⦿
Criminal Law -- Anticipatory bail cannot be granted mechanically, especially in heinous offences like murder -- Courts must consider the gravity of the offence, role of the accused, and evidence on record before granting anticipatory bail.
Civil Law -- A separate application under Section 5 of the Limitation Act may not be required if the restoration application itself provides a valid explanation for the delay -- Litigants should not be penalized for their counsel’s negligence or misconduct.
Land Acquisition Act -- Supreme Court reiterated the importance of basing compensation on reliable evidence such as sale deeds and the land's potentiality -- Delayed payment of compensation attracts statutory benefits, emphasizing timely execution of awards.
Service Law -- Voluntary Retirement Scheme -- Administrative Duty -- Applications for VRS must be decided within a reasonable time by the employer -- Effect of Delay -- Inordinate delay in processing VRS applications may render subsequent termination arbitrary.
Criminal Law -- Inherent Powers of the High Court -- Section 482 of the CrPC empowers the High Court to quash criminal proceedings to prevent abuse of the court’s process or to secure the ends of justice.
Hindu Succession Act, 1956 -- Inheritance Rights for Female Members of Tribes -- Tribal customs traditionally exclude women from inheritance rights -- Court applied principles of equity to extend inheritance rights to Mardan’s daughters in this case, consistent with evolving judicial trends advocating gender parity.
Criminal Law -- Witchcraft and Superstition -- Accusations of witchcraft, especially targeting women, are rooted in patriarchy, caste-based discrimination, and superstition -- Such practices perpetuate violence, public humiliation, and discrimination, making them a blot on the constitutional spirit of equality and justice.
Central Excise Act -- Classification Principles Under Central Excise Tariff Act, 1985 -- Heading 1513: Covers "Coconut (Copra) oil and fractions thereof, whether or not refined, but not chemically modified." -- Packaging size is not specified as a criterion for classification.
Bihar and Orissa Public Demands Recovery Act -- Principles of Interpretation -- Golden rule of statutory interpretation is applied to expand the inclusive definition of "public demand -- Absence of an explicit clause in the agreement for recovery under the Act does not negate the jurisdiction if the statutory framework permits it.
Motor Vehicles Act -- Legal Principles Regarding Motor Vehicle Claims -- Standard of Proof -- In motor accident claim cases, the standard of proof is the preponderance of probability, not proof beyond reasonable doubt.
Arbitration and Conciliation Act -- Practical Considerations in Arbitration Awards -- Execution of Awards -- Courts must enforce awards in line with settled principles of pre- and post-award interest under the Arbitration and Conciliation Act, 1996.
Criminal Law -- Principles of Sentencing -- Just Dessert Doctrine -- Sentence must be proportional to the crime to maintain public confidence in the justice system.
Unlawful Activities (Prevention) Act -- Importance of Judicial Objectivity in Bail Decisions -- Courts must consider the specific allegations against the accused and not be unduly influenced by the alleged activities of an organization.
National Investigation Agency Act -- Suo Motu Power of Central Government under Section 6(5) of the NIA Act -- Under Section 6(5), the Central Government has the overriding power to suo motu direct the NIA to investigate a Scheduled Offense without waiting for a State Government report.
Civil Law -- Supreme Court reaffirmed that land acquisition proceedings must strictly comply with procedural safeguards to uphold the constitutional right to property -- Procedural lapses, delay in compensation, and improper possession invalidated the acquisition of both lands.
Consumer Protection Act, 1986 -- Supreme Court upheld procedural propriety and rejected the respondent's claim for possession due to their prolonged defaults and delay -- It reinforced the need for transparency and fairness in public land allotment processes.
Limitation Act -- High Courts must exercise writ and supervisory jurisdiction sparingly, especially in administrative matters governed by statutory schemes – Supreme Court also clarifies that the absence of regulations under discretionary provisions does not preclude administrative authorities from exercising their statutory powers if due process is followed.
Criminal Law -- Conviction cannot be based on conjectures or inconsistent reliance on evidence -- Testimony of interested witnesses must be carefully scrutinized, and reliance on speculative conclusions undermines the principles of criminal jurisprudence.
Civil Law -- Arbitrariness in Allotment -- Discretionary allotments must comply with Clause 12(8) of GR 1999, requiring written reasons for exercising discretion. Failure to provide reasons renders such allotments arbitrary.
Civil Law -- Bar on Separate Suit (Order 23, Rule 3A CPC) -- No separate suit is maintainable to challenge the validity of a compromise decree. The only remedy is to approach the same court that recorded the compromise.
Transfer of Property Act, 1882 -- Limitation in Resumption Claims -- Long and uninterrupted possession by donees strengthens their title and undermines delayed claims by donors or their heirs.
Motor Accident -- Compensation should account for the severity of the injury and its lifelong impact, ensuring justice for the victim -- Courts must adopt a liberal approach when awarding compensation for pain, suffering, and loss of life’s amenities, especially for minors or cases of 100% disability.
Criminal Law -- Abetment of Suicide (Section 306 IPC) -- Requires evidence of direct or indirect acts that incite or compel suicide -- Mere allegations of harassment do not suffice; intent and proximate acts are necessary.
Criminal Law -- Allegations Against Family Members -- Mere inclusion of family members in a complaint without specific and substantive allegations constitutes abuse of legal process.
Hindu Marriage Act, 1955 -- Supreme Court, under Article 142 of the Constitution, has the discretionary power to dissolve a marriage when it is irretrievably broken.
Civil Law -- Wilful Disobedience -- Contempt is established when disobedience of court orders is intentional, deliberate, and conscious, excluding accidental or bona fide acts.
Civil Law -- Beneficial Legislation -- Section 28-A of the Land Acquisition Act, 1894, is a beneficial provision designed to provide equitable compensation to landowners who could not pursue a reference under Section 18.
Service Law -- Temporary Employment -- Temporary or contractual employment does not confer a vested right to the post unless it is made following statutory rules or procedures.
Civil Law -- Default in Auction Terms -- Failure to comply with payment conditions justifies cancellation of lease after following due process -- Courts must scrutinize claims to prevent abuse of the judicial process by parties acting in bad faith.
Service Law -- Breaks in service due to repatriation or unrelated reasons disqualify the counting of past deputation service for promotion unless explicitly allowed by rules or regulations -- Continuity and compliance with eligibility criteria at the time of consideration are paramount.
Constitution of India -- Principle that benefits granted to litigants in judicial decisions should be extended to all similarly situated individuals to ensure equality and fairness -- It also highlights the Court’s ability to invoke Article 142 to do complete justice in exceptional cases.
Constitution of India -- Right Against Delay in Execution of Death Sentence -- Undue, unexplained, and inordinate delay in the execution of a death sentence violates the fundamental right to life and dignity under Article 21.
Hindu Succession Act -- Role of Maintenance -- A wife or widow's right to maintenance is a tangible legal right against property, recognized since ancient Hindu jurisprudence.
Service Law -- Judicial Interference in Service Matters – Supreme Court emphasized the principle of non-interference in administrative decisions of private institutions, especially when based on clear policies, regulations, and state directives.
Criminal Law -- Section 34 IPC -- Liability under Section 34 IPC arises when multiple persons act in furtherance of a shared intention -- Mere presence at the crime scene or general participation without a shared intention does not attract Section 34 IPC.
Foreigners Act, 1946 -- Validity of termination -- Supreme Court emphasizing adherence to natural justice and reasoned decision-making in administrative actions -- Delayed police verification cannot override principles of fairness, especially when it results in significant prejudice to an individual’s rights.
Transfer of Investigation -- Role of Courts -- Constitutional courts have discretion to transfer investigations to independent agencies based on sound legal principles and factual circumstances.
Civil Law -- Supreme Court balanced the interests of preserving the sanctity and smooth functioning of the temple with the rights of elected representatives -- By appointing an impartial Administrative Head, it ensured adherence to governance norms and prevented further disputes, while safeguarding the religious and cultural significance of the temple.
Criminal Law -- Strict Interpretation of Arms Rules -- Possession of sharp-edged weapons must meet the specific dimensions and intent under the Arms Rules and notifications to constitute an offence -- Supreme Court underscored the need for precise and evidence-backed allegations in criminal prosecutions, particularly under specialized statutes like the Arms Act.
Criminal Law -- Burden of Proof in Circumstantial Evidence -- Prosecution must establish each link in the chain conclusively, leaving no room for alternative hypotheses -- Non-compliance with Section 27 led to the inadmissibility of the alleged discoveries.
Civil Law -- Welfare Principle -- Decision-making authorities must adopt a sympathetic and humane approach in cases involving bereaved families of armed forces personnel.
Criminal Law -- Role of Public Prosecutors -- Public prosecutors must ensure that trials are conducted fairly and that all material circumstances are put to the accused -- Courts must ensure compliance with Section 313 CrPC by putting all incriminating material to the accused in a language they understand.
Service Law – Recruitment -- A purposive approach to recruitment advertisements, focusing on the nature of work performed over procedural formalities -- Upholding constitutional values of equality and social justice in public employment -- Validity of countersigned certificates in substantiating claims of work experience.
Criminal Law -- Abetment of Suicide -- Requires clear instigation or intentional aid; a broken relationship alone is insufficient -- Cheating Allegations -- Must be supported by evidence of willful deceit or exploitation.
Criminal Law -- Rigorous standard of proof required in circumstantial evidence cases -- Necessity for adherence to procedural safeguards in criminal trials -- Principle that benefit of doubt must favor the accused when evidence is inconclusive.
Service Law -- Promotions are effective only upon assumption of duties -- Administrative delays, while regrettable, do not warrant retrospective financial benefits when they conflict with statutory rules or established precedents.
Land Acquisition Act, 1894 -- Principle that the acquisition for an integrated project, like the Yamuna Expressway, serves a valid public purpose and urgency provisions can be invoked -- Necessity for judicial consistency, adherence to precedent, and a pragmatic approach to development challenges.
Criminal Law -- In matrimonial disputes, generalized and exaggerated allegations against distant relatives, unsupported by specific evidence, are liable to be quashed under Section 482, Cr.P.C., to prevent the abuse of judicial process and secure justice.
Prevention of Corruption Act -- Demand and acceptance of illegal gratification must be proved beyond a reasonable doubt -- Recovery of tainted money, corroborated by direct or circumstantial evidence, shifts the burden of proof to the accused, who must rebut the presumption of guilt under Section 20 of the Act -- Failure to do so warrants conviction.
Scheduled Caste status under the Constitution (Scheduled Castes) Orders is confined to specific religious groups unless valid reconversion is established -- Evidence of reconversion must include sincere adherence to the original religion and acceptance by the caste community.
Criminal Law -- Prolonged consensual relationships, when turning sour, should not be criminalized absent evidence of deceit or coercion -- Importance of distinguishing between consensual relationships and those involving criminal intent, ensuring that criminal law is not misused.
Civil Law -- Ownership of Partnership Property -- Partnership assets acquired using partnership funds belong to the partnership firm, even if registered in the names of individual partners.
Arms Act -- Legitimate Expectation of Renewal -- While licensees have a legitimate expectation of renewal under Section 15(3), delays, adverse police reports, and other criteria can override this expectation.
Constitution of India, 1950 – Supreme Court upheld the validity of the Forty-second Amendment, affirming that the insertion of ‘socialist’ and ‘secular’ in the Preamble is consistent with the Constitution's principles and does not violate its basic structure.
Civil Law -- State's Obligation in Managing Public Resources -- Government holds public resources in trust for citizens. Allocation must prioritize public interest and adhere to principles of fairness and equality.
Arbitration and Conciliation Act -- Judiciary's role in ensuring arbitration proceedings are not derailed by procedural technicalities, particularly in light of unforeseen disruptions like the pandemic -- It underscores the balance between procedural efficiency and substantive justice in arbitration.
Motor Vehicles Act -- Court's commitment to fair and adequate compensation for accident victims, particularly when dealing with severe disabilities -- It balances the principles of justice and equity while adhering to established legal guidelines for compensation assessment.
Expunging of Adverse Remarks -- Principles of judicial restraint -- Importance of protecting the dignity and independence of subordinate judicial officers -- It sets a precedent for handling judicial errors and misconduct through administrative channels rather than stigmatizing remarks in judgments.
Civil Law -- Reinforces the principle that concurrent factual findings of lower courts are not interfered with unless grave injustice or perversity is evident.
Criminal Law -- Conviction Requires Proof Beyond Reasonable Doubt -- Conviction cannot be based on suspicion or moral conviction, especially in cases of brutal crimes.
Specific Relief Act -- Requirement of ‘Readiness and Willingness’ -- Under Section 16(c) of the Specific Relief Act, continuous readiness and willingness to perform contractual obligations is a prerequisite for relief.
Hindu Succession Act -- Hindu widow's limited interest in property under a partition deed -- Maintenance includes adequate provisions for living, but excess or additional grants beyond maintenance may not confer absolute ownership.
Civil Law -- Scope of Judicial Review under Article 226 -- High Courts can correct findings of fact only if they are perverse or contrary to law.
Limitation -- Condonation of delay -- Supreme Court emphasized the importance of vigilance in litigation and adherence to limitation laws -- Petitioners' reliance on their advocate’s negligence was not sufficient to justify condonation of delay.
Wild Life (Protection) Act -- S.63(1)(viii) -- HPC's mandate and jurisdiction remain valid, notwithstanding the Captive Elephant (Transfer or Transport) Rules, 2024 -- Welfare of Elephants takes precedence over procedural or regulatory formalities.
Criminal Law -- Consensual relationships cannot be retrospectively criminalized when they do not culminate in marriage -- Judicial processes are not misused to settle personal grievances.
Criminal Law -- Allegations of evidence tampering demand strict judicial scrutiny -- It clarifies the application of Section 195(1)(b) Cr.P.C., ensuring procedural safeguards do not obstruct the administration of justice.
Criminal Law -- Evidence in Conspiracy Cases -- Circumstantial evidence can be sufficient, but it must lead to an unbroken chain of events linking the accused to the crime -- Communication or prior association alone does not establish conspiracy unless directly connected to the crime.
Maharashtra Goods and Services Tax Act -- Applicability of Section 65 of the SGST Act to Deregistered Persons -- Section 65 allows for an audit of a registered person for any financial year or period during which the person was registered, regardless of whether the registration is subsequently cancelled.
Civil Law -- Adverse Possession by the State -- State cannot claim adverse possession over private property as it violates constitutional principles and undermines the rights of citizens.
Indian Divorce Act -- Interim maintenance should ensure that the financially weaker spouse enjoys the same standard of living as during the marriage, considering the income and assets of the other party -- Courts must evaluate all relevant income sources and liabilities comprehensively.
Service Law -- Disciplinary proceedings must be initiated while the employee is in service or during an extended period of service -- Proceedings initiated post-retirement are void unless specifically permitted under service rules.
Constitution of India -- Equality before the law -- When government policies and judicial precedents recognize certain benefits, employees in similar positions must be treated equally under Article 14, ensuring fairness, equity, and administrative uniformity.
Service Law -- Importance of procedural safeguards and evidentiary standards in disciplinary inquiries involving major penalties, emphasizing that procedural non-compliance cannot be overlooked.
Civil Law -- Nature of the Deed -- Gift vs. Settlement -- A gift is a transfer of property made voluntarily and without consideration -- Settlement Deed includes non-testamentary dispositions for family, dependent persons, or charitable purposes, which may involve non-monetary consideration -- Consideration for a settlement deed need not be monetary; acts of care, support, or familial obligations may suffice.
Service Law -- Compassionate Appointment Not a Vested Right -- Compassionate appointment is intended as an exception to the general rule of open recruitment to assist the family of a deceased employee facing financial hardship -- It is not a vested right and does not guarantee employment to the dependent -- Purpose is to provide immediate relief, and claims must be timely as per the relevant policy.
Bulldozer justice is unconstitutional -- Right to shelter is an essential component of the right to life under Article 21. Demolishing homes as a punitive measure affects not only the accused but also innocent family members, and is therefore impermissible under the Constitution.
Civil Law -- Doctrine of Lis Pendens -- Subsequent purchasers acquired the property subject to the outcome of the ongoing litigation, and they cannot claim superior rights over the plaintiffs.
Transfer of Property Act -- Doctrine of Lis Pendens -- Lis pendens prevents the alienation of property during ongoing litigation. The “pendency” begins from the date the suit is instituted until the final decree or satisfaction of the order -- Principle ensures that any transfer during this period is subject to the suit's outcome,
Jurisdiction under Arbitration and Conciliation Act, 1996 -- Petition was filed under Sections 11(6) and 11(12), which empower the court to appoint an arbitrator if parties fail to do so, provided there is an existing arbitration agreement.
Civil Law -- Court’s Discretion in Remand Orders -- Supreme Court's reluctance to interfere with remand orders emphasizes the trial court's discretion to allow for complete and fair evidence evaluation during final decree proceedings.
Right of Persons with Disabilities Act, 2016 -- Ultra Vires Doctrine – Supreme Court held that Rule 15(1) was ultra vires the legislative intent of the RPWD Act -- Act intended to create enforceable, non-negotiable rules for accessibility. Rule 15’s approach of framing aspirational guidelines failed to fulfill this statutory mandate.
Criminal Law – Quashing of FIR -- Vague allegations and delayed complaints do not justify the continuation of criminal proceedings.
Arbitration and Conciliation Act, 1996 -- Supreme Court reinforced that referral courts under Section 11 should focus solely on whether an arbitration agreement exists, leaving the detailed examination of claims, including issues of frivolity or dishonesty, to the arbitral tribunal.
Criminal Law – Supreme Court underscored the need for careful judicial consideration before quashing FIRs involving heinous crimes, emphasizing that societal impact and the objectives of protective laws must be upheld over private settlements.
Service Law -- Doctrine of "Rules of the Game" -- Once the recruitment process starts, the eligibility criteria for placement in the select list cannot be changed unless the applicable rules or advertisement explicitly allow it.
Mineral Conservation and Development Rules, 2017 -- Manifest Arbitrariness -- Test for manifest arbitrariness involves whether a policy or rule is irrational, without a determining principle, or excessive.
Prevention of Money Laundering Act, 2002 -- Overriding Effect of PMLA -- While Section 71 of the PMLA gives the Act an overriding effect, it does not override Section 197(1) CrPC, as Section 65 specifically includes the application of CrPC provisions where there is no inconsistency.
Criminal Law -- Elements of Wrongful Confinement -- For an offense under Section 342 IPC, wrongful confinement requires preventing a person from proceeding beyond certain circumscribed limits -- Mere intention without actual confinement does not constitute this offense.
Insolvency and Bankruptcy Code -- Overriding Effect of IBC -- Section 238 of IBC provides that its provisions override any conflicting laws -- This means that once a resolution plan is approved under IBC, it takes precedence over other statutes, including the Special Economic Zone Act, 2005.
Motor Accident -- Assessment of Compensation for Child Victims -- In cases involving children injured in accidents, the Supreme Court has established that minimum wages for a skilled worker should be used to calculate notional income, rather than treating the child as a "non-earning person" with a minimal income.
Criminal Law -- Circumstantial Evidence Standards -- For a conviction based solely on circumstantial evidence, the prosecution must establish an unbroken chain of events leading to the inescapable conclusion that the accused is guilty, with no alternative explanation.
Service Law -- Supreme Court’s Stand on Pre-Interview Certificate Requirement -- Court ruled that candidates possessing CCC certification at the interview (even if not at application submission) could not be disqualified -- Terminating candidates solely based on possessing certificates obtained post-application but pre-interview violated both the advertisement terms and the 1995 Regulations.
Repugnancy Doctrine -- State vs. Central Legislation -- When there is a conflict between state and central legislation on a concurrent subject, the central law prevails, unless the state law has received Presidential assent.
Civil Law -- Doctrine of Issue Estoppel -- Once an issue has been conclusively decided in prior proceedings, the same issue cannot be re-litigated -- Here, prior orders in interim writ petitions confirmed the respondent’s obligation to pay minimum guarantee charges, precluding further challenge on this point.
Civil Law -- Duty of Public Authorities in Recruitment -- Supreme Court emphasized the duty of transparency and accountability of public authorities in recruitment matters -- Changing stances or reversing positions on qualification requirements without a thorough, documented review is arbitrary and contrary to the rule of law.
Criminal Law -- Standard of Proof in Criminal Cases -- Prosecution is required to prove the guilt of the accused beyond reasonable doubt -- When there are multiple contradictions, omissions, and lack of corroboration, the benefit of doubt must be given to the accused.
Consumer Protection Act, 1986 -- Medical negligence claims require solid evidence, expert testimony, and proof of deviation from accepted medical standards, not just adverse outcomes from treatment.
Criminal Law -- Bail conditions must be reasonable, related to the trial’s requirements, and should not interfere with civil property rights or prejudice ongoing civil disputes.