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1) Validity and recognition of prior subdivision of property through registered deeds and issuance of separate pattas as official acknowledgment of independent holdings under municipal and development laws. 2) Applicability of Regulation 26(2) and Annexure XX of the Development Regulations regarding levy of Open Space Reservation charges for holdings below 3000 square metres. 3) Burden of proof on the municipal authority to establish non-recognition of subdivision prior to the effective date of development regulations for levy demands.
1) The character and substance of an instrument, not its nomenclature, governs the applicability of stamp duty provisions under the Indian Stamp Act, 1899. 2) Section 2(17) of the Indian Stamp Act defines “mortgage-deed” as an instrument creating a right over specified property for securing money advanced or an existing or future debt. 3) Article 57 of Schedule 1-B applies only to instruments executed by a surety to secure the performance of another's obligation and not to instruments executed by the principal debtor himself.
1) Section 39 of the Indian Electricity Act presumes dishonest abstraction of energy to be theft if artificial means unauthorized by the licensee are proved to have been used. 2) Section 44 of the Indian Electricity Act penalizes interference with electric meters or licensee’s works, including malicious injury or fraudulent alteration of meters. 3) The High Court’s power to reverse an acquittal requires compelling reasons such as a patent error of law or perverse findings of fact; mere difference in opinion is insufficient.
1) Proviso to sub-rule (1) of Rule 1 of Order VIII CPC imposes a mandatory embargo on filing a written statement beyond the statutory 120 days period in commercial suits. 2) The Supreme Court’s orders during the COVID-19 pandemic excluding the period from 15.03.2020 to 28.02.2022 from limitation apply to the filing period for written statements in commercial suits. 3) Even where a written statement is not filed, the defendant’s right to cross-examine plaintiff witnesses is preserved and cannot be taken away.
1) Section 124-A of the Railways Act, 1989 provides a no-fault liability scheme for compensation to victims of untoward incidents involving railway passengers. 2) Mere non-recovery of the ticket from the deceased is not fatal to claimants’ entitlement once prima facie proof of travel is established by affidavit or other credible evidence, shifting the burden to Railways to disprove the claim. 3) Procedural lapses such as absence of seizure memo or non-examination of investigating officers cannot defeat claims under welfare legislation governed by preponderance of probabilities rather than criminal standards of proof.
1) The inherent jurisdiction of the High Court under Section 482 CrPC cannot be exercised to review or recall its earlier orders, except for correction of clerical or patent errors. 2) Once a writ petition with identical relief is dismissed without liberty to re-file, a subsequent petition seeking the same relief under inherent jurisdiction is impermissible. 3) Criminal courts do not possess the power to review or recall their own judgments except as prescribed under the Code of Criminal Procedure for clerical mistakes (Section 362 CrPC).
1) Liability of the motor vehicle owner for negligence of the driver and the insurance company’s right to indemnity depends on proving breach or default by the owner in entrusting the vehicle to a driver with a fake licence. 2) Mere production of a driving licence by the owner before the tribunal does not by itself prove collusion or breach by the owner in employment or entrustment of the vehicle. 3) The insurance company must establish absence of due diligence by the owner at the time of driver’s engagement or vehicle entrustment to succeed in recovery claims against the owner.
1) The principles governing conviction based purely on circumstantial evidence require a complete, consistent, and conclusive chain of circumstances excluding every reasonable hypothesis other than the guilt of the accused. 2) The constitutional right to a fair trial necessitates effective legal representation, adequate opportunity to prepare a defense, and compliance with procedural mandates such as timely supply of documents under Section 207 CrPC. 3) The admissibility and evidentiary value of a confessional statement are confined to its parts leading to discovery of material facts, with the recording and reliance on the entire confession being impermissible and prejudicial.
1) The Maharashtra Protection of Interest of Depositors (MPID) Act provides for speedy trial and effective recovery in cases of financial fraud involving depositors. 2) Economic offences require a stricter approach at the bail stage due to the magnitude of public loss and deep-rooted conspiracies involved. 3) The principle of parity in bail grant does not apply when offences are distinct and trial stages differ significantly between cases.
1) Interpretation of the explanation clauses under Schedule I of DPCO 2013 regarding inclusion of dosage forms and novel drug delivery systems in NLEM 2015 for price control. 2) Definition and treatment of “new drug” and “novel drug delivery system” under DPCO 2013 and Drugs and Cosmetics Rules, 1945 & 2019 requiring Central Licensing Authority approval for exemptions from price control. 3) Validity of price fixation and charge notices when a drug formulation (dispersible tablet) is not specifically mentioned in NLEM 2015 but included in prior (2011) and subsequent (2022) NLEM revisions.
1) Article 22(2) of the Constitution of India mandates production of an arrested person before the nearest Magistrate within 24 hours excluding travel time. 2) Section 58 of the Bhartiya Nagarik Suraksha Sanhita, 2023 prohibits detention of an arrested person for more than 24 hours without Magistrate’s authorization. 3) Voluntary hospital admission and monitored medical treatment of accused do not necessarily amount to custody unless movement is restricted by investigating authorities.
1) The MSME Notification dated 29th May, 2015 mandates identification of incipient stress in MSME loan accounts by classifying into Special Mention Accounts (SMA) sub-categories before classifying as Non-Performing Asset (NPA). 2) Under the MSME framework, the borrower must produce authenticated and verifiable documents to the bank prior to classification as NPA to avail corrective action and restructuring benefits. 3) Once an MSME loan account is classified as NPA without prior availing of MSME Notification mechanisms, secured creditors are entitled to proceed with enforcement of security interest under Chapter III of the SARFAESI Act.
1) Interpretation of contract price allocation between goods supplied and services rendered under the Sale of Goods Act, 1930. 2) Application of Section 34 of the Arbitration and Conciliation Act, 1996 limiting judicial interference in arbitral awards. 3) Validity and procedure for invocation of bank guarantees under contractual terms.
1) The principle that time is not ordinarily the essence of a contract for sale of immovable property can be displaced by express agreement and factual circumstances indicating otherwise. 2) The grant of specific performance is discretionary and can be refused if it results in an unfair advantage to the plaintiff or undue hardship to the defendant. 3) Courts will apply strict scrutiny to assess the purchaser's readiness and willingness to perform the contract within the agreed timeframe, especially in contracts where time is made the essence.
1) Section 17 of the Arbitration and Conciliation Act, 1996 empowers the arbitral tribunal to grant interim measures for preserving the subject matter of the arbitration agreement. 2) Family settlements are accorded special treatment in Indian law, with courts inclined to preserve and enforce them to maintain family peace. 3) The threshold for interference with the Arbitral Tribunal’s interim order under Section 37 of the Act is high, and appellate intervention is warranted only if the exercise of discretion is perverse or arbitrary.
1) Principles of natural justice require issuance of notice and opportunity of hearing before termination of a service under Section 4(6) of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 read with Rule 28 of Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981. 2) Validity of appointment depends on existence of a genuine vacant post and proper selection process aligned with caste reservation rules and government directives. 3) Administrative approvals once granted cannot be arbitrarily cancelled without reasoned justification and adherence to procedural fairness.
1) Section 479 BNSS provides for mandatory bail for undertrial prisoners detained for half (or one-third for first-time offenders) of the maximum imprisonment period of the offence, applicable retrospectively to pending cases. 2) Supreme Court Legal Aid Committee guidelines provide that undertrials accused under stringent bail provisions like Section 37 NDPS Act, if detained for five years or half the minimum sentence, should be granted bail to uphold Article 21 rights to personal liberty and speedy trial. 3) Section 37 NDPS Act, while restricting bail, cannot be invoked indefinitely to deny bail during prolonged trials where undertrials have undergone substantial custody, balancing statutory prohibitions with constitutional liberty guarantees.
1) Essential conditions for a valid oral gift (Hiba) under Mohammedan Law include clear declaration by donor, acceptance by donee, and delivery of possession. 2) Opinion evidence under Section 50 of the Indian Evidence Act on family relationship must satisfy relevancy, admissibility, and credibility tests and cannot alone prove relationship without corroboration. 3) Limitation under Articles 58 and 59 of the Limitation Act applies to declaratory suits and setting aside registered sale deeds; cause of action accrues upon recognition or knowledge of adverse claim.
1) The Prevention of Money Laundering Act, 2002 (PMLA) provides a comprehensive adjudicatory mechanism involving provisional attachment (Section 5), confirmation by Adjudicating Authority (Section 8), and appellate remedy before the Appellate Tribunal (Section 26). 2) Withdrawal of funds from attached bank accounts post Provisional Attachment Order may amount to “possession” and “use” of proceeds of crime punishable under Section 3 PMLA if proven to be in violation of attachment orders. 3) Constitutional and appellate jurisdiction of this Court is ordinarily not exercised to quash proceedings when efficacious statutory remedies are available and pending, except in cases of patent illegality or jurisdictional error.
1) Section 8(2) of the Hindu Minority and Guardianship Act mandates prior court permission for a natural guardian to transfer immovable property of a minor, failing which such transaction is voidable at the instance of the minor. 2) A voidable transaction executed by the guardian can be repudiated by the minor either expressly through a suit or impliedly by conduct such as transferring the property on attaining majority. 3) The repudiation of a voidable transaction by the minor relates back to the date of the transaction, rendering it void ab initio upon avoidance.
1) The role and evidentiary value of ocular evidence, particularly the testimony of chance witnesses, in identifying accused persons in criminal cases. 2) Admissibility and scope of confessions and information leading to discovery under Sections 25, 26, and 27 of the Indian Evidence Act, 1872. 3) The principle that appellate courts should interfere with acquittal by trial courts only if findings are perverse or erroneous.
1) The amendment to Section 12(5) and the Seventh Schedule of the Arbitration and Conciliation Act, 1996 renders persons nominated by the Managing Director ineligible to act as arbitrators, affecting contractual arbitration appointment clauses. 2) Limitation for filing an application under Section 11(6) of the 1996 Act begins from the date the final bill becomes due and is three years under the Limitation Act, 1963, subject to COVID-19 limitation extensions. 3) Courts possess jurisdiction under Section 11 of the 1996 Act to appoint an independent arbitrator if the contractual mechanism for appointment is invalid or inoperative due to statutory provisions ensuring arbitrator neutrality.
1) The 2010 Government guidelines on remission classify murders with premeditation individually or by a gang arising from family prestige under Clause 3(b) for release consideration. 2) The classification of the convict under appropriate remission category is critical for determining the minimum period of incarceration before eligibility for pre-mature release. 3) The relevance of the convict’s age at the time of offense and the elapsed period of custody in the decision on early release under remission rules.
1) Proof of Will and testamentary succession in relation to ancestral or self-acquired property. 2) Relationship between possession and title in granting injunctions, especially when possession is admitted by the plaintiff to be with the defendant. 3) Requirement of declaration of title and recovery of possession in suits involving immovable property and injunction relief.
1) The principles governing conviction on circumstantial evidence require that the established facts be consistent only with the accused’s guilt, exclude all other hypotheses, and form a complete chain leaving no reasonable ground for acquittal. 2) Under Section 106 of the Evidence Act, a burden may lie on the accused to explain facts especially within his knowledge, but only if he is an inmate of the house where the offence occurred or the facts are otherwise peculiarly within his knowledge. 3) Medical evidence in homicide cases must conclusively establish cause and manner of death; ambiguity in such evidence can raise reasonable doubt precluding conviction.
1) Definition of "wetland" under Rule 2(1)(g) of the Wetlands (Conservation & Management) Rules, 2017 excludes human-made water bodies constructed specifically for drinking water, irrigation, recreation, or aquaculture purposes. 2) Doctrine of Public Trust, as elaborated in M.C. Mehta v. Kamal Nath, imposes a duty on the government to protect natural resources, including man-made water bodies, for public use and ecological balance under Articles 48-A, 51-A(g), and 21 of the Constitution. 3) Rule 4(2)(vi) of 2017 Rules prohibits construction of permanent structures within a wetland, but its application depends on whether the waterbody qualifies as a “wetland” under the Rules and related governmental notifications.
1) Order XLI Rule 5 of the Civil Procedure Code, 1908 (CPC) governs the grant or refusal of stay of execution of a decree by the appellate court and requires "sufficient cause" to be shown for such stay. 2) The obligation under Order XLI Rule 1(3) CPC to deposit the decretal amount or furnish security is directory, not mandatory; failure to comply disentitles the appellant from stay of execution but does not preclude maintenance of appeal. 3) An unconditional stay of execution of a money decree by the appellate court is an exceptional remedy reserved for cases where the decree is egregiously perverse, riddled with patent illegalities, facially untenable, or displays similar exceptional circumstances.
1) Essential ingredients and interpretation of Section 149 IPC relating to constructive liability of members of an unlawful assembly for offences committed in prosecution of its common object. 2) Principles distinguishing innocent bystanders or passive onlookers from members sharing the common object of an unlawful assembly and the rule of prudence in convicting persons without sufficient evidence. 3) Evaluation and appreciation of evidence of injured eyewitnesses and reconciliation or conflict between ocular and medical evidence in criminal trials.
1) Article 366(29-A)(b) of the Constitution and the Forty-sixth Amendment empower States to tax transfer of property in goods involved in works contracts as deemed sale subject to constitutional and statutory restrictions. 2) Transfer of property in goods involved in works contracts includes goods transferred in any form, including chemical or other altered forms, and occurs at incorporation of goods into the final work. 3) Consumables whose property is not transferred during execution of a works contract are excluded from tax, whereas goods consumed after transfer remain taxable.
1) Bail is the rule and committal to jail is an exception, refusal of bail amounts to restriction on personal liberty guaranteed under Article 21 of the Constitution of India.
1) Bail may be granted when no sufficient reason exists to keep the accused in custody indefinitely and the accused has no history of absconding or conviction.
1) Order XXVI Rule 9 of the Code of Civil Procedure empowers an appellate court to remand a case for taking further evidence when necessary to resolve the controversy. 2) Remand orders are discretionary and should not be made as a matter of course but only when warranted by discovery of new evidence or procedural needs. 3) Allegations of encroachment on a public road must be substantiated before local authorities and cannot form a sole basis for remand if no new material or procedural lapse is shown.
1) Section 34 of the Arbitration and Conciliation Act, 1996 limits the scope of judicial review over arbitral awards to grounds such as perversity, illegality, violation of natural justice, or being contrary to public policy. 2) The arbitral tribunal is the master of the evidence and its assessment of facts, including quality and quantity of evidence, is not to be re-appreciated by the court on appeal. 3) Contractual disputes concerning delay, extensions, approvals, and claims raised under a construction contract fall within the domain of the arbitral tribunal’s expertise unless the award violates statutory grounds.
1) Order 6 Rule 17 of the Civil Procedure Code mandates allowing amendments necessary for determining the real questions in controversy provided no injustice is caused. 2) Amendments are to be permitted unless they introduce a time-barred claim, change the nature of the suit, are mala fide, or cause the opposite party to lose a valid defence. 3) Challenges to documents disclosed for the first time in Written Statements can overcome the bar of limitation if amendment is sought promptly thereafter.
1) The calculation of compensation for loss of dependency under the Motor Vehicles Act must exclude personal allowances that do not contribute to income. 2) Compensation paid under the Employees’ Compensation Act must be deducted from the award under the Motor Vehicles Act to avoid double recovery. 3) Compensation for loss of consortium must be awarded proportionate to each dependent as per established legal precedents.
1) Section 77A(1) of the Maharashtra Co-operative Societies Act, 1960 empowers the Registrar to intervene by filling vacancies, forming interim committees, or appointing authorised officers when a managing committee ceases to function or falls below quorum. 2) The Registrar must first seek to restore management from within the society before resorting to appointment of outsiders as authorised officers, and must record reasons justifying bypassing lesser alternatives. 3) Requirement of publishing notice inviting objections before appointing an authorised officer can be dispensed with only if urgency or impracticability is demonstrated and recorded; otherwise, non-compliance vitiates the proceeding.
1) The principle of “persona-non-grata” in non-diplomatic sense allows withdrawal of acceptance or entry rights by an establishment. 2) An ex-employee, having no current employment relationship, does not have an absolute right of access to a former employer’s premises. 3) Fundamental rights such as the right to movement can be reasonably restricted to ensure smooth functioning and security of a public office.
1) Section 3(1)(b) of the Maharashtra Rent Control Act excludes corporations with paid-up capital exceeding Rs. 1 crore from protection under the Act. 2) The applicability of the Maharashtra Rent Control Act to government companies versus other corporations and its impact on jurisdiction under Section 41 of the Presidency Small Causes Courts Act. 3) The principle that objections not raised in earlier courts, including about trust registration under the Indian Trusts Act, cannot be introduced for the first time on revision.
1) Section 138 of the Negotiable Instruments Act provides the legal framework to penalize dishonor of cheques for insufficiency of funds. 2) Section 256 of the Code of Criminal Procedure allows a complaint to be dismissed for want of prosecution where the complainant fails to proceed or attend court. 3) Principles of natural justice require the court to provide fair opportunity to both complainant and accused to present their cases and should avoid hyper-technical dismissals that violate procedural safeguards.
1) Section 3 of the Maharashtra Protection of Interest of Depositors (MPID) Act, 1999 imposes criminal liability on persons responsible for management or conducting the business of a financial establishment that fraudulently defaults repayment of deposits. 2) Explanation to Section 3 of the MPID Act defines the scope of fraudulent default including wrongful gain or loss and inability arising from impracticable or commercially non-viable promises. 3) The Court’s inherent powers under Section 482 CrPC can be exercised to quash criminal proceedings only when there is no prima facie case or material against the accused.
1) Section 482 of the Criminal Procedure Code empowers the Court to quash FIR and criminal proceedings if they amount to abuse of the process of law or are manifestly mala fide. 2) The delay in lodging an FIR, if unexplained and substantial, can raise doubts about the veracity of the allegations and may be a ground for quashing. 3) When two FIRs arise out of an estranged relationship, implicating each other, courts may examine the motive and substance to prevent misuse of the criminal law for personal vendetta.
1) Section 31 of the Specific Relief Act, 1963 empowers courts to cancel instruments which are void or voidable, and mandates communication of cancellation to the registration authority. 2) Section 40 of the Real Estate (Regulation and Development) Act, 2016, along with MahaRERA Rules, prescribes enforcement mechanisms for orders of the Authority analogous to execution of civil court decrees. 3) The Authority’s power to enforce its orders does not extend to unilaterally cancelling a registered instrument absent a declaration of the instrument being void or voidable or appointment of a proper executing authority.
1) Section 79(A) of the Maharashtra Co-operative Societies Act, 1960 empowers issuance of guidelines for redevelopment of Co-operative Housing Societies. 2) Government Resolution dated 04.07.2019 lays down directory guidelines for redevelopment process of housing societies but is not mandatory or obligatory in nature. 3) Majority decision of Society members in a properly convened meeting is final and deviations from procedural guidelines, if not violative of statutory provisions, do not vitiate the redevelopment process.
1) A member of a cooperative society, upon joining, loses individual rights and must abide by decisions of the General Body as the representative corporate entity. 2) Majority decisions of the General Body, including appointment of developers and approval of development agreements, bind all members unless set aside by a competent forum. 3) Delay and acquiescence in challenging society resolutions are valid grounds for refusal of interim relief such as injunction.
1) Writ jurisdiction under Article 226 of the Constitution of India is not maintainable where serious disputed questions of fact relating to title and ownership prevail requiring adjudication by a civil court. 2) A registered sale deed confers ownership rights subject to clarity on the description and identification of the land; lack of survey number or precise location in the sale deed raises questions of title. 3) Revenue entries carry a presumption of correctness unless set aside by a competent forum; disputes over State land versus proprietary land must be decided through appropriate civil proceedings.
1) Section 100 of the Code of Civil Procedure mandates that a High Court must frame a substantial question of law before admitting and deciding a second appeal. 2) When dismissing a second appeal at the admission stage for lacking a substantial question of law, the High Court is required to assign reasons for such dismissal. 3) The principle of natural justice and fair trial requires courts to provide reasons for adverse decisions to enable affected parties to understand the basis of the ruling.
1) Classification of daily wagers as permanent employees under a government scheme determines eligibility for respective category pay scales. 2) The entitlement to minimum pay scale depends on classification as permanent employees and not merely performing duties akin to permanent posts. 3) Arrears can be claimed only for the period from the date of classification till the benefits of the government policy are extended.
1) The Industrial Disputes Act, 1947 provides for dispute resolution including reinstatement of workers with back wages. 2) Regularisation of service depends on the Recruitment Rules and appointment status. 3) Claims for regularisation can be pursued through independent representations supported by relevant judicial precedents.
1) Place-specific appointment terms negate the authority to transfer the appointee without specific provision allowing such transfer. 2) Administrative exigency can justify transfer orders unless explicitly restricted by service conditions or appointment terms. 3) The authority receiving a representation against transfer must pass a reasoned and speaking order following due process including hearing all concerned parties.
1) Section 23(1-A) of the Land Acquisition Act, 1894 provides for awarding additional compensation to landowners on account of delay in payment. 2) Section 23(2) mandates payment of solatium as a mandatory additional amount along with compensation for acquisition. 3) Section 28 of the Land Acquisition Act, 1894 authorizes payment of interest to the landowner where compensation is not paid within the stipulated period.
1) Section 5 of the Limitation Act empowers courts or authorities to condone delay in filing appeals if sufficient cause is shown. 2) Principles of natural justice require that when quasi-judicial power is exercised, the affected party must be given an opportunity of hearing before dismissal of an appeal or application. 3) Ill health, if adequately supported by evidence, can constitute sufficient cause under Section 5 of the Limitation Act for condonation of delay in filing an appeal.
1) A writ petitioner cannot be placed in a worse-off situation by the court for seeking judicial redress against administrative actions. 2) Courts must restrict their adjudication to the issues raised in the writ petition and must afford parties an opportunity to respond if it proposes to go beyond the scope of the petition. 3) Directions for fishing and roving inquiries without notice violate principles of natural justice and can adversely affect the reputation of parties.
1) The “five golden principles” of circumstantial evidence require that the circumstances be fully established, consistent only with guilt, conclusive, exclude every other hypothesis, and form a complete chain leaving no reasonable ground consistent with innocence. 2) Test identification parade (TIP) is essential where witnesses are strangers to accused; absence of TIP renders dock identification doubtful and unreliable. 3) Last-seen evidence alone is weak and unsafe for conviction unless supported by other corroborative material, especially where a significant time gap exists between last sighting and death.
1) The discretion of the Government in framing tender conditions must not be arbitrary, malicious or discriminatory and must adhere to fairness and equality as mandated under Article 14 of the Constitution. 2) Article 19(1)(g) guarantees the fundamental right to carry out any trade or business and incorporates the doctrine of level playing field which requires equal opportunity to all equally placed competitors subject to public interest. 3) Judicial review of tender conditions is limited and interference occurs only if conditions are arbitrary, discriminatory, mala fide or violate constitutional guarantees.
1) The compoundability of an offence under Section 138 of the Negotiable Instruments Act, 1881 upon mutual settlement between parties and the consequent entitlement to acquittal.
1) Courts must ensure expeditious disposal of proceedings under Section 125 Cr.P.C. to prevent hardship, miscarriage of justice, and irreparable loss caused by undue delay.
1) Criminal proceedings for offenses not considered against society can be quashed on the basis of an amicable settlement and compounding by the parties involved.
1) Order XLI Rule 23A and Rule 33 of the Code of Civil Procedure provide the appellate court with discretionary powers to remand or decide appeals on merits based on existing evidence. 2) The framing of specific issues is to channelize inquiry and is not a prerequisite to deciding the matter where parties understand each other's case and evidence is adduced. 3) The appellate court must independently assess the evidence on all important aspects and give reasoned findings rather than remanding the entire matter without sufficient cause.
1) Under Order VII Rule 11 CPC, a plaint can be rejected if there is no cause of action or the suit is barred by law. 2) A suit for partition based on allegations of fraud and misrepresentation can be maintainable even if a registered gift deed exists, without necessarily challenging the gift deed formally at the plaint stage. 3) Limitation for filing a suit alleging fraud begins from the date the fraud is discovered rather than the date of execution of the challenged instrument.
1) Cancellation of bail requires very cogent and overwhelming circumstances, not mere allegations of violation of conditions. 2) Grounds for cancellation of bail include interference with administration of justice, evasion of justice, or abuse of concession granted by bail. 3) Bail once granted should not be cancelled mechanically without considering whether supervening circumstances render continuation of bail detrimental to the fairness of the trial.
1) The liability of an insurer arises upon proof of rash and negligent driving by the insured vehicle causing fatal injuries. 2) Contribution of evidence such as FIR, spot panchanama, charge-sheet, and witness testimonies is sufficient to establish the involvement of offending vehicle despite initial registration against unknown vehicle. 3) The assessment of compensation includes consideration of the deceased’s income, agricultural earnings, future prospects, and loss of consortium, while appropriately applying deduction for contributory negligence.
1) An application for condonation of delay primarily requires examination of the sufficiency of the cause for delay. 2) The merits of the main case generally do not come into consideration unless the cause for delay and the opposition to condonation are equally balanced. 3) Service of the revision application on the opposite party is not mandatory at the stage of condonation of delay.
1) Section 17 of the Arbitration and Conciliation Act, 1996 empowers the Arbitral Tribunal to pass interim measures including directions similar to those available under Section 9 of the Act. 2) The discretion to grant or refuse interlocutory relief under Section 17 lies exclusively with the Arbitral Tribunal and is subject to appellate review only if exercised perversely or arbitrarily. 3) In partnership disputes, the terms of the partnership deed and prior conduct of parties are material in deciding control over the partnership’s affairs and property during arbitration.
1) A resolution passed by an overwhelming majority in a validly convened General Body meeting is entitled to judicial deference unless it violates statute, rules, bye-laws, or is vitiated by mala fide. 2) The test of public policy in invalidating decisions requires the decision to be against fundamental policy of Indian law, interests of India, justice or morality, or statutory provisions. 3) Measures discouraging frivolous litigation by enabling recovery of costs from members causing unnecessary expenditure protect collective funds and are consistent with public interest in cooperative societies.
1) Essential ingredients for offence under Section 420 IPC require fraudulent or dishonest inducement with mens rea at the time of inducement. 2) A company can be prosecuted for offences requiring mens rea only if the criminal intent of persons controlling the company (alter ego) is imputable to it. 3) At the stage of framing charge under Section 227 CrPC, the court must be satisfied only that a prima facie case or strong suspicion exists; it should not undertake detailed weighing of evidence.
1) Section 37 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act imposes a statutory bar on grant of bail to an accused in possession of commercial quantity of contraband. 2) The fundamental right to speedy trial under Article 21 of the Constitution of India can override statutory prohibitions on bail if trial delay is unreasonable.
1) Under Order 7 Rule 11 CPC, a plaint can be rejected at the threshold if on its face the claim is hopelessly barred by limitation. 2) A plaint cannot be partially rejected under Order 7 Rule 11 CPC even if some reliefs claimed are barred by limitation; the Court must leave such issues to be decided at trial.
1) Section 37 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act imposes a statutory bar on granting bail to accused possessing commercial quantity of contraband. 2) The fundamental right to a speedy trial under Article 21 of the Constitution of India can override statutory restrictions on bail in appropriate cases.
1) The principle of indefeasible right arising from long uninterrupted and lawful use of a water turn for agricultural land. 2) The duty to provide a fair hearing before cancellation of rights and the effect of departmental errors in land classification on entitlement.
1) Courts have the authority to modify prior directions concerning public infrastructure development to appropriately allocate responsibilities between State entities and autonomous boards. 2) The role of autonomous boards in assisting State Government functions may be contributory and supportive but not exclusively determinative where State-level establishments are concerned.
1) The sole testimony of a victim can suffice for conviction in rape cases if it inspires confidence and is corroborated by evidence. 2) Delay in lodging FIR must be satisfactorily explained to uphold the prosecution’s case in sexual assault matters. 3) Appellate courts should not interfere with acquittal unless there are very substantial and compelling reasons showing trial court’s conclusion is palpably wrong or unjust.
1) Principles governing circumstantial evidence require a complete chain of facts consistent only with the guilt of the accused. 2) Statement recorded under Section 164 Cr.P.C. is not substantive evidence but may be used for corroboration or contradiction. 3) Under Section 106 of the Indian Evidence Act, once prosecution establishes a prima facie case, accused must provide a plausible explanation for facts especially within his knowledge.
1) Preventive detention order’s period of detention commences from the date of actual detention/execution, not from the date of order. 2) Valid detention order against a person in custody requires awareness of custody, real possibility of imminent release on bail, and likelihood of prejudicial activity post-release. 3) Failure to supply grounds of detention and relied-upon documents in a language understood by the detenue violates Article 22(5) of the Constitution and vitiates the detention order.
1) Principles of natural justice, notably audi alteram partem, require notice and opportunity of hearing before adversely affecting a person’s rights by administrative order. 2) Government Resolutions regulating transfers and appointments are generally prospective and cannot be applied retrospectively to invalidate prior valid transfers. 3) Unless expressly or by necessary implication provided, administrative or executive authorities do not have inherent power of review to rescind or amend their own orders, except in cases of fraud or misrepresentation.
1) Section 91 of the Maharashtra Co-operative Societies Act, 1960 confers exclusive jurisdiction on Co-operative Courts to adjudicate disputes relating to the constitution, management, or business of a co-operative society between members or persons claiming through members. 2) The appropriation of a member’s fixed deposits by a co-operative society without consent, in relation to a loan given to another member, constitutes a cause of action covered under the business of the society within the scope of Section 91. 3) Under Order VII Rule 11 CPC, the plaint can be rejected against specific defendants if there is no cause of action against them without rejecting the plaint against all parties.
1) Preventive detention under the Gujarat Prevention of Anti-Social Activities Act requires that the detenue’s activities must be prejudicial to the maintenance of public order, not merely a breach of law and order. 2) The Supreme Court has held that mere registration of FIRs and inclusion in criminal cases cannot justify preventive detention unless there is cogent material showing a threat to public order, and detention cannot substitute ordinary criminal law procedures, especially where the detenue is released on bail.
1) Section 197(1) of the Code of Criminal Procedure requires sanction for prosecution of a public servant for acts done in discharge of official duties. 2) Revisional jurisdiction under Section 397 CrPC is limited to legality and propriety of proceedings and does not permit re-appreciation of evidence or interference with concurrent findings of fact by trial and appellate courts.
1) Section 263(1) and 263(2) of the Gujarat Municipalities Act, 1963 govern supersession of a Municipality and the vesting of powers and properties during such supersession. 2) Section 65(3) of the Gujarat Municipalities Act, 1963 requires a resolution passed at a general meeting of the Municipality for sanction of contracts involving sale or transfer of immovable property not exceeding one lakh rupees.
1) Preventive detention under the Gujarat Prevention of Anti-social Activities Act, 1985 requires the detaining authority to be satisfied that the person’s activities affect or are likely to affect the maintenance of public order, not merely law and order. 2) The distinction between ‘public order’ and ‘law and order’ is critical for preventive detention; only acts affecting the community or public at large qualify as prejudicial to public order under preventive detention laws.
1) Distinction between 'law and order' and 'public order' under preventive detention laws and the requirement that detention must be justified on grounds affecting public order. 2) Section 2(ha) of the Gujarat Prevention of Anti-social Activities Act, 1985 defines “Sexual Offender” and the ambit of preventive detention thereunder requiring objective satisfaction of threat to public order.
1) Section 18 of the SARFAESI Act, 2002 provides the procedure and rights of a borrower to file appeal against orders of Debt Recovery Tribunal. 2) High Courts have discretion to grant interim reliefs restraining possession under SARFAESI Act pending the appeal if the interest of justice so requires.
1) Under Section 13(1)(g) of the Bombay Rent Act, eviction is permissible if the landlord shows bona fide personal requirement of the premises. 2) Revisional jurisdiction under the Bombay Rent Act does not allow reappreciation of facts but is limited to correcting findings that are perverse or based on no evidence.
1) Probate jurisdiction is limited to determining the genuineness and due execution of a will and does not extend to deciding ownership or title of the property specified in the will. 2) A probate application cannot be withheld on the ground of property disputes which are subject to separate civil proceedings and adjudications.
1) Section 483 of BNSS, 2023 governs the grant of bail for offences under the statute. 2) Non-bailable warrants are issued when an accused fails to appear before the court as required. 3) Courts have discretionary power to grant bail considering the totality of facts and circumstances including cooperation and likelihood of attendance at trial.
1) Bail under Section 439 of Cr.P.C. and corresponding provisions of Bharatiya Nagarik Suraksha Sanhita, 2023 is discretionary and depends on factors including nature of offence and loss caused. 2) Grant of bail considers parity with co-accused similarly situated and the period of incarceration already undergone by the accused. 3) Non-recovery of incriminating material from the accused and absence of actual loss to the complainant are relevant in exercising bail discretion.
1) Section 483 of Bhartiya Nagarik Suraksha Sanhita, 2023 pertains to the grant of regular bail akin to Section 439 of Cr.P.C. 2) The hostility of prosecution witnesses can be a significant factor in bail considerations. 3) The likelihood of tampering with evidence and the seriousness of allegations are relevant factors in bail applications.
1) The Hindu Marriage Act prescribes the marriageable age and validates marriages between consenting adults. 2) The right of adult individuals to marry and reside together out of their free will is protected under personal liberty rights. 3) Authorities have a duty to ensure protection of individuals from threats to life and liberty following lawful marriage.
1) The capacity of adults who have attained the marriageable age under the Hindu Marriage Act to marry of their own free will. 2) The right to live together post-marriage as recognized under personal laws and protected against threats or harm. 3) The duty of police authorities to provide protection and take appropriate action upon representation where reasonable apprehension to life and liberty exists.
1) Section 18 of the MSMED Act, 2006 mandates arbitration before the Facilitation Council for disputes involving micro and small enterprises. 2) Section 2(e) of the MSMED Act defines the "appointed day" and sets a 15-day period for raising objections to the acceptance of goods or services from the supplier. 3) Scope of interference under Section 34 of the Arbitration and Conciliation Act, 1996 is limited and does not allow re-appreciation of evidence or substitution of the arbitral tribunal’s plausible findings.
1) Anticipatory bail is an extraordinary remedy granted only when accusations are manifestly false, motivated, or when custodial interrogation is unnecessary. 2) Prima facie material, including laboratory reports and transactional evidence, suffices to deny anticipatory bail without conducting a mini-trial on evidence admissibility. 3) The principle of lifting the corporate veil applies where companies are used as fronts for fraudulent activity or to conceal the true nature of transactions.
1) Section 34 of the Arbitration and Conciliation Act, 1996 empowers courts to set aside an arbitral award for impropriety in the decision-making process including inadequate or cryptic reasons. 2) The MSMED Act, 2006, particularly Section 16 and related provisions, regulates payment obligations, interest, and adjudication of disputes relating to MSME contracts. 3) The principle established in Associate Builders v. DDA (2015) that a court does not act as a court of appeal to re-examine facts but must ensure the arbitral tribunal’s reasoning is not perverse or devoid of logical basis.
1) The existence and enforceability of an arbitration agreement under the Arbitration and Conciliation Act, 1996 governs disputes arising out of contracts containing arbitration clauses. 2) The principle that limited liability partnerships’ partners are not personally liable for partnership debts, affecting the application of the group company doctrine to impose joint and several liability. 3) The limited scope of judicial interference under Section 34 of the Arbitration and Conciliation Act in challenging arbitral awards, especially with respect to factual findings by domain expert arbitrators who need not be legally trained.
1) A partnership at will can be dissolved by any partner giving written notice under Section 43 of the Indian Partnership Act, 1932, effecting dissolution from the date of notice. 2) Section 25-O of the Industrial Disputes Act requires prior permission from the appropriate government for closing an industrial establishment employing 100 or more workers, failing which closure is illegal. 3) Upon appointment of a Court Receiver for sale of a partnership firm’s assets, the business stands closed, and thus no separate closure permission under Section 25-O is necessary, but closure compensation and gratuity liabilities remain.
1) Continuous engagement of workmen for perennial nature work creates a right to permanency under labour law unless valid rules bar such regularization. 2) Financial constraints or embargo on establishment expenditure cannot justify indefinite daily wage employment and denial of permanency where work performed is continuous and essential. 3) Constitutional principles under Articles 14, 16, and 21 require fairness and non-discrimination in employment, forbidding exploitative & ad-hoc temporary employment practices by public bodies.
1) In a circumstantial evidence case, prosecution must establish a complete and conclusive chain of circumstances excluding every hypothesis except the guilt of accused as per Sharad Birdhi Chand Sarda v. State of Maharashtra (1984) 4 SCC 116. 2) Extra judicial confession, while not independent foundation for conviction, may be used to support other evidence as per Kashmira Singh v. State of M.P. (1952) 1 SCC 275 and recovery at accused’s instance is admissible under Section 27 of Indian Evidence Act if discovery results directly from information given by accused in custody.
1) Rule 21 of the Gujarat State Judicial Service Rules, 2005, empowers the Governor, upon recommendation of the High Court, to retire a Judicial Officer prematurely in public interest after examining service records. 2) The scope of judicial review in premature retirement cases is limited to patent illegality, mala fide, absence of material, or gross arbitrariness, respecting the subjective satisfaction of the High Court’s administrative side.
1) The distinction between “public order” and “law and order” is critical; only acts affecting public order justify preventive detention under the Act. 2) Preventive detention requires that the detaining authority’s subjective satisfaction be based on material showing the detainee’s activities affect or likely affect public order adversely.
1) Under Sections 7 and 13(1)(d) of the Prevention of Corruption Act, the prosecution must prove the fact in issue of demand and subsequent acceptance of illegal gratification by the public servant beyond reasonable doubt. 2) The court may raise presumption of fact regarding demand and acceptance only after foundational facts have been proved by relevant oral or documentary evidence, but such presumption is subject to rebuttal.
1) A registered deed of assignment transferring receivables and security interests includes the right to continue legal proceedings related to those receivables. 2) Amendments allowing substitution of the complainant in a private criminal complaint are permissible at the post-cognizance stage, subject to the amendment not causing incurable irregularity or prejudice to the accused.