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1) Criminal Law – Indian Penal Code; Sec 395 – Dacoity – An essential element of the offence of dacoity is that it must be committed by five or more individuals; hence, conviction is not permissible if fewer than five are involved. 2) Criminal Law – Indian Penal Code; Sec 397 – Attempt to Cause Death – Conviction under Section 397 IPC is reliant upon the presence of a weapon capable of causing grievous hurt, which must be adjudicated properly in relation to the conduct of the accused.
1) Agrarian Law – Maharashtra Tenancy and Agricultural Lands Act, 1948 – Section 32F – Tenant’s Right of Purchase – The tenant’s right to purchase is postponed during the landlord’s disability (minority or widowhood), and the prescribed statutory period to exercise the right begins running only upon lawful intimation as per statute and rules. 2) Agrarian Law – Maharashtra Tenancy and Agricultural Lands Act, 1948 – Section 32P – Jurisdiction of Tribunal – The Tribunal’s power to resume and dispose of land under Section 32P arises only after the tenant’s right has become ineffective under Sections 32F, 32G, or 32M, and cannot be exercised prematurely without prior legal determination of ineffectiveness.
1) Maharashtra Co-operative Societies Act, 1960 – Section 22(2) mandates that a society must communicate refusal of membership within 15 days of decision or within 3 months of receipt of application, failing which the applicant is deemed admitted. 2) Maharashtra Co-operative Societies Act, 1960 – Section 23(2) provides a limitation period of 60 days to appeal a communicated refusal of membership to the Registrar; an appeal is not maintainable where no refusal has been communicated.
1) Industrial Law – Industrial Disputes Act, 1947 – Section 2(oo)(bb) and Section 25F – Temporary employment without sanctioned vacancy does not confer right to reinstatement or back wages upon cessation of service. 2) Public Employment – Constitutional Law – Articles 14 & 16 – Regularisation or absorption in the service requires appointment against sanctioned vacant posts following due recruitment procedure; judicial orders cannot create such posts or regularise employees appointed contrary to recruitment rules.
1) Arbitration Law – Arbitration and Conciliation Act, 1996, Section 11 – Provides for appointment of arbitrator and substitution of parties in arbitration proceedings; when a party dies, legal representatives must be clearly identified for substitution to proceed with arbitration. 2) Civil Procedure – Code of Civil Procedure, 1908, Order XXII, Rule 5 – Although the CPC strictly does not apply to arbitration proceedings, principles relating to substitution of legal representatives on death of a party can guide the court in determining the appropriate party to continue litigation or arbitration.
1) Prevention of Corruption Act, 1988 – Sections 7, 13(1)(d), 13(2) – To establish offence of demand and acceptance of bribe, prosecution must prove demand, acceptance, and corroborate the testimony of the complainant with independent evidence such as that of a shadow panch. 2) Criminal Procedure – Sanction for prosecution under Section 19 of Prevention of Corruption Act – Validity of sanction depends on due application of mind and proper appreciation of investigation materials, failing which the prosecution cannot be sustained.
1) Motor Vehicles Act, 1988 – Section 166 – Claims for Compensation – Contributory negligence may reduce compensation and requires evidence proving negligence of the claimant or deceased. 2) Motor Accident Claims – Assessment of Income for Compensation – Proper evaluation of deceased’s monthly income based on credible evidence and accounting documents is essential for determining compensation.
1) Maharashtra Protection of Interest of Depositors (MPID) Act, 1999 – Section 5(3) – Attachment of property presumed to have been acquired out of deposits collected by a financial establishment and the burden on respondents to prove legitimate source of funds to invalidate such attachment. 2) Evidence – Standard of Proof – In civil proceedings related to attachment, the burden lies on the property holders to disclose and prove source of large payments, especially cash components, failing which presumption favors the attachment under the statute.
1) Criminal Procedure – Bail – Principles governing grant of regular bail in heinous offences such as murder under Section 302 IPC; particularly, consideration of evidence strength and trial delay as per Union of India v. K.A. Najeeb (2021) 3 SCC 713. 2) Evidence – Admissibility and value of CCTV footage in establishing the active participation of accused in commission of crime forming a strong prima facie case.
1) Criminal Procedure – BNSS, 2023 – Section 223(1) Proviso mandates that no cognizance of an offence shall be taken without giving the accused an opportunity of being heard – This procedural safeguard is crucial to ensure fairness in proceedings and must be complied with strictly before taking cognizance. 2) PMLA, 2002 – Section 44(1)(b) complaints are governed by procedural safeguards of Chapter XVI (Sections 223-226) of BNSS, 2023 as it corresponds to Sections 200-204 CrPC – Hence, the proviso to Section 223(1) BNSS applies and a failure to grant hearing prior to taking cognizance vitiates the order.
1) Maharashtra Stamp Act, 1958 – Section 33A – The power to impound an instrument for deficient stamp duty lies exclusively with the Registering Officer who registered the document and cannot be exercised by any other authority. 2) Maharashtra Stamp Act, 1958 – Section 53A – Revisional jurisdiction to correct errors in stamp duty certification must be exercised within six years from the date of the Collector’s certificate; actions beyond this limitation period are barred.
1) Maharashtra Ownership Flats Act, 1963 – Section 10(1) first proviso – Provides a statutory right to flat purchasers to apply for formation of a cooperative society where the promoter fails to act within a stipulated period, mandating that such application must receive fair and prior consideration before subsequent competing proposals can be entertained. 2) Administrative Law – Principles of natural justice and fair adjudication – A quasi-judicial authority must act impartially, consider prior applications in sequence, avoid creating a fait accompli that prejudices pending claims, and conduct inquiries to verify authenticity of documents and allegations before making determination affecting statutory rights.
1) Transfer of Property Act, 1882 – Section 54 – An agreement for sale entitles the purchaser to seek specific performance only when the property is in existence and identifiable; speculative agreements executed prior to allotment do not confer a valid right. 2) Civil Procedure Code, 1908 – Order XXXIX Rules 1 and 2 – Test for grant of temporary injunction requires prima facie case, balance of convenience, and irreparable injury, which must be evaluated from the material on record at the interlocutory stage.
1) Service Law – Maharashtra Employees of Private Schools (Conditions of Service) Act, 1977 – Section 5 – Mandates that termination or removal of a teacher must follow due process, including departmental inquiry, ensuring protection against illegal termination. 2) Service Law – Reinstatement and Back Wages – Principles established by the Supreme Court in Constable Uma Shankaran v. Union of India (2026) – Illegal termination entitles the employee to reinstatement and back wages with interest if no alternate employment is proved.
1) Cooperative Housing Societies – Maharashtra Cooperative Societies Act, 1960 – Section 79A – Government’s power to issue binding directions in public interest to regulate transfer charges and premiums by housing societies. Statutory directions under this section impose a ceiling on transfer premium and transfer charges, overriding any contractual or bye-law stipulations inconsistent with such directions. 2) Cooperative Housing Societies – Maharashtra Cooperative Societies Act, 1960 – Section 154B(7) – Restrictions on transfer of share or interest – Transfers subject to payment of dues and acquisition of membership but such restrictions are subordinate to other provisions of the Act, including Section 79A, which regulates allowable charges and dues.
1) Civil Procedure - Summary Judgment - Order XIII-A of the CPC mandates that summary judgment can be granted only when there is no real prospect of a successful defense and no compelling reason for the matter to proceed to trial, ensuring that all disputes raising triable issues are addressed with evidence. 2) Contract Law - Lease Agreement - The obligations flowing from contractual agreements, including rent liability, must be determined through evidence, particularly when there are contested facts regarding the termination or continuation of the agreements at issue.
1) Arbitration Law – Section 34 of the Arbitration and Conciliation Act, 1996 – Scope of Interference – The appellate court's interference under Section 34 is limited to cases involving perversity or patent illegality; the court cannot engage in re-appreciation of evidence. 2) Contract Law – No Claim Certificate – A No Claim Certificate and Full and Final Settlement Certificates executed by a party can bar subsequent claims related to contract work, effectively creating an independent and complete bar to claims raised post-execution.
1) The likelihood of repetition of offence and the accused's antecedents are critical factors in deciding bail under stringent statutes like the NDPS Act.
1) Courts exercise restraint in supervising interlocutory orders of tribunals and interfere only in cases of patent error of law or violation of fundamental rights.
1) Arbitration and Conciliation Act, 1996 – Section 34 – An arbitral award can be set aside if it is in conflict with the fundamental policy of Indian law or basic notions of justice, including the denial of proper opportunity of hearing to a party. 2) Arbitration and Conciliation Act, 1996 – Explanation 1 to Section 34 (Clauses ii & iii) – Grounds for setting aside an award include violation of public policy by denial of natural justice or violation of fundamental procedural safeguards.
1) Motor Vehicles Act, 1988 – Section 66 and Section 158 – Requirement of valid permit for plying vehicle within authorized geographic area and obligation to produce permit on demand. This determines the validity of insurance coverage. 2) Insurance Law – Pay and recover principle – Even if insurance company is exonerated from direct liability for breach of permit conditions, it must first pay compensation to the victim and then recover the amount from the owner/driver in breach.
1) Motor Vehicle Act, 1988 – Section 173(1) – Provides jurisdiction for appeals against Motor Accident Claims Tribunal awards, allowing for revision/enhancement of compensation when evidence shows inadequacy. 2) Compensation – Application of multiplier principle as per Sarla Verma v. Delhi Transport Corporation (2009) – Multiplier depends on claimant’s age and permanent disability percentage to calculate loss of future income.
1) Motor Vehicles Act, 1988 – Section 166 & 173 – Compensation – Assessment of Disability and Income – When income is not proved by documentary evidence, compensation should be based on Minimum Wages Act rates notified by State Labour Department. 2) Motor Vehicles Act, 1988 – Compensation – Future Prospects – As per Supreme Court ruling in National Insurance Co. Ltd. vs. Pranay Sethi (2017), 40% enhancement in future prospects is applicable for young earners.
1) Hindu Law – Juristic Person – Recognition of a Hindu idol as a juristic person capable of holding property and requiring a shebait for management – Pujari is a servant or appointee of the shebait without proprietary rights (M. Siddiq v. Suresh Das, (2020) 1 SCC 1). 2) Accommodation Control Act – Section 12(1)(a) – The legal representative of a predecessor landlord who inducted the tenant and received rent can maintain eviction proceedings for arrears of rent, even if the landlord does not hold ownership title but acts as landlord in law.
1) Arbitration Law – Arbitration and Conciliation Act, 1996 – Section 29A – Mandate and extension of arbitrators’ term – Section 29A empowers courts to extend the arbitrator’s mandate both before and after expiry of the statutory period and after an award is rendered, ensuring arbitral proceedings continue to logical conclusion. 2) Arbitration Law – Arbitration and Conciliation Act, 1996 – Sections 29A(4) & 29A(6) – Court’s power to impose terms, substitute arbitrators, and impose costs during extension applications – The court exercises discretionary powers to safeguard integrity, efficiency, and continuity of arbitration even post expiry of arbitrator’s mandate.
1) Service Law – Compulsory Retirement – Fundamental Rule 56(j) vests the authority with the power to compulsorily retire a government servant based on the public interest, requiring consideration of an employee's entire service record including any adverse remarks. 2) Administrative Law – Judicial Review – The scope of judicial review of orders under Fundamental Rule 56(j) is narrow and does not permit reassessment of the subjective satisfaction of the reviewing authority unless found to be arbitrary or perverse.
1) Criminal Law – Indian Penal Code, Sections 498-A and 306 – Cruelty and abetment to suicide require continuous or proximate willful conduct causing mental or physical injury or instigation linked closely in time to the suicide – mere general allegations or weak evidence insufficient to sustain conviction. 2) Evidence Act – Section 113-B – Presumption of dowry death can be invoked only after prosecution establishes foundational facts of cruelty or harassment relating to dowry demand, absence of which precludes application of such presumption.
1) Motor Vehicles Act, 1988 – Section 173 – Claims Tribunal’s power to assess compensation in motor accident claims, including assessment of disability percentage and income for loss of future earnings. 2) Personal Injury Compensation – Assessment of functional disability – The percentage of permanent physical disability is distinct from the percentage of loss of earning capacity; loss of earnings must be based on actual impact, considering service protection and future prospects.
1) Constitutional Law – Entry 23, List I of Seventh Schedule – Exclusive legislative competence of the Central Government over national highways, including land acquisition and compensation parameters under the National Highways Act, 1956. 2) Land Acquisition – Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – Sections 3(e)(v) and 30(2) – The ‘appropriate Government’ for notification of multiplier factors in land acquisition compensation for national highways is the Central Government exclusively.
1) Motor Vehicles Act, 1988 – Section 173 – Insurance Liability – The Insurance Company’s liability to pay compensation is contingent on proving breach of policy conditions, including the driver holding a valid driving license at the time of accident. 2) Compensation – Disability Assessment – Permanent physical disability percentage cannot be directly equated to the percentage of loss of earning capacity; functional disability must be established separately for accurate compensation calculation.
1) Administrative Law – Review Jurisdiction – The scope of review petitions is limited to rectifying errors apparent on the face of the record and does not permit re-hearing or re-appreciation of evidence on merits. 2) Service Law – Recruitment – Eligibility criteria once uniformly applied and properly followed as per the advertisement and university regulations cannot be challenged after appointments have been finalized and vacancies filled.
1) Service Law – Compassionate Appointment – State Government Policy – Applicability of compassionate appointment policy to local authorities like Agricultural Produce Market Committee (APMC) determines eligibility for regular appointment following death of an employee. 2) Labour Law – Appointment on Compassionate Grounds – Continuity of service exceeding statutory period (e.g., 240 days) on daily wage basis potentially entitles employee to regularization under compassionate appointment principles.
1) Limitation – Article 124 of the Limitation Act, 1963 prescribes a 30-day period for filing review petitions and requires sufficient cause to be shown for condoning any delay beyond this period. 2) Limitation – Sufficient cause under Section 5 of the Limitation Act – The requirement of sufficient cause for condonation of delay cannot be satisfied by vague, general or unsupported reasons; mere excuses without documentary proof do not constitute sufficient cause.
1) Criminal Law – Prevention of Money Laundering Act, 2002 – Section 45 – The twin conditions for granting bail in money laundering cases require the court to believe that the accused is not guilty of the alleged offence and is not likely to commit any further offences while on bail. 2) Criminal Law – Anticipatory Bail – Under Section 438 of the Code of Criminal Procedure, anticipatory bail's grant is heavily circumscribed by the specific provisions of the PMLA, emphasizing a stricter standard for economic offences to safeguard against the risk of tampering with evidence and thwarting investigations.
1) Arbitration Law – Section 34 of the Arbitration & Conciliation Act, 1996 – The courts have limited scope to interfere with arbitral awards, focusing only on legality and reasonableness, ensuring adherence to principles of natural justice and contractual terms. 2) Contract Law – MOU Clauses – The consideration of express terms and conditions in the MOU is critical; non-compliance or misinterpretation regarding commission payments and service obligations can render an arbitral award void.
1) Education Law – Eligibility Criteria – Clause 4)3.2 of the prospectus must be interpreted to ascertain whether the 1095 days of residency can be completed across multiple institutions rather than being a singular continuous tenure. 2) Constitutional Law – Right to Education – The right to pursue higher education includes protections against arbitrary decisions that may impede admission based on technical interpretations when qualifications are fulfilled.
1) Arbitration Law – Arbitration and Conciliation Act, 1996 – Section 34 - Courts should not interfere with an arbitral award unless it is found to violate public policy or is perverse; the scope of review is very narrow. 2) Contract Law – Vendor Agreement – Payment Terms – The interpretation of payment terms within a vendor agreement and the conditions for acceptance of goods dictate the obligations of parties; the arbitrator’s construction of the agreement must stand unless unreasonable.
1) Courts can refer cases to mediation upon request of parties and dispose of appeals based on terms of settlement arrived through successful mediation.
1) Criminal Procedure Code, 1973 – Section 438 – Anticipatory Bail – Court’s discretion to grant anticipatory bail where custodial interrogation is not necessary and case appears to be a misuse of criminal process. 2) Indian Penal Code – Sections 452, 294, 392, 323, 506, 34 – Applicability in cases involving unlawful entry, robbery, and criminal intimidation where underlying dispute may be matrimonial.
1) Criminal Procedure – Section 482 of Bharitya Nagarik Suraksha Sanhita, 2023 – Inherent Powers – Provides for anticipatory bail to prevent abuse of process and miscarriage of justice when arrest is imminent. 2) Criminal Jurisprudence – Judicial Guidelines – Supreme Court rulings in Arnesh Kumar Vs. State of Bihar (2014) 8 SCC 273 and Satender Kumar Antil Vs. CBI (2022) 10 SCC 51 mandate strict compliance by investigation and trial courts before arresting accused persons to prevent unnecessary detention.
1) Constitutional Law – Article 226 – Power of High Courts to issue writs for protection – Requires existence of cogent material or specific threat to justify direction for police protection. 2) Criminal Law – Police Protection – Mere apprehensions without factual foundation do not suffice for compelling police to provide protection or initiate proceedings.
1) Criminal Procedure – Police Protection – Police have a duty to provide protection to individuals threatened with harm to life especially in cases involving voluntary adult marriage, as per directions in Shakti Vahini vs. Union of India (2018) 7 SCC 192. 2) Constitutional Law – Right to Life and Personal Liberty – Adult individuals have the constitutional right to marry of their own choice and are entitled to protection from harassment or threats on account of their marriage (referencing Lata Singh vs. State of U.P., AIR 2006 SC 2522).
1) Constitutional Law – Article 243-O – Bar to judicial interference in Panchayat election matters except by election petition as provided by State law – This article creates a constitutional embargo restraining courts from entertaining election-related writ petitions when a statutory remedy by election petition exists, thereby ensuring electoral process stability. 2) Election Law – Uttarakhand Panchayati Raj Act, 2016, Section 131H – Statutory mechanism for challenging election-related grievances including improper rejection of nomination – Provides a comprehensive forum and procedure for addressing election disputes, limiting judicial review under Article 226 during the election process.
1) Arbitration and Conciliation Act, 1996 – Section 8 & Section 11 – Impact of allegations of fraud on the existence and arbitrability of an arbitration agreement – Serious allegations of fraud nullifying arbitration agreement render the dispute non-arbitrable at the threshold. 2) Constitutional Law – Article 227 – Supervisory jurisdiction of High Court – Not to be exercised as appellate jurisdiction to reappreciate evidence, especially when there are concurrent findings on serious allegations of fraud affecting arbitrability.
1) Insolvency Law – Insolvency and Bankruptcy Code, 2016, Section 7(1) second proviso – Prescribes the threshold requirement that an application by financial creditors who are allottees in a real estate project must be jointly filed by not less than 100 allottees or 10% of total allottees, to maintain an insolvency petition. The date of filing, not admission, determines compliance. 2) Procedural Law – National Company Law Tribunal Rules, 2016, Rule 28 – Requires defective petitions to be returned for compliance with the possibility of rectification and amendment before registration; changes made in petitions before registration do not amount to abuse of process.
1) In cases involving commercial quantity of narcotics under the NDPS Act, anticipatory bail is generally not warranted due to the applicability of Section 37 of the Act.
1) Criminal Law – Indian Penal Code; Sec 326 - Grievous Hurt – Evidence of injured witnesses holds substantial weight in establishing the prosecution's case and is crucial for conviction. 2) Criminal Law – Indian Penal Code; Sec 34 - Common Intention – The principle of common intention requires a shared unlawful purpose, which must be established beyond reasonable doubt for conviction under sections involving multiple accused.
1) Criminal Law – Indian Penal Code; Sec 302 – Conviction for Murder – The prosecution must establish the intention to kill or cause grievous injury, which was demonstrated through eyewitnesses' consistent testimony and corroborated by forensic evidence in this case. 2) Criminal Law – Evidence – Eyewitness Testimony – The eyewitness accounts, being credible and consistent, significantly strengthened the prosecution's case, leading to a finding beyond a reasonable doubt for the crime of murder.
1) Constitutional Law – Article 226 – Writ Jurisdiction – The High Court’s writ jurisdiction under Article 226 against SARFAESI Act proceedings is subject to stringent conditions and is exercisable only in exceptional circumstances such as violation of statutory provisions, principles of natural justice, or where the statutory authority acts outside its jurisdiction. 2) SARFAESI Act, 2002 – Section 17 – Recovery Procedure – A person aggrieved by action taken under the SARFAESI Act must first seek redressal by filing an appeal before the Debts Recovery Tribunal, and the High Court ordinarily will not entertain writ petitions in respect of such matters if an effective alternative remedy exists.
1) Reservation – Kerala State and Subordinate Service Rules, Part II, Rule 15(a) – Provides that vacancies in a particular turn shall be filled only by candidates belonging to the respective reserved community, and if a suitable candidate is not available, the vacancy is kept unfilled with repeated notifications for that community before considering other communities. 2) Administrative Law – Article 227 of the Constitution of India – The High Court’s supervisory jurisdiction over tribunals is limited to cases involving manifest error, perversity, or gross injustice and does not permit appellate review over factual or legal findings made within jurisdiction.
1) Constitutional Law – Articles 226 and 227 of the Constitution of India – Jurisdiction and maintainability of appeals – The true nature of the order passed by the Single Judge (whether under Article 226 or 227) determines maintainability of intra-court appeals under the Kerala High Court Act. 2) SARFAESI Act, 2002 – Section 17 and Section 18 – Recovery proceedings and appellate remedies – The Tribunal’s jurisdiction to deal with recovery suits and the role of the Debt Recovery Appellate Tribunal for appeals.
1) Constitutional Law – Article 226 – The High Court’s writ jurisdiction is subject to the principle of self-imposed restraint and ordinarily will not entertain petitions when an effective alternative remedy under a special statute (such as Section 17 of the SARFAESI Act) is available. 2) SARFAESI Act, 2002 – Section 13, Section 17 – The Act provides a comprehensive code for recovery of dues by banks through quasi-judicial mechanisms, including appeal and review before Debt Recovery Tribunal and Appellate Tribunal, which aggrieved persons must exhaust before seeking writ relief.
1) Insurance Law – Section 45 of the Insurance Act, 1938 – Material Suppression and Fraud – The insurer can repudiate a policy within three years on grounds of material suppression of facts or fraud, where suppression has a direct bearing on the risk accepted, placing the onus on insurer to prove such suppression. 2) Contract Law – Indian Contract Act, 1872 – Fraud – Includes active concealment or misrepresentation of facts by the insured with intent to deceive the insurer; mere silence as to irrelevant facts is not fraud unless there is a duty to disclose.
1) Motor Vehicles Act, 1988, Sec 149 and Sec 163-A – The liability of the motor vehicle insurer is limited to the seating capacity of the vehicle as per the insurance policy; liability for multiple passengers exceeding seating capacity must be recovered from the owner. 2) Motor Vehicles Act, 1988, Sec 166 and Supreme Court precedents – Compensation under fatal accident claims includes heads such as notional income, loss of dependency, loss of consortium, funeral expenses, and loss of estate with proper application of multipliers and deductions for personal expenses.
1) Constitutional Law – Article 227 of the Constitution of India – Supervisory jurisdiction of High Court – Powers to stay administrative orders including promotions pending judicial determination. 2) Contempt of Court – Civil Contempt – Wilful disobedience of court orders – Requirement of clear and deliberate breach of specific judicial direction for constituting contempt.
1) Insurance Law – Redressal of Public Grievance Rules, 1998 – Rule 18 empowers the Insurance Ombudsman to award ex gratia payments at their discretion in deserving cases, recognizing the insurer’s social obligation. 2) Contract Law – Life Insurance Policies – A policy lapses if premium is not paid within the stipulated period including any grace period; a lapsed policy cannot be revived without payment of the arrears.
1) Criminal Procedure – Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 – Extraordinary jurisdiction to grant pre-arrest bail can be exercised only in special cases with recorded reasons and is not automatic, especially where serious offences and preliminary investigation necessitate custodial interrogation.
1) Motor Vehicles Act, 1988, Section 166 – Principles for awarding just compensation to claimants for fatal accident due to rash and negligent driving, including assessment of income, future prospects, deductions, and application of multiplier. 2) Motor Vehicles Act – Assessment of compensation under conventional heads such as loss of consortium, loss of estate, and funeral expenses, guided by Supreme Court precedents including National Insurance Co. Ltd. v. Pranay Sethi and Satinder Kaur v. United India Insurance Co. Ltd.
1) Service Law – Recruitment Rules and Medical Fitness – Medical fitness as per recruitment notification is a mandatory eligibility criterion for appointment to Constable/Fire post in CISF and must be assessed by the designated medical authority through specified procedures including Review Medical Examination. 2) Administrative Law – Natural Justice and Procedure – An opportunity for appeal against medical unfitness and submission of medical certificates does not dispense with compliance to the procedural requirement of appearing before the Review Medical Examination for final assessment of fitness.
1) Constitutional Law – Article 226 – The writ of Habeas Corpus in custody matters is exercised under the court’s inherent equitable jurisdiction, not statutory authority, acting as parens patriae to protect the welfare of the minor child. 2) Child Custody – Principle of Welfare of Child – The paramount consideration in custody disputes is the best interests and welfare of the child, overriding parental claims to custody based on gender or relationship.
1) Motor Accident Claims – Assessment of Income – Consolidated salary or stipend ascertained by last drawn remuneration and corroborated by documentary evidence such as salary slips and income tax returns is to be taken as monthly income for compensation calculation, excluding prior distinct employment salary structures. 2) Motor Accident Claims – Negligence – Contributory negligence requires cogent evidence; in absence of such, sole negligence of offending vehicle is established by FIR, eyewitness testimony, and police investigation leading to charge-sheet.
1) Execution Procedure – Judicial delay in deciding execution applications must be prevented to uphold the efficacy of decrees and ensure administration of justice, as per principles established in Supreme Court judgments like Rahul S. Shah v. Jinendra Kumar Gandhi (2021) 6 SCC 418. 2) Civil Procedure Code – Execution of decree should ideally be concluded within six months to avoid rendering the decree ineffective and frustrating justice delivery.
1) Motor Vehicles Act, 1988 – Driving License – Validity and Endorsement – A driver must possess a valid driving license specific to the vehicle category driven, failure of which vitiates insurance liability for compensation. 2) Motor Vehicles Act, 1988 – Insurance Liability – No fault liability compensation under Motor Vehicles Act is payable by the insurer only if the driver holds a valid and effective driving license for that category of vehicle.
1) Criminal Law – Uttar Pradesh Gangsters Act, 1986 – Section 3(1) – The provisions under this section must be applied only when sufficient evidence supports the existence of a gang engaged in criminal activities that warrant such labeling. 2) Criminal Procedure – Quashing of Proceedings – Section 482 of the Criminal Procedure Code – The High Court should exercise its power to quash criminal proceedings only in exceptional cases where the allegations do not constitute an offense and the continuation would result in an abuse of the court process.
1) Criminal Law - Prevention of Corruption Act, 1988 - A public servant can be held accountable under the Act if he is accused of demanding or accepting money for the performance of his duty. 2) Criminal Procedure - Quashing of Charge Sheets - Courts exercise restraint in quashing charge sheets unless the allegations in the FIR do not disclose any cognizable offence.
1) Service Law - U.P. Absorption of Surplus Employees - Rule 3(1) of the U.P. Absorption of Surplus Employees of Uptron India Ltd. in Government Service Rules, 2011 grants overriding effect for the absorption of employees, necessitating consideration of their past service for service benefits during absorption. 2) Constitutional Law - Article 14 - Equal Protection - Differential treatment of similarly situated employees without rational basis violates the principle of equality under Article 14 of the Constitution of India.
1) Criminal Law – Investigation Procedures – The Supreme Court has mandated that FIRs must be registered immediately in incidents of police encounters resulting in grievous injuries, and investigations must be conducted by a senior officer independent of the police party involved. 2) Constitutional Law – Protection of Human Rights – The right to a fair investigation in cases of police encounters is integral to the protection of life and personal liberty as guaranteed under Article 21 of the Constitution of India.
1) Criminal Law – Indian Penal Code; Sec 302 – The principles governing conviction based on circumstantial evidence require a complete chain of events pointing to the guilt of the accused without leaving room for reasonable doubt. 2) Criminal Law – Indian Evidence Act; Sec 106 – The burden of proof can shift to the accused to explain incriminating circumstances when they are present at the crime scene and other circumstantial evidence implicates them.
1) Motor Vehicles Act, 1988 – Section 166 – Compensation Claims – Assessment of Disability Percentage – Medical evidence establishing 70% permanent disability resulting from amputation is critical to quantifying compensation for loss of earning capacity. 2) Motor Accidents Claims Tribunals – Compensation Calculation – Income Proof – Tribunal may base loss of income assessment on claimant’s own evidence and ancillary witnesses, considering real loss of earnings due to disability under Section 166 proceedings.
1) Maharashtra Regional Town Planning Act, Sections 52(1)(a), 53(7), and 54(2) – Requirement of prior sanction from the Chief Officer for prosecution and proper issuance of notices are mandatory procedural safeguards to maintain legality of prosecution. 2) Criminal Procedure – Service of notice – The necessity of notice being duly signed by the competent authority and acknowledged by the accused is essential to validate the prosecution process under the MRTP Act.
1) Criminal Law – POCSO Act, 2012 – Sections 3, 4, 5(m), 6 – Definition and punishment of penetrative sexual assault of a child and procedural safeguards – The evidence of a child victim, corroborated by medical and independent witness testimony, fulfills the requirements under POCSO for conviction. 2) Evidence – Child Witness Testimony – Minor inconsistencies and omissions in the testimony of child victims are not fatal if their core evidence is consistent and credible – Medical evidence and corroborative witnesses strengthen the victim’s account.
1) Maharashtra Village Panchayat Act, 1958 – Sections 14(1)(J-1) and 16(2) – Disqualification of Panchayat members on ground of having more than two children – The provisions impose a disqualification if a member has more than two children born after the specified cut-off date. 2) Evidence – School admission records and accompanying documents (Aadhar cards) can be relied upon as relevant material to determine identity and number of children for disqualification proceedings under the MVP Act.
1) Land Acquisition – Mumbai Metropolitan Region Development Authority Act, 1974 – Section 35 – Compensation for land acquisition in municipal areas must be determined in monetary terms by agreement or by statutory formula and cannot be unilaterally given in the form of TDR. 2) Constitutional Law – Article 300A – Right to property includes entitlement to fair and just compensation upon compulsory acquisition; deprivation without due compensation violates constitutional rights irrespective of delay and laches.
1) Authorities are obligated to consider and decide pending representations filed by employees seeking pay scale revision in accordance with existing law and relevant judicial precedents.
1) The High Court should generally not interfere by quashing charge sheets once investigation is complete and the trial has commenced, leaving the parties to raise objections during trial.
1) Offences under Sections 489-A to 489-E IPC being Scheduled Offences under the NIA Act, 2008 are triable exclusively by the Special Court designated under Section 22 of the NIA Act, irrespective of the date of commission before the 2019 Amendment.
1) The inherent power of the High Court under Section 482 CrPC can be exercised to quash criminal proceedings that are essentially of a civil nature, to prevent abuse of the court’s process and to secure the ends of justice.
1) Criminal Law – POCSO Act – Section 6 – The gravity of offences under the POCSO Act requires careful consideration before granting bail, especially involving minors. 2) Criminal Law – Prosecution Evidence – The corroboration of witness testimonies against the accused strengthens the case for denying bail.
1) Arbitration Law – Delay – Section 34 of the Arbitration and Conciliation Act, 1996 emphasizes that an award may be set aside for delay only if it adversely impacts the findings or violates public policy. 2) Arbitration Law – Jurisdiction – The enforceability of an arbitration clause depends on the existence of an arbitral dispute; if a full and final settlement is deemed not voluntary, it does not extinguish the right to arbitrate.
1) Constitutional Law – Fundamental Rights – Articles 14 and 21 of the Constitution – The right to fair and transparent selection processes is a fundamental aspect of equality and the right to life with dignity. 2) Sports Law – Olympic Selection Criteria – The procedural framework established by the International Federation (FIS) is binding, and any retrospective changes or deviations from it in the selection process are impermissible and arbitrary.
1) Service Law – Pension – Rule 68A of the SBI Officers Service Rules, 1992 dictates that the period of suspension or dismissal leading to reinstatement must be adjudicated by the competent authority regarding its treatment for pensionary benefits, emphasizing the authority's discretion in such determinations. 2) Banking Regulations – Section 10(1)(b)(i) of the Banking Regulation Act, 1949 prohibits the employment of persons convicted of crimes involving moral turpitude, thus mandating the dismissal of the respondent upon his conviction, which has implications for his entitlements post-acquittal.
1) Criminal Law – Protection of Children from Sexual Offences (POCSO) Act, 2012 – Section 3 and Section 4 – Definition and punishment for penetrative sexual assault requiring proof beyond reasonable doubt of penetration. 2) Criminal Procedure Code (Cr.P.C.) – Sections 216 and 217 – Court’s power to alter the charge before judgment and to allow parties to recall or examine witnesses concerning the altered charge.
1) Criminal Procedure Code – Sec 329 – Procedure in case of person of unsound mind tried before Court – Mandates trial court to try the fact of unsoundness and incapacity before proceeding with trial and to record finding based on medical and other evidence. 2) Criminal Procedure Code – Sec 331 – Resumption of inquiry or trial – Stipulates that trial may resume only after the accused ceases to be of unsound mind, which must be supported by evidence and a recorded finding.
1) Bail – Economic Offences – The Supreme Court has held that while economic offences involve grave consequences and deep-rooted conspiracies, bail can still be granted if there is no substantive admissible material against the accused, balancing the nature of accusation and evidence (Central Bureau of Investigation v. V.V. Vijay Sai Reddy, (2013) 7 SCC 15). 2) Constitutional Law – Article 20(3) – Self-incrimination – An accused cannot be compelled to be a witness against himself, and his non-implication in investigation cannot be treated as non-cooperation justifying denial of bail or arrest.
1) Criminal Law – Bail – Section 483 of BNSS, 2023 – Bail may be granted post charge-sheet filing if continued detention is not warranted and there is no risk of tampering with evidence or influencing witnesses. 2) Criminal Procedure – Charge-sheet Filing – Completion of investigation with charge-sheet submission is a key factor in considering bail, especially where accused are young and not involved in premeditated crime.
1) Bail – Section 483 of BNSS, 2023 – Bail is a right that may be granted after the charge-sheet has been filed and when further detention is not warranted considering the facts and circumstances of the case, especially when the accused have spent a significant period in custody without influencing the investigation. 2) Criminal Law – Section 103(2) of BNSS, 2023 (related to death due to assault) – Addition of a death charge upon the victim’s demise does not ipso facto preclude grant of bail; circumstances such as absence of prior concert and young age of accused are relevant for bail consideration.
1) Service Law – Assam Public Services (Direct Recruitment of Class-III and Class-IV Posts) Rules, 1997 – Appointment and Termination – Procedural irregularities in appointment processes do not automatically invalidate appointments, especially where there is no fraud and employees have served continuously against sanctioned vacancies. 2) Constitutional Law – Articles 14 and 16 of the Constitution of India – Legitimate expectation and protection against arbitrary termination – Long uninterrupted service pursuant to public advertisement and selection confers a legitimate expectation of regularity that cannot be defeated on grounds of administrative lapses or subsequent non-compliance by the employer.
1) Indian Penal Code – Section 300 and Exception 4 – The applicability of Exception 4 requires that the homicide occurs in a sudden fight between the parties, negating premeditation and reducing the offense from murder to culpable homicide not amounting to murder. 2) Criminal Law – Test of Grave and Sudden Provocation – As elucidated in Vijay @ Vijaykumar [(2025) 3 SCC 671], an objective test is applied to determine whether a reasonable person would lose self-control on receiving such provocation; intoxication affects this standard by altering the accused’s capacity to maintain self-control.
1) Evidence – Indian Evidence Act, Sections 27 and 65B – Admissibility of disclosure statements leading to discovery and electronic evidence requires strict compliance with procedural safeguards, including examination of witnesses and authentication certificates, failing which evidence is inadmissible and unreliable. 2) Criminal Conspiracy – Section 120B IPC and Section 10 Evidence Act – For conviction based on conspiracy, an unbroken chain of firmly established circumstances is required; suspicion or weak circumstantial evidence is insufficient to prove guilt beyond reasonable doubt.
1) Under Section 11(6) of the Arbitration and Conciliation Act, 1996, upon failure of parties to appoint an arbitrator under an arbitration agreement, the Court is empowered to appoint an independent arbitrator to resolve disputes.
1) Delay in filing a criminal appeal can be condoned for sufficient reasons and the appeal abates upon death of the respondent who was acquitted, while appeals against absconding accused who have not faced trial are premature.
1) A petition challenging the FIR and investigation becomes infructuous once the investigation is concluded by filing of the charge-sheet, unless there is evidence showing malice or taint in lodging the FIR.
1) After filing of a charge-sheet, police remand under Section 167 CrPC cannot be granted unless there is a specific request by the investigating agency for further custodial interrogation.
1) In criminal trials, the appellate court shall not disturb an acquittal if two reasonable conclusions are possible on the evidence, giving due weight to the presumption of innocence and the benefit of doubt.
1) Temporary academic engagements are contingent upon availability of sanctioned posts and cease upon exhaustion or restructuring of such posts as per statutory mandates.
1) Preventive detention orders must be based on clear, specific, and relevant material facts and must comply with procedural safeguards including disclosure of grounds and material to the detenue.
1) Where a named arbitrator becomes ineligible or unable to act, an independent and impartial arbitrator can be appointed to ensure adjudication of disputes arising from the contract under the Arbitration and Conciliation Act, 1996.
1) Land Acquisition Act, 1894 – Section 11A – Timeliness of Award – If the Collector fails to make an award within two years from the date of final notification, the acquisition proceedings lapse unless stayed by a court order. 2) Land Acquisition Act, 1894 – Section 17 – Urgency Clause – The provision allows government to expedite acquisition under emergency circumstances but must meet statutory requirements regarding public interest and proper compensation deposit.
1) Criminal Law – Indian Penal Code; Sec 295A – For an offence under Sec 295A, prior sanction is only required at the stage of taking cognizance, not for registration of FIR or investigation. 2) Criminal Law – Code of Criminal Procedure; Sec 196 – The necessity of sanction under Sec 196 applies when a Court takes cognizance of an offence, not during the investigative stage.