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Criminal Law -- Specific Evidence -- Conviction under Section 498-A cannot be based on general or vague allegations. There must be clear, specific, and credible evidence linking the accused to acts of cruelty.
Criminal Law -- Scope and application of Section 294 CrPC and reinforce that admission of documents by the defense negates the need for formal proof, impacting both trial procedure and appeal considerations.
Service Law -- Reinstatement and Compensation -- Reinstatement with full back wages is not the automatic rule in cases where the employee is not covered under the I.D. Act or when procedural compliance is established.
Constitution of India -- Ante-Dating of Judgments -- Supreme Court held that ante-dating of judgments is impermissible -- It violates judicial propriety and undermines litigants' rights by delaying the opportunity to seek further appeal.
Land Acquisition Act, 1894 -- Doctrine of Merger and Article 142 -- Exceptions can be made to ensure justice and prevent negative consequences for public welfare.
Civil Law -- Equitable Compensation for Auction Purchasers -- Supreme Court emphasized that when an auction purchaser is deprived of the deposit amount due to the setting aside of an auction, mere statutory solatium (5% of the bid amount) is insufficient.
Criminal Law -- Section 319 CrPC Discretion -- Trial court has the discretion to decide a Section 319 CrPC application either before or after cross-examination, depending on the circumstances and available evidence.
Citizenship Act, 1955 -- Requirement for Citizenship by Registration -- To be considered a "person of Indian origin," one’s birth or parent’s birth must be in undivided India, as defined by the Government of India Act, 1935.
Civil Law -- Maintainability of Appeals Under Airports Economic Regulatory Authority Act Act -- AERA is allowed to file appeals under Section 31, recognizing its vested interest as a regulatory body.
Criminal Law -- Motive and Suspicion – Supreme Court reiterated that suspicion, however strong, cannot replace proof beyond reasonable doubt -- Even if the appellant had a motive (wanting to marry someone else), it alone is insufficient to convict him without conclusive evidence linking him to the crime.
Motor Vehicles Act, 1988 -- Preponderance of Probability in Motor Accident Claims -- In motor accident claims, the court applies the principle of preponderance of probability rather than the stricter standard of proof beyond a reasonable doubt, which is used in criminal cases.
Income Tax Act, 1922 -- Supreme Court ruled in favor of the banks, allowing the deduction of broken period interest as revenue expenditure when securities are treated as stock-in-trade.
FIR -- Absence of clear evidence of a false promise of marriage or non-consensual sexual relations, the FIR should be quashed to prevent misuse of legal processes.
Bank Procedures and Criminal Liability – Even if there are procedural lapses in financial decision-making, criminal liability cannot be presumed unless there is clear evidence of wrongful intent or misuse of power.
Criminal law -- Death Penalty and the "Rarest of Rare" Doctrine – Principle -- Death penalty is reserved for the "rarest of rare" cases where the crime shocks the collective conscience of society, and there is no possibility of reforming the accused.
Civil Law -- Judicial Interpretation on Agreement-Based Charges – Supreme Court emphasized that charges imposed as part of an agreement between parties, such as royalty, are valid -- Such charges do not need legislative backing if they stem from an arrangement between the parties.
Rights of Persons with Disabilities Act, 2016 -- Equal Opportunity and Non-Discrimination -- Persons with disabilities are entitled to equal rights and opportunities -- No one can be discriminated against based on disability unless it is a proportionate means of achieving a legitimate aim.
Motor Vehicles Act, 1988 -- Quantum of Compensation -- Court emphasized that the amount claimed by the claimant is not the upper limit for compensation -- Courts are obliged to award just and reasonable compensation, even if it exceeds the claimed amount.
Civil Law -- Doctrine of Lis Pendens -- Transfers made during the pendency of a suit are not void ab initio under Section 52 of the Transfer of Property Act, 1882, but such transfers are subject to the final outcome of the litigation -- Rights of the transferee are subservient to the original parties' rights, but transferees can still defend their interest through judicial process.
Criminal Law -- Reformation Principle in Sentencing -- Principle of reformation plays a critical role in sentencing decisions -- Good conduct during incarceration and the possibility of reform can lead to sentence modification, including reduction to time already served.
Civil Law -- Bona Fide Purchaser -- A subsequent purchaser during litigation cannot be considered a bona fide purchaser for valuable consideration if the transaction is affected by lis pendens.
Mens Rea in Criminal Offenses -- For offenses under Sections 406 and 420 of the IPC, mens rea (intention or knowledge of wrongdoing) is essential -- Dishonest intention from the beginning must be inferred from facts and circumstances to determine if the accused intended to cheat or misappropriate.
Doctrine of Acquiescence -- Writ petitioners, having participated in the selection process, could not challenge the eligibility criteria post-facto. -- Invokes the doctrine of acquiescence -- Candidates cannot later challenge the rules or criteria of a process they voluntarily participated in.
Income Tax Act -- Assessing Officer's Powers to Entertain Claims -- Assessing officer does not have the authority to entertain a fresh claim or an amendment in the return that is not filed in accordance with Section 139(5) -- In other words, claims must be made in the original or revised return filed within the prescribed time limit.
Evaluation of Technical Bids in Tender Process -- Rejection of the technical bid of a bidder must be based on clear non-compliance with mandatory requirements of the Notice Inviting Tender (NIT). Arbitrary or discriminatory rejection without valid reasoning, as in the case of the Appellant, violates the principles of fair evaluation.
Criminal Liability Despite Settlement -- A settlement between the parties does not automatically absolve an accused of criminal liability, particularly for offenses against public interest or involving mental depravity. The court must assess whether the nature of the offense justifies quashing based on the settlement.
Doctrine of Falsus in Uno, Falsus in Omnibus -- Principle "falsus in uno, falsus in omnibus" (false in one thing, false in everything) is not applicable in Indian law -- Even if a witness gives unreliable or false evidence on some points, the rest of their testimony may still be accepted if credible and truthful.
Single Entity Legislation -- A legislation dealing with a single entity or a single undertaking may be permissible if there is a reasonable classification having a nexus with the object sought to be achieved -- Such a classification should have an intelligible differentia that distinguishes the entity being legislated from others in a similar category. The burden of proving that the legislation is discriminatory lies on the party challenging it.
Service Law -- Judicial Principles Regarding Service Promotion -- Notional seniority cannot be granted retrospectively without a valid statutory basis or rules allowing for it -- Changes in service rules or GOs affecting seniority should be implemented prospectively unless expressly provided otherwise.
Scope of Section 311, Cr.P.C. (Summoning Additional Witnesses) -- Section 311 provides the court with the power to summon witnesses at any stage of an inquiry, trial, or other proceeding if it deems their evidence essential for a just decision -- However, this power should be exercised judiciously, and not arbitrarily, particularly when the examination of new witnesses is sought at a late stage in the trial.
Limited Scope of Judicial Interference (Sections 34 and 37 of the Arbitration Act, 1996) -- Section 34 allows a court to set aside an arbitral award on limited grounds, such as public policy violations, fraud, or illegality -- Scope is narrow and does not permit reappraisal of evidence or reconsideration of merits.
Role of Courts in Upholding Administrative Decisions -- Court reiterated that unless there is a clear procedural violation or lack of adherence to natural justice, courts should not interfere with administrative disciplinary actions -- Decision to impose a censure penalty was considered just and within the bounds of the law.
Perversity and Exercise of Article 136 Powers -- Court found that the findings of the lower courts were perverse, as they ignored crucial discrepancies in the evidence -- This justified the invocation of Article 136 of the Constitution to set aside the concurrent findings -- Interference with concurrent findings should only occur in the presence of glaring errors or misapplication of law.
Constitution of India – Article 142 -- Power to Do Complete Justice -- Supreme Court invoked its power under Article 142 to provide an equitable solution. Even though the Court upheld the auction, it directed additional compensation to the appellant, ensuring that the outcome balanced the interests of both the auction purchaser and the appellant bank.
Prevention of Money Laundering Act, 2002 -- Conditions for Bail in PMLA Cases -- Section 45 of PMLA imposes a stricter condition for bail in money laundering cases, requiring that the court must be satisfied there are reasonable grounds for believing the accused is not guilty and is unlikely to commit further offences if released on bail.
Criminal Law -- Burden of Proof in Custodial Deaths -- Burden of proof in custodial deaths falls heavily on the police, as they are in control of the person in custody -- This principle stems from the settled legal position that custodial violence and the consequent death are peculiarly within the knowledge of the police.
Criminal Law -- Section 482 of CrPC -- Quashing of FIR -- Scope of Section 482 CrPC -- High Court can use its inherent power to quash an FIR if it is found to be frivolous, vexatious, or filed with ulterior motives to harass the accused -- Court must scrutinize the FIR closely to prevent abuse of the legal process.
Civil Law -- Amendments to pleadings can be allowed at any stage of the proceedings, provided the amendments are necessary to determine the real issues in controversy between the parties -- Court should adopt a liberal approach when allowing amendments, but must also ensure that such amendments do not cause prejudice or injustice to the other party.
Equity Jurisdiction of Writ Courts -- Writ jurisdiction under Article 226 is discretionary and should be exercised to do substantial justice -- Relief may be denied if a petitioner is found guilty of misleading the court or abusing the legal process, even if they have a legal right.
Transfer of Property Act -- Section 53A -- Agreements to sell included clauses where possession of the properties was handed over to the purchasers. This implies the acquisition of possessory rights under Section 53A of the Transfer of Property Act, 1882, which protects the purchaser’s interest.
Criminal Law -- Delay in FIR -- Delay in lodging an FIR must be explained satisfactorily by the prosecution. If not convincingly explained, it raises doubt about the prosecution's case but does not automatically discredit it.
Criminal Proceedings Against Financial Institutions -- Protection of financial institutions from being harassed by disgruntled borrowers filing frivolous criminal cases (FIRs) when the issue is primarily civil (loan default) in nature -- Financial disputes between borrowers and lenders should not automatically lead to criminal liability unless specific criminal elements are present.
Burden of Proof under Section 12(2) of the Passports Act -- Section 12(2) of the Passports Act requires proof that the appellant knowingly furnished false information or suppressed material facts to secure a second passport for the accused.
Land Acquisition Act, 1894 -- Section 17 -- Special urgency powers under Section 17(4) allow the State to acquire land without granting landowners the right to object (Section 5A). The court emphasized that this imposes an onerous duty on the State to ensure fair compensation is provided expeditiously.
Jurisdiction under Section 11(6) of the Arbitration and Conciliation Act, 1996 -- Court emphasized that its role under Section 11(6) is limited to a prima facie determination of the existence of an arbitration agreement, leaving substantive issues and questions of fact for the arbitral tribunal to decide.
Criminal Law – Dowry Death – Section 304-B IPC – Section 498-A IPC – Presumption under Section 113-B of Evidence Act – Failure to Prove Dowry Demand Beyond Reasonable Doubt – Acquittal.
Professional Ethics -- Advocates are bound by ethical standards and legal responsibilities -- Fraud on the court and abuse of judicial process are serious offences punishable under criminal law.
Civil Law -- Literal Interpretation of Contracts -- When the language of a contract or sale deed is clear and unambiguous, the courts must apply a literal interpretation and give effect to the plain meaning of the terms without relying on external circumstances or intentions -- In this case, the recitals of the sale deeds were interpreted based on their express wording.
Industrial Disputes Act, 1947 -- Section 9A -- Service conditions of employees cannot be altered without issuing a notice as mandated under Section 9A of the Industrial Disputes Act -- Employers must follow procedural requirements before making changes to working conditions.
Doctrine of Contributory Negligence -- Contributory negligence applies only when the injured party or their agents contribute to the accident. To establish contributory negligence, there must be evidence that the person acted in a way that materially contributed to the accident.
Criminal Law -- Presumption of Innocence -- Principle that an accused is presumed innocent until proven guilty is fundamental in criminal law, reinforced by prior acquittals.
Benefit of Doubt -- If evidence does not conclusively establish guilt, the accused must be acquitted -- Lack of corroborative evidence (e.g., independent witnesses) raises doubts about the reliability of the prosecution's claims.
Right to Speedy Trial (Article 21 of the Constitution of India) -- Prolonged detention of an under-trial without conclusion of the trial, even in serious cases like those under Section 304B IPC, violates the fundamental right to a speedy trial as guaranteed under Article 21 of the Constitution -- If the State fails to ensure timely trial, prolonged incarceration can justify the grant of bail.
Civil Law -- Compromise Decree and the subsequent conduct of the parties -- It was determined that the suit property was held in trust and that the Appellant-Defendant, who claimed to have absolute ownership, was actually holding the property in a fiduciary capacity.
Service Law -- Withdrawal of Resignation -- The principle that resignation can be withdrawn before its acceptance is established law -- The period of absence shall be counted for pensionary benefits.
SLP -- Re-examination of NEET(UG)-2024 -- Denial of permission to carry a handkerchief would not have materially affected the petitioner’s performance is considered plausible -- Court noted that in the context of the OMR sheet examination, the impact of sweating on performance was less significant.
Principle of Rule of Law -- Actions of the State must adhere to the rule of law -- Alleged criminal involvement of a family member does not justify demolishing the legally constructed property of other family members -- Legal processes must be followed to prove any crime, and property demolition based on allegations violates legal principles.
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act -- Section 5 - Detention order can stand on other grounds if one ground is found invalid, but the principle does not apply if the detention order relies on composite grounds.
Civil Law -- Consent Order and its Scope -- A consent order in eviction proceedings cannot transfer ownership unless explicitly mentioned and supported by a registered document. In this case, the consent order merely dealt with the tenant’s eviction or continuance, contingent on depositing a certain sum of money.
Property Law -- Legal Framework for Compensation Claims -- The private Defendants had no legal standing to receive compensation in the absence of any prior claim or plea. The court emphasized the importance of making proper legal claims during the proceedings to establish entitlement to compensation.
Specific Relief Act, 1963 -- It is not necessary to seek the cancellation of the sale deed under Section 31 of the Specific Relief Act, 1963, in every case, especially when the person is not a party to the instrument.Partition Necessary -- Since the property is undivided, any transfer of the property must be followed by partition before the sale can be valid for the entire property.
Eligibility Criteria for Teacher Grade III Post -- The advertisement specified that candidates must have a minimum of 45% marks in graduation, but exemptions were provided for those admitted to B.Ed courses prior to the NCTE notifications of 27.09.2007 and 31.08.2009.
Prevention of Money Laundering Act -- Section 50 -- The Enforcement Directorate (ED) has broad powers to summon individuals to give evidence or produce documents during the course of an investigation under Section 50(2) and (3) -- Section 160 of the Cr.P.C., which provides certain protections for women, minors, and the elderly, does not apply to summons under Section 50 of the PMLA.
Appointment of a Junior Officer as Judge Advocate -- A Judge Advocate appointed in a General Court Martial must not be of a rank lower than the officer facing trial unless no officer of equal or superior rank is available -- This reason must be explicitly recorded in the convening order at the time of its issuance.
Jurisdiction and Scope of Rectification under Section 59 of the Companies Act, 2013 -- The expression ‘rectification’ connotes correcting an error in the Register of Members -- If a party claims rectification due to error or omission, the National Company Law Tribunal (NCLT) has exclusive jurisdiction to address it.
Article 32 -- Jurisdiction Limitations -- Under Article 32, which provides remedies for the enforcement of fundamental rights, the Court cannot issue writs or directions to the government to take action on matters like arms exports, which involve foreign policy and commercial agreements -- Such matters are left to the executive's discretion, and judicial intervention is limited.
Criminal Law -- Mere registration of an FIR cannot be interpreted as the initiation of prosecution. The process of prosecution begins only after the submission of a final report or chargesheet under Section 173(2) of the CrPC, 1973, and the court taking cognizance of the offences.
Habeas Corpus as a Discretionary Remedy in Custody Cases -- The writ of habeas corpus is a discretionary remedy, especially in child custody matters -- High Court can decline to disturb the custody of a minor if it is not in the child's best interests, even if the custody is technically illegal.
Scope of Judicial Review - Eligibility vs. Suitability -- Judicial review is limited to issues of eligibility and lack of effective consultation -- The suitability of a candidate for judicial appointment is non-justiciable and cannot be questioned in court.
Criminal Law -- Omission of Direct Involvement (Section 149 IPC) -- mere presence in the unlawful assembly is sufficient to attract liability under Section 149 IPC, even if the accused did not personally inflict the fatal injury.
Service Law -- Leave Without Allowance (LWA) Rules and Termination -- Rule 24A of Kerala Service Rules and Clause 6 of Appendix XIIA permits a maximum of 20 years of Leave Without Allowance (LWA). If an employee does not return immediately after the expiry of the leave, their services shall be terminated after following the procedure in Kerala Civil Services (Classification, Control and Appeal) Rules, 1960
Motor Accident – Compensation -- Ownership liability is not confined to the person in whose name the vehicle is registered but extends to the person who is in control or command of the vehicle at the time of the accident.
Civil Law -- Jurisdiction of Execution Court to Extend Time for Deposit -- The Execution Court had jurisdiction to deal with the application for extension of time under Section 28 of the Specific Relief Act, 1963 -- Even if the appellate court passed the decree, the execution proceedings in the trial court are deemed to be in the same suit as per Section 37 of the Civil Procedure Code (CPC).
Karnataka Stamp Act – No instrument chargeable with duty shall be admitted in evidence for any purpose by any person having by law or consent of parties authority to receive evidence, or shall be acted upon, registered or authenticated by any such person or by any public officer, unless such instrument is duly stamped.
Stamp Act – Section 34 of the Act is titled instruments not duly stamped inadmissible in evidence -- This provision bars the admission of an instrument in evidence unless adequate stamp duty and the penalty are paid. Every person so authorised to collect deficit stamp duty and penalty has no discretion except to levy and collect ten-times the penalty of deficit stamp duty.
Criminal Law – Bail -- Balancing Liberty and Fair Trial -- The court recognized the need to balance the petitioner's liberty with the necessity of ensuring a fair trial. However, the court concluded that protective measures could be imposed to prevent witness tampering.
Violation of Fundamental Rights under Article 21 -- The Supreme Court held that once a court concludes that an accused is entitled to bail, it cannot postpone the operation of that order -- Postponing bail, after deciding the accused is entitled to it, may violate the fundamental right to life and personal liberty guaranteed under Article 21 of the Constitution of India.
Arbitration and Conciliation Act – Applicability of the State Act where award has already been made -- In such cases if no objection to the jurisdiction of the arbitration was taken at relevant stage, the award may not be annulled only on that ground.
Code of Criminal Procedure – It is trite to say that Section 216 is an enabling provision which enables the court to alter or add to any charge at any time before judgment is pronounced, and if any alternation or addition to a charge is made, the court has to follow the procedure as contained therein -- Section 216 does not give any right to the accused to file a fresh application seeking his discharge after the charge is framed by the court, more particularly when his application seeking discharge under Section 227 has already been dismissed.
Dowry Prohibition Act, 1961 -- 'stridhan' is the absolute property of the woman, and any claims or recovery actions regarding it must be made by her or with her express authorization -- Criminal proceedings should not be used as a tool for harassment or to settle personal grudges -- Principle that delayed and baseless criminal proceedings constitute an abuse of the process of law.
Delhi Education Rules, specifically Rules 46 and 47, any closure of a recognized school must receive prior approval from the Director (Education) -- This approval is essential for the closure to be legally valid.
Bail is the rule, jail is exception, even under special laws like PMLA -- Any incriminating statements made by an accused in custody under the Prevention of Money Laundering Act are not admissible as evidence -- Liberty of an individual is always the rule and deprivation is the exception. S.45 PMLA, by imposing twin conditions, does not rewrite this principle to mean that deprivation is the norm and liberty is the exception.
Application of Force Majeure Clause in Power Purchase Agreement -- Force majeure clauses must be strictly interpreted, and the burden of proof lies with the party claiming the benefit of the clause.
Special Treatment for Women under PMLA — The proviso to Section 45(1) of the PMLA applies to all women, not just vulnerable ones, allowing them to be granted bail without the stringent twin conditions of the main provision.Bail — Appeal against denial of — Avoidance of Detailed Discussions on Merits in Bail Applications — Courts should refrain from making detailed observations on the merits of the case during bail hearings to avoid prejudicing the trial. (Paras 3 & 4)
Arbitration and Conciliation Act – Power of the Arbitrator to award pre-reference and pendente lite interest is not restricted when the agreement is silent on whether interest can be awarded [7] or does not contain a specific term that prohibits the same.
Criminal Law -- It is high time that the police officers across the country are imparted proper training in law so as to understand the fine distinction between the offence of cheating viz-a-viz criminal breach of trust -- Both offences are independent and distinct.
Coal Mines (Nationalization) Act – The underpinnings of what was a civil dispute premised on a contract between the parties, breach whereof could at best lead to determination of the contract or even the underlying lease deed, has been painted with the brush of criminality without any justification.
Narcotic Drugs and Psychotropic Substances Act – Statement recorded under Section 67 of the NDPS Act cannot be used as a confessional statement in the trial of an offence under the NDPS Act.
Service Law – Dismissal -- If the court holds that the order though in the form is merely a determination of employment is in reality a cloak for an order of punishment, the court would not be debarred, merely because of the form of the order, in giving effect to the rights conferred by law upon the employee.
Central Civil Services (Pension) Rules – Benefits of the replacement scales of the Revised Pay Rules, 2008 -- The mere classification of employees as 'temporary' or 'permanent' is not merely a matter of nomenclature but carries significant legal implications, particularly in terms of service benefits and protections.
Service Law – Reservation -- Non-fixation of the cut-off marks for the category of persons with benchmark disability falling under an Overall Horizontal Reservation could neither be said to be arbitrary nor violative of the Fundamental Rights.
IPC, 1860; Section 306 — Abetment of Suicide — For an individual to be charged under Section 306 of the IPC, there must be clear evidence that the accused instigated, provoked, or intentionally aided the deceased in committing suicide. Mere mention of a person's name in a suicide note, without substantial evidence of instigation or abetment, does not satisfy the legal requirements to establish a case under this section.
Constitution of India – Article 22(5) – Detention -- Discipline is sine qua non for effective and efficient functioning of the judicial system -- If the courts command others to act in accordance with the provisions of the Constitution and rule of law, it is not possible to countenance violation of the constitutional principle by those who are required to lay down the law.
Right to Privacy of Adolescents – suo moto case – Calcutta HC Judgment containing controversial remarks about Adolescents sexual behavior, set aside by Supreme Court – The High Court acquitted a young man aged 25 years who engaged in sexual activity with a minor girl.
Rape and Murder – Supreme Court has taken suo motu cognisance of the rape and murder of a doctor in RG Kar Hospital in Kolkata – On August 13, the Calcutta High Court directed the Central Bureau of Investigation (CBI) to take over the investigation, after expressing lack of satisfaction with the Kolkata Police – The High Court passed the order acting on petitions filed by one of the parents of the victim and certain other individuals.
Madhya Pradesh Education Admission Rules – Admission -- No relief of admission can be granted to such a candidate in the very academic year and wherever it finds that the action of the authorities has been arbitrary and in breach of the rules and regulations or the prospectus affecting the rights of the students and that a candidate is found to be meritorious and such candidate/student has approached the court at the earliest and without any delay, the court can mould the relief and direct the admission to be granted to such a candidate in the next academic year by issuing appropriate directions by directing to increase in the number of seats as may be considered appropriate in the case and in case of such an eventuality and if it is found that the management was at fault and wrongly denied the admission to the meritorious candidate, in that case, the Court may direct to reduce the number of seats in the management quota of that year, meaning thereby the student/students who was/were denied admission illegally to be accommodated in the next academic year out of the seats allotted in the management quota.
Family Law – Right to Custody -- Granting temporary custody of a minor child to a relative would not preclude the natural guardian from seeking custody of a minor child.
Service Law – Pay scale -- Employees in question are, therefore, not entitled to have their pay stepped up under the said Government Order because the difference in the pay drawn by them and the higher pay drawn by their juniors is not as a result of any anomaly; nor is it a result of the application of Fundamental Rule 22(I)(a)(1).
Constitution of India -- Art.13 -- Demands for tax under state legislation -- While the States may levy or renew demands of tax, if any, pertaining to Entries 49 and 50 of List II of the Seventh Schedule in terms of the law laid down in the decision in MADA (supra) the demand of tax shall not operate on transactions made prior to 1 April 2005.