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1) Guardianship and Custody – Section 6 of the Hindu Minority and Guardianship Act, 1956 – The father, as natural guardian, has the paramount right to custody of his minor child unless proven unfit. This statute underpins the father’s legal right and presumption of fitness for custody. 2) Civil Procedure – Order XX Rule 5 CPC – Requirement for court to provide reasoned findings on each issue framed in a suit. Non-compliance renders the judgment unreasoned and unstable for judicial scrutiny.
1) Service Law – Suspension – Payment of Salary and Subsistence Allowance – Suspension is a provisional measure and does not automatically entitle an employee to full salary or subsistence allowance; entitlement depends on compliance with service rules, participation in inquiry, and outcome of proceedings. 2) Criminal Law – IPC Section 409 – Conviction Effects on Service Benefits – Conviction for criminal breach of trust under IPC Section 409 affects disciplinary proceedings and entitlement to service benefits; acquittal or exoneration must be explicitly recorded to confer such benefits.
1) Tender Jurisdiction – Judicial Review – Scope – Judicial interference in tender processes under Article 226 of the Constitution is limited to cases showing arbitrariness, mala fides, bias, or manifest unreasonableness, focusing on the decision-making process and not the commercial decision itself (Supreme Court rulings in Tata Cellular v. Union of India (1994), Silppi Constructions Contractors v. Union of India (2019), Central Coalfields Ltd. v. SLL-SML (2016)). 2) Administrative Law – Principles of Natural Justice – Audi alteram partem – A party affected by a reversal of a favorable order upon reconsideration is entitled to a communicated, reasoned order and opportunity to be heard before fresh eligibility is declared.
1) Indian Penal Code, Sections 304-B and 113-B – For conviction under dowry death, it must be shown that the woman was subjected to cruelty or harassment soon before her death for dowry demand; the presumption under Section 113-B is triggered only on such proof. 2) Evidence Act, Section 113-B – Presumption of dowry death applies only when prosecution establishes harassment or cruelty connected with dowry demand soon before death, failing which, the burden remains on prosecution to prove culpable homicide or murder.
1) Criminal Law – Indian Penal Code, Section 149 – Constructive liability requires proof beyond reasonable doubt of (a) existence of an unlawful assembly (Section 141 IPC), (b) accused’s membership in it, and (c) offence committed in prosecution of the common object or knowledge thereof. Mere presence or nomination in FIR is insufficient. 2) Criminal Trial – Evidence – The prosecution must establish the unlawful assembly’s nature, common object, member’s participation and shared intent with cogent and reliable evidence; hostile witnesses and absence of specific overt acts weaken conviction under Section 149 IPC.
1) Experience certificates for specified posts must be issued or countersigned by the competent District-level authority as per recruitment advertisement conditions to be valid for bonus marks.
1) Grant of regular bail depends on the nature and gravity of the offence, stage of trial, period of detention, likelihood of delay in trial conclusion, and possibility of tampering with evidence.
1) Bail can be granted to an accused where co-accused in identical circumstances have been granted bail and the charge-sheet is filed, subject to conditions ensuring presence during trial.
1) Proper and comprehensive appreciation of evidence regarding income and earning capacity of parties is essential for adjudicating maintenance applications under Section 125 Cr.P.C.
1) Constitutional Law – Article 226 of the Constitution of India – Extraordinary writ jurisdiction is discretionary and not a substitute for ordinary civil remedies where efficacious statutory remedies exist. 2) Civil Procedure – Order XXXIX Rule 7 and Section 10 CPC – Disputed questions of title and possession involving evidence cannot be adjudicated through writ petitions but must be decided by civil courts possessing appropriate jurisdiction.
1) Tender and Contract Law – Standard Bidding Document Clauses 27 and 28 – Employer’s discretion to accept or reject any bid and to cancel the bidding process at any time prior to award, without liability or obligation to inform bidders, is an absolute right reserved in the tender conditions. 2) Administrative Law – Judicial Review – Exercise of discretion by tendering authority to cancel tender is subject to judicial scrutiny only for mala fide, arbitrariness or irrationality; commercial or bona fide commercial decision of rejection or cancellation cannot be interfered with by courts in public interest.
1) Service Law – Banking Regulation Act, 1949, Section 21-A – Bars reopening of transactions between banking companies and debtors on the ground of excessive interest rate charged by the bank. 2) Contract Law – Doctrine of Election and Principle of "Qui Approbate Non Reprobat" – A party who accepts benefits under a contract cannot repudiate disadvantageous terms of the same contract later.
1) Criminal Procedure – Bail – Under National Investigation Agency Act and Indian Penal Code – Post-commencement of trial, the Court must assess sufficiency of evidence adduced to decide bail application, not rely solely on framing of charges. 2) Constitutional Law – Article 21 – Right to Life and Liberty – Prolonged detention without conclusion of trial may violate Article 21; timely completion of trial is essential to safeguard accused’s rights.
1) Criminal Procedure – Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 – Extraordinary powers to quash criminal proceedings are to be exercised sparingly and only to prevent abuse of process or secure ends of justice, not to conduct mini-trials or appreciate evidence. 2) Criminal Law – Grounds for quashing – An FIR can be quashed if allegations on face value do not disclose an offence, but disputed questions of fact requiring evidence appreciation must be left to trial court.
1) Prisoner Rights – Grant of parole/emergency leave is not a matter of entitlement but subject to existence of exceptional and compelling circumstances warranting temporary release as per prison regulations and judicial principles. 2) Indian Penal Code; Sec 376(2)(f), 376(AB), POCSO Act Sec 5(m) & 6 – The gravity and heinous nature of offences committed by a convict is a significant factor against granting parole or emergency leave.
1) Donation of land to the government entitles the donor family member to consideration for employment beyond contractual appointment, subject to procedural regularisation under relevant Office Memorandum guidelines.
1) Regularization of service under a statutory takeover requires consideration of service duration in context of cutoff dates and relevant government policies.
1) Service Law – Judicial Service – Entry Qualifications – The constitutional provisions under Articles 233, 217, and 124 mandate minimum years of practice for judicial appointments, supporting the necessity of prior legal practice for entry-level judicial posts to ensure maturity and competence. 2) Service Law – Judicial Training – Structured institutional training and supervised clerkships can complement, but not entirely substitute, practical courtroom exposure gained through practice at the Bar for appointment to judicial service.
1) Service Law – Professional Misconduct – Advocates Act, 1961, Section 35 – An advocate owes stringent duties of confidentiality and fidelity to the client and must not misuse privileged information or disparage the client publicly even after termination of engagement. 2) Service Law – Disciplinary Proceedings – Principles of natural justice require reasonable opportunity of hearing; however, presence and active participation in proceedings constitute waiver of claims for non-service of notice.
1) Civil Law – Land Acquisition – Tamil Nadu Highways Act, 2001 – Provisions governing land acquisition for public infrastructure projects and associated administrative sanction requirements for project execution. 2) Constitutional Law – Public Interest Litigation – Role of courts in monitoring and directing public infrastructure projects when bona fide public interest is demonstrated by a petitioner.
1) Entries in revenue records serve only fiscal purposes and do not confer ownership or title; ownership must be proved by primary documents establishing the title's flow.
1) Motor Vehicles Act, 1988 – Section 166 and related Rules – Compensation – The assessment of permanent disability and its impact on loss of future earning capacity must consider functional disability and not merely the percentage of physical disability as certified; the Tribunal must exercise discretion to award just and equitable compensation reflecting the real impact on earning capacity and life. 2) Motor Vehicles Rules, 1998 – Rule 220A – Future prospects and attendant charges – The Tribunal can award enhanced compensation for future prospects and attendant charges applying multiplier method, considering the extent of permanent disability, age of claimant, and need for ongoing attendant care due to severe injuries like quadriplegia.
1) Principles of natural justice require that affected parties must be given an opportunity to be heard before orders for removal of construction are passed under municipal law.
1) A notice issued to occupants of land must be replied to and considered on merits by the competent authority before any coercive action; interim protection can be granted till such decision.
1) Termination of contract service based on adverse ACR entries without communication and opportunity to represent violates principles of natural justice.
1) A no-confidence motion can only be barred within one year if the previous no-confidence motion was expressly rejected after consideration; a motion quashed on procedural grounds and not considered does not trigger the one-year embargo under Section 21(3)(iii) of the Chhattisgarh Panchayat Raj Adhiniyam, 1993.
1) Constitutional Law – Writ – Judicial Review of Administrative Action – A writ petition challenging an administrative notice is subject to the context of prior judicial orders and constitution of proper committees as mandated by the Court. 2) Procedural Law – Evidence and Hearing – The right of petitioner to produce documents before the committee or competent authority during survey proceedings is essential and must be allowed before final adjudication.
1) Narcotic Drugs and Psychotropic Substances Act, 1985 – Section 37 – Bail – Bail in cases involving commercial quantity of narcotics can be granted only on reasonable grounds to believe that the accused is not guilty and not likely to commit an offence while on bail, thereby limiting the court’s jurisdiction to grant bail. 2) Criminal Law – Possession and Transport of Narcotic Drugs – Prima facie involvement, conspiracy, and financial transactions indicative of complicity are relevant factors against granting bail pending trial.
1) Criminal Procedure – Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 – Powers of High Court to pass orders to prevent abuse of process of law including granting pre-arrest bail in appropriate cases. 2) Bail – Pre-arrest Bail – The necessity to balance investigation integrity and the accused’s right against unnecessary custodial interrogation when no direct overt act ascribed.
1) Delay in filing an appeal can be condoned if sufficient cause is shown, particularly when the appellant was in judicial custody and deprived of immediate legal assistance and financial resources.
1) Quashing of POCSO proceedings by consent of the survivor is permissible under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, if informed consent is established and parties are living together as husband and wife or are married with a child.
1) The necessity to exhaust statutory remedies under Section 8(2) of The Garo Hills Autonomous District (Social Customs and Usages) Validating Act, 1958 before approaching the Court directly.
1) Service Law – Appointment and Regularisation – The effect of an Office Order regularising services takes effect from the date specified therein and does not relate back to earlier contractual service dates, especially where the terms including pension scheme applicability are accepted and unchallenged. 2) Service Law – Provident Fund Schemes – Employees whose services are regularised under specified terms including coverage under CPF Scheme are not entitled to be covered under GPF Scheme retrospectively post-retirement where similar prior adjudication has held so.
1) Criminal Law – Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 – Sections 2 (definitions), 3 (penalty), and 23 (rules) – The Act defines ‘gang’ and ‘gangster’ status but does not create an independent offence; punishment is prescribed for status derived from activities criminalized under separate penal laws. 2) Constitutional Law – Article 20(1) of the Constitution of India – Principle of nulla poena sine lege – Prohibition against conviction and punishment without a law creating an offence at the time of the act – Retrospective imposition of penal consequences is impermissible; criminal liability must be founded on a substantive offence recognized by law.
1) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 – Sections 3(1)(r) and 3(1)(s) – Requirement that insult or abuse with intent to humiliate must occur in any place within public view for offence to be made out. 2) Criminal Procedure – Summoning Order – Prima facie case – At the stage of cognizance, court must see if material on record discloses essential ingredients of offence, but basic ingredients must emerge from FIR, chargesheet, and investigation materials.
1) Family Law – Maintenance – Section 125 of the Code of Criminal Procedure, 1973 – Interim maintenance – The purpose of interim maintenance is to protect a party from immediate inability to meet daily needs and to ensure proper care and upbringing of minor children. 2) Family Law – Maintenance – Shared parental obligation – Both parents have a joint and non-divisible liability to maintain minor children, and the liability cannot be divided by arithmetic alone considering the caregiving role of the custodial parent.
1) Civil Law – Specific Performance – Consent Decree and Enforcement – A Consent Decree for Specific Performance passed by a High Court and the appointment of a Court Receiver per an earlier decree governs possession and delivery of agricultural land during execution proceedings. 2) Civil Law – Tenancy and Agricultural Lands Act, 1948 (Gujarat) – Section 32G – The status of “protected tenants” under the Act affects possession rights and mandates consideration of interim relief subject to final adjudication in tenancy disputes.
1) Constitutional Law – Criminal Procedure – Sections 4, 27, 28, 30 of the PCPNDT Act, 1994 and Rules 18A(3)(iv) of PCPNDT Rules, 1996 – Establish the exclusive investigative role of the Appropriate Authority (AA) under the Act, restricting police involvement to supplemental assistance only. 2) Criminal Law – Special Statutes & General Laws – Doctrine of special law overriding general procedural law – As per Sections 4 and 5 of The Bharatiya Nyaya Sanhita, 2023 (BNSS) and precedents, the specialized procedure prescribed in the PCPNDT Act prevails over CrPC/BNSS powers for offences under the Act.
1) Service Law – Public Service Commissions – Article 315 of the Constitution of India and Rule 10 of the Chhattisgarh State Universities Service Rules, 1983 – The decision of the Public Service Commission as to the eligibility of candidates is final and binding; Appointing Authority’s power to verify eligibility is limited and cannot independently reassess eligibility without referring back to the Commission. 2) Service Law – Appointments – Principle that selection and recommendation by the Public Service Commission do not confer an indefeasible right to appointment; Appointing Authority has discretion to appoint but must act fairly, non-arbitrarily, and provide cogent reasons when rejecting recommendations.
1) Experience gained while holding current charge or in an equivalent post, even if on officiating basis, can be considered for eligibility unless statutory provisions restrict such consideration.
1) Family pension is a statutory right accruing under service rules and cannot be withheld due to the deceased employee’s loan liabilities.
1) Criminal Law – Indian Penal Code, Sections 302/34 – Conviction for murder requires a complete and credible chain of evidence, including the reliability of dying declarations and corroboration by medical and forensic reports. 2) Criminal Procedure Code – Section 173(2) – Timely submission of the police report to the Magistrate is critical for the validity of the investigation and the prosecution’s case; failure to comply can vitiate the investigation.
1) Evidence Act, Section 106 – Burden of Proof – Places burden on the accused to explain facts especially within their knowledge after the prosecution establishes a prima facie case, but does not relieve prosecution of the primary duty to prove guilt beyond reasonable doubt. 2) Indian Penal Code, Sections 302/149 and 498-A, and Dowry Prohibition Act, Sections 3/4 – Requirements for conviction in dowry death and murder cases – Prosecution must prove presence, dowry demand, cruelty, and causation beyond reasonable doubt, and circumstantial evidence must exclude all other hypotheses.
1) Indian Penal Code – Section 34 – Common Intention – Liability arises only when accused actively participate in commission of offence with a functional relationship to it; mere presence is insufficient. 2) Evidence – Appreciation of Ocular Testimony – Minor discrepancies or inconsistencies that do not affect core facts do not render testimony unreliable; credibility is to be assessed in totality considering the witness’s background and circumstances.
1) Indian Penal Code – Section 149 – Liability of members of unlawful assembly requires a minimum of five persons as per Section 141 IPC; conviction under Section 149 fails if group size is below five. 2) Criminal Procedure Code – Section 313 – Accused must be questioned on specific incriminating facts; facts not put to accused cannot be used against them in conviction.
1) Criminal Law – Indian Penal Code, Section 304 – Culpable Homicide not amounting to murder – Necessity of proving accused’s act caused death beyond reasonable doubt. 2) Evidence – Dying Declaration – Recording in presence of relatives – Impact on reliability and voluntariness of statement.
1) Procedure – U.P. Regulation of Urban Premises Tenancy Act, 2021, Section 33(2) – Directs Rent Tribunal to dispose of appeals expeditiously, ideally within 60 days, underlining the importance of timely adjudication of tenancy disputes. 2) Limitation Act, 1963 – Section 5 – Permits condonation of delay in filing appeals; however, pendency of such application does not preclude Courts from granting interim protection to preserve the efficacy of the appeal without deciding on its maintainability.
1) Maharashtra Tenancy and Agricultural Lands Act, 1948 – Sections 33B and 33C – The statute allows a certificated landlord to terminate tenancy for personal cultivation notwithstanding any earlier rejected applications under Section 31, and provides excluded tenants with a right to purchase land if prescribed conditions, including notice and application requirements, are unmet. 2) Maharashtra Tenancy and Agricultural Lands Act, 1948 – Section 33B(4) proviso – Special protective provisions for certificated landlords who are minors, widows, or persons with disabilities do not apply if such landlords are joint family members unless their share in the property is demarcated and separated before specified dates.
1) Indian Evidence Act, 1872 – Section 34 – Entries in books of account are relevant but not sufficient alone to establish liability, emphasizing the necessity of corroborative evidence for proving commercial transactions. 2) Indian Evidence Act, 1872 – Sections 101, 102, 103 – Burden of proof lies on the party asserting the existence of facts essential for legal rights or liability, requiring credible and admissible evidence to discharge the burden.
1) Insolvency Law – Insolvency and Bankruptcy Code, 2016 – Sections 5(13)(e), 30(2)(a), 31(1), 53(1)(a), 188, 189-195, 196(1)(c), 240(2)(d), 241 – Powers and functions of Insolvency and Bankruptcy Board of India (Board) to regulate insolvency process, including levying fees and making regulations – Board’s broad regulatory role throughout Corporate Insolvency Resolution Process (CIRP), beyond specified entities, justifies imposition of regulatory fee under Regulation 31A of the IBBI Regulations. 2) Constitutional Law – Article 14 – Regulatory Fee vs. Tax – Distinction clarified by Supreme Court precedent: a regulatory fee imposed by a statutory authority need not have strict quid pro quo but must bear a broad and general correlation to the services provided or regulatory functions performed – Excessiveness and proportionality tested in light of Board’s financial needs and functions – Retrospective operation of the regulation negated by proper interpretation of adjudicatory authority’s role under Sections 30 and 31 of IBC.
1) Stamp Duty – Maharashtra Stamp Act, 1958, Section 53A – Prescribes a six-year limitation period for revision of stamp duty determination based on certificates issued under Sections 32, 39 or 41; revision beyond this period is barred. 2) Stamp Duty – Maharashtra Stamp Act, 1958, Section 4 and Article 25 (Explanation I) of Schedule I – Provides that in multiple instruments executed for a single transaction, the principal instrument is chargeable with the highest duty; an agreement transferring possession may be deemed a conveyance attracting stamp duty accordingly.
1) Affected parties not impleaded or heard in writ proceedings leading to quashing of their appointment orders have the right to seek review/recall of such judgment on grounds of violation of natural justice and prejudice to vested rights.
1) Criminal proceedings can be quashed at the threshold only when the allegations do not constitute any cognizable offence or the continuation of the proceedings would amount to abuse of process of law, without undertaking a mini-trial or evaluating evidentiary worth of materials.
1) Criminal liability for medical negligence requires a high degree of negligence involving recklessness or gross carelessness beyond mere error of judgment or unsuccessful medical outcome.
1) An intra-court appeal is not maintainable against an interlocutory order which does not finally determine or vitally affect substantive rights of the parties and lacks finality.
1) Customs Law – Section 128 of the Customs Act – Provides the statutory appellate mechanism for challenging adjudication orders, which ordinarily bars the exercise of writ jurisdiction unless exceptional circumstances exist. 2) Principles of Natural Justice – Requirement of real and effective opportunity of hearing – An adjudication order passed without proper service of notices and denial of effective hearing opportunity is vitiated but disputed facts regarding notice and hearing are more appropriately considered by the appellate forum.
1) Service Law – Fundamental Rules 17(1) and 17-A – Obligation to discharge duties at the official place of posting to draw salary and allowances; absence without authority leads to cessation of pay. 2) Service Law – Leave Rules and Absence from Duty – Unauthorized absence or failure to obtain sanctioned leave results in salary and allowance stoppage under governing service rules.
1) Hindu Succession Act, 1956 – Section 8 – Rights of Class I heirs – An intestate estate devolves upon surviving Class I heirs, but such rights can be barred by a family settlement or estoppel arising from acceptance of consideration for relinquishment of future claims. 2) Evidence Act, 1872 – Section 115 – Doctrine of Estoppel – An expectant heir who accepts valuable consideration and permits the propositus to act on the faith of no future claim is estopped from asserting inheritance rights subsequently, notwithstanding the transfer of mere spes successionis.
1) Medical Education – FET-2024 Information Bulletin & Counselling Handbook – Eligibility Criteria – Specified cut-off date for possession of postgraduate qualification is mandatory and non-fulfilment thereof renders candidature liable for cancellation even if qualification is obtained subsequently. 2) Administrative Law – Article 226 – Equity and Estoppel principles cannot override statutory eligibility conditions prescribed by regulatory authorities in high-stakes admissions; candidatures obtained by misrepresentation can be cancelled at any stage without creating vested rights.
1) Municipal Law – Delhi Municipal Corporation Act, 1957, Section 123D and Section 116(E) – Validity and constitutionality of Bye Law No. 14 relating to property tax on covered spaces including stilt parking – Importance in levy and assessment of property tax and permissible challenge in writ jurisdiction. 2) Tax Amnesty Policy – SUNIYO Scheme, 2025 – The scheme is a policy measure allowing waiver of past tax liabilities contingent upon acceptance of fresh assessment and payment – Acceptance of benefits under scheme bars claims for refund of interim deposits made prior to scheme benefits.
1) Customs Law – Customs Act, 1962, Section 20 – Definition and treatment of "re-importation" requires continuity between export and return of goods, and re-import must constitute a restoration or reversal of the outward movement rather than an independent transaction. 2) Customs Exemption – Notification No. 45/2017-Cus (NN-45) and Notification No. 50/2017-Cus (NN-50) – NN-50 conditions govern concessional import of equipment for petroleum operations including transfer and disposal; NN-45’s exemption applies strictly to genuine re-import of previously exported goods; coexistence of both exemptions on same goods requires consistent legal characterization of movements.
1) Minimum Wages Act, 1948 – Section 22B(2)(b) – Limitation – No Court shall take cognizance of an offence punishable under Section 22A unless complaint is filed within six months of the alleged offence date; the date of commission must be determined based on the nature of the statutory violation alleged. 2) Minimum Wages Act, 1948 – Section 22C – Liability of Persons in Charge – For offences by companies, liability extends only to those in charge and responsible for conduct of business; vicarious liability principles apply analogous to Section 141 of the Negotiable Instruments Act.
1) Service Law – Regularisation of Contractual Employees – The Supreme Court in State of Karnataka v. Umadevi (3), (2006) 4 SCC 1, distinguishes between “illegal” and “irregular” appointments, permitting regularisation of employees engaged irregularly but serving continuously in sanctioned posts for ten years or more. 2) Service Law – Creation of Posts and Regularisation – Courts can direct employers to create supernumerary posts for regularisation of long-serving contractual employees performing perennial functions, as refusal to sanction posts may be subject to judicial review under Article 14 of the Constitution.
1) Criminal Law – Indian Penal Code, Sections 302 & 307 – Burden of Proof – The prosecution must establish guilt beyond reasonable doubt; inconsistencies and lacunae in eyewitness testimonies and investigation can justify acquittal. 2) Criminal Procedure – Appeal Against Acquittal – The appellate court should not overturn an acquittal unless the Trial Court’s findings are perverse, manifestly illegal, or unjust, giving due weight to the benefit of doubt extended to the accused.
1) Service Law – Industrial Disputes Act, 1947 – Section 11-A – Labour Court’s jurisdiction to interfere with punishment of dismissal when it is found to be disproportionate to the misconduct established. 2) Labour Law – Principles of Natural Justice – Domestic Inquiry – Inquiry must provide effective opportunity for defence including supply of documents and right to cross-examination; mere participation does not cure procedural defects.
1) Indian Penal Code, Section 307 – Attempt to Murder – Intention to cause death must be inferred from nature of weapon, manner of use, part of body targeted, and circumstances surrounding assault. 2) Evidence – Testimony of injured eyewitnesses corroborated by medical evidence holds high probative value and cannot be lightly discarded in criminal trials.
1) Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 37 – Conditions for grant of bail in cases involving commercial quantity of narcotics – Bail can be granted only if there are reasonable grounds to believe that the accused is not guilty and is not likely to commit any offence while on bail – The absence of direct recovery of contraband from the accused does not negate applicability of Section 37 where conspiracy and facilitation are alleged. 2) Criminal Procedure – Bail principles – Mere absence of personal recovery or physical possession of contraband by accused is insufficient to dislodge prosecution case founded on conspiracy and circumstantial evidence – Court must consider cumulative evidence including statements, electronic records, and movements to assess reasonable grounds for bail.
1) Arbitration & Conciliation Act, 1996 – Section 34 and Section 37 – Scope of Judicial Review – Courts have limited scope to interfere with arbitral awards, especially on factual findings unless the conclusion is perverse or based on no evidence. 2) Contract Law – Completion of Work and Payment – Where contract terms are fulfilled with acceptance from the other party, delayed completion with no liquidated damages or counterclaims implies waiver of time conditions; payments on lump sum/measurement basis require proof which can include bills and contemporaneous communications.
1) Evidence – Section 118 of the Evidence Act – Competency and appreciation of child witness testimony in sexual offence cases requires the court to ensure child understands the duty of truth and to assess whether testimony is voluntary and not tutored. 2) Forensic Evidence – Indian Penal Code, Sections 376AB and 6 POCSO Act – Absence of matching DNA evidence in FSL report weakens prosecution case and cannot be ignored if it contradicts other incriminating evidence.
1) Criminal Procedure Code, Section 389 (now Section 430 BNSS) – Appellate courts have discretion to stay conviction and sentence where irreparable damage would be caused and compensation would be impossible if acquittal is later granted. 2) Evidence – The necessity of balancing ocular testimony with scientific expert evidence (forensic and ballistic reports) to assess reliability and raise reasonable doubts.
1) Criminal Procedure – Bail – Parity Principle – Bail may be granted to an accused on parity with co-accused who have been granted bail, but such parity is not absolute and must be considered in light of the facts and conduct of each accused, including prior compliance with bail conditions and involvement in other offences. 2) Criminal Law – Offences under IPC and Arms Act – Flight risk and conduct of accused during trial proceedings, such as absconding after interim bail and involvement in multiple serious offences, are relevant factors in denial of bail under Sections 302/307 IPC (Murder and Attempt to Murder) and Arms Act provisions.
1) Criminal Procedure – Section 482 CrPC empowers the Court to quash FIRs and proceedings if a compromise between parties indicates that continuation of prosecution would not serve the interest of justice. 2) Indian Penal Code – Section 498A IPC (cruelty by husband or relatives) is a non-compoundable offence but in exceptional cases, settlement between parties may persuade the court to quash proceedings to prevent misuse of process of law.
1) Criminal Procedure Code – Section 50 – Obligation to inform accused of grounds of arrest – Non-supply of written grounds of arrest does not automatically entitle bail if no prejudice is caused to the accused. 2) Criminal Law – Proclaimed Offender Proceedings – Arrest of a proclaimed offender under Section 82 CrPC following issuance of non-bailable warrants and proclamation is lawful and intimation of arrest under these circumstances suffices.
1) Criminal Procedure – Quashing of FIR – Sections 498A and 406 IPC – The court may quash FIR and criminal proceedings if the parties have settled disputes amicably and continued cohabitation indicates bona fide compromise. 2) Criminal Law – Offence under Section 498A IPC (Cruelty by husband or relatives) – Compromise and reconciliation by the aggrieved party is a relevant ground for judicial discretion in quashing proceedings to serve ends of justice.
1) Railways Act, 1989 – Definition of “untoward incident” and compensation liability – Establishing bona fide passenger status is essential to claim compensation under the Act. 2) Evidence Law – Burden of proof – Absence of ticket cannot by itself disprove passenger status once a valid ticket is subsequently produced and verified by Railways authorities.
1) Labour Law – Illegal Termination – Compensation in lieu of reinstatement – A termination without fault and without due process warrants compensation which should be just and commensurate with service rendered. 2) Constitutional Law – Article 226 – Judicial review of industrial awards – Courts have the power to modify awards when compensation is found inadequate in the interest of justice.
1) Arbitration – Enforcement of Award – Stamp Duty – Deposit of adequate stamp duty on arbitral awards is mandatory for their enforceability under prevailing law and practice directions. 2) Arbitration and Conciliation Act, 1996 – Section 34 – Challenge to Award – Pending disposal of a Section 34 petition challenging an arbitral award restrains initiation or continuation of enforcement proceedings.
1) Arbitration and Conciliation Act, 1996 - Section 29A(4) and Section 29A(5) - Mandate extension of an arbitrator can be granted retrospectively to enable completion of pending tasks like pronouncement of award even after conclusion of proceedings. 2) Arbitration – Mandate extension – Once arbitral proceedings are closed but award not pronounced, court may extend arbitrator’s mandate to ensure award delivery within stipulated timeframe.
1) Civil Procedure – Withdrawal of Petition – A party seeking to withdraw a petition may be allowed to do so with liberty to initiate fresh proceedings in future, preserving their right to approach the court again. 2) Court’s Discretion – The court holds inherent discretion to permit withdrawal of petitions subject to conditions such as grant of liberty to file fresh proceedings when necessary.
1) Arbitration and Conciliation Act, 1996 – Section 29A(5) empowers the Court to extend the mandate of an arbitral tribunal for sufficient cause. 2) Arbitration – Extension of Arbitrator’s Mandate – Consent of parties combined with ongoing proceedings constitute sufficient cause for extension under Section 29A(5).
1) Negotiable Instruments Act, 1881 – Section 148 – Provides for grant of stay on execution and conditions of deposit of compensation amount during pendency of appeal – Important to balance enforcement of compensation with financial capacity of appellant. 2) Criminal Procedure – Appeal – Courts have discretion to waive deposit conditions to prevent pre-judgment hardship and ensure expeditious disposal of appeals.
1) Criminal Procedure Code – Bail – Undertaking given by accused or their counsel containing false or suppressed facts vitiates the bail order and warrants reconsideration of bail. 2) Supreme Court Directions – Fresh affidavit and Nominal Roll – Courts must ensure fresh and truthful affidavits compliant with Supreme Court directions (e.g., Zeba Khan v. State of U.P.) before deciding bail applications after cancellation.
1) Insolvency and Bankruptcy Code, 2016 – Regulation 29 of the IBBI (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 mandates the procedure for public announcement and sale of corporate assets during insolvency resolution. 2) Jurisdiction – NCLT as the exclusive forum under the Insolvency and Bankruptcy Code for adjudicating disputes and supervising assets of companies undergoing insolvency resolution.
1) Constitutional Law – Reservation and Creamy Layer – Supreme Court ruling in Surinder Singh v. Punjab State Electricity Board (AIR 2015 SC 537) establishes that only the parents’ income is relevant for creamy layer determination in reservation benefits, excluding the candidate’s own income. 2) Administrative Law – Issuance of Income and Caste Certificates – Authorities are bound by judicial precedents in issuing income-cum-caste certificates, and cannot consider the income of in-service candidates themselves while determining creamy layer status.
1) Administrative Law – Duty of Government Authorities to consider representations filed by affected parties in accordance with law and pass reasoned decisions within a reasonable time frame. 2) Education – Regulation of intake capacity by AICTE and the role of State Government in recognizing or denying effect to such sanctioned seats under the relevant education statutes and rules.
1) Protection of Children from Sexual Offences Act, 2012 – Section 2(1)(d) defines "child" as a person below 18 years and the Act overrides personal laws where inconsistent – thus sexual offences against minors under 18 are punishable notwithstanding marriage under personal law. 2) Indian Penal Code – Section 375 Exception 2 read down by Supreme Court in Independent Thought v. Union of India [(2017) 10 SCC 800] to exclude exemption for sexual intercourse with wife below 18 years, making it rape regardless of marital status for 15-18 year old minor wives.
1) Delay in filing appeal can be condoned if sufficient cause is shown.
1) Delay in filing an appeal can be condoned if sufficient cause is established demonstrating circumstances beyond the appellant’s control preventing timely filing.
1) Criminal Law – Indian Penal Code, Sections 147 and 302 – Testimony of interested and inimical witnesses requires cautious scrutiny and independent corroboration for conviction. 2) Criminal Evidence – Evidentiary value of medical opinion versus ocular evidence – In case of conflict, preference may be given to ocular testimony, but reliability of eyewitnesses must be assured.
1) Evidence – Indian Evidence Act, 1872, Section 68 – Proof of the execution of a registered Will requires examination of attesting witnesses and scribe to establish validity under the law. 2) Civil Procedure – Order 23 Rule 1 CPC & Doctrine of Res Judicata – Withdrawal of a suit without reserving liberty does not bar subsequent litigation between different parties on the same cause of action.
1) Motor Vehicles Act, 1988 – Section 147 – Liability of the insurer under a comprehensive/package policy depends on the terms and premiums paid, and may extend to occupants of the insured vehicle if covered by the policy. 2) Motor Accident Claims – Compensation – Supreme Court precedent in New Indian Assurance Co. Ltd. v. C. M. Jaya and Others (AIR 2002 SC 651) and National Insurance Co. Ltd. v. Balakrishnan (2013) – The insurer’s liability is limited to the amount of premium paid for the specific cover, and additional premium is necessary to extend liability beyond statutory minimums.
1) Criminal Law – Prevention of Corruption Act, 1988, Sections 7, 12, 13(1)(d), 19(1)(c) – Validity of sanction for prosecution requires grant by authority competent to remove the public servant from office; an invalid sanction vitiates proceedings. 2) Criminal Law – Prevention of Corruption Act, 1988, Section 20 – Presumption of demand and acceptance of bribe arises only if initial demand is proved beyond reasonable doubt.
1) Civil Law – Motor Vehicle Accident Claims – Section 166 and Section 168 of the Motor Vehicles Act, 1988 – Police investigation records including FIR and Charge Sheet are valid prima facie evidence to establish negligence, and criminal acquittals based on benefit of doubt do not preclude civil liability for compensation. 2) Civil Law – Motor Vehicle Accident Claims – Evidentiary standards – Contributory negligence cannot be inferred solely from site sketches without corroboratory ocular evidence and must be assessed on the preponderance of probabilities under the MV Act’s summary procedure.
1) Civil Law – Land Acquisition Act, 1894 – Sections 29, 30, 31 – Apportionment of Compensation – Only disputes concerning apportionment or persons entitled may be referred by the Collector to a civil court; the Collector lacks power to adjudicate title disputes. 2) Legal Services – National Legal Services Authority (Lok Adalat) Regulations, 2009 – Regulation 13(6) and 17(2) – Lok Adalat’s jurisdiction and award validity require consent and signatures of all disputing parties to be binding.
1) Criminal Law – Code of Criminal Procedure, Sections 154, 156(3), 173(8) – The Magistrate’s jurisdiction under Section 156(3) is to order investigation at the pre-cognizance stage only and does not constitute adjudication on merits, hence its rejection does not bar subsequent FIR registration if fresh incriminating material is presented. 2) Criminal Law – Doctrine of Res Judicata in Criminal Proceedings – As per binding precedent in Pritam Singh v. State of Punjab, res judicata applies in criminal matters only when there is a final adjudication on merits; rejection of a Section 156(3) application is not a final adjudication and therefore does not invoke res judicata to bar further proceedings.
1) Tax Law – Service Tax – Finance Act, 1994, Section 65(105)(zzb) – Referral charges earned by promoting loans and insurance policies constitute Business Auxiliary Services liable to service tax. 2) Tax Procedure – Finance Act, 1994, Section 73(3) – If tax liability is discharged prior to issuance of show cause notice for short payment or short levy, penalty cannot be imposed.
1) An application for amendment at the appellate stage should be considered along with the final hearing of the appeal to decide its allowance in accordance with law.
1) Contempt jurisdiction cannot be invoked for enforcement of civil rights and obligations declared through a decree or order; the appropriate remedy lies before the Civil Court.
1) Railways Act, 1989 - Section 123(c)(2) and Section 124A – Defines “untoward incident” to include accidental falling of a passenger from a train – imposes strict liability on Railway Administration to pay compensation irrespective of fault, subject to specified exceptions. 2) Railway Claims Procedure – Burden of Proof – Initial burden lies on claimant to show deceased was a bona fide passenger which, once discharged, shifts to railway to disprove; absence of ticket alone does not negate claim if corroborative evidence exists.