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1) Service Law – BSF Rules, 1969 – Rule 22 – Mandates that a delinquent member must be given notice of charges, all adverse reports, and an opportunity to present a defense before dismissal. 2) Service Law – Principles of Natural Justice – Requirement of adequate notice and opportunity of hearing must be satisfied by sending communications to the delinquent’s last known address; personal service or extraordinary efforts are not mandatory when the employee absconds.
1) Service Law – Winding Up of Cooperative Institutions – Cabinet Decision dated 15.07.1999 and subsequent government orders provide the legal basis for adjustment orGolden Handshake Scheme to CONFED employees upon winding up. 2) Constitutional Law – Right to Salary and Service Benefits – Judicial precedents including the order dated 29.05.2019 in CPSW No.718/2017 uphold entitlement to salary arrears for employees absorbed in government service after winding up of autonomous institutions.
1) Civil Procedure Code, Order 7 Rule 10 and Rule 10A – Jurisdiction – When a plaint is returned by a court lacking pecuniary jurisdiction, the suit must be instituted de novo before the competent court without continuation from the previous stage. 2) Civil Procedure Code, Order VIII Rule 1 – Written Statement – The limitation of 120 days for filing written statement applies from the date of service of summons, but does not bar filing a fresh written statement when the suit is transferred to a court of competent jurisdiction after return of plaint for lack of jurisdiction.
1) Agrarian Reform Law – Jammu and Kashmir Agrarian Reform Act, Section 25 – bars jurisdiction of civil courts over disputes arising under the Act and Rules, directing such matters to the designated Agrarian Reform Authorities. 2) Agrarian Reform Rules – Rule 21 of the Jammu and Kashmir Agrarian Reform Rules prescribes detailed procedure for resumption of land including enquiry and possession delivery by Revenue Officers, precluding civil court interference.
1) Administrative Law – Limitation – Jurisdiction – As per settled legal principles, limitation is a jurisdictional issue that an authority must decide before adjudicating merits; failure to address limitation bars the authority from entertaining or deciding the appeal on merits (Ref: Article 226 Constitution of India; Principle in Noharlal Verma v. District Cooperative Central Bank Ltd.). 2) Administrative Law – Quasi-judicial Proceedings – Reasoned Orders – Judicial or quasi-judicial authorities are required to give reasoned orders and not act arbitrarily; failure to provide reasons for restoring an earlier order renders such order unsustainable and contrary to principles of natural justice.
1) Criminal Law – Code of Criminal Procedure, 1973 – Section 497 – Bail – The embargo under Section 497 Cr.P.C. restricts grant of bail to an accused in serious offences like murder. 2) Criminal Law – Bail Jurisprudence – Prima Facie Case – While considering bail, the court must form a prima facie view of the accused’s involvement without engaging in detailed evidence appreciation.
1) Constitutional Law – Preventive Detention – Jammu and Kashmir Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988, Section 3 – Detention order must be based on specific material and reasonable satisfaction of the detaining authority after application of mind. 2) Criminal Law – NDPS Act, 1985 – Section 8 and 20 – Involvement in drug trafficking and possession of narcotic substances provide grounds for preventive detention to prevent future offenses.
1) Service Law – Appointment – Eligibility criteria prescribed in advertisement notices must be uniformly applied to all candidates to ensure fairness and non-arbitrariness in State action. 2) Constitutional Law – Equality and Non-Discrimination (Articles 14 & 16) – Selective implementation of judicial directions violating uniformity and treating similarly situated candidates disparately constitutes discrimination rendering State action vitiated in law.
1) Land Acquisition Law – J&K Land Acquisition Act, 1990 – Section 18(1) and (2) – Specifies that only persons who have not accepted the final award may file a written application to the Collector seeking reference of objections to the court, and such application must be made within the specified limitation period. 2) Land Acquisition Law – J&K Land Acquisition Act, 1990 – Section 11(4) – An award referred to in Section 18 means the final award made by the Collector determining compensation payable for land acquisition.
1) Insurance Law – Insurance Act, 1938 – Section 64VB and IRDA (Protection of Policyholders’ Interests) Regulations, 2002 – Obligations of Insurers to disclose exclusion clauses explicitly to insured – Insurer must prove that an exclusion clause was brought to the insured’s knowledge and consented to, failing which the clause cannot be enforced. 2) Contract Law – Principles of Insurance Contracts – Utmost Good Faith (Uberrimae Fidei) Doctrine – Insurance contracts are contracts of adhesion favoring the insured and require clear disclosure of material terms including exclusions; non-disclosure or concealment of exclusion clauses amount to unfair trade practices and render exclusions void.
1) Civil Procedure – Jurisdiction – A trial court, once it has finally decided an issue, cannot reopen or refer the same issue for reconsideration during the pending proceedings without appropriate challenge through prescribed legal remedies. 2) Jammu and Kashmir Reorganization Act, 2019 – Schedule 5th, Table 4 – Non-continuance of Jammu and Kashmir Houses and Shops Rent Control Act – The applicability of pre-reorganization tenancy laws must be clarified via proper legal channels and cannot be prematurely adjudicated through trial court references.
1) Tax Law – Goods and Services Tax (GST) – Notification No. 9/2017, Entry 13 – Exemption from GST applies to services by way of renting of residential dwellings for use as residence, which includes leasing for hostel accommodation used as residence by students and working professionals. 2) Statutory Interpretation – Exemption Notifications – Entry 13 must be construed purposively and liberally to give effect to legislative intent, without adding extraneous conditions such as requiring the lessee itself to use the property as residence rather than sub-lessees.
1) Arbitration Law – Arbitration and Conciliation Act, 1996 – Section 31(7)(a) – Party Autonomy – The arbitral tribunal’s discretion to award interest “at such rate as it deems reasonable” applies only when there is no prior agreement between the parties on the interest rate; an agreed contractual rate excludes tribunal’s discretion. 2) Contract Law – Contract Act, 1872 – Section 74 – Penal/ Liquidated Damages Clauses – A contractual provision for higher interest on default does not amount to a penalty if it is a genuine commercial arrangement; party autonomy and commercial justification are paramount unless the provision is unconscionable or fraudulent.
1) Criminal Law – Code of Criminal Procedure, 1973 – Section 319 – Empowers the Court to summon any person not being an accused if prima facie evidence suggests their involvement, ensuring no guilty party escapes trial. 2) Evidence Law – Indian Evidence Act, 1872 – Section 32(1) – Statements recorded under Section 161 CrPC by a deceased person regarding the cause of death or circumstances leading to it are admissible as dying declarations, even if recorded without Magistrate or medical certification.
1) Constitutional Law – Contempt of Court – Duty to comply with court orders – Non-compliance with clear and categorical directions amounts to contempt and Court must consider specific grievances based on material placed on record. 2) Land Acquisition Act, 1894 – Acquisition proceedings – Possession and compensation – Directions in writ proceedings for handing over possession and payment of compensation must be strictly complied with; ambiguity in Court orders must be examined in light of factual matrix and specific representations.
1) Motor Vehicles Act, 1988 – Section 166 – Principles of compensation assessment and contributory negligence – The tribunal has the discretion to apportion liability between drivers involved in an accident based on evidence of negligence from both parties. 2) Motor Vehicles Act, 1988 – Compensation – Application of notional income and multiplier method – The assessment of compensation must consider reasonable notional income, future prospects, and recognized heads such as loss of consortium, funeral expenses, and loss of estate, applying established judicial precedents for enhancement.
1) Criminal Law – Indian Penal Code, Sections 376-A, 504, 506 – Procedure for framing charges requires existence of sufficient material evidence to justify addition of such charges against the accused. 2) Criminal Law – Protection of Children from Sexual Offences Act, Sections 4, 8, 12 – Supplementary statements cannot be the sole basis for framing charges under POCSO Act if medical and forensic evidence do not corroborate the allegations.
1) Criminal Law – Indian Penal Code, Sections 468, 471, 420 – The prosecution must establish beyond reasonable doubt that the accused forged or used a forged document with fraudulent intent to cheat. 2) Criminal Procedure – Investigation – Thorough and proper investigation including examination of relevant authorities and verification of documents is essential to establish forgery and cheating offences.
1) Criminal Law – Indian Penal Code; Sections 376(3), 376(2)(n), 363, 366(A), 506 – These sections address punishment for rape of a minor under 16 years (Section 376(3)), repeated rape (Section 376(2)(n)), kidnapping (Section 363), procuration of a minor (Section 366A), and criminal intimidation (Section 506); the judgment affirms that evidence must establish the age and absence of consent or consent obtained under duress for conviction. 2) Criminal Law – Protection of Children from Sexual Offences (POCSO) Act, 2012; Sections 4, 6, 8, 12 – These provisions pertain to penetrative sexual assault, aggravated penetrative sexual assault, sexual assault, and sexual harassment of a child; the judgment holds that the victim being a minor, consent is immaterial, and conviction is sustainable if prosecution establishes sexual assault under threat or coercion.
1) Criminal Law – Prevention of Corruption Act, 1988, Sec 7 and Sec 13(1)(d) read with Sec 13(2) – Proof of demand and acceptance of illegal gratification is essential to establish offence of bribery; mere recovery of money without proof of demand is insufficient. 2) Criminal Law – Sanction for Prosecution – Sanctioning authority must apply its mind and state grounds of satisfaction; failure to do so renders sanction and subsequent prosecution invalid.
1) Criminal Law – Prevention of Corruption Act, 1988 – Sections 7 and 13(1)(d) – Demand and Acceptance of Bribe – Prosecution must establish unequivocal evidence of demand and acceptance of bribe for conviction. 2) Criminal Law – Evidence – Appreciation of Evidence – Admission by complainant on cross-examination regarding the nature of payment can negate the claim of corrupt demand, underscoring the necessity for clear proof of criminal intent to sustain conviction.
1) Land Acquisition – The Land Acquisition Act, 1894 – Section 4 – Principles of awarding compensation require fair market value consideration, including valuation of fruit-bearing trees separately if land valuation is based on vacant land statistics. 2) Compensation Law – Judicial Principles of Just Compensation – Courts have duty to award just and fair compensation based on evidentiary record irrespective of the amount claimed by the parties, relying on established Supreme Court precedents.
1) Criminal Law – Code of Criminal Procedure, Section 482 – Power of court to quash FIR – The inherent power under Section 482 should be exercised sparingly and only when the complaint or FIR does not disclose a prima facie case or is shown to be an abuse of the court’s process. 2) Criminal Law – Indian Penal Code – Sections 448, 427, 454, 506 read with Section 34 – Offences related to criminal trespass, mischief, house-trespass, and criminal intimidation – The material on record including eyewitness statements must reveal a prima facie case before a prosecution can be permitted to proceed.
1) Criminal Procedure Code – Section 482 – The inherent powers of the High Court to quash FIRs and criminal proceedings can be exercised only in exceptional cases where no prima facie case is made out against the accused. 2) Indian Penal Code – Sections 294, 323, 506 and 34 – The offences of obscene acts, voluntarily causing hurt, criminal intimidation, and common intention require prima facie evidence to proceed with a trial.
1) Land Acquisition Act, Section 4(1) – Notification under section 4(1) triggers entitlement to compensation at a just rate determined by the Reference Court or appellate authority. 2) Compensation Law – Enhancement of compensation – Scope of escalation percentage – Consistent judicial view allows escalation up to 10% per annum on awarded land value to account for delay and inflation in land acquisition cases.
1) Arbitration Law – Arbitration and Conciliation Act, 1996 (Section 8) – The 2015 amendment to Section 8 mandates that courts must refer disputes to arbitration notwithstanding the presence of non-signatories or multiple causes of action, overcoming the earlier restrictive precedents such as Sukanya Holdings. 2) Civil Procedure – Code of Civil Procedure, 1908 – Order II Rules 3 and 6 – Plaintiffs have the right to join multiple causes of action against defendants, but courts have the power to order separate trials or sever causes of action when joinder defeats the legislative object of arbitration agreements.
1) NDPS Act, 1985 – Section 42 – Procedure for forwarding information regarding seizure or arrest to the superior officer – Compliance needed to validate arrest and seizure but mere non-compliance without prejudice may not be fatal to prosecution. 2) NDPS Act, 1985 – Section 50 – Rights of persons arrested for search and seizure – Search must be conducted by authorized officer in presence of a gazetted officer and panchas with proper intimation; non-signature by panchas on Section 50 letter does not necessarily vitiate the procedure.
1) Maharashtra Public Trusts Act, 1950 – Sections 50 and 51 – Require prior consent of the Charity Commissioner for institution of suits alleging breach of trust, negligence, or misapplication of trust property by trustees or for recovery of possession from trustees or ex-trustees. 2) Code of Civil Procedure, 1908 – Order VII Rule 11(d) – Court may reject plaint if suit is barred by law or non-compliance with mandatory statutory provisions such as consent under the MPT Act.
1) Service Law – Bail – Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 – Provides a bar against bail for accused involved with commercial quantity of contraband; the court must ascertain if "reasonable grounds" exist to believe the accused is guilty before refusing bail. 2) Evidence Law – Admissibility of Statements – Sections 26 and 27 of the Indian Evidence Act, Protection of confessional statements made to police officers, requiring discovery of facts or recovery to be admissible, establishing that statements without leading to new facts or recovery are inadmissible as evidence.
1) Property Law – Lease and Sub-Lease – The rights of a sub-lessee arising from a sub-lease granted by a lessee who holds a leasehold interest from the Government under a primary lease deed, and the legal implications of such sub-leases when primary leasehold rights are altered or returned by the lessee. 2) Administrative Law – Due Process – The requirement that any eviction or interference with possession of leased/sub-leased premises must be undertaken only after following statutory procedure and due process of law, including proper notice and hearing.
1) Criminal Law – Code of Criminal Procedure, 1973, Section 321 – Withdrawal of Prosecution – The Public Prosecutor may seek to withdraw a prosecution with the consent of the court; the court must apply judicial mind to ensure the withdrawal is not for illegitimate reasons and is in the interests of justice (as elucidated in State of Kerala v. K. Ajith, (2021) 17 SCC 318). 2) Criminal Law – Constitution of India, Article 136 – The Supreme Court has held that no prosecution against sitting or former MPs/MLAs shall be withdrawn without the prior leave of the High Court, ensuring judicial oversight over such withdrawals (Ashwini Kumar Upadhyay v. Union of India, (2021) 20 SCC 599).
1) Constitutional Law – Articles 14 and 21 – Equality and Right to Life and Personal Liberty – The State must ensure substantive equality by removing barriers to enable persons with disabilities to participate equally in public examinations, thereby transforming formal rights into effective opportunities. 2) Rights of Persons with Disabilities Act, 2016 – Accessibility and Inclusion – Public authorities conducting examinations must provide reasonable accommodations including use of assistive technologies such as scribes and screen readers to safeguard rights of persons with disabilities.
1) Criminal Law – Indian Penal Code, Sec 376(1) & POCSO Act, Sec 4 – Establishment of sexual assault – The prosecution must prove the offence beyond reasonable doubt, and child witness testimony requires careful scrutiny to rule out tutoring. 2) Criminal Law – POCSO Act, Sec 29 – Presumption of culpable mental state – Applicability of presumption under Section 29 depends on conclusive evidence establishing the offence; benefit of doubt negates such presumption.
1) Criminal Law – Information Technology Act, Section 67A – The Court at discharge stage under Section 250 BNNS Act (old Section 227 CrPC) must examine only existence of prima facie material to proceed with trial and not conduct in-depth scrutiny of evidence. 2) Criminal Law – Criminal Procedure Code, Sections 227 and 228 – At discharge stage, the Court’s duty is limited to determining whether sufficient grounds exist to frame charges and direct the accused to face trial.
1) Negotiable Instruments Act, 1881 – Section 138 – Dishonor of Cheque – Presumption of Debt or Liability – The complainant must establish the existence of a legally enforceable debt and issuance of cheque in discharge thereof; alterations on the cheque and doubtful documentary evidence can rebut the presumption. 2) Evidence – Burden of Proof – The complainant carries the burden to prove the existence of loan agreement and delivery of cheque in support thereof; unexplained alterations and absence of corroborative witnesses weaken the complainant’s case.
1) Criminal Law – Indian Penal Code, 1860, Sec 376(2)(f)(i)(j)(k) & POCSO Act, 2012, Sec 6 – Requirement of proving the offence beyond reasonable doubt, particularly considering contradictions or improvements in the testimony of child victims and corroboration by other evidence. 2) Criminal Law – Evidence – Role of medical evidence and witness statements; medical opinion evidence cannot alone suffice when material contradictions exist in victim testimony, affecting the overall proof of offence.
1) Criminal Law – Indian Penal Code, Sections 354 and 354(D) – The prosecution must establish the acts of outraging the modesty and stalking beyond reasonable doubt, especially where the victim is a minor and belongs to a Scheduled Caste, to attract penal liability. 2) Criminal Law – Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Sections 3(1)(v)(w) – Essential ingredients under this Act require clear corroboration and proof of caste-based atrocity, failing which acquittal may follow despite victim’s status.
1) Prevention of Corruption Act, 1988 – Sections 7 and 13(1)(d), 13(2) – Demand and acceptance of bribe must be established beyond reasonable doubt for conviction under the Act. 2) Criminal Law – Evidence – Sanction for prosecution under Prevention of Corruption Act – Sanction order must reflect application of mind and grounds of satisfaction to be valid for trial to proceed.
1) Criminal Law – Indian Penal Code – Section 302 – Murder – Circumstantial Evidence – The chain of circumstances must be complete and unerringly point to the guilt of the accused, excluding any reasonable possibility of innocence. 2) Criminal Law – Indian Evidence Act – Section 106 – Burden of Proof – When circumstantial evidence is relied upon, the accused is under obligation to provide a plausible explanation to dispel the inference of guilt.
1) Finance Act, 2019 – Section 124 – Relief under Sabka Vishwas (Legacy Dispute Resolution) Scheme – Distinction between Litigation category under Section 124(1)(a) applicable where tax dues are pending adjudication and Arrears category under Section 124(1)(c) applicable where tax dues have attained finality. 2) Finance Act, 2019 – Section 124(2) – Adjustment of pre-deposit or deposits at any stage of appellate proceedings or enquiries to be deducted from the amount payable under the scheme.
1) Industrial Disputes Act, 1947 – Section 36(3) and Section 36(4) – Representation by legal practitioners before Labour Courts and Tribunals is generally prohibited but permitted with consent of other parties and leave of the Court; both conditions are mandatory and refusal of consent cannot be arbitrary or mechanical. 2) Constitutional Law – Articles 14 and 21 – Right to fair trial and due process includes right to effective representation; denial of legal representation to a party unable to represent itself effectively would violate principles of natural justice and equality before law.
1) Real Estate Regulation and Development Act, 2016 – Section 43(5) proviso mandates that an appeal by a promoter before the Appellate Tribunal shall not be entertained unless the promoter deposits the total amount payable to the allottee, including interest and compensation imposed, highlighting the mandatory nature of compliance for admission of appeals. 2) Real Estate Regulation and Development Act, 2016 – Assam RERA Rules, 2017, Rule 17 prescribes calculation of interest on amounts directed to be refunded by the promoter, reinforcing the principle of timely refund with prescribed interest as a protective measure for allottees.
1) Motor Vehicles Law – Central Motor Vehicles Act, 1989 – Rule 56 – Conditions for transfer of ownership of vehicles must be complied with for transfer to be considered by authorities. 2) Administrative Law – Government Notifications – Ministry of Road Transport and Highways Notification dated 3rd April 2023 – Vehicles can only be flagged as "not to be transacted" under specific categories such as legal heir complaints or court orders; absence of such authority renders flagging unlawful.
1) Subsidy Law – Central Capital Investment Subsidy Scheme, 2007 – Eligibility Criteria – Expenses on electrical components essential for plant operation connected on the plant side from the electric meter to finished goods production are eligible components of Plant & Machinery for subsidy purposes as per Ministry of Commerce & Industry clarification dated 25.02.2013. 2) Administrative Law – Writ – Review of subsidy claim rejection based on misconceived restriction – Clarification issued by competent authority mandating reconsideration of subsidy claims excludes hyper-technical disallowances that frustrate the scheme’s purpose.
1) Service Law – Recruitment – Advertisement Notification – The prescribed eligibility criteria in recruitment notifications are mandatory and cannot be substituted or relaxed based on purported equivalent qualifications unless expressly permitted. 2) Constitutional Law – Article 14 – Equality and Non-Arbitrariness – Appointment of ineligible candidates bypassing prescribed qualifications violates the principle of equality and fair competition under Article 14 of the Constitution of India.
1) Prevention of Corruption Act, 1988 – Section 17A – Prior approval necessary for investigation against public servants – Safeguards under this section protect public servants from frivolous allegations during their official duties and ensure due process is followed before inquiries can commence against them. 2) Bharatiya Nagarik Suraksha Sanhita, 2023 – Section 175(4) – Compliance with procedural requirements for investigating public servants – This section mandates obtaining a report from the superiors of the public servant before an investigation, which was not followed in this case.
1) Criminal Law – Bail – The court has the discretion to grant bail when the accused is not required for custodial interrogation and where the alleged offences are not punishable by death or life imprisonment. 2) Criminal Law – Witness Tampering – The court can impose stringent conditions to mitigate the risk of the accused tampering with witnesses or threatening the victims, even while granting bail.
1) Criminal Law – Bharatiya Nyaya Sanhita, 2023 & POCSO Act, 2012 – Sections 137(2), 64(2)(m), 5(L)/6 – Bail considerations in cases involving serious sexual offences and protection of children – Bail can be granted when it is unlikely that the accused will tamper with evidence and when delay in trial is considerable. 2) Criminal Procedure Code, 1973 – Section 437(3) – Conditions for grant of bail – Bail may be allowed subject to furnishing of personal bond and surety with conditions ensuring attendance and non-interference with witness or evidence.
1) Criminal Law – Bail – Section 439 Cr.P.C. and Section 483 Bharatiya Nagarik Suraksha Sanhita, 2023 – Bail is a rule, jail is an exception, and parity with co-accused who have been granted bail can be grounds for bail consideration. 2) Criminal Law – Offenses under BNS and IT Act – Custodial detention pending trial can be reviewed for bail where trial is likely to be prolonged and conditions under Section 437(3) Cr.P.C. can be imposed to ensure attendance.
1) Constitutional Law – Articles 19(1)(g) and 21 of the Constitution of India – The right to travel abroad is a fundamental right encompassed within personal liberty and freedom of movement under Articles 19(1)(g) and 21 and cannot be restricted except by law enacted by a competent legislature with due procedure established by law. 2) Recovery of Debts Due to Banks and Financial Institutions Act, 1993 – Section 19 – The Act and Rules do not confer any express or implied power upon the Debts Recovery Tribunal to restrict a person’s right to travel abroad or impose conditions relating to deposits or sureties for travel permission.
1) Criminal Law – Code of Criminal Procedure, Section 227 – The Court considering discharge application must find a strong suspicion grounded on materials that prima facie disclose commission of an offence to proceed with trial. 2) Criminal Law – Indian Penal Code, Section 354C – Voyeurism requires the victim to be engaged in a ‘private act’ with reasonable expectation of privacy; mere clicking pictures without such context does not constitute the offence.
1) Service Law – Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 – Section 14 – Acquisition of Land – State Government’s power to acquire land for slum redevelopment is subject to the preferential right of the landowner to develop the land under the slum rehabilitation scheme. 2) Urban Planning – Maharashtra Regional and Town Planning Act, 1966 and Slum Rehabilitation Authority (SRA) Schemes – Regulation 33(10) of DCR 1991 and DCPR 2034 – Slum redevelopment requires consent of owner or acquisition under Section 14; owner’s preferential right must be exhausted before acquisition can proceed.
1) Excise Law – Central Excise Act, 1944 – Section 2(f) – Definition of "manufacture" includes all processes integrally connected so that each is essential for producing the final product – Importance in deciding whether cumulative processes amount to manufacture with aid of power. 2) Excise Law – Exemption Notification No.5/98-CE Entry No.106 – Exemption applicable only if the entire process of fabric processing is without aid of power – Use of power in any integral manufacturing process stage negates exemption.
1) Muslim Women (Protection of Rights on Divorce) Act, 1986 – Section 3(1)(c) and (d) – Entitles a divorced Muslim woman to receive mahr/dower and all properties given to her before, at, or after marriage by relatives or husband, establishing her right to claim these after divorce. 2) Constitutional Law – Article 21 (Right to Life and Personal Liberty) – Interpreting the 1986 Act in light of dignity, equality, and financial protection of divorced Muslim women supports purposive construction favoring women’s rights post-divorce.
1) Motor Vehicles Act, 1988 – Section 147 – Liability of Insurance Company – Insurance policy for goods vehicles does not cover gratuitous passengers, making the insurer not liable for compensation in such cases. 2) Motor Vehicles Act, 1988 – Section 166 – Compensation claims – Gratuitous passengers are not entitled to claim compensation from the insurer when traveling in violation of the policy terms in a goods vehicle.
1) Criminal Law – Prevention of Corruption Act, 1988 – Sections 7 and associated provisions – Prima facie evidence of demand and acceptance of illegal gratification is necessary for framing charge and proceeding to trial. 2) Criminal Procedure – Code of Criminal Procedure, 1973 – Section 227 (old) / Section 250 (new B.N.S.S. Act) – At discharge stage, court’s function is limited to ascertaining existence of prima facie material, not detailed evidence analysis.
1) Criminal Law – Code of Criminal Procedure, 1973 – Section 227 – Discharge – The court at discharge stage is to consider whether there is prima facie material to proceed against accused, not to conduct a detailed evidence analysis. 2) Criminal Law – Indian Penal Code, Section 306 – Abetment of Suicide – To attract liability, material must show proximate, cogent evidence of abetment or aiding in commission of suicide by accused.
1) Service Law – Unfair Labour Practices – Labour Court’s power to direct reinstatement with back-wages when termination is held illegal and employee was not gainfully employed during period of absence. 2) Service Law – Compensation in lieu of reinstatement – Principle that when employee attains superannuation during pendency of proceedings, lump-sum compensation may be awarded, but must be rational and reasoned.
1) Insurance Law – Motor Vehicle Act, 1988 – Section 149 – Liability of insurer – An insurance company is liable to indemnify only for accidents occurring during the validity period of the insurance policy. 2) Contract Law – Privity of Contract – Insurance coverage arises only after the contract becomes effective; no liability exists for incidents occurring prior to the contract commencement.
1) Depositories Act, 1996 – Section 16 – Liability of Depository – Depository is statutorily liable to indemnify beneficial owners for losses caused due to negligence of Depository Participants acting as its agents, regardless of Depository’s knowledge or direct involvement. 2) Securities and Exchange Board of India (SEBI) Circulars – Regulation and supervisory framework – SEBI circulars delineate the roles and responsibilities of Depositories and Stock Exchanges regarding unauthorized use of Power of Attorney (POA) by brokers and DPs and allocate compensation liability accordingly, reinforcing Depository’s obligation to compensate for negligent acts of DPs.
1) Service Law – Maharashtra Public Trusts Act, 1950 – Section 22 and Section 70A – Mandates an enquiry in prescribed judicial manner before accepting Change Reports affecting Trust administration and empowers Charity Commissioner to revise orders irrespective of locus standi of applicant. 2) Trust Law – Quorum and Trustee Removal – According to Trust Deed clause and judicial precedents, Change of Trustees requires valid quorum and proper notice to all Trustees, and any resolution passed without these is liable to be set aside.
1) Labour Law – Industrial Disputes Act, 1947 – Section 25F – Requires prior notice and payment of retrenchment compensation before termination of workmen – Non-compliance renders termination illegal and void. 2) Labour Law – Industrial Disputes Act, 1947 – Section 2(oo) – Definition of retrenchment includes oral termination – Oral termination without due process amounts to illegal retrenchment.
1) Civil Procedure – Code of Civil Procedure, 1908 – Order VI Rule 17 – Permitting addition of parties in execution proceedings depends on whether the proposed party can be made liable for the decree debt. 2) SARFAESI Act, 2002 – Section 13 – Auction purchaser of secured assets under SARFAESI Act does not assume liabilities of the defaulting party's business debts unless the entire business is sold as a going concern.
1) SARFAESI Act, 2002 – Sections 13, 14, and 31 – The Act allows a secured creditor to take possession and sell secured assets upon default, but agricultural land is exempted from such proceedings under Section 31, subject to factual determination. 2) Constitutional Law – Article 226 – Scope of writ jurisdiction to issue writ of mandamus against actions taken under SARFAESI Act, emphasizing the necessity of bonafide claim and misuse of process of law in judicial review.
1) Administrative Law – Licensing and Jurisdiction – Power of Deputy Commissioner under Government Orders No. 30-FS of 2003 and related notifications to issue licenses for Rice Husking Machines subject to fulfilling statutory conditions. 2) Constitutional Law – Article 19(1)(g) – Right to carry on profession or trade is subject to reasonable restrictions imposed by statutory licensing regime and administrative orders for regulation of agricultural machinery and environmental concerns.
1) Service Law – Retiral Benefits – Principles governing the payment of provident fund, gratuity, and leave encashment to retired employees and entitlement to interest in case of delay. 2) Administrative Law – Judicial Precedent – Binding effect of previous orders in petitions involving similar issues between the same parties or analogous facts.
1) Administrative Law – Principle of Natural Justice – Audi Alteram Partem Rule – The failure to afford an affected party an opportunity of hearing before passing an order results in denial of natural justice rendering the order liable to be set aside. 2) Service Law – Recruitment and Selection – Selection process challenged on grounds of merit and procedure – Proper adherence to due process and hearing is mandatory to uphold the validity of selection-related orders.
1) Procedural Law – Limitation – Delay Condonation – The court requires sufficient cause to be shown to condone delay in filing an appeal, and mere explanation of time taken to complete formalities after sanction is generally insufficient. 2) Preventive Detention – Efflux of Time – Once the detention order loses its efficacy due to lapse of time, the purpose of condoning delay in appeal against such order diminishes.
1) Criminal Law – Protection of Children from Sexual Offences Act, 2012 – Anticipatory Bail – The gravamen of the allegation involves sexual offenses against a minor, thus necessitating cautious consideration for anticipatory bail. 2) Criminal Procedure – Section 482 of the Code of Criminal Procedure – Anticipatory Bail – Courts have the discretion to grant anticipatory bail based on the specific facts of each case, particularly when there is substantial evidence of cooperation from the accused.
1) Bruhat Bengaluru Mahanagara Palike Act, 2020 – Section 248 – Provisional and Final Orders – The issuance of provisional and final orders by the authorities regarding building violations must comply with statutory provisions, providing grounds for challenging such orders through an appeal rather than direct judicial intervention. 2) Public Law – Appeal – The right to appeal is a critical mechanism for addressing grievances against administrative orders; failure to exercise this right appropriately can preclude further legal recourse in a court.
1) Constitutional Law – Articles 14 and 19(1)(g) – Reasonable Classification – Classification restricting allotment of shops to local dealers in the Gwalior Trade Fair constitutes a reasonable classification having rational nexus with the object of better management and control of the trade fair. 2) Constitutional Law – Article 245 and Seventh Schedule, List II, Entry 28 – Legislative Competence – State Legislature has legislative competence to enact an Adhiniyam for management and control of the Gwalior Trade Fair under Entry 28 (Markets and Fairs) of List II of the Seventh Schedule of the Constitution of India.
1) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Rules, 1995 – Rule 12(4) and Annexure-I prescribe graded relief payments to victims of atrocities contingent on continuation and outcome of prosecution. 2) Criminal Law – Victim status and compensation – A victim who turns hostile and thereby causes acquittal of accused ceases to qualify as a “victim of atrocity” under the Act and is not entitled to compensation.
1) Service Law – Pension and Increment – Supreme Court’s ruling in Civil Appeal No.3933/2023 clarified that annual increment earned on the last day of service becomes payable on the succeeding day, and pension must be enhanced accordingly, with retrospective effect subject to specific cut-off dates. 2) Administrative Law – Compliance with Apex Court Directions – Government departments and authorities are bound to implement the directions given by the Supreme Court regarding increments and enhanced pension for retired employees, subject to conditions related to timing of writ petitions and appeals.
1) Service Law – Pension and Increment – The entitlement to annual increment crystallizes upon completion of requisite service with good conduct and is payable on the succeeding day even if it coincides with the date of retirement, as per Director (ADMN) and HR KPTCL v/s C.P. Mundinamani (2023 SCC OnLine SC 401). 2) Service Law – Pension Enhancement – Supreme Court in Union of India v. M. Siddaraj (Civil Appeal No.3933/2023) clarified that enhanced pension inclusive of one increment will be payable from 01.05.2023 onwards for third parties, and with retrospective effect (up to three years prior) only for those who filed petition/application before relevant tribunals or courts within specified timelines.
1) Criminal Law – CrPC Section 313 – The mandatory requirement to put all material incriminating circumstances appearing against the accused distinctly for explanation is essential to ensure a fair trial and the principle of natural justice. 2) Criminal Law – CrPC Section 313 – Non-compliance with the Section 313 examination procedure may cause prejudice to the accused, leading to a failure of justice, requiring remand or retrial to uphold due process.
1) Criminal Law – Code of Criminal Procedure, 1973 – Section 320 – Power of Court to compound offences – The High Court has inherent powers under Section 482 Cr.P.C. to quash FIRs and criminal proceedings for ends of justice even if the offences are non-compoundable under Section 320, depending on facts and circumstances. 2) Criminal Law – Dowry Prohibition Act and IPC Sec. 498-A & 506 – Non-Compoundable Offences – Settlement between parties in matrimonial disputes may be considered as a ground for quashing proceedings under inherent powers of the Court when continuing the trial would be unfair or contrary to justice.
1) Constitutional Law – Right to Life and Personal Liberty (Article 21, Constitution of India) – The State has a duty to protect individuals’ life and personal liberty from threats and harm, including from non-state actors such as family members. 2) Criminal Law – Police Protection – The police are obligated to assess and provide necessary protection when a credible threat to life exists, and to counsel persons inimical to peaceful living in accordance with law.
1) Family Law – Hindu Marriage Act, 1955, Section 13(1)(ia) – Mental Cruelty – Includes conduct causing such mental pain or suffering that cohabitation becomes impossible; post-compromise cruelty revives earlier grounds for divorce. 2) Family Law – Hindu Marriage Act, 1955, Section 13(1)(ib) – Desertion – Continuous separation with intent not to cohabit (animus deserendi) amounts to desertion justifying divorce.
1) Motor Vehicles Act, 1988 – Section 166 – Claims – Provides for claim of compensation for injury caused by the rash and negligent driving of a motor vehicle. Importance: Establishes the liability of insurer and driver to compensate the injured claimant. 2) Motor Accident Compensation – Multiplier Method – Application of appropriate multiplier based on the age of injured for calculation of compensation; reliance on judgment in Sarla Verma v Delhi Transport Corporation (AIR 2009 SC 3104) which clarifies correct multiplier usage. Importance: Accurate multiplier impacts rightful compensation amount.
1) Preventive Detention Law – Maharashtra Prevention of Dangerous Activities Act, 1981 – Section 3(1) – The detaining authority’s subjective satisfaction based on relevant material that a person is acting in a manner prejudicial to public order is essential for a valid detention order. 2) Constitutional Law – Article 21 of the Constitution of India – Right to Personal Liberty – Preventive detention orders must satisfy strict legal standards, including adequate communication of grounds and consideration of bail orders and material to uphold fundamental rights against illegal detention.
1) Criminal Law – Protection of Children from Sexual Offences Act, 2012 – Section 2(d) defines ‘child’ as a person below eighteen years; determination of victim’s age is crucial to invoke POCSO Act provisions. 2) Evidence – Ossification Test – Age determination through radiological ossification test carries a margin of error of two years on either side; upper limit of age range must be considered in child sexual offence cases, affecting applicability of POCSO.
1) Service Law – Maharashtra Employees of Private Schools (Conditions of Service) Act, 1977 – Section 5(2) – Continuous service on probation and statutory protection for permanent teachers – Once permanency is attained under the Act, termination without due process is illegal. 2) Service Law – Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 – Rules 35 to 37 – Prescribes the procedure for termination and imposition of penalties; non-adherence renders termination unlawful.
1) Electricity Law – Electricity Act, 2003 – Section 2(15) – Definition of Consumer – The term “consumer” requires sanctioning of electricity connection in the person’s name or authorisation by the licensee for electricity use; mere physical occupation or tenancy does not confer consumer status. 2) Electricity Law – Electricity Act, 2003 – Sections 126 & 127 – Unauthorised Use & Appeal – Section 126 mandates provisional and final assessments against persons found indulging in unauthorised use of electricity; appeals under Section 127 lie only with the “person aggrieved,” i.e., the person served with the assessment order and legally affected thereby.
1) Service Law – Maharashtra Cooperative Societies Act, 1960, Section 88 – Authority of the authorised officer to conduct enquiry and submit report ceases upon replacement by the Registrar; any act thereafter is without legal authority. 2) Administrative Law – Doctrine of functus officio – Once an officer’s statutory authority ends through replacement, he cannot continue quasi-judicial functions; acts done without authority are void even if officer is unaware of cessation.
1) Negotiable Instruments Act, 1881; Section 138 – Rights of complainant as victim to file appeal under related procedural law (BNSS/Cr.P.C.). 2) Criminal Procedure Code (BNSS, 2023), Section 413 (corresponding to Section 372 Cr.P.C.) – Right of victim (complainant) to prefer an appeal against acquittal.
1) Criminal Procedure Code; Section 2(wa), Section 372 (proviso), Section 378(4) – Interpretation of victim's right to appeal in cases under Section 138 of the Negotiable Instruments Act. 2) Negotiable Instruments Act, 1881; Section 138 – The complainant as the victim of a deemed offence, entitled to appeal against acquittal under the CrPC.
1) Criminal Law – Code of Criminal Procedure, 1973 – Section 125 – Maintenance – Obligation of liable person to provide maintenance to wife and children unable to maintain themselves. 2) Family Law – Maintenance – Principles relating to determination of maintenance amount considering the financial capacity of the husband and the needs of the dependents.
1) Criminal Procedure Code (Cr.P.C.) – Section 372 – Right of Victim to Appeal – Interpretation of "victim" under Section 2(wa) Cr.P.C. and its correspondence with BNSS Section 2(y). 2) Negotiable Instruments Act, 1881 – Section 138 – Complaint and Appeal Mechanism – Applicability of Supreme Court ruling in M/s. Celestium Financial v. A. Gnanasekaran recognizing complainant as victim with statutory appeal rights.
1) Criminal Law – Indian Penal Code, Sections 306, 406, 420, 120B, 114 – Abetment of Suicide – To convict under Section 306 IPC, there must be proof of suicidal death and active instigation or intentional aid by the accused with clear mens rea establishing proximate and live link to the suicide. Mere harassment or general allegations do not suffice. 2) Criminal Law – Indian Penal Code, Section 405/406 – Criminal Breach of Trust – Requires proof of entrustment of property to the accused and dishonest misappropriation or conversion with fraudulent intention at the time of transaction; mere breach of contract or transaction without dishonest intention is insufficient.
1) Constitutional Law – Article 226 – Writ of Habeas Corpus – The writ is an extraordinary discretionary remedy to secure immediate release from illegal or improper detention, including unlawful custody of minors; it is maintainable only when detention is without authority of law. 2) Guardianship – Hindu Minority and Guardianship Act, 1956, Section 6 & Section 13 – Natural guardianship by father does not override the paramount consideration of the welfare of the minor; guardianship and custody arrangements must prioritize the child’s welfare even if custody is not with the natural guardian.
1) Criminal Law – Indian Penal Code – Sections 299, 300, 302, and 304 – The distinction between murder (Section 302) and culpable homicide not amounting to murder (Section 304 Part I) depends primarily on the presence or absence of intention to cause death and the applicable exceptions under Section 300 IPC. 2) Criminal Law – Indian Penal Code – Section 300 Exception 4 – An act causing death during sudden fight without premeditation and heat of passion falls under Exception 4 to Section 300, thereby reducing the offence from murder to culpable homicide not amounting to murder.
1) Constitutional Law – Article 22(3) of the Constitution of India – Preventive Detention – This provision permits preventive detention as an extraordinary power to be used sparingly and only in rare cases as an exception to personal liberty under Article 21. 2) Criminal Law – Gujarat Prevention of Anti-social Activities Act, 1985 – Section 3(1) – Detention valid only if activities of detenue are prejudicial to the maintenance of public order and must be supported by sufficient material facts, not based on mere criminal charges where bail is granted.
1) Criminal Law – Indian Electricity Act, 1910, Section 39 – Theft of Energy – Dishonest abstraction constitutes offence – Proof must show dishonest abstraction by the accused for conviction. 2) Evidence Law – Indian Evidence Act, Sections 101 and 106 – Burden of Proof – The prosecution must prove the accused’s involvement beyond reasonable doubt, especially where confession statements are signed under protest and no documentary proof establishes ownership or control.
1) Companies Act, 1956 – Section 456 – Custody of Company’s Property – The liquidator’s authority to take custody of assets and properties is limited strictly to the property of the company undergoing winding up and does not extend to properties owned by third parties. 2) Company Law – Winding Up Proceedings – Possession of property not belonging to the company undergoing liquidation taken by the Official Liquidator without authority is illegal and must be restituted to the rightful owner.
1) Service Law – Medical Education – Postgraduate Medical Education Regulations, 2023 – Clause 10.10.1(G) of NEET-PG Information Bulletin mandates aggregate MBBS marks be correctly stated and is used as a tie-breaker criterion. 2) Constitutional Law – Article 226 – Court’s power to grant relief in cases where strict application of rules causes disproportionate prejudice due to inadvertent errors without mala fide intent.
1) Service Law – Compassionate Appointment – The entitlement to a particular class of post under compassionate appointment is subject to fulfillment of eligibility conditions, such as possession of required certificates (e.g., CIC certificate). 2) Service Law – Seniority and Promotion – An employee’s service on a particular class of post cannot be retrospectively altered to a higher class if the original appointment was based on the employee’s waiver or inability to fulfill conditions for that higher post.
1) Motor Vehicles Act, 1988 – Section 173 – Burden of proof and negligence – The claimant’s evidence supported by documentary proof such as FIR and panchnama can establish negligence on the part of the driver when the opponent fails to produce counter-evidence or examine material witnesses. 2) Motor Accident Claims – Principle of contributory negligence – Negligence can be apportioned on the basis of preponderance of probabilities where both parties share fault, resulting in proportionate reduction of compensation.
1) Land Acquisition Act, 1894 – Section 11 – Mandates that upon an Award passed under the Act, affected parties may submit Reference Applications to the Land Acquisition Collector, who is required to forward such applications to the appropriate Civil Court for adjudication. 2) Civil Procedure – Registration of Reference Applications – Timely and proper registration and forwarding of Reference Applications by the authority is essential to ensure the right of claimants to adjudication and to avoid delay which could financially burden the Government.
1) Criminal Law – Indian Evidence Act, 1872, Section 106 – Last seen together theory shifts burden on accused to explain circumstances of death when last seen with deceased; provides an additional link in circumstantial evidence. 2) Criminal Law – Circumstantial evidence principles (Sharad Birdhi Chand Sarda v. State) – All incriminating circumstances must be fully established, complete, consistent only with guilt, conclusive, and form an unbroken chain excluding all reasonable hypotheses other than guilt.