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1) Criminal Law – Indian Penal Code, 1860 – Sections 302 and 34 – The prosecution must establish the accused’s involvement beyond reasonable doubt to sustain conviction for murder under Section 302 read with Section 34; suspicion alone is insufficient. 2) Criminal Law – Evidence Act – Reliance on eyewitness testimony requires credibility, naturalness of presence, timely disclosure, and consistency; failure in these aspects may render evidence unreliable for convicting the accused.
1) Criminal Law – Indian Penal Code, 1860 – Sections 302, 120B, 201, 326, 307 – Principles governing bail in cases of serious offences involving criminal conspiracy and murder – the court must weigh prima facie involvement and the risk to witnesses before granting bail. 2) Criminal Law – Bail – Discretion of the Court – The court should consider the likelihood of the accused influencing witnesses or posing a threat to public safety against the liberty interest of the accused as per precedents including Sudha Singh v. State of Uttar Pradesh (2021) 4 SCC 781.
1) Criminal Law – Indian Penal Code, 1860 – Sections 302, 120B, 201 – Principle of criminal conspiracy liability holds that each conspirator may not commit the overt act but is equally liable if part of the conspiracy, including acts such as threatening and abetting the criminals post-offence. 2) Criminal Procedure – Bail jurisprudence – The factors to be considered in granting bail include nature and gravity of accusations, prima facie evidence of involvement, likelihood of witness tampering or threat to their safety, and balancing accused’s liberty with society’s interest in law and order (drawing on Supreme Court precedents including Sudha Singh v. State of U.P.).
1) Criminal Law – Negotiable Instruments Act, 1881; Section 138 – Proviso to Section 372 of the Code of Criminal Procedure (now Section 413 BNSS) – The victim of an offence under Section 138 has the statutory right to appeal against an acquittal order without seeking special leave from the High Court. 2) Criminal Procedure – Code of Criminal Procedure, 1973 – Section 372 (Proviso) / Section 413 BNSS – The appellate remedy provided to victims includes the right to appeal in case of acquittal, conviction for lesser offence, or inadequate compensation, empowering them to challenge orders without prior special leave.
1) Criminal Law – Code of Criminal Procedure, Section 125 – Maintenance – The provision mandates maintenance for wife and children where husband neglects to maintain, ensuring livelihood irrespective of disputes concerning legal validity of marriage. 2) Service Law – Salary and Income Assessment – Consideration of salary slips and actual net income is essential in determining the quantum of maintenance payable under Section 125 CrPC.
1) Criminal Law – Indian Penal Code, 1860 – Section 376(2)(f) and (i) – Offences relating to rape of a minor under authority – Imprisonment for life means imprisonment for remainder of natural life as per statutory mandate. 2) Criminal Law – Protection of Children from Sexual Offences Act, 2012 – Section 29 – Presumption of guilt arises upon establishment of foundational facts by prosecution; accused required to rebut on preponderance of probabilities.
1) Arbitration and Conciliation Act, 1996 – Section 43(4) – Limitation – The period between commencement of arbitration and setting aside of award by Court shall be excluded while computing limitation for any subsequent proceedings with respect to the same dispute including arbitration or suit – enabling fresh proceedings upon setting aside of award. 2) Arbitration and Conciliation Act, 1996 – Sections 4, 7(4)(c), 16, 34 – Jurisdiction and Waiver – Objections regarding lack of Arbitration Agreement or jurisdiction must be raised promptly before Arbitral Tribunal failing which deemed waived; such pleas can only be raised before court under Section 34 with strong and good reasons for initial failure to raise.
1) Civil Procedure Code, 1908 – Section 88 and Order XXXV – Interpleader Suit – The suit is maintainable only where a neutral plaintiff faces two or more adverse claims to the same debt or property and claims no interest except charges or costs, and is willing to relinquish all claims after deposit or delivery to rightful claimant. 2) Jurisdiction – Foreign proceedings and Arbitration Clause – Jurisdiction to adjudicate ownership and contractual disputes relating to a foreign-registered Vessel with ongoing foreign Court and arbitration proceedings is barred; the arbitration clause in the Time Charter Party mandates disputes between parties be resolved in arbitration.
1) Service Law – Employees Provident Fund Act, 1952 – Section 11(2) – Statutory dues for EPF contributions constitute first charge on employer’s assets and are payable in priority over all other debts notwithstanding any other law. 2) Financial Law – SARFAESI Act, 2002 – Section 26E – Priority of secured creditors registered with CERSAI over all other debts including dues payable to Central or State Government or local authorities, superseding earlier enactments.
1) Civil Law – Transfer of Property and Injunction – A party seeking permanent injunction must establish title and proper identification of the property, failing which injunction cannot be granted. 2) Property Law – Land Acquisition – If acquisition proceedings against a property are set aside and acquisition is declared null, any allotment or sale based on such acquisition cannot confer valid title.
1) Criminal Law – Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 – Section 3(2)(v) – Knowledge of victim’s caste by accused is an essential ingredient to sustain conviction under the Act. 2) Criminal Law – Indian Penal Code, 1860 – Section 302 (Murder) & Section 376D (Gang Rape) – Sentencing – Life imprisonment without remission requires rarest of rare circumstances; mitigating factors such as age, family responsibility and lack of past criminality justify modification to fixed term life imprisonment.
1) Indian Succession Act, 1925 – Section 63 – Execution and attestation requirements of a will – At least one attesting witness, if alive, must testify regarding the testator’s signature and attestation of all witnesses for the will to be duly proved. 2) Indian Evidence Act, 1872 – Section 68 – Circumstantial evidence – The presence and attestation of witnesses must be satisfactorily established to prove due execution of the will, failing which the will can be disbelieved.
1) Arbitration Law – Arbitration and Conciliation Act, 1996 – Section 11(6) and Section 11(6A) – The jurisdiction of a referral court at the Section 11 stage is limited to prima facie determination of the existence of an arbitration agreement and does not extend to detailed adjudication of capacity or authority of parties to invoke arbitration; such issues are reserved for the Arbitral Tribunal under Section 16. 2) Arbitration Law – Doctrine of Competence-Competence – The principle under Section 16 of the Arbitration and Conciliation Act emphasizes that the Arbitral Tribunal has the authority to decide on its own jurisdiction, including questions regarding the existence, validity, and scope of the arbitration agreement, and on whether a non-signatory or individual consortium member is a party to the arbitration agreement.
1) Criminal Law – Indian Penal Code, Sections 498-A and 306 – For conviction under Section 306 IPC, there must be clear proof of suicide and proximate instigation or aid by the accused; mere allegations of harassment or cruelty without cogent evidence are insufficient. 2) Criminal Procedure – Evidence and Investigation – Proper seizure, sealing, and chain of custody of forensic evidence such as viscera are crucial for admissibility and reliability; lapses therein weaken the prosecution’s case and benefit the accused.
1) Criminal Law – Protection of Children from Sexual Offences (POCSO) Act, 2012 – Section 7 and Section 8 – Sexual Assault – The presence of sexual intent is a key ingredient to prove sexual assault under the POCSO Act; sexual intent is to be inferred from facts and conduct of the accused, not just words. 2) Criminal Law – Indian Penal Code – Section 354A(1) – Sexual Harassment – Acts causing sexual harassment require proof of intention relating to unwelcome physical contact or advances of a sexual nature, and such intention can be determined from the evidence as a whole.
1) Service Law – Maharashtra Ownership Flats Act, 1963 (MOFA) – Section 4 and Section 10 – require promoter to disclose the precise nature of the organization to be constituted at the time of agreement and to take timely steps for formation and registration of such organization, whether cooperative society or company. This statutory mandate ensures certainty and protection of flat purchasers’ rights and prohibits postponement or discretion by the promoter to decide the form later. 2) Property Law – Maharashtra Apartment Ownership Act, 1970 (MAO Act) – Sections 2 and 11 – submission of property to the Act requires execution and registration of a declaration containing the consent and participation of the sole or all owners covering detailed particulars; unilateral or partial execution does not satisfy statutory requirements and cannot validly submit the property under the Act.
1) Maharashtra Cooperative Societies Act, 1960 – Sections 83 and 85 – Section 83 inquiry is preliminary and tentative, determining prima facie responsibility, whereas Section 85 empowers the Registrar to apportion inquiry costs fairly among parties involved, subject to hearing and justification, but does not fix final liability. 2) Maharashtra Cooperative Societies Act, 1960 – Section 88 – Final adjudication of guilt or delinquency through charging and hearing process that can exonerate persons; costs can be recovered under Section 88 only from those finally found liable, overriding any prima facie findings from Section 83 inquiries.
1) Service Law – Maharashtra Cooperative Societies Act, 1960, Sections 22(2) and 23(2) – These provisions require a society to communicate a timely and reasoned decision on membership admission or refusal, failing which the applicant is deemed a member; a refusal communicated within time is binding unless proved unreasonable. 2) Property Law – Maharashtra Cooperative Societies Act, 1960, Section 154B-7 – No transfer of share or membership is valid unless all society dues have been paid and the transferee is admitted as a member in due course; undisputed dues are a lawful precondition to membership even for auction purchasers.
1) Cooperative Societies Act, 1960 – Section 11, 22, 25A – Jurisdiction of Registrar – Section 11 confers limited jurisdiction to decide only preliminary questions of eligibility such as residence within the area, being an agriculturist, or statutory disqualification under Section 22(1A), not complex disputes involving succession, transfer validity, or title. 2) Cooperative Societies Act, 1960 – Section 25A – Removal of members – Section 25A empowers the Registrar to direct removal of a member’s name only where disqualification under the Act is established; it does not authorize substitution of members or adjudication of title succession disputes.
1) Employees Provident Fund and Miscellaneous Provisions Act, 1952 – Section 2(b) and Section 7A – Basic Wages – The definition of basic wages is inclusive and only expressly excludes specific allowances; artificial splitting of wages to reduce the provident fund contribution base is impermissible and contrary to the protective purpose of the Act. 2) Social Welfare Legislation – Provident Fund – Interpretation – The substance over form principle applies, allowing the Authority under Section 7A to look beyond declared salary components to identify artificial wage structuring designed to evade statutory liabilities.
1) Criminal Law – Unlawful Activities (Prevention) Act, 1967 – Section 43-D(5) – Bail – Bail under this provision is barred for accused involved in terrorist activities unless the accused establishes exceptional circumstances such as a serious medical condition that cannot be treated in custody. 2) Criminal Procedure – Bail on Medical Grounds – Bail may be granted on medical and humanitarian grounds only if the medical infirmity is so serious that adequate treatment is not available in jail; mere frequency of medical visits or presence of illness is insufficient to warrant bail.
1) SARFAESI Act, 2002 – Section 13(8) – Right of Redemption – The borrower's right to redeem secured assets ceases on the date of publication of the public auction notice, and tendering dues after this date need not be accepted by the secured creditor. 2) SARFAESI Act, 2002 – Sections 13(2), 13(4) and 13(8) – Recovery Procedure – Bank’s initiation of recovery measures under Section 13(8) post failure of OTS and after issuance of prior notices is lawful, subject to compliance with prescribed procedures and RBI guidelines.
1) Limitation Law – Section 5 of the Limitation Act, 1963 – Courts must adopt a liberal, pragmatic, justice-oriented approach in condoning delay, balancing substantial justice with public interest and requiring sufficient cause for delay to be shown. 2) Civil Procedure – Order XLVII Rule 1 CPC – Review petitions are restricted to errors apparent on the face of record, discovery of new evidence not previously available despite due diligence, or other sufficient reasons, and cannot be used as appeals in disguise.
1) Civil Procedure – Interim Orders – Effect of Staying Vacation of Interim Orders by Appellate Court – When an appellate court keeps a vacation order of an interim injunction in abeyance, the original interim order revives and continues in force until final disposal of the appeal. 2) Criminal Law – Role of Police – Duty of SHO to Implement Court Orders – The SHO is bound to implement interim orders as directed by the court, including those revived by appellate intervention, ensuring preservation of status quo as per judicial directives.
1) Service Law – Promotion – Time-Scale Promotion (Regularly appointed Senior Resident possessing PG Degree) Rules, 2018 – Effect of sealed cover recommendation and retrospective promotion after exoneration in departmental enquiry. 2) Service Law – Government Service – Departmental Enquiry and sealed cover procedure – Office Memorandum dated 14-09-1992 on sealed cover handling and determination of promotion date upon exoneration.
1) Criminal Law – Prevention of Corruption Act, 1988 and CrPC Section 197 – Requirement of prior sanction for prosecution of public servants is a procedural safeguard; absence of such sanction vitiates investigation and related proceedings, making them liable for quashing. 2) Constitutional Law – Article 14 and Doctrine of Arbitrariness – State’s fiduciary role in allotment of public land demands reasonableness, fairness, and non-arbitrariness; malafide prosecution and abuse of criminal process violate constitutional norms and justify judicial intervention under inherent powers of the court.
1) Criminal Law – Indian Penal Code, Section 302 and Section 34 – The guilt of the accused must be established beyond reasonable doubt; the distinction between "may be" and "must be" proved is a legal principle establishing that conviction cannot rest on mere conjecture or probable inference. 2) Criminal Law – Appeal Against Acquittal – The appellate court has power to re-appreciate evidence but should not disturb an acquittal if two reasonable views are possible; reversal requires substantial and compelling reasons as established in Chandrappa v. State of Karnataka (2007).
1) Criminal Law – Indian Penal Code, Section 376(2)(d) – Rape – Reliance on testimony of hostile witnesses and FIR – Court should be slow to act on hostile witness testimony and requires corroboration for conviction. 2) Criminal Procedure – Evidence – Medical Evidence and Forensic Reports – Medical and forensic findings inconsistent with prosecution’s case weaken the prosecution’s evidence and affect the reliability of conviction.
1) Insurance Law – Fire Insurance – Standard Fire and Special Perils Policy – The insurer’s liability to indemnify arises upon loss caused by the specified peril of fire, and the proximate cause of fire (e.g., preceding theft/burglary) is immaterial unless excluded under the specific peril clause. 2) Contract Law – Insurance Exclusion Clauses – Exclusion clauses in insurance contracts must be construed strictly and interpreted in favor of the insured; exclusion of theft/burglary under the Riot, Strike, Malicious Damage (RSMD) clause does not exclude fire loss caused subsequently by such acts unless explicitly stated.
1) Service Law – Pay Scale Anomalies – Bihar Reorganisation Act, 2000, Section 34(4) – Judicial orders of the High Court of Patna prior to the reorganisation have the same effect as orders of the High Court of Jharkhand, making those precedents binding on the successor State. 2) Constitutional Law – Article 14 – Equality and Non-discrimination – Differential treatment between similarly situated employees is impermissible unless based on intelligible differentia with rational nexus, particularly regarding pay scale parity and removal of anomalies.
1) Service Law – SARFAESI Act, 2002 – Section 2(1)(zf) & Section 13 – Security Interest and Enforcement – Enforcement of security interest under the SARFAESI Act requires creation of a valid security agreement or mortgage in favour of the secured creditor which was absent in the present case. 2) Constitutional Law – Constitution of India – Article 371A – Special Provisions for Nagaland – The SARFAESI Act cannot be enforced in Nagaland prior to the state legislature’s notification, and therefore enforcement action under the Act before the notification is without jurisdiction.
1) Electricity Law – Electricity Act, 2003 – Section 86(1)(b) – Power Purchase Agreements require approval by the State Commission, and unapproved PPAs must be aligned with applicable tariff regulations for validity and enforceability. 2) Electricity Law – Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2004 – Definition of Commercial Operation Date (COD) applicable at unit level mandates that power supplied after synchronization and successful trial runs by individual generating units qualifies as firm power, entitling generator to fixed charges.
1) Criminal Law – Prevention of Corruption Act, 1988, Section 19 – Prior sanction of competent authority is mandatory before taking cognizance of offences committed by public servants during their tenure, irrespective of their subsequent retirement; absence of sanction vitiates the trial. 2) Criminal Law – Prevention of Corruption Act, 1988, Sections 7, 12, 13(1)(d) and 13(2) – Proof of demand of illegal gratification is a sine qua non for conviction; mere possession or recovery of tainted currency notes without corroboration of demand cannot sustain conviction; statutory presumption under Section 20 arises only after establishing the foundational fact of demand.
1) Criminal Law – Negotiable Instruments Act, 1881, Section 138 – Victim's Right – The proviso to Section 413 of the BNSS confers a statutory right on the victim to prefer an appeal against an acquittal or inadequate compensation without the need for special leave to appeal. 2) Criminal Procedure Code – Section 372 proviso (now BNSS Section 413) – Appeals by Victims – Procedural provision permitting victims of an offence to file appeals against acquittal orders independently of the complainant status and without requiring High Court's special leave.
1) Criminal Law – Indian Penal Code, Sections 391, 395 and 397 – Definition and Ingredients of Dacoity – The offence of dacoity requires the participation of five or more persons conjointly committing robbery. The prosecution must prove the involvement of at least five persons to attract Sections 395 and 397 IPC. 2) Criminal Law – Evidence – Test Identification Parade and Recovery – Identification and recovery of stolen property must be credible, reliable and supported by evidence; absence of direct evidence, contradictions and lack of independent witnesses weaken prosecution’s case.
1) Criminal Law – Indian Penal Code, 1860 – Circumstantial Evidence – The chain of incriminating circumstances must be fully established beyond reasonable doubt, consistent only with the guilt of the accused, excluding all other hypotheses; failure to satisfy this standard entitles the accused to benefit of doubt (Sharad Birdhichand Sarda v. State of Maharashtra). 2) Evidence Law – Indian Evidence Act, 1872 – Identification Evidence and Section 65-B – Identification parades are vitiated if witnesses are shown photographs of accused prior to parade, and electronic evidence must comply with Section 65-B certification requirements unless original source is produced.
1) Criminal Law – NDPS Act, Section 37 – Bail for offences involving commercial quantity of narcotics – Mandatory denial of bail unless conditions under Section 37(1)(b)(ii) are satisfied – Bail is the exception, not the rule, in cases involving commercial quantity under NDPS Act. 2) Criminal Law – Bail Jurisprudence – Admissibility and scope of bail – At bail stage, only prima facie assessment of material is permissible, courts cannot undertake detailed evidence scrutiny or determine guilt or innocence.
1) Constitutional Law – Article 14 – Equality – Leaseholders under distinct statutory schemes (Government Order 1981 and J&K State Lands Act 2001) cannot claim parity or allege discrimination when statutory provisions and eligibility differ materially. 2) Service Law – J&K Public Premises (Eviction of Unauthorized Occupants) Act, 1988, Section 4(1) – Empowers Estate Officer to issue eviction notices to unauthorized occupants after lease expiry and non-renewal; such action is lawful and binding.
1) Criminal Law – Bail – The fundamental principle of bail is that it should be granted unless there are grounds for believing that the accused is likely to abscond or tamper with evidence. 2) Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 – Sections 61(2), 111(3), and 3(5) – The implications for individuals accused of offenses under this Act highlight the necessity for credible evidence when denying bail, particularly when the accused has been in custody at the time of the alleged offense.
1) Motor Vehicle Act – Compensation – The assessment of compensation must consider the nature of injuries, loss of income, and future disability, applying relevant precedents to ensure a just outcome in accordance with the fundamental principles of compensation law. 2) Civil Procedure – Modified Awards – A modified award can supersede prior awards if based on justified facts and evidence, and should be valid unless challenged within the appropriate legal forum, maintaining the principles of justice and fairness in compensatory claims.
1) Motor Accident Claims – Compensation – The assessment of compensation for loss of dependency must take into account the actual income of the deceased, supported by credible evidence. 2) Motor Accident Claims – Conventional Heads – The award of compensation under heads such as loss of consortium and loss of love and affection must not lead to duplication of compensation claims; the guidelines laid down in Pranay Sethi case must be adhered to.
1) Motor Accident Claims – Compensation Calculation – The use of the Minimum Wages Act, 1948 for determining notional income and the application of a multiplier for future prospects in calculating loss of dependency is well-established. 2) Motor Accident Claims – Multiplier Doctrine – In cases of death of a minor, a multiplier of 15 is appropriate for computation of compensation, as laid down in Reshma Kumari v. Madan Mohan.
1) Civil Law – Motor Accident Claims – Compensation – National Insurance Co. Ltd. v. Pranay Sethi (2017) – Principles governing just and reasonable compensation avoiding windfall or pittance to legal representatives of the deceased. 2) Civil Law – Motor Accident Claims – Income Computation – Requirement of reliable evidence including income tax returns to substantiate claim of income above taxable limits for award of compensation.
1) Constitutional Law – Article 142 of the Constitution of India – Court’s power to do complete justice includes discretion to dissolve marriage based on irretrievable breakdown, independent of fault-based grounds under Hindu Marriage Act. 2) Hindu Marriage Act, 1955 – Section 13(1)(i-b) – Desertion – requires proof of intentional permanent forsaking and abandonment without reasonable cause beyond reasonable doubt; failure to prove desertion negates entitlement to divorce on this ground.
1) Cooperative Societies – Multi-State Cooperative Societies Act, 2002, Section 103 – The deeming provision under Section 103 applies only if the objects of a cooperative society after State reorganisation extend to more than one State, thereby converting it into a multi-State cooperative society. 2) Cooperative Societies – Multi-State Cooperative Societies Act, 2002, Sections 5(1)(a) and 10(2)(b) – Registration as a multi-State cooperative society requires that its principal objects serve members in more than one State, as reflected in its bye-laws; ‘objects’ must be distinguished from ‘area of operation’.
1) Contract Law – Agreement for Sale – Doctrine of Fraudulent Concealment – A vendor’s failure to disclose encumbrances on the property amounts to misrepresentation, vitiating consent to the contract and entitling the purchaser to rescind and recover the advance. 2) Civil Procedure – Set-Off – The claim for set-off must be based on an actionable loss suffered by the defendant and is subject to limitation and proof of quantification.
1) Criminal Law – Indian Penal Code, Sections 304-B & 498-A – Section 304-B defines dowry death and prescribes punishment for death caused by harassment soon before death arising from demand for dowry; Section 498-A defines cruelty by husband or relatives including harassment for unlawful dowry demands and prescribes punishment. 2) Dowry Prohibition Act, 1961 – Sections 2, 3 & 4 – Section 2 defines dowry broadly to include property or valuables given before, at, or after marriage; Section 3 penalizes giving or taking dowry; Section 4 penalizes demanding dowry directly or indirectly, emphasizing that demand at any time in connection with marriage is an offense.
1) Income Tax Law – Income Tax Act, 1961, Section 44C – Head Office Expenditure – The provision imposes a statutory ceiling on the deduction of head office expenditure incurred outside India by a non-resident assessee, encompassing both common and exclusive expenditures attributable to the business in India. 2) Income Tax Law – Section 37(1) of the Income Tax Act, 1961 – General Business Expenditure – Allows deduction for expenditure wholly and exclusively laid out for the purpose of business but is subject to overriding restrictions imposed by Section 44C regarding head office expenditure.
1) Criminal Law – Indian Penal Code and POCSO Act – Conviction based on circumstantial evidence requires a complete and unbroken chain of incriminating circumstances consistent only with the guilt of the accused and excluding every other hypothesis (Sharad Birdhichand Sharda v. State of Maharashtra). 2) Criminal Procedure – FIR and Investigation – Non-reporting or omission of essential facts known to the informant in the FIR severely undermines the credibility of the prosecution case and may render the case suspect (Ram Kumar Pandey v. State of M.P.; Amar Nath Jha v. Nand Kishore Singh).
1) Transfer of Property Act, 1882 – Sec 52 – Doctrine of Lis Pendens – prohibits transfer of immovable property under litigation where any right to such property is directly and specifically in question, until final disposal and satisfaction of the decree, irrespective of notice to transferees. 2) Civil Procedure Code, Order XXI – Rules 89, 90, 92, 99, 101 and Section 47 CPC – Execution of Decrees – lay down strict procedural and substantive controls on setting aside auction sales, particularly barring separate suits by parties represented in original suit or transferees pendente lite and providing limited scope for third parties.
1) Motor Vehicles Act, 1988 – Section 166 – Liability of insurer – Insurance company is not liable to compensate for death or injury to unauthorized passengers traveling in a goods vehicle as such coverage is excluded under the insurance policy. 2) Insurance Law – Breach of Policy Conditions – Unauthorized transportation of passengers in a goods vehicle constitutes a breach of insurance policy, relieving the insurer from liability to pay compensation.
1) Motor Vehicles Act, 1988 — Section 166 — Claim for Compensation — The claimant is entitled to just and fair compensation based on the true earning capacity of the deceased considering his educational qualifications and skill set. 2) Motor Vehicles Act, 1988 — Damages — Consortium — Following the Supreme Court’s precedent in Magma General Insurance Co. Ltd vs. Nanu Ram and Ors, a fixed amount of Rs. 40,000 per dependent should be allowed as consortium compensation.
1) Intellectual Property Law – Trade Mark – Order 39 Rule 1 and 2 CPC – Principles governing grant of temporary injunction in trade mark infringement cases require consideration of prima facie case, balance of convenience, and irreparable injury without detailed trial. 2) Civil Procedure Code – Order 39 Rule 1 and 2 – Interlocutory relief cannot be granted after examining intricate questions of fact and law better suited for full trial, especially when supervening events reduce urgency.
1) Service Law – Maharashtra Cooperative Societies Act, 1960 – Section 23(2) – Conferring Membership – The appellate authority’s jurisdiction under Section 23(2) is limited to determining eligibility for membership and does not extend to deciding ownership or proprietary rights relating to immovable property. 2) Civil Procedure – Arbitration and Conciliation Act, 1996 – Section 34 and Section 37 – Effect of Setting Aside Arbitral Award – An arbitral award set aside under Section 34 loses binding force and cannot support contemporaneous proprietary claims or rights to intervene in unrelated statutory membership proceedings.
1) Juvenile Justice Law – Preliminary Assessment under Section 15 of Juvenile Justice (Care and Protection of Children) Act, 2015 – The Board is required to assess the child’s mental and physical capacity to commit an alleged heinous offence, with assistance of experts (psychologists/psychiatrists), and though the use of such expert assistance is stated in mandatory terms in judicial precedents despite statutory language saying “may.” 2) Juvenile Justice Law – Section 18(3) of the Juvenile Justice Act, 2015 – Empowers the Juvenile Justice Board to transfer the case of the child to the Children’s Court if the Board is satisfied that the child has sufficient mental capacity to understand the consequences and has committed the offence with full knowledge.
1) Arbitration Law – Arbitration and Conciliation Act, 1996, Section 23 and Section 34 – The arbitral tribunal is bound by the pleadings and claims before it; claims not pleaded or properly supported cannot be entertained, and judicial interference under Section 34 is limited to grounds such as patent illegality affecting the fundamental policy of Indian law. 2) Land Acquisition – National Highways Act, 1956, Section 3-G(5) – Compensation determination depends on factual consideration including location and commercial value; parity of compensation is not automatic without evidence establishing similar circumstances.
1) Criminal Law – Bharatiya Nyaya Sanhita, 2023 – Sections 45 and 108 – Abetment and Abetment of Suicide – To attract conviction, the prosecution must prove direct or proximate act or instigation by the accused that left the deceased no option but to commit suicide. 2) Criminal Procedure Code – Section 482 – Powers of High Court to quash proceedings – Powers to quash FIRs are to be exercised sparingly and only when no prima facie case exists or the prosecution is frivolous or malicious.
1) Criminal Law – Indian Penal Code, Sections 354 and 376 – Consent – Consent must be free, deliberate, and not obtained by false promises; mere breach of promise to marry does not vitiate consent unless there was an intention to deceive from the outset. 2) Criminal Procedure – Quashing of FIR – Section 482 CrPC – An FIR and charge-sheet can be quashed where allegations are inherently improbable, mala fide, or motivated by ulterior personal motives without sufficient prima facie material.
1) Service Law – Education Department – Grant of Shalarth Identity – The Deputy Director of Education must grant Shalarth Identity to an employee whose appointment has been duly approved by the Education Officer, and cannot question that approval at the stage of issuing Shalarth Identity. 2) Administrative Law – Approval and Review – While the approval granted by the Education Officer can be subjected to review in accordance with law (e.g., if obtained by fraud), the Deputy Director of Education’s role in granting Shalarth Identity is ministerial and does not extend to acting as an appellate authority over the approval.
1) Service Law – Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 – Approval of appointment and payment of salary – Approval by competent authority from date of appointment entitles employee to salary from grant-in-aid without liability on management. 2) Administrative Law – Delegated powers and conditions imposed by approving authority – Imposition of retrospective financial liability on School Management without statutory basis is unjustified and can be struck down.
1) Criminal Law – Negotiable Instruments Act, 1881, Section 138 – Appeals – The victim or complainant has a statutory right to file an appeal against acquittal under the proviso to Section 372 of CrPC (Section 413 BNSS), which was introduced to safeguard victims’ rights. 2) Criminal Law – Code of Criminal Procedure – Section 372 (Section 413 BNSS) – Proviso – Allows victims to appeal orders acquitting accused without seeking special leave, thereby enabling direct appeals in such circumstances.
1) Service Law – MSETCL Service Regulations, 2012 – Clause 9(2) and Schedule 18 recognize the birth register extract as conclusive proof of age and allow correction of the date of birth within one year of entry into service. 2) Evidence Law – Registration of Births and Deaths Act, 1969 – Entries in the birth register carry a statutory presumption of correctness and must ordinarily be preferred over school records as evidence of date of birth.
1) Maharashtra Co-operative Societies Act, 1960 – Sections 154B-8 and 154B-23 – Right of members to inspection and supply of documents and disqualification of committee members for breach – The statutory duty on the Society’s Managing Committee to supply requested documents within prescribed time upon payment of fees is mandatory and refusal or delay attracts disqualification under Section 154B-23(1)(iii). 2) Maharashtra Co-operative Societies Act, 1960 – Section 77A(1) – Powers of the Registrar to supersede the Managing Committee by appointing an administrator – The Registrar is empowered to remove the Managing Committee and appoint an administrator when there are grave mismanagement and serious lapses in the Society’s management, as a protective measure.
1) Stamp Law – Maharashtra Stamp Act, 1958 – Sections 2(l), 3, 10, 17, 47(b), and 48(3) – An instrument chargeable with stamp duty must be executed, and refund of stamp duty paid on a document not executed but intended to be an instrument can be claimed under Section 47(b), subject to a procedural time limit under Section 48(3). 2) Constitutional Law – Extraordinary Writ Jurisdiction – Equity and Justice – Courts have power under extraordinary writ jurisdiction to relax procedural limitations in stamp duty refund claims, balancing strict compliance with statutory deadlines against principles of equity, fairness and prevention of unjust enrichment by the State.
1) Service Law – Limitation and Condonation of Delay – The obligation of Government departments to file appeals within prescribed limitation and conditions under which delay may be condoned. 2) Constitutional Law – Articles 227 and 136 – Supervisory jurisdiction of High Courts and Supreme Court on delay condonation applications and principles for condoning delay by courts.
1) Narcotic Drugs and Psychotropic Substances Act, 1985; Section 22(C) – Control of commercial quantity and its relevance to bail in narcotic drug offences. 2) Criminal Law – Bail – Principles for granting bail in NDPS cases – Quantitative assessment of seized substances and seriousness of offence.
1) Criminal Law – Bharatiya Nagarik Suraksha Sanhita, 2023 – Section 483 – Bail – Principles governing grant of regular bail after filing of charge-sheet, considering nature and gravity of offence, antecedents and evidence. 2) Criminal Law – Arms Act – Sections 25 & 27 – Offences relating to possession and misuse of arms – Impact on bail considerations.
1) Motor Law - Motor Vehicles Act, 1988 - Section 166 - Claims for compensation for death caused by motor vehicle accident. 2) Compensation Law - Principles of calculation of compensation including assessment of income, deduction, multiplier, future prospects, loss of consortium, loss of estate, and funeral expenses as per National Insurance Co. Ltd. v. Pranay Sethi (2017) 16 SCC 680.
1) Civil Procedure Code – Order VII Rule 11 – Grounds for Rejection of Plaint – The plaint is liable to be rejected only if the case disclosed on the face of the plaint is not maintainable or barred by law; facts in the plaint must be considered holistically. 2) Specific Relief Act, 1963 – Section 34 proviso – Discretionary Declaration of Status or Right – A plaintiff must seek further consequential relief beyond declaration if such relief is available to avoid multiplicity of proceedings; mere declaratory relief should not be simpliciter if further relief is possible.
1) Criminal Law – Bhartiya Nagarik Suraksha Sanhita, 2023, Sections 333, 115(2), 351(2), 191(2) – Powers of the High Court under inherent jurisdiction to quash FIRs – Courts may quash criminal proceedings arising from personal disputes that are amicably settled, where offences are not heinous, do not involve moral turpitude, and do not affect public interest. 2) Criminal Procedure – Quashing of FIRs – Amicable settlement between parties in private disputes justifies exercise of inherent jurisdiction by courts to prevent abuse of process and secure ends of justice.
1) Forest Law – Indian Forest Act, 1927 – Section 79-A(1) – Governs appeal against orders of Forest Officers; appeal lies to Chief Conservator of Forests under Central Forest Act instead of Special Tribunal. 2) Statutory Interpretation – J&K Special Tribunal Act, 1988 – Section 3 – Applies only to laws made by the Legislative Assembly of the UT; does not apply to Central laws extended to the UT post re-organization.
1) Criminal Law – Pre-Arrest Bail – Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides for the granting of pre-arrest bail where the accused proves that custodial interrogation is not necessary. 2) Criminal Law – False Implication – The applicant has the right to seek pre-arrest bail when there is lack of sufficient material connecting him to the alleged crime, indicating potential false implication.
1) Criminal Law – Narcotic Drugs and Psychotropic Substances Act, 1985 – Section 37 – The burden of proof lies on the prosecution to establish the involvement of the accused in the commission of the alleged offence. 2) Criminal Law – Procedural Safeguards – The admissibility of confessions made under Section 67 of the NDPS Act, as ruled by the Supreme Court, impacts the validity of evidence against accused persons.
1) Criminal Law – Prevention of Corruption Act, 1988 – Under Sections 13(1)(d) and 13(2), officials who allow undue discretion in compounding fines can be charged with corruption. 2) General Clauses Act, 1897 – Sections 6 & 24 – Provisions saved under repealed acts continue to hold unless expressly provided otherwise, ensuring continuity of authority unless new provisions are inconsistent.
1) Service Law – Madhya Pradesh Commercial Tax Department Subordinate Taxation Service (Class-III - Executive) Recruitment Rules, 2007 – Schedule-II and Schedule-IV – Establishing equal footing and eligibility of both CTI and TA cadres for promotion to ACTO post. 2) Constitutional Law – Articles 14 and 16 – Equality and non-discrimination in public employment – The principle that different modes of recruitment do not justify differential treatment where statutes place employees on equal footing for promotion and seniority.
1) Motor Vehicles Act, 1988 – Section 166 – Claim Petition – Burden of Proof – The claimant must prove the occurrence of the accident, involvement of the vehicle, and rash and negligent driving to establish liability. 2) Evidence – Standard of Proof – In motor vehicle accident claims, the standard of proof is preponderance of probabilities, not beyond reasonable doubt, but the evidence must be cogent and reliable.
1) Service Law – Compassionate Appointment – The grant of compassionate appointment under government policy is a concession extended on humanitarian grounds to the dependents of a deceased employee to tide over sudden financial crisis and is not a legal right entitling the claimant to the post held by the deceased or any higher post. 2) Constitutional Law – Article 14 and 16 – Appointments in public services are to be made on equal opportunity basis except compassionate appointments, which are exceptions governed by policy norms; delay and laches in asserting claims and claims based on negative discrimination cannot be entertained.
1) Constitutional Law – Article 226(2) – Territorial jurisdiction of High Courts to issue writs against persons or authorities within their territorial jurisdiction or where cause of action wholly or partly arises. 2) Constitutional Law – Writ Jurisdiction – Principle that a public or private body performing public duties is amenable to extraordinary writ jurisdiction under Article 226 when public functions are involved.
1) Service Law – Sikkim Public Service Commission – Writ Petition – Scope and Effect of Compliance with Court Orders – Whether compliance with a court direction to permit a candidate’s appearance renders the writ petition infructuous. 2) Constitutional Law – Article 226 – Power of High Courts to issue writs – Doctrine of Infructuousness – Disposing of Writ Petitions on Grounds of Mootness or Compliance.
1) Service Law – Public Service Commission Examination – Right to Appear in Viva-Voce – Effect of compliance of court order permitting candidates to appear. 2) Administrative Law – Writ Petition – Relevance of Prayer Clauses – Limitations on considering reliefs not pleaded in Writ Petition.
1) Service Law – University Service Rules – Statute 417 and Statute 420(4): Probationer’s services can be terminated on grounds of unsatisfactory performance based on committee assessment; deemed confirmation occurs unless terminated after assessment. 2) Constitutional Law – Principle of Stigmatic Termination – Held that termination simpliciter for unsuitability/performance is non-stigmatic and does not require inquiry, but termination founded on misconduct requiring inquiry is stigmatic and punitive.
1) Criminal Law – Indian Penal Code, Sections 323, 324, 325 and Section 34 – The necessity of consistent and corroborative evidence, including medical evidence, to establish the commission of grievous injuries by accused persons. 2) Criminal Procedure – Appreciation of Evidence – The appellate court’s power to re-appreciate evidence and overturn conviction if the prosecution case suffers from material omissions, contradictions, and lack of medical evidence.
1) Criminal Law – Indian Penal Code, Sec 406 and Sec 420 – Charges under Sections 406 (criminal breach of trust) and 420 (cheating) cannot coexist simultaneously in the same case as they are mutually exclusive and antithetical in nature. 2) Criminal Procedure – Section 216 of Cr.P.C. – Court has the power to alter or amend the charge if it is found to be legally impermissible or contradictory to ensure fair trial.
1) Criminal Law – Prevention of Corruption Act, 1988 – Sections 7, 13(1)(d), 13(2) – Essential elements of bribery offence require clear and cogent evidence of demand and acceptance of illegal gratification. 2) Criminal Law – Sanction for Prosecution – Section 19(1) of the Prevention of Corruption Act – Sanctioning authority must apply its mind on complete relevant material to the prima facie offence; defective or incomplete sanction affects validity of prosecution but cannot be fatal unless failure of justice is caused.
1) Prevention of Corruption Act, 1988 – Sections 7 and 13(1)(d) read with 13(2) – Demand and acceptance of bribe is a sine qua non and must be proved beyond reasonable doubt to sustain conviction. 2) Prevention of Corruption Act, 1988 – Section 20 – Statutory presumption of guilt arises only after foundational fact of demand of illegal gratification is established.
1) Service Law – Government Resolution dated 10th June 2005, Clause 8 – Promotion of non-teaching staff to teaching posts – The clause is intended to provide a promotional avenue rather than a fresh appointment, and earlier service must be considered for pension and pay scale benefits. 2) Service Law – Pay Scale – Principles of Promotion – A promotion from a lower post to a higher post must not result in denial of pay scale benefits and must not cause pecuniary loss or discrimination by treating a promotion as a fresh appointment with honorarium.
1) Service Law – Maintenance Law – Section 2(b) of Protection of Women from Domestic Violence Act, 2005 defines “child” as a minor up to 18 years and generally excludes maintenance claims beyond majority. 2) Criminal Law – Maintenance – Section 125 of Cr.P.C. empowers courts to order maintenance to avoid financial hardship, including education expenses, especially where the father has means to pay.
1) Electricity Law – Electricity Act, 2003 – Section 127(6) – Interest on assessed amount payable by consumer if defaulted – No reciprocal right created in favour of consumer for interest on refunded statutory deposit when appeal succeeds. 2) Electricity Law – Electricity Act, 2003 – Section 62(6) – Refund of excess tariff with interest applies only to tariff overcharged and does not extend to statutory pre-deposits under Section 127(2) related to appeals against assessments for unauthorised use.
1) Civil Law – Property – Prohibition of Benami Transactions Act, 1988 – Investigation powers – The Act enables authorities to investigate alleged benami transactions and take appropriate action if violations are found, which can affect title and possession disputes. 2) Civil Law – Property – Maharashtra Stamp Act, 1958 and Registration Act, 1908 – Stamp duty and registration requirements – Validity and enforceability of documents relating to immovable property depend on proper stamp duty payment and registration, failure of which entails recovery, penalties, and prosecution.
1) Service Law – Transfer and Posting – Rationalisation Policy 2025 – Administrative Exigency and Seniority Rules governing teacher rationalisation and counselling process. 2) Service Law – Transfer and Posting – Judicial Review – Scope of judicial interference in transfer orders absent malice or violation of statutory provisions.
1) Service Law – Compassionate Appointment – Policy and Circulars (2013, 2019) – Eligibility of Married Sisters as Dependents for Compassionate Appointment. 2) Service Law – Compassionate Appointment – Limitation Period for Submission of Application – Applicable Timeframe and Effect of Prior Application by a Different Dependent.
1) Motor Vehicles Act, 1988 - Section 163-A - Claim for Compensation by Third Parties: A claimant must establish that he is a third party or victim other than the driver at fault to claim compensation. 2) Motor Vehicles Act, 1988 - Liability of Owner and Insurer - Unauthorized Driving: An owner or insurer cannot be held liable for injuries sustained by a person driving the vehicle without authorization who is the primary cause of the accident.
1) Service Law – Chhattisgarh Rajya Gramin Bank (Officers and Employees) Service Regulations, 2010 – Regulation 39(1)(b)(i) and Regulation 48(2) – Mandate for specifying duration and conditions of major penalties and requirement of reasoned orders for treatment of suspension period. 2) Service Law – Principles of natural justice and settled law regarding suspension and disciplinary penalties – Suspension beyond 90 days without charge sheet requires reasoned extension; penalty orders imposing combined major and minor penalties without statutory authority are ultra vires.
1) Land Revenue Law – Jammu and Kashmir Land Revenue Act, Sec 12(2) and Sec 15 – Limitation and Revisional Powers – Revision applications under the Act are subject to the Limitation Act, similar to civil suits, limiting time for filing revisions initiated by aggrieved parties. 2) Land Revenue Law – Exercise of Revisional Powers – Revisional power under Section 15(1) by the Financial Commissioner suo moto is without limitation, but private party-initiated revision under Section 15(2) must satisfy limitation and cannot be allowed arbitrarily after inordinate delay.
1) Service Law – Regularization – SRO 64 of 1994 mandates eligibility for regularization of daily rated workers upon completion of seven years of continuous service, irrespective of engagement without a selection process or against sanctioned posts. 2) Labour Law – Temporary Employment – Supreme Court rulings in Jaggo v. Union of India (2024) and Dharam Singh v. State of U.P. (2025) prohibit indefinite temporary engagements that exploit workers and emphasize the necessity of regularizing long-term casual workers performing perennial duties.
1) Service Law – Regularization – SRO 64 of 1994 – Provides eligibility criteria for regularizing daily wager employees who have completed stipulated continuous service before a cut-off date. This provision is pivotal in determining right to absorption in regular service. 2) Labour Law – Employment Security – Doctrine against Perpetual Temporary Employment – As reinforced by recent Supreme Court judgments (Jaggo v. Union of India (2024), Dharam Singh v. State of U.P. (2025)) establishes that continuous long-term service in an essential role creates a presumption of entitlement to regularization to prevent exploitation through indefinite temporary status.
1) Property Law – Cabinet Order No. 578-C of 1954, Rule 15-(B)(2) – The succession of allotment land rights devolves only upon those family members who were included in the original allotment under the rule of survivorship, excluding others not originally included. 2) Revenue Law – Mutation and Inheritance – Mutation of property rights must be based on correct interpretation of legal heirs’ status as per official records such as Form ‘A’ and cannot be overridden by contrary unsupported official reports.
1) Service Law – Career Advancement Scheme (CAS) – Principles of Promotion – The CAS guidelines and relevant statutory provisions require that promotion benefits be granted from the date the employee becomes eligible based on service criteria, absent any lawful conditions imposed. 2) Service Law – Administrative Law – Doctrine of Equality – Similarly situated employees must be treated alike, and arbitrariness in denying retrospective promotion benefits violates the principle of non-discrimination under administrative law.
1) Criminal Law – NDPS Act, Section 37 – Bail – Bail in cases involving commercial quantity of contraband is conditional and requires the Court to be satisfied that there are reasonable grounds to believe that the accused is not guilty and unlikely to commit an offence while on bail. 2) Criminal Law – NDPS Act – Interpretation of "reasonable grounds" – Supreme Court authorities require credible and plausible grounds beyond prima facie to believe the accused's innocence for bail to be granted under Section 37.