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1) Evidence – Dying Declaration – Section 32(1) of Indian Evidence Act, 1872 (now Section 26 of Bharatiya Sakshya Adhiniyam, 2023) recognizes dying declarations as relevant statements about cause of death or circumstances thereof, admissible if voluntary, truthful, and made by a mentally fit declarant. 2) Criminal Law – Homicide – Multiple Dying Declarations – When relying on multiple dying declarations, courts must examine their coherence, voluntariness, and consistency on core facts for reliability before convicting.
1) Constitutional Law – Articles 14 & 15 – Exclusion of married daughters from the definition of "family" under compassionate appointment rules violates the right to equality and non-discrimination. 2) Service Law – Compassionate Appointment – An application filed within the prescribed period for compassionate appointment cannot be rejected on the ground of administrative delay or limitation attributable to the applicant.
1) Evidence – Eye-Witness Testimony – The doctrine of “sterling witness” requires unassailable, consistent, and credible testimony free from material contradictions and police tutored improvements for conviction. 2) Criminal Procedure – FIR – Prompt lodging and transmission of FIR is vital to prevent afterthought embellishments; ante-timing and unexplained delays critically undermine its evidentiary value.
1) Criminal Procedure – FIR – Tampering or interpolation of FIR and related official records undermines the credibility of the prosecution case and raises reasonable doubts about the guilt of the accused. 2) Evidence – Eyewitness Testimony and Investigation – Lack of independent eyewitnesses compounded with investigative lapses including absence of crucial forensic reports can warrant acquittal on grounds of insufficient and doubtful evidence.
1) Registration Act, 1908 — Sections 35, 71, 72, 73, 75 — Registration of Documents — Distinction between refusal of registration on grounds other than denial of execution (Section 72) and denial of execution (Section 73) is jurisdictional and substantive but appellate proceedings must be considered in substance and not mere nomenclature. 2) Constitutional Law — Judicial Review — Article 226 — Scope of interference with statutory orders — A writ court cannot reappreciate evidence or substitute its view on disputed facts where statutory authority’s conclusion is supported by some relevant material and concurrent civil proceedings for substantive rights are pending.
1) Evidence – Dying Declaration – A dying declaration stands on equal footing with other evidence and must be evaluated on circumstances like the declarant’s capacity to speak, opportunity to observe, and absence of tutoring; corroboration is not an absolute necessity if the declaration is found reliable. 2) Criminal Trial – Identification – In cases with eyewitnesses who do not know accused prior to the crime, a Test Identification Parade is necessary to fix identity; absence of such procedure and failure of witnesses to recognize accused renders conviction unsafe.
1) Indian Penal Code; Section 300 Exception 4; Section 304 Part I – In case of sudden fight without premeditation and heat of passion, culpable homicide not amounting to murder can be established if the accused acted without undue advantage or cruelty. 2) Indian Penal Code; Section 149 – Liability of members of an unlawful assembly arises only if the offence is committed in furtherance of common object, and mere presence without active participation does not attract liability.
1) A revisional authority enhancing punishment must record specific, cogent reasons in writing after objectively considering the explanations submitted by the delinquent employee and apply relevant regulatory criteria, failing which the enhancement is liable to be quashed.
1) Grant of bail under Section 45 of the PMLA requires satisfaction of twin conditions: reasonable grounds to believe that the accused is not guilty of the offence and that he is not likely to commit any offence while on bail.
1) Grant of bail in cases involving sexual offences against minors depends on factors including victim’s age, support to prosecution, nature and gravity of accusations, applicant’s antecedents, and likelihood of prejudice to trial.
1) Compensation for loss of income in motor accident death claims must be assessed based on credible evidence of the deceased’s actual income or in absence thereof, on government notified minimum wages applicable to the deceased’s category of work.
1) Criminal Procedure – Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 – Provision to grant pre-arrest bail to prevent unnecessary arrest and custodial interrogation when allegations are not strongly supported by material evidence. 2) Criminal Law – Sexual Offences – Delay in lodging complaint and absence of medical evidence can be relevant factors in considering the grant of pre-arrest bail.
1) Criminal Procedure – Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 – Powers of the Court to grant pre-arrest bail to prevent abuse of process and protect the accused from arbitrary arrest. 2) Criminal Conspiracy and Cheating – Bharatiya Nyaya Sanhita, 2023, Sections 318, 324, 336 – Offences relating to illegal overseas recruitment and fraud through false representations concerning employment abroad.
1) Narcotic Drugs and Psychotropic Substances Act, 1985 – Section 37 – Bail provisions for commercial quantity cases – Bail can only be granted where there are reasonable grounds to believe the accused is not guilty and will not commit an offence while on bail; this restricts the court’s jurisdiction in granting bail in commercial quantity cases. 2) Criminal Procedure – Bail – The accused’s possession of contraband in commercial quantities indicates prima facie involvement and premeditation, impacting bail eligibility.
1) An order dismissing a writ petition for default may be recalled if the default was due to unavoidable circumstances beyond control, and the petitioner shows genuine interest in pursuing the matter.
1) Employees whose services were taken over by the State under the Meghalaya (Taking Over of District Council Lower Primary Schools) Act, 1993, and who have served for considerable periods prior to and after the takeover, are entitled to pensionary and terminal benefits on par with others similarly situated.
1) A notice under Section 41A CrPC merely requires the presence of the accused before the Investigating Officer and does not, by itself, create a legal basis for arrest or pre-arrest bail.
1) Enemy Property Act, 1968 – Section 12 and Enemy Property Rules, 2015 – Issuance of Certificate of Vesting – Mandate of prior notice, inquiry, and hearing are essential prerequisites and failure thereof renders the certificate ex parte and void. 2) Constitutional Law – Writ Jurisdiction under Article 226 – Administrative orders passed without exhaustion of statutory remedy under Section 18 of Enemy Property Act can be deferred for decision on representation, with the High Court refraining from interference until statutory remedy is availed.
1) Motor Vehicles Act, 1988 – Section 166 – Liability of insurer to indemnify the owner of the offending vehicle is absolute except in specifically excluded circumstances. 2) Motor Vehicles Act, 1988 – Definitions – A driver holding a valid LMV license is authorized to drive the offending vehicle, even if the vehicle is used as a goods vehicle without endorsement, thus not vitiating the insurance cover.
1) Criminal Jurisprudence – Appeal against acquittal – The appellate court may interfere only if the trial court’s findings are palpably wrong, manifestly erroneous or unsustainable. 2) Evidence – Benefit of doubt – If more than one reasonable conclusion is possible, the court must lean in favor of the accused and uphold acquittal.
1) Enemy Property Act, 1968 – Section 12 and Enemy Property Rules, 2015 (as amended 2018) – Mandatory requirement of issuing pre-decisional notice and affording an opportunity of hearing before issuance of Certificate of Vesting. 2) Constitutional Law – Article 226 – Administrative law principle of exhaustion of statutory remedies – Writ jurisdiction is ordinarily not exercised where adequate alternative remedy under a statute is available and not availed.
1) Criminal Procedure Code – Sections relating to bail – The court must consider all material evidence, including video footage and witness statements under Section 161 CrPC, before granting or refusing bail. 2) Judicial Discipline – Requirement of recording reasons – Courts must provide clear, independent reasons for their decisions, including an explanation of how material evidence impacts bail applications.
1) Constitutional Law – Article 226 – The writ jurisdiction of High Court is supervisory and not appellate; interference is warranted only on error of jurisdiction, breach of natural justice, or perversity of facts. 2) Service Law – Domestic Inquiry – Findings must be based on relevant evidence; a decision founded on conjectures or lacking evidence is perverse and can be quashed under writ jurisdiction.
1) Tamil Nadu Estates (Abolition and Conversion into Ryotwari) Act, 1948 – Section 14-A prohibits grant of Ryotwari patta over private tanks, ooranis, or lands classified as such, and mandates cancellation of any patta granted in contravention. 2) Revenue Records and Land Classification – The earliest survey and settlement records determine the nature of land; non-ryoti lands such as tanks or poramboke cannot be converted into ryoti land for patta grant.
1) Criminal Procedure – Bail – Principles of natural justice require that the party opposing bail must be given a fair opportunity to present its case before the court grants bail. 2) Criminal Law – Abuse of process – Concurrent and non-disclosure of material facts in multiple proceedings during pending bail applications amounts to abuse of process and vitiates the exercise of discretionary jurisdiction.
1) Limitation Law – Limitation Act, 1963 – Articles 54, 59, 64 – Period for suits related to specific performance, cancellation of instruments, and possession – Execution and knowledge of Sale Deed form the limitation trigger. 2) Transfer of Property Act, 1882 – Sections 53A and 54 – Agreement to Sell without registered Sale Deed does not create title; part performance doctrine protects possession against transferor but not against a third party with registered title.
1) Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 – Section 41 – Alienation of inam lands granted for support of religious institutions by way of gift is void ab initio and cannot be sanctioned by the Government or Commissioner. 2) Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 – Sections 34, 34-A – Alienation of immovable trust property requires prior statutory sanction and publication of intended transaction; rent must be fixed with reference to market value by a constituted Committee.
1) Representation of People Act, 1951 – Section 125-A – This provision penalizes candidates for furnishing false information in affidavits accompanying nomination papers, and its penal provisions operate notwithstanding anything contained in any other law. 2) Code of Criminal Procedure, 1973 – Section 195(1) – This section bars courts from taking cognizance of certain offences punishable under Sections 172 to 188, IPC, except on complaint by a public servant concerned or an administratively subordinate public servant.
1) Prevention of Corruption Act, 1988 – Section 17A – Prior approval for investigation is required only where the alleged offence is relatable to recommendations or decisions taken by a public servant in discharge of official functions or duties. 2) Criminal Procedure – Sanction for prosecution under Section 19 of the PC Act is procedural and absence thereof before cognizance may amount to irregularity but does not vitiate the trial if obtained before trial.
1) Public Auction – Chandigarh Estate Rules, 2007 – Rule 5 and General Terms – State has the authority to accept, reject, adjourn, postpone or cancel an auction without assigning reasons before execution of conveyance deed; the power is exercisable to protect public interest and maximize public revenue. 2) Contract Law – Indian Contract Act, 1872, Section 2(h) – Agreement to Sell is not an enforceable contract until conveyance deed is executed; until then, parties’ rights are governed by conditions in auction rules and terms.
1) Criminal Law – Bail – Grant of bail requires consideration of investigation completeness, risk of tampering with evidence, and conduct of accused – Bail not to be denied indefinitely merely on gravity of allegations. 2) Prevention of Corruption Act, 1988 – Sections 7(c), 9, 10, 12, 13(1)(a), 13(2) – Enormous financial impropriety with institutional collusion in public welfare projects merits serious scrutiny but does not preclude bail if investigation is complete and no further custodial interrogation required.
1) Judicial power to issue writ of mandamus to compel timely disposal of statutory revenue matters pending before administrative authorities.
1) Seniority and eligibility entitle the petitioner to be posted in the senior Grade-I post of Principal Officer, Health and Family Welfare under TTAADC service rules.
1) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 – Section 14 – Amendment conferring Special Courts power to directly take cognizance for speedy trial does not oust Magistrate's jurisdiction to take cognizance and commit cases, and procedural irregularity in initial Magistrate's cognizance does not vitiate subsequent proceedings without proof of prejudice or failure of justice. 2) Criminal Procedure Code – Sections 460 and 461 – Distinguishing irregularities not vitiating proceedings from those making proceedings void; a Magistrate taking cognizance without legal empowerment but in good faith does not render proceedings void under Section 460(e), absent demonstrated prejudice.
1) Service Law – Equal Pay for Equal Work – Contractual employees are entitled to equal pay if they discharge work of equal value to regular employees, subject to proving parity in duties, qualifications, responsibilities, and other relevant factors. 2) Administrative Law – Writ of Certiorari – A writ can be issued if the decision is based on no evidence or the tribunal/authority fails to apply relevant legal parameters and provides no reasoned order.
1) Revenue Law – U.P. Zamindari Abolition and Land Reforms Act, 1950 – Section 341 and U.P. Zamindari Abolition and Land Reforms Rules, 1952 Rule 339 confer statutory basis for review jurisdiction on appellate revenue authorities including the Commissioner in suits under Section 229-B. 2) Procedural Law – Code of Civil Procedure, 1908 – Order XLVII Rule 1 – Grounds for review are confined to error apparent on the face of record, discovery of new and important matter/evidence with due diligence, or sufficient reason recognized by law, and review cannot be substituted for an appeal or rehearing on merits.
1) Criminal Law – Offence under Section 316 BNS – Dishonest misappropriation of entrusted funds by a partner amounts to criminal breach of trust irrespective of existence of arbitration clause for civil disputes. 2) Criminal Procedure – Section 438 CrPC – Grant of anticipatory bail – Economic offences constitute a class apart requiring cautious and sparing exercise of extraordinary power; grant of anticipatory bail not a rule but an exception in serious financial fraud cases.
1) Criminal Law – BNS, Sec 69 – The term “woman” means a female human being and does not include transgender persons, who have distinct legal identity under the Transgender Persons (Protection of Rights) Act, 2019; 2) Transgender Persons (Protection of Rights) Act, 2019, Sec 18(d) – Sexual abuse of a transgender person is punishable under this specialized provision and not under provisions related to females.
1) Education – Affiliated Institutions – Private Unaided Minority Colleges – Binding Effect of Government Notifications – Such institutions, by seeking affiliation, become subject to statutory and regulatory conditions including prescribed pay scales for non-teaching employees. 2) Administrative Law – Notification Publication – Requirement of Gazette Publication – Non-publication of notifications in the Official Gazette may affect enforceability only if expressly mandated by the enabling statute; absence of such mandate does not render notification invalid.
1) Indian Penal Code; Sec 376(2)(i) & POCSO Act, 2012; Sec 6 – The punishment for aggravated penetrative sexual assault under Section 6 of the POCSO Act prior to its 2019 amendment is not substitutable retrospectively with the enhanced penalty introduced by the amendment. 2) Evidence – The unshaken testimony of the victim corroborated by medical evidence suffices to sustain conviction for offences of kidnapping, inducing a minor, and aggravated penetrative sexual assault under the relevant Penal Code and POCSO provisions.
1) Arbitration and Conciliation Act, 1996 – Section 9 – Court’s power to grant interim measures in aid of arbitration requires existence of a prima facie case, balance of convenience in favour of the applicant, and risk of irreparable harm if relief is refused. 2) Companies (Meetings of Board and its Powers) Rules, 2014 – Rule 8 – Removal of key managerial personnel, including CEO, must be effected only by a resolution passed at a duly convened Board meeting.
1) Indian Penal Code, Sec 498-A – Dowry Cruelty – Specific instances and continuous or proximate acts of cruelty must be established to hold accused liable under Section 498-A. 2) Indian Penal Code, Sec 306 and Sec 107 – Abetment to Suicide – Mens rea and proximate causal link are essential elements to attract conviction under Section 306 IPC.
1) Service Law – West Bengal Panchayat Act, 1973 – Rule 4(VII)(b) of the 1997 Rules mandates that promotion to Head Assistant must be on the basis of “merit-cum-seniority” where merit is dominant and seniority is secondary, as affirmed by Supreme Court in B.V. Sivaiah v. K. Addanki Babu. 2) Administrative Law – Executive Orders – Executive memorandums or government orders cannot override, dilute, restrict, or alter substantive statutory rules; they are subordinate instruments and must conform strictly to parent statutory provisions.
1) Service Law – Compassionate Appointment – West Bengal School Service Commission (Selection of Persons for Appointment to the Post of Non-Teaching Staff) Rules, 2009 – Family income computation includes 40% of family pension for first seven years – Financial hardship defined as income less than gross salary of Group ‘D’ staff – Compliance with scheme mandatory for grant or rejection of compassionate appointment. 2) Constitutional Law – Article 226 – Judicial Review – Scope is limited to examination of decision-making process and reasonableness – Courts do not act as appellate authority on merits of administrative orders – Compassionate appointment being an exception is to be strictly construed and governed by scheme provisions.
1) Constitutional Law – Articles 21, 19(1)(g) – Right to Life and Freedom of Occupation – Does not extend to illegal occupation or encroachment of public property causing obstruction to public convenience. 2) Municipal Law – Kolkata Municipal Corporation Act, 1980 – Sections 371 and 516 – Empower municipal authorities to issue notices for removal of unauthorized encroachments on public land.
1) West Bengal Premises Tenancy Act, 1997 – Section 7(1) – mandates the tenant to deposit all arrears and current rent month by month within specified periods as a precondition for protection against eviction. 2) West Bengal Premises Tenancy Act, 1997 – Section 7(3) – prescribes that failure to make statutory deposits within time or extended time shall result in striking out tenant’s defence and proceeding with eviction.
1) Criminal Procedure Code – Section 195(1)(a)(i) – No Court can take cognizance of offence under Section 182 IPC except upon a formal written complaint by the concerned public servant; police charge sheet cannot substitute such complaint. 2) Evidence Act, 1872 – Section 74 – Public documents issued by competent authority are unimpeachable evidence; such documents, when undisputed, must be considered for quashing proceedings under Section 482 Cr.P.C.
1) Indian Penal Code—Section 415 and 420—Cheating—Dishonest intention at inception of transaction is essential to constitute offence of cheating under Section 420 IPC; mere breach of contract or subsequent non-payment does not suffice. 2) Criminal Procedure Code—Section 202(1)—Summoning of Accused—Mandatory statutory duty to conduct inquiry or investigation before summoning accused residing outside jurisdiction, which cannot be waived by presence of local co-accused.
1) Motor Vehicles Act, 1988 – Section 166 – Compensation – Assessment of quantum of compensation must consider proved medical disability, loss of salary, and medical expenses, ensuring neither excessiveness nor inadequacy. 2) Evidence – Delay in lodging FIR – Mere delay in lodging FIR post-accident does not inherently bar a claim, especially where delay is attributed to hospitalization of the injured and not to concealment or fabrication.
1) Railways Act, 1989 - Section 124A - Compensation claims for railway accidents impose an initial burden on the Railways to prove the deceased was not a bona fide passenger. 2) Evidence Law - Burden of Proof – Mere absence or non-recovery of ticket does not conclusively establish that the deceased was not a bona fide passenger; burden shifts to Railways to disprove bona fide status once claimant adduces plausible evidence.
1) Motor Vehicles Act, 1988 – Section 166 – Compensation for permanent disablement – Assessment of compensation must consider medical disability, loss of income, and actual evidence of salary and medical expenses. 2) Evidence – Delay in lodging FIR – Mere delay in lodging FIR does not make the claimant’s case doubtful if plausible reasons such as hospitalization exist, consistent with judicial precedents.
1) Service Law - Compassionate Appointment - Appointment lacking minimum prescribed educational qualification and without prior approval of competent authority is null and void and requires ex post facto validation. 2) Civil Procedure - Advocate Authority - An advocate has no implied authority to settle or make binding concessions without explicit instructions from the client; courts have duty to rectify orders based on unauthorized concessions.
1) Service Law – Pensionary Benefits – Temporary/daily rated service rendered prior to regularization is to be considered as qualifying service for pension under the Death Cum Retirement Benefit Scheme. 2) Administrative Law – Pension Claims – Deficiency in qualifying service due to prior temporary engagement can be condoned, and arrears including family pension granted to the legal heirs posthumously.
1) Service Law – Regularization of Contractual Employees – Eligibility requires appointment against sanctioned posts and fulfillment of prescribed qualifications per Uma Devi (3) decision. 2) Administrative Law – Judicial Review – Administrative authorities’ refusal to regularize contractual lecturers not appointed against sanctioned posts and who did not engage in regular recruitment process does not violate principles of natural justice or equal protection.
1) Conviction under Sections 324/34 and 394/34 IPC can be sustained based on medical evidence of injuries and recovery of stolen property in absence of serious injuries or death risk.
1) Impersonation and false declaration regarding identity in legal and revenue proceedings constitute offences under Sections 419 and 193 of the Indian Penal Code respectively.
1) Conviction under Section 354 IPC can be sustained on credible eyewitness testimony corroborated by circumstantial evidence regarding harassment outraging the modesty of a minor.
1) The policy prescribing disqualification for compassionate appointment if a family member is already in government service precludes entitlement regardless of financial dependency or living arrangements.
1) Bail and Anticipatory Bail – Section 64(1) of BNS provides the legal framework for anticipatory bail in cases involving sexual offences and related criminal allegations – its application depends on the overall facts and conduct of the accused. 2) Evidence – Evidentiary treatment of audio-video recordings and delay in FIR registration affect the credibility and investigation but do not preclude grant of anticipatory bail where custodial interrogation is unnecessary.
1) Criminal Procedure Code – Section 437 – Bail – The grant of bail in murder cases depends on the material on record, investigation quality, and evidence sufficiency, but procedural lapses in investigation can justify bail. 2) Indian Penal Code – Section 302 – Murder – Presence of confessional statements, last seen evidence, and forensic findings constitute substantive evidence for trial but do not preclude bail where investigation is flawed.
1) Criminal Procedure – Anticipatory Bail under Section 438 CrPC – The court may grant anticipatory bail when the investigation is at an early stage and evidence is presently insufficient to justify arrest. 2) Indian Penal Code, 1860 – Section 420 (Cheating) – Requirement of a comprehensive investigation including examination of documentary evidence and original documents to establish culpability.
1) Arbitration and Conciliation Act, 1996 – Section 11 – The Court’s jurisdiction under Section 11(6) is limited to prima facie examination of the existence of a valid arbitration agreement before appointing an arbitrator. 2) Arbitration – Appointment of Arbitrator – The appointed Sole Arbitrator must comply with disclosure requirements under Section 12(2) of the Arbitration Act and the arbitration proceedings are independent of the judicial observations made during appointment.
1) Criminal Procedure – Section 482 CrPC and Section 528 BNSS, 2023 empower High Courts to quash criminal proceedings, including non-compoundable offences, if there is a bona fide settlement between the parties and public interest does not suffer. 2) Criminal Law – Indian Penal Code, Sections 354B, 323, 328 – Matrimonial disputes involving non-compoundable offences can be quashed to foster amicable settlements under judicial discretion to secure ends of justice.
1) Prevention of Money Laundering Act, 2002 – Section 45 – Anticipatory Bail – The twin conditions require the court to be satisfied that there are reasonable grounds to believe the accused is not guilty and is not likely to commit an offence while on bail. 2) Prevention of Money Laundering Act, 2002 – Section 50 – Summons – A person summoned under PMLA must appear in person; failure to comply disentitles the accused from the grant of anticipatory bail.
1) Constitutional Law – Article 21 – Right to Life and Personal Liberty includes the right to make decisions concerning one’s body and reproductive choices, which cannot be unduly restricted by statutory limitations, especially in cases involving minors and victims of sexual violence. 2) Medical Termination of Pregnancy Act, 1971 (as amended in 2021) – Although the Act prescribes a gestational limit of 24 weeks for termination, Constitutional Courts exercising jurisdiction under Article 226 can permit termination beyond this period focusing on the welfare and autonomy of the pregnant woman.
1) Civil Procedure Code – Order IX Rule 13 – "Sufficient cause" requires a bona fide, reasonable explanation for non-appearance and the defendant must show diligence in defending the suit. 2) Advocate-Client Relationship – Negligence of an advocate ordinarily binds the client and does not automatically justify setting aside an ex-parte decree; the litigant must be vigilant and not disown his lawyer at whim.
1) Delhi School Education Rules, 1973 – Rule 46 mandates prior approval of the Director of Education and consultation with the Advisory Board before closing a recognised school. 2) Delhi School Education Act, 1973 – Section 22 requires constitution of the Delhi School Education Advisory Board whose consultation is necessary before approval of school closure.
1) Civil Procedure Code – Order VII Rule 11 – Plaint may be rejected if it discloses no cause of action or the relief claimed is not maintainable. 2) Civil Procedure Code – Section 11 and Abuse of Process – Re-litigation of issues already judicially decided amounts to abuse of process and may warrant rejection of subsequent suits raising identical claims.
1) Civil Procedure Code – Order XVI Rule 1 and Section 151 – A party can summon a witness to produce documents during evidence stage even if the documents were not filed earlier with the written statement, provided the documents are relevant and material to the dispute. 2) Civil Procedure Code – Order XI Rule 1 (as amended by Commercial Courts Act, 2015) – The requirement of “reasonable cause” for not filing documents initially is relaxed where documents are essential for just adjudication and when trial stage permits examination and testing of such documents.
1) Service Law – Flexible Complementing Scheme – The FCS mandates rigorous assessment for in situ promotions, including screening of Annual Confidential Reports, interviews, and competent authority approval, but allows no retrospective promotions except where delay is attributable to administrative lapse. 2) Administrative Law – No party can take advantage of its own wrong – An administrative delay in conducting assessments for promotion under the FCS cannot be used by the department to deny retrospectively the entitlement to promotion from the date of eligibility.
1) Administrative Tribunals Act, 1985 – Section 25 – confers discretionary power on the Chairman to transfer cases pending before one Bench to another for disposal. 2) Constitutional Law – Writ jurisdiction under Article 226 – High Courts act as courts of certiorari and interference with discretionary orders is limited to cases of jurisdictional error, illegality, or violation of natural justice.
1) Indian Penal Code - Section 397 - Use of deadly weapon in robbery requires exhibition or brandishing causing fear and does not mandate actual firing or infliction of injury. 2) Indian Penal Code - Section 397 - The use of a deadly weapon “at the time of committing robbery” elevates punishment and operates along with Section 392 IPC, not as a separate offence.
1) Criminal Procedure Code – Section 482 CrPC and 528 Bharatiya Nagarik Suraksha Sanhita, 2023 – Inherent jurisdiction to quash FIR and criminal proceedings should be exercised sparingly and only where continuation amounts to abuse of process of law. 2) Delhi Municipal Corporation Act, 1957 – Sections 344 and 467(a) – No court can proceed with trial for offences under Section 344 unless a complaint is made by an authorized officer not below the rank of Deputy Commissioner; non-compliance renders prosecution impermissible.
1) PMLA – Section 2(1)(u) – Defines proceeds of crime as property derived or obtained as a result of criminal activity relating to a scheduled offence and requires foundational facts connecting the property with the offence for application of money laundering provisions. 2) PMLA – Section 3 and Section 45 – Liability for money laundering extends to dealing with proceeds of crime even if the accused was not involved in the original scheduled offence, but grant of bail under Section 45 depends on reasonable grounds to believe accused is not guilty and is unlikely to commit offence while on bail.
1) Arbitration and Conciliation Act, 1996 – Section 11 – Appointment of Arbitrator – The Court’s jurisdiction under Section 11 is limited to prima facie satisfaction of existence of arbitration agreement and is not concerned with merits of disputes. 2) Arbitration and Conciliation Act, 1996 – Arbitrability and Jurisdiction – Objections as to arbitrability or jurisdiction must be decided by the appointed arbitrator, not at the stage of appointment under Section 11.
1) Criminal Procedure Code – Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 – empowers courts to grant interim bail during pendency of regular bail applications, especially on compelling medical grounds. 2) Constitutional Law – Article 21 – right to life and dignity – imposes obligation on courts to consider medical exigencies and potential irreparable harm in bail considerations.
1) Statutory Provisions - Assam State Acquisition of Lands Belonging to Religious or Charitable Institutions of Public Nature Act, 1959, Section 25-A — The Managing Committee under Section 25-A is mandated to exercise control over the utilisation of annuity and verification of the proper maintenance of the institution’s accounts, but does not possess overarching authority over overall management. 2) Civil Procedure and Customary Rights — The existence of an earlier civil court settled management scheme or recognized customary rights does not extinguish the statutory duty to constitute a Managing Committee under Section 25-A, provided the Committee’s limited role is confined to its statutory mandate.
1) Central Goods and Services Tax Act, 2017 – Section 29 – Requires that cancellation of registration must be preceded by a Show Cause Notice specifying reasons for cancellation, and the cancellation order must state the reasons thereof. 2) Central Goods and Services Tax Act, 2017 – Sections 73(10), 74(10), and 29 – Time limits and procedural requirements for revocation of cancellation of registration and filing of returns must be complied with, but courts may allow extended timelines where procedural lapses or non-communication of cancellation exists.
1) Central Goods and Services Tax Act, 2017 – Section 29 – Cancellation of Registration – Requirement of providing reasons in the Show Cause Notice and cancellation order – Non-compliance renders the order liable to be quashed. 2) Central Goods and Services Tax Act, 2017 – Sections 39, 73(10), 74(10) and 44 – Filing of returns, timeline for revocation of cancellation, and computation of period for assessment of tax dues – Strict adherence to statutory timelines is necessary but extension may be considered based on facts and equity.
1) Natural Justice – Principles of natural justice require that an occupier alleged to be an unlawful occupant must be given a fair opportunity to present his claim and the authority must pass a speaking order before eviction. 2) Constitutional Law – Articles 14, 19, and 21 mandate due process and reasoned decisions in eviction proceedings impinging on fundamental rights of livelihood and residence.
1) Motor Vehicles Act, 1988 – Section 166 – Legal Representatives – The statute allows a legal representative, irrespective of dependency status, to institute and maintain a claim for compensation. 2) Motor Vehicles Act, 1988 – Compensation – The right to compensation crystallizes on the filing of the claim petition and is not extinguished by the death of a claimant during the proceedings.
1) Bail – Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 – Provides the procedure and criteria for grant of bail in cases under the statute including consideration of investigation status and antecedents. 2) Protection of Children from Sexual Offences Act, 2012 – Sections 8 read with 7 and 10 read with 9 – Enforce strict protection of child victims and safeguard the trial process; bail is not an absolute right but can be granted on appropriate conditions balancing the interests of accused and victim protection.
1) Narcotic Drugs and Psychotropic Substances Act, 1985 – Section 37 – Bail provisions for offences involving commercial quantity restrict the Court’s jurisdiction to grant bail unless reasonable grounds exist to believe accused are not guilty and unlikely to commit offence while on bail. 2) Bharatiya Nagarik Suraksha Sanhita, 2023 – Section 48 and Article 22(1) of the Constitution – Requirement to communicate grounds of arrest to relatives within a reasonable time; delay does not vitiate trial if communication occurs prior to production before Magistrate and no prejudice caused.
1) Criminal Procedure – Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 – inherent powers of the High Court to grant pre-arrest bail to prevent abuse of process and ensure justice. 2) Bail – Conditions and necessity – Bail may be granted where custodial interrogation is not necessary and sufficient material does not connect accused to offence at the initial stage.
1) Criminal Procedure – Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 governs the grant of regular bail and contemplates consideration of the nature of offence, evidence on record, and the stage of investigation/trial. 2) Protection of Children from Sexual Offenses Act, 2012 – Sections 4(1) r/w 3(a) and 12 r/w 11(iv) pertain to sexual offences against minors, mandating stringent safeguards but also require that evidence of force or absence of consent be considered in bail determinations.
1) Criminal Law – Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B) – Possession of contraband – Bail considerations involve weighing nature of offence, stage of investigation, antecedents, and possibility of tampering with evidence. 2) Bail – Principles governing grant of regular bail – Where investigation is near completion, recovery effected, and accused has no criminal antecedents, bail can be granted subject to stringent conditions to ensure cooperation and prevent interference with investigation.
1) Bail – Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 – Principles governing grant of regular bail to accused, especially regarding consent and age difference with minor victims. 2) Protection of Children from Sexual Offenses Act, 2012 – Sections 6(1) and 5(j) – Punishment and application in cases involving sexual intercourse with a minor, and implication for bail proceedings.
1) Criminal Procedure – Bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 – Bail is a rule and jail is an exception, especially where investigation is near completion and there is no requirement for further detention. 2) Indian Penal Code – Sections 406 (criminal breach of trust), 420 (cheating), 468 (forgery for purpose of cheating), and 471 (using as genuine a forged document) – The mere existence of allegations will not preclude grant of bail if the accused is not a flight risk or threat to the investigation.
1) Criminal Procedure – Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) vests inherent powers in the court to quash or prevent abuse of process but such power to grant pre-arrest bail can only be exercised in exceptional cases with recorded reasons. 2) Criminal Law – Grant of Pre-arrest Bail – The severity and gravity of the offence and the prima facie evidence against the accused are critical factors against granting pre-arrest bail to safeguard investigation and public order.
1) Criminal Law – Indian Penal Code, 1860 – Sections 109, 118, 120B, 324, 326, 307, 302, 465, 471, 201, 34 – Bail – Bail is generally not granted in serious offences involving common intention to commit murder, particularly when the trial is at an advanced stage. 2) Arms Act, 1959 – Sections 27(3), 7(a) – Bail – Usage of arms in furtherance of a crime increases severity, warranting denial of bail at advanced trial stage.
1) Criminal Procedure – Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 – Bail – The provision grants the courts discretion to grant bail based on factors like stage of investigation, antecedents of accused, and likelihood of tampering with evidence. 2) Criminal Law – Offences Against Person – Sections 126(2), 115(2), 118(1), 109(1), r/w Section 3(5) of Bharatiya Nyaya Sanhita, 2023 – Seriousness of the offences and common intention – Bail may be refused if accused are likely to commit similar offences or tamper with witnesses.
1) Criminal Procedure – Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 – Bail – Courts have discretion to grant bail when the investigation and interests of justice warrant release, especially upon settlement between parties or absence of continued threat. 2) Criminal Law – Offences under Bharatiya Nyaya Sanhita, 2023 (Sections 110, 115(2), 118(1), and 296(b)) – The nature and gravity of offences are relevant for bail but can be balanced against factors such as family settlement and cooperation with investigation.
1) Criminal Procedure – Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 empowers the Court to grant regular bail considering the stage of investigation and nature of offence. 2) Criminal Law – Bharatiya Nyaya Sanhita, 2023, Section 109(1) defines punishment for abetment of offences including attempt to commit an offence, which influences bail consideration balancing the gravity of offence and applicant’s antecedents.
1) Service Law – Transfer of Employees – The power to transfer a public servant in a transferable service is an administrative prerogative of the employer and courts ordinarily do not interfere unless mala fide, violation of statutory provisions, or detriment to career prospects is demonstrated (Article 226 of the Constitution). 2) Water (Prevention and Control of Pollution) Act, Section 11A – Delegation of Powers – Powers of general administration, including transfers, delegated by the Board to its Chairperson under Section 11A are valid and inclusive of the authority to transfer incumbents with their posts.
1) Criminal Procedure Code – Section 483 – Bail – Bail is to be granted when further detention is not necessary for the investigation or trial. 2) Indian Penal Code – Section 420 and Information Technology Act – Section 66D – Offences involving cheating and impersonation – Bail considerations depend on evidence and potential to tamper with prosecution or witnesses.
1) Criminal Procedure – Bail – Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 empowers courts to grant bail during trial subject to conditions and the facts of the case. 2) Excise Law – Kerala Abkari Act, Section 55(i) and Cigarettes & Other Tobacco Products Act, Section 6(b) – Offences relating to illegal sale and storage of liquor and banned tobacco products subject to strict procedural discretion in bail matters.
1) Criminal Procedure – Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 – The High Court’s power to grant pre-arrest bail under inherent jurisdiction is discretionary and can only be exercised in exceptional cases where recorded reasons justify such interference. 2) Excise Law – Kerala Abkari Act, 1 of 1077, Section 55(g) – Offence involving illegal possession/seizure of liquor requires custodial interrogation and safeguards to prevent interference with investigation before bail is granted.
1) Criminal Procedure – Section 483, Bharatiya Nagarik Suraksha Sanhita, 2023 – Bail provisions and the court’s discretion to grant bail based on involvement and evidence against the accused. 2) Criminal Law – Conspiracy and Extortion – The liability of an accused in a joint criminal enterprise and the differentiation in the degree of participation relevant for granting bail.
1) A bank may keep a disputed amount on lien but must defreeze the remainder of the account when the disputed sum is negligible or under dispute.