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1) Civil Law – Property – Transfer of Property Act, Section 54 – Registered Sale Deed – Effect of unchallenged registered sale deed and possession thereunder as prima facie evidence of title and possession for injunction purposes. 2) Civil Law – Injunction – Principles governing interlocutory injunctions – Appellate Court’s power to interfere with trial court’s discretion only when exercised arbitrarily or perversely and not merely on different appreciation of evidence.
1) Service Law – Banking Regulation Act, 1949, and RBI Master Directions on Fraud Risk Management (2016 & 2024) – External Auditor appointment requires conformity with statutory provisions such as Sections 141(1), 141(2) and 145 of the Companies Act, 2013, mandating qualification as Chartered Accountant for audit and signing of audit reports. 2) Constitutional Law – Principles of Natural Justice (audi alteram partem) – In administrative proceedings involving grave consequences like fraud classification, banks must provide detailed Show Cause Notices based on admissible evidence and allow adequate opportunity for the borrower to present their case.
1) Co-operative Societies Law – Maharashtra Co-operative Societies Act, 1960, Section 28 – Restriction on holding shares by members does not apply to housing societies after enactment of Chapter XIII-B, as per Section 154B(2) excluding Section 28 in its application to housing societies, thereby affecting the conferment of membership. 2) Contract Law – Indian Contract Act, 1872, Section 23 – Contracts opposed to public policy require clear legal prohibition; mere transfer of property (sale deeds) without share allotment is not against public policy under Section 28 restrictions.
1) Criminal Law – Indian Penal Code, Sections 376, 313, 417 – Consent and Misconception of Fact – Consent to sexual intercourse induced by a false promise of marriage is vitiated only if the promise was made with an intention to deceive from the very beginning as per Section 90 IPC; mere breach of promise without mala fide intent does not amount to rape. 2) Criminal Law – Indian Penal Code, Section 313 – Administration of Abortive Substance – Offense under this section requires proof that medication causing miscarriage was administered without the victim's consent; voluntary consumption by a knowledgeable adult negates culpability.
1) Protection of Children From Sexual Offences Act, 2012 – Sections 8, 12, 16, 17 – Define sexual assault, sexual harassment, and abetment with prescribed punishments, emphasizing protection of children from sexual offences and the criminal liability arising from instigation or aiding such offence. 2) Criminal Procedure Code, 1973 – Section 482 – Powers of High Court to quash FIR or criminal proceedings are to be exercised sparingly and only in exceptional cases where no prima facie case is made out or to prevent abuse of the process of law.
1) Criminal Law – Indian Penal Code, Sec 375 & 376 – Sexual Offenses – Consent obtained by a false promise to marry must be a false promise made in bad faith with no intention to marry at the time it was given to vitiate consent and constitute rape. 2) Criminal Procedure – Section 528, Bhartiya Nagarik Suraksha Sanhita, 2023 – Power of High Court to quash FIR or charge-sheet when allegations do not make out a prima facie case or amount to abuse of process.
1) Criminal Law – Indian Penal Code, Sections 376(2)(n) and 417 – Consent and Cheating – Consent vitiated by false promise of marriage requires a proven bona fide intent to deceive from the beginning; mere breach of promise does not constitute rape or cheating. 2) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 – Sections 3(1)(w)(i) and 3(2)(v) – Caste-based offences require prima facie evidence that the accused was aware of and acted with caste-based animus – absent which the provisions do not apply.
1) Criminal Procedure – Section 482 – Inherent powers of the High Court to quash FIRs and criminal proceedings when allegations do not disclose a prima facie offense or where prosecution is malicious or abused the process of the court. 2) Criminal Law – Indian Penal Code, Sections 406 (criminal breach of trust), 465 (forgery), 468 (forgery for purpose of cheating), 471 (using forged document as genuine), and 506 (criminal intimidation) – Delay in lodging complaint and absence of supporting evidence can be grounds for quashing criminal proceedings.
1) Service Law – Public Land Allotment – Pre-emptory Right Doctrine – The right of pre-emption is limited to the offer of sale and does not confer absolute entitlement to the property; it can be defeated by a superior or equal right or omission in claim. 2) Administrative Law – Judicial Review of Land Allotments – The scope of judicial review in allotment of public plots by statutory authorities like MIDC is limited to arbitrariness, mala fides, or unreasonableness; mere delay or change in application factors militates against challenge.
1) Land Acquisition Act, 1894 – Section 28A – Application for enhancement of compensation – The provision is beneficial legislation meant to grant relief to landowners whose lands were acquired, allowing them to seek enhanced compensation once any party has obtained such an order from the reference court. 2) Limitation – Procedural Requirement – While filing application for enhancement under Section 28A, strict requirement of submitting certified copy is not to be applied hyper-technically to defeat the object of legislation; the main consideration is whether the application was filed within limitation period.
1) Service Law – Welfare Benefits – Government Resolution dated 29th May 2020 and 14th May 2021 providing insurance cover/ex gratia assistance to State Government employees and their dependents who die due to Covid-19 infection contracted during duty. 2) Constitutional Law – Article 226 – Scope of writ mandamus to enforce benevolent schemes and protect rights of contractual employees against denial based on procedural cutoff dates.
1) Arbitration Law – Arbitration and Conciliation Act, 1996, Section 34 – Grounds for setting aside arbitral award – Delay in pronouncement of award is not a ground per se for setting aside; only when delay is undue, unexplained, and adversely affects the award does it amount to conflict with public policy of India warranting setting aside award. 2) Arbitration Law – Arbitration and Conciliation Act, 1996 – Adequacy of reasons in arbitral award – An arbitral award may be challenged under Section 34 only if reasons are totally lacking, unintelligible, or perverse; insufficiency or brevity of reasons without perversity or illegality is not sufficient to set aside award.
1) Criminal Law – Prevention of Corruption Act, 1988 – Sections 7, 13(1)(d) and 13(2) – These sections criminalize the demand and acceptance of illegal gratification by a public servant as a motive or reward for performance or non-performance of official acts; proof of demand and voluntary acceptance are essential. 2) Criminal Law – Evidence – Section 114 of the Evidence Act, 1872 – Illustration (a) – Presumption arising from possession of tainted currency notes in trap cases, when supported by corroborative evidence such as phenolphthalein tests and contemporaneous panchnamas, allows inference of voluntary acceptance of bribe.
1) Criminal Law – Negotiable Instruments Act, Section 138 – Right of Appeal – The proviso to Section 413 of BNSS (previously Section 372 of Cr.P.C.) grants a victim the statutory right to appeal against an acquittal order without requiring special leave from the High Court, clarifying procedural rights of complainants and victims in NI Act cases. 2) Criminal Procedure – Appeal – Proviso to Section 413 BNSS (Section 372 Cr.P.C.) – The amendment introducing this proviso expanded the scope for victims to appeal against acquittals or inadequate compensation orders by providing a direct appellate remedy, emphasizing that procedural rules should facilitate access to justice rather than obstruct it.
1) Criminal Law – Negotiable Instruments Act, Section 138 – The offence is penal in nature, and the victim of such offence has the statutory right to prefer an appeal against acquittal under the proviso to Section 413 of BNSS (previously Section 372 of Cr.P.C). 2) Criminal Procedure Code – Section 372 (Proviso) and Section 378(4) – A victim need not seek special leave to appeal from the High Court when appealing under the proviso to Section 372 (now Section 413 BNSS), and a complainant as victim has the right to file such appeal.
1) Criminal Law – Negotiable Instruments Act, Section 138 and Criminal Procedure Code – Proviso to Section 372 (now Section 413 of BNSS) – A victim of an offence, including a complainant, has the statutory right to appeal against an acquittal order without requiring special leave to appeal. 2) Criminal Law – Appeal – Proviso to Section 413 of BNSS (old Section 372 CrPC) – Procedural provisions enabling victims to prefer appeal against acquittals to ensure effective judicial remedy and the protection of their statutory rights.
1) Criminal Law – Indian Penal Code, Section 376(2)(j)(l) – The provision criminalizes aggravated rape upon a woman who is unable to consent due to mental or physical disability, emphasizing protection of vulnerable persons and stipulating stringent punishment. 2) Evidence Law – DNA Evidence – DNA profiling, when properly collected, preserved, and analyzed without break in chain of custody, is scientifically accurate, reliable, and constitutes conclusive proof of biological relation or sexual intercourse in criminal cases.
1) Arbitration Law – Arbitration and Conciliation Act, 1996 – Section 12(5) and Seventh Schedule – Ineligibility of Arbitrator – A person shall be considered ineligible to act as an arbitrator if he has any past or present business relationship with a party or if he falls within categories listed in the Seventh Schedule, with such ineligibility leading to termination of mandate under Section 14. 2) Arbitration Law – Arbitration and Conciliation Act, 1996 – Section 14 and Section 34 – Challenges to Arbitrator’s Bias or Procedural Irregularities – Grounds of justifiable doubts regarding independence or impartiality must be decided by the Arbitral Tribunal under Section 13, and such challenges cannot be entertained by the Court under Section 14 before the arbitral award is rendered, with recourse lying only under Section 34 after the award.
1) Criminal Law – Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 – Section 3(2)(V) and Bar on Bail – The bar on grant of anticipatory bail under the SC/ST Act does not apply if the complainant fails to establish a prima facie case for applicability of the Act, as held in Prathvi Raj Chauhan v. Union of India. 2) Criminal Law – Criminal Procedure Code, 1973 – Section 438 – Anticipatory Bail – Even where statutory bars exist against anticipatory bail, courts may grant bail where no prima facie case is made out, preserving the balance between liberty and investigation.
1) Criminal Law – Indian Penal Code, 1860 and Protection of Children from Sexual Offences Act, 2012 – Sections 363, 366, 376(2)(N), 376(3) IPC and Sections 4(2), 5(L), 5(J)(2), 6 POCSO Act – Relevance of prosecutrix’s consent and age for bail consideration in sexual offence cases. 2) Criminal Procedure Code, 1973 – Section 439 and Bharatiya Nagarik Suraksha Sanhita, 2023 – Bail provisions – Grant of bail taking into account age, consent, and pendency of trial.
1) Criminal Law – Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 – Bail – Bail may be granted when the offence involves predominantly civil dispute aspects and where compromise or bonafide mistakes are apparent. 2) Criminal Law – Bharatiya Nyaya Sanhita, 2023, Sections 318, 336, 338 – Forgery and related offences – The intention and context behind the alleged forgery are relevant considerations in granting bail.
1) Criminal Law – BNSS Code – Section 483 and Section 338(2) – Bail – Bail can be granted considering the delay in lodging FIR, nature of evidence, and conduct of the parties, without adjudicating on the merits of the case. 2) Criminal Law – BNSS Code – Sections 64(2)(m), 77, 308(4), 115(2), 351(3) – Offences relating to sexual assault, threat, assault and extortion – Bail is not to be denied merely on the gravity of accusations, but the court should consider factual matrix and progress of investigation.
1) Service Law – Pay Scale – Employees classified under any post are entitled to minimum pay scale without increment as per Supreme Court ruling in Ramnaresh Rawat Vs. Ashwani Ray (2017) 3 SCC 436. 2) Service Law – Grievance Redressal – Authorities responsible must verify classification orders and implement pay scale benefits in accordance with binding Supreme Court decisions.
1) Criminal Law – NDPS Act, 1985, Section 42 and Cr.P.C. Section 57 – The time to produce an arrested person before a Magistrate within 24 hours runs from the moment of actual arrest or effective detention, not merely from the formal recording of arrest. 2) Constitutional Law – Article 22(2), Constitution of India – Protection against illegal detention mandates that any person arrested or detained must be produced before the Magistrate within 24 hours excluding travel time, failing which detention is illegal and unconstitutional.
1) Real Estate Law – Real Estate (Regulation and Development) Act, 2016 – Section 3(1) and Proviso – Projects with valid completion certificates issued prior to the Act’s commencement date are not ‘ongoing projects’ and thus not registrable under the Act. This point was pivotal as it determined applicability of the Act to the project in question. 2) Real Estate Law – Odisha Development Authority Act, 1982 and Regulations 2008 – Regulation 15 and Regulation 67 – Completion certificate requires submission of notice in Form-VI with NOC from Fire Prevention Officer but does not require a fire safety certificate; occupancy certificate and fire safety certificate are different, the latter being required for occupation but not for project completion. This distinction was essential for affirming the validity of the completion certificate despite absence of fire safety certificate at that stage.
1) Service Law – Promotion – Uttarakhand Government Servant (Criteria for Recruitment by Promotion) Rules, 2004 – Rule 4 specifies seniority as the criterion for promotion but subject to “rejection of the unfit” employees, allowing fitness tests or examinations as part of promotion process. 2) Service Law – Promotion – Departmental Service Rules 2004 (as amended 2008) prevail over general promotion rules and mandate that promotion from Group ‘D’ to Group ‘C’ be based on an examination including written test, confidential report, typing test, and computer knowledge.
1) Criminal Law – Bail – Section 302 IPC and related offences – Prolonged pre-trial detention without speedy trial entails entitlement to bail despite the gravity of offences. 2) Constitutional Law – Article 21 – Right to life and personal liberty – Deprivation of liberty without timely trial violates fundamental rights, justifying bail to mitigate undue incarceration.
1) Criminal Procedure - Section 319 - The power under Section 319 can only be exercised if there is substantive evidence indicating the complicity of the prospective accused, which is often determined after the cross-examination of witnesses. 2) Criminal Law - Jurisdictional Error - The Sessions Court must consider its earlier rejection of the application under Section 319 along with any new evidence before summoning additional accused, adhering to the strict standards set by precedent.
1) Service Law – Disciplinary Proceedings – Regulation 64 of the Uttar Pradesh State Road Transport Corporation Employees (Other Than Officers) Service Regulations, 1981 outlines the procedure for awarding major penalties, ensuring that employees receive a fair chance to respond to charges. 2) Service Law – Natural Justice – The principles of natural justice must be upheld in disciplinary proceedings; however, the absence of certain independent witness statements does not automatically render the proceedings void if the accused had opportunities to defend themselves.
1) Criminal Law – U.P. Dacoity Affected Areas Act, 1983 – Procedure for Special Courts – The Special Court must follow the procedure provided under the Code of Criminal Procedure for the trial of scheduled offences to ensure due process. 2) Criminal Procedure – Cognizance – Section 193 of the Code of Criminal Procedure, 1973 prohibits a Court of Session from taking cognizance of an offence without a magistrate's commitment, highlighting the jurisdictional limitations of Special Courts.
1) Administrative Law - Lease Agreements - The requirement for a separate possession certificate, as stipulated by the Noida Development Authority, is mandatory for legal obligations regarding lease rent. 2) Administrative Law - Change-in-Constitution Charges - CIC charges for a company’s change in shareholding are illegal when no actual change in entity or constitution occurs, as per prior judicial pronouncements.
1) Societies Registration Act, 1860 – Section 25(1) – Jurisdiction of Deputy Registrar – The Deputy Registrar is not vested with jurisdiction to determine the validity of elections but is required to refer such disputes to the Prescribed Authority designated under the Act. 2) Election Law – Dispute Resolution – The prescribed authority under the Societies Registration Act must decide election disputes after providing an opportunity of hearing, ensuring the protection of parties’ rights and preventing interim prejudice to society’s affairs.
1) Criminal Law – Drugs and Cosmetics Act, 1940 – Section 32(2) and Section 36A – Jurisdiction – Section 32(2) excludes courts inferior to Sessions Court from trying offences punishable under the Chapter, but the saving clause “save as otherwise provided in this Act” along with Section 36A preserves the Magistrate’s jurisdiction to try offences punishable with imprisonment not exceeding three years summarily. 2) Criminal Law – Drugs and Cosmetics Act, 1940 – Amendment Act 26 of 2008 – Retrospective Application – The amendment does not apply retrospectively to change the forum when the complaint was filed prior to amendment, especially when the amended provisions expressly preserve Magistrate’s jurisdiction for certain offences.
1) Service Law – Education – Grant of Approval and Shalarth Identity – Approval of appointment by the Education Officer is a prerequisite condition that mandates the Deputy Director of Education to grant Shalarth Identity and include the employee’s name in the Shalarth System. 2) Administrative Law – Review of Approval – The Deputy Director of Education cannot refuse or withhold Shalarth Identity by questioning the Education Officer’s approval; such approval may only be reviewed through due legal process where fraud or misrepresentation is alleged.
1) Service Law – Education Administration – Grant of Shalarth Identity is mandated by the Deputy Director of Education once approval of appointment is accorded by the Education Officer as per relevant Government Resolutions (GR dated 07-11-2012 and 20-03-2019). 2) Administrative Law – Duty to Act – The Deputy Director of Education cannot refuse or delay grant of Shalarth Identity on grounds questioning the approval already granted by the Education Officer, except through lawful review procedures involving fraud or misrepresentation.
1) Service Law – Maharashtra Industrial Relations Act, 1946 – Sections 27A, 30 and 32 – Recognised Representative Union has exclusive right to prosecute collective industrial disputes; unrecognised unions lack locus to appear in such proceedings. 2) Labour Law – Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 – Sections 20(2)(b), 21 and Schedule IV (Items 1, 2 & 6) – Exception permitting individual or non-recognised union representation only applies to personal grievances concerning dismissal or termination, not collective disputes.
1) Civil Procedure – Order VII Rule 11 CPC – Scope of rejection of plaint – A plaint can be rejected only if it discloses no cause of action or shows an absolute statutory bar to the suit on its face without requiring examination of facts or evidence. 2) Maharashtra Co operative Societies Act, 1960 – Section 154B(1)(17) and Section 91 – Definition of housing society post-2019 amendment includes redevelopment as an enabling provision, but whether redevelopment forms part of a society’s object depends on its bye laws; disputes relating to general meetings and resolutions fall within Co operative Court jurisdiction under Section 91(3).
1) Constitutional/Statutory Law – Maharashtra Rehabilitation Act, 1999, Section 12 – Authority’s jurisdiction is limited to granting permission for land transfer and does not include appellate or revisional powers once permission is granted and executed. 2) Revenue Law – Maharashtra Land Revenue Code, 1966, Sections 247 and 257 – Orders passed under a special statute such as the Rehabilitation Act do not automatically attract appeal or revision under the Land Revenue Code unless expressly incorporated.
1) Maharashtra Co-operative Societies Act, 1960 – Section 92 – Limitation – Section 92 prescribes limitation periods specifically for disputes referred to the Co-operative Court and does not extend to summary recovery proceedings before the Registrar under Section 154B-29. 2) Maharashtra Co-operative Societies Act, 1960 – Section 154B-29 – Recovery Proceedings – Section 154B-29 creates a self-contained, summary mechanism for recovery of dues by the Registrar distinct and independent from disputes adjudicated by the Co-operative Court, overriding provisions of Sections 91, 93, and 98.
1) Arbitration Act, 1996 – Section 34 – Grounds for setting aside arbitral award include violation of fundamental policy of Indian law and patent illegality, but courts have limited power to modify awards including rate of interest as per Section 34(4) and judicial precedents (Gayatri Balasamy vs. ISG Novasoft Technologies Limited). 2) Civil Procedure Code, 1908 – Order 2 Rule 2 and res judicata doctrine – Plea of res judicata requires proper pleading, issue framing and adjudication in previous proceedings, supported by pleadings and evidence; failure to raise it or produce pleadings may bar its application (V. Rajeshwari v. T.C. Saravanabava; Prem Kishore v. Brahm Prakash).
1) Service Law – Maharashtra Rehabilitation Act, 1999, Section 12 – Grant of Permission – The authority granting permission under Section 12 acts strictly within the provisions of the Act and does not have inherent appellate jurisdiction unless explicitly provided. 2) Administrative Law – Maharashtra Land Revenue Code, 1966, Sections 247 and 257 – Special Statutes and Applicability of Land Revenue Code – Orders passed under a special statute (here the Rehabilitation Act) cannot be treated as decisions or orders under the Land Revenue Code for purposes of appeal or revision unless explicitly incorporated.
1) Service Law - Regularization of Temporary/Daily Wage Employees: Regularization cannot be claimed as a matter of right unless the initial appointment was made against sanctioned posts following constitutional and statutory procedures. 2) Municipal Corporation Act, 1956 - Sections 405 and 406: Inclusion of areas into municipal limits does not confer automatic absorption or regularization of Panchayat employees into municipal services; service conditions post-inclusion remain subject to municipal assessment and discretion.
1) Service Law – Appointment – Chhattisgarh Land Revenue Code, 1959, Section 230 and Kotwar Appointment Rules – Mandatory residence requirement and procedure for appointment of Kotwar. 2) Administrative Law – Revision – Limits of revisional jurisdiction – Revisional authority cannot re-appreciate evidence or substitute its own findings unless findings of previous authorities are perverse or illegal.
1) Constitutional Law – Articles 14 and 21 – Equality and Protection of Life and Personal Liberty – Principles of fairness, transparency, and non-discrimination in tender processes. 2) Administrative Law – Judicial Review – Scope of interference in government tender processes limited to instances of arbitrariness, mala fide, or statutory violation.
1) Criminal Law – Indian Penal Code; Sec 304 Part I – Culpable homicide not amounting to murder – Necessity of proving actus reus and mens rea beyond reasonable doubt – Importance of motive and unbroken chain of circumstantial evidence. 2) Criminal Law – Indian Evidence Act – Dying Declaration – Weight and reliability of dying declaration as evidence and necessity of corroboration by other evidence.
1) Service Law – Tender and Procurement – General Financial Rules, 2017, Rule 192(iii) – QCBS evaluation system combining technical and financial scores is a permissible method if pre-decided by the tendering authority. 2) Constitutional Law – Article 14 – Transparency and fairness in tender process require that any change in evaluation methodology materially affecting bidder ranking must be disclosed upfront to all bidders.
1) Constitutional Law – Article 226 – The High Court’s writ jurisdiction under Article 226 is limited to examining the decision-making process and not to reassess or reweigh evidence or substitute its own opinion for that of the Foreigners Tribunal. 2) Foreigners Act, 1946 – Section 9 – The burden of proving that a person is not a foreigner lies entirely on the person himself and this burden never shifts, notwithstanding the provisions of the Indian Evidence Act, 1872.
1) Service Law – Assam Services (Discipline and Appeal) Rules, 1964, Rule 9 – Disciplinary authority’s power to order departmental enquiry and limitations on conducting de novo enquiries on same charges. 2) Natural Justice – Principles of fair enquiry – Requirement of examining material witnesses including complainant in departmental proceedings to establish misconduct; absence amounts to violation of natural justice.
1) Criminal Law – Indian Penal Code, Section 302 – Proof of Murder – A conviction under section 302 can be upheld on circumstantial evidence if such evidence forms a complete chain that excludes all other hypotheses but the guilt of the accused. 2) Criminal Law – Indian Evidence Act, Section 106 – Burden of Proof – When a fact is especially within the knowledge of the accused, the burden shifts to him to provide an explanation, failing which an adverse inference can be drawn; however, this does not absolve the prosecution from proving the offence.
1) Criminal Law – Indian Penal Code, Sections 341, 323, 354, 34 – The prosecution must establish the accused’s involvement beyond reasonable doubt to uphold conviction for wrongful restraint, hurt, and outraging modesty committed in furtherance of common intention. 2) Criminal Procedure – Appreciation of Evidence – Concurrent findings of acquittal by trial and appellate courts based on lack of credible and consistent witness testimony entail the doctrine of double presumption of innocence in favor of the accused.
1) Motor Vehicle Act, 1988 – Section 147 – Liability of insurer under Act policy – An “Act only”/liability policy does not cover injury or death of a pillion rider without an add-on premium; insurer’s liability is limited to third parties. 2) Motor Vehicle Act, 1988 – Section 3 & Section 10 – Validity of driving license – Possession of a valid driving license for the relevant vehicle category is necessary; technical deficiencies in driving license do not absolve insurer if accident cause is unrelated.
1) Service Law – Annual Confidential Reports (ACRs) – Dev Dutt v. Union of India (2008) decision mandates that all ACR entries, whether poor, average, or good, must be communicated to the employee to enable representation for upgradation, grounding the requirement in Article 14 of the Constitution of India. 2) Constitutional Law – Article 14 – Non-communication of any ACR entry affecting promotion chances is arbitrary and violative of the right to equality and fairness under natural justice principles.
1) Industrial Law – Industrial Disputes Act, 1947, Section 2(j) – Definition of ‘Industry’ – The applicability of the Act depends on the functional and commercial nature of the activities of the organization employing the worker, assessed via the Triple Test from Bangalore Water Supply & Sewerage Board v. R. Rajappa. 2) Industrial Law – Industrial Disputes Act, 1947, Section 25F – Conditions precedent to retrenchment – Retribution provisions apply only if the employer qualifies as an industry under Section 2(j) and the employee is a workman as defined therein.
1) Criminal Law – Bail – Section 438 of the Code of Criminal Procedure – Anticipatory Bail – The provision envisages a pre-arrest legal process granting conditional immunity from arrest and must be interpreted liberally in light of Article 21 of the Constitution which protects personal liberty. 2) Criminal Law – Bail – Principles for Granting Anticipatory Bail – Considerations include nature and gravity of offence, role of accused, possibility of witness tampering, criminal antecedents, likelihood of absconding, and overall interests of justice in balancing bail as the rule and jail as the exception.
1) Arbitration Law – Arbitration and Conciliation Act, 1996 – Section 18(3) of the Micro, Small and Medium Enterprises Development Act, 2006 empowers the Facilitation Council to act as arbitrator after failed conciliation and awards passed under the Act are governed by the Arbitration Act, 1996. 2) Jurisdiction – Contractual Jurisdiction – Arbitration Clause – Presence of an arbitration clause between parties specifying dispute resolution by Managing Director, J&K SIDCO and jurisdiction of J&K High Court does not oust the Facilitation Council’s power under Section 18(3) MSME Act to arbitrate disputes once conciliation fails.
1) Service Law – J&K Civil Services (Special Provisions) Act, 2010 – Section 5 – Regularization of ad hoc, contractual or consolidated appointees is subject to conditions and the date of regularization takes effect only from the date of the order and not retrospectively, even if the employee has completed seven or more years of service before the date of regularization. 2) Service Law – Regularization policy – Appointment on consolidated basis without following recruitment rules and proper selection process does not entitle an employee to benefit of regularization policy applicable to those recruited through proper channels under the J&K Contractual Appointment Rules, 2003.
1) Constitutional Law – Article 226 of the Constitution of India – Writ Jurisdiction – The writ jurisdiction under Article 226 is primarily intended for enforcement of public law rights against the State or its instrumentalities, and is ordinarily not maintainable against private individuals unless a public law element or statutory/public duty is involved. 2) Civil Procedure – Limitation – Section 3 of the Limitation Act, 1963 – Courts and statutory authorities are duty-bound to consider and decide limitation issues suo motu even if not specifically raised or argued, as a question of limitation goes to the root of maintainability and jurisdiction.
1) Criminal Law – Indian Penal Code, Section 376 – The nature of sexual intercourse (consensual or non-consensual) is critical in determining the applicability of Section 376 and the entitlement to bail. 2) Criminal Procedure – Bail – Factors such as prima facie evidence, severity of offence, duration of custody, evidence recorded, and risk of witness tampering are vital in deciding bail applications.
1) Juvenile Justice (Care and Protection of Children) Act, 2015 – Sections 2(14), 27(1), 29 and 30 – Definition and jurisdiction of Child Welfare Committees limited to children in need of care and protection and their powers do not extend to institutions. 2) Interpretation Doctrine – Ejusdem Generis Rule – Illustrative definitions under Section 2(14) of the JJ Act must be interpreted within the class of vulnerable children who are neglected, exploited or incapacitated, and cannot be expanded to include children well cared for by their parents.
1) Criminal Law – J&K Prevention of Corruption Act; Section 5(1)(c)(d), 5(2) – The necessity of sanction for prosecution under the PC Act applies only to public servants in service and not after superannuation or retirement. 2) Criminal Procedure – Right to Speedy Trial under the Constitution of India, Articles 226 and 227 – Delay in trial not attributable to court or prosecution does not constitute denial of the right to a speedy trial.
1) Administrative Law – Writ Jurisdiction under Article 226 of the Constitution of India – The decision regarding location of government amenities lies within the domain of competent authorities and is a policy decision. 2) Administrative Law – Principle of Administrative Fairness – While authorities have discretion in policy decisions, they are obliged to consider genuine representations and objections by affected residents before finalizing any such decision.
1) Criminal Law – Indian Penal Code, Sections 363-A, 370, 120-B – Bail – The presumption of innocence and absence of direct involvement or criminal antecedents are relevant in considering bail applications despite serious charges. 2) Criminal Procedure Code – Section 437 – Bail considerations – Denial of bail solely on the basis of gravity of charges is not justified when no likelihood of tampering with evidence or fleeing exists and trial is still in early stages.
1) Constitutional Law – Article 22(5) of the Constitution of India – guarantees the right to make an effective representation against preventive detention orders, which requires the detaining authority to provide the detenue with all the material relied upon for detention. 2) Preventive Detention – Procedural Safeguards – Non-supply or incomplete supply of grounds and material relied upon for detention and non-consideration of representation vitiates the detention order making it unsustainable in law.
1) Constitutional Law – Article 22(5) – Preventive Detention Procedures – Mandates expeditious communication of grounds of detention and prompt consideration of the detenue’s representation to protect procedural rights. 2) Jammu & Kashmir Public Safety Act, 1978 – Section 13 – Requires authorities to communicate grounds of detention within ten days and to consider the detenue’s representation at the earliest opportunity, failing which the detention order may be rendered illegal.
1) Service Law – Government Aided Private School Teachers (Discipline, Punishment and Appeal) Rules – Rule 2 and Rule 7 – Suspension and Appeals – The validity and maintainability of writ petitions challenging suspension orders in light of alternative statutory remedies. 2) Constitutional Law – Article 226 of the Constitution of India – Writ Jurisdiction – Availability of alternative remedy does not constitute an absolute bar but is a rule of discretion in entertaining writ petitions.
1) Limitation Law – Section 5 of the Limitation Act – Provides discretion to courts to condone delay in filing appeals or applications if sufficient cause is shown. 2) Civil Procedure – Restoration of dismissed writ petition – Delay caused by counsel’s bona fide negligence can be grounds for condonation of delay to ensure justice and prevent unfair prejudice to the litigant.
1) Service Law – Annual Increment – As per the Supreme Court judgment in Director (ADMN) & HR KPTCL v. C.P. Mundinamani (2023 SCC OnLine SC 401), entitlement to annual increment crystallizes upon completion of requisite service with good conduct and is payable on the succeeding day after completion of service. 2) Service Law – Pension and Increment on Retirement – Supreme Court’s directions in Union of India & another v. M. Siddaraj (Civil Appeal No.3933/2023) clarified that annual increments to retired employees who retired on 30th June shall be payable prospectively from 01.05.2023 with specific conditions on arrears and retrospective payments.
1) Civil Procedure Code – Order XXI Rules 32 and 35 – Rule 32 governs execution of decrees for permanent injunction while Rule 35 governs execution of decrees for delivery (recovery) of possession; a decree for injunction cannot be converted into a decree for recovery of possession. 2) Civil Procedure Code – Section 47 – Courts executing decrees have jurisdiction to determine all questions relating to the execution, discharge or satisfaction of the decree, including enforcement of possession rights confirmed by the decree.
1) Civil Procedure – Order VII Rule 14(3) CPC – Courts have discretion to admit documents not produced with the plaint at the hearing stage if sufficient cause for belated production is shown. 2) Civil Procedure – Order XIII Rule 1 CPC – Original documents are to be produced on or before settlement of issues but exceptions exist for later production with leave of the court.
1) Criminal Law – NDPS Act, 1985 – Section 37 – Bail Conditions – Courts can grant bail in commercial quantity drug offences only after satisfying twin conditions of reasonable grounds for believing accused not guilty and not likely to commit offence on bail, but this rigour may yield to fundamental rights if trial is unduly delayed. 2) Criminal Law – Right to a Fair Trial and Bail – Article 21 of the Constitution – Right to speedy trial and liberty is paramount; prolonged pre-trial detention without just cause violates fundamental rights and can justify grant of bail despite statutory bail restrictions.
1) Criminal Procedure Code, Section 82 – Mandatory procedural requirements for issuance and publication of proclamation against a person absconding – Strict compliance with provisions such as prior issuance of warrant, publication modes, service report and recording of satisfaction by the Court is essential and any non-compliance renders the proclamation and subsequent proceedings void. 2) Criminal Procedure Code, Section 482 – Court’s inherent power to quash criminal proceedings when they are found to be illegal, arbitrary or violative of statutory mandates.
1) Service Law – Disciplinary Proceedings – Central Civil Services (Classification, Control and Appeal) Rules, 1965, Rule 15 – Requires that the disciplinary authority must forward a copy of the enquiry report to the delinquent employee and provide an opportunity to submit written representation before imposing punishment. 2) Service Law – Conduct Rules under Schedule-C of Indian Institute of Technology Statute 2017, Rule 19 and Rule 29 – Prescribes punishments including dismissal with disqualification only for future employment within the institution, and mandates that if silent, Government of India rules (such as CCA Rules) apply. Punitive consequences beyond these rules are impermissible.
1) Criminal Law – Prevention of Corruption Act, 1988 – Sections 7, 13(1)(d), 13(2), 20 – Proof of demand and acceptance of illegal gratification by public servant is sine qua non for conviction – Presumption under Section 20 arises only after foundational facts are proved beyond reasonable doubt. 2) Criminal Law – Indian Penal Code, 1860 – Section 120-B – Conspiracy charge dependent on the establishment of primary offences under Sections 7 and 13(1)(d) of the Prevention of Corruption Act, 1988 – Requires proof of meeting of minds and dishonest intention.
1) Constitutional Law – Articles 19(1)(a) and 19(1)(c) – The right to freedom of speech and expression and the right to form associations encompass the students’ right to conduct and participate in Student Union elections as an integral part of their educational experience, subject to reasonable restrictions. 2) Service Law – University Governance and Election Regulations – The Lyngdoh Committee recommendations, accepted and judicially recognized, provide binding guidelines for the conduct of Student Union elections in universities, mandating yearly elections within a specified timeframe to uphold democratic participation in academic institutions.
1) Criminal Law – Indian Penal Code; Sec 307 – The offence requires the prosecution to establish the accused’s intention or knowledge of causing death, which must be inferred from circumstantial evidence such as nature and number of injuries, weapon used, previous enmity, and conduct of the accused. 2) Criminal Law – Indian Penal Code; Secs 323 & 341 – Conviction for causing hurt and wrongful restraint can be sustained when evidence establishes bodily harm or obstruction without intention to cause death.
1) Limitation Law – Limitation Act, 1963 – Articles 18 and 113 prescribe a three-year limitation period for suits for recovery of money, commencing from the date when the cause of action accrues. 2) Contract Law – Commercial Contracts – Invocation of contractual dispute resolution mechanisms beyond the limitation period cannot revive or extend the statutory limitation period prescribed by the Limitation Act, 1963.
1) Administrative Law – Irrigation and Drainage Act – Sections 23 to 28 – Authorities’ jurisdiction and procedural compliance required in modification or continuance of irrigation watercourses – The statute confines technical and factual decisions to irrigation authorities, limiting judicial interference in absence of patent illegality. 2) Constitutional Law – Writ Jurisdiction – Article 226 – Scope – Courts should not interfere with technical and factual administrative decisions in irrigation matters unless there is demonstrable arbitrariness, violation of natural justice, or lack of jurisdiction.
1) Banking Regulation – Reserve Bank of India Act, 1934, Section 26(2) – The Central Government’s notification under this section empowers RBI to declare specified bank notes to cease being legal tender and to regulate their exchange and deposit through banking channels. 2) Constitutional Law – Articles 14, 19(1)(g), 300-A – Regulatory restrictions on bank note acceptance must not be arbitrary, discriminatory or infringe upon rights of property and trade except by lawful, reasonable, and proportionate measures taken in public interest.
1) Service Law – Rajasthan Service Rules, Rule 25A – Mandates that any order placing an employee under Awaiting Posting Order must expressly specify the reasons for such placement, ensuring transparency and reasoned administrative action. 2) Constitutional Law – Articles 14 and 16 of the Constitution of India – Protect against arbitrary and discriminatory administrative actions; indefinite APO without reasons or headquarters offends the guarantee of equality and fairness in public service.
1) Criminal Law – Indian Penal Code, Sec 306 – Abetment of Suicide requires proof of active instigation, coercion, or proximate conduct by the accused that directly caused the deceased to commit suicide. 2) Criminal Law – Indian Penal Code, Sec 107 – Definition of “Abetment” entails instigation, conspiracy, or aiding that leads to commission of suicide, requiring either direct or strong circumstantial evidence.
1) Criminal Law – Indian Penal Code, Sections 366A, 372, 373 & 34 and Immoral Traffic (Prevention) Act, Sections 3, 4, 5 & 6 – Establishes offences related to child trafficking, sexual exploitation, and commercial prostitution of minors, highlighting the State’s duty to protect child victims. 2) Criminal Procedure – Immoral Traffic (Prevention) Act, Section 15(2) – Mandates the presence of two or more respectable inhabitants (including at least one woman) during searches; non-compliance constitutes an irregularity but does not automatically vitiate the trial unless it results in failure of justice.
1) Negotiable Instruments Act, 1881 – Section 139 – Presumption as to issuance of cheque for discharge of debt or liability – raises a rebuttable presumption that the holder received the cheque for discharge of debt or liability which can only be rebutted by evidence during the trial stage. 2) Criminal Procedure Code, 1973 – Section 482 – Powers of High Court to quash proceedings – such power should be exercised sparingly and not to conduct roving enquiries or decide disputed questions of fact at pre-trial stage involving presumption under Section 139 of N.I. Act.
1) Constitutional Law – Article 21 – Right to speedy trial includes timely and diligent investigation as an integral part of fundamental rights ensuring fairness and credibility of the criminal justice system. 2) Criminal Procedure – Section 482 CrPC and Article 226 Constitution of India – High Courts’ writ jurisdiction cannot be used to grant blanket protection from arrest during investigation when quashing petitions are dismissed, per Neeharika Infrastructure Pvt. Ltd. v. State of Maharashtra (2021) 19 SCC 401.
1) Service Law – CISF Rules, 2001, Rule 18(b) – prohibits members from contracting a second marriage during subsistence of the first marriage and treats such an act as grave misconduct and valid grounds for dismissal. 2) Constitutional Law – Judicial Review under Article 226 – Courts can interfere in disciplinary proceedings only where there is violation of natural justice, procedural irregularity, or perverse findings; courts do not act as appellate authorities to reappraise evidence or substitute punishment unless it shocks the conscience.
1) Revenue Law – Rajasthan Land Revenue Act, 1956, Section 16 – Empowers the State Government to create new Revenue Villages by notification and specifies procedure and authority. This provision's exercise must comply with government policy to ensure administrative validity. 2) Administrative Law – Government Circular dated 20.08.2009 – Directs that names of Revenue Villages shall not be based on any person, religion, caste, or community and must have general consensus; policy decisions of this nature are binding on the government and non-compliance leads to arbitrariness violating Article 14 of the Constitution.
1) Criminal Law – Indian Penal Code, Section 498A – Defines cruelty by husband or relatives as wilful conduct likely to cause grave injury or harassment for dowry demand – requires specific instances to establish offence for prosecution. 2) Dowry Prohibition Act, 1961 – Sections 3 and 4 – Prescribes penalties for giving, taking, or demanding dowry – general or vague allegations without evidence do not suffice to sustain criminal proceedings.
1) Criminal Law – Code of Criminal Procedure, 1973, Section 311 – The power to summon and examine any person as a witness is discretionary and should be exercised sparingly, only when the evidence is indispensable for the just decision of the case. 2) Evidence – Indian Evidence Act, 1872, Section 118 – Regarding competency of a child as a witness and assessing the reliability of testimony given the child’s age and circumstances under which the testimony is sought.
1) Service Law – Appointment and Regularization – Allahabad High Court Officers and Staff (Conditions of Service and Conduct) Rules, 1976 under Article 229 of the Constitution – Chief Justice’s powers under Rules 8(a)(i), 41 and 45 empower appointment and administrative orders including regularization and confirmation. 2) Constitutional Law – Article 14 – Principle of equality – Discriminatory treatment of similarly placed employees without reasonable classification violates the right to equality and cannot be sustained.
1) Criminal Law – Indian Penal Code, Sections 302, 34, 148, 341 – The principle of common intention (Section 34) applies to premeditated acts done in furtherance of a shared design, holding all participants equally liable for murder. 2) Evidence Law – Appreciation of Evidence in Criminal Trials – Courts must sift the grain from the chaff by assessing consistency, credibility, corroboration, and motive of witnesses, recognizing human imperfections and discrepancies in witness testimony without discarding truthful prosecution cases.
1) Service Law – Clinical Establishments – West Bengal Clinical Establishments (Registration, Regulation and Transparency) Act, 2017 – Sections 33 and 38 – The Commission is empowered to adjudicate deficiency in patient care service complaints, ensure personnel qualifications, and award compensation, distinct from medical negligence adjudicated by State Medical Councils. 2) Medical Regulation – Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002 – Chapter 7 and 8 – Professional misconduct including false claims of specialization shall be dealt with exclusively by the Medical Councils, which have disciplinary jurisdiction and procedures for professional standards enforcement.
1) Land Revenue Law – Madhya Pradesh Land Revenue Code, 1959 – Sections 109 and 110 – Mutation of land records can be based on various modes of acquisition of rights including a registered will; the Code does not prohibit mutation based on testamentary succession. 2) Administrative Law – Mutation Proceedings – Under the 2018 Madhya Pradesh Bhu-Rajasv Sanhita (Bhu-Abhilekhon Mein Namantaran) Niyam, 2018, revenue officers hold administrative jurisdiction in mutation matters and cannot adjudicate rival claims or disputes regarding validity of wills, which fall under civil court jurisdiction.
1) Civil Law – Specific Relief Act, 1963, Section 28 – Empowers the court to rescind contracts upon default by the purchaser and allows extension of time for payment on such terms as the court may allow, highlighting the executing court’s power and conditions related to enforcement of specific performance decrees. 2) Civil Law – Doctrine of Merger – When a higher appellate court passes a final decree on appeal, it merges and replaces the trial court’s decree, rendering only the appellate court’s decree operative, which affects the execution and enforceability of prior decrees.
1) Criminal Procedure – Sections 397 and 401 Cr.P.C. – Revisional jurisdiction of the High Court is discretionary and not strictly dependent on the presence or survival of the revisionist; the High Court can continue the revision despite death of the petitioner to test correctness, legality, or propriety of the order under challenge. 2) Criminal Procedure – Section 2(wa) Cr.P.C. – The definition of “victim” includes legal heirs who have suffered loss or injury and such persons may assist the Court in revisional proceedings when the original revisionist dies, even though there is no statutory provision for substitution in criminal revisions.
1) Limitation Law – Section 5 of the Limitation Act, 1963 – Condonation of delay – Requirements of sufficient cause and bona fide explanation for delay. 2) Limitation Law – Judicial principles on condonation of delay – Necessity of due diligence and bona fide explanation; delay not to be condoned merely as an act of generosity (Thirunagalingam v. Lingeswaran & Ors. and H. Guruswamy & Ors. v. A. Krishnaiah).
1) Civil Procedure Code – Section 92 – Court’s jurisdiction to set aside or restore suits – Application under Section 92 CPC should be considered with judicial mind and in adherence to higher court directions to prevent misuse and harassment. 2) Constitutional Law – Article 227 – Supervisory jurisdiction of High Court – Interference under Article 227 is warranted only on grounds of patent perversity, gross illegality, or failure of justice, not for reappreciation of evidence or acting as a court of appeal.
1) Service Law – Eligibility Criteria – Registration with Professional Council – Supreme Court rulings in Narender Singh v. State of Haryana (2022) 3 SCC 286 and Laxmi Saroj v. State of U.P. (2022) 17 SCC 477 establish that a candidate cannot be penalized for delay in issuance of registration certificate by the council when the application for registration was made timely. 2) Constitutional Law – Article 142 – Supreme Court's power to do complete justice by protecting interests of parties involved, ensuring candidates are not unfairly disqualified due to procedural delays not attributable to them.
1) Negotiable Instruments Act, 1881 – Sections 138, 118, and 139 – Presumption as to the existence of debt or liability upon production of duly signed cheque – The cheque is presumed to have been issued for discharge of a legally enforceable debt or liability unless the drawer can rebut the presumption by raising a probable defence. 2) Criminal Procedure – Revisional Jurisdiction under Sections 397 and 401 CrPC – Scope limited to correction of jurisdictional errors, perversity or manifest illegality and does not permit reappreciation of evidence or reassessment of witness credibility.
1) Service Law – Appointment – An employee's appointment once approved cannot be overturned post-retirement unless fraud or misrepresentation is established. 2) Constitutional Law – Right to Retiral Benefits – Retiral benefits constitute a rightful entitlement for services rendered, and delay in payment must be compensated with interest.
1) Contract Law – Lease Agreements – Enhancement of Lease Rent – A lease deed stipulates that enhancement of rent requires execution of a supplementary deed; unilateral enhancement without such execution is impermissible. 2) Administrative Law – Binding Authority Orders – The revisional order of a higher statutory authority must be implemented by subordinate authorities, and any deviation or attempt to bypass such orders constitutes a breach of administrative discipline.