6), 32(2)(c), 34 – Scope of judicial intervention under Section 5 limits courts from interfering in arbitral proceedings except as provided in Part I; Section 19 grants arbitral tribunals broad procedural autonomy including determining admissibility and weight of evidence; interim orders under Section 31(6) that do not finally decide disputes are not arbitral awards under Section 34 and hence not challengeable. 2) Company Law – Companies Act, 2013 – Section 174 – Quorum for Board Meetings – The statute mandates quorum requirements for Board meetings but continuation of company’s actions without quorate Board is not tantamount to paralysis under doctrine of necessity; absence of quorum allows actions only to restore quorum or summon meetings, but does not render all corporate acts invalid such as initiating arbitration which may be ratifiable later.
1) Arbitration Law – Arbitration and Conciliation Act, 1996 – Section 34 – The scope of judicial review of arbitral awards is narrow and confined to grounds specified in Section 34; courts should not interfere with well-reasoned and plausible awards. 2) Contract Law – Agreement to Sell – A memorandum of understanding can constitute a binding and enforceable agreement of sale if intentions of parties are clear and language used does not require further agreement as a condition precedent.
1) Civil Law – Bombay Tenancy and Agricultural Lands Act, 1948, Section 32-M – A certificate under this section raises a presumption in favor of ownership and possession but is rebuttable and does not conclusively displace longstanding possession recorded in mutation entries. 2) Civil Law – Maharashtra Land Revenue Code, 1966, Section 157 – Mutation entries in revenue records raise a rebuttable presumption of possession and settled possession under revenue records protects the possessor’s right to injunction even against the true owner.
1) Family Courts Act, 1984; Section 19(2) – Bar of appeal against decrees or orders passed with consent of parties by the Family Court. 2) Hindu Marriage Act, 1955; Section 13B – Divorce by mutual consent and its finality when decree is passed by Family Court.
1) Criminal Law – Indian Penal Code Sections 354, 454 – Burden of Proof in Sexual Offense and Trespass Cases – Reliance on Material Consistency and Corroboration among Witnesses. 2) Criminal Law – Protection of Children from Sexual Offences Act, 2012, Section 8 – Requirement of Beyond Reasonable Doubt Standard in Child Sexual Abuse Cases.
1) Limitation Law – Limitation Act, 1963 – Section 3 and Section 5 – Bar of limitation and discretion to condone delay – Delay cannot be condoned without sufficient cause and adequate explanation. 2) Judicial Discipline – Exercise of discretion in condonation of delay – Courts must apply mandatory provisions strictly and cannot grant relief on mere equitable grounds or sympathy without proper diligence shown.
1) Criminal Law – Compromise and Settlement – Effect of compromise between parties in criminal cases involving economic offences under IPC and specialized statutes. 2) Criminal Procedure – Quashing of FIR and proceedings – Power of Court to quash criminal proceedings when parties have voluntarily settled disputes amicably before trial.
1) Service Law – Pension – Old Pension Scheme vs. New Pension Scheme – Employees regularized as casual workers prior to the New Pension Scheme are entitled to benefits under the Old Pension Scheme. 2) Administrative Law – Jurisdiction of Tribunals – The Central Administrative Tribunal has the authority to direct the implementation of pension benefits in accordance with prior judicial rulings concerning employee rights.
1) Service Law – Penalties – Central Reserve Police Force Act, 1949, Section 11(1) – Only prescribes the imposition of minor penalties; the nature of the misconduct and the absence of proper notice for a major penalty were not adhered to in this case. 2) Service Law – Disciplinary Proceedings – Principles of Natural Justice – The failure to provide the delinquent with a notice of proposed punishment limits their ability to defend against extreme disciplinary actions, making the decision arbitrary and unjust.
1) Civil Procedure – Evidence – Order 7 Rule 14 of the Code of Civil Procedure, 1908 governs the filing of documents along with the Written Statement and requires explanation for documents filed at a later stage. 2) Civil Procedure – Fair Trial – Principles of Natural Justice necessitate that parties be informed and given an opportunity to respond to new evidence presented at a late stage in proceedings to avoid prejudice.
1) Municipal Law – Delhi Municipal Corporation Act, 1957 – Section 349 – The issuance of a Vacation Notice despite a pending regularization application raises issues concerning due process and the right to fair hearing. 2) Administrative Law – Principles of Natural Justice – The failure to serve critical documents to the petitioner undermines his right to defend his application for regularization, thus violating principles of natural justice.
1) Criminal Law – Indian Penal Code; Sec 376 - Rape – A sexual relationship maintained over time typically implies consent unless proven otherwise, especially if it is established that the promise of marriage was used solely to induce sexual relations. 2) Criminal Law – Indian Penal Code; Sec 375 - Rape – Consent obtained through the false promise of marriage must be evaluated carefully, focusing on the character of the promise and the intention behind it at the inception of the relationship.
1) Evidence Law – Section 45 of the Indian Evidence Act – This provision allows forensic examination of documents when credible suspicions of tampering arise. The importance lies in ensuring the integrity of evidence presented in court. 2) Evidence Law – Presumption of Tampering – An allegation based solely on apprehension without concrete evidence does not warrant forensic analysis. This principle emphasizes the need for substantiated claims to invoke forensic scrutiny.
1) Service Law – Child Care Leave – Rule 43-C of the Central Civil Services (Leave) Rules, 1972 provides that a woman government servant having minor children is entitled to CCL for a maximum period of 730 days for their care; this leave can be combined with other forms of leave. 2) Service Law – Administrative Discretion – The decision to grant or deny CCL is discretionary but should not be exercised arbitrarily; it must consider the welfare of the child and the legitimate needs of the mother as per the spirit of the law.
1) Civil Law – Execution of Decrees – The execution court’s authority to issue warrants of possession is contingent upon compliance with the settlement terms agreed upon by the parties. 2) Civil Law – Settlement Agreements – A fresh settlement reached between the parties can supersede prior orders and facilitate a resolution process avoiding execution until specified conditions are met.
1) Civil Procedure - Right to Cross-Examine - The right to cross-examine a witness is a fundamental aspect of a fair trial, but it may be forfeited by a party who fails to exercise it without reasonable cause. 2) Civil Procedure - Adjournments - Repeated adjournments without sufficient cause can lead to closure of opportunities to present evidence, and the courts maintain the discretion to uphold such closures if deemed just and necessary.
1) Civil Procedure Code – Order XXXII CPC – Inquiry into the capacity of parties to appear – The court can allow appearances through videoconferencing to accommodate the health issues of parties involved, ensuring access to justice. 2) Civil Procedure Code – Personal Appearance – The privilege of videoconferencing may be granted on a case-to-case basis, especially in instances where personal appearance would cause undue hardship due to medical conditions.
1) Administrative Law – Disciplinary Authority – Principles of Natural Justice requires that a Disciplinary Authority provides reasons for its decisions addressing the individual's submissions. 2) Service Law – Compulsory Retirement – The process for imposing penalties must adhere to procedural fairness, including the requirement for the authority to justify the penalty imposed.
1) Criminal Law – Indian Penal Code; Sec 302 – Murder and Culpable Homicide – The distinction between murder and culpable homicide not amounting to murder must be recognized based on the presence or absence of intention. 2) Criminal Law – Indian Penal Code; Sec 304 Part II – Sudden Provocation – A conviction can be converted from murder to culpable homicide not amounting to murder when the act was committed in the heat of the moment without premeditation.
1) Criminal Law – Indian Penal Code; Sec 376 – The offence of rape under Section 376 requires the court to consider the testimony of child witnesses with sensitivity, particularly when corroborated by medical evidence. 2) Criminal Law – Child Victims – The testimony of a child victim, especially one of tender age, should not be dismissed on minor discrepancies but should be evaluated in the context of the overall evidence, including medical reports.
1) The appellate court’s jurisdiction to admit a time-barred appeal and the principles governing the setting aside of exparte decrees under Order IX Rule 13 CPC.
1) Arbitration and Conciliation Act, 1996 – Section 34 – Grounds for setting aside arbitral award include unintelligible reasoning and patent illegality affecting the award’s validity. The Court must ensure reasoned awards to uphold justice. 2) Contract Law – Liquidated Damages and Prevention Principle – Employer’s act or omission preventing contractor from timely completion negates employer’s claim for liquidated damages; extension of time clauses protect both parties and require proper allocation of responsibility for delay.
1) Execution Law – Code of Civil Procedure, 1908 – Order XXI – Execution of Decrees – Powers of Executing Court to ensure effective delivery of possession. 2) Civil Procedure – Execution – Role of bailiff and police assistance in enforcing decree for recovery of possession and regulating inventory of seized articles.
1) Civil Procedure – Parties – Impleading Necessary Parties – A court may allow impleading of parties necessary for effective adjudication of the matter. 2) Constitutional Law – Public Authorities – Khasi Hills Autonomous District Council – Legal Status and Participation in Writ Proceedings.
1) Service Law – Promotions – Modified Assured Career Progression (MACP) Scheme – Entitlement Calculation. 2) Administrative Law – Tribunal Orders – Correction and Implementation of Orders.
1) Civil Procedure Code – Order 8, Rule 6A – Counter Claim – A counter claim must be directed against the plaintiff and cannot be directed against a co-defendant; it should be connected or incidental to the cause of action of the suit. 2) Civil Procedure Code – Order 1, Rule 10 – Joinder of Parties – Impleading parties in possession of the property is necessary to avoid defect for non-joinder of necessary parties when possession affects relief sought.
1) Civil Law – Bombay Rent Act, 1947, Section 28 and Code of Civil Procedure, 1908, Order XXII Rule 9 – The jurisdiction of Civil Court and the effect of abatement on continuation of legal rights and proceedings. The court found that the suit could survive abatement due to the personal nature of license and no extinguishment of rights. 2) Civil Law – License Agreement vs Tenancy – An agreement of leave and license creates a personal right that is not transferable or inheritable unlike a tenancy. The licensee cannot claim tenancy rights, and heirs of a licensee cannot succeed to such license. Thus, Defendants as heirs of a licensee are trespassers on termination of license.
1) Cooperative Law – Maharashtra Cooperative Societies Act, 1960 – Sections 17(2) and 18(5) – These provisions expressly state that transfer of property and registration on bifurcation operate by statute notwithstanding other laws like the Transfer of Property Act or Registration Act, meaning no separate permission from lessor (CIDCO) is required. 2) Cooperative Law – Cooperative Societies – Bifurcation – Bifurcation under Section 18 is permissible if it promotes collective welfare, better administration, financial viability, and harmony among members, which is a guiding principle for validating division of societies.
1) Contract Law – Indian Contract Act, 1872 – Sections 139 and 141 – impose a duty on creditors not to act or omit acts inconsistent with surety’s rights, and ensure that loss or release of creditor’s securities without surety’s consent discharges the surety to the extent of such loss. 2) Contract Law – Hypothecation Agreement – possession of hypothecated goods with borrower and creditor’s rights limited to inspection/enforcement – absence of creditor’s contractual duty to protect security negates surety’s discharge claim without proof of creditor’s negligence.
1) Service Law – Maharashtra Cooperative Societies Act, 1960 – Section 78A – Empowers the Registrar to supersede the managing committee or remove members only upon satisfaction of clear statutory grounds such as prejudicial acts, financial irregularities, failure to conduct elections, cessation of functions, or disqualification, and requires procedural safeguards including notice, hearing, consultation with the federal society, and recording of reasons. 2) Constitutional Law – Cooperative Democracy – The democratic functioning of cooperative societies must be preserved; supersession or removal of elected committees is a drastic power and cannot be exercised on vague allegations, minor procedural lapses, or without adherence to the principle of natural justice and proper material on record.
1) Cooperative Societies Act, 1960 – Sections 154B-2(4) and 154B-1(8) – Registration of multiple cooperative housing societies on the same layout is permissible only when each society is capable of independent management and functioning. 2) Maharashtra Ownership Flats Act, 1963 – Section 10 – Promoter’s duty to register a cooperative society or association for all flat purchasers in a building to ensure a collective governing body and protect purchasers’ rights.
1) Service Law – Motor Vehicles Act, 1988 – Sec 168 – Compensation – Calculation of loss of income – Pension or retirement benefits post-accident do not reduce claimant’s loss of future earnings for compensation purposes. 2) Insurance Law – Motor Vehicle Act – Licensing and Insurance – A license to drive light motor vehicles below 7500 kg permits driving of transport vehicles without need for separate endorsement under Sec 10(2)(d) and (e) of the Motor Vehicles Act; therefore, no breach of policy occurs if driver holds such license for a vehicle within weight limits.
1) Cooperative Societies Law – Maharashtra Cooperative Societies Act, 1960 – Section 18 – Empowers the Registrar to order amalgamation, division, or reorganisation of cooperative societies if essential in public interest, interest of members, cooperative movement, or to secure proper management. The criteria require objective examination of collective welfare, better administration, financial stability, and democratic functioning. 2) Cooperative Societies Law – Principles of Bifurcation – Bifurcation is permissible only if the part proposing separation stands on a separate identifiable plot with independent access, utilities, financial liabilities, and separation does not harm parent society’s functioning; majority approval of entire society is not mandatory.
1) Criminal Law - Indian Penal Code, Sections 420, 120-B - Grant of Bail Principles in Economically Motivated Offences 2) Criminal Law - Chhattisgarh Protection of Depositors’ Interests Act and Prize Chit Fund and Money Circulation Schemes (Banning) Act - Bail Considerations in White-Collar Crimes under Special Statutes
1) Criminal Law – Indian Penal Code, Section 304-A – Rash and negligent driving causing death – Requirement of direct evidence or credible eyewitness testimony for conviction. 2) Criminal Law – Evidence – Identification of accused – Necessity of positive identification by witnesses for establishing guilt beyond reasonable doubt.
1) Criminal Law – Bhartiya Nyaya Sanhita, 2023 – Sections 296, 115(2), 351(2), 118(2) & 3(5) – Grant of Bail – Principles guiding bail grant where grievous injuries are alleged and investigation is pending. 2) Criminal Procedure – Bail Considerations – Delay in FIR and absence of criminal antecedents – Impact on bail decision.
1) Criminal Law – Bharatiya Nagarik Suraksha Sanhita, 2023 – Sections 109(1), 296, 351(2), 191(2), 191(3) & 190 – Bail – Principles governing grant of regular bail pending trial. 2) Criminal Procedure – Bail Conditions – Discretion of Court to impose specific bail conditions to ensure attendance and prevent abuse of liberty.
1) Education Law – Right to Education – Under the Right of Children to Free and Compulsory Education Act, 2009, a child's admission cannot be denied based on mere suspicion regarding residential address. 2) Education Law – EWS Admission Quota – The Directorate of Education's clarification indicates that the 25% quota is a minimum threshold for EWS admissions and there is no maximum limit on the number of students who may be admitted beyond this threshold.
1) Criminal Law – Protection of Children from Sexual Offences Act, 2012 – Section 10 – The provisions require clear establishment of the age of the victim, relying heavily on contemporaneous and verifiable documents such as school records for proof. 2) Criminal Procedure – Evidence – For the conviction under POCSO, the victim's testimony must be consistent and corroborated, especially given the tender age of the child victim; contradictions in the statements could render the prosecution's case weak.
1) Delhi Rent Control Act – Eviction – Section 14(1)(e) prescribes the grounds on which a landlord can seek eviction for personal bona fide requirement of the premises. 2) Delhi Rent Control Act – Leave to Defend – Section 25B sets the standard that a tenant must raise substantial triable issues to effectively contest eviction proceedings initiated by a landlord.
1) Criminal Law – Indian Penal Code – Identification – The integrity of identification parades is critical; prior exposure of the accused to witnesses undermines its probative value. 2) Criminal Procedure – Section 313 CrPC – False Implication – A conviction based solely on identification devoid of corroborative evidence, when identity is questionable, raises reasonable doubt leading to acquittal.
1) Criminal Law – Quashing of FIR – The inherent powers under Section 482 of the Code of Criminal Procedure allow the quashing of non-compoundable offences in cases of amicable settlement between parties, promoting the ends of justice. 2) Criminal Law – Dowry Prohibition – Section 498A IPC pertains to the protection of women from cruelty by husband or his relatives, but if the parties reconcile voluntarily, the legal proceedings can be quashed to prevent abuse of the judicial process.
1) Criminal Law – Quashing of FIR – Section 482 of the Criminal Procedure Code permits quashing of FIRs for non-compoundable offences in the interest of justice when disputes between parties are settled amicably. 2) Matrimonial Law – Amicable Settlements – The Supreme Court has recognized the significance of amicable settlement in matrimonial disputes, allowing for dismissal of proceedings resulting from such disputes to preserve family harmony.
1) Criminal Law - Arms Act - Section 25 - The element of intention or knowledge is essential for establishing possession of a firearm as an offense; mere custody without awareness does not constitute possession under the law. 2) Criminal Law - Possession - The absence of conscious possession negates the requisite mental element for criminal liability; an individual unaware of the possession of an item cannot be held liable under Section 25 of the Arms Act.
1) Negotiable Instruments Act – Section 138 – A cheque must be presented for encashment only if there is a legally enforceable debt or liability on the date it is presented; defense of cheque being merely security is not tenable if an outstanding obligation arises as per the contract. 2) Contract Law – Fundamental Terms – A contract that stipulates the conditions under which a cheque is given as a security can lead to criminal liability if the cheque is presented exceeding any lawful debt acknowledged by the parties, thus transforming its character.
1) Service Law – Appointment – The determination of equivalency and relevancy of academic qualifications for teaching posts requires assessment by a duly constituted expert committee comprising members with appropriate academic and professional expertise in the relevant disciplines. 2) Constitutional Law – Article 226 – The writ jurisdiction confers power to quash arbitrary or mechanically formed expert opinions which deprive a candidate of a right already created, ensuring fair and credible procedure in service appointments.
1) Constitutional Law – Jammu and Kashmir State Lands (Vesting of Ownership to Occupants) Act, 2001 (Roshni Act) – Declared unconstitutional and void ab initio – No rights or benefits can be derived from a void statute. 2) Civil Procedure – Abuse of Process of Court – Re-litigation and multiplicity of litigation with the same subject matter is an abuse of court process and can be summarily dismissed as per the principles established in K.K. Modi vs. K.N. Modi (AIR 1998 SC 1297).
1) The Right to Prior Purchase (Right of Preemption) must exist at the time of passing the decree for a suit based on it to succeed.
1) Motor Vehicles Act, 1988 – Section 166 – Compensation – Principles for computing compensation in death cases include fixing appropriate monthly income, adding future prospects as per the claimant’s age and employment status, deducting personal expenses, and applying the correct multiplier to determine loss of dependency. 2) Motor Vehicles Act, 1988 – Section 166 – Compensation – Future prospects enhancement as per Supreme Court judgment in National Insurance Co. Ltd. vs Prenay Sethi, for persons below 40 years not in permanent jobs, a 40% addition to income for future prospects is warranted.
1) Criminal Law – Protection of Children from Sexual Offences Act, 2012 – Sections 4 and 10 – Sexual assault and sexual harassment of a minor child constitutes an offence punishable with stringent penalties including life imprisonment. 2) Criminal Procedure – Examination of child witnesses – Timely completion of cross-examination is essential to a fair trial as per Supreme Court guidelines to prevent undue delay and witness tampering.
1) Insolvency Law – Insolvency and Bankruptcy Code, 2016 – Sections 3(7), 3(8), 3(11), 3(12) – Definition of corporate person, corporate debtor, debt and default – Applicability of IBC provisions to government companies. 2) Constitutional/Administrative Law – Sovereign Functions Doctrine – Liability of government companies performing sovereign functions and exclusion from insolvency proceedings under IBC – Interpretation based on authority in Hindustan Construction Company Ltd. and Balmer Lawrie & Co. Ltd.
1) Service Law – Tender Conditions – Risk and Cost Clause – Applicability and Challenge in Judicial Review. 2) Administrative Law – Principles of Natural Justice – Requirement of Hearing before Blacklisting/Debarment.
1) Khasi Hills Autonomous District Act, 2024 – Section 21(3) – Provision for referendum in case of dispute regarding office of Sordar Shnong and other traditional offices. 2) Administrative Law – Election of traditional village bodies – Necessity for fair process and supervision by appropriate authority to uphold legitimacy of local self-government proceedings.
1) Service Law – Meghalaya Excise Act (Assam Excise Act, 1910) – Section 28 and Rule 191 – Requirement of local public opinion and sanction by local bodies before issuance or revocation of licenses for retail liquor shops. 2) Constitutional Law – Right to Trade and Business – Trade in liquor is a State subject and a privilege granted under specific conditions, not an absolute or fundamental right.
1) Service Law – Appointment – Review and Expunction of Judicial Observations – Whether adverse observations by a court that are purportedly erroneous on record can be expunged or corrected through an appeal or restricted review. 2) Procedural Law – Locus Standi – Whether a writ appellant who is not a person aggrieved has the standing to file an appeal challenging observations made by the court.
1) Civil Procedure – Review Petition – Delay Condonation – Grounds for condoning delay in filing review petition based on non-availability of relied upon document. 2) Administrative Law – Evidence and Records – Custody and existence of documents relied upon in administrative orders and their impact on judicial review.