⦿
1) Service Law – Regularization – SRO 64 of 1994, Rule 4(c) – Empowers the competent Administrative Department to consider and grant relaxation of age and educational qualifications for regularization of Daily Rated Workers. 2) Constitutional Law – Article 14, 15, 16 – Principles of equality and non-discrimination apply to employment regularization claims; the Supreme Court in Jaggo v. Union of India clarified that Uma Devi judgment should not be misapplied to deny legitimate regularization claims of long-serving temporary employees.
1) Service Law – Jammu and Kashmir Civil Services (Special Provisions) Act, 2010 – Section 5 prescribes conditions for regularisation of ad hoc, contractual, or consolidated appointees fulfilling specific eligibility criteria including continuous service and qualification. 2) Constitutional Law – Interpretation of repeal under the J&K Reorganisation (Adaptation of State Laws) Order, 2020 – Clause 6(b) protects accrued rights, privileges, and obligations under repealed laws from being extinguished by the repeal.
1) Criminal Law – Evidence – Doctrine of Circumstantial Evidence – The prosecution must establish a complete and unbroken chain of incriminating circumstances consistent only with the guilt of the accused to warrant conviction. 2) Criminal Law – Appeal Against Acquittal – In case of acquittal, the appellate court must not disturb the trial court's findings if two reasonable views are possible, giving the benefit of doubt to the accused as per the presumption of innocence under criminal jurisprudence.
1) Contract Law – Sale and Purchase – The buyer purchasing material through an open e-auction with knowledge of product specifications cannot later challenge the quality to justify failure in performance of contractual obligations. 2) Administrative Law – Rehabilitation Policy – Rehabilitation and resettlement policies are applicable only to project-affected persons and cannot be extended to entities or individuals who do not fall within that category.
1) Criminal Law – Ranbir Penal Code, Sections 364, 302, 201 – Principles of Circumstantial Evidence – The prosecution must establish a complete and unbroken chain of circumstances excluding every possible hypothesis of innocence to sustain conviction based on circumstantial evidence. 2) Evidence Act, Section 106 – Burden of Proof – Section 106 does not shift the burden of proof but may supplement an already established chain of circumstances; failure to disprove the accused’s explanation is fatal to prosecution's case.
1) Criminal Law – Ranbir Penal Code (RPC), Sections 302, 364, 201 – Principles of Circumstantial Evidence – The chain of circumstances must be complete and exclude every hypothesis except guilt to uphold conviction. 2) Evidence Law – Indian Evidence Act, Section 106 – Burden of Proof – Section 106 aids in proving a fact by shifting burden only when a complete chain of evidence beyond reasonable doubt is established and does not shift ultimate burden of proof.
1) Constitutional Law – Article 16(1) and (2) – Prohibition of discrimination in State employment on grounds including place of birth and residence – Such restrictions can only be imposed by law made by Parliament – Executive or quasi-judicial authorities cannot impose residence restrictions for State employment posts. 2) Administrative Law – Estoppel – Participation in selection process – Participation does not bar challenge to selection criteria or procedure if it suffers from gross illegality or violates constitutional provisions.
1) SARFAESI Act, 2002 – Section 13(8) – Right of Redemption – The borrower’s right to redeem the secured asset is extinguished on the date of publication of the notice for public auction under Rule 9(1) of the Security Interest Enforcement Rules, which corresponds to the expiry of 30 days from the valid issuance, service, or publication of the notice of sale. 2) Security Interest Enforcement Rules, 2002 – Rule 8 and Rule 9 – Notice of Sale – The “notice of sale” is a composite notice that includes all forms of service, publication, affixation, and uploading as required; the 30-day notice period for the borrower’s redemption right is calculated from the last of these acts.
1) Service Law – Premature/Compulsory Retirement – Article 226(2) of the Jammu & Kashmir Civil Services Regulations empowers the Government to retire a Government servant in public interest, subject to consideration of cogent material including entire service record and not merely involvement in criminal proceedings. 2) Administrative Law – Judicial Review – Orders of compulsory retirement by government authorities are subject to limited judicial review and can be quashed only if mala fide, arbitrary, or based on no evidence or extraneous considerations, especially when relevant material is ignored.
1) SARFAESI Act – Section 13(2) and Section 13(4) – Provisions mandate issuance and service of notice to the borrower before taking possession or initiating asset recovery; proper service of notice is a condition precedent to exercise of powers under the Act. 2) Procedural Law – Service of Notice – Actual receipt or due service, including publication of notice, suffices to constitute valid service under statutory provisions governing recovery actions.
1) Civil Law – Public Liability – Compensation – The liability to compensate under Public Works construction projects arises when damage to private property occurs due to construction activities, notwithstanding natural factors, where the damage is quantifiable and linked to the project. 2) Administrative Law – Authorities’ Powers – Committee constituted under administrative order to assess percentage of damage is limited to quantification rather than determination of cause; approval for compensation by competent authority precludes denial of claim based on secondary reports exceeding committee’s mandate.
1) Service Law – Jammu & Kashmir Housing Board Act, 1976, Section 41 – Empowers competent authority to recover rent or damages as arrears of land revenue but is confined to arrears related to Board premises and unauthorized occupation, not applicable for recovery from retired officials for procedural lapses. 2) Service Law – Jammu & Kashmir Civil Service Regulations, 1956, Regulations 168-A & 168-AA – Provide for recovery from government servants for losses caused by negligence or fraud, subject to departmental or judicial proceedings and senior authority sanction before retirement; such provisions cannot be invoked for double punishment or where disciplinary proceedings have attained finality.
1) Property Law – Allotment and Cancellation – Government orders pertaining to land allotment in lieu of acquired land cannot be revoked arbitrarily without cogent legal basis and opportunity of hearing, especially when possession has been delivered. 2) Administrative Law – Principles of Natural Justice – Cancellation of rights must be preceded by due process including notice and hearing; mere violation of terms such as unauthorized construction does not justify cancellation of allotment if statutory provisions for remedy exist.
1) Arbitration Law – J&K Arbitration and Conciliation Act, 1997 – Sections 11(6), 14(1)(b) and 15(1)(b) – provide for termination of an arbitrator’s mandate upon withdrawal and empower the Court to appoint a substitute Arbitrator if the appointing authority fails to do so. 2) Arbitration Law – General Conditions of Contract, Clause 64 – establishes the procedure for appointment and substitution of sole Arbitrator and requires adherence to the same procedure for replacement if the mandate is terminated.
1) Criminal Law – Prevention of Corruption Act, Sections 5(1)(e) & 5(2) – The offence of possession of disproportionate assets by a public servant requires a cogent inquiry and investigation before trial is conducted; mere possession of assets without satisfactory explanation constitutes criminal misconduct. 2) Criminal Procedure – Section 482 Cr.P.C. – The inherent jurisdiction of the Court to quash FIRs and criminal proceedings must be sparingly exercised, particularly in corruption cases, and only where allegations are patently false, frivolous, or mala fide, not to stifle legitimate investigation.
1) Constitutional Law – Right to Privacy and Personal Liberty – Article 21 of the Constitution – Individuals of majority age have the right to marry according to their choice without legal impediment. 2) Service Law – Police Duties – Police authorities are obliged to provide protection to individuals who seek security for their life and liberty post-marriage if there is apprehension of harm or harassment.
1) Constitutional Law – Article 300A – Right to Property – A claim over State land requires valid allotment or revenue record; mere possession without documentation does not confer proprietary rights. 2) Administrative Law – Due Process – Actions such as sealing of structures on disputed land must be preceded by issuance of proper notice and opportunity of hearing before authorities under State land regulations.
1) Preventive Detention Law – Jammu & Kashmir Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988, Section 3 mandates that the detaining authority must apply its mind based on relevant grounds before ordering detention. 2) Constitutional Law – Article 22(5) of the Constitution of India provides a detainee the right to make an effective representation by furnishing all material on which the detention order is based.
1) Criminal Law – Indian Penal Code, Section 304-II – The absence of a minimum sentence prescribes judicial discretion to consider mitigating factors such as delay and the offender’s age in sentencing. 2) Criminal Law – Right to Speedy Trial – Article 21 of the Constitution of India guarantees the right to a speedy trial and appellate process; undue delay warrants consideration of leniency in sentencing.
1) Criminal Law – Bombay Nasha Niyantran Samiti Act, 2023 – Section 483 – Bail – Bail can be granted considering factors such as nature of offence, antecedents of the accused, and likelihood of trial delay. 2) Excise Law – M.P. Excise Act, Section 34(2) – Possession of liquor without license constitutes a cognizable offence triable by JMFC, for which bail is not barred but depends on case facts.
1) Constitutional Law – Article 226 – Principles of Natural Justice – The right to be heard is an essential requirement before administrative orders affecting service conditions are passed. 2) Service Law – Administrative Orders – Representation and Review – An aggrieved government employee has the right to have their representation considered and decided by the competent authority within a reasonable period.
1) Constitutional Law – Article 226 – Writ jurisdiction – The High Court’s writ jurisdiction under Article 226 is discretionary and may be declined when an alternative efficacious remedy, such as before the DRT under the SARFAESI Act, is available and pending. 2) SARFAESI Act, 2002 – Section 14 – Possession orders – Orders passed by competent authorities under Section 14 for possession can be challenged before the Debts Recovery Tribunal, which has exclusive jurisdiction over such matters.
1) Criminal Law – Bharatiya Nyaya Sanhita, 2023 – Sections 304(2) and 317(2) – Bail Principle – Bail is the rule and jail custody is an exception; personal liberty under Article 21 of the Constitution cannot be curtailed without just cause. 2) Constitutional Law – Article 21 – Right to Personal Liberty – Detention during investigation is not punishment but to ensure attendance; refusal of bail restricts fundamental rights and must be justified.
1) Criminal Law – Bharatiya Sakshya Adhiniyam, 2023, Sec 23(1) – Confessional statements before police are inadmissible as evidence and cannot solely implicate accused for conviction. 2) Constitutional Law – Article 21 of the Constitution of India – Bail is the rule and jail committal is the exception; refusal of bail restricts personal liberty and must be justified by reasonable grounds.
1) Criminal Law – Bail – Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 – The bail discretion must be exercised judiciously considering nature of offense, likelihood of tampering with evidence or witnesses, and overall interest of justice. 2) Constitutional Law – Article 21 – Personal liberty – Bail is a rule and jail is an exception; deprivation of liberty before conviction must be justified by necessity to secure trial or prevent obstruction of justice.
1) Criminal Law – Prevention of Corruption Act, 1988, Section 17-A – Prosecution Sanction – The sanction for prosecution under the PC Act is required and having been obtained is a relevant factor in bail considerations. 2) Criminal Law – Bail – Principles of Granting Bail – Discretionary exercise of bail should be balanced between personal liberty and societal interest; factors include nature of offence, evidence, risk of tampering, and conduct of accused as elucidated in precedents such as State of Rajasthan vs. Balchand and Gur Bakash Singh Sibbia vs. State of Punjab.
1) Criminal Law – NDPS Act, Sections 8, 21, 22, 29 and Section 37 – Bail – Intermediate quantity of contraband – Section 37 applies rigors only to commercial quantity; for intermediate quantity, general bail provisions under Cr.P.C. or BNSS apply. 2) Criminal Law – Bail – Consideration of likelihood of re-offending and previous criminal conduct – Bail may be denied if there is credible material suggesting habitual offending and concealment of prior offences affecting society’s interest.
1) Criminal Law – Section 482 of Criminal Procedure Code (in context analogous to Section 528 of BNSS) – High Court’s inherent power to quash criminal proceedings when parties have entered into a bona fide compromise and the offence is of private or personal nature, particularly to prevent abuse of process of law. 2) Criminal Law – Offences under Section 115(2), 191(2), 351(2) and 310(2) of BNSS – When offences arise out of civil disputes settled amicably between parties, criminal proceedings may be quashed to uphold the compromise and avoid futile litigation.
1) Service Law – Appointment – Advertisement Notifications for contractual posts valid only for the specified financial year and lapse automatically on expiry of that period, thereby necessitating fresh advertisements for subsequent years. 2) Administrative Law – Selection Process – If the selection process under an Advertisement Notice is not concluded within its validity period (financial year), the process lapses and there is no requirement for explicit cancellation or withdrawal of the advertisement before issuing a new one.
1) Service Law – Jammu & Kashmir Civil Services (Higher Standard) Pay Scale Scheme Rules, 1996 (SRO 14 of 1996) – Upgradation and Promotion – Re-designation of post does not constitute functional promotion; entitlement to in-situ promotions arises if no functional promotion is availed. 2) Service Law – Principles of Natural Justice – Requirement of opportunity of hearing before passing an order adversely affecting service and monetary benefits – Failure to afford hearing renders the order unsustainable.
1) Service Law – Recruitment – Experience Requirement – As per the judgment in Sheshrao Jangluji Bagda vs. Bhaiyya (1991 Supp (1) SCC 367), experience, unless otherwise indicated, must be after acquiring the minimum prescribed qualification, establishing the principle that experience must have nexus with the qualification prescribed. 2) Service Law – Recruitment – Distinction in Experience – Experience directly linked to educational/professional qualifications must be gained post-acquisition of such qualifications; standalone experience requirements, unlinked to qualification, are to be treated separately, as held in the Coordinate Bench’s judgment in Insha Sami Baba’s case (2022 SCC Online J&K 357).
1) Constitutional Law – Writ Jurisdiction under Article 226 – Judicial review is permissible against persons or bodies discharging public duties or public functions involving public law elements affecting collective public benefit. 2) Constitutional Law – Writ Jurisdiction – Private disputes lacking public law element, even involving private associations or clubs, are not maintainable under writ jurisdiction as they concern purely private rights without statutory or public authority involvement.
1) Criminal Law – Section 498-A IPC & Dowry Prohibition Act, 1961 – The provisions aim to protect women from cruelty and dowry-related harassment but are susceptible to misuse in matrimonial disputes and require careful judicial scrutiny to prevent abuse of legal process. 2) Criminal Procedure – Section 482 CrPC – High Court’s inherent power to quash criminal proceedings is exercisable to prevent abuse of process of law or malicious prosecution, even after investigation and readiness of charge-sheet, when allegations are prima facie false or motivated by mala fide intentions.
1) Arbitration Law – Arbitration and Conciliation Act, 1996 – Section 11(6), Section 34, Section 37 – Jurisdiction of Court at Pre-Award and Post-Award Stage – Court can refuse or allow a fresh reference to arbitration depending on whether disputes have been finally resolved or remain unresolved after setting aside the arbitral award. 2) Arbitration Law – Doctrine of Finality and Deadwood Claims – Where an arbitral tribunal and court have decided claims on merits and no appeal is filed, claims become deadwood, barring a second arbitration reference; but if only the award is set aside without merit findings, fresh arbitration is maintainable.
1) Criminal Law – POCSO Act, Sections 29 and 30 – Establishes a statutory presumption of guilt and culpable mental state against the accused, which is rebuttable, and an accused can challenge this presumption during trial. 2) Criminal Law – Bail – Principles for grant or refusal of bail include gravity of offence, likelihood of tampering with evidence, stage of trial, prima facie satisfaction with charge, and health or age of accused, especially when allegations are doubtful.
1) Criminal Law – Code of Criminal Procedure, Section 437(1) proviso – Bail – Long incarceration without trial conclusion affecting fundamental right to speedy trial justifies grant of bail in heinous offences if delay is attributable to prosecution. 2) Criminal Law – Right to Speedy Trial – Supreme Court precedents (Hussainara Khatoon, Ashim Bhattacharya, etc.) establish that undue delay causing oppression or harassment entitles an accused to bail notwithstanding severity of offence.
1) Criminal Law – Indian Penal Code, Sec 376-D & 67 IT Act – The burden on prosecution to prove sexual assault and electronic transmission of obscene material requires credible evidence and authentication of electronic devices and contents. 2) Criminal Procedure – Section 362 CrPC – The trial court’s power to acquit accused on truncation of prosecution evidence is justified when further evidence is unlikely to establish guilt beyond reasonable doubt.
1) Service Law – Absorption of Employees and Continuity of Service – The principle that service rendered by employees of a wound-up institution must be counted towards total period of service for grant of service benefits when such employees are absorbed into government departments, ensures continuity of service and protection of employment rights. 2) Constitutional Law – Equality and Non-Discrimination (Article 14) – Employees similarly situated are entitled to equal treatment and benefits; denial of arrears and service benefits to some employees absorbed from CONFED, while others have received the same, constitutes discrimination violative of Article 14 of the Constitution.
1) Constitutional Law – Article 22(5) of Constitution of India and Section 13 of the J&K Public Safety Act, 1978 – Preventive Detention – Requirement of application of mind by detaining authority and necessity of fresh grounds for subsequent detention orders when earlier detention has been quashed. 2) Constitutional Law – Preventive Detention – Doctrine requiring proximate and live link between the detenu’s alleged prejudicial activities and the grounds of detention to establish necessity of detention at the time order is passed.
1) Constitutional Law – Preventive Detention – Article 22(5) of the Constitution of India and the statutory scheme governing preventive detention mandate a live and proximate link between the detenu’s past activities and the necessity of detention for maintenance of public order or security of the State, requiring that detention orders not be based on stale incidents. 2) Administrative Law – Grounds of Detention – The detaining authority must apply its own mind and formulate grounds of detention independently rather than verbatim reproduction of police dossiers; failure to do so amounts to non-application of mind and vitiates the detention order.
1) Service Law – Recruitment and Appointment – Mere selection or shortlisting of candidates does not confer a vested right to appointment; the employer has discretion to abandon recruitment process bona fide and for valid reasons (Shankarsan Dash v. Union of India, 1991 SCC 3 47). 2) Service Law – Recruitment – If vacancies remain and a selection panel exists, the appointing authority must provide justifiable reasons for not appointing selected candidates and cannot reject appointments arbitrarily (R S Mittal v. Union of India, 1995 Supp. 2 SCC 230; Dinesh Kumar Kashyap v. South East Central Railway, 2019 SCC 798).
1) Domestic Violence Act, 2010 – Section 12 – The maintenance and protection orders under Section 12 can be sought only if a domestic relationship exists between the parties as defined under the Act. 2) Procedure – Quashing of proceedings – A disputed question of fact, such as existence of domestic relationship, cannot be adjudicated in a petition under Section 561-A Cr.P.C. but requires trial and evidence.
1) Criminal Law – Negotiable Instruments Act, Section 138 and Section 143-A – Provisions relating to interim compensation and the procedure for its recovery including arrest and bail. 2) Criminal Procedure – Bail and surety bonds – A surety’s undertaking to deposit the bond amount if the accused absconds is valid and enforceable as part of the bail conditions.
1) Criminal Law – Negotiable Instruments Act, Section 138 – Compromise – Upon compromise in a complaint under Section 138, the trial court should dispose of the complaint as per terms of compromise rather than monitoring its adherence, which amounts to acting as an executing court. 2) Criminal Procedure Code – Section 421 – Execution of Orders – If a party fails to adhere to a compromise, the aggrieved party should be granted liberty to file an execution petition under Section 421 Cr.PC for enforcement, rather than the trial Magistrate directly enforcing payment terms.
1) Civil Procedure Code – Order 47 Rule 1 – Review Jurisdiction – The scope of review is limited to correcting a mistake apparent on the face of the record or discovery of new evidence and does not allow re-hearing or substitution of an erroneous view. 2) Civil Procedure Code – Review Petition – Distinction between appellate power and review power – Review petition cannot be used as an appeal in disguise and only prevents miscarriage of justice or corrects grave errors.
1) Constitutional Law – Article 22(5) of the Constitution of India – Guarantees the right of a detenue to make an effective representation against detention, which requires the supply of the grounds of detention and the material relied upon by the detaining authority. 2) Preventive Detention Law – Requirement to provide the detenue with not just the grounds of detention but also supporting documents such as FIR, witness statements, and investigative material to avoid arbitrary detention.
1) Criminal Law – Code of Criminal Procedure, Section relating to FIR and Investigation – The scope of judicial review in quashing an FIR is limited and disputed questions of fact requiring investigation cannot be adjudicated at the quashing stage. 2) Criminal Law – Offences under BNS and Arms Act – Proper investigation must be conducted in accordance with law including consideration of medical evidence pertaining to injuries sustained by parties involved.
1) Administrative Law – Duty to Consider Representation – The authorities have a legal obligation to consider representations submitted by individuals and pass appropriate orders in accordance with law. 2) Education Law – Examination Eligibility – Students who have duly paid fees and completed requisite qualifications are entitled to be permitted to appear for scheduled university examinations.
1) Service Law – Suspension – Rule 10 of Karnataka Civil Services (Classification, Conduct and Appeal) Rules, 1957 – The authority competent to suspend must ascertain prima facie evidence to support charges before placing a government servant under suspension. 2) Administrative Law – Natural Justice – Requirement of issuing show cause notice and providing opportunity to explain before suspension or disciplinary action can be considered valid.
1) Criminal Law – Code of Criminal Procedure, 1973 – Section 320 – Compounding of Offences – Allows parties to compound certain offences to avoid further litigation, reflecting the court’s discretion to quash proceedings when a lawful settlement is achieved. 2) Criminal Law – Indian Penal Code, Sections 498A, 323, 324, 504, 506, 109, 34 – Offences relating to domestic violence and criminal intimidation – Cases involving these sections can be compoundable subject to the consent of parties and court’s satisfaction of a genuine settlement.
1) Criminal Law – Bharatiya Nagarik Suraksha Sanhita, 2023, Section 187(3) – Statutory Bail – Provides entitlement to bail if the charge sheet is not filed within 60 days from remand to judicial custody in cases where maximum punishment may extend to 10 years. 2) Criminal Procedure – Narcotics Drugs and Psychotropic Substances Act, 1985 – Sections 21 and 22(b) – Offense and punishment provisions – Import and export of controlled substances attract imprisonment extending up to 10 years, triggering application of statutory bail provisions under BNSS, 2023 when procedural timelines are not met.
1) Criminal Law – Bail – Sections 7 & 8 of Protection of Children from Sexual Offences (POCSO) Act – Bail is not automatically barred but is subject to consideration of facts and circumstances of the case including period of incarceration and antecedents of the accused. 2) Criminal Law – Indian Penal Code (BNS provisions) – Section 351(2) and related provisions require careful evaluation of the threat and intimidation elements for bail determinations.
1) Criminal Law – NDPS Act, 1985 – Sections 8(c), 20(b)(ii)(B), 25, 29(1) – Bail – Grant of bail in NDPS cases depends on quantity of contraband, nature of offence, pendency of investigation, and antecedents of the accused. 2) Criminal Law – Bail – Principles – Bail may be granted if quantity of seized narcotics is less than commercial quantity, no similar criminal antecedents exist, and there is no likelihood of the accused tampering with evidence or absconding.
1) Criminal Law – POCSO Act, 2012 – Section 5(1) r/w. 6 – Bail – Even in grave offences under POCSO, bail can be considered if conditions ensuring non-interference with trial and public safety are imposed. 2) Criminal Procedure – Non-Bailable Warrants and Bail – Grant of bail after execution of NBW is discretionary and depends on factors like nature of offence, period of incarceration, likelihood of absconding, and trial progress.
1) Criminal Law – Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 – Section 14(A)(2) – Bail – Bail can be granted considering the facts of the case, especially when custodial interrogation is not necessary and the accused has no criminal antecedents. 2) Criminal Procedure – Bail – Considerations for bail include the nature of allegations, severity of injuries, likelihood of tampering evidence, and the accused’s ties to the community to prevent absconsion.
1) Criminal Law – Bail – Section 483 of BNSS – Bail is to be granted considering the nature of offence, stage of investigation, and likelihood of tampering with evidence or absconding. 2) Criminal Procedure – Conditions of Bail – Bail may be conditioned upon personal bond, surety, cooperation with investigation, non-interference with witnesses, and restrictions on travel to prevent abuse of bail privilege.
1) Criminal Law – Bharatiya Nagarik Suraksha Sanhita, 2023 – Section 483 – Bail – The provision allows for grant of bail considering factors such as the nature and gravity of offence, likelihood of tampering with evidence, and antecedents of the accused. 2) Criminal Law – Arms Act, Relevant Sections – Bail considerations – The possession of arms-related offences generally attract stringent bail scrutiny but are not absolute bars to bail where facts weigh in favor of the accused.
1) Civil Law – Property – Transfer of Property Act, Section 54 – Registered Sale Deed – Effect of unchallenged registered sale deed and possession thereunder as prima facie evidence of title and possession for injunction purposes. 2) Civil Law – Injunction – Principles governing interlocutory injunctions – Appellate Court’s power to interfere with trial court’s discretion only when exercised arbitrarily or perversely and not merely on different appreciation of evidence.
1) Service Law – Banking Regulation Act, 1949, and RBI Master Directions on Fraud Risk Management (2016 & 2024) – External Auditor appointment requires conformity with statutory provisions such as Sections 141(1), 141(2) and 145 of the Companies Act, 2013, mandating qualification as Chartered Accountant for audit and signing of audit reports. 2) Constitutional Law – Principles of Natural Justice (audi alteram partem) – In administrative proceedings involving grave consequences like fraud classification, banks must provide detailed Show Cause Notices based on admissible evidence and allow adequate opportunity for the borrower to present their case.
1) Co-operative Societies Law – Maharashtra Co-operative Societies Act, 1960, Section 28 – Restriction on holding shares by members does not apply to housing societies after enactment of Chapter XIII-B, as per Section 154B(2) excluding Section 28 in its application to housing societies, thereby affecting the conferment of membership. 2) Contract Law – Indian Contract Act, 1872, Section 23 – Contracts opposed to public policy require clear legal prohibition; mere transfer of property (sale deeds) without share allotment is not against public policy under Section 28 restrictions.
1) Registration of Births and Deaths Act, 1969 – Section 15 – Empowers authorities to make corrections in the register of births and deaths upon lawful application, permitting amendments in name and other particulars. 2) Municipal Corporation Act, 1980 (Kolkata Municipal Corporation Act) – Sections 454 and 455 – Provide for correction of entries in municipal records, including birth certificates, supporting the alteration of names when justified by circumstances.
1) Financial Regulation – NBFC Classification – Reserve Bank of India Act, 1934, Section 45-I(f) and National Housing Bank Act, 1987, Section 29A – RBI notifications and Master Directions include Housing Finance Companies within NBFC category for regulatory and legal purposes, impacting their rights and obligations under financial statutes. 2) SARFAESI Act, 2002 – Section 13(2) and Central Government Notifications dated February 24, 2020, and February 12, 2021 – Notifications set a threshold security debt amount (Rs. 20 lakhs) for NBFCs to invoke SARFAESI Act remedies; a Housing Finance Company classified as NBFC thus must comply with this threshold.
1) Criminal Law – Indian Penal Code, Section 376 – Rape – Penetration is sine qua non for an offence under Section 376, and presence of smegma on the accused's penis negates recent penetration, thereby affecting the legitimacy of conviction under rape provisions. 2) Criminal Law – Protection of Children from Sexual Offences (POCSO) Act, Sections 6, 8, 9, 10 – Distinction between offences under Sections 6 and 9 POCSO based on the nature of sexual assault; medical evidence and victim testimony guide appropriate charge and conviction under the POCSO Act.
1) Administrative Law – Principles of Natural Justice – The right to be heard (audi alteram partem) requires that before any adverse action is taken, the affected party must be given notice and an opportunity to respond. 2) Service Law – Procedural Fairness – Disciplinary or punitive orders passed without following due process, including associating the affected party during inspection and issuing Show Cause Notices, are liable to be set aside.
1) Forest Law – Himachal Pradesh River Rules, 1971 – Rule 16 – Confers power on Divisional Forest Officer only to cancel permission or registration but does not empower suspension of licence. 2) Administrative Law – Exercise of Power – Suspension of licence without statutory authority is arbitrary and without jurisdiction.
1) Jammu and Kashmir Public Safety Act, 1978 – Section 8 – Preventive Detention – Requirement of subjective satisfaction by detaining authority prior to detention – Courts’ limited role in judicial review over sufficiency and reasonableness of such satisfaction. 2) Jammu and Kashmir Public Safety Act, 1978 – Section 10A – Validity of detention order – Detention order not vitiated if one ground fails but other grounds justify detention.
1) Service Law – Disability Pension – Guide to Medical Officers Military Pensions (GMO), 2008, Para 43 – Primary Hypertension – establishes criteria for attributability and aggravation of hypertension occurring during military service especially in Field, HAA, CIOPS, or prolonged afloat service. 2) Service Law – Disability Pension – Principles from Dharamvir Singh v. Union of India (2013) and Union of India v. Ram Avtar (2014) – the burden of proof lies on the employer to show the disability is not attributable to or aggravated by service with cogent medical evidence; benefit of doubt goes to the service member.
1) Criminal Law – Ranbir Penal Code, Section 304 Part-I and Section 34 – The prosecution must prove beyond reasonable doubt the specific role and common intention of each accused for conviction under these provisions; mere presence in an unlawful assembly is insufficient for criminal liability. 2) Criminal Law – Appreciation of Evidence – In cases with contradictory and inconsistent eyewitness and medico-legal evidence, the benefit of doubt must accrue to the accused, especially when material discrepancies impact the core facts such as place, time, and weapon used.
1) Criminal Law – Ranbir Penal Code, Sec 364 – The offence of kidnapping for ransom or to hand over a person to another for causing death requires strict proof of intention and participation beyond mere last seen together evidence. 2) Evidence Act, Sec 106 – The burden of proving additional facts lies on the accused only when the prosecution establishes incriminating facts beyond reasonable doubt; mere failure of accused to explain facts does not shift the burden if foundational elements of the offence are not proved.
1) Service Law – Limitation and Review – A review petition must be filed within the prescribed period unless sufficient cause is demonstrated for delay; unexplained delay for several years without adequate justification disentitles petitioner from condonation. 2) Administrative Law – Right to Information Act, 2005 – Information obtained under RTI cannot be a ground for condonation of an inordinate delay in filing review if original rights could have been exercised without such delay; mere non-receipt or non-availability of documents does not justify extreme delay.
1) Service Law – Police Rules, Rule 359 – Procedure in Departmental Enquiries – Mandates strict adherence to inquiry steps including recording evidence, cross-examination, framing of charges, and show-cause notice before imposing penalties such as dismissal. 2) Service Law – Police Act, 1983, Section 4 and Police Rules, Rules 335, 336, 337 – Defines competence of officers to conduct inquiry and impose major penalties; Assistant Superintendent of Police included within "Superintendent of Police" competent to dismiss constables.
1) Insurance Law – Jewellers Comprehensive Protection Policy – Clause 11(c) of General Exclusions excludes loss or damage caused by theft committed by a customer in respect of property entrusted to them by the insured. 2) Criminal Law – Indian Penal Code, Section 378 and 405 – Definition of theft and criminal breach of trust is relevant to determine if the loss involved entrustment followed by misappropriation by the customer.
1) Constitutional Law – Writ Jurisdiction under Article 226 of the Constitution of India – The existence of disputed questions of fact does not automatically oust the High Court's jurisdiction to grant relief if facts are not complex and can be decided on the record; the writ court can inquire and record findings in the interest of justice. 2) Compensation Law – Negligence and Compensation – Principles settled in Supreme Court precedents such as UP State Cooperative Land Development Bank Ltd. vs. Chandra Bhan Debey and National Insurance Co. Ltd. vs. Pranay Sethi are applicable for determining liability and quantum of compensation for death caused by negligence.
1) Administrative Law – Writ Jurisdiction – A writ petition under Article 226 of the Constitution is not maintainable when the dispute involves pure contractual or factual questions, which require elaborate evidence and trial best suited for civil courts. 2) Service Law – Selection Procedures – Failure to comply with stipulated conditions in an advertisement for dealership allotment, such as submission of suitable land details, can validly result in rejection of candidature; such rejection involves determination of disputed facts beyond writ court's scope.
1) Constitutional Law – Article 226 – Writ Jurisdiction – Doctrine of Delay and Laches – The discretionary jurisdiction under Article 226 should be exercised with caution, and petitions barred by unexplained and inordinate delay are liable to be dismissed as equity does not aid those who sleep over their rights. 2) Service Law – Armed Forces Pension – Disability Pension – Benefit of Rounding Off – Such benefits can only be granted retrospectively for a limited period (three years from the date of filing), and delayed claims beyond this period do not entitle to retrospective benefits.
1) Criminal Law – SC/ST (POA) Act, 1989, Section 14A(2) – The appellate jurisdiction and limitation for appeals against bail orders under the Act is exclusive and overrides general provisions of Cr.P.C., but the Court granting bail under this Section retains inherent power to recall/cancel bail in a fit case. 2) Criminal Procedure – Code of Criminal Procedure, 1973, Section 437(3) – Conditions imposing restrictions on accused released on bail include prohibition on committing similar offences, threatening witnesses, or tampering with evidence; violation of these conditions justifies cancellation of bail.
1) Criminal Law – Negotiable Instruments Act, 1881, Section 138 – Dishonor of cheque – The provisions apply irrespective of the underlying civil dispute, making issuance and dishonor of cheque a criminal offense. 2) Criminal Procedure Code, 1973 (Cr.P.C.) – Section 357(3) and Section 421 – Compensation awarded under Section 357(3) is recoverable like a fine and imprisonment can be imposed for default in payment subject to modification of sentence considering civil nature of underlying transaction.
1) Juvenile Justice (Care and Protection of Children) Act, 2015 – Section 94(2) – Prescribes the nature of documents to be considered for determining age in juvenility claims, distinguishing between documents under clause (i) and clause (ii) and requiring cogent proof for admission records. 2) Juvenile Justice (Care and Protection of Children) Act, 2015 – Section 2(12) – Defines the age limit of 18 years for juvenility, critical to decide if the accused qualifies as a juvenile or adult for criminal liability.
1) Criminal Law – Code of Criminal Procedure, Section 482 – Inherent Powers – The Court’s discretionary power to entertain or dismiss anticipatory bail applications and to permit withdrawal thereof. 2) Criminal Law – Arrest Procedures – Supreme Court guidelines in Arnesh Kumar v. State of Bihar and Satender Kumar Antil v. CBI mandate strict compliance by Investigating Agencies and Trial Courts to prevent unlawful arrests and ensure safeguards.
1) Civil Law – M.P. Accommodation Control Act, Section 12(1)(f) – Bona fide need of landlord for eviction requires real and genuine need for specified premises; landlord’s decision on which property to vacate is final and tenant cannot dictate terms. 2) Civil Law – Tenancy – Tenant’s refusal to accept alternate accommodation does not invalidate landlord’s bona fide need or eviction suit for the originally demanded premises.
1) Service Law – Recruitment – Clause-3 of the Advertisement and Clause 2(c) of revised guidelines dated 15.03.2023 - Mandate for submission of educational qualification documents along with application – but allowance for rectification within stipulated time period. 2) Service Law – Eligibility and Merit – Diploma in Civil Engineering recognized as equivalent to 12th Standard – Marks secured in equivalent qualification valid basis for merit list and selection – Non-submission of pass certificate cannot nullify otherwise meritorious candidature.
1) Administrative Law – Duty to Act – The authority or Court receiving an application must register and dispose of it according to law and cannot retain or sit over it without action (Sunil Kumar Yadav vs. District Magistrate, 2025 (3) Civ.C.C. (Allh.) 159). 2) Service Law – Mandamus – A writ of Mandamus can be issued to compel a public authority to perform its statutory duty when it unjustifiably refuses to act.
1) Constitutional Law – Indian Succession Act, 1925, Section 57 – Probate of Wills – Probate of Wills executed in districts formerly under ex-princely States such as Rayagada is not mandatory for mutation proceedings by revenue authorities. 2) Civil Procedure – Mutation Proceedings – Revenue authorities including Tahasildars have jurisdiction to entertain mutation cases on the basis of unprobated Wills in such districts but must refer disputed genuineness or title issues to civil courts.
1) Service Law – Departmental Inquiry – Rule 14 of Bihar Government Servants (Classification, Control & Appeal) Rules, 2005 – A departmental inquiry is a quasi-judicial proceeding requiring proof of charges by examination of witnesses and evidence beyond suspicion or surmises. 2) Service Law – Burden of Proof – An inquiry report based on conjecture without any evidentiary material or properly proved documents cannot sustain disciplinary action.
1) Excise Law – Bihar Prohibition and Excise Rules, 2021 (as amended) – Rule 12A – Provides for release of vehicles found transporting liquor on payment of penalty, subject to considerations of public interest. 2) Administrative Law – Exercise of Discretion – Authorities must consider multiple factors including repetition of offence and owner’s involvement before refusing release of vehicles under excise laws; refusal solely based on quantity of liquor transported is impermissible.
1) Recovery of Debts Due to Banks and Financial Institutions Act, 1993 – Section 2(g) – Definition of "debt" – Security deposit in a landlord-tenant relationship does not qualify as a "debt" under the Act as it is not a banking transaction or liability recoverable by a bank in the course of its business. 2) Recovery of Debts Due to Banks and Financial Institutions Act, 1993 – Section 17 – Jurisdiction of Debt Recovery Tribunal – The Tribunal lacks jurisdiction to entertain recovery applications concerning amounts not constituting "debt" under Section 2(g), such as security deposits arising from lease agreements.
1) Criminal Law – Code of Criminal Procedure, 1973 – Section 125 – Interim Maintenance – The provision mandates maintenance to wife and minor child to prevent destitution and ensure basic sustenance during pendency of proceedings, even at interlocutory stage without final adjudication on disputed facts. 2) Criminal Law – Code of Criminal Procedure, 1973 – Section 125(4) – Voluntary Desertion – Where wife voluntarily leaves matrimonial home without sufficient cause, maintenance claim may be disallowed; however, such fact requires evidence and cannot be conclusively determined at interlocutory stage.
1) Criminal Law – Narcotic Drugs and Psychotropic Substances Act, 1985, Section 29 – Bail – Bail can be granted based on the absence of conclusive evidence against the accused apart from statements of co-accused, especially considering the period of custody and domicile of the accused. 2) Criminal Law – Bail Principles – Factors such as false implication, lack of prior convictions, permanence of residence, and duration in custody are relevant considerations in bail applications.
1) Criminal Law – Indian Penal Code, Sections 376, 313, 417 – Consent and Misconception of Fact – Consent to sexual intercourse induced by a false promise of marriage is vitiated only if the promise was made with an intention to deceive from the very beginning as per Section 90 IPC; mere breach of promise without mala fide intent does not amount to rape. 2) Criminal Law – Indian Penal Code, Section 313 – Administration of Abortive Substance – Offense under this section requires proof that medication causing miscarriage was administered without the victim's consent; voluntary consumption by a knowledgeable adult negates culpability.
1) Protection of Children From Sexual Offences Act, 2012 – Sections 8, 12, 16, 17 – Define sexual assault, sexual harassment, and abetment with prescribed punishments, emphasizing protection of children from sexual offences and the criminal liability arising from instigation or aiding such offence. 2) Criminal Procedure Code, 1973 – Section 482 – Powers of High Court to quash FIR or criminal proceedings are to be exercised sparingly and only in exceptional cases where no prima facie case is made out or to prevent abuse of the process of law.
1) Criminal Law – Indian Penal Code, Sec 375 & 376 – Sexual Offenses – Consent obtained by a false promise to marry must be a false promise made in bad faith with no intention to marry at the time it was given to vitiate consent and constitute rape. 2) Criminal Procedure – Section 528, Bhartiya Nagarik Suraksha Sanhita, 2023 – Power of High Court to quash FIR or charge-sheet when allegations do not make out a prima facie case or amount to abuse of process.
1) Criminal Law – Indian Penal Code, Sections 376(2)(n) and 417 – Consent and Cheating – Consent vitiated by false promise of marriage requires a proven bona fide intent to deceive from the beginning; mere breach of promise does not constitute rape or cheating. 2) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 – Sections 3(1)(w)(i) and 3(2)(v) – Caste-based offences require prima facie evidence that the accused was aware of and acted with caste-based animus – absent which the provisions do not apply.
1) Criminal Procedure – Section 482 – Inherent powers of the High Court to quash FIRs and criminal proceedings when allegations do not disclose a prima facie offense or where prosecution is malicious or abused the process of the court. 2) Criminal Law – Indian Penal Code, Sections 406 (criminal breach of trust), 465 (forgery), 468 (forgery for purpose of cheating), 471 (using forged document as genuine), and 506 (criminal intimidation) – Delay in lodging complaint and absence of supporting evidence can be grounds for quashing criminal proceedings.
1) Service Law – Public Land Allotment – Pre-emptory Right Doctrine – The right of pre-emption is limited to the offer of sale and does not confer absolute entitlement to the property; it can be defeated by a superior or equal right or omission in claim. 2) Administrative Law – Judicial Review of Land Allotments – The scope of judicial review in allotment of public plots by statutory authorities like MIDC is limited to arbitrariness, mala fides, or unreasonableness; mere delay or change in application factors militates against challenge.
1) Land Acquisition Act, 1894 – Section 28A – Application for enhancement of compensation – The provision is beneficial legislation meant to grant relief to landowners whose lands were acquired, allowing them to seek enhanced compensation once any party has obtained such an order from the reference court. 2) Limitation – Procedural Requirement – While filing application for enhancement under Section 28A, strict requirement of submitting certified copy is not to be applied hyper-technically to defeat the object of legislation; the main consideration is whether the application was filed within limitation period.
1) Service Law – Welfare Benefits – Government Resolution dated 29th May 2020 and 14th May 2021 providing insurance cover/ex gratia assistance to State Government employees and their dependents who die due to Covid-19 infection contracted during duty. 2) Constitutional Law – Article 226 – Scope of writ mandamus to enforce benevolent schemes and protect rights of contractual employees against denial based on procedural cutoff dates.
1) Arbitration Law – Arbitration and Conciliation Act, 1996, Section 34 – Grounds for setting aside arbitral award – Delay in pronouncement of award is not a ground per se for setting aside; only when delay is undue, unexplained, and adversely affects the award does it amount to conflict with public policy of India warranting setting aside award. 2) Arbitration Law – Arbitration and Conciliation Act, 1996 – Adequacy of reasons in arbitral award – An arbitral award may be challenged under Section 34 only if reasons are totally lacking, unintelligible, or perverse; insufficiency or brevity of reasons without perversity or illegality is not sufficient to set aside award.
1) Arbitration Law – Arbitration and Conciliation Act, 1996 – Section 8 – An action in a matter subject to an arbitration agreement must be referred to arbitration unless the subject matter of the suit falls outside the scope of the arbitration clause. 2) Contract Law – Lease Agreement – Expiry and Renewal – Once a lease expires without renewal before expiry, any subsequent agreement claimed constitutes a fresh contract and may not be governed by the arbitration clause in the expired lease.
1) Service Law – Administrative Instructions – A recruitment process must comply with applicable orders and guidelines issued by competent authorities for validity and transparency, such as the order dated 18th December, 2024, regarding Advisory Committee composition. 2) Service Law – Recruitment – Policy directives that do not conflict with existing rules must be followed to ensure transparency and fairness in recruitment, as emphasized by the Supreme Court in Virender Singh Hooda & Ors. v. State of Haryana (1999).