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Public Trust Doctrine does not mandate mechanical restoration of defunct natural resources if an ecologically beneficial public transformation has occurred.
Contractual Terms Govern Allotment and Possession -- Possession of industrial land can validly be made conditional upon execution and registration of the lease deed. The public authority is not at fault if the allottee fails to fulfil these preconditions.
Criminal Law -- Circumstantial Evidence: Must form a complete chain pointing exclusively to guilt.
Criminal Law -- Bail can be cancelled even after being granted if the offence is grave and fair trial is at risk
Hindu Marriage Act -- Permanent alimony must reflect the standard of living during the marriage and ensure financial dignity of the dependent spouse.
Criminal Law -- Allegations of rape under false promise of marriage require evidence that the promise was false at inception—mere breakdown of relationship does not attract Section 376 IPC.
Constitutional Law -- Mandamus Construction consistent with existing façade and removable in nature does not violate UNESCO Operational Guidelines para 172.
Heritage guidelines (Para 172 of UNESCO) do not prohibit reversible, minimal interventions aligned with existing structures in World Heritage Sites.
Constitution of India – Article 136 -- Sustainable development and ecological balance can justify adaptive use of heritage or green-belt land if changes are minimal, reversible, and environmentally sound.
Criminal Law -- Quashing under Section 482 CrPC is permissible when civil dues are fully settled and there is no continuing public interest or loss to the complainant.
Criminal Law -- False promise to marry does not ipso facto amount to rape unless it is shown that the promise was false from inception and made solely to obtain consent for sexual intercourse.
Service Law -- Regularisation of disabled persons under supernumerary posts is not a concession but a form of regular appointment if backed by clear policy intent.
Conviction -- Suppression of defence-supportive material by the prosecution violates the accused’s right to a fair trial under Article 21.
Section 14 MMDR Act bars the application of Sections 5–13, including 9B(5), to minor minerals, making State rules fully determinative.
Civil Law -- Remand is not warranted when the dispute can be resolved by interpretation of admitted documentary evidence, especially boundary descriptions in conveyance documents.
Criminal Law -- Section 173(5) CrPC is directory—omitted documents may be subsequently produced with court permission, especially if the omission was inadvertent.
Section 26(1) NGT Act must be strictly construed – Penal consequences arise only if the person had legal duty and capacity to comply.
Civil Law -- Transfer of Property Act -- Unregistered agreement to sell and power of attorney do not create or transfer title.
Scope under Article 136: Supreme Court can interfere with concurrent findings if there is manifest illegality, misreading of evidence, or perverse reasoning.
Service Law -- RBI Pension Scheme -- Fixation of cut-off dates in pension schemes is valid if based on economic, financial, and administrative reasons.
Restitutionary principle under Article 10.2.1 entitles the generator to economic restoration from the date of change in law.
Communication of grounds of arrest must be “meaningful” and impart sufficient knowledge of the accusation – mere citation of sections is insufficient (Vihaan Kumar principle).
Gang definition under Section 2(b) requires not just multiple offences, but commission with intent to disturb public order or gain material advantage through violence/threat/intimidation/coercion.
Order I Rule 10 CPC – While the power to delete parties exists at any stage, it cannot be used to reopen settled questions of impleadment already decided under Order XXII Rule 4 without timely objection.
Service Law -- Maternity leave is a facet of reproductive rights, and hence of Article 21 of the Constitution – it must be interpreted in light of personal liberty, dignity, and non-discrimination.
Criminal Law -- Quashing under Section 482 CrPC is justified where civil disputes have been fully settled and no public interest remains.
Customs Law -- Clarificatory or declaratory circulars that explain existing benefits or clarify ambiguities are presumed to be retrospective unless they create new rights or liabilities.
Criminal Law -- Section 239 CrPC – Discharge must be based only on police report and documents under Section 173; not on materials summoned or submitted by the defence.
Service Law -- Termination of probationer based on past misconduct without due inquiry is stigmatic and illegal.
Criminal Liability – Dishonour of Cheque -- Substantive averment that director was responsible for day-to-day affairs satisfies Section 141 NI Act – exact statutory wording not mandatory.
Administrative law -- Selection Board Recommendations Not Final -- Under Para 108(d) DSR, COAS can override or modify the board’s grading.
Criminal Law -- “Last seen together” is a weak form of evidence and cannot form the sole basis for conviction unless the time gap is narrow and corroborated by other circumstances.
Service Law -- Reporting/reviewing authorities for IFS officers up to APCCF must be within the Forest Department and superior in hierarchy.
Constitution of India -- Article 226 – Public Duty: Writ jurisdiction under Article 226 can be invoked even against private bodies if they discharge public functions affecting the public at large.
Control of National Highways (Land and Traffic) Act -- Section 3 of the 2002 Act – Mandates establishment of Highway Administrations for oversight and enforcement.
Service Law -- Ad-hoc service regularisation does not automatically entitle redesignation or promotion in a different cadre.
Order VII Rule 11 CPC – Rejection of Plaint -- A plaint can only be rejected under Order VII Rule 11(d) CPC if the suit is ex facie barred by any law based solely on the averments in the plaint, without requiring examination of evidence.
Criminal Law -- Section 313 CrPC – Procedural Safeguard: All material circumstances must be distinctly put to the accused; mechanical or vague questioning vitiates trial if prejudice is shown.
Section 94(2), JJ Act, 2015 – Date of birth in matriculation/school certificate takes precedence in age determination over medical opinion.
Restoration of LDCE Quota – 25% of posts in District Judge cadre must be reserved for promotion through LDCE, with fallback to regular promotion if seats remain vacant.
Criminal Law -- At the charge framing stage, only prima facie material in the charge-sheet is relevant; the court cannot conduct a mini-trial or evaluate defence evidence.
Service Law -- Once a disciplinary authority elects to consult the CVC under Regulation 19, it is bound to await and consider the CVC’s advice before proceeding further.
Income Tax Act -- Section 80-IA(9) does not alter the computation of deductions under other sections like 80-HHC, but limits the total deductible amount so that aggregate deductions do not exceed business profits.
Administrative Law – Disciplinary Proceedings -- Vagueness of chargesheet cannot be claimed when the charges are specific and clearly understood.
Criminal Law -- Section 254(3) BNSS confers discretionary power on trial courts to defer cross-examination of a witness or a set of witnesses – This discretion must be exercised judicially based on sufficient reasons and foreseeable consequences such as prejudice to the accused.
Criminal Law -- Clubbing of FIRs is permissible when offences arise out of the same transaction or course of conduct to prevent prejudice and conflicting decisions.
Criminal Law -- Concurrent findings of conviction under Article 136 are not to be interfered with unless they are perverse, unsupported by evidence, or result in gross miscarriage of justice.
Section 141, NI Act – A partner can be held vicariously liable even without signing the cheque if involved in the conduct of the firm’s business at the relevant time.
Consumer Law -- Proximate Cause Doctrine in Insurance -- Liability under insurance depends on the dominant or proximate cause of loss, which in this case was flooding, not seepage.
Foreigners Act, 1946 -- School Certificates – Must be properly proved through examination of the issuing authority; duplicates are not reliable without corroboration.
Encashment of Bank Guarantee -- Payment of Duty – Such encashment does not trigger Section 27 of the Customs Act nor invite the doctrine of unjust enrichment.
Section 482 CrPC applies to proceedings under Section 12 of the DV Act, despite their civil nature, since they are heard by criminal courts under CrPC.
Civil Law -- A decree for permanent prohibitory injunction is enforceable at any time upon breach; no limitation applies under Article 136 of the Limitation Act, 1963.
A corpus fund cannot be created by executive order in the absence of legislative sanction – taxation or levy must be traceable to statute.
Ex post facto environmental clearance violates the EIA Notification, 2006 and is impermissible under the Environment (Protection) Act, 1986.
A society registered under the Karnataka Societies Act is competent to hold title to property under Section 14, and registration under the Act is a precondition for allotment under Section 38B of the BDA Act.
Finance Commission Recommendations -- Court Managers are integral to court administration and must be regularised and granted uniform service conditions nationwide.
Service Law -- Strict compliance with recruitment notification terms is mandatory for claiming reservation benefits.
Criminal Law – Child Protection – POCSO Act -- Delays in FSL reports are a major bottleneck – States must ensure existing labs function effectively and submit timely reports.
Criminal Law – Prevention of Food Adulteration Act -- Doctrine of beneficial construction does not override express statutory exclusions.
Arbitration and Conciliation Act, 1996 -- Section 31(7)(a), arbitral tribunals can validly bifurcate the period between cause of action and award into pre-reference and pendente lite periods and apply different interest rates.
Arbitration and Conciliation Act, 1996 — An arbitration agreement must show clear intent to arbitrate, provide for a binding decision, and ensure impartial adjudication.
Mens rea under Land Grabbing Act need not be overt criminal intent – Mere intention to illegally possess or use land suffices.
Insurer’s liability under the Motor Vehicles Act is limited to monetary compensation, not ongoing obligations to support the victim’s medical or mobility needs.
Minimum wage cannot be the ceiling for determining income of skilled or semi-skilled workers like truck drivers, especially when sufficient time has elapsed and evidence suggests otherwise
Proof of conscious possession, even without identifying supplier or buyer, is sufficient for conviction under the Wild Life (Protection) Act if supported by credible recovery and neutral witnesses.
Child Custody and Visitation Rights -- Best interest of the child is paramount; meaningful contact with both parents enhances emotional development.
Custodial Death -- Credibility of Investigation is paramount—when local police are accused, investigation must be transferred to an independent agency like CBI (Narmada Bai, R.S. Sodhi principles applied).
Medical testimony must specify nature and number of injuries; however, omission by court or public prosecutor to extract full details is a curable irregularity if no prejudice is caused.
Civil Law -- Section 12A of the Commercial Courts Act is mandatory, but its enforcement by way of plaint rejection is prospective from 20.08.2022.
Powers under Section 79(1) of the Electricity Act include both regulatory and adjudicatory functions and are distinct from regulation-making powers under Section 178.
Civil Law -- Order XL Rule 1 CPC -- Receiver appointments must be just and convenient, not substitutes for adjudication of rights.
Civil Law -- A jurisdictional objection under the 1996 Act must ordinarily be raised before the tribunal under Section 16(2); failure to do so results in deemed waiver (Section 4).
Powers under Article 142 cannot be exercised in direct conflict with express statutory provisions unless to "iron out the creases" to do complete justice (SCBA v. Union of India, 1998; Shilpa Sailesh, 2023).
Section 2 of the Forest (Conservation) Act, 1980 prohibits use, lease or de-reservation of forest land without prior Central Government approval, regardless of revenue record classification.
Contract Law -- Doctrine of Privity of Contract -- A contract cannot bind or impose liability on a non-signatory party unless explicitly stated.
Service Law -- Adverse ACRs can be invalidated where mala fide intent is evidenced by masked adverse entries in the confidential portion not visible to the officer.
Contract Act -- Standard form employment bonds are not per se void unless shown to be unconscionable or opposed to public interest – Brojo Nath Ganguly distinguished.
Criminal Law -- Identification in Court is Crucial: In cases based on eyewitness testimony, failure to identify accused in court after narrating events is fatal to the prosecution.
Customs Act -- A departmental circular cannot override or expand the scope of a statutory notification issued under Section 25 of the Customs Act
Transfer of Property Act -- Conditional allotment under a statutory scheme is distinct from sale -- Payment of market value alone does not extinguish State control or override public interest conditions.
Civil Law -- Doctrine of Possession & Injunction Jurisprudence -- Interim injunctions require all three tests -- Prima facie case, balance of convenience, and irreparable harm to be satisfied cumulatively.
Criminal Law -- Parity is not an absolute rule for granting bail -- Individual roles and gravity of allegations must be considered.
Criminal Law -- Section 195 CrPC bar applies only when forgery/fabrication is during active court proceedings and directly affects administration of justice.
Criminal Law -- Section 482 CrPC does not permit the High Court to conduct a factual inquiry or adjudicate the merits of the case during the investigation stage.
Motor Vehicles Act – Compensation -- A married daughter is not presumed to be financially dependent on her deceased parent unless proven.
Compensation – Functional Disability -- Insurer cannot raise fresh defences in claimant’s appeal where no cross-appeal is filed.
Arbitration and Conciliation Act, 1996 -- Section 11(6A) mandates courts to only examine existence of an arbitration agreement at the referral stage.
Criminal Law – Prevention of Corruption Act, 1988 -- Offence under Section 13(1)(e) of the PC Act can be abetted by non-public servants.
Consumer Law -- Violation of interim orders of consumer fora by real estate developers can result in denial of claims and equitable adverse orders.
Dowry Demand -- Section 498A IPC requires specific, credible evidence of cruelty that causes grave mental or physical harm or is linked to unlawful dowry demands.
Civil Law -- Section 96(2) CPC appeal is maintainable even after failure under Order IX Rule 13, but condonation of delay must be justified independently.
Service Law -- Functional integration upon absorption into State-controlled bodies like MPSEB mandates parity in service benefits, including pension
Unlawful Activities (Prevention) Act , Section 43D(5) imposes a statutory bar on bail if the Court is satisfied prima facie about the accused’s complicity; direct recovery is not necessary if conspiracy is otherwise supported by credible material.
Criminal Law -- Section 161 CrPC statements are not substantive evidence and can only be used for contradiction (Section 162 CrPC).
Prevention of Corruption Act -- Demand of bribe is sine qua non for conviction under Sections 7 and 13(1)(d) of the PC Act. Recovery alone is insufficient.
Taxation Law – Indirect Taxes -- Purchase Tax -- A tax can be validly imposed on purchase even if sale is exempt, provided the goods are generally taxable under the Act.
Freedom of Speech and Expression -- Right to Criticise Judicial Orders is part of freedom of speech unless it scandalizes or disrupts justice.
Civil Law -- Appellate courts in interlocutory appeals cannot dismiss substantive parts of a suit under Order 41 CPC -- A concession or undertaking given by a party does not render the suit infructuous.