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1) Indian Penal Code – Sec 376(2)(j), 376(2)(l) – Burden of Proof – Prosecution must prove rape beyond reasonable doubt, especially when victim is mentally challenged, requiring strict scrutiny of evidence. 2) Evidence – Omission in statement and contradictions in testimony of key witness materially affect credibility and reliability, warranting benefit of doubt to accused.
1) Prison Law – Goa Prison Rules, 2021 – Rule 119 – Provides discretionary power for granting parole, including emergency parole, subject to conditions. 2) Criminal Procedure – Parole conditions – The convict must comply strictly with specified movement restrictions and reporting requirements to police during parole period.
1) Indian Penal Code - Sec 363 - Kidnapping – Conviction for kidnapping requires proof of forcible or fraudulent removal of a person without consent, raising alarm or resistance, especially when the victim is a minor. 2) Criminal Jurisprudence – Principle of Parity – Where co-accused face identical evidence and acquittal is recorded for one, the other accused must also be acquitted to avoid discrimination.
1) Civil Procedure Code – Order I Rule 3 – Non-joinder of a necessary party in matrimonial proceedings does not amount to an adjudication on merits and does not bar fresh proceedings; 2) Family Law – Principle of Res Judicata – For matrimonial petitions, fresh cause of action arising from new or subsequent acts or omissions of cruelty or adultery can sustain new proceedings notwithstanding earlier dismissed petitions.
1) Service Law – Recruitment Conditions – Residence Requirement – The residence condition stipulated in government resolutions remains binding unless formally modified, and candidates fulfilling the same in a Gram Panchayat comprising multiple villages are eligible for appointment. 2) Administrative Law – Finality of Recruitment Process – Once a recruitment process is completed and finalized, subsequent vacancies cannot revive an expired select list nor confer indefeasible rights of appointment on candidates not appointed earlier.
1) Service Law – Maharashtra Zilla Parishad District Services (Discipline and Appeal) Rules, 1964 – Principles of Natural Justice – Supply of documents and opportunity of hearing are mandatory requirements for valid departmental enquiry and penalty imposition. 2) Service Law – Disciplinary Proceedings – Enquiry Procedure – Enquiry without examination of witnesses, appointment of enquiry officer and failure to provide enquiry report and material to the charged officer violates the statutory inquiry rules rendering proceedings and penalty orders liable to be quashed.
1) Service Law – Disciplinary Enquiry – Examination of Ticketless Passengers – The failure to examine ticketless passengers does not automatically vitiate the enquiry if other evidence including hearsay statements by reporting officer is admissible and sufficient. 2) Service Law – Enquiry Procedure – Inquiry Officer Role – The Inquiry Officer may record evidence even of prosecution witnesses and cross-examine defence witnesses without vitiating the enquiry, and service regulations permitting the Inquiry Officer to act as such precludes invalidating the inquiry on that ground.
1) Labour Law – Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, Section 30(2) – provision for interim relief during pendency of unfair labour practice complaint. 2) Civil Procedure – Judicial direction – Courts may direct expeditious disposal of pending labour complaints in interest of justice and timely relief.
1) Civil Procedure – Res Judicata – An order dismissing an application in limine on procedural grounds without considering merits does not attract res judicata. 2) Public Trusts – Substitution of Parties – The proper procedure requires allowing substitution on production of death certificate and merits of fresh applications must be adjudicated independently.
1) Administrative Law – Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963 – Section 52B(1)(a) – Provides for appeal to the Director against decisions or orders passed by Market Committee or its officers; including decisions to conduct inquiry and impose suspension. 2) Administrative Law – Suspension and Penalty – Maharashtra Agricultural Produce Marketing (Development and Regulation) Rules, 1967, Rule 102 – Suspension is a penalty requiring proper reason and procedure including opportunity of hearing, failure of which vitiates the order.
1) Corporate Law – Lifting of Corporate Veil – The corporate veil may be lifted only upon clear evidence of misuse of corporate personality for fraudulent or improper conduct and such determination requires trial and evidence. 2) Civil Procedure Code – Order XV-A – Summary proceedings under Order XV-A for payment of arrears of rent do not permit extensive adjudication on the liability of directors absent evidence and appropriate pleadings.
1) Evidence – Victim’s Testimony – The sole testimony of a rape victim, if found truthful and reliable, can constitute sufficient basis for conviction under Section 376(1) IPC. 2) Sentence – Section 376(1) IPC – The quantum of sentence imposed must reflect the circumstances of the case and the ends of justice, and may be modified on appeal even if conviction is affirmed.
1) Constitutional Law – Articles 21 and 300A – Protection against deprivation of property without fair compensation applies to unlawful occupation of private land by the State or its agencies. 2) Land Acquisition – Proper acquisition procedure and payment of compensation or rent are mandatory prerequisites for lawful possession and regularization of land occupied for public purposes.
1) Procedure – Impleading parties – A new incumbent in a public office is impleaded as a party respondent in ongoing proceedings concerning their predecessor to ensure effective adjudication and enforcement of orders. 2) Civil Procedure – Amendment of pleadings – Courts have inherent power to allow amendment of cause titles to reflect changes in parties necessary for just and proper determination of the case.
1) Constitutional Law – Articles 226 & 227 – Writ jurisdiction is supervisory and not appellate; interference is warranted only if there is an error of jurisdiction or an error apparent on the face of the record, such as ignoring relevant evidence, thereby causing a miscarriage of justice. 2) Cooperative Societies Act, 1972 – Sections 61 & 76 – Award and appeal thereunder require consideration of all relevant evidence; failure to consider material documentary evidence can render the award and appellate order liable to be set aside in writ jurisdiction.
1) Administrative Law – Procedural Fairness – Section 8 of the Chhattisgarh Rajya Suraksha Adhiniyam mandates prior notice and meaningful hearing before passing an externment order, constituting a mandatory condition precedent for validity. 2) Administrative Law – Jurisdiction – An administrative authority cannot review or recall its own final order unless explicitly empowered by statute; absence of such power renders any reopening order without jurisdiction and void ab initio.
1) Criminal Procedure Code, Section 482 – Power of High Court to quash criminal proceedings is distinct from power to compound offences under Section 320 of the erstwhile CrPC/Section 359 of BNSS; quashing on settlement grounds depends on whether continuing proceedings would amount to abuse of process. 2) Criminal Jurisprudence – Victim and informant/complainant are distinct; only victim(s), defined as person who suffered loss or injury, can authorize compromise for quashing criminal proceedings; informant who is not victim lacks locus to veto settlement.
1) Execution – Permanent Prohibitory Injunction – Such decree operates perpetually against judgment-debtors and their successors and can be executed afresh upon any subsequent breach, notwithstanding prior satisfaction of execution petition. 2) Jurisdiction – Execution Proceedings – An executing court acquiring jurisdiction through transfer over the subject matter of a decree can entertain execution petitions; failure to raise jurisdictional objections timely waives such objections, rendering assumption of jurisdiction irregular but not void.
1) Criminal Procedure Code – Section 482 – Powers of High Court to quash FIR or charge sheet must be exercised sparingly and only in exceptional cases where allegations do not prima facie constitute an offence. 2) Indian Penal Code – Sections 420, 465, 467, 468, 471 – Forgery and cheating require proof of dishonest intention and fabrication or alteration of document causing wrongful loss or gain.
1) Criminal Procedure – Section 528 of BNSS, 2023 empowers the High Court to quash proceedings in the interest of justice where parties have amicably settled disputes. 2) Criminal Law – Compromise in offences of personal nature – When parties have settled their disputes and likelihood of conviction is minimal, continuation of proceedings amounts to abuse of process of court.
1) Motor Vehicles Act, 1988 – Section 207(2) provides that the seized vehicle may be released only by the Transport Authority or an authorized officer after document verification, excluding criminal courts from this jurisdiction in absence of a complaint. 2) Procedural Law – Criminal Courts under Section 497 of BNSS or analogous provisions have jurisdiction to order custody or disposal of property only when complaint or charge-sheet is presented before them, otherwise jurisdiction lies exclusively with the Transport Authority.
1) Criminal Procedure Code, Section 156(3) – Magistrate’s power to direct investigation and subsequent registration of FIR is valid where there exists prima facie material indicating commission of offence. 2) Indian Penal Code – Offences under Sections 323, 382, 451 read with Section 34 IPC require independent inquiry and cannot be dismissed on preliminary quashing motions without full investigation and trial.
1) Constitutional Law - Article 226 - Writ Petition - The adjudicatory authority can dismiss a writ petition as infructuous if subsequent developments eliminate the subject matter of the petition. 2) Service Law - Jammu and Kashmir Higher Judicial Service Rules 2009 - Amendments to service rules can render pending challenges to earlier notifications infructuous and non-justiciable.
1) Constitutional Law – Article 226 – Writ Jurisdiction – A writ petition becomes infructuous if subsequent statutory or executive amendments negate the cause of action originally challenged. 2) Service Law – Jammu and Kashmir Higher Judicial Service Rules 2009 – Subsequent amendment notification supersedes prior impugned orders or notifications thereby rendering challenges thereto non-justiciable.
1) Negotiable Instruments Act, 1881 — Section 138 — Legal notice period — Time barred legal notice can be excused if limitation is extended by Supreme Court directives during extraordinary circumstances such as Covid-19 epidemic. 2) Negotiable Instruments Act, 1881 — Impleadment of Parties — A complaint under Section 138 can be filed against a company through its Managing Director, and the company may be impleaded as accused through its MD without separately impleading the MD; however, the complainant may seek to implead the MD as co-accused for clarity.
1) Criminal Procedure Code – Section 156(3) – empowers a Magistrate to order investigation when complaint discloses cognizable offence prima facie. 2) Prevention of Corruption Act – registration of FIR and investigation require sufficient prima facie material to support the allegations against accused persons.
1) Excise Law – Jammu & Kashmir Excise Act, 1958, Section 4 – Powers of Officers – Statutory authority to issue notices affecting legal rights must be vested expressly in officers appointed under the Act and cannot be delegated informally to subordinate officers such as Excise Inspectors without lawful authority. 2) Administrative Law – Tenancy and Licence – A landlord who ratifies or consents to the use of premises for a specific trade cannot later challenge the licence granted for that trade on grounds relating to location or usage which were known or acquiesced to at the time of lease.
1) Preventive Detention – Jammu & Kashmir Public Safety Act, Section 8 – Detention order must be based on subjective satisfaction supported by cogent material indicating a real threat to public order, not merely on FIRs or convictions. 2) Constitutional Law – Article 22(5) – Right to make representation against detention is mandatory and must be effectively communicated to the detenue, failing which the detention order is liable to be quashed.
1) Criminal Procedure – FIR – Principle that multiple FIRs for the same occurrence are generally impermissible but factual disputes on this matter require trial stage adjudication. 2) Armed Forces (Jammu & Kashmir) Special Powers Act, 1990 – Section 7 – Prior sanction from Central Government is a prerequisite for prosecution of armed forces personnel for offences committed during official duty in disturbed areas.
1) Criminal Jurisdiction – Registration of FIR – Under SRO 202, Crime Branch is competent to investigate offences extending beyond single district jurisdiction. 2) Criminal Law – FIR – Registration of multiple FIRs on same allegations – Mere overlapping of offences in separate FIRs does not mandate quashing of subsequent FIR; prevention of double jeopardy requires proper investigation and trial management.
1) Procedure – Letters Patent – Clause 12 bars appeals against orders or judgments of Single Judges in criminal jurisdiction unless otherwise provided. 2) Judicial Precedent – Consistent prior rulings establish non-maintainability of such appeals until a Full Bench rules differently.
1) Service Law – Promotion – Right to promotion accrued prior to superannuation cannot be extinguished by retirement and must be given effect to. 2) Administrative Law – Promotion Procedures – Employer is bound to obtain vigilance clearance and maintain APRs; denial of promotion on absence of such reports, when employer fails to procure them, is unjust.
1) Constitutional Law – Article 22(5) – Grounds for detention must be clear and specific, enabling the detenue to effectively challenge the detention. 2) Constitutional Law – Articles 14 and 21 – Vague and non-specific grounds of detention violate the fundamental right to personal liberty and amount to arbitrariness invalidating the detention order.
1) Criminal Law – Bail – Considerations for Grant of Bail – Courts must weigh nature and gravity of offence, severity of punishment, risk of tampering with evidence, and likelihood of absconding against accused’s right to liberty and prolonged detention. 2) POCSO Act, 2012 – Section 30 – Statutory presumption as to culpable mental state shifts burden to accused to rebut, influencing bail considerations in sexual offence cases involving children.
1) Criminal Procedure – Section 482 Cr.P.C – High Court’s inherent power to quash orders at advanced trial stage is to be exercised sparingly and not to pre-empt trial. 2) NDPS Act – Section 37 – Bail provisions impose stringent conditions; bail may be granted only if accused satisfies Court with reasonable grounds of innocence and absence of risk of offense repetition or witness tampering.
1) Jurisdiction – Investigation – The Economic Offences Wing has jurisdiction to register and investigate offences falling under document-related crimes as specified in the government notification and such jurisdiction is determined by the nature of offenses disclosed in the FIR at the time of registration, not by the ultimate offenses established after investigation. 2) Criminal Law – Cheating and Corruption – Obtaining public employment by producing a category certificate issued on false information and the misuse of official position by public servants for illegal issuance of such certificate attract offences under Sections 420, 120-B, 167 RPC and Section 5(2) of the Prevention of Corruption Act.
1) Constitutional Law – Article 301 – Guarantees freedom of trade, commerce and intercourse throughout the territory of India and prohibits unlawful restrictions by States on inter-State trade. 2) Constitutional Law – Articles 302 and 303 – Enumerate the parameters and limitations on imposing restrictions or preferences on inter-State trade, requiring public interest justification and presidential assent for restrictions affecting trade freedom.
1) Limitation – Delay and Laches – Even though no statutory limitation period is prescribed for filing writ petitions challenging departmental enquiry findings, undue delay without sufficient cause disentitles the petitioner from relief. 2) Service Law – Disciplinary Enquiry – Findings of misconduct in departmental inquiry are not open to challenge where the delinquent admits correctness and legality of the enquiry process, unless findings are perverse or illegal.
1) Evidence – Ocular testimony – The trustworthiness and consistency of eye-witnesses' testimony is critical for proving guilt beyond reasonable doubt. 2) Criminal Procedure – Delay in recording statements – Inconsistent or belated statements, without plausible explanation, may impair credibility of prosecution witnesses.
1) Service Law – Recruitment – The qualification equivalence prescribed by Government Resolution must be assessed objectively with reference to course contents and approval by regulatory bodies, and employer has discretion to determine suitability for specific teaching posts. 2) Service Law – Vacancy – A candidate’s right to appointment is governed by the vacancy position existing at the time of consideration/selection and not solely on the vacancy position as on date of advertisement, particularly where there is bona fide reduction in sanctioned posts; no vested right to appointment arises merely on selection.
1) Tax Law – Maharashtra Goods and Services Tax Act, 2017 – Section 107 and Section 112 – Refund of pre-deposit – Refund claim is maintainable to the extent demand is dropped and appellate proceedings in respect thereof have attained finality despite pendency of appeal on another portion. 2) Constitutional Law – Article 265 – Continued retention of statutory pre-deposit amount contrary to appellate order amounting to illegal exaction violating constitutional mandate against unauthorized tax collection.
1) Maharashtra Tenancy and Agricultural Lands Act, 1948 – Section 70(b) – The statutory authority must determine tenancy based on preponderance of admissible evidence including revenue entries, cultivation records, panchanama and oral testimony. 2) Revenue Law – Mutation Entries and Section 32G/32M proceedings – Mutation entries are not conclusive proof of tenancy or ownership; fixation of purchase price and payment under Section 32G/32M must be clearly established for such rights to prevail.
1) Revenue Law – Maharashtra Stamp Act, 1958, Section 53A(1) – The statutory limitation period may govern either the initiation of revision proceedings or the completion of the entire process depending on interpretation and legislative context. 2) Administrative Law – Limitation and Finality – Proceedings initiated within the statutory period must ordinarily be completed within a reasonable time to ensure certainty and prevent indefinite delays.
1) Government Resolution dated 16 May 2015 – Proof of Eligibility – Prescribes distinct documentary requirements to establish existence of hutment and commercial/professional use, mandating specific proof for commercial entitlement beyond a commercial electricity bill. 2) Administrative Law – Natural Justice – Opportunity of hearing requires consideration of material and correctness of procedure but does not compel disregarding prescribed evidentiary standards or grant entitlement without required proof.
1) Maharashtra Stamp Act, 1958 – Article 5(g-a)(i) – A Development Agreement conferring authority or power on a promoter or developer for construction, development, sale or transfer of immovable property—such an instrument attracts stamp duty under Article 5(g-a)(i). 2) Stamp Duty – Market Value – Consideration in form of deferred revenue sharing stipulated in a Development Agreement can be computed on the date of execution by considering available development rights, applicable ready reckoner rates and future profit sharing as a basis for valuation.
1) Maharashtra Stamp Act, 1958 — Section 2(na) & Article 5(g-a) — Revenue-sharing agreement entailing development rights constitutes valid consideration for stamp duty calculation, requiring comparison of open-market value and consideration stated in the instrument, with the higher value taken for duty. 2) Maharashtra Stamp Act, 1958 — Section 32A(5) — The Collector may reassess stamp duty within ten years on receipt of information, and audit objections may trigger but cannot solely determine liability; final authority rests with the competent stamp authority after due examination.
1) Stamp Duty – Maharashtra Stamp Act, Schedule I, Article 5(g-a) – An agreement conferring authority or rights to a developer/promoter for development, construction, or sale of immovable property attracts stamp duty under Article 5(g-a), regardless of the document's title. 2) Stamp Duty – Valuation – Consideration in the form of future revenue share arising from development rights must be valued as on the date of execution by applying present value methods, including relevant rates and deferment factors, for stamp duty purposes.
1) Evidence – Dying Declaration – A dying declaration, if made voluntarily, truthfully and inspires confidence, can form the sole basis of conviction without requiring corroboration. 2) Forensic Evidence – Bloodstains – Failure to determine blood group of blood stains due to disintegration does not necessarily prove fatal to prosecution if other evidence is credible and investigation unimpeached.
1) Civil Procedure – Impleadment of Parties – A new incumbent holding a public office is a necessary party in proceedings relating to actions or decisions of that office when predecessors have been transferred or retired. 2) Parties – Persons not party to original proceedings cannot be impleaded subsequently unless they have a direct interest or are necessary for the adjudication of the matter.
1) Service Law – Disciplinary Proceedings – Regulation 65 of FCI (Staff) Regulations, 1971 mandates that borrowing authority must promptly inform the lending authority of suspension or disciplinary proceedings against an employee on deputation, and disciplinary action post repatriation requires specific statutory provisions. 2) Service Law – Natural Justice – Conducting an inquiry ex parte requires recording of sufficient reasons and the delinquent officer must be given an opportunity to defend, including access to relevant documents; failure vitiates the inquiry.
1) Service Law – Compulsory Retirement – Such an order is not punitive but based on the subjective satisfaction of the authority in public interest and may be interfered with only if mala fide, arbitrary or without evidence. 2) Administrative Law – Integrity Certification – Neutral remarks such as “Nothing adverse” amount to no adverse reflection and cannot be treated as negative or as grounds to doubt integrity.
1) National Security Act, 1980 – Preventive Detention – Requirement of subjective satisfaction – Detaining authority must have reliable material demonstrating awareness of detenue’s custody and real possibility of release on bail coupled with probability of prejudicial activities upon release. 2) Criminal Jurisprudence – Bail Consideration – Mere ipse dixit or mechanical statement regarding possibility of bail without evidentiary basis is insufficient to uphold preventive detention under NSA.
1) Administrative Law – Assam Medical Council Act, 1999 – Sections 17, 23, and 32(D) – Powers to refuse or remove registration and withdraw registration for ethical violations require due enquiry, opportunity of hearing and reasoned orders. 2) Constitutional Law – Natural Justice – Quasi-Judicial Function – Principles of fair hearing and reasoned decision-making apply to disciplinary actions with serious civil consequences affecting professional rights.
1) Preventive Detention – National Security Act, 1980 – Requirement of subjective satisfaction and material basis for belief about likelihood of bail and consequent threat to public order. 2) Judicial Custody – Validity of detention order against a person already in judicial custody depends on detaining authority’s knowledge of custody status, bail application, and reliable material supporting necessity for detention.
1) Indian Penal Code, Sec 376 – Rape – Conviction can be based solely on the testimony of the prosecutrix if her evidence is found reliable and trustworthy even in absence of corroboration or medical evidence of injury. 2) Criminal Procedure Code, Sec 154 – FIR – Unexplained delay in lodging the FIR may affect credibility but is not fatal if the victim’s mental trauma or fear is shown as reason for delay.
1) Indian Penal Code – Section 302, 367, 201, 147 – Conviction requires proof beyond reasonable doubt and formation of a complete chain of circumstantial evidence excluding every hypothesis but guilt. 2) Criminal Procedure – FIR – Delay in filing FIR without plausible explanation casts doubt on credibility and may affect trustworthiness of prosecution case.
1) Criminal Law – Indian Penal Code, Sections 376 and 120(B) – Consent in sexual offences – Consent obtained by false promise of marriage by accused married woman can amount to consent obtained under misconception of fact, attracting Section 376 second exception. 2) Criminal Procedure – Section 482 CrPC / Section 528 BNSS – Power to quash criminal proceedings – Quashing is an exceptional remedy to be exercised sparingly, especially not at the stage of charge-sheet and cognizance, unless allegations on face of record disclose no prima facie case or proceedings are manifestly malicious or abuse of process.
1) Correction of a judgment requires that the amendment does not alter the substance or complexion of the matter but only rectifies clerical or obvious errors.
1) A petitioner’s claim for regularization is contingent upon fulfilling the qualifying service period as established by the State Government or competent authority.
1) A party has the right to withdraw a duplicate or subsequent appeal filed in respect of the same subject matter and judgment, consolidating proceedings by continuing with one appeal.
1) A diploma holder appointed as Senior Resident before 08.06.2017 with four years' experience is eligible for promotion to Assistant Professor under the National Medical Commission (NMC) regulations.
1) Criminal Law – Indian Penal Code, Sec 302, 120B, 201 – Conviction under circumstantial evidence – Evidence of last seen along with consistent eyewitness testimony and timely lodging of FIR can form basis for sustaining conviction. 2) Criminal Procedure – Suspension of Sentence – Court to consider strength of evidence, conduct of trial, and balance of convenience in determining suspension application; mere existence of some doubt does not suffice.
1) Indian Penal Code, Section 323 – Voluntarily Causing Hurt – Conviction can be based on reliable circumstantial evidence and medical opinion even in absence of independent eyewitness. 2) Probation of Offenders Act, 1958, Section 4 – Court’s discretion to release offenders on probation, particularly applicable to aged persons and those without criminal history.
1) Arbitration and Conciliation Act, 1996 – Section 9 – Interim Measures – Are intrinsically linked to actual or manifestly intended arbitration; interim relief under Section 9 ceases upon termination of arbitration proceedings. 2) Civil Procedure Code, 1908 – Section 144 and Principles of Restitution – Actus curiae neminem gravabit – A party benefiting from an interim order which is later set aside must compensate for losses and bear costs occasioned by such order.
1) Arbitration and Conciliation Act, 1996 – Section 9 – Interim Measures – A party may confine its relief claims under separate contracts with distinct arbitration clauses to one contract in a Section 9 petition, provided liberty is granted to pursue other claims separately. 2) Indian Contract Act, 1872 – Sections 170, 171 and 221 – Agent’s Lien – An agent’s right to retain principal’s property (particular lien) must relate to claims arising out of the same contract or property; a general lien or cross-contractual lien requires express contractual or statutory authority and cannot be presumed.
1) Constitution of India – Article 22(1) – Mandates the person arrested to be informed of the grounds of arrest and requires communication of such grounds in writing to the arrested person and their nominated relatives or friends for meaningful protection of liberty. 2) BNSS, 2023 – Sections 47 and 48 – Section 47 requires the accused to be supplied with grounds of arrest, whereas Section 48 mandates notice in writing to relatives or friends nominated by the accused; non-compliance with Section 48 undermines legality of arrest and detention.
1) Criminal Law – Malicious Prosecution – A suit for damages based on malicious prosecution requires proof that criminal proceedings were initiated without reasonable cause and with mala fide intention, resulting in injury to reputation or person – Formal prosecution and acquittal are not indispensable conditions. 2) Evidence – Defamation – To establish damage to reputation, plaintiff must adduce cogent and credible evidence that reputation in estimation of society was lowered, typically requiring independent witnesses beyond the plaintiff’s own testimony.
1) Service Law – Departmental Enquiry – Principles of Natural Justice mandate that the charged officer should be furnished with all relevant documents and be given an opportunity to cross-examine prosecution witnesses to submit an effective defence. 2) Service Law – Departmental Enquiry – Absence of Defence Assistant does not per se invalidate proceedings unless prejudice is caused to the charged officer. Admission of guilt by the petitioner negates claim of prejudice.
1) Service Law – CRPF Act, 1949 and Rules, 1955 – Sections 9, 10, and 11 – Prolonged unauthorised absence and desertion by a member of disciplined armed forces constitutes grave misconduct and justifies removal from service. 2) Constitutional Law – Judicial Review under Article 226 – Punishment imposed by disciplinary authorities will not be interfered with unless it is shockingly disproportionate to the proven misconduct and shocks the conscience of the Court.
1) Criminal Procedure – Sections 154, 162, 173 CrPC – Only the earliest FIR recorded under Section 154 CrPC initiates investigation; subsequent informations relating to the same offence are statements under Section 162 and do not warrant fresh FIRs or investigations. 2) Constitutional Law – Article 226 and Criminal Procedure Code Section 482 – High Court has power to quash or interdict investigations based on successive FIRs to prevent abuse of process and ensure ends of justice.
1) Criminal Procedure – Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 – Provides the procedure and discretionary power of the court to grant bail after considering the nature of offence, evidence, and other ancillary factors. 2) Bail Jurisprudence – Principle of bail being the rule and jail an exception – The court must consider the personal liberty under Article 21 of the Constitution of India before denying bail and weigh factors such as possibility of tampering with evidence, chances of absconding, severity of punishment, and public interest.
1) Medical Termination of Pregnancy Act, 2021 – Section 3 and Rule 3B of the MTP Rules (2021 Amendment) – Provides the conditions and categories (including survivors of rape and minors) for lawful termination of pregnancy up to 24 weeks; importance lies in protecting the health and autonomy of the pregnant woman. 2) Constitutional Law – Article 21 – Right to life with dignity includes reproductive choice and bodily autonomy; the continuance of pregnancy resulting from sexual assault amounts to grave injury to mental health and thereby justifies termination of pregnancy.
1) Bail – Anticipatory Bail – Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 – The grant of anticipatory bail requires judicial discretion, taking into account the nature and gravity of the offence, antecedents of the accused, likelihood of flight, and other relevant circumstances as per settled Supreme Court precedents. 2) Criminal Procedure – Bail Conditions – The court may impose specific conditions at the time of granting anticipatory bail to ensure cooperation with the investigation and prevent misuse of the liberty granted.
1) Land Acquisition Act, 1894 – Section 4 – The date of notification under Section 4 is crucial for fixation of market value of land for compensation purposes. 2) Land Compensation – Principles of Compensation – Market value for land acquired compulsorily must reflect the best obtainable price for similar adjoining lands at or about the date of Section 4 notification.
1) Administrative Law – Natural Justice – Blacklisting – Blacklisting constitutes "civil death" imposing a stigma that affects future business opportunities and hence mandates prior issuance of show cause notice and opportunity of hearing before imposing such penalty. 2) Civil Procedure – Evidence – Proof of Breach – When the defendant does not deny the material facts asserted by the plaintiff regarding non-compliance with natural justice, oral evidence is not required for proving such breach, and court can decide on documentary and undisputed facts.
1) Transfer of Property Act, 1882 – Section 54 – Sale – Transfer of ownership vests upon execution and registration of sale deed irrespective of full payment of sale consideration, unless deed expressly conditions transfer on full payment. 2) Gujarat Prevention of Fragmentation and Consolidation of Holdings Act, 1947 – Applicability – Sale of fragmented land is voidable, not void, and civil courts have jurisdiction unless expressly barred by statute.
1) Service Law – Regularisation Policy under SRO 520 of 2017 – Eligibility for regularisation contingent on proven engagement prior to cut-off date fixed by Government Order No. 43-F of 2015. 2) Administrative Law – Burden of proof – Claimants must provide reliable, contemporaneous records such as muster rolls or wage lists to establish entitlement in face of official denial.
1) Constitutional Law – Article 14 – State action concerning allotment of public property must be reasonable and non-discriminatory, providing similarly situated persons with equal treatment. 2) Administrative Law – Public Property Allotment – An eligible applicant is entitled to fair, timely, and transparent consideration of claims under prescribed criteria and judicial directions even if not an absolute right to allotment.
1) Sufficient cause for delay in filing an appeal should be liberally construed to advance substantial justice, provided the delay is not due to mala fide or dilatory tactics.
1) The grant of anticipatory bail depends on the nature of the case, conduct of the petitioner, and whether there is imminent apprehension of arrest as per Section 41-A Cr.P.C.
1) Liability for nuisance and unlawful interference with water supply due to use of prohibited kucha latrine and disconnection of supply line on ancestral property.
1) Transfer of immovable property requires registration under the Registration Act, 1908 for valid title conveyance; unregistered sale deeds do not confer title.
1) Arbitration – Jurisdiction and Maintainability – Objections relating to the status of a party invoking MSMED Act provisions and limitation can be raised and adjudicated before the Arbitral Tribunal constituted under the Arbitration and Conciliation Act, 1996. 2) Micro, Small and Medium Enterprises Development Act, 2006 – Registration of MSME post-contract completion does not bar invoking MSMED Act rights; the question of retrospective applicability and limitation is a matter for the arbitral forum to decide.
1) Service Law – Principles of Natural Justice – Duty to disclose all material adverse to delinquent during disciplinary enquiry and to afford opportunity to explain or rebut such material – Essential for fairness and valid adjudication. 2) Service Rules – Evidence in Disciplinary Proceedings – Documents admitted with petitioner’s acceptance are admissible notwithstanding absence of cross-examination of exhibiting witnesses, provided genuineness is not disputed and no prejudice caused.
1) Discretionary power under Article 226 of the Constitution can be exercised to allow payment of stamp duty by installments even if not expressly provided in the Notification, in the interest of justice.
1) Absence from beneficiary list and prior deposit of compensation by acquiring authority precludes entitlement to further compensation.
1) An appeal can be disposed of at an initial stage by granting liberty to file a review application and maintaining status quo pending such application.
1) Delay in filing an appeal can be condoned if sufficient cause for the delay, such as poverty and inability to engage counsel, is shown.
1) Conviction in sexual offence cases can be based on the sole testimony of a credible and trustworthy prosecutrix without requiring corroboration, and minor contradictions or delay in lodging FIR do not necessarily undermine the prosecution’s case.
1) Constitutional Law – Article 226 – Writ jurisdiction – Money Claims – A writ petition for recovery of admitted dues is maintainable; however, disputes involving complex factual and evidentiary questions require relegation to civil courts. 2) Contract – Disputed Claims – Where quantum of dues is genuinely disputed and requires oral and documentary evidence, writ jurisdiction is ordinarily not exercised to adjudicate such claims.
1) Indian Penal Code, Section 396 - Dacoity with Murder requires that five or more persons conjointly commit dacoity and in committing the same commit murder; both acts must be sequentially connected. 2) Indian Penal Code, Section 391 - Definition of dacoity involves five or more persons conjointly committing or attempting robbery, establishing the first act before the alleged murder.
1) Indian Penal Code; Section 307 – Attempt to Murder – The prosecution must establish intention or knowledge coupled with overt act to convict—mere bodily injury, even if capable of causing death, is insufficient without proof of requisite mens rea. 2) Criminal Evidence – Testimony of Injured Witness – An injured witness’s evidence is accorded special status and should be relied upon unless major contradictions or discrepancies undermine credibility.
1) Revenue Law – U.P. Land Revenue Act, 1901, Section 219 – Revisional jurisdiction is confined to examining legality or propriety of subordinate revenue court orders and does not confer power to review or set aside final orders passed in separate revision proceedings by coordinate authorities. 2) Procedure – Finality of judicial decisions – A final judgment passed by a competent authority attains finality and cannot be reopened or nullified by another revisional authority absent specific statutory authority conferring such power.
1) Indian Penal Code – Sec 323 and Sec 34 – Offence of voluntarily causing hurt by multiple accused acting in furtherance of common intention – Conviction can be sustained on combined testimony of informant, eyewitness, and medical evidence; 2) Evidence – Appreciation of Evidence – Medical evidence corroborating testimony of informant and independent eyewitnesses holds significant probative value despite minor inconsistencies or omissions in complaint or cross-examination.
1) Evidence – Victim’s Testimony – In sexual offences involving minors, the testimony of the victim, if credible and trustworthy, can form the sole basis for conviction without requirement of corroboration. 2) POCSO Act, 2012 – Sections 4 and 8 – Proof of Minor’s Age – Birth certificate issued by local authority is admissible evidence to establish minor status; prosecution burden to prove victim’s age strictly discharged by such documentary evidence.
1) Criminal Law – Bail – Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 – Bail may be granted considering the nature of allegations, antecedents of the accused, and pendency of related legal issues. 2) Criminal Procedure – Impact of Sub Judice – Pending adjudication of legal question by the Supreme Court can be a relevant factor in exercising discretion for bail.
1) Civil Procedure Code, 1908 – Order VI Rule 17 – Amendment of Pleadings – Application for amendment should be liberally allowed but is subject to considerations of delay, prejudice, and stage of the suit. 2) Civil Procedure Code, 1908 – Counter Claim – Counter claim cannot be permitted at a belated stage, especially after issues are framed and the cause of action for the counter claim arose after filing of the defence.
1) Contract Law – Development Agreement – Fixed timelines for statutory approvals, commencement, and completion of redevelopment are fundamental obligations, breach of which entitles the Society to terminate the contract. 2) Arbitration and Interim Relief – Section 9 of the Arbitration and Conciliation Act empowers courts to grant interim relief, including possession, to protect the subject matter of arbitration and to prevent irreparable harm despite pending disputes over termination or monetary claims.
1) Contract Law – Franchise Agreement – Post-termination Obligations – A franchisee is contractually prohibited from using the franchisor’s registered trademark or any deceptively similar mark after expiry of the agreement, and this obligation includes refraining from claiming any association with the franchisor “in any manner”. 2) Arbitration – Scope – Disputes arising “out of or in connection with” a contract, including those involving trademarks and intellectual property licenses, are arbitrable where rights and obligations are inter se parties and the arbitration clause is broadly worded.