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Service Law – Promotion -- The principle that retrospective seniority cannot be granted to an employee from a date when the employee was not borne on a cadre. Seniority amongst members of the same grade has to be counted from the date of initial entry into the grade.
Indian Contract Act – Corporate debtor -- A holding company is not the owner of the assets of its subsidiary -- Therefore, the assets of the subsidiaries cannot be included in the resolution plan of the holding company.
Civil Law -- Code of Civil Procedure – The rigour of the rule of pleadings is evident from Rule 7 of Order VI, CPC, which mandates that ‘no pleading shall, except by way of amendment, raise any new ground of claim or contain any allegation of fact inconsistent with the previous pleadings of the party pleading the same’.
Civil Law – Limitation -- Grounds of exemption from limitation law -- Where the suit is instituted after the expiration of the period prescribed by the law limitation, the plaint shall show the ground upon which exemption from such law is claimed.
Indian Stamp Act – The expression “lease” under the Stamp Act has a wider meaning as compared to its original meaning contained in Section 105 of the Transfer of Property Act (for short “the TP Act”). If “lease” under Section 2(16) of the Stamp Act includes therein four specified categories of documents set out in sub-clauses (a) to (d), we do not find any such inclusion in Section 105 of the Transfer of Property Act -- It is for this reason, we are of the view that the definition of “lease” for the purpose of the Stamp Act is extensive in nature.
Civil Law – Law is the king of kings, nothing is mightier than law, by whose aid, even the weak may prevail over the strong -- The doctrine of bona fide purchaser for value applies in situations where the seller appears to have some semblance of legitimate ownership rights. However, this principle does not protect a subsequent purchaser if the vendor had already transferred those rights through a prior sale deed.
Arbitration and Conciliation Act -- Appointment of arbitrator -- While considering the issue of limitation in relation to a petition under Section 11(6) of the Act, 1996, the courts should satisfy themselves on two aspects by employing a two-pronged test – first, whether the petition under Section 11(6) of the Act, 1996 is barred by limitation; and secondly, whether the claims sought to be arbitrated are ex-facie dead claims and are thus barred by limitation on the date of commencement of arbitration proceedings -- If either of these issues are answered against the party seeking referral of disputes to arbitration, the court may refuse to appoint an arbitral tribunal.
Bihar City Manager Cadre (Appointment and Service Conditions) Rules – Appointment -- Whether the executive decision will prevail or the statutory regulations -- Apex Court, relying upon the settled law, held that the statutory regulations will prevail.
Constitution of India – Article 341 -- Depriving the members of the Scheduled Castes covered by the lists under Article 341 of the Constitution is a serious issue -- Any person not deserving and not covered by such list if extended such benefit for deliberate and mischievous reasons by the State, cannot take away the benefit of the members of the Scheduled Castes -- Such appointments would under law on the findings recorded would be liable to be set aside.
Punjab Agricultural Produce Markets Act – Market fee and Rural Development fee -- Market fees and Rural Development fees are distinct and, there being no exemption from Rural Development fees mentioned in the 2003 Policy, it only encompasses exemption from Market fees in its ambit -- The two fees under the two different statutory frameworks cannot be equated.
Prevention of Money Laundering Act – Necessity to arrest is not a precondition and safeguard mentioned in Section 19 of the PML Act, albeit treated as a part of the general law and exercise of the power to arrest -- The legislature being aware of this interpretation has not excluded the application of this principle in Section 19 of the PML Act.
Citizenship Act – Equality before law — The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India. -- Protection of life and personal liberty — No person shall be deprived of his life or personal liberty except according to procedure established by law.
Code of Criminal Procedure – Section 125 – Maintenance -- Muslim woman can seek maintenance from her husband under Section 125 of the CrPC and said the "religion neutral" provision is applicable to all married women irrespective of their religion.
Land Acquisition Act – Law on reliance of exemplars of unrelated parties and related parties and as to how when there are two exemplars, one between unrelated parties at arm’s length and the other between related parties mentioning a higher value and when both are within reasonable time gap, prudence would dictate and common sense would command the acceptability of the exemplars involving unrelated parties.
Criminal Law -- Extra-Judicial confession -- It is a settled principle of law that extra-judicial confession is a weak piece of evidence -- It has been held that where an extra-judicial confession is surrounded by suspicious circumstances, its credibility becomes doubtful and it loses its importance.
Consumer Protection Act – Trade practice which for the purpose of promoting the sale of any goods by adopting deceptive practice like falsely representing that the goods are of a particular standard, quality, style or model, would amount to “unfair trade practice” within the meaning of Section 2(1)(r) of the said Act.
Limitation Act – Section 4 & 5 -- Period of limitation means the period of limitation prescribed for any suit, appeal or application by the Schedule, and ‘prescribed period’ means the period of limitation computed in accordance with the provisions of this Act.
Criminal Law -- Criminals are not born out but made," the Supreme court said. It further added that the human potential in everyone is good and so, never write off any criminal as beyond redemption -- "This humanist fundamental is often missed when dealing with delinquents, juvenile and adult," the court said.
Criminal Law -- Burden of proving -- When a person is accused of any offence, the burden of proving the existence of circumstances bringing the case within any of the General Exceptions in the Indian Penal Code (XLV of 1860), or within any special exception or proviso contained in any other part of the same Code, or in any law defining the offence, is upon him, and the Court shall presume the absence of such circumstances.
Criminal Law – Supreme Court says the over-arching postulate of criminal jurisprudence that an accused is presumed to be innocent until proven guilty cannot be brushed aside lightly, howsoever stringent the penal law may be -- The right of the accused to have a speedy trial could be said to have been infringed thereby violating Article 21 of the Constitution.
Narcotic Drugs and Psychotropic Substances Act – Bail Application -- Right to a speedy trial is recognised as a fundamental right guaranteed by the Constitution and is closely tied to the right to life and personal liberty,
Criminal Law -- Section 387 IPC -- The words used in Section 387 IPC, i.e., “in order to the committing of extortion” is used for an act committed during act of extortion and for that act of extortion has to be concluded in terms of Section 383 IPC.
Civil Law -- Code of Civil Procedure -- Section 115 -- Declaratory suit -- The prayer of the Plaintiff to recover the possession of suit premises is consequential to the main prayer of declaration of tenancy rights in respect of the suit premises -- Once he succeeds to establish the tenancy rights he is very much entitled to recover the actual possession of tenanted premises, in absence of which declaration of tenancy rights would become a mere formality.
Negotiable Instruments Act – Transfer Petition -- Petitioner can always apply for grant of exemption from personal appearance to the concerned Court.
Civil Law -- Insolvency and Bankruptcy Code, 2016 -- Suit for recovery of amount -- Court has passed an order staying impugned order, much prior to the interim order of this Court, suit itself was decided finally by passing a decree.
Criminal Law -- Caveat petition -- Medical examination -- Not willing to cooperate with the investigation -- He cannot voice apprehensions about medical facility that he is being referred to without any tenable basis.
Constitution of India -- Tender notice -- Duty of the Court is to confine itself to whether a decision making authority exceeded its powers, committed an error in law, committed a breach of the rule of natural justice, reached a decision which no reasoned tribunal would have reached, or whether if there was an abuse of powers.
Narcotic Drugs and Psychotropic Substances Act -- Section 43 of the Act will be applicable where the search and seizure is made from the vehicle used by way of chance recovery from public place. Prior knowledge is not a mandatory requirement of Section 43, unlike Sections 41 and 42 of NDPS Act.
Criminal Law -- The revision power under the Code of Criminal procedure cannot be exercised in a routine and casual manner -- While exercising such powers the High Court has no authority to appreciate the evidence in the manner as the trial and the appellate courts are required to do.
Civil Law – The poor shall not be priced out of the Justice market by insistence on court-fee and refusal to apply the exemptive provisions of Order 33, CPC.
Unlawful Activities (Prevention) Act, 1957 -- The UAPA is one of such Acts which has been enacted to provide for effective prevention of certain unlawful activities of individuals and associations, and to deal with terrorist activities, as also to impose reasonable restrictions on the civil liberties of the persons in the interest of sovereignty and integrity of India.
Income Tax Act -- Last-In-First-Out (LIFO) method -- Retrospective amendment in substituting Section 145A would not apply to those assessees who had not applied FIFO for valuing their stock in the Assessment Year 2017-18, as these assesses have been following LIFO consistently and had filed their returns before the Finance Act 2018 was enacted.
Civil Law -- Tenancy Act – Rent -- The tenant must enhance the rent according to the terms of the agreement or at least by ten per cent, after every three years and enhanced rent should then be made payable to the landlord -- If the rent is too low (in comparison to market rent), having been fixed almost 20 to 25 years back then the present market rate should be worked out either on the basis of valuation report or reliable estimates of building rentals in the surrounding areas, let out on rent recently.
Mineral (Other than Atomic and Hydrocarbon Energy) Concessional Rules – Mining leases -- Entertaining any notion of lease renewal would be an exercise in futility, devoid of any practical or tangible benefit -- The sheer magnitude of the liabilities involved renders the prospect of renewal implausible. Besides, the proposition advanced doesn’t have any discernible plan or vision for the requisite financial, technical, and managerial support.
Civil Law -- East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act – Supreme court said Verdict of Constitution bench binding on benches of lesser strength -- The apex court had consequently said panchayats can only manage and control the land which has been taken from the owners and cannot claim title.
Hindu Succession Act – Joint Hindu Family property -- The property which was an agricultural property would devolve upon the male child and daughters would get only a limited right to maintenance till, they were married and the widow would be entitled to maintenance from the income from the property till her death or remarriage.
Civil Law -- Land acquisition – Supreme Court said land acquisition valid only if it passes constitutional test – The right to property is protected as a constitutional right and has even been interpreted to be a human right.
Prevention of Money Laundering Act – Supreme Court said the Enforcement Directorate (ED) cannot arrest an accused under Section 19 of the PMLA after a special court has taken cognisance of the complaint of money laundering,
Civil Law -- Judgment debtor -- The right of a decree holder should never be construed to have bestowed upon him a bonanza only because he had obtained a decree for realisation of a certain amount -- A decree for realisation of a sum in favour of the plaintiff should not amount to exploitation of the judgment debtor by selling his entire property.
Consumer Protection Act – The Supreme Court held that advocates are not liable for deficiency of services under the Consumer Protection Act 1986 and cannot be sued for poor service before consumer courts.
Foreign Trade (Development and Regulation) Act, 1992 -- Section 11(2) -- Section 11(2) of the FT Act applies to contraventions of export-import provisions, not failure to fulfill export obligations.
Gujarat Town Planning and Urban Development Act – Compensation -- There was never any guarantee that a plot owner who surrendered his land pursuant to a Town Planning Scheme would be allotted any land after reconstitution of the plots, the plaintiffs cannot assert any vested right in that regard.
Consumer Disputes -- Chit business -- The question of inquiring into the third part will only arise if the service provider succeeds in crossing the second part by discharging its onus and proving that the service obtained was for a commercial purpose.
Writ jurisdiction -- Claiming monetary relief/damages arising from fallout of contractual obligations -- In the absence of any acceptance of joint survey report by the competent authority, no right would accrue to the writ petitioner only because measurements cannot be undertaken after passage of time.
Representation of Peoples Act – Section 81 – Election petition -- The replication does not seek to incorporate any new material facts or a new cause of action to question the election -- It only seeks to explain the averments made in the written statement.
Protection of Women from Domestic Violence Act – Section 12 – Minor children -- Courts must endeavour to identify individual instances of ‘alienating behaviour’ in order to invoke the principle of parental alienation so as to overcome the preference indicated by the minor children
Juvenile Justice (Care and Protection of Children) Act -- The words ‘Children’s Court’ and ‘Court of Sessions’ in Juvenile Justice (Care and Protection of Children) Act, 2015 and the 2016 Rules shall be read interchangeably -- Primarily jurisdiction vests in the Children’s Court. However, in the absence of constitution of such Children’s Court in the district, the power to be exercised under the Act is vested with the Court of Sessions.
Hindu Marriage Act – Section 13(1)(ia) -- Dissolution of marriage by way of a decree of divorce -- Marriage between the parties has broken down and that there is no possibility that the parties would cohabit together in the future. Supreme Court is of the opinion that the formal union between the parties is neither justified nor desirable.
Judicial Oversight and Intervention in Legal Proceedings for Ensuring Justice - Role of the judge in ensuring that justice is served during legal proceedings - Upon failure of the prosecuting agency showing indifference or adopting an attitude of aloofness, the trial judge must exercise the vast powers conferred under Section 165 of the Evidence Act and Section 311 of the Cr.P.C. respectively to elicit all the necessary materials by playing an active role in the evidence collecting process.
Civil Law -- Suit of specific performance – Sale deed -- Order of temporary injunction operating at the time when these transactions were made and the alienation made by the respondents cannot operate to the disadvantage of the appellant.
Juvenile Justice (Care and Protection of Children) Act – Custody of the minor child -- Compelling a minor child at the tender age of 7 years to withdraw from the custody of his grandparents with whom he has been living for the last about 5 years may cause psychological disturbances.Custody of a Child — No hard and fast rule can be laid down insofar as maintainability of a habeas corpus petition in the matters of custody of a minor child is concerned
Jammu and Kashmir Civil Services (House Rent Allowance and City Compensation Allowance) Rules – Rule 6(h)(i) and 6(h)(ii) -- House Rent Allowance -- By virtue of these two clauses, the appellant being a Government employee, could not have claimed HRA while sharing rent free accommodation allotted to his father, a retired Government servant.
Madhya Pradesh State Service Examination Rules – Recruitment process -- The direction therein was to conduct and complete the examination process in accordance with the unamended Rules of the 2015 -- It was the later judgment in Harshit Jain (supra) that advocated the methodology of holding a special main examination for the reservation category candidates who were found eligible after revising the preliminary examination result in keeping with the unamended Rules of 2015.
Civil Law -- Civil suit for declaration of rights in respect of land where the Consolidation Court has already passed an order recognizing the rights of one of the parties is not barred by Section 37 of the Consolidation Act and that the Civil Court is not competent to either ignore or reverse the order passed by the Consolidation Officer once it has attained finality.
Central Excise Act – Definition of ‘manufacture’ in the Central Excise Act -- Any one of the processes indicated in Note 3 to Chapter 18 of the Central Excise Tariff Act would come within the ambit of the definition of ‘manufacture’ under Section 2(f)(ii) of the Central Excise Act.
Civil Law -- Order 22 Rule 5 of CPC -- The Appellate Court may take the same into consideration in determining the question’ used in the proviso to Rule 5 gives discretion to the Appellate Court to make its own separate opinion notwithstanding the opinion of the subordinate court -- The proviso cannot be construed to be a delegation of the powers of the Appellate Court to substitute the deceased party, but is merely to assist it in ultimately deciding the issue of substitution.
Conduct of Election Rules – Manipulating the EVMs -- while maintaining a balanced perspective is crucial in evaluating systems or institutions, blindly distrusting any aspect of the system can breed unwarranted scepticism and impede progress.
Service Law – Termination -- Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act – Section 7 of the MEPS Act and Rule 40 of the Rules does not impose any guidelines for acceptance of the resignation upon the management.
Insolvency and Bankruptcy Code, 2016 -- Corporate debtor -- While deciding the issue of whether a debt is a financial debt or an operational debt arising out of a transaction covered by an agreement or arrangement in writing, it is necessary to ascertain what is the real nature of the transaction reflected in the writing.