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1) Indian Penal Code - Sec 307 - Attempt to murder: The intention or knowledge required under Section 307 IPC is to be inferred from the nature of the weapon used, number and severity of injuries, their location, and surrounding circumstances, not necessarily the actual fatal outcome. 2) Evidence - Testimony of injured witness - The testimony of an injured victim is considered inherently reliable and may suffice for conviction even if other witnesses turn hostile, provided no strong grounds exist to doubt the testimony.
1) Indian Penal Code – Sec 366 – Essential ingredients of kidnapping or abduction require proof of active involvement by accused with intent to compel marriage or illicit intercourse; mere presence with prosecutrix is insufficient. 2) Evidence – Proof of age and consent – Reliable documentary or medical evidence is required to establish minority; oral testimony alone is weak, affecting the determination of consent and applicability of kidnapping offences.
1) Service Law – Compassionate Appointment – Scheme for Compassionate Appointment in Public Sector General Insurance Companies – Clause 1)1 – Requires incapacitation to be certified by a duly appointed Medical Board before age 55 for eligibility. 2) Service Law – Administrative Law – Doctrine of Fairness – An employer cannot take advantage of its own delay or default in processing applications and must communicate deficiencies within reasonable time to allow fulfillment of scheme conditions.
1) Service Law – Railways Act, 1989 – Sections 65(2), 93, and 97 – Burden of proof lies on consignor to prove weight/number stated in railway receipt if loading unsupervised by railway staff; railway liability exists unless loss arises from excepted causes or proven negligence/misconduct. 2) Tort Law – Negligence – Duty of care is a prerequisite to fasten liability on Railways for loss or damage of goods; negligence entails failure to exercise reasonable care causing damage – liability under Section 97 arises only on proof of such negligence or misconduct.
1) Constitutional Law – Writ Jurisdiction – Article 226 – Writ of Certiorari – The writ of certiorari is a supervisory jurisdiction limited to correcting jurisdictional errors, failure to exercise jurisdiction, or illegality, and does not extend to reappreciation of evidence or acting as an appellate court. 2) Constitutional Law – Natural Justice – Audi Alteram Partem – The principle of fair hearing is fundamental such that a party whose rights are going to be affected must be given an opportunity to be heard before adverse findings are recorded against them; breach thereof in cases causing prejudice vitiates the order.
1) Constitutional Law – Article 21 – Right to Life and Personal Liberty – Punishment must conform to principles of dignity, proportionality, and humane treatment; incarceration causing cruel, inhuman or degrading treatment is impermissible. 2) Service Law – Prison Management and Legal Services Authorities Act, 1987 – Role of NALSA in enforcing rights of vulnerable prisoners including initiation of systemic reforms and institutionalizing review mechanisms like Under Trial Review Committees (UTRCs) for compassionate release consideration.
1) Criminal Law – Bhartiya Nyaya Sanhita, 2023, Sections 316(5), 318(4) – Misappropriation and Embezzlement – A prima facie case of criminal misappropriation arising out of breach of contractual obligations can be proceeded with criminally notwithstanding existence of civil remedies or arbitration clause. 2) Arbitration – Arbitration Clause in Commercial Agreements – The existence of an arbitration clause for resolving contractual disputes does not bar criminal prosecution if allegations disclose commission of a cognizable offence; arbitration covers civil consequences but not criminal liability.
1) Criminal Law – Bhartiya Nyaya Sanhita (B.N.S.), 2023, Sections 316(5) and 318(4) – Embezzlement and misappropriation – The commission of offence involving mens rea can give rise to criminal prosecution notwithstanding concurrent civil remedies or arbitration agreements. 2) Arbitration – The existence of an arbitration clause does not bar initiation or continuation of criminal proceedings for acts constituting offences, as arbitration addresses civil disputes and cannot substitute criminal trials.
1) Indian Evidence Act, Section 114(g) – Presumption against party withholding available evidence; adverse inference can be drawn if prosecution withholds evidence favorable to the accused. 2) Criminal Procedure Code, Section 311 – Court’s discretionary power to summon and examine witnesses to ensure justice; failure to summon material witnesses may lead to miscarriage of justice.
1) Evidence – Appreciation and Reliability – Credibility of eyewitness testimony must be critically scrutinized especially when contradicted internally or by other evidence; mere consistency does not guarantee truthfulness (Badam Singh v. State of M.P., (2003) 12 SCC 792). 2) Criminal Trial – Proof Beyond Reasonable Doubt – Suspicion or enmity alone cannot sustain conviction for a heinous crime like murder; prosecution must establish guilt beyond reasonable doubt by cogent and reliable evidence (Sujit Biswas v. State of Assam, (2013) 12 SCC 406).
1) Indian Penal Code – Section 326 – Voluntarily causing grievous hurt by dangerous weapon or means prescribes punishment including imprisonment and fine, and failure to impose fine constitutes legal error in sentencing. 2) Indian Penal Code – Sections 302, 304 and 326 – The assessment of mens rea and knowledge of fatal consequences in acid attack cases determine applicability of murder, culpable homicide not amounting to murder, or grievous hurt provisions.
1) Labour Law – Domestic Inquiry – Principles of Natural Justice and Procedure – Labour Court must first determine the fairness and validity of an employer’s domestic inquiry before proceeding to adjudicate charges on merits, ensuring due process under Industrial Disputes Act, 1947. 2) Labour Law – Evidence and Adjudication – Where domestic inquiry is found unfair or defective, Labour Court has jurisdiction to allow the employer to produce evidence and then decide the dispute on merit, as per Section 11-A of Industrial Disputes Act and settled Supreme Court precedent.
1) Customs Law – Customs Act, 1962, Section 108 and Section 129DD – Legality and evidentiary value of statements recorded under Section 108 and revisional jurisdiction under Section 129DD regarding confiscation and penalty for undeclared dutiable goods. 2) Constitutional Law – Judicial Review under Article 226 of the Constitution of India – Scope of interference with concurrent findings of fact by administrative authorities in writ jurisdiction, limited to cases of perversity, no evidence, or manifest illegality.
1) Public Procurement – General Financial Rules, 2017 (Rule 173(iv) and Rule 189) and Manual of Procurement of Non-Consultancy Services (Clauses 5)4.2, 7)3.4.2(d)) mandate transparency and disclosure of reasons for technical evaluation and rejection in tender processes ensuring fair and reasoned decision-making. 2) Constitutional Law – Articles 14 and 19(1)(g) – Tender evaluation must satisfy principles of fairness, transparency, non-arbitrariness, and equality, including disclosure of objective criteria and reasons for scoring to uphold the doctrine of a level playing field and enable meaningful judicial review.
1) Service Law – Educational Qualification Requirements and Eligibility – Supreme Court rulings in Jomon K K v. Shajimon P and General Manager (HR) v. K. Poovarasan establish that possession of a higher qualification does not ipso facto satisfy the requirement of a prescribed lower qualification where the latter is specifically mandated under service rules or recruitment regulations, emphasizing public interest in equitable employment opportunities. 2) Service Law – Equivalence and Prescribed Qualifications – Under statutory rules such as Rule 10(a)(ii) of Kerala State and Subordinate Services Rules, 1956, higher qualifications can be considered sufficient if they clearly presuppose acquisition of the prescribed lower qualification; absence of such specific provisions or equivalence results in strict adherence to prescribed qualifications.
1) Arbitration – Arbitration and Conciliation Act, 1996, Section 34(2)(b)(ii) – Scope of judicial interference – The court’s power under Section 34 to set aside an arbitral award on grounds of public policy is narrow and does not permit review on merits or factual reappraisal unless the award is patently illegal or shocks the conscience of the court. 2) Contract – Indian Contract Act, 1872, Section 74 – Liquidated damages and penalty clauses – A price adjustment clause imposing a discount upon delay will be treated as a penalty under Section 74 unless damages are proven; failure to prove damages can defeat the claim for price reduction.
1) Civil Law – Indian Succession Act, 1925, Sections 59, 63 – A Will must be duly executed and attested by two witnesses; the execution requires proof that the testator understood the nature and effect of the Will, and at least one attesting witness must be examined in court to establish due execution. 2) Civil Procedure Code, 1908 – Order 41 Rule 31 and Section 96 – First appellate courts must exercise plenary power on facts and law with reasoned judgments setting out points for determination, decisions, and reasons, ensuring justice and judicial accountability; appellate courts should avoid cryptic or non-reasoned orders.
1) Civil Procedure Code – Order VII Rule 11 – Rejection of plaint on limitation ground – Such rejection is a drastic power and can only be exercised when the limitation bar is clear and not a mixed question of law and fact requiring evidence. 2) Indian Succession Act, 1925 – Probate – No specific limitation period prescribed – Limitation Act, Article 137 applies residually – The right to apply for probate is continuous and accrues when it becomes necessary to apply, not necessarily from date of death of testator.
1) Criminal Law – Indian Penal Code, Sections 147, 148, 302 read with 149 – The burden and standard of proof on prosecution to establish the guilt of accused beyond reasonable doubt, requiring credible ocular and medical evidence corroboration. 2) Criminal Procedure Code – Section 157 & Section 173 – The timely registration and forwarding of FIR to the Magistrate are vital procedural safeguards to ensure investigation fairness and prevent ante-timing or fabrication of prosecution evidence.
1) Criminal Procedure Code – Section 82 and Section 438 – Proceedings initiated under Section 82 Cr.P.C. declaring an accused as proclaimed offender disentitles the accused from securing anticipatory bail under Section 438 Cr.P.C. unless exceptional circumstances exist. 2) Criminal Jurisprudence – Anticipatory Bail – The power to grant anticipatory bail is extraordinary and must be exercised cautiously, especially when accused is absconding or has been declared proclaimed offender, as per Supreme Court precedents like Lavesh v. State and Prem Shankar Prasad v. State of Bihar.
1) Indian Penal Code – Sections 463, 464, 465, 467, 468, and 471 – Forgery – The “making” of a false document with the intention of causing it to be believed that it was made by a person who did not make it is essential to attract criminal liability for forgery; mere execution of a document dishonestly or fraudulently without such intention does not constitute forgery. 2) Criminal Procedure Code – Section 482 – Inherent Powers – The High Court’s power to quash criminal proceedings should be exercised sparingly and only when no prima facie case is made out or when the continuation of the prosecution amounts to abuse of the process of law.
1) Land Law – U.P. Imposition of Ceiling on Land Holding Act, 1960 – Section 38-B – Provides that any finding or decision before 10.10.1975 shall not bar fresh proceedings under the amended Act, allowing re-determination of surplus land. 2) Doctrine of Res Judicata – Applicability under statutory amendments – Earlier decisions prior to statutory amendments do not operate as res judicata if the statute expressly permits re-opening and re-determination of issues.
1) Service Law – Contract Employment – Absorption and Regularization – Temporary or contract appointments under government schemes do not automatically confer a right to absorption or regularization post cessation of the scheme or attainment of superannuation age. 2) Constitutional Law – Article 226 – Writ Jurisdiction – Exercise of writ jurisdiction for regularization claims is discretionary and not appropriate where the scheme has ended and the employee has superannuated.
1) Arbitration and Conciliation Act, 1996 – Section 9 and Section 17 – Court’s power to grant interim reliefs prior to constitution of Arbitral Tribunal versus Arbitral Tribunal’s power to grant interim measures once constituted. The Court generally defers to the Tribunal after it is fully constituted to decide interim measures. 2) Contract Law – Share Purchase Agreement and Shareholders’ Agreement – Interpretation and enforcement of contractual obligations, including securing monetary claims and usage of company name pending arbitration disputes.
1) Arbitration and Conciliation Act, 1996 – Section 9 – Jurisdiction of Court to grant interim measures before or during arbitral proceedings – Once the Arbitral Tribunal is constituted, interim relief ordinarily should be sought before the Tribunal under Section 17, and Court’s jurisdiction under Section 9 becomes exceptional. 2) Arbitration and Conciliation Act, 1996 – Section 17 – Powers of Arbitral Tribunal to grant interim protection – The Tribunal can grant interim measures including asset disclosure, preservation of property, and furnishing of security, and is the appropriate forum once constituted.
1) Arbitration and Conciliation Act, 1996 – Section 9, Section 20 & Section 42 – Territorial Jurisdiction and Seat of Arbitration – The court exercising jurisdiction must be the one at the juridical seat of arbitration or where a substantial part of the cause of action has arisen if the seat is not designated. This affects supervisory jurisdiction over arbitral proceedings. 2) Partnership Act, 1932 – Sections 14, 15, 29, 32 & 48 – Nature of Partnership Property – Partnership property is owned by the firm; individual partners have no specific rights over assets except their share in the partnership’s value, enforceable upon dissolution or retirement after settlement of accounts.
1) Arbitration and Conciliation Act, 1996 – Section 9 – Interim Relief – Court’s jurisdiction to grant interim protection to preserve subject-matter of arbitration to prevent irreparable harm pending arbitration proceedings. 2) Indian Contract Act, 1872 – Sections 62 and 63 – Contract Modification – Subsequent agreement modifying original contract obligations does not necessarily extinguish original contract; both agreements may operate together unless the new contract substitutes the original.
1) Maharashtra Co-operative Societies Act, Sec 72 and Sec 154B-10(5)(ii) – Statutory authority vests in the General Body for decision-making including redevelopment; members must vacate flats when redevelopment is approved. 2) Arbitration and Conciliation Act, 1996, Sec 9 – Interim reliefs for possession in redevelopment disputes must balance statutory powers of cooperative society and protection of possessory rights pending final adjudication.
1) Partnership Law – Indian Partnership Act, 1932 – Registered Retirement Deeds – Registered deeds executed by partners or firms hold strong prima facie probative value and cannot be lightly interfered with at interim stage. 2) Civil Procedure – Interim Relief – Principles of granting interim injunction – Court must balance prima facie case, irreparable injury, and balance of convenience, especially considering delay in filing and absence of cogent evidence of fraud.
1) Arbitration and Conciliation Act, 1996 – Section 9 – Interim Measures – The Court may grant interim reliefs to preserve the subject matter of arbitration and protect the efficacy of arbitral proceedings, even when substantive disputes over contractual rights remain undecided. 2) Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 – Section 13(2) – Proceedings under this provision affect continuation of redevelopment projects and hence have direct impact on contractual rights in slum rehabilitation schemes.
1) Maharashtra Co-operative Societies Act, 1960 – Section 154B-7 mandates that no transfer of share or interest of a housing society member shall be effective unless the dues of the housing society are paid and the transferee acquires membership in due course. 2) Maharashtra Co-operative Societies Act, 1960 – Section 154B-14 provides that the society has a charge on the share and interest of a member to the extent of dues payable by such member, implying that dues attach to the property and transfer of ownership carries the liability.
1) Evidence – Indian Evidence Act, 1872, Section 118 – Competency of child witnesses depends on the Court’s satisfaction about their ability to understand questions and give rational answers, not their age per se. 2) Criminal Procedure – Section 164 Cr.P.C. – Statements of child witnesses require close scrutiny for tutoring and need corroboration; their testimony can be accepted if reliable and truthful, even without corroboration.
1) Hindu Marriage Act, 1955 – Section 24 – Maintenance pendente lite – The phrase “during the proceeding” includes the appellate stage as an appeal is a continuation of the original matrimonial proceedings under the Act. 2) Hindu Marriage Act, 1955 – Sections 24 and 25 – Distinction between interim maintenance during proceedings (Section 24) and post-decree maintenance (Section 25) – Section 24 applies until finality of the original proceeding including appeals, and Section 25 applies once decree is passed and proceedings attain finality.
1) Land Acquisition and Allotment – Delhi Development Act, 1957 and policy on alternative plots – The allotment of alternative plots is subject to availability and is governed by the prevailing policy at the time of allotment; previous recommendations or letters do not confer an absolute vested right to specific plot sizes. 2) Limitation and Principles of Delay – Doctrine of delay and laches – Prolonged inaction by claimants leading to waiver of their rights and inability to challenge changed policies or allotments after significant delay, especially when land allocation is a public trust and land is scarce.
1) Criminal Law – Protection of Children from Sexual Offences Act, 2012 – Sections 11 and 12 – Sexual Harassment – Defines sexual harassment as conduct with sexual intent involving following or watching a child repeatedly and establishes presumption of sexual intent from such conduct. 2) Indian Penal Code – Section 354D – Stalking – Constitutes offense when a person repeatedly follows or contacts a woman despite clear indication of disinterest; burden lies on accused to show conduct was reasonable and justified.
1) POCSO Act – Section 2(d), Section 4 & Section 6 – The definition of “child” as under 18 years requires proof of age primarily through documentary evidence as mandated by Section 94 of the Juvenile Justice (Care and Protection of Children) Act, 2015 – medical age determination is resorted to only when documentary proof is unavailable – This is crucial for determining applicability of POCSO provisions and corresponding punishment. 2) Evidence - Forensic Scientific Evidence and Chain of Custody – Evidence seized must be shown to have intact seals and unbroken chain of custody when produced before the court – Delay in sending biological samples to FSL does not per se vitiate evidence if the integrity of samples and seals is otherwise established – Corroborative ocular and medical evidence further strengthens prosecution case.
1) Land Acquisition - Compensation - Assignment of Compensation Rights – A vested statutory entitlement to receive compensation and enhancement thereof after vesting of property is assignable and does not equate to a mere right to sue prohibited under Section 6(e) of the Transfer of Property Act, 1882; such assignment is not barred by Sections 3 and 4 of the Delhi Lands (Restrictions on Transfer) Act, 1972, which restrict transfer of acquired land but not compensation rights. 2) Valuation - Market Value Determination - Application of Appreciation Rates – Application of cumulative or progressive annual appreciation rates for determining market value must consider the temporal gap between exemplar valuation and acquisition date; mechanical application over long periods (beyond 4-5 years) is unsafe and liable to overestimate compensation as held in ONGC Ltd. v. Rameshbhai Jivanbhai Patel and Central Warehousing Corporation v. Thakur Dwara Kalan.
1) Withdrawal of statutory appeal under Section 19 of the Family Courts Act with liberty to file fresh suit, which will be entertained and tried on merits and will not be barred by res judicata as State/Governmental authorities were not parties to the original suit.
1) Not every non-disclosure or mis-disclosure in election affidavit amounts to a substantial defect; only those materially affecting the election outcome and violating voters’ right to informed choice justify rejection of nomination.
1) M.P. Accommodation Control Act, Section 12(1)(b) – Parting with possession without landlord’s consent is ground for eviction – The Act imposes liability on tenants who sub-let or permit possession to third parties without landlord’s consent. 2) Evidence – Burden of proof lies on defendant to establish joint family business tenancy – Mere assertion of joint Hindu family business as tenancy defense must be supported by concrete documentary evidence such as registration certificates, tax returns, or business records.
1) Transfer of Property Act, Section 118 – Exchange – An exchange of immovable property must be effected by a registered instrument as is required for transfer by sale; absence of such registered document renders the exchange invalid. 2) Adverse Possession – Title by adverse possession requires proof of continuous, open, and hostile possession for the statutory period; an unregistered agreement and inconsistent pleas between ownership and adverse possession defeat such claim.
1) Medical Termination of Pregnancy Act, 1971, Section 3(2) & 3(4) – Governs conditions under which termination of pregnancy beyond 20 weeks and up to 24 weeks may be allowed by registered medical practitioners based on medical opinion, and permits termination beyond 24 weeks only in cases of substantial fetal abnormalities. 2) Constitutional Law – Article 21 (Right to Life and Personal Liberty) – Recognizes the right of a woman to make reproductive choices including abortion as an intrinsic aspect of privacy, bodily integrity, and dignity; the pregnant woman is the ultimate decision-maker regarding termination irrespective of gestational limits under the MTP Act.
1) Civil Law – Hindu Succession Act, 1956 – Section 22 – Preferential right of pre-emption among Class I heirs applies to agricultural land inherited through intestate succession. 2) Constitutional Law – Legislative Competence – Entries 5 and 6 of List III and Entries 14 and 18 of List II of Schedule VII – Parliament’s competence extends to succession and preferential rights under Section 22 of HSA, notwithstanding State List entries related to agriculture and transfer of property.
1) Civil Procedure Code — Section 100 — Second Appeal — Requirement of Formulating Substantial Questions of Law — The High Court must formulate substantial questions of law and hear the second appeal only on such questions; failure to do so renders the judgment vitiated (SCC precedents Nazir Mohamed v. J. Kamala and Others, Government of Kerala v. Joseph). 2) Indian Evidence Act — Section 68 proviso — Proof of Execution — Sale Deed — Sale deeds are not documents required by law to be attested; thus Section 68 and its proviso do not apply to registered sale deeds and no attesting witness need be examined unless execution is specifically denied in a suit or proceeding (SCC precedents Hans Raji v. Yosodanand, Bayanabai Kaware v. Rajendra Dhote).
1) Criminal Law – Prevention of Money Laundering Act, 2002 – Sections 4, 43, 44, and 46 – Jurisdiction of Special Courts based on location of proceeds of crime and scheduled offences – Section 44 mandates trial of PMLA offence and connected scheduled offence by the Special Court within whose territorial jurisdiction the offence or proceeds of crime is found. 2) Criminal Procedure – Code of Criminal Procedure, 1973 – Section 178(d) – When an offence consists of several acts in different local areas, any court having jurisdiction over one such area may try the offence, allowing overlapping jurisdiction in cases involving proceeds of crime spread over multiple jurisdictions.
1) Civil Law – Transfer of Property Act, 1882, Section 43 – Doctrine of feeding grant by estoppel – A re-grant of Inam land can benefit earlier alienee only when the earlier and subsequently re-granted properties are identical; without proving identity of the properties, invocation of Section 43 is impermissible. 2) Civil Law – Specific Relief Act, 1963, Section 26 – Rectification of instruments – Rectification corrects recording errors reflecting common intention but cannot substitute one bargain or property for another without consent of original transferor; unilateral alteration of the subject matter is invalid.
1) Civil Law – Specific Relief Act, 1963, Section 23 – Specific Performance – Clause for refund of earnest money does not negate enforceability of contract or bar decree for specific performance unless it clearly gives the defaulting party option to pay money in lieu of performance. 2) Civil Procedure – Second Appeal – Section 100 CPC – High Court cannot disturb concurrent findings of fact of Trial and First Appellate Court without showing perversity, ignoring material evidence or absence of evidence.
1) Arbitration Law – Arbitration and Conciliation Act, 1996 – Section 16 provides the Arbitral Tribunal the kompetenz-kompetenz doctrine, empowering it to rule on its own jurisdiction, including maintainability of proceedings against non-signatories. 2) Constitutional Law – Article 227 of the Constitution of India – Supervisory jurisdiction of High Courts over arbitral tribunals is limited to cases of patent lack of inherent jurisdiction or perversity; such jurisdiction cannot be exercised routinely so as to defeat the legislative policy of minimal judicial interference in arbitration.
1) Indian Penal Code - Sections 498-A and 304-B – Essential ingredients for dowry death require proof of cruelty or harassment soon before death connected to dowry demand, with "soon before" interpreted contextually for proximate and live link. 2) Criminal Procedure Code - Section 222 - The concept of minor offence applies only when two offences are cognate with main ingredients common; Section 304-B IPC cannot be considered a minor offence vis-à-vis Section 302 IPC due to difference in ingredients and punishment severity.
1) Civil Procedure Code – Section 24(5) CPC – Authorizes transfer of a suit or proceeding "from a court which has no jurisdiction to try it," allowing superior courts to remedy jurisdictional defects by transferring proceedings to a competent forum. 2) Civil Procedure Code – Order VII Rule 10 CPC – Mandates return of the plaint where a suit is instituted before a court lacking pecuniary, territorial, or subject-matter jurisdiction, facilitating presentation before the proper court, but does not preclude the transfer of proceedings under Section 24(5).
1) Indian Penal Code – Sections 299, 300, 304 – Distinction between culpable homicide amounting to murder (Section 300) and culpable homicide not amounting to murder (Section 304) hinges on mens rea including intention or knowledge of death likely to result. 2) Evidence Act – Section 154 – A witness declared hostile or cross-examined by the party that called him does not have his evidence discarded in whole; relevant parts admissible and can be relied upon if corroborated.
1) Criminal Procedure Code – Section 438 (Pre-arrest bail) – Anticipatory bail is an extraordinary remedy to be granted sparingly, especially in serious offences, balancing the accused’s liberty and investigation needs. 2) Criminal Law – Anticipatory Bail – The Court must consider the nature and gravity of the offence, role of accused, likelihood of tampering with evidence, and whether the accused has been falsely implicated, before granting anticipatory bail.
1) Evidence Act, Section 27 – Recovery of evidence at the instance of the accused requires strict compliance with procedural safeguards including presence of independent witnesses during disclosure and recovery for admissibility. 2) Criminal Law – Circumstantial Evidence – The prosecution must establish a complete chain of incriminating circumstances consistent only with the guilt of the accused beyond reasonable doubt, excluding all other hypotheses.
1) Criminal Law – Indian Penal Code, Section 304 – Principles of appreciating ocular and medical evidence to establish culpable homicide not amounting to murder. 2) Sentencing – Life Imprisonment – Judicial discretion to modify life sentence to a fixed term where appellant has undergone substantial incarceration and mitigating circumstances exist under relevant Supreme Court precedents.
1) Service Law – Maharashtra Civil Services (Pension) Rules, 1982 – Government Resolutions dated 1st March 2019 interpreting the applicability of pension and gratuity benefits as per 7th Pay Commission recommendations to employees of aided institutions. 2) Constitutional Law – Article 14 – Principle of non-discrimination and arbitrariness in fixation of cut-off dates for pensionary benefits; fixation of arbitrary cut-off dates without intelligible differentia held unconstitutional.
1) Motor Vehicles Act, 1988 – Section 166 – Claims for compensation arising out of motor vehicular accidents – Compensation must consider not only loss of earning during hospitalization but also future earning capacity, permanent disability, pain, and suffering. 2) Evidence – Medical Disability Certification – The burden to establish permanent disablement and loss of future earning lies on claimant and credible medical evidence must be relied upon to assess just compensation.
1) Town Planning – Maharashtra Regional and Town Planning Act, 1966 – Chapter V, Section 86(3) – A sanctioned town planning scheme has statutory force equivalent to enactment under the Act, affecting ownership and rights over modified plots. 2) Property Law – Deemed Conveyance – The validity of deemed conveyance and its effect on ownership rights, including the necessity to challenge it to restrain construction or development on the property.
1) Prisoner Release Policy – Government Resolution dated 15.03.2010 – Categories 3(b) and 4(d) provide different mandatory imprisonment periods for premature release; application of the more beneficial category is warranted when case facts attract multiple categories. 2) Constitutional Law – Article 161 – Exercise of executive discretion regarding remission should be liberally construed in favor of convicts where a beneficial policy exists either at conviction or at release consideration stage.
1) Land Acquisition – Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – Section 2(1) – Definition and scope of "public purpose" restricts acquisition to strategic and infrastructure projects benefiting the general public, including social infrastructure, and acquisition must serve public interest. 2) Constitutional Law – Constitution of India, Article 300A – Right to property is a legal right enforceable only by authority of law and any land acquisition must follow lawful procedure; Ordinances cease to operate prospectively after lapse but rights and liabilities arising during their subsistence may survive as per public interest and constitutional necessity (Krishna Kumar Singh v. State of Bihar).
1) Criminal Law – Indian Penal Code, Sections 299 and 300 – Distinction between culpable homicide and murder, and the application of exceptions under Section 300, especially Exception 4 regarding sudden fight and sudden quarrel – Important to determine intention and knowledge of accused from circumstances and nature of injuries. 2) Evidence – Circumstantial Evidence and Extra-judicial Confession – Principles governing reliance on circumstantial evidence requiring complete and unbroken chain of circumstances pointing to guilt beyond reasonable doubt; extra-judicial confession is a corroborative but weak evidence and must be scrutinized for voluntariness and credibility.
1) Constitutional Law – Article 19 – Right to Education and Access to Information – Restrictions imposed by university ordinance on providing certified copies of examination answer sheets to only two subjects violate the reasonableness test under Article 19 and Maharashtra Public Universities Act, 2016. 2) Legal Education – Bar Council of India Rules and Circulars – Discretion of university to permit examination answer scripts to be answered in regional languages like Marathi, consistent with constitutional recognition of linguistic diversity and educational access.
1) Service Law – Maharashtra Public Service Commission Rules, Rule 10(8)(a) – Stipulates the validity period and operation of waiting/merit lists for recruitment and conditions under which vacancies are to be filled from such lists. This Rule is crucial for determining the Petitioner’s entitlement to appointment against post vacancy after declaration of subsequent advertisement results. 2) Administrative Law – Principles of purposive interpretation and enforcement of statutory service rules – Where a subsequent advertisement’s result declared soon after an earlier recruitment result prevents preparation of a waiting list, the rules must be interpreted favorably towards the candidate with a pending claim based on the first advertisement.
1) Constitutional Law – Article 13 – Bye-laws of Central Board of Secondary Education constitute 'law' within the meaning of Article 13 and are binding unless violative of constitutional provisions. 2) Administrative Law – Date of Birth Correction – Correction of date of birth by the Board is governed by its bye-laws, specifically bye-law No. 69.3, which prohibits correction in certain circumstances including delay and inconsistency with school records.
1) Preventive Detention – Maharashtra Prevention of Dangerous Activities Act, 1981, Section 3(1) – The requirement that the detaining authority must form a subjective satisfaction based on current and relevant material that preventive detention is necessary to maintain public order. 2) Criminal Procedure – Bail Conditions and Detention – The detaining authority is obligated to consider and record satisfaction regarding the efficacy of bail conditions imposed by the criminal court before ordering preventive detention on the same grounds.
1) Criminal Procedure – Bail – Right to Bail – Bail is a discretionary remedy to be granted where the applicant’s involvement is not prima facie established with overt acts of assault, especially when the investigation is ongoing without charge-sheet filed. 2) Evidence – CCTV Footage – The video evidence must clearly demonstrate the accused’s participation in the alleged assault for denial of bail; absence of overt assault on footage weighs in favour of granting bail.
1) Constitutional Law – Article 300A – Right to Property – The State cannot deprive a person of property without authority of law, which includes adherence to strict procedural requirements and payment of fair compensation in land acquisition proceedings as prescribed under the Land Acquisition Act, 1894. 2) Land Acquisition Act, 1894 – Sections 9 and 12 – Mandatory issuance of notice to persons interested and immediate communication of award to such persons are essential preconditions for lawful acquisition; failure to comply renders acquisition proceedings invalid and award null and void.
1) Contempt of Courts Act, 1971 – Sections 12 and 17 – Necessity of proving wilful and deliberate disobedience of court orders for establishing contempt jurisdiction. 2) Customs Act, 1962 – Section 77 – Obligatory duty of customs authorities to accept baggage declaration made by the owner for clearance purposes.
1) Maternity Benefit Act, 1961 – Section 5(2) – A woman who has worked for not less than eighty days during the twelve months immediately preceding the date of expected delivery is entitled to maternity benefits, but such entitlement arises only during the subsistence of the employer-employee relationship. 2) Maternity Benefit Act, 1961 – Section 12 – Protection against dismissal or discharge of a woman employee during pregnancy or maternity leave applies only if termination is by dismissal or discharge during pregnancy or absence, not when employment ceases by efflux of time.
1) Labour Law – Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 – Section 50 – Jurisdiction of Industrial Court to entertain and decide complaints and miscellaneous applications including inquiry into unfair labour practices and implementation of orders. 2) Industrial Disputes Act, 1947 – Settlement – Binding effect and enforceability – A settlement accepted by majority and duly signed is presumed valid unless fraud or deceit is proved – Factual determination necessary where dispute arises regarding individual employee actions (e.g., tendering resignation).
1) Indian Penal Code – Section 376(2) – Defines rape and prescribes punishment for rape on a minor or under aggravated circumstances; proving age of victim is essential to establish offence under this section. 2) Protection of Children from Sexual Offences Act, 2012 – Section 6 – Mandates punishment for penetrative sexual assault on a child; proof of victim’s being a child (minor) is a necessary ingredient to attract this provision.
1) Criminal Procedure Code – Section 372 (Proviso) – Victim’s right to appeal against acquittal under a penal provision without requiring special leave from the High Court. 2) Negotiable Instruments Act, 1881 – Section 138 – Dishonour of cheque constitutes a penal offence, and the person entitled to proceeds is recognized as a victim under Cr.P.C.
1) Transfer of Property Act, 1882 – Section 54 – A valid sale of immovable property requires transfer of ownership in exchange for a price paid or promised; absence of consideration renders the sale deed void. 2) Civil Procedure Code, 1908 – Order 6 Rule 17 and Order 7 Rule 11 – Where an amendment application is pending under Order 6 Rule 17 CPC to remedy defects pointed out in the plaint, such application must be decided before entertaining an Order 7 Rule 11 CPC application for rejection of the plaint, to serve the interest of justice.
1) Constitutional Law – Right to Freedom of Choice in Marriage – As upheld in Lata Singh v. State of U.P. (AIR 2006 SC 2522), an adult individual has the absolute right to marry anyone of their choice without interference or coercion from parents or society. 2) Criminal Law – Police Duty and Protection – Police must provide protection to couples in inter-caste or inter-religious marriages against threats, harassment, or violence and initiate criminal proceedings against offenders as per law.
1) Interest – The rate of interest awarded by a Tribunal or Court in compensation cases must be just and reasonable, considering factors like inflation, economic changes, and Reserve Bank of India policies, as held in Puttamma v. K. L. Narayana Reddy, (2013) 15 SCC 45. 2) Interest – Under Motor Accident Claims jurisprudence, enhancement or reduction of interest rates depends on case-specific facts; arbitrary imposition without reasoning is liable to adjustment, as established in Divisional Manager, Oriental Insurance Co. Ltd. v. Kalbalatha Mohapatra, 2005 (1) TAC 569.
1) Motor Vehicles Act, 1988 – Section 173 – Compensation to victims or dependents in case of fatal accident – Income of the deceased should be assessed based on minimum wage circulars when evidence supports such classification and appropriate future prospects must be added. 2) Compensation Law – Dependents and Personal Expenses – When there are 4 to 6 dependents, a deduction of one-fourth towards personal expenses is appropriate as per Smt. Sarla Verma v. DTC ruling.
1) Motor Vehicles Act, 1988 – Section 149(2) – Liability of insurer when vehicle is plying without a valid permit, the insurer’s defense and recoverability of compensation from the owner. 2) Insurance Law – Liability and rights of insurer to indemnity – Even if insurer has no direct liability due to policy violation, it must satisfy award first and then recover from insured owner by appropriate proceeding.
1) Motor Vehicles Act, 1988 – Section 166 and Section 149(2) – Liability of insurer for compensation to third parties even if the vehicle does not have a valid permit; insurer’s right to recover from the insured owner thereafter. 2) Insurance Law – Principle of “Pay and Recover” – The insurer must initially satisfy the award to the claimant but retains the legal right to recover the compensation amount from the vehicle owner without filing a suit.
1) Motor Vehicles Act, 1988 – Section 173 – Compensation for death due to motor accident must be assessed based on actual minimum wage rates applicable at the time of accident to ensure just and fair compensation for loss of dependency. 2) Compensation Law – Loss of Consortium – As per National Insurance Company Ltd. v. Pranay Sethi (2017) 16 SCC 680, all legal heirs are entitled to fixed amounts towards loss of consortium, loss of estate, and funeral expenses in motor accident claims.
1) Service Law – Contractual obligations and statutory contracts – Punjab Minor Minerals Concession Rules, 1964 – Clause 19 of Form-L explicitly disclaims payment of interest on security deposits, which, when agreed to by parties, is binding and enforceable. 2) Contract Law – Interpretation of commercial contracts – Courts must enforce clear and unambiguous terms agreed to by parties and cannot rewrite contracts or impose new terms under the guise of equity or public policy.
1) Service Law – Maharashtra Regional and Town Planning Act, 1966, Section 154 and Section 37 – Refund of premium for additional FSI – Non-utilization of granted additional FSI does not preclude a refund if policy permits or analogous cases indicate such relief. 2) Constitutional Law – Article 14 – Principle of fairness and non-arbitrariness in State action – Arbitrary denial of refund on discriminatory grounds violates Article 14 requiring fair and equitable treatment by the State.
1) Insolvency Law – Presidency Towns Insolvency Act, 1909 – Section 9(2) – A "decree or order" under this section must strictly conform to definitions under the Civil Procedure Code, 1908, and does not include instruments like arbitral awards or recovery certificates issued by quasi-judicial bodies prior to legislative recognition. 2) Recovery of Debts Due to Banks and Financial Institutions Act, 1993 – Section 19(22A) (Inserted in 2016) – Statutory provision deeming recovery certificates issued by Debt Recovery Tribunals as equivalent to a decree or order of a court for the purpose of initiating insolvency or winding-up proceedings, which does not apply retrospectively to pre-amendment certificates.
1) Securities Law – SEBI (Mutual Funds) Regulations, 1996 – Regulation 33(4) & 39 – Close-ended Mutual Fund Schemes must be fully redeemed at maturity unless rolled over with unitholders’ consent and prior SEBI approval. 2) Securities Law – SEBI Act, 1992 – Sections 11, 15D(b), & 15HB – Penalty for breach of statutory obligations is attracted upon contravention of regulations regardless of absence of mens rea or resulting investor gain.
1) Land Acquisition Law – Land Acquisition Act, 1894 – Section 5A – Mandates opportunity of personal hearing and due consideration of objections before submission of report and issuance of declaration under Section 6; compliance is mandatory for valid acquisition. 2) Administrative Law – Principles of Natural Justice – Right to be heard and fair procedure – Effective opportunity of hearing under Section 5A requires notice and consideration of objections with reasons, but full judicial procedure is not mandated as LAO acts in an administrative capacity.
1) Service Law – Disability – Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, Section 47 mandates non-discrimination in government employment and obligates shifting of disabled employee to alternate or supernumerary post rather than termination. 2) Constitutional Law – Administrative Law – Delegated Legislation and Retrospective Application – Notification exempting certain establishments from statutory provisions is prospective unless explicitly stated to be retrospective, and exemption from a beneficial welfare statute is to be strictly construed.
1) Service Law – Taxation and Royalty – Mines and Minerals (Development and Regulation) Act, 1957, Section 9 and Second Schedule – Legislative competence to fix rates of royalty and method of computation on ad valorem basis includes prescribing sale value components. 2) Constitutional Law – Articles 14 and 19(1)(g) – Doctrine of manifest arbitrariness and reasonableness – Measures adopted to prevent evasion of royalty payments and manipulation of average sale price having reasonable nexus and not violating fundamental rights.
1) Civil Procedure Code – Order VIII Rule 1 proviso, as amended by the Commercial Courts Act, 2015 – mandates that a defendant in a commercial suit must file a written statement within 30 days from summons service, extendable only up to 120 days with reasons recorded and costs paid, failing which the right to file is forfeited. 2) Civil Procedure Code – Order VIII Rules 6A(3) and 6G – filing of a written statement to a counter-claim by the plaintiff is governed by the same rules relating to a written statement filed by a defendant, including the time limits under Order VIII Rule 1 CPC.
1) Criminal Law – Indian Penal Code, Sec 302 and Sec 120B – Circumstantial evidence must form a complete, unbroken and conclusive chain unerringly pointing to guilt excluding all reasonable hypotheses of innocence. 2) Criminal Law – Indian Penal Code, Sec 201 – Liability for causing disappearance of evidence arises from knowledge and intention to screen offenders from legal punishment; conviction can be sustained on clear incriminating evidence distinct from murder charge.
1) Mining and Minerals Law – Mines and Minerals (Development and Regulation) Act, 1957, Section 15 and Punjab Minor Mineral Concession Rules, 1964, Rules 10 and 21 – The State has statutory power to revise royalty and dead rent rates during the lease period, which forms an implied condition of every mining lease granted under the rules. 2) Constitutional Law – Rules of Business under Article 166 of the Constitution of India – Compliance with mandatory procedure involving consultation and approval by the Council of Ministers, particularly Chief Minister and Finance Department, is necessary for financial decisions affecting the State’s finances.
1) Criminal Law – Arms Act, 1959 – Sections 25(1-B)(a) and 26 – Possession of Arms – Conviction under Arms Act requires proof of conscious possession and dominion over seized arms, not mere recovery at the accused’s premises. 2) Criminal Law – Evidence – Possession and Control – Legal possession entails knowledge and control over the weapons; possession under coercion or fear negates culpability under Arms Act.
1) Juvenile Justice (Care and Protection of Children) Act, 2015 – Section 19(1) – Mandates the Children’s Court to pass a reasoned order deciding whether a child in conflict with law, upon receipt of preliminary assessment under Section 15, is to be tried as an adult or as a child; such order is mandatory and non-compliance vitiates the trial. 2) Juvenile Justice (Care and Protection of Children) Act, 2015 – Sections 15 and 18 – Requires preliminary assessment of mental and physical capacity of the child by the Board before trial, with consequent procedures differing based on whether the child is to be tried as adult or juvenile, emphasizing different regimes for trial and sentencing.
1) Taxation Law – Karnataka Sales Tax Act, 1957 – Exemption – Strict construction of taxing statutes requires that exemption entries be interpreted strictly as per the text, without adding limiting words not present, ensuring certainty and no implied territorial limitations on commodities defined. 2) Constitutional Law – Retrospective Legislation – Karnataka Act No. 5 of 2001 – Legislature has competence to enact retrospective fiscal laws including restricting exemptions; however, retrospective taxation must be reasonable and avoid penal consequences such as imposition of penalty or retrospective interest on dealers who had acted under prior law and assessments.
1) Service Law – Appointment in Educational Institutions – West Bengal Madrasah Service Commission Act, 2008 – Sections 8, 10 to 12 – Validity of appointments sans commission’s recommendation and adherence to recruitment norms. 2) Constitutional Law – Articles 14 and 16 of the Constitution of India – Equality of opportunity and fair recruitment process – Applicability to minority educational institutions receiving State aid in appointment of teaching and non-teaching staff.
1) Foreigners Act, 1946 — Section 9 — Burden of Proof — While the proceedee bears the burden of proving that he/she is not a foreigner, this burden must be discharged within a fair and lawful process that includes proper notice, opportunity to be heard, and consideration of evidence by the Tribunal. 2) Constitutional Law — Articles 14 & 21 of the Constitution of India — Due Process and Fair Hearing — The determination of foreigner status affecting life and liberty must comply with the principles of natural justice and fairness, including reasonable and meaningful notice, opportunity to contest, and reasoned adjudication.
1) Motor Vehicles Act, 1988 – Section 166 – Standard of proof in claim cases is preponderance of probabilities and not proof beyond reasonable doubt as applicable in criminal trials. 2) Civil Evidence – Doctrine of Res Ipsa Loquitur – When a heavy vehicle is left standing on a public roadway at night without adequate warning signals and an accident occurs, the burden shifts on the defence to prove all reasonable precautions were taken.
1) Criminal Law – Dowry Death & Trial Procedure – Sections 498A, 304B, 34 IPC and Sections 3/4 Dowry Prohibition Act, 1961 – The principle that split trials arising from subsequent investigations on the same FIR are permissible provided no prejudice is caused to the accused and that evidence is carefully evaluated respecting accused’s presence. 2) Criminal Law – Code of Criminal Procedure – Sections 156(3), 158, 167, 173 – The primacy of the Magistrate in taking cognizance and the limited powers of the police and superior officers in directing investigation or charge-sheet filing, emphasizing that irregularities in investigation alone do not vitiate the trial absent miscarriage of justice.
1) Criminal Law - Indian Penal Code, Sections 302/34, 394, 411 - The requirement of proving participation in a criminal act with common intention and premeditation for conviction under these sections. 2) Evidence - Credibility of Police Witnesses - Testimony of police officers as recovery witnesses can be relied upon if found trustworthy and reliable without mandatory corroboration by independent witnesses, as per Supreme Court rulings.
1) Criminal Procedure Code – Section 190(1)(b) – Magistrate’s power to take cognizance of offences upon police reports includes discretion to ignore the investigating officer’s conclusion and independently apply mind to the facts to issue process. 2) Criminal Procedure Code – Section 482 and inherent powers – Power to quash criminal proceedings should be exercised sparingly and only in rarest cases, not to be used for pre-trial assessment of evidentiary reliability or factual disputes such as plea of alibi.
1) Maintenance – Section 125 Cr.P.C. mandates maintenance to a wife and minor children unable to maintain themselves regardless of formal marriage where parties have lived as husband and wife – the law protects the purpose and object of maintenance provisions over formalistic proof of marriage. 2) Family Law – Supreme Court’s rulings in Badshah v. Urmila Badshah Godse (2014) and Rajnesh v. Neha (2021) require a purposive, socially contextual approach in Section 125 Cr.P.C. claims, including mandatory filing of affidavits disclosing income, assets, and liabilities to determine maintenance quantum.
1) Service Law – U.P. Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974 – Appointment on compassionate grounds requires prior verification of facts and inquiry before termination. 2) Administrative Law – Doctrine of Legitimate Expectation and Protection against Arbitrary Termination – Unauthorized termination without due procedure and after substantial service period can be held illegal.