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1) Criminal Law – Indian Penal Code – Sections 96, 97, 99, 302, 304 – Right of private defence – Exercise of such right requires reasonable apprehension of grievous hurt or death – It commences with imminent threat and must be proportionate to danger apprehended. 2) Criminal Law – Indian Penal Code – Sections 299, 300, 304 – Distinction between murder and culpable homicide not amounting to murder – Presence or absence of intention to cause death or knowledge that the act is likely to cause death – Application of exceptions under Section 300 – Sudden fight or heat of passion can reduce culpable homicide to punishment under Section 304.
1) Reservation Law – Uttar Pradesh Public Services (Reservation for SC, ST and OBC) Act, 1994 – Section 3(3) permits filling unfilled Scheduled Tribe reserved vacancies by suitable Scheduled Caste candidates subject to prescribed statutory conditions and roster adjustments. 2) Service Rules – Uttar Pradesh Basic Education (Teachers) Service Rules, 1981 – Rule 17-A(2) mandates that the validity of the select list is limited to one year from its preparation, and no enforceable right to appointment arises after its expiry notwithstanding the existence of vacancies.
1) Service Law – Regulation 351-A, Civil Services Regulations – Disciplinary proceedings affecting pensionary benefits after retirement require prior sanction of the Governor and must comply with the procedure prescribed therein. 2) Pension – Retiral Benefits – Punishment affecting pension or recovery of pecuniary loss from retired government servants is invalid if imposed without sanction under Regulation 351-A following superannuation.
1) Criminal Procedure - Jurisdiction – Under Section 175(3) read with Section 199 of BNSS, 2023, territorial jurisdiction to order investigation lies only where the offence or its legal consequence forms part of the offence under the local limits of the court’s jurisdiction. 2) Prevention of Corruption Act, 1988 – Section 13(2) – Mere forwarding of a grievance or representation by a public servant without dishonest intent or direct abuse of office does not constitute criminal misconduct or interference in investigation.
1) Maintenance Law – Interim Order – An interim maintenance order operates only during the pendency of the proceeding in which it is passed and merges into the final order upon disposal of the proceeding. 2) Criminal Procedure Code, 1973 – Section 128 – Enforcement of Maintenance – An interim maintenance order loses its efficacy once the substantive maintenance proceeding is dismissed unless the competent court directs otherwise.
1) Revenue Code, U.P. – Sections 207, 209(g), 209(h), 210 – Revisional Jurisdiction – Section 210 requires the suit or proceeding to be one “in which no appeal lies” for revision to be maintainable; Sections 209(g) and 209(h) create exceptions to the general appellate remedy by barring appeals against decrees passed with consent or ex parte/default, respectively. 2) Procedural Law – Writ of Prohibition – A writ of prohibition is preventive, issued only where the subordinate authority is proceeding wholly without jurisdiction; mere disputed factual questions concerning jurisdictional preconditions cannot be adjudicated in writ proceedings.
1) The grant of bail must consider the nature and gravity of allegations, the role attributed to the accused, material collected, and the possibility of tampering with evidence or influencing witnesses, especially in cases involving organized corruption and substantial financial irregularities.
1) The acquisition authority must consider registered sale deeds, mutations, objections filed during acquisition, and relevant records to verify and apportion acquired land areas before disbursing compensation under the National Highways Act, 1956.
1) A complaint under Section 138 of the Negotiable Instruments Act is compoundable and can be compounded at any stage of the proceedings if the parties voluntarily settle the dispute.
1) Indian Penal Code and POCSO Act – The age of the victim being under 18 years renders any consent given by her legally irrelevant for offences of sexual assault under POCSO and IPC. 2) Evidence Law – DNA profiling and chain of custody, if properly maintained and undisputed, constitute admissible and reliable evidence to establish biological parentage in sexual offence cases.
1) Motor Vehicles Act, 1988 – Compensation – Assessment of disability and loss of future income – The percentage of permanent disability is not necessarily equivalent to the percentage of loss of earning capacity; the latter must be assessed considering the nature of occupation, age, and other relevant factors. 2) Motor Vehicles Act, 1988 – Compensation – Calculation of loss of future income – Notional income can be considered where actual income is not proved; however, average income based on tax returns provides a better basis for assessment when available and credible.
1) Motor Vehicles Act, 1988 – Section 166 – Compensation – Adequacy of compensation awarded for injuries depends on medical evidence, including expert opinion to quantify disability. 2) Motor Vehicles Act, 1988 – Section 149 – Liability of insurer – Insurance company’s statutory liability towards third-party compensation exists even in case of driver’s violation of policy conditions, subject to pay-and-recover mechanism.
1) Succession Act, Section 63 – The execution of a Will must comply with the prescribed formalities, including attestation by at least two witnesses to establish its validity. 2) Evidence Act, Section 68 – The presence and examination of at least one attesting witness are essential to prove the execution of the Will, especially when suspicious circumstances exist.
1) Hindu Marriage Act, 1955 – Sec 13(1)(ib) – Desertion as ground – Requires continuous desertion for not less than two years immediately preceding the petition; mere absence or residence separately does not satisfy the statutory period. 2) Hindu Marriage Act, 1955 – Sec 13(1)(ia) – Cruelty as ground – Court must independently assess whether the conduct alleged constitutes cruelty sufficient to dissolve marriage, irrespective of absence of contest by the opposite party.
1) Evidence Act – Section 6 – Res Gestae – Confessional statements made immediately after the occurrence, contemporaneous with the offence, are admissible and form part of the occurrence, strengthening the prosecution case. 2) Criminal Procedure Code – Section 313 – Necessity of explanation by accused regarding incriminating circumstances – Silence or failure to provide plausible explanation allows adverse inference strengthening conviction based on circumstantial and direct evidence.
1) Criminal Procedure Code – Sections 227 and 228 – Scope of discharge application and framing of charge: Court can only consider prima facie materials at the threshold stage without conducting a mini trial. 2) Unlawful Activities (Prevention) Act, 1967 – Section 15(1)(a) – Terrorist act definition includes causing fear or terror atmosphere by unlawful assembly, demanding trial on merits to consider existence of ingredients.
1) Service Law – Writ Jurisdiction – Power of Court to quash administrative orders that are arbitrary and without jurisdiction, particularly when affecting fundamental rights to carry on business. 2) Administrative Law – Scope and applicability of statutory or tender-based restrictions on trade during specific periods such as festivals, limiting the extent of such restrictions.
1) Criminal Law – Bail – Grant of bail can be considered on parity where co-accused have been enlarged on bail and evidence is not conclusive, even if the accused is a rowdy sheeter. 2) Criminal Procedure Code, Section 437 – Bail conditions including personal bond and surety, with restrictions on witness tampering and court appearances, are essential safeguards in bail grants.
1) Karnataka Police Act, 1863 – Sections 6 & 7 – Licensing requirements for establishments conducting games or recreational activities – Whether the Act applies to private members-only clubs excluding public access. 2) Karnataka Societies Registration Act, 1960 – Scope and rights of registered societies to conduct activities without requiring a police license, subject to compliance with law and police surveillance.
1) Greater Bengaluru Governance Act, 2024 – Section 243 & Section 250 – Procedure for issuing Provisional Orders relating to unauthorized construction and the appellate remedy provided for challenging such orders. 2) Administrative Law – Principles of natural justice – Requirement of prior notice for inspection and opportunity of hearing before taking coercive action.
1) A Reviewing Officer must provide specific, cogent reasons when differing from the Reporting Officer’s assessment in an APAR as mandated by DoPT guidelines; failure to do so renders the adverse appraisal invalid.
1) Courts may issue directions for expeditious disposal of pending appeals where there is undue delay not attributable to parties, ensuring prompt justice.
1) The court’s power to direct administrative authorities to consider representations and decide disputes expeditiously in accordance with law.
1) Criminal Procedure – Test Identification Parade – The absence of a TIP severely weakens the reliability of dock identification, especially after a lengthy delay and when witnesses had no prior acquaintance with accused. 2) Evidence – Recovery – Seizure and recovery must be supported by credible evidence including testimony of seizure witnesses; failure to produce or examine such witnesses casts doubt on the veracity of recovery claims.
1) Motor Vehicles Act, 1988 – Section 163-A – Provides for statutory compensation to the legal representatives of deceased victims in motor accident cases without the necessity to prove negligence or fault. 2) Motor Vehicles Act, 1988 – Section 163-A – Validity of driving license of the deceased driver does not preclude the claim for compensation by legal representatives under the Act.
1) Evidence Act, Section 114 – Where parties have cohabited for a long time as husband and wife, there arises a strong rebuttable presumption of valid marriage which can be drawn even if formal marriage ceremonies are not proved. 2) Hindu Law – Coparcenary property – A compromise entered into by one coparcener without impleading other coparceners is not binding on the absent coparceners unless fraud or authority is demonstrated.
1) Transfer of Property Act, 1882 – Section 54 – Sale of immovable property requires transfer of ownership in exchange for a price paid or promised; absence of consideration renders the sale void. 2) Evidence – Burden of proof – Registered sale deed carries presumption of genuineness and consideration; party contesting title must rebut this presumption with cogent evidence.
1) Service – Higher Judicial Service Recruitment Rules (Madhya Pradesh), 1994 (as amended in 2015) – Eligibility and procedure for direct recruitment from Bar including provisions for in-service judicial officers resigning with lien and seniority retention. 2) Constitutional Law – Article 233 – Interpretation regarding eligibility of judicial officers with prior advocacy experience for direct recruitment to District Judge/Higher Judicial Service posts and the requirement of combined experience laid down by Constitution Bench in Rejanish K.V. v. K. Deepa (2025).
1) Motor Accident Claims – Determination of compensation – Functional disability assessed based on earning capacity in the open market, can be revised if subsequent medical board certifies higher permanent physical impairment. 2) Motor Accident Claims – Multiplier application – The multiplier to calculate loss of dependency must be based on the age of the deceased, not the dependents, as settled in Sarla Verma and subsequent judgments.
1) Constitutional Law – Article 142 – Power of Supreme Court to pass decree or order to do complete justice, including protection of service benefits despite invalidation of caste certificate. 2) Scheduled Tribes – Verification and Scrutiny – Caste certificate can be cancelled if pre-constitutional records and family documents indicate non-tribal status; mere similarity in community names is insufficient for classification as Scheduled Tribe.
1) Criminal Law – Sections 306 & 107 IPC – Offence of abetment to suicide requires specific intention and direct involvement by accused to instigate or aid the suicide. 2) Criminal Appeal – Appeal against acquittal – The appellate court must defer to the trial court’s superior position in assessing witness credibility and should not reverse acquittal absent perverse or untenable findings.
1) Insolvency and Bankruptcy Code – CIRP Costs – Time extension charges payable by a defaulting developer under a lease agreement do not qualify as CIRP costs unless incurred by the Resolution Professional for continuation of the project. 2) Local Authority – Lease Terms and Penalty – Penalty charges for delayed development under a lease deed are intended to incentivize timely completion and may be waived in insolvency proceedings where the default is attributable to the corporate debtor, not to the home buyers or resolution applicant.
1) Evidence – Section 106 Indian Evidence Act – The burden of proving explanations for facts which are particularly within a party’s knowledge can only discharge if that party furnishes satisfactory evidence regarding ownership, possession or control of property said to be connected to the crime. 2) Evidence – Section 65B Indian Evidence Act – Electronic records must be properly proved by production of a certificate from the person in charge of the relevant electronic system to be admissible in evidence.
1) Constitution of India – Article 243ZL – The third proviso to Article 243ZL(1) incorporates the provisions of the Banking Regulation Act, 1949 into the constitutional regime of co-operative societies carrying on the business of banking, including multi-State co-operative banks, thus subjecting them to the BR Act and excluding them from the six-month supersession limit applicable to other co-operative societies. 2) Banking Regulation Act, 1949 – Section 36AAA – The RBI is empowered to supersede the Board of Directors of a multi-State co-operative bank for a period up to five years in aggregate, with power to extend such supersession orders beyond the tenure of the originally elected Board to protect depositors’ interests and ensure proper management.
1) Electricity Act, 2003 – The Act provides a comprehensive and exclusive code dealing with regulation and adjudication of electricity sector disputes, prescribing exclusive mechanisms for dispute resolution through Central and State Commissions. 2) Constitutional Law – Article 136 – Interim judicial interventions must not usurp statutory regulatory processes especially in sectors regulated by exhaustive statutory schemes like the Electricity Act.
1) Administrative Law – Statutory Regulation – Under Section 12(k) of the NCTE Act, 1993, the Council is empowered to evolve suitable performance appraisal systems to enforce accountability on recognised institutions. 2) Delegated Legislation – Executive Powers – The Executive Committee constituted under Section 19 of the NCTE Act acts as the executive arm of the Council and is authorised to discharge functions assigned by the Council, including implementation of decisions relating to performance appraisal.
1) Refund of disputed amount by the revenue authority renders the writ petition seeking recovery and quashing of assessment proceedings infructuous, but liberty to approach the court on other issues may be granted.
1) A Lok Adalat award, though binding, can be set aside by the courts if valid grounds are established, especially where procedural or substantive fairness is questioned.
1) Passport Act, Office Memorandum dated 10.10.2019 – The office memorandum provides procedural guidance for processing passport applications even in cases involving pending criminal proceedings, subject to certain conditions. 2) Constitutional Law – Right to Travel Abroad – The right to travel abroad is subject to legal restrictions, but authorities must consider applications for passports fairly and expeditiously, guided by statutory provisions and binding Supreme Court precedents.
1) Right to Information Act, 2005 – Section 8(1)(g) – Exemption from disclosure applies to information which may affect the privacy or security of individuals, including sensitive CCTV footage. 2) Constitutional Law – Article 21 – Right to Life and Personal Liberty encompasses the right to complain against custodial violations and the right to preservation and access to relevant CCTV footage by competent authorities for redressal.
1) Criminal Procedure – Identification Evidence – Court identification without preceding test identification parade is weak and generally unsafe to base conviction solely upon. 2) Criminal Procedure – Investigation and Evidence – Delay in recording statements and tampering with evidence vitiate the prosecution case and render the evidence unreliable.
1) Customs Act, 1962 – Section 123 – Burden of proof shifts to person in whose possession goods are seized or owner, to prove goods are not smuggled, upon seizure under reasonable belief of smuggling by Customs authorities. 2) Customs Act, 1962 – Section 111 & 123 – Reasonable belief of smuggling must be supported by cogent material such as clandestine method of carriage, foreign markings, inconsistent statements, and inability to explain lawful origin, which can justify confiscation.
1) Service Law – Regularization under Uttar Pradesh Regularization of Ad Hoc Appointments Rules, 1979 (Third Amendment, 2001) – Eligibility does not confer right to automatic regularization from date of appointment but requires vacancy and seniority consideration. 2) Service Law – Seniority and appointment date – Seniority and service benefits accrue only from the date of regularization order and not from initial ad hoc appointment date.
1) U.P. Imposition of Ceiling on Land Holdings Act, 1960 – Sec 5(8) – Transfers of land made during the continuance of proceedings for determination of surplus land are void ab initio and no adjudicatory authority can validate such transfers. 2) Administrative Law – Natural Justice – Mandatory service of notice to recorded tenure holders before declaration of surplus land is jurisdictional and failure to comply renders the proceedings void.
1) Civil Procedure Code – Order VII Rule 11(a) – The court, while considering rejection of plaint for non-disclosure of cause of action, must undertake a meaningful reading of the plaint and assume the material averments therein as correct without embarking upon trial or weighing rival pleadings. 2) Civil Procedure Code – Order VII Rule 11(a) – Pleas and objections raised in the written statement are irrelevant for deciding whether the plaint discloses a cause of action; inquiry is confined to facts alleged in the plaint alone.
1) Indian Penal Code, Section 335 – Voluntarily Causing Grievous Hurt on Provocation – The offence requires proof of grave and sudden provocation by the victim and absence of intention to cause grievous hurt to others. 2) Evidence – Eye witness testimony and medical evidence – Eye witness testimony that remains unshaken and medical evidence linking injury to assault are critical in establishing guilt under Section 335 IPC.
1) Motor Accident Claims – Compensation – Permanent Disability – Disability percentage must be established by competent medical authority – Civil Surgeon’s certificate indicating disability below threshold negates entitlement to enhanced compensation for permanent disability. 2) Motor Accident Claims – Medical Expenses – In absence of fabrication allegations, voluminous original medical bills and vouchers, even if not fully corroborated by certificates, are admissible and ought to be considered for compensation by Claims Tribunal under summary proceedings.
1) Partnership – Authority of Partner – Indian Partnership Act, 1932, Section 19(2)(g) and Partnership Deed – Implied or express authority of a partner does not extend to transferring immovable property without written consent of other partners, and the existence of such authority is a serious question requiring prima facie determination. 2) Arbitration and Conciliation Act, 1996 – Section 9 – Interim Protection – Court’s jurisdiction under Section 9 to pass interim measures extends to persons who are not parties to the arbitration agreement if necessary to preserve the subject matter of arbitration and prevent ineffectiveness of the arbitral proceedings.
1) Prevention of Money Laundering Act, 2002 – Section 8(2) – Mandates the Adjudicating Authority to record a prima facie finding that the properties frozen or attached are involved in money laundering before continuing such coercive measures. 2) Administrative Law – Appellate Jurisdiction – An appellate authority cannot supply a mandatory statutory finding omitted by the original authority; it can only affirm, modify, or reverse the decision based on recorded reasons.
1) Bail is a rule and jail is an exception, especially where the accused has no criminal antecedents and the trial is likely to be prolonged.
1) Bail may be granted when the charge sheet is filed, the accused is in custody for a substantial time, and considering the nature of evidence and antecedents, subject to conditions ensuring trial integrity.
1) A Public Interest Litigation must demonstrate bona fide public interest, credible foundation of facts, and sufficient locus standi of the petitioner; frivolous or oblique-motive PILs lacking genuine public harm are liable to be dismissed.
1) Mere categorization of land as Government or forest land requires verification of possession, ownership, and statutory compliance before declaring encroachment or illegal activity.
1) Preventive Detention – Proper Application of Mind – Detaining authority must apply its mind to relevant facts and not act mechanically or rely solely on criminal proceedings when issuing detention orders. 2) Preventive Detention – Grounds of Detention – Grounds must be specific, precise, and relevant to the security of the State to enable effective representation by the detenue.
1) Preventive Detention – Jammu and Kashmir Public Safety Act, 1978 – Detention order validity requires fresh, proximate and relevant material establishing a live link between past conduct and the necessity for preventive detention. 2) Constitutional Law – Article 22(5) – Requirement of furnishing grounds of detention and material relied upon in a language understood by the detenue to enable effective representation against detention.
1) Criminal Procedure Code – Sections 326, 408, 409 – Upon lawful transfer of a case from one Judge to another, the succeeding Judge may proceed with the trial on evidence recorded by predecessor without retrial. 2) Criminal Procedure Code – Administrative powers of Sessions Judge under Sections 408, 409 – Sessions Judge has discretionary power to transfer pending cases within jurisdiction for ends of justice including part-heard trials, and such transfer is not barred merely because trial has commenced.
1) Civil Procedure – Right to be Heard – The principles enshrined in Noor Mohammed Vs. Jethanand (2013) provide that parties must be given a reasonable opportunity to present their arguments before a judgment is pronounced, ensuring the right to fair hearing under civil procedure. 2) Judicial Discretion – Trial courts have judicial discretion to set timelines for filing written arguments but must consider filed submissions before passing judgment; failure to file by the deadline generally results in waiver of the right to be heard.
1) Maintenance and Welfare of Parents and Senior Citizens Act, 2007 — Section 23 — Jurisdiction of Maintenance Tribunal to declare a transfer void arises only if the transfer was expressly conditional upon the transferee providing basic amenities and physical needs to the transferor, and such condition is breached. 2) Succession Law — Legal Heir Rights — Upon the death of the donee, the donor, being a Class-I heir, is entitled to succeed to the gifted property notwithstanding the gift deed’s cancellation attempts by the Tribunal.
1) Civil Procedure Code – Order XXXIX Rules 1 and 2 – Trial Court’s duty to adjudicate applications for ad interim ex parte temporary injunction promptly and on merits based on material presented. 2) Civil Procedure Code – Order XLIII Rule 1(R) – Availability of appeal remedy against interlocutory orders passed by trial court, limiting maintainability of writ petition.
1) Negotiable Instruments Act, 1881 – Section 138 – Compounding of Offence – The offence under Section 138 can be compounded by the complainant and on such settlement, the court may set aside the conviction and sentence. 2) Criminal Procedure Code, 1973 – Sections 397 and 401 – Revision Jurisdiction – The High Court has the power to entertain a revision petition challenging the concurrent findings of lower courts and can dispose it on settlement between parties.
1) National Highways Act, 1956 – Section 3G(5) and Arbitration & Conciliation Act, 1996 – An arbitral award under Section 3G is final and binding unless challenged in accordance with law; administrative authorities cannot modify or reconsider compensation once the award attains finality. 2) Civil Procedure – Review Petition – The scope of review jurisdiction is limited and cannot be converted into appellate jurisdiction to introduce new contentions or re-open concluded adjudications not forming part of original proceedings.
1) A litigant owes a duty to be vigilant of his own rights and court proceedings; inordinate delay caused solely due to lawyer's negligence is not a sufficient ground for condonation of delay.
1) Delay in filing an appeal must be explained with cogent and satisfactory reasons for the entire period, including both prescribed limitation and excess delay, to justify condonation.
1) Police Protection – Persons who have entered into marriage voluntarily and are of legal age are entitled to protection from harassment and threats by family or others. 2) Constitutional Law – Right to Life and Personal Liberty under Article 21 includes protection of married adult individuals from threats and harassment.
1) Criminal Procedure - Registration of FIR - Police Officers are duty-bound to examine complaints and register FIRs if the information discloses a cognizable offence, or otherwise undertake preliminary inquiry and take appropriate action within stipulated time frames. 2) Criminal Procedure - Remedies and Supervision - The complainant has statutory remedies under Section 173(4) and Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 to approach superior authorities and Magistrate respectively in case of dissatisfaction with police action.
1) Constitutional Law – Fundamental Rights – Adult individuals voluntarily married have the right to live with dignity and are entitled to protection from harassment and threats by family members. 2) Police Protection – Direction for Protection – Police authorities have a duty to record statements, assess threats to life, and take prompt protective action as per Apex Court guidelines in Shakti Vahini v. Union of India.
1) Constitutional Law – Article 226 – Writ jurisdiction – The power under Article 226 is discretionary and limited when an alternative efficacious remedy exists, especially in matters involving encroachment on government land. 2) Revenue Law – Madhya Pradesh Land Revenue Code – Section 44 – The Revenue Authority’s order imposing penalty and recovery in encroachment cases is appealable, thus barring interference through writ petitions pending such statutory remedy.
1) Juvenile Justice Act, 2000 – Section 7A – Mandatory inquiry on juvenility claim can be raised at any stage, including after final disposal; however, inherent jurisdiction under Section 482 CrPC cannot be used to reopen final judgments affirmed by the Supreme Court. 2) Indian Penal Code – Section 201 Part II – Conviction requires proof of the commission of an offence and intent to screen the offender; acquittal of main charges of murder/dowry death negates the foundational basis for conviction under Section 201.
1) Hindu Marriage Act, 1955 – Sec 13(1)(ib) – Desertion – Requires proof of factum of separation and animus deserendi (intention to permanently forsake matrimonial obligations). 2) Hindu Marriage Act, 1955 – Sec 13(1)(ia) – Cruelty – Requires clear and convincing evidence; mere allegations without satisfactory proof are insufficient to establish cruelty.
1) Securities Contract Regulation – Securities Contracts (Regulation) Act, 1956 – Sections 9(3)(b) and 11B – Byelaws of stock exchanges limit penalties to fines, suspension, or expulsion excluding penalties involving payment of money; disgorgement powers are specifically conferred on SEBI under SEBI Act, 1992, and cannot be exercised by a stock exchange or its committee. 2) Clearing and Settlement – NSE Clearing Limited Regulations and Circulars – PCMs act on instructions of TMs and have no direct privity of contract with individual clients of TMs; no statutory or regulatory obligation is cast on PCMs to verify individual client positions prior to liquidation of collaterals; visibility of individual client debit/credit positions to PCMs was not mandated prior to the introduction of daily reporting mechanisms by SEBI in 2021.
1) SARFAESI Act — Section 2(1)(c), 2(1)(m), 2(1)(f), 2(1)(zd) — Acquisition of loans by a bank from a non-financial institution — A bank acquiring a loan from an entity not covered under the SARFAESI Act can invoke the Act for recovery once the debt is “alive and owing” and held by the bank. 2) SARFAESI Act — Definitions — The legislative intent of the Act applies to all existing loans regardless of the lender’s status at the time of loan origination; assignment to a bank brings the debt within the purview of the Act.
1) Karnataka Land Revenue Act, 1964 – Section 56(3) proviso prescribes a three-year limitation for exercising revisionary power where no appeal has been preferred, ensuring finality and preventing stale claims. 2) Revenue Law – Revisional jurisdiction must be exercised within prescribed limitation periods; invocation beyond that period without jurisdiction renders the exercise void.
1) Evidence – Circumstantial Evidence and Last Seen Theory – Conviction cannot rest solely on the theory of last seen together unless corroborated by cogent evidence establishing the presence of accused with the victim at the time of occurrence. 2) Evidence – Extra-Judicial Confession and Disclosure Statements – Extra-judicial confession being weak evidence requires corroboration and disclosures must lead to discovery of new facts to be admissible under Section 27 of the Indian Evidence Act.
1) Prohibition Act – Section 98(2) – Prohibits release of conveyances carrying liquor above prescribed quantity till final judgment but is not an absolute embargo and must be harmonized with CrPC provisions. 2) Criminal Procedure – Sections 451, 457, 458, 459 CrPC – Courts have discretion to grant interim custody of seized property considering owner’s interest, public interest, evidence preservation, and safeguarding the trial’s integrity.
1) Judicial Conduct – Use of AI-generated precedents – Courts must adopt zero tolerance towards citing or relying on unverified AI-generated case laws as it constitutes a breach of judicial integrity. 2) Adjudication – Reliance on fake or hallucinated AI-generated material in orders vitiates the sanctity of adjudication and mandates setting aside the impugned decision and remanding for fresh adjudication.
1) Constitutional Law – Entry 21 List II & Entry 57 List I, Seventh Schedule – State Legislature has exclusive legislative competence over fishing in territorial waters, while Parliament has legislative competence over fishing in EEZ; both powers are co-equal and autonomous. 2) Fisheries Regulation – Sustainable Harnessing of Fisheries in the Exclusive Economic Zone Rules, 2025 – Provides framework for issuance of Access Passes and regulation of purse seine fishing in EEZ, facilitating regulation without outright ban subject to conditions.
1) The High Court’s inherent power under Section 528 of BNSS (pari materia to Section 482 Cr.P.C.) cannot be exercised to quash criminal proceedings involving offences under the POCSO Act and IPC relating to sexual assault on a minor, even if a compromise is arrived at between the parties after the survivor attains majority.
1) A judge hearing an appeal under Section 34 of the Arbitration Act is not required to recuse merely because he previously decided an interim application under Section 9(ii) in the same arbitration matter, absent a real and reasonable apprehension of bias.
1) Mere illness of the appellant does not constitute sufficient cause for condonation of delay when legal remedy is available and the delay arises from negligence.
1) A registered sale deed carries a strong presumption of validity and genuineness and is not required by law to be attested; the burden to disprove execution lies heavily on the challenger.
1) Service – Contractual Employment – Continuance Beyond Scheme Tenure – A contractual appointment made under a finite government scheme does not confer a vested legal right to continue service beyond the scheme period. 2) Writ Jurisdiction – Mandamus – Issuance – Mandamus lies only when there exists a subsisting legal right and a corresponding legal duty to perform, not to enforce continuance of contractual employment terminated upon conclusion or abandonment of the scheme.
1) Narcotic Drugs and Psychotropic Substances Act, 1985 – Codeine-based cough syrup containing permitted quantity of codeine per Notification dated 14.11.1985 – Exemption from “manufactured drug” classification when used for therapeutic purposes. 2) NDPS Act, Sections 8(c) and 21 – Prohibition of dealing narcotic drugs for purposes other than medical/scientific use and punishment for violation – Valid license under Drugs and Cosmetics Act does not exonerate if diverted for illicit use.
1) Civil Procedure Code – Order XXXIX Rule 1 and 2 – Interim Injunction – A court must grant temporary injunction based on satisfaction of three essential ingredients: prima facie case, balance of convenience, and irreparable injury – Interim injunction can be granted even where relief is similar to final relief, subject to higher standard of proof and exceptional circumstances. 2) Civil Procedure Code – Appellate Jurisdiction – Appellate courts will not ordinarily substitute their discretion for that of the trial court in interlocutory injunctions except where discretion is exercised arbitrarily, perversely, or ignoring settled principles – Observations made at admission stage are tentative and do not operate as res judicata at final hearing.
1) Criminal Procedure Code – Section 190(1)(b) – Magistrate’s power to take cognizance on police report and issue process without being bound by police conclusions. 2) Criminal Procedure Code – Sections 200 and 202 – At the stage of taking cognizance under Section 190(1)(b), Magistrate is not required to follow detailed procedures of Sections 200 and 202 nor to evaluate merits of evidence.
1) Industrial Disputes Act, 1947 – Sec 2(s) and Sec 25-F – Definition of “Workman” and conditions for lawful retrenchment including completion of 240 days of service – Essential requirements for termination proceedings under labour law. 2) Labour Law – Reinstatement and backwages – Award of backwages requires proof of absence of alternative gainful employment and consideration of delay in raising claim – Reinstatement may be denied on grounds of advanced age and elapsed period post-termination.
1) Insolvency and Bankruptcy Code, 2016 – Section 14 – Moratorium imposes statutory freeze prohibiting continuation or institution of any proceeding against corporate debtor including assessment and recovery proceedings during insolvency resolution. 2) Insolvency and Bankruptcy Code, 2016 – Section 31(6) – Approval of resolution plan extinguishes all claims against the corporate debtor and its assets prior to approval date and prohibits continuation or initiation of proceedings on such claims, including assessment claims.
1) Maharashtra Regional and Town Planning Act, 1966 – Section 151 – Delegation of Powers – Empowers Special Planning Authority to delegate powers to District Collector under conditions specified, who in turn may delegate to subordinate officers like Tahsildar, validating subsequent actions based on such delegated authority. 2) Constitutional Law – Article 227 – Supervisory Jurisdiction – Exercise of writ jurisdiction under Article 227 is discretionary and corrective, to be invoked only when justice lies on the side of the petitioner, and not to correct every error or legal infirmity in administrative orders.
1) Payment of Gratuity Act, 1972 – Section 7(7) mandates filing of appeal against Controlling Authority’s order within prescribed limitation of 60 days, with a maximum condonation period of 60 additional days, beyond which remedy is foreclosed. 2) Payment of Gratuity Act, 1972 – Section 4(6) requires issuance of specific Form-M notice prior to forfeiture of gratuity on grounds of misconduct or loss caused; mere allegation or adjustment of salary does not amount to valid forfeiture without due procedure.
1) Agricultural Produce – Maharashtra Agricultural Produce Marketing (Regulation) Act, 1963 – Section 2(1)(a) defines agricultural produce as items specified in the Schedule attached to the Act; levy of market fee under Section 31 requires the commodity to be clearly within this Schedule or covered classification. 2) Spices – Spices Board Act, 1986, Section 2(n) and accompanying Schedule explicitly include Asafoetida as a spice; definitions under Customs Tariff Act and Food Safety Regulations recognize Asafoetida and compounded Asafoetida as spices or spice products, confirming statutory recognition.
1) Customs Tariff Act, 1975 – Absence of statutory authority during the relevant period to levy and collect interest on belated payment of additional customs duties renders such levy unauthorized and without legal basis. 2) CGST Rules – Retrospective introduction of Rule 96(10) deemed omitted ab initio, negating any legal obligation for repayment of additional customs duty and attendant interest.
1) Contract Law – Marketing Agreements – Termination – A contractual clause providing additional discounts upon achieving certain sales thresholds does not imply a sales target whose non-achievement justifies termination before expiry of the contractual term. 2) Civil Procedure Code – Pleadings and Evidence – Foundational pleadings are essential to admit evidence for claims; in absence of such pleadings, evidence led must be disregarded and claims denied.
1) Arbitration and Conciliation Act, 1996 – Section 34 – Grounds for challenge – Scope of interference by courts under Section 34 is restrictive and does not confer appellate jurisdiction allowing re-interpretation of contract unless arbitral award is perverse or vitiated. 2) Contract Interpretation – ‘Agreement to agree’ – Mere existence of an agreement to agree on payment terms without finalisation of quantum does not constitute enforceable obligation to pay specified damages or charges.
1) Criminal Law – Evidence – Reliability of Eyewitnesses – The consistent and corroborated testimony of eyewitnesses residing near the scene of crime carries significant weight in establishing guilt beyond reasonable doubt despite the absence of independent witnesses and delay in lodging FIR. 2) Evidence Act, Section 65B – Electronic Evidence – Absence of certificate under Section 65B of the Evidence Act regarding digital evidence such as CCTV footage renders such evidence inadmissible and weakens the defence alibi relying upon it.
1) Constitutional Law – Scheduled Tribes – Verification and Recognition – Prior valid documents and subsequent certificates issued to related family members are relevant material for determining the tribal status of a petitioner. 2) Administrative Law – Quasi-Judicial Proceedings – Reconsideration of Claims – Fresh evidence not available during initial adjudication may warrant setting aside an order and remanding the matter for independent fresh enquiry.
1) Negotiable Instruments Act, Section 138 – The presumption of a legally enforceable debt arises only after the complainant duly proves the existence of such debt. 2) Negotiable Instruments Act – Material alteration to a cheque without the drawer’s consent invalidates the cheque and negates the presumption of liability.
1) Trade Mark Act, 1999 – Section 29 – Deceptive similarity and infringement – Use of a trade mark or name phonetically and visually similar to a registered trade mark in related business activities amounts to infringement liable to injunctive relief. 2) Copyright Act, 1957 – Artistic Work – Ownership of distinctive artistic labels and logos confers exclusive rights against unauthorized use causing likelihood of confusion and damage to goodwill.
1) Grant of bail considerations when the accused has no criminal antecedent, the victim’s statement suggests consensual relations, and the trial is likely to take considerable time.
1) Bail may be granted when the quantity of contraband is less than commercial quantity, and the accused has no criminal antecedents, considering the progress and duration of trial.
1) Review petition under Order 47 Rule 1 CPC is maintainable only if there is a self-evident error apparent on the face of the record and not for re-arguing the case or correcting erroneous decisions.