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1) Criminal Procedure – Section 173(1), 173(4), 175(3) of BNSS – Mandates a structured procedure for registration of FIR and investigation, requiring the complainant to approach police authorities and Magistrate sequentially before invoking writ jurisdiction. 2) Constitutional Law – Article 226 – Writ jurisdiction is not ordinarily to be exercised for directing FIR registration when effective statutory remedies exist unless exceptional circumstances arise, as held in Sakiri Vasu and Lalita Kumari judgments.
1) Criminal Procedure Code, Section 438 – Interplay between right to personal liberty and societal interest requires anticipatory bail to be granted only in exceptional cases after assessing the prima facie case, nature and gravity of offence, and impact on investigation and society. 2) Land Grabbing Act – Possession without lawful ownership or authorization by absentee owners residing abroad constitutes an offence attracting investigation and denial of anticipatory bail if material evidence supports allegations.
1) Bail – Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 – Bail applications must be decided considering factors including nature of accusations, antecedents, possible flight risk, and whether accusations are to humiliate the accused. 2) Criminal Procedure – Abetment of Suicide – Suicide notes and evidence must show proximate connection to accused’s conduct for sustaining charges; absence of cogent evidence may justify granting bail.
1) Criminal Procedure – Anticipatory Bail – Section 482 BNSS, 2023 – Exercise of inherent powers by the High Court to grant anticipatory bail must consider the prima facie case, nature and gravity of offence, role of accused, and possibility of tampering with evidence. 2) Gujarat Protection of Interest of Depositors Act, 1999 – Section 17 – Designated Court’s jurisdiction excludes application of Section 438 Cr.P.C. (anticipatory bail), but inherent powers under Section 482 Cr.P.C. remain, to be exercised with caution in socio-economic offences involving large public interest.
1) Bail – Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 – Bail is a discretionary remedy that the Court may grant after considering the nature and gravity of the accusation, applicant’s antecedents, possibility of flight, and whether the accusation is mala fide. 2) Criminal Procedure – Principles of Granting Bail – The Court must exercise caution and avoid detailed examination of evidence at bail stage, relying instead on established factors and case law like Siddharam Satlingappa Mhetre v. State of Maharashtra.
1) Criminal Procedure – Section 528, Bhartiya Nagrik Surksha Sanhita, 2023 – Provides for quashing of FIR and proceedings where dispute is amicably settled and continuation of trial would be futile or an abuse of process of law. 2) Judicial Precedent – Gian Singh v. State of Punjab & Anr. (2012) 10 SCC 303 – Courts may quash proceedings when parties have settled the dispute, to prevent abuse of legal process.
1) Criminal Law – Bharatiya Nagarik Suraksha Sanhita, 2023, Sections 137(2), 87, 65(2), 64(2)(m), 75(1)(iii), 75(1)(ii), 75(2) – Severity of offences under BNSS precludes bail when prima facie evidence indicates premeditated serious crime against minors. 2) Protection of Children from Sexual Offences Act, 2012 – Sections 3(a), 3(b), 3(c), 4(2), 5(l), 5(m), 6(1), 7, 8, 11(i), 11(iii), 12 – Strict bail considerations apply in cases involving sexual offences against minors to protect victims and public interest.
1) Entitlement Rules for Casualty Pensionary Awards, 2008 – Rule 7 – Onus of proof lies primarily on the Department for claims raised within 15 years of discharge/retirement/invalidment/release, and shifts entirely on the claimant only for claims after 15 years. 2) Armed Forces Medical Regulations – Regulation 423(a), Regulations for the Medical Services of the Armed Forces, 2010 – Disability attributability must consider causal connection with service conditions irrespective of posting in peace or field areas and the medical board’s reasoning must be reasoned and not merely conclusory.
1) Passport Act, 1967 – Section relating to issuance of emergency certificates – Provides discretionary power to passport authorities to issue emergency travel documents to Indian nationals stranded abroad for urgent travel purposes. 2) Criminal Procedure – Effect of conviction and dismissal of appeals on travel documents – Convictions and dismissal of appeals do not per se bar consideration of applications for emergency certificates provided procedural requirements are met.
1) Banking Law – Renewal of Housing Loan as Overdraft Facility – The terms of loan renewal and classification affect the applicable interest rate and repayment liability. 2) Arbitration – Section 69 of the Kerala Co-operative Societies Act, 1969 – Jurisdiction of arbitrator to determine the nature of loan and adjudicate disputes related to interest and repayment.
1) Criminal Procedure – Pre-arrest Bail – Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 empowers the court to grant anticipatory bail in appropriate cases, especially where custodial interrogation is unnecessary and evidence against accused is weak or absent. 2) Evidence – Injury and Delay in FIR – The absence of corresponding injuries in the medical certificate and unexplained delay in FIR registration are relevant factors to assess the credibility of prosecution case while considering bail applications.
1) Banking Law – Right of Banks to Freeze Accounts – Banks may impose a debit freeze on accounts on suspicion of suspicious transactions independently, but must follow procedural guidelines laid down by the Court in absence of a statutory Standard Operating Procedure. 2) Procedure – Due Process – Banks are required to notify the account holder immediately with reasons for freezing, communicate to relevant authorities, allow the account holder to submit explanations, and decide on continuation or lifting of the freeze within prescribed timelines.
1) Arbitration and Conciliation Act, 1996 – Section 34 – Grounds for setting aside an arbitral award are limited and must pertain to fundamental policy of Indian law or public policy. 2) Contract Law – Interpretation of final bill submission under contract manuals (I.A.F.W. Manual Clause 65) – Submission of final bills coupled with a protest or reservation negates the waiver of further claims.
1) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — Sections 3(2)(v), 3(2)(va), 3(1)(w)(i) — Protection against atrocities involving sexual assault on Scheduled Castes and Scheduled Tribes — The Act imposes stringent provisions for offences committed against members of SC/ST community, restricting grant of bail. 2) Criminal Procedure Code — Anticipatory Bail — Principles regarding grant of anticipatory bail in cases involving serious offences under SC/ST Act — Court exercises discretion considering factual matrix and nature of allegations, especially in offences involving sexual assault and breach of trust.
1) Criminal Procedure Code – Section 125 – Interim Maintenance – The scope of revision in challenging interim maintenance orders is limited to correcting patent illegality or jurisdictional error without re-appreciation of the evidence. 2) Family Courts Act, 1984 – Section 19(4) – Revision – Powers of revisional court are restricted and do not allow interfering with family court orders unless there is a clear illegality or perversity.
1) Protection of Women from Domestic Violence Act, 2005 – Section 23 – Interim Maintenance – The quantum of interim maintenance depends on existence of domestic violence and adequacy and justice of amount awarded, not on the wife's ability to maintain herself. 2) Protection of Women from Domestic Violence Act, 2005 – Section 23 – Maintenance payable from date of application – It is mandated by law that interim maintenance should be payable from the date of filing the application as per Supreme Court ruling in Rajnesh v. Neha and Another (2021) 2 SCC 324.
1) Service Law – Transfer Policy of Bank Officers – Transfer policy providing for minimum and maximum tenure is advisory and not statutory, hence not legally enforceable to confer a right to employee. 2) Service Law – Transfer and Posting – Transfer is a normal incident of service and the appointing authority has discretion to transfer employees in public interest; frequent transfer is not impermissible per se if justified by service conditions.
1) Civil Law – Evidence Act, 1872 – Section 112 and Section 114(h) – Presumption of legitimacy and adverse inference for refusal to give DNA sample; the court must examine whether other evidence suffices to establish paternity before ordering DNA test. 2) Civil Law – Evidence and Procedure – Principles from Apex Court judgments on DNA testing in paternity suits require a strong prima facie case and balancing the interests of parties before directing DNA profiling.
1) Service Law – Uttar Pradesh Urban Building (Regulation of Letting, Rent and Eviction) Act, 1972 – Section 21(8) – Landlord’s right to apply for enhancement of rent from government/public sector tenants where eviction is not permissible. 2) Constitutional Law – Article 227 – High Court’s supervisory jurisdiction over courts and tribunals – scope and limitations of exercise of power including rent control matters.
1) Civil Law – Indian Succession Act, 1925 – Section 263 – Revocation of Probate – The Act does not specify a limitation period for revocation applications; hence, Article 137 of the Limitation Act, 1963 applies, prescribing a three-year limitation from the date the right to apply accrues. 2) Civil Law – Limitation Act, 1963 – Article 137 – Accrual of Right to Apply – The limitation period commences when the applicant acquires knowledge of the grounds for revocation, with constructive notice liable to be inferred based on wilful abstention or gross negligence of the party receiving actual notice.
1) Service Law – Right of Children to Free and Compulsory Education Act, 2009, Section 23 – Clarifies that the requirement of minimum qualifications, including TET, applies prospectively for new appointees but mandates existing in-service teachers to acquire such qualifications within a specified time period. 2) Service Law – National Council for Teacher Education Act, 1993, Section 12A and provisos – Confirms that existing teachers are protected from immediate disqualification but must acquire prescribed minimum qualifications within the time stipulated by the RTE Act, thus rendering the qualification requirement neither retrospective nor arbitrary.
1) Civil Law – Land Acquisition Act, 1894 – Sections 4, 6 – Procedure and Assessment of Compensation — The assessment of market value and compensation for acquired land must conform to the principles laid down under the Act, including statutory benefits such as solatium and interest. 2) Civil Law – Land Acquisition Act – Principles of Compensation Determination — The “belting method” for valuation of land abutting National Highway and differentiation of compensation based on proximity constitutes a valid approach for fair market value assessment.
1) Constitutional Law – Article 21 – Illegal Detention – Compensation – The State’s failure to release a convict after a judicial order directing parole constitutes illegal detention violating fundamental rights, warranting monetary compensation as public law remedy. 2) Criminal Law – Parole – Rajasthan Prisoners Release on Parole Rules, 1958, Rule 9 – Permanent parole can be granted after successful multiple parole periods; once granted and sureties verified, refusal or delay in release amounts to illegal custody.
1) Criminal Law – Indian Penal Code, Sections 302, 120-B, 201, 109 – A conviction based on approver’s testimony is permissible if it is reliable and receives corroboration in material particulars; corroboration may be direct or circumstantial and is a rule of prudence, not an inviolable legal mandate. 2) Criminal Law – Indian Penal Code, Sections 120-A, 120-B; Evidence Act, Section 10 – Criminal conspiracy involves an agreement to do an illegal act and each conspirator is liable for acts done by co-conspirators in furtherance of the common intention, with acts/statements of one conspirator relevant against others.
1) Service Law – Probation and Termination – Regulation 16(3)(a) of Vijaya Bank (Officers’) Service Regulations, 1982 – Discretion of Competent Authority to terminate probationer’s service for unsuitability subject to non-arbitrariness and necessity of objective material. 2) Service Law – Termination Simpliciter vs Punitive Termination – Principles from Dipti Prakash Banerjee and Sarita Choudhary cases – Termination orders during probation must be scrutinized for stigma and due process; termination based on misconduct requires departmental inquiry and cannot be disguised as non-confirmation for unsatisfactory performance.
1) Criminal Procedure Code – Section 156(3), Section 204(4), Section 82 – Procedure regarding registration of FIR, issuance of process and enforcement steps when accused are absconding; complainant's responsibility to take procedural steps for trial progression. 2) Trial Procedure – Principles relating to joinder and separation of cases, and powers of the Magistrate to refuse separation in absence of compliance report on enforcement of non-bailable warrant and attendance of all accused persons.
1) Societies Registration Act, 1860, Sections 25(1)(d), 25(2) – Appeals – Appeal lies only against orders passed under Section 25(1) sub-section (1) and not against orders under Section 25(2); absence of statutory provision for appeal renders appellate authority’s order without jurisdiction. 2) Societies Registration (U.P. Amendment) Act, 2022 – Amendment of Section 4 and Section 4-B – Appeal provision inserted only after Section 4 (renumbered as 4(1)), excluding Section 4-B; appeal against orders under Section 4-B is not provided and hence not maintainable.
1) Criminal Procedure – Section 157 Cr.P.C. – Prompt lodging and forwarding of FIR – Delay or irregularities in lodging FIR are not fatal unless fabrication or embellishment is shown. The surrounding circumstances explaining delay must be considered. 2) Evidence – Ocular and Medical Evidence – Minor inconsistencies between ocular testimony and medical evidence do not necessarily vitiate prosecution case where eyewitness accounts are credible and trustworthy; medical evidence is corroborative and only rules out prosecution case if completely inconsistent.
1) Criminal Procedure – Section 452 Cr.P.C. – Empowers courts, at conclusion of trial, to order disposal by destruction, confiscation, or delivery to claimants of any property produced before it or used in commission of offence – Court’s discretion must consider entitlement and involvement of parties. 2) Criminal Law – Circumstantial Evidence – Principles of reliance on ‘last seen together’ theory require that the time gap between last seen and death be so short that possibility of others’ involvement is impossible – Complete chain of circumstances excluding every hypothesis but guilt of accused must be firmly established as per principles laid down in Sharad Birdhichand Sarda v. State of Maharashtra.
1) Foreigners Act, 1946 – Burden of Proof – The proceedee must prove Indian citizenship by establishing documentary linkage with an ancestor who was an Indian citizen before 25/03/1971. 2) Evidence Act, 1872 – Sections 74, 76, and 79 – Public Documents – Certified copies of electoral rolls are presumptively genuine; however, mere production without proper proof of execution and corroboration is insufficient for establishing substantive facts.
1) Criminal Procedure – Section 483 of the BNSS, 2023 – Bail – The Court’s discretion to grant bail during the pendency of investigation subject to conditions ensuring attendance and investigation progress. 2) Criminal Law – Sections 61(2), 303(2), 317(2), 248, 217, 240 of BNSS, 2023 read with Section 13 of Assam Cattle Preservation Act, 2021 – Inclusion of offenses involving false information and illegal cattle smuggling in bail considerations.
1) Criminal Procedure – Bail – Section 483 of the BNSS, 2023 authorizes bail application and sets conditions under which bail may be granted. 2) Criminal Law – Offences Against Property – Section 303(2) of BNSS, 2023 prescribes punishment related to theft and underlying conditions affecting bail decisions.
1) Criminal Procedure – Bail under Section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023 – Bail may be granted taking into account the nature and gravity of offence and the personal circumstances of the accused. 2) Assam Healing (Prevention of Evil) Practices Act, 2024 – Section 5/6(a) – Prescribes maximum punishment of imprisonment up to one year, thereby influencing the assessment of bail eligibility under related offences.
1) Criminal Procedure – Section 483, Bharatiya Nagarik Suraskha Sanhita, 2023 – Mandates that an arrested person must be produced before a Magistrate within 24 hours to safeguard personal liberty. 2) Bail – Principles governing grant of bail – Custodial detention beyond the necessary period without lawful justification is not warranted; bail may be granted subject to compliance with conditions to ensure investigation and trial are not prejudiced.
1) Criminal Procedure – Section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023 – Bail – Bail may be granted pending investigation where further custodial detention is not necessary for investigation progress. 2) Prevention of Cruelty to Animals Act, 1960 – Sections 11(1)(a), 11(1)(d), 11(1)(e) – Prohibition of unlawful possession and cruelty – Arrest conditions and custody period under relevant procedural law.
1) Constitutional Law – Article 22(2) – Mandates production of accused before Magistrate within 24 hours of arrest to prevent unlawful detention. 2) Criminal Procedure – NDPS Act, 1985 – Violation of procedural safeguards under the Act and Constitution vitiates the arrest, entitling accused to bail.
1) Criminal Procedure – Section 482, BNSS Act, 2023 – The inherent powers of the High Court to grant anticipatory bail when the materials do not prima facie establish the accused’s complicity in the alleged crime. 2) Evidence – Toxicological Report and Case Diary – Reliance on forensic and case diary materials to assess prima facie involvement before denying anticipatory bail.
1) Constitutional Law – Articles 21 and 22 of the Constitution of India – Right against illegal detention mandates that an arrested person must be produced before the nearest Magistrate within 24 hours. 2) Narcotic Drugs and Psychotropic Substances Act, 1985 – Section 21(c) – Offense involving possession of Narcotic drug attracts strict procedural safeguards related to arrest and detention.
1) Criminal Procedure Code – Bail – Pre-arrest bail can be converted into absolute bail upon completion of investigation and taking into account the facts of the case. 2) Criminal Law – Offences relating to smuggling and possession of stolen goods – Bail considerations depend upon the progress of investigation and nature of allegations.
1) Criminal Procedure Code – Section 389(3) Cr.P.C. – Provides that a convicted person may be granted bail by the trial court while preferring an appeal against conviction and sentence. 2) Negotiable Instruments Act, 1881 – Section 138 – Dishonour of cheque – The procedure post-conviction must not impair the accused’s right to appeal and personal liberty guaranteed under Article 21 of the Constitution of India.
1) Criminal Procedure Code - Section 138, Negotiable Instruments Act, 1881 – The issuance of a warrant for non-appearance in proceedings under Section 138 can be converted from non-bailable to bailable to uphold the accused’s right to legal remedies and fair trial. 2) Constitutional Law – Article 21 – The right to life and personal liberty includes the right to a fair trial and the means to access appellate remedies, which may be impeded by issuance of a non-bailable warrant obstructing legal recourse.
1) Criminal Procedure – Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 empowers the Court to grant anticipatory bail to accused where custodial interrogation is not necessary or justified. 2) Criminal Law – Sections 118(1) and 118(2) of the Bharatiya Nyay Sanhita, 2023 – The applicability and interpretation of criminal provisions invoked in complaints between disputing parties arising from the same incident must be consistent, influencing bail considerations.
1) Criminal Procedure – Bail – Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 empowers courts to grant bail considering the nature of offence, role of the accused, and other factual circumstances. 2) Prohibition Law – Gujarat Prohibition Act, 1949 – Sections 65(a), 65(e), 116-B, 98(2), 81 – Offences involving illegal liquor trafficking attract strict scrutiny but bail can be granted if accused’s role is minimal and investigation is complete.
1) Bail – Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 – Discretionary power of court to grant bail must be exercised judiciously considering factors such as gravity of offence, antecedents of accused, possibility of flight, and misuse of process. 2) Criminal Procedure – Principles from Siddharam Satlingappa Mhetre v. State of Maharashtra (2011) 1 SCC 694 and Gurubaksh Singh Sibbia & Ors. (1980) 2 SCC 665 – Bail should not be denied merely on prima facie evidence; custodial interrogation and trial duration are relevant considerations.
1) Criminal Procedure Code – Section 436 (Bail) – Bail is discretionary and may be granted considering factors such as nature of offence, custodial investigation necessity, possibility of tampering with evidence, and parity with co-accused. 2) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 – Section 3(1)(da), 3(1)(dha), and 3(2)(v-a) – Bail procedures in offences under SC & ST Act require careful scrutiny balancing accused rights and prevention of atrocity motives.
1) Criminal Procedure Code – Section 482 – Discretionary power of High Court to grant anticipatory bail to prevent arrest in cases of alleged economic offences, emphasizing cooperation with investigation. 2) Copyright Act – Offences under the Act punishable with imprisonment up to 3 years – The necessity to establish intent to sell or cause harm to a legitimate brand for sustaining prosecution.
1) Service Law – Recruitment Rules – Amendment of eligibility criteria by employer holds primacy and forms the basis of valid selection process as per the principle upheld in Zahoor Ahmad Rather & Ors. vs. Sheikh Imtiyaz Ahmad & Ors. (2019) 2 SCC 404. 2) Administrative Law – Interim Relief – Interim orders permitting participation in recruitment without final adjudication must balance protecting candidates' rights and the authority’s right to implement valid rules.
1) Arbitration Law – Arbitration and Conciliation Act, 1996 – Section 16 & Section 34 – The doctrine of Kompetenz-Kompetenz empowers arbitral tribunals to decide their own jurisdiction including objections regarding stamping of arbitration agreements, and challenges to such decisions must generally await the arbitral award and be raised under Section 34. 2) Constitutional Law – Articles 226 and 227 – Judicial review power under writ jurisdiction can be exercised against arbitral orders only in exceptional cases where there is a patent lack of inherent jurisdiction or perversity causing gross injustice, recognizing the legislative intent of minimal judicial interference during arbitration proceedings.
1) Criminal Law – Indian Penal Code, Sections 279 and 304A – Rash and negligent driving must be established by proof of a blameworthy state of mind involving culpable rashness or negligence, not mere accident or error of judgment. 2) Criminal Law – Indian Penal Code, Section 304A – Negligence causing death requires proof of a conscious disregard of risk (culpable negligence), distinguishable from inadvertent or non-criminal accidents; reliance on conduct that follows lawful instruction can negate negligence.
1) Civil Procedure Code – Section 100 – Limitation of High Court jurisdiction in second appeal – The High Court cannot interfere with concurrent findings of fact of Trial and Appellate Courts unless such findings are perverse, based on no evidence, or suffer material illegality. 2) Specific Relief Act, 1963 – Section 16(c) – Requirements for specific performance – Plaintiff must prove continuous readiness and willingness to perform contract terms for relief to be granted; such readiness is a condition precedent and must be assessed from all facts and conduct.
1) Service Law – Recruitment Rules – Article 309 of the Constitution – Rule of applicability of recruitment rules states that promotions must be governed by the recruitment rules in force at the time of consideration/selection for promotion (Raj Kumar & Others v. State of Himachal Pradesh). 2) Service Law – Statutory Interpretation – Effect of Amendment by Substitution – An amendment by substitution repeals the old provision and replaces it with the new rule, which is operative prospectively, unless expressly stated otherwise (Gottumukkala Venkata Krishamraju v. Union of India).
1) Criminal Law – Prevention of Corruption Act, 1988 – Sections 7, 13(1)(d), 13(2) – Demand and acceptance of illegal gratification are sine qua non for conviction under these provisions. 2) Criminal Law – Indian Penal Code, 1860 – Section 120-B – Criminal conspiracy requires proof of meeting of minds and active participation, and cannot be inferred solely from presence or association.
1) Criminal Law – Indian Penal Code, Sec 364A – The offence of kidnapping for ransom requires proof of kidnapping or abduction coupled with threat to cause death or hurt, and demand for ransom as essential ingredients to attract conviction under this section. 2) Evidence Law – Indian Evidence Act, Sec 27 – Recovery of kidnapped child and weapon based on accused’s disclosure is admissible and substantially corroborates the prosecution’s case, reducing reliance on formal identification procedures such as Test Identification Parade.
1) Constitutional Law – Indian Constitution, Articles 243-P, 243-W, 243-X – Municipal Area and Taxation – The territorial limits of a municipal corporation are defined by notification of the Governor (Article 243-P(d)); Municipalities have legislative authority to impose taxes under Articles 243-W and 243-X, subject to statutory procedure. 2) Local Government Law – Maharashtra Industrial Development Act, 1961, Sections 15, 17; Maharashtra Municipal Corporation Act, 1949, Sections 3, 63, 127, 128A; Maharashtra Regional Town Planning Act, 1966, Section 40, 115, 154; First Schedule Clause 7(1) – Special Planning Authority powers and tax exemptions – MIDC is empowered to levy fees/service charges for amenities (Section 17 MID Act) but not taxes; municipal corporations alone can levy property tax; Clause 7(1) exempts relevant authorities providing amenities from paying local taxes but extends exemption to lands and buildings vesting in the relevant authority.
1) Constitutional Law – Article 142 – Supreme Court’s power to pass any decree or make any order necessary for doing complete justice, including dissolution of marriage in appropriate cases notwithstanding statutory provisions or procedural defects. 2) Family Law – Hindu Marriage Act, 1955, Section 13(1)(i) – Grounds for divorce including adultery – interplay with mutual consent divorce provisions and the scope of settlement of claims by permanent alimony.
1) Constitutional Law – Merger of Princely States – Covenant of Merger – Article XII and XIV – Personal Private Properties – Held that the covenant guarantees the ruler full ownership of private properties distinct from state properties, but succession to such private properties is governed by personal law, not by the rule of primogeniture. 2) Hindu Law – Hindu Succession Act, 1956, Section 5(ii) – Excludes application of Hindu Succession Act to estates descending to a single heir by terms of covenant; however, this exclusion does not apply retroactively to properties devolved before the Act's commencement, where succession is governed by personal law.
1) Insolvency Law – Insolvency and Bankruptcy Code, 2016 – Section 33 – Empowers the Committee of Creditors to decide liquidation of the Corporate Debtor any time before confirmation of the resolution plan, and such decision is binding and not liable to judicial review. 2) Contract and Equitable Doctrines – Doctrine of Election and Estoppel – A party cannot approbate and reprobate; once a resolution plan is approved by CoC and accepted, the successful resolution applicant is estopped from reneging or seeking modifications, and must comply with the plan as binding and irrevocable.
1) Criminal Law – Indian Penal Code, 1860 – Sections 302, 376(2)(g), 201, 34 and Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 Section 3(2)(v) – Reliance on circumstantial evidence – The prosecution must establish a complete and unbroken chain of incriminating circumstances pointing unerringly to the accused’s guilt, excluding any reasonable hypothesis of innocence. 2) Criminal Law – Evidence – Test Identification Parade (TIP) and Chain of Custody – Absence of TIP in cases of identification of accused unknown to witnesses undermines credibility; the sanctity and safe custody of recovered evidentiary articles must be established to lend evidentiary value to forensic reports.
1) Service Law – Central Excise Act, 1944, Sections 35G and 35L – Jurisdiction – Appeals from Appellate Tribunal orders relating to determination of any question having relation to rate of duty of excise or value of goods for purposes of assessment lie exclusively before the Supreme Court and not High Court – Clarificatory amendment by insertion of sub-section (2) in Section 35L includes determination of taxability or excisability within “rate of duty” – ensures uniformity and restricts High Court jurisdiction. 2) Taxation Law – Central Excise Act, 1944, Section 2(f) – Manufacture – Two-fold test established by Supreme Court requires (i) transformation producing a new and distinct product having a new name, character or use, and (ii) resultant goods must be marketable as distinct commodities – Mere cutting or adapting does not amount to manufacture unless transformation and marketability are satisfied; burden of proof lies on Revenue to establish these.
1) Constitutional Law – Elections – Article 324 of the Constitution of India – Authorises the Election Commission to exercise superintendence, direction and control over the preparation of electoral rolls and conduct of elections, exercising plenary powers which supplement but do not override statutory law enacted under Article 327. 2) Representation of the People Act, 1950 – Section 21(3) – Empowers the Election Commission to direct a special revision of electoral rolls for any constituency or part thereof “in such manner as it may think fit,” with reasons to be recorded, overriding the ordinary revision procedures under Section 21(2).
1) Criminal Law – Indian Penal Code, Sections 405 and 420 – Criminal breach of trust and cheating require entrustment of property and fraudulent or dishonest intention at the inception of the transaction respectively; mere breach of contract or non-performance does not constitute criminal offence. 2) Civil Procedure/Criminal Procedure – Quashing jurisdiction under Article 226/Section 482 CrPC – Criminal proceedings can be quashed where allegations do not prima facie disclose a cognizable offence or are manifestly civil in nature and continuation would amount to abuse of process of law (State of Haryana v. Bhajan Lal doctrine).
1) Indian Penal Code - Sec 90 & 375 - Consent and Rape - Consent obtained by a woman due to a false promise of marriage amounts to a misconception of fact and vitiates consent if the promise was made with no intention of fulfillment from the beginning, rendering the act rape under Section 375. 2) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Sections 3(1)(r), 3(1)(s), 3(2)(v) - Mere refusal to marry on caste grounds or vague allegations without specific caste-centric abuse or humiliation do not attract offences under the SC/ST Act.
1) Land Law – U.P. Zamindari Abolition and Land Reforms Act, 1951, Sections 22, 23, 24 – These provisions restrict the validity of contracts or agreements executed by intermediaries or tenants on or after 1 July 1948 that relieve them from liabilities or confer improper rights, rendering such agreements null and void; thus, agreements executed even before the Act’s commencement can be void if they contravene these restrictions. 2) Limitation – U.P. Revenue Code, 2006 Sections 32 and 38, read with Limitation Act, 1963 Section 29(2) – Special local law prescribes “Nil” period of limitation for correction of revenue records, and such correction must be exercised within reasonable time, especially in cases alleging fraud; however, delay and discovery of fraud must be clearly recorded to justify belated action.
1) Constitutional Law – Part IX of the Constitution of India (Articles 243-B, 243-C, 243-E, 243-F, 243-K and 243-O) – Govern the constitution, composition, duration, disqualifications, conduct of elections to Panchayats, and bar on judicial interference except by election petition – Establish the legal framework for Panchayat elections and election disputes and prescribe that election challenges shall be by election petition under state law. 2) Election Law – Uttar Pradesh Kshettra Panchayats (Election of Pramukhs and Up-Pramukhs and Settlement of Election Disputes) Rules, 1994 (Rules 35, 36, and 37) – Provide for filing of election petitions specifying ground or grounds without limiting specific grounds, allowing challenge of election on any legitimate grounds including improper rejection of nomination – Establish procedural mechanism for filling and adjudicating election disputes for Pramukh elections.
1) Limitation – Section 245 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993, read with Section 3 and Section 5 of the Limitation Act, 1963 – Courts have no jurisdiction to entertain applications beyond prescribed period unless sufficient cause for delay is shown. 2) Insolvency and Bankruptcy Code, 2016, Section 12A – Permits settlement applications and restoration of management during insolvency proceedings which can impact timely filing and participation in recovery proceedings.
1) Civil Procedure Code – Order IX Rule 13 and Order XXII Rule 4 – Proper service of summons is essential for setting aside an ex parte decree and impleadment of legal representatives in a suit. 2) Civil Procedure Code – Doctrine of Clean Hands – A litigant suppressing material facts is disentitled from claiming equitable relief such as setting aside of decree under Order IX Rule 13 CPC.
1) Family Law – Child Custody and Visitation – The paramount consideration is the best interest and welfare of the child, and the Court can modify custody and visitation orders accordingly to ensure the child’s stability and well-being (Family Courts Act and common law principles). 2) Contempt of Courts Act, 1971 – Non-compliance with court orders, including visitation and custody directions, may amount to contempt warranting appropriate action and enforcement by the Family Court.
1) Criminal Procedure Code – Bail – Regular bail can be granted where the accused has been in custody for a considerable period and charges are yet to be framed, balancing the accused’s right to liberty against the nature of the offence. 2) Bail – Concept of compromise – Compromise between parties may be a factor for bail consideration but does not override the severity of public order and violent assault offenses.
1) Industrial Disputes Act, 1947 – Section 11 – Power of Labour Court to direct production of documents – Failure to produce record can lead to adverse inference against the employer, impacting the proof of employer-employee relationship. 2) Constitutional Law – Article 226 – Scope of writ jurisdiction – Interference in Labour Court awards under writ jurisdiction is limited to cases of jurisdictional error, perversity, or violation of principles of natural justice.
1) Arbitration Law – Arbitration and Conciliation Act, 1996, Section 12(5) and Seventh Schedule – A person having a specified relationship to the parties in dispute is ineligible for appointment as an arbitrator, and such ineligibility cannot be waived except by an express agreement in writing after the dispute arises. 2) Arbitration Law – Arbitration and Conciliation Act, 1996, Section 34 – An award made by an arbitrator appointed in violation of Section 12(5) is void ab initio and can be set aside at any stage, including where the appointing party itself challenges the appointment.
1) Contract Law – Indian Contract Act, 1872, Sections 37, 51, 52, and 54 – Reciprocal promises must be performed in the stipulated sequence and a party cannot enforce performance of a reciprocal promise unless it has fulfilled or is ready to fulfill its own obligation. 2) Contract Interpretation – Principles of contract construction under Indian law including the literal rule, golden rule, and purposive construction – Clear and unambiguous contractual terms cannot be altered by subsequent conduct or external communications.
1) Commercial Courts Act, 2015 – Section 2(1)(c)(vii) – Interpretation of "agreements relating to immovable property used exclusively in trade or commerce" requires the property to be actually used for commercial purposes and the dispute to carry commercial character. 2) Civil Procedure Code, 1908 – Section 24 – The High Court has the power to transfer pending suits for trial or disposal to subordinate courts including Commercial Courts, preserving prior proceedings and avoiding dismissal under Order VII Rule 10 CPC for jurisdictional defects.
1) Property Law – Adverse Possession – Essential Requirements – The party claiming ownership by adverse possession must prove animus possidendi (intention to possess as owner), possession nec vi, nec clam, nec precario (without force, secrecy, or permission), and the limitation period begins when possession becomes adverse to the true owner. 2) Property Law – Lease and Title – A perpetual lease deed confers ownership rights subject to conditions; subsequent recognitions, payments, and restorations of lease rights by competent authorities validate the lessee’s ownership title in the leased property.
1) Industrial Disputes Act, 1947 – Sections 25F, 25G, and 25H – Protection against illegal termination requires completion of continuous service of 240 days in a year; principles of “last come, first go” and re-employment rights apply only to workmen who participate in selection processes. 2) Labour Law – Doctrine of Finality of Awards – Concurrent findings of fact on continuous service and delay in raising dispute, once upheld by higher courts, preclude reopening of issues absent new cause of action.
1) Indian Succession Act, 1925 – Section 63 – Execution and Attestation of Wills – A valid Will must be signed by the testator and attested by at least two witnesses who have seen the testator sign or acknowledge the signature, and who must sign the Will in the testator’s presence; attestation requires witness presence at the time of signing and animus attestandi. 2) Indian Evidence Act, 1872 – Sections 68 and 71 – Proof of Execution of Document – A Will that requires attestation must not be used as evidence unless at least one attesting witness alive and capable of giving evidence is examined to prove its execution; if an attesting witness denies or does not recollect the execution, other evidence may be led, but failure to call other attesting witnesses when the lone witness fails to prove can lead to non-proof of the Will’s execution.
1) Service Law – Pension – Equitable limitation on recovery of excess pension under settled Supreme Court jurisprudence (Syed Abdul Qadir v. State of Bihar, State of Punjab v. Rafiq Masih, Thomas Daniel v. State of Kerala) protects pensioners, especially vulnerable categories like family pensioners, from recovery causing undue hardship where overpayment arose without their fault. 2) Administrative Law – Pension Disbursal – Undertaking for refund of excess payment must be specific, conscious, and contemporaneous with re-fixation exercise to sustain recovery; generic or routine-form undertakings do not override equitable protections (contrasted with Jagdev Singh v. Punjab).
1) Criminal Law – Indian Penal Code, Section 212 – The offence of harbouring an offender requires proof of conscious harbouring or concealment with knowledge or reason to believe the person to be an offender and intention to screen from legal punishment. 2) Evidence – Indian Evidence Act, Section 27 – Confession or statement made to a police officer is inadmissible except as to discovery of fact leading to recovery of incriminating evidence; such discovery can be admitted to link accused with offence.
1) Arbitration and Conciliation Act, 1996 – Sections 9, 11, and 17 – The Act provides for appointment of arbitrators to adjudicate disputes arising out of contractual agreements containing arbitration clauses and empowers courts to grant interim reliefs under Section 9, which are to be considered in context of ongoing arbitration proceedings. 2) Arbitration Notice and Commencement – Section 21 of the Arbitration Act – Issuance of a fresh notice under Section 21 is not mandatory once arbitration proceedings have commenced with a valid earlier notice; failure to issue repeated notices does not invalidate arbitration if claims are otherwise valid and arbitrable.
1) Arbitration Law – Section 34, Arbitration and Conciliation Act, 1996 – Scope of judicial interference – Courts cannot act as appellate authority and re-appreciate evidence; interference permissible only if award is perverse, decision is without evidence or against the fundamental policy of Indian law. 2) Contract Law – Indian Contract Act, 1872 (Sections 55 and 73) – Determination of damages and quantum thereof falls within domain of arbitral tribunal; methodology adopted by tribunal is to be respected unless contrary to Indian law or manifestly arbitrary.
1) Arbitration and Conciliation Act, 1996 – Section 34 – Grounds for setting aside arbitral award include award being in conflict with the contract terms and public policy of India, emphasizing the binding nature of written contracts. 2) Contract Law – Validity and supremacy of subsequent written agreement over preliminary understanding – Later work order containing detailed terms and conditions supersedes earlier minutes of meeting which constitute preliminary agreement.
1) Limitation Law – Article 18 of Limitation Act, 1963 – The limitation period for a claim for work done with no fixed payment date is three years from the date of completion of the work, starting the limitation clock upon completion of work. 2) Limitation Law – Section 18 of Limitation Act, 1963 – A written and signed acknowledgment of liability before the expiry of the limitation period restarts the limitation period only for the amount expressly acknowledged and does not extend limitation for the unacknowledged balance.
1) Service Law – Delhi Electricity Regulatory Commission (Management & Development of Human Resources) Regulations, 2001, Regulation 5(a) – Extension of contractual appointments requires discretion based on performance appraisal approved by Chairperson. 2) Constitutional Law – Article 14 – Legitimate expectation and protection against arbitrary withdrawal of extension requires that extension orders be validly issued and not arbitrarily rescinded without due process.
1) Constitutional Law – High Court Jurisdiction – Letters Patent (Clause 10) and Delhi High Court Act, 1966, Section 10 – Interpretation of “Judgment” includes interlocutory orders impacting valuable rights affecting maintainability of intra-court appeal. 2) Public Premises (Eviction of Unauthorized Occupants) Act, 1971 – Sections 2(g) and 4 – Definition of “unauthorized occupation” includes those whose occupation was initially lawful but subsequently ceased to be authorised; issuance of show cause notice under Section 4 is statutory and must be proceeded with unless interim relief is granted based on prima facie case, balance of convenience, and irreparable injury.
1) Trademark Law – Passing Off – To establish passing off, the plaintiff must prove goodwill in the mark, misrepresentation by defendant, likelihood of confusion among consumers, and resultant damage to plaintiff’s business; established principles from Brihan Karan Sugar Syndicate Pvt Ltd v. Yashwantrao Mohite and Toyota Jidosha Kabushiki Kaisha v. Prius Auto Industries Ltd applied. 2) Civil Procedure – Order 43 Rule 1 CPC and Commercial Courts Act, 2015 – Appellate court’s scope in interlocutory injunction appeals against discretionary orders is limited; interference warranted only if discretion exercised arbitrarily or ignoring settled legal principles, as reiterated in Wander Ltd v. Antox India and Pernod Ricard India v. Karanveer Singh Chhabra.
1) Indian Penal Code, Section 300 & 302 – The intention to cause death for murder can be inferred from factors including nature of weapon, vital part of body targeted, use of force, presence or absence of premeditation or sudden fight, and conduct of the accused. 2) Indian Penal Code, Section 300 Exception 4 – For a homicide to be reduced from murder to culpable homicide not amounting to murder under Exception 4, death must be caused without premeditation in a sudden fight upon a sudden quarrel, without undue advantage or cruelty.
1) Indian Penal Code; Section 376(3) – Definition and proof of rape and aggravated penetrative sexual assault require clear, consistent testimony corroborating the exact nature of the sexual act. 2) Protection of Children from Sexual Offences Act, 2012 (POCSO Act) – Section 164 Cr.P.C statements are admissible for corroboration or contradiction of evidence; vague terms like "bad act" must be adequately clarified to establish rape.
1) POCSO Act, 2012—Section 3 (Penetrative Sexual Assault) and Section 5(m)—define penetrative sexual assault to include even partial penetration or manipulation of the child’s body causing penetration, with enhanced punishment if the victim is under 12 years of age. 2) Evidence—As held in State of Uttar Pradesh v. Babul Nath and Ranjit Hazarika v. State of Assam, absence of hymenal rupture or external injuries does not negate the occurrence of penetrative sexual assault; reliable testimony of the child victim can suffice for conviction.
1) Protection of Children from Sexual Offences Act, 2012 – Sec 6, 8, 12 – Burden of Proof and Evidentiary Standards – Evidence of prosecutrix is vital though it requires corroboration in presence of discrepancies; intact hymen and absence of injury may affect credibility of alleged penetrative sexual assault. 2) Criminal Procedure Code – Sec 164 – Statement under Sec 164 Cr.P.C can be used for corroboration or contradiction but does not constitute substantive evidence by itself.
1) Foreigners Act, 1946, Section 6A – Burden of Proof – The onus lies on the proceedee to prove Indian citizenship by documentary evidence demonstrating continuous residence or lineage prior to the cut-off date. 2) Citizenship (Amendment) Act, 2019 – Relief Provisions – Provides an option for persons declared foreigners to seek citizenship benefits under the Act, subject to prescribed procedures.
1) Foreigners Act, 1946 — Section 9 — Burden of proof lies on the person alleging citizenship to prove that they are not a foreigner, notwithstanding the provisions of the Evidence Act, 1872. 2) Writ Jurisdiction — Article 226, Constitution of India — Judicial review of Foreigners Tribunal decisions is limited to examining the decision-making process and legality, not reappraisal of facts or evidence.
1) Foreigners Act, 1946, Section 9 – Places the burden of proving Indian citizenship on the proceedee in foreigners’ tribunal proceedings, notwithstanding the Indian Evidence Act, 1872. 2) Constitutional Law – Writ Jurisdiction under Article 226 – The High Court’s role in certiorari jurisdiction is supervisory, confined to examining the decision-making process and error of law on the face of the record, without reappreciation of evidence or substituting its own findings of fact.
1) Transfer of Property Act, 1882; Section 55(4)(b) – Entitlement of seller to a charge upon property when ownership passes before full payment, contingent on delivery of possession. 2) Evidence Act, 1872; Sections 101 and 102 – Burden and onus of proof lie on the party asserting a fact and shifts to the opposing party after initial discharge.
1) Administrative Law – Doctrine of Proportionality and Wednesbury Unreasonableness – Cancellation of an examination must be a proportionate response to systemic irregularities affecting the sanctity of the examination process. 2) Constitutional Law – Article 14 – Principle of Equality – Recruiting authorities must segregate tainted candidates rather than cancelling the entire process to avoid treating unequals equally, thereby upholding fair chance and non-arbitrariness in selection.
1) Criminal Procedure – Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 – Exercising inherent powers for anticipatory bail requires consideration of the prima facie case, nature of offence, and severity of punishment, not merely the absence of custodial interrogation requirement. 2) Anticipatory Bail – Principles – The court must evaluate the nature and gravity of accusation, antecedents, possibility of escape, likelihood of reoffending, and the material available against the accused while deciding anticipatory bail application, as held in Siddharam Satlingappa Mhetre v. State of Maharashtra.
1) Criminal Procedure – Section 528 of the Bhartiya Nagrik Surksha Sanhita, 2023 – Provides the court the power to quash FIR or criminal proceedings where continuing the prosecution would serve no purpose, especially in cases of compromise. 2) Judicial Discipline – Abuse of Process Doctrine – When parties have settled their dispute amicably, continuation of criminal proceedings would amount to abuse of process of law and the court may intervene to prevent such misuse.
1) Criminal Procedure – Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 – The power to grant anticipatory bail is discretionary and must be exercised with caution only in exceptional cases, especially when there is a prima facie case against accused. 2) Bail – Section 438 of Cr.P.C. (Principles Applied) – While considering anticipatory bail, courts must consider the nature and gravity of offence, role of accused, possibility of flight, likelihood of tampering with evidence or witnesses, and severity of punishment.
1) Criminal Procedure Code, 1973 – Section 482 – The inherent powers of the High Court can be exercised to quash criminal proceedings if the dispute between the parties has been amicably resolved, to prevent abuse of the process of law. 2) Negotiable Instruments Act, 1881 – Section 138 – A complaint under this section can be quashed by the Court where the parties have settled their dispute and the continuation of the trial would serve no useful purpose.
1) Criminal Procedure – Bail – Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 empowers the Court to grant bail after considering nature of allegations and evidentiary aspects. 2) Protection of Children from Sexual Offences Act, 2012 – Sections 4, 6, 10, 12 – Offences under POCSO require cautious exercise of bail discretion to protect the victim and society while balancing the rights of the accused.
1) Criminal Procedure – Bail – Section 483 BNSS, 2023 – Factors to be considered for bail application include nature and gravity of accusation, antecedents, possibility of fleeing justice, and whether arrest is mala fide to injure the accused. 2) Criminal Law – Commercial Offences – Dishonour of Cheques – Financial disputes primarily of civil nature are relevant in bail consideration and do not per se preclude grant of bail.