⦿
1) Property Law – Transfer of Property Act, 1882 – Section 52 – The doctrine of lis pendens bars the transfer of property during the pendency of a suit concerning that property, affecting all parties involved in the litigation, irrespective of their notice of prior agreements. 2) Specific Relief Act, 1963 – Section 19 – This section allows for the enforcement of specific performance against subsequent transferees who have paid for property in good faith and without notice, but such protection is void if the transfer occurs after the initiation of litigation over the same property, as established under Section 52 of the Transfer of Property Act.
1) Criminal Law – Indian Penal Code; Sec 302 – The law requires that a conviction can be secured through circumstantial evidence if the chain of circumstances is complete, unerring, and excludes every reasonable hypothesis consistent with the accused's innocence. 2) Indian Evidence Act; Sec 106 – The principle guides that the accused, being last seen with the deceased, has a burden to explain the circumstances of their parting, which if not done, strengthens the prosecution's case.
1) Indian Stamp Act, 1899 – Recovery of Duties – Section 48 provides modes for the recovery of duties, penalties, and sums due under the Act, allowing recovery from legal representatives to the extent of property inherited. 2) Uttar Pradesh Revenue Code, 2006 – Recovery Proceedings – Section 181 stipulates that recovery proceedings can continue against legal representatives after a defaulter's death, but limits their liability to the property of the deceased that has come to their hands.
1) Civil Procedure - Order VII Rule 11 CPC - The rejection of a plaint under this rule based on limitation requires strictly considering the plaintiff's averments and cannot include the defendant's documents or written statements. 2) Limitation Law - Suit for Cancellation of Will - The period of limitation for seeking cancellation of a document is calculated from the date of knowledge of the document, not from the date of its execution.
1) Revenue Law – Eviction Proceedings – Section 67 of the U.P. Revenue Code, 2006 outlines the process for eviction due to unauthorized occupation of Gram Sabha land, mandating sufficient opportunity for the concerned party to present their case. 2) Procedural Law – Fair Hearing – The principles of natural justice necessitate providing an opportunity to cross-examine witnesses in proceedings affecting property rights, as emphasized in the case of Rishipal Singh v. State of U.P.
1) Criminal Law – POCSO Act, 2012 – Section 29 – Presumption of commission of offence established under the POCSO Act necessitates careful consideration by courts in bail applications due to the serious nature of allegations involving minors. 2) Criminal Law – Anticipatory Bail – Precedents and Special Circumstances – Courts may directly entertain anticipatory bail applications under special circumstances, validating the jurisdiction of the High Court while stressing the norm to approach sessions courts first.
1) Municipal Law – Mumbai Municipal Corporation Act, 1888, Section 351 – Protection of structures in Slum Areas – Notices and demolition orders issued against protected structures under the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 are invalid. 2) Civil Procedure Code – Section 11 and Order 23 Rule 1(3) CPC – Principles of Res Judicata and withdrawal of suits with liberty to file fresh suits – Withdrawal of prior suit with liberty entitles filing of subsequent suit not barred by Res Judicata.
1) Labour Law – Unfair Labour Practice – Principles of natural justice require that charges should be specific and definite but may be upheld if charges are accompanied by clear statements of facts. 2) Service Law – Disciplinary Proceedings – Employer’s discretion prevails on imposing penalties when misconduct is substantiated by enquiry, and non-consideration of past record does not vitiate the punishment if misconduct is grave.
1) Criminal Law – Protection of Children from Sexual Offences Act, 2012, Sections 4(2) and 6 – Burden of proof lies on prosecution to establish that victim was a minor for application of POCSO provisions – Age proof may be corroborated by school records. 2) Criminal Procedure – Non-examination of Investigating Officer – While non-examination may affect fairness of trial, it is not fatal to prosecution if no material contradictions or omissions exist in prosecution witness testimonies.
1) Land Acquisition Act, 1894 – Section 18 – Principle of parity in compensation awards requires compensation for irrigated land to be enhanced to double the rate awarded for dry land when acquired for public purposes. 2) Land Acquisition – Determination of Market Value – Compensation awarded must be based on evidence specific to the acquired land’s nature, including whether it is irrigated or dry land, reflecting the true market value as per Supreme Court precedents.
1) Evidence – DNA Test Protocol – Before relying on DNA evidence, the prosecution must establish strict chain of custody and adherence to protocols to rule out contamination as per precedents Chandu @ Chandrashekhar Keshaorao Chambhare and Nivrutti S/o Nagorao Hange. 2) POCSO Act, 2012 – Section 2(d) defines a child as below 18 years, and for offences involving minors, the victim’s age must be reliably established through admissible evidence such as certified birth certificates.
1) Evidence – Age Determination – Ossification Test and Medical Reports – For proving victim’s age under POCSO Act, the prosecution must produce foundational evidence including experts who conducted radiological and forensic tests for cross-examination to establish reliability of age determination. 2) Forensic Evidence – DNA Samples – Strict compliance with medical protocols and chain of custody for DNA samples is essential; contamination or gaps in evidence handling can render DNA evidence inadmissible or unreliable.
1) Criminal Law – Indian Penal Code, Sections 363, 366A, 376(AB), 506 – Requirement of reliable and corroborative evidence to sustain conviction in cases of sexual offences, especially where the victim is a child. 2) Protection of Children from Sexual Offences Act, 2012 – Section 2(d), Section 29 – Definition of child and presumption of culpability; the prosecution must establish foundational facts beyond doubt to invoke presumptions under Section 29.
1) Right to Information Act, 2005 – Section 8(1)(j) exempts disclosure of personal information which has no relation to public interest or causes unwarranted invasion of privacy, unless larger public interest justifies disclosure. 2) Constitutional Law – Article 21 – Fundamental right to privacy includes protection of medical records and personal health information against unauthorized disclosure.
1) Civil Procedure Code – Order VIII Rule 9 – Subsequent Pleadings – Leave of Court is required for filing any pleading after the written statement other than defence to set-off or counter-claim – The court’s discretion to allow such pleadings must be exercised judiciously in light of the real controversy and potential prejudice. 2) Civil Procedure Code – Order VI Rule 17 – Amendment of Pleadings – Distinct from Order VIII Rule 9, amendments seek to relate back to original pleadings while subsequent pleadings stand separately; withdrawal or explanation of admissions in a written statement by way of amendment or additional pleading is permissible under appropriate circumstances but not to the extent of completely displacing earlier admissions that preclude prejudice to the other party.
1) Maharashtra Co-operative Societies Act, 1960 – Section 154B-5 – Limit on Membership – A housing society shall not admit to its membership persons exceeding the number of flats or plots available for allotment, making admission based on non-existent flats contrary to this statutory provision. 2) Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 – Section 10 – Promoter’s Obligation to Join Cooperative Society Application – Absence of promoter’s (developer’s) membership application evidences no unsold flats existed at the time of society formation.
1) Labour Law – Compassionate Employment – Administrative Order No. 407 of 2020 and Departmental Notification dated 10th June 2020 prescribe conditions under which compassionate appointment and ex-gratia compensation are granted to dependents of employees who die due to Covid-19. 2) Evidence Law – Standard of Proof – In cases involving death due to Covid-19, the applicable standard of proof is the preponderance of probability, not proof beyond reasonable doubt, especially where RTPCR test reports are unavailable.
1) Commercial Law – Arbitration – Under Section 11 of the Arbitration and Conciliation Act, the appointment of an arbitrator can be sought to resolve disputes arising from contractual agreements, necessitating necessary particulars to support the claims made. 2) Limitation – Limitation Act, 1963 – Article 18 – It prescribes a period of three years for filing suits related to contracts, and the period during which arbitration proceedings are pending can be excluded in computing this limitation.
1) Criminal Law – Karnataka Excise Act, Sec 36(1)(g) – License holders must ensure no minors are served alcohol or remain on the premises. This provision places a duty on licensees to actively prevent underage access to intoxicants. 2) Criminal Law – Juvenile Justice (Care and Protection of Children) Act, Sec 77 – Provides that giving intoxicants to any child is a punishable offence. This law underscores the necessity of safeguarding children from harmful substances, emphasizing strict liability on those in charge of licensed premises.
1) Motor Vehicles Act, 1988 – Section 173(1) – Compensation – Deduction towards personal expenses of deceased – The proportion of deduction for personal expenses is a relevant factor in computing compensation to claimants. 2) Compensation – Personal Expenses Deduction – Family status of deceased (bachelor) influences the quantum of deduction; however, the calculation is not rigid and depends on evidence and circumstances of the case.
1) Motor Vehicles Act, 1988 – Section 173(1) – Motor accident claim appeals and the scope of revising disability assessment by Claims Tribunal. 2) Compensation – Permanent Functional Disability – Functional disability assessment can exceed medical disability rating based on overall impact on claimant’s livelihood and dependency, as held in Rajkumar v. Ajaykumar, (2011) 1 SCC 343.
1) Criminal Procedure Code – Section 372 (Proviso) – The proviso allows a victim of an offence to prefer an appeal against an order of acquittal without requiring special leave from the High Court, expanding the victim’s right to challenge acquittals in private complaint cases. 2) Negotiable Instruments Act, 1881 – Section 138 – Dishonour of cheque is a penal offence, and the complainant is considered the victim entitled to seek remedy including appeal under CrPC provisions.
1) Criminal Procedure Code – Section 372 (Proviso) – Provides a victim of an offence the statutory right to file an appeal against an acquittal order without requiring special leave from the High Court. 2) Negotiable Instruments Act, 1881 – Section 138 – Being a penal provision, its complainant/victim is entitled to avail rights under CrPC Section 372 proviso for appealing acquittals.
1) Police Protection – Right to Protection – Where adult persons enter into marriage voluntarily, they are entitled to protection from harassment, as recognized under constitutional rights of life and personal liberty. 2) Constitutional Law – Article 21 – Right to Life and Personal Liberty – Includes right to live with dignity free from threats and harassment, ensuring protection for consensual adult marriages.
1) Administrative Law – Recruitment Rules – Principle of De minimis non curat lex – A trivial or inadvertent technical error in application forms, which does not confer any competitive advantage or affect selection, should not lead to cancellation of candidature. 2) Constitutional Law – Articles 14 & 16 – Doctrine of Equality and Non-Arbitrariness – Disqualification or rejection orders must be based on fair, reasonable, and non-arbitrary application of rules considering bona fide errors, especially when judicial directives have been issued.
1) Civil Procedure Code – Section 11 – Res judicata – A suit dismissed for default, not having been heard and finally decided on merits, does not ordinarily constitute res judicata to bar subsequent proceedings. 2) Civil Procedure Code – Order XXI Rules 97–101 – Execution – The executing court has jurisdiction to adjudicate disputes relating to right, title, or interest of any person resisting possession, obviating the necessity of a separate suit.
1) Land Acquisition – National Highways Act, 1956, Sections 3-G, 3-J and 23 – Section 3-J declared unconstitutional to the extent it denies solatium and interest, establishing landowners’ right to these benefits in line with Sections 23(1-A) and 23(2) of the Land Acquisition Act, 1894. 2) Constitutional Law – Article 14 of the Constitution of India – Denial of solatium and interest constitutes arbitrary discrimination violating Article 14, mandating equal treatment of landowners irrespective of timing or statutory provisions.
1) Contract Law – Tender Evaluation – The Quality and Cost Based System (QCBS) methodology governs the evaluation of bids and the awarding of contracts, requiring courts to defer to the owner’s technical expertise and discretion unless arbitrariness, mala fide, or perversity is shown. 2) Constitutional Law – Judicial Review – Judicial interference in tender evaluation and contract awards is limited to ensuring fairness and legality; courts must exercise restraint and avoid substituting their own decision for that of the contracting authority when the latter acts within the contractual terms and absence of mala fide or arbitrariness.
1) Service Law – Statutory Concessions – Section 5A of the Bombay Electricity Duty Act, 1958 empowers the State Government to grant, modify, or withdraw exemptions from electricity duty as a fiscal concession without creating a legally enforceable right in the beneficiaries. 2) Constitutional Law – Article 14 – Withdrawal or modification of statutory exemptions must not be arbitrary or discriminatory and should withstand judicial review on the ground of reasonableness and fairness, including adequate notice to affected parties.
1) Criminal Law – Indian Penal Code, Sections 498A, 323, 354 – The provisions define cruelty by husband or relatives, voluntary causing hurt, and assault with intent to outrage modesty, highlighting the requirement of specific and corroborated allegations to sustain prosecution. 2) Criminal Procedure – Power of High Court under Section 482 CrPC – The Court holds inherent power to quash criminal proceedings to prevent abuse of process where allegations are baseless, inherently improbable, or lack sufficient prima facie evidence after reasonable delay.
1) Electricity Law – Electricity Act, 2003 – Sections 61, 62, 64, 79, 86, 181 – The Electricity Regulatory Commissions have exclusive and plenary power to determine tariff and are statutorily obligated to take into consideration any incentive or subsidy granted by the Central or State Government while determining tariff under Regulation 20 of the APERC Tariff Regulations, 2015. This duty includes consideration of GBI and cannot be negated by the executive scheme's existence. 2) Constitutional Law – Article 114(2) and Article 282 – Parliamentary grants under Article 282 for generator incentives do not deprive the SERC of its regulatory power to determine tariff. While the grant must reach its intended beneficiary, the regulatory authority remains competent to take such grants into account in tariff fixation without altering the destination or diversion of the funds.
1) Service Law – Judicial Discipline – The doctrine of binding precedent underpins judicial discipline ensuring subordinate authorities strictly adhere to orders and law laid down by superior courts to maintain rule of law and confidence in judiciary. 2) Rent Control Law – UP Urban Premises Rent Control Act, 2021, Section 21(2) and Section 38 – Jurisdiction of Rent Authority is limited to landlord-tenant relationship and rent recovery but does not extend to questions of title or ownership, which remain within the domain of Civil Courts.
1) Land Acquisition Act, 1894 – Section 28-A – Re-determination of compensation can be sought not only on the basis of the first award passed by the Reference Court but also on the basis of any subsequent award including that passed by the High Court or Supreme Court, consistent with the beneficent object of ensuring equality among similarly placed landowners. 2) Civil Procedure – Doctrine of Merger – An appellate court’s decree merges the decree of the lower court, and hence the final binding award for compensation is that of the appellate forum, which must be the basis for re-determination under Section 28-A, allowing multiple applications based on successive awards without estoppel.
1) Criminal Law – Code of Criminal Procedure (Cr.P.C.) – Sections 215 and 464 – Defects or errors in framing charges do not invalidate trial unless such defects mislead the accused and occasion a failure of justice. 2) Criminal Law – Code of Criminal Procedure (Cr.P.C.) – Section 228 – Mandatory procedural requirement of framing charges before trial commences with accused’s plea; non-compliance can amount to irregularity but may not vitiate trial if no prejudice arises.
1) Family Law – Jurisdiction – The Family Courts Act, 1984 establishes an exclusive forum for family disputes, posing a significant barrier to transferring such matters to Gram Nyayalayas without legislative grounding. 2) Statutory Interpretation – Harmonious Construction – It is essential to apply the principle of harmonious construction to resolve possible overlaps between special statutes like the Family Courts Act and the Gram Nyayalayas Act while adhering to legislative intent.
1) Service Law – Qualifications – Uttar Pradesh State University (Centralised) Service Rules, 1975 – The qualifications for public service positions must be strictly interpreted to include only roles directly under the control of the State or Union Government. 2) Administrative Law – Appeal Process – The nature of a government office is strictly limited to entities established under direct state or central government authority, impacting the eligibility for such government positions.
1) Domestic Violence Act – Maintenance – Section 31 provides for the enforcement of maintenance orders, demonstrating that committing a defaulter to civil prison does not absolve them of financial obligations. 2) Criminal Procedure Code – Section 300 – The principles of 'Autrefois convict' are not applicable to civil proceedings for maintenance under the Domestic Violence Act, hence the earlier jail term does not absolve liability for maintenance payments.
1) Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 – Definition of Financial Institution – Respondent No. 4 falls under the definition as notified by the Central Government enabling it to invoke SARFAESI Act provisions. 2) Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 – Alternative Remedy – An efficacious legal remedy is available before the Debts Recovery Tribunal for any grievances concerning the loan recovery.
1) Maharashtra Co-operative Societies Act, 1960 – Section 154B-29 – The statutory scheme mandates adherence to final judicial orders; authorities must act consistently with binding Court directives. 2) Contempt of Courts Act, 1971 – Section 12 and Proviso – Disobedience of binding Court orders may attract contempt jurisdiction even if based on bona fide mistake; apologies may mitigate but do not absolve responsibility.
1) Maharashtra Ownership Flats Act, 1963 – Section 11 – Unilateral deemed conveyance – Procedural right of co-operative housing societies to seek conveyance of land and building and limitations imposed by principles of laches and finality of orders. 2) Civil Procedure Code, 1908 – Doctrine of Res Judicata (Section 11 of CPC) – Binding effect of final quasi-judicial orders and inadmissibility of reopening the same issue between the same parties in subsequent proceedings.
1) Maharashtra Ownership Flats Act, 1963 – Section 11 – Grants statutory remedy of deemed conveyance to cooperative housing societies when the promoter or original owner fails to execute conveyance within prescribed time; requires careful consideration of municipal plans, revenue records, and property boundaries by the Competent Authority. 2) Administrative Law – Quasi-judicial Powers – Competent Authority exercising statutory quasi-judicial functions must give reasoned decisions based on a detailed evaluation and reconciliation of competing official records and evidence before rejecting an application.
1) Maharashtra Ownership of Flats Act, 1963 – Section 11 – Deemed Conveyance – The Act empowers the Competent Authority to issue a Certificate of Unilateral Deemed Conveyance to housing societies, based on proportionate share of land related to the flats owned, even if buildings are developed in multiple phases forming composite structures. 2) Property Law – Conveyance and Partition – The correctness of apportioning land area and proportionate share based on development agreements, architect certificates, and layout plans is a question of fact requiring evidence; summary proceedings under Section 11 cannot conclusively decide complex measurement disputes requiring civil adjudication.
1) Criminal Procedure – Right to legal aid under Article 21 of the Constitution of India as interpreted in Criminal Manual, Chapter V, and Legal Services Authorities Act, 1987 requires appointment of competent legal counsel sufficiently in advance to ensure fair trial, especially in cases involving death penalty. 2) Criminal Trial – Fair Trial – Absence of effective legal representation during framing of charges and recording of prosecution evidence amounts to violation of accused's fundamental right to a fair trial, warranting de novo trial or acquittal as per binding Supreme Court precedents (e.g. Anokhilal v. State of Madhya Pradesh, Ashok v. State of U.P.).
1) Maharashtra Ownership Flats Act, 1963 – Section 4 & Section 11 – A registered Lease-cum-Conveyance executed in favour of a housing society can satisfy the purpose of Section 4 agreements and support an application for deemed conveyance under Section 11, even if separate Section 4 agreements are not produced. 2) Property Law – Conveyance and Purchaser’s Obligations – Subsequent purchasers who acquire property subject to existing conveyances with specific burdens or obligations are bound by those terms and cannot resist statutory claims arising from those obligations.
1) NDPS Act, Sec 37 – Mandatory provisions for bail are stringent in cases involving commercial quantity of narcotic drugs; bail is an exception granted only if there are reasonable grounds to believe the accused is not guilty and will not commit an offence while on bail. 2) NDPS Act, Sec 50 & 52A – The right to search in presence of a Gazetted Officer or Magistrate must be communicated to the accused; delay or procedural irregularity in sending the seized contraband inventory to Magistrate does not vitiate the trial nor entitle bail per se.
1) Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 50 - Mandatory requirement to inform the person to be searched of his right to be searched in presence of a Gazetted Officer or Magistrate, and the manner of communication of this right is essential but non-compliance of procedural aspects does not vitiate the trial. 2) Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 52A - Procedural provision for early disposal of seized narcotic drugs; non-compliance or delay is only a procedural irregularity that neither vitiates trial nor entitles the accused to bail under Section 37.
1) Motor Vehicles Act, 1988 – Compensation for death due to road accident – Determination of contributory negligence requires concrete evidence beyond mere impact or damage to vehicles as per established principles of negligence and liability. 2) Motor Vehicles Act, 1988 – Calculation of compensation – Principles including the addition of 25% towards future prospects (National Insurance Co. Ltd. v. Pranay Sethi) and rightful deductions towards personal expenses apply to derive just and equitable compensation.
1) Motor Vehicle Accident Claims – Section 166 of the Motor Vehicles Act, 1988 – Liability of Owner and Insurer – Liability is determined based on negligence causing the accident and evidence such as spot panchanama and nature of collision; contributory negligence must be established by clear evidence to reduce liability. 2) Compensation – Principles for Awarding Just Compensation – Compensation determination includes considering income, future prospects, multiplier based on deceased’s age (Sarla Verma formula), and heads such as loss of consortium, loss of estate, and funeral expenses, even in absence of cross-appeal for enhancement.
1) Motor Vehicles Act, 1988 – Section 140 – Principle of ‘pay and recover’ allows an insurer to pay compensation without admission of liability and subsequently recover from the party responsible for the breach of policy conditions. 2) Motor Accident Claims Tribunal powers – Even if an insurer is exonerated from liability due to breach of policy terms such as invalid driving license or unauthorized use, the Tribunal can direct the insurer to initially compensate the claimant to avoid delay in relief.
1) Indian Penal Code - Sec 354 - Outraging Modesty – The sole testimony of the victim is sufficient and reliable to sustain conviction if it inspires confidence and is consistent regarding the essential particulars of the offence. 2) Evidence - Sole Witness Testimony – The credibility of a victim’s testimony can be relied upon without corroboration if the testimony is consistent, inspires confidence and corroborates the charge sufficiently.
1) Criminal Law – Prevention of Corruption Act, 1988, Sections 7, 13(1)(d), 13(2) – The prosecution must conclusively prove both the demand and acceptance of bribe for conviction under these sections. 2) Evidence – Appreciation of Evidence – Contradictions and inconsistencies in key witness testimonies, especially between the complainant and shadow panch, impair the credibility of prosecution and must lead to acquittal if reasonable doubt arises.
1) Indian Penal Code, Sec 494 – Bigamy – For an offence under Section 494 IPC, prosecution must prove the existence of a valid and subsisting first marriage and a legally valid subsequent second marriage, requiring evidence of solemnization such as invocation of Saptapadi before sacred fire. 2) Evidence – Hearsay evidence is insufficient to prove commission of an offence; direct and cogent evidence including testimony of key witnesses (e.g., marriage priest) is essential to establish validity of second marriage in bigamy cases.
1) Indian Penal Code – Section 376(2)(j)(k)(n) – Defines aggravated penetrative sexual assault and factors increasing severity of punishment when the victim is a minor and the offender is a guardian or in a position of trust. 2) Protection of Children from Sexual Offences (POCSO) Act, 2012 – Sections 6 and 8 – Criminalizes penetrative sexual assault against children under 18 years and prescribes stringent punishment; evidence of victim’s age is crucial for applicability.
1) Constitutional Law – Scheduled Castes and Scheduled Tribes – Recognition and Validity Certificate – The State Government’s Circular and Government Resolutions govern the criteria and procedure for issuance of tribal validity certificates to persons claiming to belong to recognized Vimukta Jatis, including ‘Chapparband’ Muslim persons who suffix ‘Shah’. 2) Administrative Law – Quasi-Judicial Bodies – The Caste Scrutiny Committee cannot re-examine or sit as an appellate authority over previously issued validity certificates, especially when there is no claim of fraud or jurisdictional error in such certificates.
1) Constitutional Law – Scheduled Tribes – Determination of Tribe Validity – The "affinity test" examining knowledge of customs and rituals is not a conclusive or mandatory litmus test for determining Scheduled Tribe status as per Supreme Court precedents including Anand vs. Committee for Scrutiny and Maharashtra Adiwasi Thakur Jamat case. 2) Evidence – Weight of Documents – Pre-constitutional period documents bearing tribe name are of highest probative value and must be given primacy over newer adverse entries especially when religion terms like ‘Muslim’ are incorrectly conflated with tribe designation.
1) Criminal Law – Indian Penal Code, Sections 141, 147, 148, 149, 307 – Unlawful Assembly – Constructive Liability under Section 149 applies to all members for offences committed in furtherance of common object, no need to prove overt act by each member. 2) Criminal Procedure – Compoundability of Offences – Offences under Section 307 IPC are non-compoundable under Section 320 CrPC; settlements between parties do not entitle quashing of criminal proceedings for such serious offences.
1) Criminal Law – NDPS Act, 1985, Section 21(b) – Bail – Bail is generally not granted if the accused is a habitual offender or had committed the offence while on bail for a previous offence under the NDPS Act. 2) Criminal Procedure – Right to Speedy Trial – Once the trial has commenced and is near conclusion, courts generally refrain from granting bail unless there is an undue delay not attributable to the accused, to preserve the integrity of the trial process.
1) Arbitration and Conciliation Act, 1996 – Section 34 – Grounds for setting aside arbitral awards do not allow re-appreciation of contract terms where the arbitrator’s interpretation is possible and plausible, absent error apparent on face of record. 2) Contract Law – Risk Management System (RMS) Policy – Contractual terms conferring right to square off client positions upon shortfall of safety cover (25%) are binding and enforceable, and arbitrator must enforce them unless shown to contravene applicable statutory regulations (NSE Regulation 3)10).
1) Maharashtra Co-operative Societies Act, 1960 – Section 154B-29 – Recovery Proceedings – The authority’s role is limited to determining whether the society’s claim for maintenance dues is valid based on the documents produced, without adjudicating independent disputes between members and maintenance agencies. 2) Cooperative Societies – Maintenance Charges – Legal Principles of Set-off – For set-off of payments made to third parties against dues claimed by the society, there must be a clear legal nexus showing such payments were authorized or accepted as discharge of society’s liability.
1) Representation of People Act, 1951 – Section 33A and Rule 4A of the Conduct of Election Rules, 1961 – Candidates must disclose full details of all pending criminal cases in the prescribed affidavit (Form 26), including those where charges are not yet framed, to allow voters informed choice. 2) Representation of People Act, 1951 – Sections 83 and 100 – Strict pleading requirements for election petitions, particularly on corrupt practices and improper acceptance of nomination, require precise, specific, and material facts showing how improper acceptance or suppression materially affected the election result for the petition to be maintainable.
1) Sexual Harassment - Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, Section 13(3)(i) - mandates that upon a finding of proved sexual harassment, the employer shall take action for misconduct in accordance with applicable service rules or, where no such service rules exist, in such manner as may be prescribed. This provision allows specialized procedures under specific institutional statutes and rules to prevail over general service rules. 2) Service Law - Central Civil Services (Classification, Control and Appeal) Rules, 1965, Rule 14(2) Proviso - while generally applicable for disciplinary proceedings, the CCS (CCA) Rules do not apply where a special statute or rules prescribe a different manner of inquiry and penalty imposition, as the IIT Bombay Policy/Attendant Rules under the IIT Act specifically provides for procedures governing sexual harassment cases.
1) Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 – Section 13(8) – Right to redeem the mortgage is extinguished on the date of publication of the auction notice, and no redemption or setting aside of the sale can be granted thereafter. 2) Constitutional Law – Article 226 – High Courts have discretion to entertain writ petitions despite availability of alternative statutory remedies if fundamental jurisdictional errors or procedural irregularities are shown, including when an order is passed in contravention of settled Supreme Court law.
1) Mining Law - Mineral Concession Rules - Rule 59 prescribes that areas previously held under a mining lease cannot be re-granted unless officially notified as available, emphasizing procedural compliance in land allotment for mining purposes. 2) Mines and Minerals (Development and Regulation) Act, 1957 - Section 11(4) - Highlights the distinction between surface rights and mineral rights, affirming that the allotment of surface rights does not equate to the grant of mining rights.
1) Civil Procedure - Amendment of Pleadings - Order VI Rule 17 of the Code of Civil Procedure allows for amendments even after the commencement of trial to ensure that the real questions in controversy are resolved. 2) Civil Procedure - Due Diligence - The requirement for due diligence in seeking an amendment does not always apply, especially when the amendment relates to subsequent events relevant to the case.
1) Civil Procedure – Order XXVI Rule 9 of the Code of Civil Procedure, 1908 – Allows for the appointment of a Court Commissioner to assist in the identification and measurement of properties in dispute, thus facilitating fair adjudication. 2) Civil Law – Effective Remedy – Ensuring that a Court Commissioner is appointed in disputes over property measurements is essential for upholding the right to seek legitimate claims in civil actions.
1) Civil Procedure – Section 24 – Transfer of Suits – A transfer of proceedings is considered as a 'case decided' under Section 115, making civil revision petitions maintainable regarding orders passed on such transfer applications. 2) Civil Procedure – Judicial Authority – The court must consider grounds for transfer judiciously, and an appellate court can revise such decisions if they impact proceedings even if not directly related to the core issues of the suit.
1) Motor Vehicles Act – Authority to Seize – Under Sections 11A of the Karnataka Motor Vehicles Taxation Act, 1957 and Section 207 of the Motor Vehicles Act, 1988, only officers of defined ranks are authorized to seize vehicles, ensuring protections against unauthorized actions. 2) Procedural Fairness – The principle of law mandates that any coercive action impacting property must adhere to statutory limits, rendering actions beyond authority as illegal and unsustainable, thereby protecting citizens' rights against arbitrary power.
1) Criminal Law – Narcotic Drugs and Psychotropic Substances Act, 1985 – Section 37 – Bail condition for offenses involving commercial quantities includes an evaluation of the likelihood of the accused absconding or committing another similar offense. 2) Criminal Law – Bail – The principle of granting bail considers the nature of the offense and the background of the accused; non-habitual offenders may be granted bail unless substantial risks are proven by the prosecution.
1) Civil Law - Execution Proceedings - The legal framework governing execution petitions necessitates an accurate determination of the amounts payable as decreed, requiring the Executing Court to conduct necessary inquiries when disputes arise over amounts owed. 2) Civil Procedure - Remission of Matter - If there is a dispute about the amount payable in execution proceedings, the appropriate course of action is to remit the matter back to the Executing Court for adjudication rather than deciding on merits in higher judicial levels.
1) Criminal Procedure – Section 348 of the BNSS (or Section 311 of the Cr.P.C.) – Allows the Court to recall witnesses for further examination in the interest of justice. 2) Criminal Procedure – Witness Bhatta – The requirement for payment of witness bhatta must not hinder the right to fair trial and effective cross-examination.
1) Civil Procedure - Appeal - Section 96 of the Code of Civil Procedure, 1908 - A Regular Appeal is a continuation of the original proceedings and allows parties to pursue their rights through proper channels. 2) Civil Law - Land Acquisition - Rights of Parties - The closure of land acquisition proceedings without participation of claimants potentially undermines their entitlement to compensation related to the outcome of concurrent civil suits.
1) The grant or continuation of bail by a designated court under the NIA Act is subject to the accused’s compliance with bail conditions and cooperation with the trial, and such bail can be confirmed by consent preserving the prosecution’s right to seek cancellation on changed circumstances.
1) Criminal Procedure – Section 372, Cr.P.C. – The proviso inserted by Parliament grants victims of an offence the right to file an appeal as a matter of right, without being circumscribed by conditions such as special leave, highlighting the legislative intent to empower victims. 2) Negotiable Instruments Act, 1881 – Section 138 – The complainant under this section is both the aggrieved party and the victim of the offence, thereby entitled to exercise victim rights under the Cr.P.C., including filing an appeal against acquittal without seeking leave.
1) Motor Vehicles Act and Insurance Law – Principle of pay and recover is not applicable when insurance policy does not cover passengers travelling in a goods vehicle, thus exonerating the insurer from liability to pay compensation. 2) Motor Vehicles – Driving Licence Validity – A driver holding a licence for Light Motor Vehicle is legally competent to drive any vehicle within that category including a Matador with unladen weight below 7500 kg as per registration certificate.
1) Limitation – Section 5 of the Limitation Act, 1963 – Defines "sufficient cause" for condonation of delay requiring a legal and adequate reason for the delay to enable exercise of discretion by the court. 2) Legal Profession – Negligence of counsel – A litigant cannot shift entire blame on the counsel’s negligence without substantial proof to excuse long inordinate delay in filing appeals or applications.
1) Limitation – Section 5 of the Limitation Act, 1963 – Requires that sufficient cause must be shown for condonation of delay and mere ignorance or vague reasons do not constitute sufficient cause for extension of limitation period. 2) Motor Vehicles Act, 1988 – Section 173(1) – Appeals against Awards of the Motor Accident Claims Tribunal must be filed within the stipulated period unless condoned by court on sufficient cause.
1) Limitation Act, Section 5 – Condonation of Delay – The section allows for extension of prescribed limitation period if sufficient cause for delay is shown, but the explanation must be plausible and bona fide to justify condonation. 2) Motor Vehicles Act, 1988 – Social Welfare Legislation – Courts generally adopt a liberal approach in condoning delay in cases arising from this Act but without rendering the Limitation Law ineffective.
1) Service Law – Article 226 of the Constitution of India – Writ jurisdiction empowers the High Court to direct fresh consideration of representation by competent authorities where prior decisions are vitiated or outdated, without expressing opinion on merits. 2) Criminal Law – Indian Penal Code, Section 325 – Punishment under Section 325 IPC removed from category of moral turpitude as per Circular dated 24.07.2018, influencing disciplinary actions in service matters.
1) Service Law – Navy Regulations 1963, Reg. 203 – Grant of Permanent Commission – PC may be granted subject to availability of vacancies in the stabilised cadre and suitability of officers on inter se merit derived from ACRs – Assessment must be fair, transparent, and based on contemporaneous criteria. 2) Service Law – Natural Justice – Fair Procedure – Non-disclosure of evaluation criteria and vacancy details to candidates undermines transparency and fairness, violating fundamental principles of natural justice in service selections.
1) Service Law – Permanent Commission – Policy Circular dated 15.01.1991 and File Noting dated 22.01.1991 – An annual cap of 250 vacancies for PC is subject to relaxation and does not constitute an inflexible or sacrosanct limit. 2) Constitutional Law – Doctrine of Legitimate Expectation – A legitimate expectation must be reasonable and legally sustainable within the constitutional framework, and cannot override constitutional rights or provisions.
1) Constitutional Law – Constitution (Scheduled Castes) Order, 1950 – Clause 3 – Bars Scheduled Caste status to persons professing a religion other than Hindu, Sikh, or Buddhist, thereby excluding Christian converts from Scheduled Caste protection under the SC/ST Act. 2) Criminal Law – Section 482 CrPC – The High Court has jurisdiction to quash criminal proceedings when allegations, even if accepted in entirety, do not disclose a cognizable offence or where continuation would amount to abuse of process.
1) Arbitration Law – Arbitration Act, 1940 – Section 2(a) – Arbitration agreement requires mutual consent (consensus ad idem) of parties to submit disputes to arbitration for valid invocation of arbitral jurisdiction. Absence of such mutuality renders arbitration proceedings void. 2) Municipal Law – Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 – Section 143A(3) – State Government’s power to issue general or special orders relates only to regulating the manner and procedure of octroi collection and does not extend to unilaterally appointing an arbitrator to resolve disputes under contracts entered by the Municipal Council, which is a corporate body with independent authority.
1) Service Law – Pension Regulations, 1961 and 2008 – Paragraphs 9, 18, 44, and 125 – Provisions for rounding off qualifying service and condonation of deficiency up to twelve months – These provisions apply equally to Defence Security Corps personnel unless inconsistent with DSC-specific regulations. 2) Service Law – Pension Regulations and Defence Security Corps Regulations – Incorporation by reference under Paragraphs 266 (1961) and 173 (2008) – Pensionary provisions applicable to Regular Army personnel extend to DSC personnel except where explicitly inconsistent; condonation of qualifying service deficiency applies to second service pension as well.
1) Central Excise Act, 1944 – Section 5A(1) – Power to grant exemption from excise duty – Exemption notifications granting nil rate of duty on Naphtha intended for use in manufacture of fertilizer or ammonia must be liberally construed in favor of the assessee when the goods are intended for such use, even if actual diversion or indirect use occurs. 2) Central Excise Act, 1944 – Section 11A(1) proviso – Extended limitation period for recovery of duty – Extended period of limitation of five years is attracted only if there is deliberate act of fraud, collusion, willful mis-statement or suppression of facts or contravention of statutory provisions with intention to evade payment of duty.
1) Criminal Law – Indian Penal Code, Section 376 – Rape – The sole testimony of the prosecutrix, if it inspires confidence, is sufficient for conviction without requirement of corroboration, particularly in sexual assault cases involving child victims. 2) Criminal Law – Evidence – Appreciation of Child Witness Testimony – Minor contradictions or trivial discrepancies in testimonies do not necessarily undermine the credibility of evidence; courts must assess testimony as a whole to determine if it carries the ring of truth.
1) Service Law – Armed Forces – Short Service Commission and Permanent Commission – Discretionary relief for reinstatement and grant of PC depends on promptness and diligence in challenging release and relevancy of timing post judicial pronouncements (e.g., Babita Puniya v. Secretary). 2) Service Law – Human Resource Policy – Effect of HR Policy 21/2006 which discontinued grant of Permanent Commission from 2006 onwards and its impact on eligibility and entitlement of SSCOs for PC post policy implementation.
1) Service Law – Air Force Human Resource Policy 04/10 – Eligibility for Permanent Commission and pensionary benefits requires minimum average Annual Confidential Report grading of 6)5 for preceding three years, establishing a qualifying benchmark for pension. 2) Service Law – Pension Computation – Pension for prematurely released SSCWOs shall be computed on the basis of notional last drawn salary upon completion of minimum pensionable service, but not inclusive of notional time-scale promotions to ranks never held.
1) Service Law – Armed Forces Policy – HRP 01/2019 – Establishment of Minimum Performance Criteria for eligibility to Permanent Commission and its impact on officers’ eligibility and fairness in promotion considerations. 2) Administrative Law – Fairness and Transparency – Requirement for adequate notice, reasoned evaluation, and disclosure of criteria and vacancies prior to the Selection Board to uphold principles of natural justice in service matters.
1) Guardianship - Property - Section 8(2) of The Hindu Minority and Guardianship Act, 1956 restricts a natural guardian from selling a minor’s property without prior court permission, but this does not apply to undivided shares in joint family property managed by an adult member. 2) Guardianship - Natural Guardian - Section 6 of The Hindu Minority and Guardianship Act, 1956 defines the mother as the natural guardian of a minor boy or unmarried girl, emphasizing her rights and responsibilities in managing the minor’s interests.
1) Administrative Law – Natural Justice – Principles of natural justice dictate that a party must be given an adequate opportunity to present their case before a decision is made against them. 2) Administrative Law – Malice in Law – An action can be said to be vitiated by malice in law when it is done without lawful excuse and manifests intent to harm the party, undermining the legal rights afforded to individuals.
1) Regulation of Building Operations Act, 1958 – Section 7-A – The provision allows for the cancellation of permissions granted under fraud – Important for ensuring integrity in granting construction permissions. 2) Regulation of Building Operations Act, 1958 – Section 10 – This section allows for demolition orders for constructions in violation of the Act – Essential for enforcing compliance with sanctioned building plans.
1) Motor Vehicles Act, 1988 – Section 166 – Liability and compensation – Burden of proof lies on the claimant to establish rash and negligent driving causing the accident to claim compensation. 2) Motor Accident Claims – Evidence – Pleadings without supporting evidence or witness testimony cannot substantiate the defense and are insufficient to disprove negligence.
1) Arbitration and Conciliation Act, 1996 – Section 34 – Scope of judicial review of arbitral awards – Courts must not interfere with findings of fact and mixed questions of law and fact unless the award is perverse or ignores vital evidence. 2) Limitation Act, 1963 – Article 113 and Section 18 – Computation of limitation period from the date of accrual of cause of action or acknowledgment of liability – Acknowledgment requires proof and has to meet statutory criteria to extend limitation period.
1) Negotiable Instruments Act, 1881 – Section 138 – Prescribes the procedure for prosecution of dishonored cheque cases and mandates strict adherence to limitation period for filing complaint within one month from expiry of 15 days after receipt of demand notice. 2) Negotiable Instruments Act, 1881 – Sections 118 and 139 – Statutory presumptions relating to issuance of cheque and existence of legally enforceable debt; burden lies on complainant to substantiate legally enforceable debt before accused is called to rebut.
1) Registration Act, 1908 – Section 69 and Registration Rules – The registering officer’s duty is confined to procedural compliance and stamp duty verification; the officer is not required or empowered to adjudicate or verify the title of the executant or parties to the document. 2) Criminal Procedure – Quashing of FIR under Section 528 BNSS – An FIR can be quashed when the allegations do not prima facie disclose commission of a cognizable offence and when interference is necessary to prevent abuse of legal process (per State of Haryana v. Bhajan Lal, 1992).
1) Civil Procedure Code, 1908 – Order I Rule 3 – Joinder of Parties – A defendant must be a person against whom relief is claimed or whose action is challenged in a suit for decree of perpetual injunction, which is in personam in nature. 2) Civil Procedure Code, 1908 – Order I Rule 10(2) – Court’s power to add or strike out parties – A party is added only if their presence is necessary for effectual and complete adjudication of all questions involved in the suit.
1) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 – Section 18 – Bars the grant of anticipatory bail under Section 438 Cr.P.C. for offences under the Act unless prima facie no offence is made out; establishes absolute bar subject to judicial discretion in exceptional cases without prima facie merits. 2) Criminal Procedure Code, 1973 – Section 438 – Provision for anticipatory bail; applicability excluded by Section 18 of the SC/ST Act in relation to offences under the Act committed in public view and against scheduled caste or scheduled tribe members.
1) Motor Vehicles Act, 1988 – Section 166 – Compensation for Death due to Motor Accident – Courts may assess income based on evidence including prior salary, education, and potential future earnings to determine just compensation. 2) Compensation – Principles – Future prospects, personal expenses deduction, multiplier method, and additional amounts for consortium, funeral expenses, and loss of estate to be considered in assessing compensation for deceased bachelor’s family.
1) Works of Defence Act, 1903 – Section 3 and Section 9 – The declaration imposing restrictions must be followed by an inquiry and award by the Collector within 18 months (extendable up to 3 years) to determine compensation; non-compliance results in lapse of the declaration. 2) Administrative Law – Doctrine of Reasonableness and Due Process – The Government cannot indefinitely impose restrictions without adhering to the statutory mandate for compensation and procedural fairness under the Works of Defence Act, safeguarding rights of affected landowners.