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1) Section 307 IPC requires proof of intention or knowledge to cause death and the nature and severity of injury to establish attempt to murder. 2) Section 34 IPC requires proof of common intention shared by accused during the commission of offence. 3) The Probation of Offenders Act allows release of youthful offenders on probation under certain conditions to promote reform rather than punishment.
1) Extra judicial confession must be voluntary, truthful, and made in a fit state of mind to be relied upon for conviction. 2) Conviction based on circumstantial evidence requires a complete, unbroken chain of events pointing only to the guilt of the accused. 3) Confession made in presence of police personnel raises doubts about voluntariness and reliability, affecting admissibility.
1) The provisions of Section 5 of the Limitation Act, 1908 apply to applications for condonation of delay in filing appeals. 2) Government departments are under a special obligation to act diligently and cannot seek condonation of delay based on procedural red-tape or bureaucratic delays without sufficient cause. 3) Condonation of delay is an exception and cannot be granted as a matter of right, especially where no plausible or bona fide explanation is provided.
1) The power of the Court to quash FIR or criminal proceedings under Section 482 Cr.P.C. (Section 528 BNSS) is to be exercised sparingly and only in rare cases where no prima facie offence is disclosed. 2) Allegations in the FIR or complaint, if taken at face value and accepted in entirety, must prima facie constitute an offence to sustain criminal proceedings; otherwise, quashing may be appropriate. 3) Courts cannot decide questions of fact, reliability, or appreciation of evidence at the stage of considering quashing petitions and must restrict to legal sufficiency of allegations.
1) The power under Section 482 CrPC to quash FIR or criminal proceedings is to be exercised sparingly and only in the rarest of rare cases. 2) At the stage of quashing, the court cannot delve into the reliability or genuineness of the allegations but must see only if a cognizable offence is disclosed on the face of the FIR. 3) Proceedings relating to cognizable offences cannot be interfered with except on limited and established grounds as laid down by the Supreme Court in State of Haryana v. Bhajanlal.
1) Under Section 138 of the Negotiable Instruments Act, the complainant must establish his locus standi by proving ownership or right to receive payment under the cheque. 2) Documentary evidence is necessary to connect the complainant to the payee firm named in the cheque for maintaining a complaint under the Negotiable Instruments Act. 3) When evidence leads to two possible conclusions, the benefit must be given to the accused as per the principle of favoring the accused.
1) The distinction between 'law and order' and 'public order' is crucial in determining the validity of preventive detention under the Gujarat Prevention of Anti-social Activities Act, 1985. 2) A mere disturbance of law and order does not necessarily warrant preventive detention; it must be established that the individual's activities adversely affect public order. 3) The subjective satisfaction of the detaining authority must be supported by sufficient material demonstrating the likely adverse effect of the detainee's actions on the maintenance of public order.
1) Under the Prevention of Corruption Act, the prosecution must prove that a public servant demanded and accepted illegal gratification as a sine qua non for establishing guilt. 2) The presumption under Section 20 of the Prevention of Corruption Act arises only upon proof of demand and acceptance, and cannot substitute for proof of these essential elements. 3) Inconsistent testimonies of key witnesses necessitate careful scrutiny and may lead to reasonable doubt regarding the accused's guilt.
1) The prosecution must establish the involvement of the accused with clear and credible evidence when dealing with serious offenses such as arson. 2) In cases involving rival community tensions, courts should exercise caution due to the potential for biased witness testimonies. 3) The failure to produce key evidentiary items, such as ownership documents for the allegedly burnt property, undermines the prosecution's case.
1) Preventive detention under the Gujarat Prevention of Anti-social Activities Act requires that the detainee's actions must adversely affect or be likely to affect public order. 2) The distinction between "law and order" and "public order" is crucial in determining the validity of a detention order. 3) Mere allegations or incidents that do not affect the community at large do not justify preventive detention under the Act.
1) The authority of the Central Administrative Tribunal to order interim relief in salary matters pending investigation or enquiry. 2) The effect of false educational qualifications on service benefits and salary entitlement. 3) The impact of suspension and superannuation on the entitlement to salary and related relief.
1) The Sarva Shiksha Abiyan (SSA) scheme and its norms govern the establishment of Education Guarantee Centres (EGS Centres), including requirements on habitation existence, minimum student enrolment, and distance from existing schools. 2) Engagement orders for Education Volunteers under SSA require verification of habitation legitimacy, candidate qualifications, and compliance with specified SSA guidelines before issuance. 3) Administrative decisions to deny creation of a new EGS Centre or engagement orders based on non-existence of habitation or failure to meet SSA norms are subject to judicial scrutiny for legality and procedural correctness.
1) Eligibility for ACP/MACP benefits requires continuous regular service under the State Government, excluding past service in autonomous bodies or PSUs before absorption. 2) Financial upgradations under ACP/MACP schemes are executive incentives and do not confer vested rights; entitlement depends on the employer’s discretion and scheme conditions. 3) Non-joinder of a necessary party, such as an autonomous corporation (MTDC), in service-related litigation is a substantial defect affecting maintainability.
1) The grant of anticipatory bail depends on prima facie evidence regarding the involvement of the accused in the offence. 2) Seriousness of the offence and stage of investigation are important factors in bail considerations. 3) The benefit of doubt may be granted if there is no direct evidence implicating the accused at the time of bail application.
1) Burden of proof lies on the prosecution to prove the age of the prosecutrix beyond reasonable doubt in cases under POCSO Act and IPC section relating to sexual offences against minors. 2) Birth certificate, despite being a public document, can be disbelieved if there is sufficient evidence regarding tampering or discrepancies affecting reliability. 3) Medical age assessment such as ossification and X-ray reports provide approximate age with a margin of error and cannot conclusively determine exact age for legal purposes.
1) A review petition under Order 47 Rule 1 CPC requires demonstration of an error apparent on the face of the record to be maintainable. 2) Review proceedings are not an opportunity for re-hearing or re-argument of the case de novo and cannot be used as an appeal in disguise. 3) The Courts have consistently held that errors which require fishing or searching are not ground for review.
1) The scope and ambit of Review Jurisdiction under Order 47 Rule 1 CPC are limited and do not permit re-hearing or appeal on merits. 2) A decision cannot be reviewed merely because it is erroneous on merits; review is confined to error apparent on the face of the record. 3) Review proceedings must adhere to established parameters and cannot be used to reargue settled matters or raise new grounds not brought earlier.
1) Applicability of Indian Succession Act, 1925 and absence of exemption under Section 3 for the tribal community involved. 2) Proof of adoption and succession rights under either statutory law or customary law, and the burden of evidence required. 3) The principle that in absence of applicable Hindu law or proven custom, courts apply natural justice, equity, and good conscience for property succession.
1) The policy dated 07.10.2016 classifies daily wagers into skilled, semi-skilled, and unskilled categories with corresponding pay scales. 2) Employees classified under the said policy are entitled to pay scales applicable to their respective categories but not to the minimum scale of the post on which they were earlier performing duties. 3) Employees can claim arrears and pay revision only from the date of their classification under the policy and not for the period prior to it.
1) Classification of daily wagers as permanent employees under a State Government policy entitles them to pay scales as per their categorized posts. 2) Once benefits under a specific policy (07.10.2016) are extended, prior claim to minimum pay scale arrears before that policy is not sustainable. 3) Claims for arrears and pay revision must follow the procedure by filing representation to the concerned authority for consideration and assessment.
1) Legal principles governing recovery from retiral dues post-retirement as established by the Supreme Court in State of Punjab vs Rafiq Masih. 2) Binding effect of a Full Bench decision on similar issues relating to recovery of dues from retired employees. 3) Requirement for authorities to decide claims involving recovery in accordance with well-reasoned and speaking orders post retirement.
1) Section 156(3) and Sections 200, 210, 173 of the Criminal Procedure Code govern the registration, investigation, and adjudication of complaints and FIRs. 2) Courts have the authority to monitor police investigation timelines and can proceed with complaint adjudication if police reports are not submitted within prescribed statutory periods. 3) Judicial guidelines mandate time-bound disposal of complaints and provide mechanisms for clubbing complaint cases with police charge-sheet cases upon cognizance.
1) Disciplinary procedures and principles under service law for armed forces personnel including proof of charges and imposition of penalties. 2) Requirement of proving unauthorized absence and conduct unbecoming for imposing disciplinary punishment on a CISF constable. 3) Judicial scrutiny over proportionality and appropriateness of penalties imposed in disciplinary proceedings within disciplined forces.
1) The meaning of cruelty under Section 498-A IPC includes conduct likely to drive a woman to commit suicide or cause grave injury or harassment with a view to coercing unlawful demand for dowry. 2) Demand for dowry in any form by husband or relatives attracts Section 498-A IPC if it causes cruelty. 3) To sustain conviction under Section 498-A IPC, cruelty must be continuous or persistent or in close proximity to lodging of the complaint; petty quarrels do not amount to cruelty.
1) Under Rule 16.2(1) of the Punjab Police Rules, dismissal can be awarded either for the gravest act of misconduct or as a cumulative effect of continued misconduct, with regard to the length of service and claim to pension in the latter case. 2) A disciplinary authority must inform an employee if past misconduct will be taken into consideration while imposing punishment unless the proven charge is so grave as to independently warrant dismissal. 3) Reference to past misconduct in the dismissal order to add weight to the decision does not invalidate the punishment if the effective reason is a grave act of misconduct established by enquiry.
1) Section 86(1)(b) of the Electricity Act, 2003 mandates the State Commission to regulate electricity purchase and procurement including tariff approval. 2) Power Purchase Agreements (PPAs) involving tariff fixation require review and approval by the Electricity Regulatory Commission and cannot be unilaterally modified by the parties. 3) Amendments or supplementary PPAs stipulating enhanced tariff without prior approval of the Commission are invalid and unenforceable.
1) Section 3 of The Andhra Pradesh Motor Vehicle Taxation Act, 1963 imposes motor vehicle tax only on vehicles used or kept for use in a ‘public place’ as defined by the Motor Vehicles Act, 1988. 2) Rule 12A of the Andhra Pradesh Motor Vehicle Taxation Rules, 1963 presumes motor vehicles to be kept for use unless a prior written intimation of stoppage is submitted but must be read harmoniously with the statutory charging provision limiting tax liability to vehicles used or kept in public places. 3) The definition of ‘public place’ under Section 2(34) of the Motor Vehicles Act, 1988 requires a place to be accessible to the public to constitute a public place; enclosed premises with regulated access are not ‘public places’.
1) Forfeiture of gratuity under the Payment of Gratuity Act, 1972 can be effected if an employee is terminated for an act constituting an offence involving moral turpitude committed in the course of employment, without requiring criminal conviction. 2) The standard of proof in disciplinary proceedings is preponderance of probabilities, lower than the criminal standard of proof beyond reasonable doubt. 3) Judicial review of disciplinary authority findings is limited to ensuring a finding is not based on no evidence or perversity; courts should not reappreciate evidence or substitute their view on penalty.
1) Compassionate appointment under Clause 20(vi) of WBPDS (M&C) Order, 2013 requires submission of a formal application within 90 days of the dealer’s death, extendable up to 120 days on just and sufficient grounds. 2) A "No Objection" affidavit from other dependent legal heirs is a mandatory prerequisite for compassionate appointment, except when the applicant is the spouse of the deceased dealer. 3) The High Court’s power of judicial review under Article 226 is limited to checking jurisdictional errors, violations of natural justice, fundamental rights, or manifest illegality in administrative decisions, and does not extend to appellate review of factual findings.
1) Section 34(1)(a) of the Chhattisgarh Excise Act, 1915 requires the prosecution to prove that the accused was in possession of illicit liquor. 2) Non-compliance with statutory provisions during seizure, including the absence of sample seals, can lead to the invalidation of the prosecution's case. 3) The burden of proof rests with the prosecution to demonstrate beyond reasonable doubt that the seized property was in safe custody and properly handled.
1) A conviction under Section 302 IPC requires the prosecution to establish beyond reasonable doubt that the death was homicidal in nature. 2) Post-mortem findings indicating that burn injuries were post-mortem in nature can refute claims of accidental death or suicide. 3) The burden of proof may shift to the accused when the prosecution establishes the circumstances leading to the death of the victim.
1) The essential ingredients for a conviction under Section 306 of IPC involve proving abetment and the accused's intention to instigate the deceased to commit suicide. 2) Mere abusive language or disputes in domestic life do not amount to instigation required for a conviction under Section 306 of IPC. 3) The court must exercise caution in assessing evidence to determine if the victim's suicide was a result of the accused's actions or mere hypersensitivity to ordinary domestic discord.
1) Section 483 of the Bharatiya Nagarik Suraksha Sanhita provides for the grant of bail under specific circumstances relevant to criminal charges. 2) The Chhattisgarh Protection of Depositors Interest Act, 2005 and the Price Chit Fund and Money Circulation Scheme (Banning) Act, 1978 set out the legal framework for financial fraud and protection of depositors. 3) The Supreme Court’s interventions, including the formation of a High Powered Sale Committee, impact the consideration for bail when the primary accused seek to liquidate assets for the benefit of defrauded investors.
1) The "clean slate" doctrine in insolvency law allows resolution applicants to commence operations free of prior liabilities and obligations upon the approval of a resolution plan. 2) The obligation of disclosure in tender processes must be balanced against the legal ramifications of prior debarments following the acquisition of a company in insolvency. 3) The existence of an anonymous complaint does not automatically compel action against a bidder if due diligence under applicable guidelines is not observed by the responding authority.
1) The principles of natural justice require that reasons must be provided for administrative and quasi-judicial orders affecting individuals. 2) Non-communication of reasons in a decision that leads to civil consequences amounts to denial of a reasonable opportunity of hearing. 3) The requirement to provide specific details in show-cause notices is essential to avoid rendering the notice ineffective and merely formal.
1) Preventive detention under the Gujarat Prevention of Anti-social Activities Act, 1985 requires a clear nexus between the detenue's activities and a threat to public order. 2) The distinction between 'law and order' and 'public order' must be maintained; violations affecting only specific individuals do not warrant preventive detention. 3) The subjective satisfaction of the detaining authority must be based on substantial evidence that the detenue's activities are likely to adversely affect public order.
1) The distinction between "law and order" and "public order" is critical in cases of preventive detention under the Gujarat Prevention of Anti-social Activities Act, 1985. 2) Mere registration of criminal offences does not automatically justify preventive detention unless it can be established that such activities adversely affect public order. 3) The subjective satisfaction of the detaining authority must be based on sufficient material indicating the impact of the alleged activities on the public at large.
1) Preventive detention can only be justified if the activities of the individual adversely affect public order, not merely law and order. 2) The subjective satisfaction of the detaining authority must be based on sufficient material that demonstrates a genuine threat to public order. 3) The distinction between "law and order" and "public order" must be clearly established for a valid detention under the preventive detention laws.
1) Principles governing condonation of delay in filing appeals require sufficient cause to be demonstrated. 2) Judicial discretion plays a key role in condoning delay where adequate explanation is provided. 3) Consent or no objection from the respondents supports exercise of discretion in favor of condonation.
1) The classification and taxability of by-products under specific and general entries in tax statutes. 2) The principle that specific entries in a taxing statute override general or residuary entries. 3) Interpretation of "by-products" in commercial and legal parlance for assessing exemption under commercial tax laws.
1) Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 requires consideration of applications pertaining to attachment and sale of secured assets. 2) Judicial authorities must verify the existence of any pending proceedings or stay applications before the Debt Recovery Tribunal prior to adjudication under Section 14 of the SARFAESI Act. 3) The principles established in Equitas Small Finance Bank Ltd. v/s State of M.P. are binding on authorities deciding Section 14 applications under SARFAESI Act.
1) Annual increment crystallizes when a government servant completes the requisite length of service with good conduct, becoming payable on the succeeding day. 2) Supreme Court’s decision in Director (ADMN) and HR KPTCL v/s C.P. Mundinamani clarifies entitlement to annual increment after retirement. 3) The scope of retrospective payment of increments is governed by specific directions issued by the Supreme Court in Union of India v/s M. Siddaraj (Civil Appeal No.3933/2023).
1) Entitlement to annual increment crystallizes on completion of the requisite length of service with good conduct and becomes payable on the succeeding day of completion. 2) Annual increment earned on the last day of service is payable even after retirement, subject to period of entitlement as per Supreme Court directions. 3) The Supreme Court’s decision in Union of India v. M. Siddaraj (2025) governs the effective dates and retrospective payment of increments/ enhanced pension for retired government employees.
1) Entitlement to annual increment crystallizes on completion of requisite service with good conduct and becomes payable on the succeeding day after completion. 2) Enhanced pension reflecting increment is payable from the date specified by the Supreme Court, subject to conditions of finality of judgment and timing of writ petitions or applications. 3) Government circulars directing grant of annual increments to retired employees pursuant to Supreme Court decisions must be implemented with due regard to timelines and arrears limitations.
1) Principles governing ex parte proceedings in matrimonial cases and the requirement to carefully evaluate evidence before dismissing such suits. 2) Legal standards to establish cruelty and refusal to cohabit as grounds for divorce under matrimonial law. 3) The procedural fairness required in matrimonial disputes, including opportunities to file written statements and lead evidence.
1) Right to be considered for promotion is a fundamental service right under Articles 14 and 16 of the Constitution of India. 2) The Bihar Panchayat Elementary School Service Rules, 2012 and 2020 prescribe promotion and pay scale benefits for teachers completing 12 years of service and acquiring required training qualifications. 3) Denial or delay in granting promotion and pay benefits contrary to statutory rules amounts to discrimination and violation of constitutional rights.
1) Section 482 Cr.P.C. confers inherent powers on the High Court to quash criminal proceedings to serve the ends of justice. 2) Quashing of FIR in non-compoundable offences is permissible when the offences are predominantly private in nature and there is a genuine voluntary compromise between the parties. 3) The High Court must exercise caution and consider factors such as nature of offence, antecedents of accused, manner of compromise, and impact on society before quashing serious offence proceedings.
1) Section 37 of the NDPS Act imposes stringent conditions for granting bail in cases involving commercial quantity of narcotics. 2) The fundamental right to a speedy trial under Article 21 of the Constitution protects an accused from oppressive and prolonged pre-trial detention. 3) Courts must balance the legislative intent of strict NDPS provisions with the accused’s right to fair and expeditious trial, especially when delays are not attributable to the accused.
1) Under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023, the High Court has inherent jurisdiction to quash FIRs or criminal proceedings in the interest of justice. 2) Compounding of offences under Section 320 CrPC is distinct from the High Court's power to quash criminal proceedings and involves limited statutory provisions. 3) Quashing may be appropriate in offences predominantly of a private nature, such as matrimonial or family disputes, where the parties have fully compromised and continuation of proceedings would cause oppression or injustice.
1) Article 317 of the Constitution of India mandates that a member of a Public Service Commission can be removed only on the ground of ‘misbehaviour’, after a Supreme Court inquiry on the President’s reference. 2) ‘Misbehaviour’ under Article 317 must be given a wide and liberal interpretation distinct from ‘misconduct’ or ‘proved misbehaviour’ under other constitutional provisions, encompassing conduct that erodes public confidence in the constitutional office. 3) Removal under Article 317 is individual and in personam; collective responsibility of the Commission or its members cannot be invoked for individual removal unless specific personal acts or omissions constituting misbehaviour are proved.
1) Once recruitment has commenced under statutory subordinate legislation, executive instructions or policies cannot override or alter the rules governing that recruitment process. 2) Legitimate expectation arises for candidates that the recruitment process initiated under the extant rules will be completed fairly and non-arbitrarily. 3) A new recruitment policy with a prospective effect cannot be retrospectively applied to ongoing recruitment processes unless rules are amended accordingly.
1) Rules framed under the proviso to Article 309 of the Constitution of India are statutory subordinate legislation that cannot be overridden or amended by executive instructions or policy decisions without formal amendment. 2) Executive instructions issued under Article 166 of the Constitution can supplement but cannot supplant or override statutory rules governing recruitment and service conditions. 3) Candidates participating in a recruitment process conducted under statutory rules have a legitimate expectation that the process will be conducted fairly and consistently, and arbitrary cancellation without just cause infringes this expectation.
1) Executive instructions cannot override or supplant statutory Acts and rules but may only supplement or fill gaps in the absence of specific provisions. 2) Recruitment procedures and benchmarks must be fixed prior to the commencement of the recruitment process and cannot be changed mid-process. 3) Mere participation or provisional selection in a recruitment process does not confer an indefeasible right of appointment, but candidates hold a legitimate expectation of fair and non-arbitrary treatment that the process will be completed as per existing rules.
1) Section 245H(1) of the Income Tax Act empowers the Settlement Commission to grant immunity from penalty and prosecution, subject to provisos related to timing of prosecution initiation. 2) Section 279(1) of the Income Tax Act requires prior sanction from competent revenue authority before prosecuting under Section 276C(1). 3) Circulars and guidelines issued by CBDT, including the 2008 and 2019 circulars and the Prosecution Manual 2009, are binding on revenue authorities and regulate the initiation and continuation of prosecution proceedings.
1) Section 96 of the Civil Procedure Code (CPC) provides the right to appeal from every original decree passed by a court exercising original jurisdiction. 2) When a title suit and connected counter claim are tried together resulting in one trial, one finding, and one decision, a common appeal is maintainable. 3) Under Section 99 of CPC, no decree shall be reversed or substantially varied on account of any irregularity or defect not affecting the merits or jurisdiction of the Court.
1) Circumstantial evidence can sustain a conviction if the chain of circumstances excludes all reasonable doubt regarding the accused’s guilt. 2) Section 106 of the Indian Evidence Act places the burden on the accused to explain facts within his special knowledge once incriminating circumstances are established. 3) Investigative lapses or omissions do not necessarily vitiate the prosecution case if there is otherwise cogent and trustworthy evidence proving guilt beyond reasonable doubt.
1) The applicability and scope of Section 106 of the Indian Evidence Act, 1872 in shifting the burden of explanation to the accused when facts especially within his knowledge are proved by the prosecution. 2) The principles governing conviction on circumstantial evidence and the requirement that the chain of circumstances exclude every hypothesis except the guilt of the accused. 3) The requirement of proving criminal intent and motive in cases of homicide involving domestic relations under Sections 302 and 498A IPC.
1) A writ petition for mandamus to demarcate land is maintainable only when the grievance is of inaction by authorities. 2) Once authorities perform the alleged act, even if unsuccessfully, the writ petition’s cause may be rendered infructuous. 3) Petitioner must correctly identify possession or title to enable effective demarcation by authorities.
1) Section 399 IPC defines making preparation to commit dacoity requiring additional steps beyond mere assembly. 2) Section 402 IPC criminalizes the assembly of five or more persons for the purpose of committing dacoity. 3) The burden of proof lies heavily on the prosecution to establish guilt beyond reasonable doubt with clear and cogent evidence.
1) The NDPS Act regulates possession, sale, purchase, transport, and use of narcotic drugs and psychotropic substances including essential narcotic drugs as notified by the Central Government. 2) Cough syrups containing codeine within specified limits (not more than 2)5% concentration and 100 mg per dosage unit) are controlled as essential narcotic drugs under the NDPS Act and cannot be dispensed without proper authorization. 3) Section 37 of the NDPS Act mandates that bail can be granted only if the court is satisfied there are reasonable grounds to believe the accused is not guilty and is unlikely to commit an offence while on bail; the conditions are cumulative and strictly applied in NDPS cases.
1) Proceedings under Sections 82 and 83 Cr.P.C., declaring an accused as a proclaimed offender, generally preclude grant of anticipatory bail. 2) Anticipatory bail may be granted to a proclaimed offender in exceptional and rare cases, depending on the facts, nature of offence, and cooperation with investigation. 3) Courts must consider the initiation of proclamation proceedings seriously and not casually while deciding anticipatory bail applications.
1) A complainant under Section 138 NI Act qualifies as a "victim" under Section 2(wa) of the Cr.P.C. for the purpose of appeal rights. 2) The proviso to Section 372 Cr.P.C. permits a victim to appeal against an acquittal without requiring special leave under Section 378(4) Cr.P.C. 3) Procedural provisions must be interpreted pragmatically to serve the interest of justice and not obstruct it.
1) Section 138 of the Negotiable Instruments Act, 1881 governs the offense of dishonor of cheque for insufficiency of funds. 2) Proviso to Section 372 Cr.P.C. permits certain appeals without the necessity of special leave by the High Court. 3) Section 378(4) Cr.P.C. requires obtaining special leave of the High Court for an appeal against an acquittal in complaint cases.
1) Section 138 of the Negotiable Instruments Act, 1881 deals with dishonour of cheque as a criminal offence. 2) Proviso to Section 372 of the Criminal Procedure Code permits a victim to appeal against an order of acquittal without special leave. 3) Definition of "victim" under Section 2(wa) of the Criminal Procedure Code includes persons who suffer financial loss due to the offence.
1) Article 229(2) of the Constitution of India vests the Chief Justice of a High Court with exclusive power to make rules regulating conditions of service of officers and servants of the High Court, subject to approval by the Governor of the State for rules relating to salaries and allowances. 2) Rule 16 of the High Court of Tripura Services Rules, 2014 mandates that pay and allowances of High Court employees shall be on par with corresponding State Government employees, not with employees of the District Judiciary. 3) The doctrine of res judicata applies to writ petitions under Article 226 of the Constitution, barring re-agitation of claims already decided on merits between the same parties.
1) Recruitment Rules of Constable, Tripura Police, 2021 under Rule 8 mandate adherence to State Government orders regarding reservation and relaxation of age for special categories. 2) Reservation for categories not explicitly mentioned in Recruitment Rules but covered under Government notifications must be given effect in recruitment processes. 3) If a valid Government notification provides reservation for a category and is not expressly repealed, it remains binding on the recruiting authority.
1) Contractual employees without formal regularization are not entitled to death-cum-retirement gratuity, leave encashment, or pension benefits as per applicable service regulations. 2) Continuation of service on contract basis without regular appointment does not create a right for claiming regular employee benefits by estoppel or delay. 3) Salary and other dues are payable for the actual period of service rendered even if contractual terms expired, subject to correct computation and adjustment against any retiral benefits already paid.
1) An employee on deputation does not have an indefeasible right to continue in the borrowing department for the full prescribed period. 2) The borrowing department retains the authority to repatriate an employee to the parent department before the end of the specified deputation period. 3) Repatriation orders issued by the borrowing department are not automatically considered stigmatic if they do not reflect adverse findings or conclusions about an employee's performance.
1) Section 8 of the Hindu Marriage Act, 1955 provision that the validity of a marriage is not affected by the absence of registration. 2) Rule 3(a) of the Hindu Marriage and Divorce Rules, 1956 mandates the filing of a marriage certificate only if the marriage has been registered. 3) Technicalities in procedural laws should not defeat the substantive rights of the parties in matters of justice.
1) Principles governing grant of interim injunctions under Order 39 Rules 1 and 2 of the Civil Procedure Code—prima facie case, balance of convenience, and irreparable loss. 2) Rights of a wife to reside in the shared household under the Protection of Women From Domestic Violence Act, 2005—independent of ownership. 3) The impact of ownership rights vis-à-vis matrimonial rights and welfare of minor children in family law disputes concerning residence and occupancy.
1) A Lookout Circular (LOC) serves as an administrative measure to prevent a person from leaving the country during a criminal investigation. 2) Personal liberty and right to travel abroad can be curtailed only when necessary for investigation or trial, balancing state interest and individual rights. 3) Courts may impose conditional undertakings and securities to safeguard investigation interests while permitting travel.
1) The burden of proving tribal status under the Maharashtra Scheduled Castes, Scheduled Tribes, De-Notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation Of Issuance And Verification Of) Caste Certificate Act, 2000 is on the claimant. 2) The Scrutiny Committee may refer tribe claims to the Vigilance Cell for inquiry and verification, including conducting an affinity test when material produced is unsatisfactory. 3) Pre-constitution era records have significant probative value, but may be discarded if found fabricated or unreliable by competent authority.
1) Section 9 and Section 17 of the Arbitration and Conciliation Act, 1996 govern interim protection and interlocutory measures during arbitral proceedings. 2) Termination of contracts must be assessed based on the existence and terms of the applicable agreement and correspondence between parties. 3) An expired Power of Attorney and missed contractual deadlines affect the enforceability and entitlement to relief under arbitration agreements.
1) Deduction under Section 80IA of the Income Tax Act requires profits and gains to be “derived from” the eligible business, having a direct nexus with the business activity. 2) Interest income earned on funds mandatorily set aside or deposited for business purposes, and not out of surplus idle funds, qualifies as income derived from the eligible business for Section 80IA deduction. 3) Interest on TDS refunds arising due to wrongful deduction that forms part of business receipts is integrally connected to business income and qualifies for deduction under Section 80IA.
1) Para 11(2) of the West Bengal Kerosene Control Order, 1968 prohibits any person except licensed dealers from possessing kerosene exceeding 10 liters without appropriate permits. 2) Section 7(1)(a)(ii) of Act X of 1955 penalizes possession and storage of essential commodities such as kerosene oil beyond permissible limits without lawful authority. 3) The right to speedy trial under Article 21 of the Constitution requires expeditious disposal of criminal cases and the appellate process to be just, reasonable, and fair.
1) Strict adherence to approved Quality Assurance Plans (QAP) is mandatory for suppliers under contracts with Indian Railways. 2) Supplying products not conforming to the approved QAP without prior approval constitutes a major non-compliance attracting penal action. 3) Approval from the competent authority is required before localizing or manufacturing in-house items that were previously sourced from an approved vendor abroad.
1) An FIR containing vague and omnibus allegations against family members of the husband in matrimonial disputes may violate the principle of specific allegations required for criminal prosecutions. 2) Courts must exercise caution to prevent misuse of provisions like Section 498A IPC, asserting that mere familial ties do not justify implicating relatives in legal proceedings without concrete evidence of their involvement. 3) Judicial experience necessitates scrutiny of allegations in matrimonial disputes to avoid harassment and abuse of the legal process against innocent parties.
1) Bail applications under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 can be filed once the investigation is complete, represented by a charge sheet. 2) The nature and gravity of the offence, along with the role attributed to the applicant, are essential considerations for granting bail. 3) An applicant's right to seek bail strengthens when they are the sole breadwinner with dependents and the trial process is anticipated to take a considerable amount of time.
1) The High Court should refrain from exercising jurisdiction under Article 226 when there are disputed questions of fact involved in the case. 2) Alternative efficacious remedies should be pursued before approaching the High Court for relief in contractual matters. 3) The resolution of factual disputes necessary for the grant of relief sought in a writ petition is beyond the scope of Article 226 jurisdiction.
1) Under Section 498-A of the IPC, cruelty against a woman by her husband or his relatives is a punishable offence. 2) Anticipatory bail can be granted if the applicant demonstrates that the accusations are false or intended to harass. 3) Mediation proceedings can play a significant role in assessing the nature of disputes between parties in matrimonial cases.
1) Section 64(2)(m) of the Bharatiya Nyay Sanhita, 2023 pertains to offences related to sexual assault. 2) Section 6 of the Protection of Children from Sexual Offences Act, 2012 outlines the punishment for sexual offences against minors. 3) The delay in lodging a complaint regarding sexual offences can impact the credibility of the allegation.
1) The standard of proof in criminal cases requires evidence beyond reasonable doubt to support a conviction. 2) Material contradictions in witness testimonies can lead to reasonable doubt and affect the outcome of the case. 3) The principle of benefit of doubt applies when the prosecution's case is shaky or uncorroborated by strong evidence.
1) An FIR cannot be sustained if the allegations do not establish essential elements of the offence of cheating, particularly the presence of dishonest intention. 2) Criminal liability cannot be imposed on individuals who were not parties to an agreement and did not induce the complainant. 3) Restitution of the amount involved in a transaction negates the element of cheating, as there is no wrongful gain or dishonest intention present.
1) The credibility of witness testimony, particularly when it lacks corroboration from independent sources, is crucial in criminal prosecutions. 2) The acquittal of one co-accused can impact the evidentiary weight of testimonies against another accused in the same case. 3) The principles governing the sufficiency of evidence under Sections 307 and 323 of the IPC necessitate a careful review of the intent and circumstances surrounding the alleged offenses.
1) The Arbitration and Conciliation Act, 1996 allows disputes to be referred to arbitration if there exists a valid arbitration agreement between the parties. 2) Issues of maintainability and jurisdiction are inherently questions of law, which can be determined by the court on a preliminary basis without delving into facts. 3) The doctrine of lifting the corporate veil can be invoked when the entities involved share a common ownership or management, affecting the applicability of arbitration agreements.
1) Section 138 of the Negotiable Instruments Act, 1881 outlines the conditions under which dishonor of a cheque shall constitute an offense. 2) The concept of presumption under Section 139 of the Negotiable Instruments Act establishes that a cheque is presumed to be issued in discharge of a legally enforceable debt unless proven otherwise by the accused. 3) The scope of revisional jurisdiction is limited to examining the legality and propriety of the orders passed by lower courts without re-evaluating evidence unless there is an error in jurisdiction or law.
1) Preventive detention under the Gujarat Prevention of Anti-social Activities Act requires that the activities of the detenue must be likely to affect public order adversely. 2) Distinction exists between disturbances of law and order and those affecting public order, as addressed by the Apex Court. 3) Mere commission of offences does not automatically justify preventive detention unless it is shown to affect communal or public interests adversely.
1) Compassionate appointments are to be treated as substantive appointments under relevant government resolutions. 2) Delays in filing writ petitions are generally subjected to limitations, but claims related to service benefits can be considered if they arise from continuing wrongs. 3) Consequential benefits, including arrears, can only be granted for a period of three years prior to the filing of the writ petitions.
1) Article 14 of the Constitution of India guarantees the right to equality and prohibits discrimination. 2) The ability to file a writ petition under Article 227 allows for the redressal of grievances pertaining to judicial actions. 3) Observations made by the Trial Court or Appellate Court will not impede the petitioner's right to pursue a writ remedy for constitutional violations.
1) The principles of natural justice require that encroachments upon reserved land should only be removed after due process and consideration of rehabilitation rights of the occupants. 2) The Municipal Corporation has an obligation to assess the eligibility of unauthorized occupants for rehabilitation under its policies before proceeding with eviction. 3) The land reserved under the Town Planning Scheme must be appropriately documented and its purpose validated, necessitating due process in cases of encroachment.
1) The age of retirement for employees in Cooperative Societies is governed by SRO 233 of 1988, which stipulates retirement at 58 years. 2) Recommendations or draft amendments without formal statutory modifications do not have legal enforceability against existing statutory rules. 3) Changes to service conditions of employees in Cooperative Societies require formal amendments to the relevant Statutory Rules.
1) Article 22(1) of the Constitution mandates that every arrested person shall be informed as soon as may be of the grounds of arrest to enable effective consultation with a legal practitioner. 2) Section 43B(1) of the Unlawful Activities (Prevention) Act requires the arresting officer to inform the arrested person of grounds of arrest promptly and in a language understood by the accused. 3) Courts have held that non-compliance with Article 22(1) and Section 43B vitiates the arrest and justifies grant of bail notwithstanding statutory bail restrictions under Section 43D of the UAPA.
1) Essential qualification possession and proof thereof are distinct; possession of qualification prior to cut-off date is mandatory, proof by formal certificate or mark sheet may be directory. 2) Recruitment advertisement conditions requiring submission of certificates by cut-off date must be read with pragmatic flexibility; failure to produce originals by that date may not render candidate ineligible if qualification is otherwise acquired. 3) Courts should avoid over-formalistic and technical rigidity that defeats substance over form in eligibility for public employment and allow bona fide candidates to benefit if qualifications are genuinely acquired before the cut-off date.
1) Proof of demand and acceptance of illegal gratification is a sine qua non to convict under Sections 7 and 13(1)(d) of the Prevention of Corruption Act, 1988. 2) The presumption under Section 20 of the Prevention of Corruption Act can be raised only upon proof of voluntary acceptance of illegal gratification by the accused. 3) Irregularities or defects in sanction for prosecution under Section 19(3) of the Prevention of Corruption Act do not vitiate the trial proceedings unless it results in failure of justice.
1) Probate Court’s jurisdiction is limited to determining the genuineness and authenticity of the will and does not extend to deciding title disputes regarding the properties covered by the will. 2) Section 283 of the Indian Succession Act mandates the Court to issue citations inviting all persons claiming interest in the deceased's estate to participate in probate proceedings. 3) Section 213 of the Indian Succession Act bars establishment of rights under a will by executors or legatees unless probate or letters of administration are obtained.
1) Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 requires discretionary sentencing within prescribed limits without mandatory minimum sentence. 2) The court’s discretion in sentencing must consider factors like gravity of offence, manner of commission, age, and prospects for reformation to maintain proportionality. 3) Prolonged delay in trial and incarceration are relevant mitigating factors warranting leniency in sentence modification.
1) The discretion to award sentence under Section 15 of the NDPS Act involves consideration of the gravity of the offence and the circumstances of the accused. 2) The principle of proportionality requires the sentence to be neither excessively harsh nor unduly lenient, considering the nature and manner of commission of the offence. 3) Sentencing serves the dual purpose of deterrence and reformation, and courts should weigh all attending circumstances including age, conduct, and societal status of the accused before fixing sentence.
1) Section 528 of the BNSS, 2023 empowers the Court to quash FIR and subsequent proceedings on compromise between parties. 2) The Full Bench judgment in Kulwinder Singh vs. State of Punjab and others 2007 (3) RCR (Criminal) 1052, as approved by the Supreme Court in Gian Singh vs. State of Punjab (2012) 10 SCC 303, lays down principles for quashing criminal proceedings on compromise. 3) Voluntariness and absence of coercion or undue influence are essential for acceptance of compromise to quash criminal proceedings.
1) The definition of “child abuse” under Section 2(m) of the Goa Children’s Act, 2003 requires conduct involving cruelty, exploitation or deliberate ill-treatment beyond trivial or isolated incidents. 2) Section 504 IPC applies only when abusive or insulting language is intended to provoke a breach of peace. 3) The Probation of Offenders Act, 1958 may apply where offences carry punishments of less than seven years, allowing for suspension of sentence with conditions.