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Constitution of India -- CJI has the authority to initiate inquiries into judicial conduct and to recommend actions based on inquiry findings, provided such actions align with constitutional mandates.
Criminal Law -- Absence of corroborative medical evidence does not negate the reliability of ocular evidence provided by the victim.
Criminal Law -- Conviction -- Testimony of a single witness can be sufficient for conviction if found entirely reliable.
Motor Accident Claim -- Future prospects of income should be added to the deceased's income based on age and employment status.
Motor Vehicles Act — Compensation for personal injury -- Assessment of disability must be based on credible medical evidence and should not be arbitrarily reduced without justification.
Electricity Act, 2003 mandates that tariff determination must reflect the cost of supply and safeguard consumer interests, while allowing for regulatory assets only under exceptional circumstances.
Insolvency and Bankruptcy Code -- Section 14(1)(d) prohibits the recovery of property by an owner or lessor when such property is occupied by the corporate debtor during the corporate insolvency resolution process.
Civil Law — Specific Performance -- Self-serving evidence without corroboration is insufficient to establish the execution of an agreement.
Civil Law -- Recovery of fees -- Fee and Fund Regulatory Committee (FFRC) is empowered to adjudicate on complaints regarding excessive fees but does not have jurisdiction to enforce payment of fees owed to the school.
Criminal Law -- Protection of Children from Sexual Offences Act -- Testimony of a victim of sexual assault can be sufficient for conviction even in the absence of corroborative medical evidence.
Criminal Law -- FIR -- A confessional FIR is inadmissible in evidence against the maker as per Section 25 of the Evidence Act.
Criminal Law -- Cognizance of an offence can only be taken once, either by a Magistrate or by the Court of Session.
Civil Law -- Existence of an arbitration agreement must be examined prima facie by the referral court under Section 11(6) of the Arbitration and Conciliation Act, 1996.
Environment Protection Act -- Polluter Pays principle is integral to Indian environmental law, mandating that those responsible for environmental damage bear the costs of remediation.
Electricity Act -- A distribution licensee cannot unilaterally fix a tariff contrary to the statutory provisions and the determinations made by the Appropriate Commission.
Motor Vehicles Act -- Compensation -- A claim under Section 163A of the Motor Vehicles Act does not require proof of negligence and can be maintained even after the death of the insured.
Industrial Disputes Act, 1947 — Duty to explore alternative employment options for an employee who acquires a disability during service is a legal obligation that cannot be disregarded.
Juvenile Justice (Care and Protection of Children) Act -- Medical evidence and public documents can outweigh school records when there is ambiguity regarding the age of the accused.
Criminal Law -- Quashing of FIR -- Allegations in the FIR must prima facie constitute an offence for the prosecution to continue.
Criminal Law -- Inherent powers of the High Court under Section 482 Cr.P.C. can be exercised to quash criminal proceedings that are manifestly attended with mala fide or are instituted with ulterior motives.
Criminal Law -- A person cannot be charged under both Sections 406 and 420 IPC for the same transaction.
Constitution of India -- Speaker of the Legislative Assembly acts as a Tribunal under the Tenth Schedule of the Constitution and is responsible for adjudicating disqualification petitions.
West Bengal Universities (Control of Expenditure) Act -- Discriminatory classifications based on geographical location without a rational basis violate the principles of equality under the Constitution.
Arbitration and Conciliation Act -- A party cannot pursue two mutually inconsistent remedies under different legal regimes arising from the same cause of action, as this constitutes forum shopping.
Motor Accident -- Compensation-- Principle of contributory negligence applies where the injured party's own negligence contributes to the accident.
Civil Law -- Ombudsman proceedings -- Proceedings before the Ombudsman must be transparent and provide parties the opportunity to present their case.
Limitation Act, 1908 -- An acknowledgment of debt under Section 18 of the Limitation Act, 1963, must indicate a subsisting liability and the existence of a jural relationship between parties.
Criminal Law -- Principle of abuse of process must be invoked to prevent the misuse of criminal law for ulterior motives, particularly when prior administrative inquiries have exonerated the accused.
Civil Law -- Highest exemplar sale deed, if proven to be bona fide, should be considered for determining compensation for acquired land.
Employees’ Compensation Act -- An accident must arise out of and in the course of employment for compensation to be awarded under the Employees’ Compensation Act, 1923
Tendering Process -- Misleading or false representations in tender submissions can lead to disqualification under specified tender conditions.
Hindu Marriage Act -- Principle of res judicata does not apply to subsequent petitions for divorce based on continuous causes of cruelty.
Service Law -- In cases involving aided educational institutions, the liability for payment of back wages typically falls on the State Government when the termination is deemed illegal.
Protection of Children from Sexual Offences Act -- A penal provision enhancing punishment cannot be applied retrospectively to an offence committed before its commencement.
Constitution of India -- Constitutional validity -- Delimitation in a Union Territory cannot form the basis for parity-based claims by States under Article 14
Criminal Law -- FIR -- A Magistrate may direct registration of FIR under Section 156(3) even if prior remedies under Section 154 CrPC were not availed, though it is procedurally expected.
Negotiable Instruments Act -- Maintainability and scope of -- Amendment to a complaint in criminal proceedings is permissible even post-cognizance if it does not cause prejudice to the accused.
Central Civil Services (Classification, Control and Appeal) Rules -- Disciplinary proceedings -- Under Rule 13(2) of CCS (CCA) Rules, an authority competent to impose minor penalties may initiate proceedings for major penalties.
Negotiable Instruments Act -- Territorial jurisdiction under Section 138 NI Act lies with the Court where the payee maintains the account into which the cheque is deposited for collection.
Motor Vehicles Act, -- A personal accident cover under a comprehensive insurance policy gives rise to contractual liability distinct from statutory third-party liability under Section 147 of the Motor Vehicles Act.
Criminal Law -- Power under Article 32 to transfer investigation to CBI can be invoked in exceptional cases of failed local investigation and loss of public confidence.
Central Goods and Services Tax Act -- Payment of tax and penalty under protest does not dispense with the requirement to pass an adjudicatory order under Section 129(3) CGST Act.
Income Tax Act, 1961 -- International Taxation -- A Fixed Place PE under Article 5(1) requires not ownership but control and business use of a place at the disposal of the enterprise.
Juvenile Justice (Care and Protection of Children) Act -- Plea of juvenility can be raised at any stage of proceedings, even after final disposal of the case -- Juvenile Justice Act, 2000 applies retrospectively to offences committed before its enactment if the offender was below 18 years of age.
Criminal Law – Quashing of Proceedings -- Mere fact that complainant belongs to SC/ST is not sufficient to attract the SC/ST Act – specific intent to humiliate or discriminate based on caste must be established.
Criminal Law – Abuse of Process – Successive petitions under Section 482 CrPC are not maintainable where all grounds were available in the first petition.
Criminal Law -- Eyewitness Credibility -- Testimony of interested witnesses (e.g., relatives) must be scrutinized with caution and cannot form the sole basis of conviction unless wholly reliable.
Constitution of India -- Admission Eligibility -- Ambiguity in admission prospectus must be construed in favor of the student, particularly where criteria change mid-process.
Hindu Marriage Act, 1955 -- Supreme Court can exercise powers under Article 142 to bring complete closure to matrimonial disputes, including divorce, custody, property, and litigation, overriding procedural limitations.
Criminal Law – Bail Cancellation – Bail once granted may be cancelled if the order is perverse, unreasoned, or adversely affects fair trial and justice.Bail Cancellation – A person accused of abusing official position to facilitate sexual exploitation should not be released on bail if there’s risk to victim safety or fair trial.
Will -- Registered Will carries a presumption of genuineness (Sec. 114, Evidence Act; Indian Succession Act) -- Partition and devolution can be determined based on Will and conduct, even in presence of HUF claims.
Criminal Law -- Custodial Torture -- Quashing of FIR -- FIR filed against the victim to cover up custodial torture is abuse of process and must be quashed.
Criminal Law – Bail -- Anticipatory Bail is an extraordinary relief and not a matter of routine -- Concealment of material facts (e.g., vacated injunction order) disentitles the accused from equitable relief.
Criminal Law -- High Courts must refrain from passing personal strictures against subordinate judicial officers without affording them a hearing.
FIR -- A civil dispute involving property transactions cannot be criminalized by falsely alleging cheating or breach of trust.
Civil Law -- Order XLI Rule 4 CPC cannot be invoked by surviving appellants when appeal was jointly filed and one co-appellant dies without substitution.
Arbitration and Conciliation Act -- A clause containing the phrase “may be sought through arbitration” is not a binding arbitration agreement under Section 7 of the 1996 Act.
Constitution of India -- An appellate court can interfere where there is a legal error or perversity in the findings of the lower court.
Limitation Act, 1963 does not apply to conciliation under Section 18(2) MSMED Act -- Time-barred claims can be settled through conciliation and recorded as enforceable settlement agreements.
Motor Vehicles Act, 1988 -- Validity of driver's license -- A driver with an LMV license can lawfully drive commercial transport vehicles under 7500 kg (e.g., TATA 407) without additional endorsement.
Law of Succession – Wills and Probate -- A Will must be proved not only by due execution but also by dispelling all suspicious circumstances.
Property and Succession Law -- Inheritance rights -- Denying equal inheritance to tribal women violates Article 14 and Article 15 of the Constitution.
Electricity Act -- Note 3 of Regulation 55 of the CERC Regulations, 2019 does not prohibit a generating company from supplying free power beyond 13%; it merely restricts tariff pass-through calculations.
Service Law – Pensionary Benefits – Family Pension -- A substitute railway employee completing more than four months of continuous service attains the status of a temporary railway servant under Rule 1515 of the Indian Railway Establishment Manual.
Civil Law -- Failure to serve notice under Section 106 Transfer of Property Act cannot be presumed merely from postal endorsement unless mala fide is shown.
Criminal Law -- Section 319 CrPC empowers a court to summon a non-accused during trial if strong and cogent evidence suggests complicity.
Criminal Law -- Appreciation of Evidence -- Material contradictions between key eyewitnesses weaken the prosecution’s case and cannot be the sole basis for conviction.
Criminal Law – Appreciation of Evidence – Contradictory Testimony -- Where key prosecution witnesses (PWs) give mutually contradictory and materially inconsistent accounts, their testimonies cannot form the basis of conviction unless independently corroborated.
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act — Unregistered tenancies must be substantiated by rent receipts or official documentation to claim protection under SARFAESI.
Recovery of Penalty and Interest – SEBI Act, 1992 and Income Tax Act, 1961 – Interest on penalties imposed by SEBI is recoverable under Section 28A of the SEBI Act, 1992 read with Section 220(2) of the Income Tax Act, 1961, at the rate of 1% per month (12% per annum), upon failure to pay within the time specified in the adjudication order, irrespective of whether the original adjudication order mentions interest.
Registration of Documents – A power-of-attorney holder executing a document on behalf of a principal does not become the “executant” under Section 32(a) of the Registration Act.
Civil Law -- Sale pendente lite is void under Section 52 of Transfer of Property Act and does not defeat a prior valid agreement for specific performance.
Hindu Minority and Guardianship Act -- Custody -- Review jurisdiction under Article 137 can be invoked in custody matters when post-decision developments show manifest harm to the child's welfare.
Service Law — Pension — Compulsory Retirement Pension — Interpretation of Regulation 33 — When an authority reduces the pension of an employee compulsorily retired as a penalty under Regulation 33 of the Central Bank of India Pension Regulations, prior consultation with the Board of Directors is mandatory, regardless of whether such authority is exercising original, appellate, or review powers — Clause (1) and Clause (2) of Regulation 33 must be read conjointly to ensure employee safeguards are not defeated by administrative classifications of authority.
Hindu Marriage Act -- Divorce -- When matrimonial ties have irretrievably broken down and cohabitation ceased for over a decade, the Supreme Court can dissolve marriage under Article 142 even without cruelty.
Criminal Law -- Quashing of FIR – Illegal Construction -- A permit not required under law, obtained to create a facade of legality for an illegal act, indicates prima facie conspiracy.
Civil Law -- Decree Execution -- Equitable settlement can override strict decree execution where substantial compliance has occurred and continued litigation causes undue hardship.
Madhya Pradesh Entry Tax Act, 1976 -- A manufacturer who initiates the movement of goods into a local area for sale, even via a government warehouse, “causes to effect” entry under Section 2(3) of the M.P. Entry Tax Act and is liable to pay entry tax.
Evidence Act – Section 122 – Exception -- Privileged spousal communication is not barred in suits between spouses.
Motor Accident Claims -- No negligence need be proved under Section 163A of the MV Act—claims are based on structured formula, not fault -- Compensation under Section 163A must strictly follow the Second Schedule, and lump sum grants are impermissible.
Motor Accident Claims -- Credibility of Eyewitness Testimony -- Testimony of an eyewitness who was present at the scene (even if related to the victim) carries significant evidentiary weight and cannot be brushed aside merely due to delay or absence of corroboration, especially when delay is reasonably explained.
Service Tax Exemption -- Clarificatory Notifications -- Notifications that clarify existing exemptions can be relied upon in pending proceedings, even if not retrospective.
Contract Law – Indian Partnership Act -- A partnership does not automatically dissolve on the death of a partner where the partnership deed provides for continuation with surviving partners.
Civil Law -- Res judicata cannot be decided under Order VII Rule 11 CPC where the plaintiff is not a party to the earlier suit and pleads fraud or collusion.
National Green Tribunal Act, 2010 -- Environmental clearance for petrol pump establishment -- Suppression of parallel litigation amounts to abuse of process and invites dismissal with costs.
Criminal Law -- Pendency of a civil suit does not bar criminal prosecution if prima facie ingredients of cheating or conspiracy are made out.
Criminal Law -- A corporate entity that suffers injury due to IPR infringement qualifies as a “victim” under Section 2(wa) CrPC.
Tenancy Law -- A Communidade cannot unilaterally enter into a compromise affecting tenancy rights without permission under Article 154(3) of the Code.
Arbitration and Conciliation Act -- Failure to act upon valid invocation of arbitration clause empowers the Court under Section 11(6) -- Even in absence of a formal reply, consent at hearing can suffice for appointment.
Companies Act --- Demand Promissory Note as Admission of Debt -- Execution of a demand promissory note constitutes clear admission of liability -- Disputes raised after execution (especially at the stage of reply to winding-up petition) are not treated as bonafide unless substantiated.
Income Tax Act --- Scope of Assessing Officer under Section 115JA -- Assessing Officer’s (AO) jurisdiction is limited to verifying whether the profit and loss account is prepared as per Parts II and III of Schedule VI of the Companies Act and making adjustments only as per clauses (a) to (g) of the Explanation to Section 115JA.
Jammu and Kashmir Public Safety Act -- Preventive Detention -- Outcome of FIRs must be considered before relying on them for preventive detention -- Translated copies and complete material must be supplied for valid representation under Article 22(5).
Protection of Women from Domestic Violence Act -- Second petition under DV Act is not automatically barred if the first ended in a compromise -- DV proceedings are quasi-civil/quasi-criminal, and not bound by rigid procedural bars applicable to criminal trials.
Central Goods and Services Tax Act -- Right to Transitional Credit Is a Vested Statutory Right -- Section 140 of the Central Goods and Services Tax Act, 2017 (CGST Act) permits carry forward of eligible CENVAT credit from the pre-GST regime to the GST regime.
Criminal Law -- Bail -- Post-charge-sheet bail is permissible under general criminal law, even in PC Act cases -- Economic offences, while serious, do not bar bail under the PC Act if investigation is complete.
Pension -- Sympathetic Interpretation of Welfare Schemes -- Freedom Fighters' Pension Schemes are beneficial social welfare schemes, and must be interpreted liberally and sympathetically.
Preventive detention must not be used as a tool for punishment or administrative convenience, especially when the grounds are not current or specific -- Article 22(5) of the Constitution: Requires that the detenue be informed of the grounds and be given an opportunity to make a representation.
Registration Act, 1908 -- Section 23 – General Limitation Period -- Documents must be presented for registration within four months from the date of execution.
Service Law -- Presumption of Regularity in Official Records -- Official records produced by competent authorities are presumed to be accurate unless convincingly disproved by the challenger.