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Central Excise Act -- Price as Sole Consideration -- For Section 4(1)(a) to apply, price must be the sole consideration, which was not the case in the MOU transactions -- Extended Limitation Cannot be invoked without concrete evidence of suppression or fraud, especially when the department is already aware of material facts.
Service Law -- Natural Justice and Procedural Fairness -- Disciplinary authorities must base findings on legally admissible evidence -- Fair consideration of the charged employee’s response is a procedural necessity -- Disciplinary proceedings initiated for retaliatory purposes are an abuse of power.
Section 306 IPC -- Abetment of Suicide -- For a charge under Section 306 IPC, there must be clear evidence of abetment as defined under Section 107 IPC -- Mere harassment or heated words, without the intention to provoke suicide, do not amount to abetment.
Scope of Judicial Review on Prison Transfers -- Inspector General of Prisons has the authority to order intra-state transfers under Section 29 of the Prisoners Act, 1900 and Rule 770(B) of the State Jail Manual -- Transfers can be made on security grounds under Rule 9.01(vii) of the Prison Manual, 2016, emphasizing the maintenance of discipline and order in prisons.
Civil Law -- Applicability of Section 100 CPC (Second Appeals) -- A second appeal is maintainable only if the High Court is satisfied that it involves a substantial question of law -- No interim relief can be granted in a second appeal unless substantial questions of law are framed.
Civil Law -- Merger of Decrees -- When an appellate court decides a case, the trial court’s decree merges with the appellate court's decree, leaving only the appellate court’s decree operative -- Doctrine of merger applies regardless of whether the appellate court affirms, modifies, or reverses the trial court’s decree.
Service Law -- Promotion Criteria under the Jharkhand Superior Judicial Services Rules, 2001 -- 65% quota Promotion based on merit-cum-seniority and passing a suitability test -- Suitability threshold -- Candidates must score a minimum of 40 marks.
Legislative Provisions -- Transgender Persons (Protection of Rights) Act, 2019 -- Discrimination in access to public facilities, including washrooms -- Government to create washroom facilities specifically for transgender persons.
Section 125 Cr.P.C. - Maintenance to Wives – Entitlement -- A wife is entitled to maintenance if she is unable to maintain herself and her husband neglects or refuses to provide for her.
Service Law -- Application of Executive Orders in Recruitment -- In the absence of formal rules under Article 309 of the Constitution of India, recruitment can be governed by executive orders. (G.O. dated 07.04.2008 governed recruitment in this case).
Applicability of Limitation Act to Arbitration and Conciliation Act -- Section 43 of the ACA explicitly applies the Limitation Act, 1963, to arbitrations and related court proceedings under the ACA.
Micro, Small and Medium Enterprises Development Act -- Registration and Eligibility -- Filing a memorandum under Section 8 -- Not a precondition for invoking Section 18 remedies -- Micro and small enterprises exist and operate even without formal registration -- Registration affects benefits but not the substantive rights under the Act.
Railways Act, 1989 -- Scope and Applicability -- Penalizes unauthorized business in the procurement and supply of railway tickets -- Applies to individuals who are not railway servants or authorized agents.
Arbitration Agreement as a Prerequisite (Section 7, A&C Act) -- Existence of a valid arbitration agreement is a sine qua non for initiating arbitration proceedings -- Without a genuine agreement, any arbitration award is null and void.
Criminal Law -- Right Against Arbitrary Arrest -- Judgment upholds the principle of protecting individuals from arbitrary arrest when there is no immediate need for custodial interrogation.
Probation of Offenders Act, 1958 -- Section 4 -- Allows for the release of offenders on probation instead of sentencing them to imprisonment, particularly for first-time offenders and in cases where the circumstances suggest the potential for reform.
Limitation Act -- Section 14 -- Provides relief to parties pursuing remedies in alternate forums, ensuring claims are not barred due to procedural delays.
Juvenility at Any Stage -- Section 9(2) of JJ Act, 2015 permits the claim of juvenility even after final adjudication, emphasizing reformation over punishment -- Courts must act as guardians for juveniles, ensuring their rights to rehabilitation and reformation.
Role of Limitation Act -- Court reaffirmed that limitation laws serve the purpose of ensuring timely litigation and preventing prolonged uncertainty -- The three-year period under Article 113 is final unless an express legal exception applies.
Motor Vehicles Act -- Golden Hour Definition (Section 2(12-A)) -- First hour following a traumatic injury during which prompt medical care has the highest likelihood of preventing death -- Mandates the Central Government to create a scheme for cashless treatment during the golden hour.
Compounding of Non-Compoundable Offenses -- Section 326 IPC -- Voluntarily causing grievous hurt by dangerous weapons or means is a non-compoundable offense under the Criminal Procedure Code, 1973 -- Supreme Court, under Article 142 of the Constitution, has inherent powers to allow compounding of non-compoundable offenses in exceptional circumstances to serve the ends of justice.
Bombay Improvement Trust Transfer Act, 1925 -- Non-Compulsory Conveyance -- Court held that "shall convey" under Section 51(2) does not imply an unconditional obligation and is contingent upon compliance with statutory and contractual conditions.
NDPS Act -- Presumption Against Owner’s Knowledge -- Vehicles can only be confiscated under Section 60 of the NDPS Act if the owner fails to prove lack of knowledge or connivance -- Interim release is permissible if the owner demonstrates reasonable precautions to prevent misuse.
Motor Accident -- Principle of awarding just compensation in motor accident cases, emphasizing a comprehensive evaluation of pecuniary and non-pecuniary damages to address the victim’s long-term needs and hardships.
Civil Law -- Distinction between civil and criminal liability, emphasizing that property disputes involving ownership claims and undivided shares are inherently civil -- Invocation of criminal law in such contexts, without clear evidence of deceit or fraudulent intent, amounts to abuse of legal processes.
Criminal Law -- Courts must balance societal interests and individual rights in cases of heinous crimes -- Minor inconsistencies in testimonies do not invalidate the prosecution’s case if the core evidence is credible and corroborated.
State cricket associations, being affiliated to the BCCI, must ensure that their constitutions and amendments do not conflict with or undermine the BCCI Constitution, which has been approved by the Supreme Court in prior litigation (Civil Appeal No.4235 of 2014). Any inconsistent provision must be harmonized or shall be deemed invalid.
Limitation Act -- For setting aside an arbitration award, the 30-day limitation begins from the date of ‘service of notice of the filing of the award’ -- Supreme Court has held that ‘service of notice’ does not necessarily require a formal or written notice if awareness is otherwise established.
Insolvency and Bankruptcy Code, 2016 -- High Court should not ordinarily exercise its writ jurisdiction to interdict or set aside an approved resolution plan unless there are exceptional circumstances, particularly because the IBC provides a specialized, time-bound mechanism with adequate remedies.
Arbitration and Conciliation Act -- Where Arbitral Tribunal had already afforded extensive cross-examination time (exceeding 12 hours) and exercised its discretion to conclude the witness’s examination, a High Court’s Article 227 interference was unwarranted unless the Tribunal’s decision was demonstrably perverse or amounted to a denial of a fair hearing.
Land Acquisition -- Once Claim Commission’s reports for a particular village (or set of villages) have been approved by the Supreme Court, there can be no re-opening of compensation or R&R benefits based on changed government policies or subsequent demands. Such re-adjudication would be barred by the principle of finality.
Electricity Act, 2003 -- Supreme Court clarified that Section 63 of the Electricity Act allows statutory authorities like MCD to undertake WTE projects, provided bidding processes are transparent and in line with Central Government guidelines -- Emphasized harmonious statutory interpretation and the critical role of public interest in renewable energy initiatives.
Andhra Pradesh Assigned Lands (Prohibition of Transfer) Act, 1977 -- Section 3 -- Prohibits the transfer of assigned lands by the assignee to any other person -- Assigned lands are typically granted for specific purposes under government policies and are not alienable.
Negotiable Instruments Act, 1881-- Supreme Court reinforced the principle that a power-of-attorney holder with personal knowledge of the transaction can validly file and pursue a complaint under Section 138 of the NI Act -- Emphasizes judicial restraint in exercising powers under Section 482 of the Cr.P.C., particularly when disputes can be resolved during the trial.
Motor Vehicles Act – Compensation -- Importance of adhering to precedents for calculating compensation, including deductions and future prospects -- Need to balance technical correctness with the broader principle of awarding "just compensation" -- Sensitivity to the plight of victims and their families while adjudicating motor accident claims.
Indian Succession Act, 1925 -- A finding of valid execution under Section 63 of the Indian Succession Act, 1925 and Section 68 of the Indian Evidence Act, 1872 does not necessarily establish the genuineness of the Will -- Even after proving execution, the propounder must remove any suspicious circumstances to the court's satisfaction.
Hindu Adoptions and Maintenance Act -- Doctrine of Relation Back in Adoption -- Adoption by a widow relates back to the date of death of her husband, treating the adopted child as if born to the deceased husband -- Adopted child cannot divest any property already alienated by the widow prior to the adoption.
Jurisdiction of the Central Bureau of Investigation (CBI) -- Section 6 of the Delhi Special Police Establishment Act, 1946 -- Consent of the State Government is required for the CBI to exercise powers and jurisdiction within the territory of the State unless a general consent is provided.
Criminal Law -- Section 174A IPC constitutes a stand-alone offence triggered by non-compliance with a Section 82 proclamation -- However, subsequent acquittal or resolution of the main dispute may serve as grounds for terminating Section 174A IPC proceedings if they no longer serve any purpose.
Maintenance and Welfare of Parents and Senior Citizens Act, 2007 -- Transfers of property by senior citizens, subject to conditions of maintenance, can be declared void if the transferee:o Fails to provide basic amenities.o Neglects the physical and emotional well-being of the senior citizen.
Land Acquisition Act -- Supreme Court’s extraordinary powers under Article 142 can be invoked to remedy unjust delays in compensation -- Inordinate delays in land acquisition violate constitutional rights under Article 300-A.
Criminal Law -- Anticipatory bail cannot be granted mechanically, especially in heinous offences like murder -- Courts must consider the gravity of the offence, role of the accused, and evidence on record before granting anticipatory bail.
Civil Law -- A separate application under Section 5 of the Limitation Act may not be required if the restoration application itself provides a valid explanation for the delay -- Litigants should not be penalized for their counsel’s negligence or misconduct.
Land Acquisition Act -- Supreme Court reiterated the importance of basing compensation on reliable evidence such as sale deeds and the land's potentiality -- Delayed payment of compensation attracts statutory benefits, emphasizing timely execution of awards.
Civil Law -- Civil court retains jurisdiction to determine title, declare shares, and direct partition where revenue authorities are unable to proceed -- Bar under Section 154(1)(e) applies only when remedies under Section 97 are available and maintainable.
Insolvency and Bankruptcy Code, 2016 -- Moratorium (Section 14) -- Prohibits enforcement actions against Corporate Debtors during CIRP but does not extinguish liabilities or claims.
Service Law -- Voluntary Retirement Scheme -- Administrative Duty -- Applications for VRS must be decided within a reasonable time by the employer -- Effect of Delay -- Inordinate delay in processing VRS applications may render subsequent termination arbitrary.
Criminal Law -- Inherent Powers of the High Court -- Section 482 of the CrPC empowers the High Court to quash criminal proceedings to prevent abuse of the court’s process or to secure the ends of justice.
Hindu Succession Act, 1956 -- Inheritance Rights for Female Members of Tribes -- Tribal customs traditionally exclude women from inheritance rights -- Court applied principles of equity to extend inheritance rights to Mardan’s daughters in this case, consistent with evolving judicial trends advocating gender parity.
Criminal Law -- Witchcraft and Superstition -- Accusations of witchcraft, especially targeting women, are rooted in patriarchy, caste-based discrimination, and superstition -- Such practices perpetuate violence, public humiliation, and discrimination, making them a blot on the constitutional spirit of equality and justice.
Central Excise Act -- Classification Principles Under Central Excise Tariff Act, 1985 -- Heading 1513: Covers "Coconut (Copra) oil and fractions thereof, whether or not refined, but not chemically modified." -- Packaging size is not specified as a criterion for classification.
Bihar and Orissa Public Demands Recovery Act -- Principles of Interpretation -- Golden rule of statutory interpretation is applied to expand the inclusive definition of "public demand -- Absence of an explicit clause in the agreement for recovery under the Act does not negate the jurisdiction if the statutory framework permits it.
Motor Vehicles Act -- Legal Principles Regarding Motor Vehicle Claims -- Standard of Proof -- In motor accident claim cases, the standard of proof is the preponderance of probability, not proof beyond reasonable doubt.
Arbitration and Conciliation Act -- Practical Considerations in Arbitration Awards -- Execution of Awards -- Courts must enforce awards in line with settled principles of pre- and post-award interest under the Arbitration and Conciliation Act, 1996.
Criminal Law -- Principles of Sentencing -- Just Dessert Doctrine -- Sentence must be proportional to the crime to maintain public confidence in the justice system.
Unlawful Activities (Prevention) Act -- Importance of Judicial Objectivity in Bail Decisions -- Courts must consider the specific allegations against the accused and not be unduly influenced by the alleged activities of an organization.
National Investigation Agency Act -- Suo Motu Power of Central Government under Section 6(5) of the NIA Act -- Under Section 6(5), the Central Government has the overriding power to suo motu direct the NIA to investigate a Scheduled Offense without waiting for a State Government report.
Civil Law -- Supreme Court reaffirmed that land acquisition proceedings must strictly comply with procedural safeguards to uphold the constitutional right to property -- Procedural lapses, delay in compensation, and improper possession invalidated the acquisition of both lands.
Consumer Protection Act, 1986 -- Supreme Court upheld procedural propriety and rejected the respondent's claim for possession due to their prolonged defaults and delay -- It reinforced the need for transparency and fairness in public land allotment processes.
Limitation Act -- High Courts must exercise writ and supervisory jurisdiction sparingly, especially in administrative matters governed by statutory schemes – Supreme Court also clarifies that the absence of regulations under discretionary provisions does not preclude administrative authorities from exercising their statutory powers if due process is followed.
Criminal Law -- Conviction cannot be based on conjectures or inconsistent reliance on evidence -- Testimony of interested witnesses must be carefully scrutinized, and reliance on speculative conclusions undermines the principles of criminal jurisprudence.
Civil Law -- Arbitrariness in Allotment -- Discretionary allotments must comply with Clause 12(8) of GR 1999, requiring written reasons for exercising discretion. Failure to provide reasons renders such allotments arbitrary.
Civil Law -- Bar on Separate Suit (Order 23, Rule 3A CPC) -- No separate suit is maintainable to challenge the validity of a compromise decree. The only remedy is to approach the same court that recorded the compromise.
Transfer of Property Act, 1882 -- Limitation in Resumption Claims -- Long and uninterrupted possession by donees strengthens their title and undermines delayed claims by donors or their heirs.
Motor Accident -- Compensation should account for the severity of the injury and its lifelong impact, ensuring justice for the victim -- Courts must adopt a liberal approach when awarding compensation for pain, suffering, and loss of life’s amenities, especially for minors or cases of 100% disability.
Criminal Law -- Abetment of Suicide (Section 306 IPC) -- Requires evidence of direct or indirect acts that incite or compel suicide -- Mere allegations of harassment do not suffice; intent and proximate acts are necessary.
Civil Law -- Wilful Disobedience -- Contempt is established when disobedience of court orders is intentional, deliberate, and conscious, excluding accidental or bona fide acts.
Service Law -- Temporary Employment -- Temporary or contractual employment does not confer a vested right to the post unless it is made following statutory rules or procedures.
Civil Law -- Default in Auction Terms -- Failure to comply with payment conditions justifies cancellation of lease after following due process -- Courts must scrutinize claims to prevent abuse of the judicial process by parties acting in bad faith.
Criminal Law -- Allegations Against Family Members -- Mere inclusion of family members in a complaint without specific and substantive allegations constitutes abuse of legal process.
Hindu Marriage Act, 1955 -- Supreme Court, under Article 142 of the Constitution, has the discretionary power to dissolve a marriage when it is irretrievably broken.
Civil Law -- Beneficial Legislation -- Section 28-A of the Land Acquisition Act, 1894, is a beneficial provision designed to provide equitable compensation to landowners who could not pursue a reference under Section 18.
Service Law -- Breaks in service due to repatriation or unrelated reasons disqualify the counting of past deputation service for promotion unless explicitly allowed by rules or regulations -- Continuity and compliance with eligibility criteria at the time of consideration are paramount.
Constitution of India -- Principle that benefits granted to litigants in judicial decisions should be extended to all similarly situated individuals to ensure equality and fairness -- It also highlights the Court’s ability to invoke Article 142 to do complete justice in exceptional cases.
Constitution of India -- Right Against Delay in Execution of Death Sentence -- Undue, unexplained, and inordinate delay in the execution of a death sentence violates the fundamental right to life and dignity under Article 21.
Hindu Succession Act -- Role of Maintenance -- A wife or widow's right to maintenance is a tangible legal right against property, recognized since ancient Hindu jurisprudence.
Service Law -- Judicial Interference in Service Matters – Supreme Court emphasized the principle of non-interference in administrative decisions of private institutions, especially when based on clear policies, regulations, and state directives.
Criminal Law -- Section 34 IPC -- Liability under Section 34 IPC arises when multiple persons act in furtherance of a shared intention -- Mere presence at the crime scene or general participation without a shared intention does not attract Section 34 IPC.
Foreigners Act, 1946 -- Validity of termination -- Supreme Court emphasizing adherence to natural justice and reasoned decision-making in administrative actions -- Delayed police verification cannot override principles of fairness, especially when it results in significant prejudice to an individual’s rights.
Transfer of Investigation -- Role of Courts -- Constitutional courts have discretion to transfer investigations to independent agencies based on sound legal principles and factual circumstances.
Civil Law -- Supreme Court balanced the interests of preserving the sanctity and smooth functioning of the temple with the rights of elected representatives -- By appointing an impartial Administrative Head, it ensured adherence to governance norms and prevented further disputes, while safeguarding the religious and cultural significance of the temple.
Criminal Law -- Strict Interpretation of Arms Rules -- Possession of sharp-edged weapons must meet the specific dimensions and intent under the Arms Rules and notifications to constitute an offence -- Supreme Court underscored the need for precise and evidence-backed allegations in criminal prosecutions, particularly under specialized statutes like the Arms Act.
Criminal Law -- Burden of Proof in Circumstantial Evidence -- Prosecution must establish each link in the chain conclusively, leaving no room for alternative hypotheses -- Non-compliance with Section 27 led to the inadmissibility of the alleged discoveries.
Civil Law -- Welfare Principle -- Decision-making authorities must adopt a sympathetic and humane approach in cases involving bereaved families of armed forces personnel.
Criminal Law -- Role of Public Prosecutors -- Public prosecutors must ensure that trials are conducted fairly and that all material circumstances are put to the accused -- Courts must ensure compliance with Section 313 CrPC by putting all incriminating material to the accused in a language they understand.
Service Law – Recruitment -- A purposive approach to recruitment advertisements, focusing on the nature of work performed over procedural formalities -- Upholding constitutional values of equality and social justice in public employment -- Validity of countersigned certificates in substantiating claims of work experience.
Criminal Law -- Abetment of Suicide -- Requires clear instigation or intentional aid; a broken relationship alone is insufficient -- Cheating Allegations -- Must be supported by evidence of willful deceit or exploitation.
Criminal Law -- Rigorous standard of proof required in circumstantial evidence cases -- Necessity for adherence to procedural safeguards in criminal trials -- Principle that benefit of doubt must favor the accused when evidence is inconclusive.
Service Law -- Promotions are effective only upon assumption of duties -- Administrative delays, while regrettable, do not warrant retrospective financial benefits when they conflict with statutory rules or established precedents.
Land Acquisition Act, 1894 -- Principle that the acquisition for an integrated project, like the Yamuna Expressway, serves a valid public purpose and urgency provisions can be invoked -- Necessity for judicial consistency, adherence to precedent, and a pragmatic approach to development challenges.
Criminal Law -- In matrimonial disputes, generalized and exaggerated allegations against distant relatives, unsupported by specific evidence, are liable to be quashed under Section 482, Cr.P.C., to prevent the abuse of judicial process and secure justice.
Prevention of Corruption Act -- Demand and acceptance of illegal gratification must be proved beyond a reasonable doubt -- Recovery of tainted money, corroborated by direct or circumstantial evidence, shifts the burden of proof to the accused, who must rebut the presumption of guilt under Section 20 of the Act -- Failure to do so warrants conviction.
Scheduled Caste status under the Constitution (Scheduled Castes) Orders is confined to specific religious groups unless valid reconversion is established -- Evidence of reconversion must include sincere adherence to the original religion and acceptance by the caste community.
Criminal Law -- Prolonged consensual relationships, when turning sour, should not be criminalized absent evidence of deceit or coercion -- Importance of distinguishing between consensual relationships and those involving criminal intent, ensuring that criminal law is not misused.
Civil Law -- Ownership of Partnership Property -- Partnership assets acquired using partnership funds belong to the partnership firm, even if registered in the names of individual partners.
Arms Act -- Legitimate Expectation of Renewal -- While licensees have a legitimate expectation of renewal under Section 15(3), delays, adverse police reports, and other criteria can override this expectation.
Constitution of India, 1950 – Supreme Court upheld the validity of the Forty-second Amendment, affirming that the insertion of ‘socialist’ and ‘secular’ in the Preamble is consistent with the Constitution's principles and does not violate its basic structure.
Civil Law -- State's Obligation in Managing Public Resources -- Government holds public resources in trust for citizens. Allocation must prioritize public interest and adhere to principles of fairness and equality.
Arbitration and Conciliation Act -- Judiciary's role in ensuring arbitration proceedings are not derailed by procedural technicalities, particularly in light of unforeseen disruptions like the pandemic -- It underscores the balance between procedural efficiency and substantive justice in arbitration.