1) Civil Procedure Code – Section 96 – Appeals lie only from a decree, not mere findings – If no decree is passed against a party, challenge to findings must be made by cross-objection or civil revision.
2) M.P. Accommodation Control Act, 1961 – Sections 12(1)(a), 12(1)(e), 13(1), and 13(5) – A tenant’s failure to deposit rent as required entitles landlord to decree for eviction irrespective of the use of premises; professional activity in a residential building does not amount to commercial activity exempting tenant from eviction.

1) Constitutional Law – Madhya Pradesh Uchcha Nyaylaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005, Section 2(1) – The maintainability of writ appeals against interlocutory orders depends on the nature, tenure, effect, and impact of the order passed by the Single Judge.
2) Waqf Act, Section 37 – Powers regarding declaration and management of properties as Auqaf property and the competence of authorities to appoint committees for conducting religious events on such properties.

1) Service Law – Retiral Dues and Recovery – Supreme Court ruling in State of Punjab vs. Rafiq Masih (2015) holds that unauthorized recovery from retiral benefits after retirement is impermissible and illegal.
2) Administrative Law – Disposal of Representations – Principles of prompt and reasoned decision-making on representations/petitions as mandated by law and upheld by the Full Bench decision in State of M.P. & others vs. Jagdish Prasad Dubey (2024).

1) SARFAESI Act, 2002 – Section 14 – Mandates the authority to adjudicate applications relating to attachment or sale of secured assets and obligates timely disposal of such applications.
2) Judicial Procedure – Writ Jurisdiction – Courts can issue directions to authorities under writ jurisdiction to ensure expeditious decision-making, particularly where statutory provisions prescribe prompt action.

1) Medical Termination of Pregnancy Act, 1971 – Provisions relating to termination of pregnancy require consent, but in cases of mentally unstable persons, consent of legal/nominated representative is relevant.
2) Mental Health and Disability – Consent for medical procedures involving mentally disabled persons may be given by legal guardian or nominated representative when parents are mentally incapacitated.

1) Service Law – Hindu Adoptions and Maintenance Act, 1956, Section 21(vii) – Defines "dependants" to include any widow of the son of the deceased Hindu, provided she is unable to obtain maintenance from her husband’s estate or from her children or their estates.
2) Service Law – Hindu Adoptions and Maintenance Act, 1956, Section 22 – Obligates heirs of the deceased to maintain dependants out of the estate inherited and entitles dependants without a share in the estate to claim maintenance from those who take the estate.

1) Service Law – Rights of Persons with Disabilities Act, 2016, Section 2(y) – The concept of reasonable accommodation mandates necessary and appropriate modifications without imposing undue burden to ensure persons with disabilities enjoy rights equally with others, guaranteeing substantive equality and preventing exclusion.
2) Constitutional Law – Articles 14, 21, 41 of the Constitution of India – The right to livelihood and work, in conjunction with directive principles, obligates the State and public sector undertakings to provide equal employment opportunities and reasonable accommodation to disabled persons, with failure to do so constituting discrimination and violation of fundamental rights.

1) Constitutional Law – Article 21A and Right of Children to Free and Compulsory Education Act, 2009, Section 12(1)(c) – Mandates admission of a minimum 25% of children from weaker and disadvantaged sections in neighbourhood schools to secure fundamental right to education and promote social integration through common school system.
2) Administrative Law – Section 31 and Rule-making under Section 38 of RTE Act – The obligation of appropriate government and local authorities to issue enforceable rules and regulations and establish transparent, accessible, and effective procedures for implementation of Section 12 to ensure realisation of constitutional and statutory rights.

1) Constitutional Law – Article 14 – Legality of Prior Approval Regime – Prior approval of the Government before conducting investigation into public servants’ decisions violates equality and rule of law if it forecloses independent enquiry and results in arbitrary classification.
2) Service Law – Prevention of Corruption Act, 1988, Section 17A – Requirement of prior approval without independent screening undermines effective investigation and protection against frivolous/cloaked misuse, necessitating independent oversight such as by the Lokpal/Lokayukta.

1) Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - Section 14 - Obligation of Magistrates to expedite proceedings - The Act mandates that applications under Section 14 must be decided within a specific timeframe to uphold the rights of secured creditors.
2) Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - Timelines and Administrative Efficiency - The incorporation of strict timelines is intended to prevent undue delays in the recovery process, reinforcing the legislative intent to ensure timely enforcement of security interests and protect financial institutions from prolonged uncertainty.

1) Administrative Law - Blacklisting - The order of blacklisting must specify a defined duration and adhere to principles of natural justice, failing which it is deemed arbitrary and legally unsustainable.
2) Administrative Law - Authority - The officer issuing the blacklisting order must possess lawful authority as delineated by relevant government policies; otherwise, the order stands void ab initio.

1) Insolvency and Bankruptcy Code, 2016 – Sections 31, 32A, and 238 – Upon approval of a resolution plan, liabilities and claims not part of the plan stand extinguished and the new management assumes control free from prior obligations.
2) Industrial Disputes Act, 1947 – Section 33-A – Proceedings for reinstatement and back wages cannot continue against the corporate debtor after approval of the resolution plan under IBC due to overriding effect of Section 238 of the IBC.

1) Motor Vehicles Act, 1988 – Sections 166, 168, 169, 176 – Claims Tribunals – The Claims Tribunal must hold an inquiry considering all parties’ pleadings, frame issues, record evidence, and decide all issues together to ensure a fair adjudication of claims.
2) Procedure – Goa Motor Vehicles Rules, 1991 – Rules 275 to 305 – Lack of application of Order I Rule 10 CPC – Claims Tribunals do not have power to implead or drop parties at will before completion of inquiry; deletion of parties without evidence is impermissible and premature.

1) Criminal Law – Withdrawal of Petition – A petitioner has the right to withdraw a petition before the court with the possibility of filing a subsequent appeal, ensuring the procedural rights of litigants are upheld.
2) Civil Procedure – Liberty to File – Granting liberty to file a fresh application respects the principle of justice and allows for the proper adjudication of the underlying issues in a subsequent proceeding.

1) Criminal Law – Bail – The principles regarding bail emphasize that prolonged pre-trial detention may necessitate bail, especially when the accused demonstrates no intention to delay proceedings.
2) Criminal Procedure – Right to Fair Trial – Article 21 of the Constitution guarantees the right to a speedy trial, which has been violated in this case due to the substantial time taken to proceed with the trial.

1) Criminal Procedure – Section 483, Bharatiya Nagarik Suraksha Sanhita, 2023 – Bail Application – The court’s discretion to grant or refuse bail considering evidence on record and progress of trial.
2) Constitutional Law – Article 21 – Right to Speedy Trial – Delays in trial may justify bail, but absence of significant delay coupled with strong evidence may result in bail refusal.

1) Criminal Procedure Code, 1973 – Section 437(3) – Bail conditions – Bail may be granted with conditions including appearance and conduct during trial to ensure regular attendance and fair trial.
2) Madhya Pradesh Excise Act, 1915 – Section 34(2) – Offence related to unauthorized liquor possession – Bail considerations hinge on evidence, custody duration, and likelihood of trial delay.

1) Administrative Law – Retiral Benefits – Recovery of amounts from retiral dues after retirement is impermissible if contrary to binding Supreme Court precedent as in State of Punjab vs. Rafiq Masih.
2) Judicial Review – Direction to Authorities – Authorities are obligated to decide fresh representations by applying relevant Supreme Court and High Court precedents and to pass reasoned and speaking orders under principles of natural justice.

1) Constitutional Law – Articles 14 and 16 – Doctrine of Legitimate Expectation and Equality in Public Employment – Recruitment rules and advertisements in public employment represent binding conditions which cannot be altered mid-process, ensuring fairness and non-arbitrariness as mandated by Articles 14 and 16 of the Constitution.
2) Reservation – State Reservations Policy – Validity of Caste Certificates from Other States – In absence of an explicit rule requiring a caste certificate from Madhya Pradesh, a caste certificate issued by a competent authority of another State, for a caste recognized as reserved in both States, must be recognized for eligibility to reservation benefits.

1) Service Law – Compassionate Appointment Scheme, 2012 – Clause
5)4 – Defines “dependent” excluding a gainfully employed family member residing separately and financially independent – Crucial for eligibility determination under compassionate appointment.
2) Administrative Law – Principles of Natural Justice – Requirement of conducting a fair inquiry before stigmatic or punitive action against an employee – Violation of such principle renders the action arbitrary and liable to be quashed.

1) Service Law – Recruitment – Non-disclosure of pending criminal cases in government job application forms constitutes concealment of material information and can render the candidate ineligible for government service as per the disclaimers in the attestation and verification forms.
2) Service Law – Recruitment – Mere non-disclosure of pending criminal proceedings is not always fatal to candidature, however, when such non-disclosure is deliberate and repeated, it undermines fairness and integrity required in public service appointments.

1) Civil Law – Consumer Protection Act, 2019 – Section 71 – Execution of Orders – Execution must strictly conform to the decree and cannot extend liability to persons not parties to the decree or otherwise legally liable.
2) Insolvency Law – Insolvency and Bankruptcy Code, 2016 – Section 14(3) – Moratorium – Moratorium on the corporate debtor does not automatically extend to directors/promoters who are personally liable only if liability is established.

1) Civil Procedure – Order 22 Rule 4 CPC – Substitution of legal representatives after death of a party – Appeal in a suit for specific performance abates if legal heirs of vendor are not substituted, as vendor is necessary party for execution of decree.
2) Contract Law – Specific Performance – Requirement of vendor’s presence – Vendor must join in sale deed execution notwithstanding transfer of interest, making vendor a necessary party to suit and appeal; absence of substitution of vendor’s legal heirs leads to abatement.

1) Transfer of Property Act, 1882 – Section 52 – Doctrine of Lis Pendens – The property involved in a pending suit cannot be transferred by any party to affect the rights of other parties to the suit except under court authority; rights of subsequent purchasers pendente lite are subservient to the decree.
2) Civil Procedure Code, 1908 – Order XXI Rules 97, 98, 101 – Execution of Decrees – The executing court has jurisdiction to determine all questions, including right, title, and interest between parties and obstructionists during execution proceedings; resistance by transferees pendente lite can be adjudicated and, if unjustified, may be removed.

1) Motor Vehicles Act, 1988 – Section 166 – Liability and Compensation – An insurer or owner of a motor vehicle is liable for compensation arising out of use of the vehicle even when the vehicle is stationary, if the accident occurs in proximate connection with such use.
2) Tort Law – Doctrine of Act of God – The doctrine applies only when the event is extraordinary, unforeseeable and beyond human control; presence of natural forces alone does not absolve driver’s liability where negligence is established in managing risks.

1) Motor Vehicles Act, 1988 – Section 173 – The phrase “arising out of the use of a motor vehicle” has a wide and purposive interpretation, encompassing accidents occurring when the vehicle is stationary but is involved in proximate causal chain to the injury or death.
2) Motor Vehicles Act, 1988 – Compensation liability – Ex gratia or humanitarian payments made by insurance companies or authorities do not reduce or affect the statutory compensation under the Act, which is based on settled legal principles.

1) Municipal Law – Inquiry Procedure – Section 48(2-A) of the Uttar Pradesh Municipality Act, 1916 mandates that a full-fledged inquiry be conducted when an elected representative denies allegations against him, ensuring adherence to principles of natural justice.
2) Administrative Law – Natural Justice – The removal of an elected representative requires following a detailed procedure, including providing a charge-sheet, the opportunity for cross-examination, and a clear, reasoned order post-inquiry, as it impacts their rights and constituency representation.

1) Criminal Law – Anticipatory Bail – Section 438 of the Code of Criminal Procedure, 1973 provides for anticipatory bail, which must be considered carefully in light of serious allegations against the applicant.
2) Criminal Law – Culpability in Cases – The involvement of the appellant in anti-national activities necessitates thorough investigation and potential custodial interrogation, indicating that anticipatory bail may impede the investigation.

1) Commercial Courts Act, 2015 – Section 15(2) & (4) – Transfer of suits pending on the establishment of Commercial Courts – Only suits pending on the date of establishment are governed by the transfer provisions which allow the Commercial Court to fix fresh timelines for procedural steps including filing of written statements.
2) Civil Procedure Code, Order VIII Rule 1 (as amended for Commercial Courts) – Filing of written statement within 120 days – The 120-day upper limit for filing written statements is mandatory for suits instituted in Commercial Courts but is not applicable to suits filed in Civil Courts after the establishment of Commercial Courts and transferred subsequently.

1) Constitutional Law – Protection of Women from Domestic Violence Act, 2005 – Section 2(f) definition of ‘domestic relationship’ includes ‘relationship in the nature of marriage’ which must satisfy certain criteria including living together in a shared household.
2) Domestic Violence – Relationship in the Nature of Marriage – The Hon’ble Supreme Court guidelines in D. Velusamy v. D. Patchaiammal and Indra Sarma v. V.K.V. Sarma require fulfillment of key conditions including legal capacity to marry and holding out the relationship publicly to qualify as ‘relationship in the nature of marriage’.

1) Motor Accident Claims – Assessment of Compensation – Income tax returns submitted prior to the accident are relevant and admissible evidence for determining the deceased’s income to calculate compensation.
2) Motor Vehicle Act – Contributory Negligence – Non-wearing of helmet by the deceased at the time of the accident, not causative of the accident, does not justify deduction for contributory negligence in compensation assessment.

1) Land Acquisition – Land Acquisition Act, 1894 – Section 23 – Compensation – Market value determination includes consideration of sale instances of proximate lands with appropriate judicial discretion for adjustments in price.
2) Evidence – Admissibility and relevance – Sale deeds of nearby land parcels can be relied upon as relevant evidence for valuation subject to proper deductions reflecting differences in location and area.

1) Criminal Procedure – Revision under Section 397 Cr.P.C. – The scope of revisionary jurisdiction is limited to supervisory review and does not permit re-appreciation of evidence unless findings are patently perverse or based on no evidence.
2) Indian Penal Code – Sections 279 and 304A – Rash and negligent driving on a public road requires proof of driving at high speed or without due caution, particularly near human habitation, to establish criminal liability.

1) Indian Penal Code – Section 306 – Abetment of Suicide – Requires proving direct or indirect instigation or incitement proximate to the time of suicide with mens rea to compel the deceased to take that step.
2) Evidence – Expert Opinion on Handwriting – Handwriting expert’s report is opinion evidence requiring corroboration by direct or circumstantial evidence before it can substantiate prosecution’s case.

1) Family Law – Hindu Marriage Act, 1955, Section 9 – Restitution of conjugal rights requires the Court to be satisfied that the spouse has withdrawn from society without reasonable excuse; relevance of pleadings and evidence on attempts made to resume cohabitation.
2) Maintenance – Hindu Adoption and Maintenance Act, 1956, Section 18 and Cr.P.C., Section 125 – Court must consider the actual income and financial status of parties; concealment of income and assets can undermine the maintenance claim; wife’s capacity to earn does not automatically negate entitlement but relevant for quantum determination.

1) Caste Validity – Scheduled Tribe Recognition – Pre-constitutional documents bearing caste ‘Thakur’ are admissible and hold substantial probative value in establishing tribe claim under the Scheduled Tribe Order, 1950.
2) Administrative Law – Caste Scrutiny Committee – Affinity test is not a conclusive or essential criterion for determination of tribal status; documentary proof including pre-constitutional records and blood relation certificates carry greater evidentiary weight.

1) Service Law – Principles of Natural Justice – A departmental enquiry conducted by the employer following applicable rules and affording reasonable opportunity to the employee does not vitiate the enquiry.
2) Service Law – Punishment and Disciplinary Action – Past conduct and repeated minor penalties of an employee are relevant factors for determining the proportionality of punishment in disciplinary proceedings.

1) Indian Penal Code – Section 376(2)(j)(l) – Offence of rape of a mentally challenged woman – requires proof that the victim was mentally ill or challenged at the relevant time to establish the offence under this specific clause.
2) Evidence – Reliance on DNA report and testimony – DNA evidence excluding accused as the biological father undermines prosecution’s case; corroborative and un-tutored victim’s testimony is essential for conviction in sexual offences.

1) Criminal Law – Protection of Children from Sexual Offences Act, 2012 – Section 2(d) – Definitions and requirement of proof that the victim is a “child” below 18 years of age at the time of the offence – Essential for prosecution to establish age by credible evidence such as birth certificate and testimony of biological parent.
2) Evidence – DNA Evidence – Admissibility and probative value contingent upon strict maintenance of chain of custody, proper collection, preservation and documentation of samples – DNA evidence is opinion evidence under Section 45 of the Indian Evidence Act and not infallible; its weight varies depending on circumstances and corroborative evidence.

1) Transfer orders issued by the State Government are binding and must be enforced by the authorities concerned unless such orders are modified or cancelled.

1) A bail application can be allowed on the ground of parity where co-accused facing similar charges have been granted bail, considering factors like nature of offence, antecedents, duration of detention, and stage of trial.

1) Anticipatory bail may be granted at the discretion of the court considering nature and gravity of allegations, evidence on record, and likelihood of applicant’s absconsion or tampering with evidence.

1) Administrative transfers must be justified by administrative exigency and representations against transfers should be considered timely and fairly.

1) Civil Procedure Code - Section 151 - Inherent Powers - Civil courts possess inherent powers to recall a withdrawal of a suit if it was induced by a legal misconception or procedural irregularity to prevent miscarriage of justice.
2) Specific Relief Act - Section 19(b) - Specific Performance - The procedure for enforcing a decree for specific performance does not restrict a prior agreement holder from filing a separate suit against a subsequent purchaser or the original owner.

1) Property Law – Ownership and Possession – A registered owner with valid title documents is entitled to possession against any claims based on unsubstantiated oral agreements or familial arrangements.
2) Benami Transactions Act – Prohibition of Claims – Section 4 of the Benami Transactions Act prohibits any defense based on alleged ownership of property held benami, and the burden of proof lies on those claiming joint ownership without adequate documentation.

1) Criminal Law – Anticipatory Bail – Section 482 of the Code of Criminal Procedure allows for anticipatory bail to prevent unjustified arrest when there are no specific allegations against the accused.
2) Criminal Law – Delay in FIR – Delay in the registration of FIR, especially when it is significant (over 5 years), may indicate a lack of urgency in prosecution, which can affect the necessity of anticipatory bail.

1) Criminal Law – Negotiable Instruments Act, 1881 – Section 138 – The appellant, as a complainant and victim, has the right to appeal against acquittal irrespective of the provisions under Section 372 and 378 of Cr.P.C.
2) Criminal Procedure – Proviso to Section 372 – The legal recognition of complainants as victims allows them to challenge acquittals, thereby enhancing the accessibility of justice processes.

1) Family Law – Divorce Proceedings – The importance of affording parties a fair opportunity to present their case is crucial in marital disputes, as it directly affects their rights and obligations under family law.
2) Civil Procedure – Right to Fair Hearing – Under the principles of natural justice, parties must be granted an opportunity to file necessary pleadings; dismissal without such opportunity may lead to fundamental unfairness in judicial proceedings.

1) Criminal Law – Indian Penal Code; Sec 306 - Abetment of Suicide – To establish a case under Section 306 IPC, it is essential to demonstrate that the accused abetted the suicide of the victim and that such abetment directly contributed to the act.
2) Criminal Law – Indian Penal Code; Sec 498A - Cruelty – Section 498A dictates that cruelty must be substantiated with evidence showing willful conduct causing mental or physical harm to the victim, essential to uphold the conviction.

1) Criminal Law – National Investigation Agency Act, 2008 – Section 22 – The establishment of a Special Court under the NIA Act is valid if there is a notification as per statutory requirements, ensuring jurisdiction.
2) Criminal Law – National Investigation Agency Act, 2008 – Section 11 – Compliance with procedural requirements under the NIA Act validates proceedings against an accused, ensuring adherence to legislative intent.

1) Consumer Law – Statutory Remedies – Availability of statutory remedies under the Consumer Protection Act, 2019, emphasizes the importance of exhausting such remedies before seeking judicial intervention.
2) Civil Procedure – Writ Jurisdiction – The principle that writ jurisdiction should not interfere with matters where statutory remedies are available is significant to maintain judicial discipline and respect for administrative processes.

1) Company Law – Winding Up – The order of winding up being set aside renders applications related to the winding-up proceedings, including possession and damage claims, as no longer maintainable.
2) Company Law – Official Liquidator – Effective communication and involvement of the Official Liquidator in proceedings is essential for the proper administration and compliance with court orders post-winding up.

1) Criminal Procedure – Anticipatory Bail – Under Section 438 of the Code of Criminal Procedure, anticipatory bail can be granted where the Court is satisfied that the applicant is not likely to abscond and will cooperate in the investigation.
2) Criminal Law – Nature of Offenses – The offenses alleged must not be punishable with death or life imprisonment to consider grant of anticipatory bail favorably.

1) Service Law – Promotion Rules and Qualifications – Ext.P11 promotion policy prescribes full-time MBA as minimum qualification; Ext.P12 office memorandum clarifies equivalence of distance education qualifications subject to recognition by UGC/AICTE for promotional eligibility.
2) Educational Qualification – Equivalence of Degrees – UGC Notice (Ext.P4) establishes that degrees obtained through open and distance learning by recognized institutions are equivalent to conventional degrees for all academic purposes including employment benefits.

1) Criminal Law – Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) – For offences involving commercial quantity, investigation period under CrPC Section 167 is extended from ninety to one hundred and eighty days, and further extension up to one year by Special Court upon report from Public Prosecutor if investigation is incomplete.
2) Criminal Law – Bharatiya Nagarik Suraksha Sanhita, 2023, Section 187 – Provides procedure and statutory right to bail when investigation cannot be completed within prescribed time, including detailed conditions for detention and release of accused if investigation remains pending beyond specified periods.

1) Constitutional Law – Article 363 of the Constitution of India – Bar on court jurisdiction over disputes arising from treaties or agreements executed before the Constitution’s commencement by rulers of Indian States – It precludes judicial interference in claims deriving from such historical covenants, including payments of hereditary allowances like Malikhana.
2) Constitutional Law – Constitution (Twenty-sixth Amendment) Act, 1971 – Article 363A inserted – Abolishes privy purses and rights related thereto but does not extinguish claims arising out of covenants or treaties predating the Constitution – Distinguishes Malikhana allowance as separate from privy purse and thus not abolished.

1) Service Law – Insurance Contract – Workmen’s Compensation Act, 1923 – The insurer’s liability is governed by the contractual terms of the insurance policy, and exclusion clauses regarding payment of interest and penalty are valid and enforceable.
2) Insurance Law – Contract Interpretation – Under the Insurance Act, parties to a contract of insurance are free to agree on terms, including exclusions, and courts cannot rewrite policy clauses based on equity principles in commercial contracts.

1) Constitutional Law – Articles 25 and 26 of the Constitution of India – Protection of rights of religious denominations to manage their own affairs, including appointments – The right to appoint staff is an integral part of managing religious affairs and cannot be usurped by a statutory body not representing the denomination.
2) Statutory Interpretation – Doctrine of Generalia Specialibus Non Derogant – A special enactment (Guruvayoor Devaswom Act, 1978) prevails over a later general enactment (KDRB Act) in case of conflict, and non obstante clauses in the general enactment do not override the express provisions of the special law unless there is clear legislative intent.

1) Property Law – Transfer of Property Act, Section 45 – Presumption of joint ownership where purchase consideration is contributed jointly or not proved to be paid exclusively by one party – important to determine ownership rights in absence of conclusive evidence of exclusive payment.
2) Evidence Law – Admissibility and weight of documentary and oral evidence – Reliance on bank transaction documents and witness testimony to establish source of sale consideration but non-examination of key witnesses affects probative value.

1) Constitutional Law – Article 226 – Judicial Review – Courts do not possess expertise to evaluate artistic performances and therefore should not interfere with the decisions of expert bodies on merit and grading unless exceptional circumstances exist.

1) Constitutional Law – Article 226 – Judicial Review of Administrative/Quasi-judicial Decisions – Courts are generally not equipped to interfere with expert evaluation in performing arts during judicial review unless exceptional reasons are shown.

1) Constitutional Law – Article 226 – Judicial Review of Expert Evaluation – The High Court exercising jurisdiction under Article 226 does not possess expertise to reassess or substitute the evaluation of expert bodies in performing arts events, unless there are exceptional reasons warranting interference.

1) Validity of appointment of a teacher in a government-aided school requires adherence to prescribed procedures including issuance of advertisement, holding of selection process, and fulfillment of qualification norms under applicable regulations such as NCTE guidelines.

1) Criminal Procedure – Framing of Charges – At the stage of framing charges, the court must accept the prosecution case as true and discharge can be ordered only when no offence is made out even on accepting the charge-sheet in entirety (Reference: Capt. Manjit Singh Virdi (Retd.) v. Hussain Mohammed Shattaf & Ors., 2023 LiveLaw (SC) 462).
2) Criminal Jurisprudence – Abuse of Process – Interference with framing of charges is justified only if proceeding with trial would clearly amount to abuse of process of the court.

1) NDPS Act, Sections 8, 22, 29 – Prescribe offences related to possession, trafficking, and abetment of narcotic drugs; the gravity of offence influences bail considerations.
2) Criminal Procedure – Bail – Accused’s right to bail can be granted if there is no prima facie evidence, no likelihood of fleeing, tampering with evidence or influencing witnesses, and custodial interrogation is not required.

1) Constitutional Law – Article 226 – Writ Jurisdiction – The High Court’s power to issue writs for enforcement of fundamental rights or legal rights including payment of salaries and arrears.
2) Service Law – Pay Scale & Arrears – Employees classified under a pay scale are entitled to minimum pay and arrears retrospectively from the date of classification where a legal order or precedent mandates such payment.

1) Constitutional Law – Right to Life and Personal Liberty – Article 21 of the Constitution of India protects adults’ right to marry voluntarily without harassment.
2) Criminal Procedure – Police Protection – Police are duty-bound to protect individuals from threats to life and liberty as per directions in Shakti Vahini vs. Union of India (2018) 7 SCC 192.

1) Constitutional Law – Article 226 – Writ Jurisdiction – The High Court’s power to direct police protection is discretionary and requires a factual foundation such as a credible threat or harassment.
2) Criminal Procedure – Police Protection – Mere apprehension or fear without substantiated threats or complaint does not warrant direction for police protection under writ jurisdiction.

1) Constitutional Law – Right to Life and Personal Liberty under Article 21 – Individuals who are major and have lawfully entered into marriage have the right to live with dignity and free from harassment or threats by family members.
2) Criminal Procedure – Police Protection – Upon credible apprehension of threat to life, police authorities are duty-bound to provide protection and take immediate action as per the Supreme Court guidelines in Shakti Vahini vs. Union of India (2018) 7 SCC 192.

1) Constitutional Law – Article 21 – Right to Livelihood and Personal Liberty includes right to travel abroad, which cannot be curtailed except by procedure established by law.
2) Passport Act, 1967 – Section 6(2)(f) and Notification dated 28.06.1993 – Permit to travel abroad can be granted to an accused pending trial, subject to court orders and conditions ensuring presence for trial.

1) Criminal Procedure – Section 430, Bharatiya Nagarik Suraksha Sanhita, 2023 – Suspension of sentence pending appeal is discretionary and can be granted when there is a prima facie case of doubtful evidence, absence of misuse of liberty by the accused, and likelihood of delay in hearing the appeal.

1) Election Law – Representation of the People Act, 1950, Section 13B(2) and Election Commission of India Guidelines dated 09.06.2025 – Appointment of Booth Level Officers requires that preference shall be given to voters enrolled in the polling station, failing which prior approvals and non-availability certificates are mandated for appointing officers not enrolled therein.

1) Service – Recruitment Standards – The prescribed physical qualification criteria as per recruitment advertisement must be strictly adhered to, but conflicting measurement results may justify re-verification by competent authority.

1) Education – Admission Process – Issuance of No Objection Certificate (NOC) by State Government is a prerequisite for participation in counselling and admission for courses affiliated to University and Nursing Council.

1) Mining Operations – Mineral Conservation and Development Rules – Mining leases must comply with statutory provisions governing safe and lawful mining practices, including prohibition on unlawful blasting and unauthorized disposal of mining debris.

1) Banking Law – Freezing of Bank Accounts – A bank may place a lien only on the amount that is disputed or linked to alleged illegal transactions as informed by investigative authorities, and must allow the customer to freely operate the remaining balance; freezing the entire account without segregating the disputed amount and without prior notice is not permissible under banking practice and principles of natural justice.

1) Service Law – Recovery of Training Expenses – Under applicable service rules, an employee entitled to salary for the period of service must refund the training expenses incurred by the employer, which are recoverable independently of salary entitlement.

1) Criminal Law – Protection of Children from Sexual Offences Act, 2012 – Sections 5(l), 6, 9(g), 10 – The stringent and beneficial provisions of the POCSO Act impose a statutory presumption of guilt in sexual offences against minors, making consent irrelevant and mandating strict judicial scrutiny for bail considering the severity of offence and victim vulnerability.
2) Criminal Law – Bail Principles – Grant and Cancellation of Bail – Orders granting bail in heinous offences must account for nature and gravity of accusation, prima facie material, victim’s protection, and likelihood of witness intimidation; failure to consider these factors or ignoring filed chargesheets may render bail orders perverse, unjustified, and liable for cancellation.

1) Criminal Law – Indian Penal Code, Sections 299, 300, 302, 304 – Distinction between murder and culpable homicide not amounting to murder is based on the presence or absence of intention to cause death or knowledge that injury would likely cause death, including relevant exceptions under Section 300 IPC regarding grave and sudden provocation and right of private defence.
2) Criminal Law – Indian Penal Code, Sections 147, 148, 149 – Liability under rioting and unlawful assembly requires proof of common object and common intention; mere participation in a free fight does not establish liability under Section 149 IPC.

1) Income Tax Law – Section 28 of Income Tax Act, 1961 – Profits and Gains of Business or Profession – Income chargeable under this section includes profits arising in kind and is not contingent on an actual sale, transfer, or exchange of assets; it encompasses all real and presently realisable commercial benefits arising in the course of business.
2) Income Tax Law – Sections 2(14), 2(47), 45, 47(vii) and 28 – Distinction between capital assets and stock-in-trade shares in amalgamation – While the transfer of capital asset shares in amalgamation is exempt from capital gains tax under Section 47(vii), shares held as stock-in-trade do not enjoy this exemption and substitution by amalgamated company shares can give rise to taxable business income under Section 28 upon commercial realisation.

1) Criminal Law – Protection of Children from Sexual Offences Act, 2012 – Sections 27 and 29 – Medical examination and presumption of offences – Medical age determination of a victim is mandatory during investigation but the determination of age is a matter of trial and not subject to mini trial during bail proceedings.
2) Juvenile Justice – Juvenile Justice (Care and Protection of Children) Act, 2015 – Section 94 and Juvenile Justice Rules, 2007 Rule 12 – Age determination procedure – Hierarchy of documents such as matriculation/school certificates and municipal birth certificates must be relied upon first; medical tests are only to be resorted to if such documents are unavailable or doubtful, and determination of age is for the trial Court, not for bail Courts.

1) Companies Act – Sections 447, 448 & 451, 212(6) – Section 448 offences are intrinsically linked to Section 447 (punishment for fraud); thus, the bar under the second proviso to Section 212(6) preventing cognizance without a complaint by SFIO or authorized government officer applies to Section 448 offences as well.
2) Companies Act – Section 436(2) – Special Courts may try IPC offences only when trying offences under the Companies Act; if Companies Act offences are quashed, the Special Court lacks jurisdiction over IPC offences arising from the same facts.

1) Filing an intra-court appeal against a judgment puts the correctness of that judgment in issue and thereby removes its finality, which precludes the initiation or continuation of contempt proceedings based on alleged violation of such judgment.

1) The Notaries Act, 1952 – Sections 3, 5, 10, and 15 – Statutory framework mandates entitlement of renewal of Certificate of Practice for Notaries every five years unless disqualified for specified reasons such as professional misconduct or conviction involving moral turpitude.
2) The Notaries Rules, 1956 – Rule 8B – Provides procedural mechanism for online application and permissible time limits for renewal of Certificate of Practice, allowing relaxation of time conditions by the Government and obliging renewal unless sufficient cause exists.

1) Constitutional Law – Article 226 of the Constitution of India – Writ jurisdiction is discretionary and not to be exercised when a statutory remedy is available, unless exceptional circumstances such as mala fide or fraud are demonstrated.
2) Civil Procedure – Locus Standi – A party without title or registered interest in the subject matter lacks locus standi to approach the Court, especially when the rightful title holder has a remedy under law.

1) Criminal Law – Indian Penal Code; Sec 34 – The application of Section 34 IPC requires proof of pre-planning, premeditation, and active participation in the commission of the crime, which must be established by the prosecution.
2) Criminal Law – Indian Penal Code; Sec 302 – The ingredients necessary for a murder conviction under Section 302 IPC include clear identification of the accused's actions leading to death and the intention behind those actions, supported by credible evidence.

1) Criminal Law – NDPS Act, 1985 – Section 37 – Rigors of Section 37 apply primarily to commercial quantity; possession of variable quantity may allow grant of bail with stringent conditions.
2) Criminal Law – NDPS Act, 1985 – Sections 20(b)(ii)(B) and 27A – Prima facie case and charges under financing illicit drug trafficking or harbouring offenders attract stricter bail scrutiny due to serious societal impact and risk of influencing witnesses.

1) Criminal Law – Indian Penal Code, Sections 375(b) and 376(2)(i) – Conviction can be sustained solely on the credible and cogent testimony of the victim in rape cases even in absence of corroborative medical evidence or external injuries as per settled Supreme Court precedents.
2) Criminal Law – Goa Children’s Act, Sections 2(y)(i), 2(y)(ii), and 8(2) – Acts of sexual assault and grave sexual assault on a minor child attract stringent punishment; presumption under Section 29 and burden to rebut lies on the accused.

1) Constitutional Law – Article 21 – Right to Speedy Trial – The right to speedy trial is a fundamental right but is not absolute and must be balanced against the seriousness of the offence and other circumstances of the case.
2) Criminal Law – Bail – Sections 365, 342, 302, 201 IPC – Delay in trial alone is not sufficient ground for granting bail in serious criminal cases where evidence links accused to the offence.

1) Arbitration and Conciliation Act, 1996 – Section 11 – Validity of appointment of arbitrators by an arbitral institution in institutional arbitration ensures absence of unilateral appointment and preserves impartiality.
2) Arbitration and Conciliation Act, 1996 – Section 12 and Section 34 – Proviso to Section 12(5) mandates express written waiver of objection to arbitrator’s appointment; mere participation in arbitration does not constitute waiver of objection against unilateral appointment or bias.

1) Arbitration Act, 1996 - Section 2(1)(e), Section 32, Section 34, Section 36, Section 38, Section 39 - The seat Court retains jurisdiction to execute arbitral awards and grant interim relief in aid of enforcement notwithstanding the location of the award debtor’s assets; execution follows the procedural provisions of the Code of Civil Procedure (CPC), 1908.
2) Hindu Law - Liability of Karta in HUF - The Karta holds personal and unlimited liability to satisfy the debts of the HUF, including execution of decrees/awards against the HUF, unless a personal decree is otherwise absent against coparceners; the HUF is recognized as a juristic person for certain purposes but distinct from the Karta’s personal liability.

1) Indian Succession Act, 1925 – Sections 211, 213, 227, and 269 – The role of the executor to administer the estate arises only after the grant of probate by a competent court; however, a civil suit for administration is maintainable independently of probate proceedings for protection of the estate.
2) Civil Procedure Code, 1908 – Order VII Rule 11 – A plaint cannot be rejected at the threshold merely on the ground that the suit involves administration of an estate where probate proceedings are pending, as the civil court has jurisdiction to grant reliefs necessary for administration and protection distinct from probate.

1) The grant of bail under the Bhartiya Nagarik Suraksha Sanhita, 2023 depends on factors including trial progress, conduct of accused, and safeguarding fair and expeditious trial.

1) Delay in filing charge-sheet and selective implication of accused can amount to abuse of process of law justifying quashing of proceedings.

1) The competent authority must decide an application for remission/premature release within the stipulated time frame as per applicable statutory provisions and prison rules.

1) Recovery of excess payment made by employer to Class-III or Class-IV employees, especially posthumously from death-cum-retiral benefits, is impermissible where payment was made due to employer’s error and not by employee’s misrepresentation or fraud.

1) Legal Services Authorities Act, 1987 – Section 21 – Lok Adalat awards are final and binding like a civil court decree, but such awards presuppose a settlement signed by the parties with their free consent.
2) Constitution of India – Article 226 – Writ jurisdiction enables the High Court to examine the legality of Lok Adalat awards on limited grounds despite the finality and binding nature of such awards under Section 21 of the Act.

1) Criminal Procedure – Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 – Bail – Bail can be granted when the material on record does not prima facie establish the accused’s guilt, especially where forensic evidence is absent or inconclusive.
2) Evidence Act, Sections 23 to 25 – Evidence Admissibility – Statements made to police are inadmissible unless falling within recognized exceptions and cannot be solely relied upon for denying bail.

1) Indian Penal Code – Sec 375 and 376 – Definition and Elements of Rape and Attempt to Commit Rape – Essential ingredient of penetration must be established to attract Section 375 IPC, and absence of it negates the charge of rape.
2) Criminal Procedure – Power under Section 528 of BNSS Code to quash criminal proceedings – Proceedings cannot be quashed if there is sufficient material to take cognizance of the offences alleged.