A. Indian Evidence Act, 1872—Section 45—Handwriting expert—Right of accused—Held: Accused disputing signatures on cheque is entitled to seek examination by handwriting expert—Denial of such opportunity amounts to denial of fair trial—Application should ordinarily be allowed unless found to be vexatious or intended to delay proceedings—Impugned order rejecting such request set aside. (Paras 9–11, 15–17) B. Negotiable Instruments Act, 1881—Sections 138, 139—Presumption—Rebuttal—Held: Section 139 creates a rebuttable presumption in favour of the holder of cheque—Burden shifts on accused to disprove liability—To rebut such presumption, accused must be afforded full opportunity to lead defence evidence, including expert opinion. (Paras 12–14) ...

A. Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958—Rule 16—Delay in Disciplinary Proceedings—Inordinate or unexplained delay in initiating or concluding proceedings can be a ground to quash only if it causes manifest prejudice; mere delay without prejudice is insufficient. (Paras 9, 10, 11, 23, 27, 53) B. Rule 16—Charge Sheet—Vagueness—Charge sheet must contain precise allegations; vague or generalized charges violate natural justice. If facts and nature of accusation are discernible and reply is filed, charge sheet is not necessarily vague. (Paras 14, 21, 40–42, 55) C. Drugs and Cosmetics Act, 1940—Section 33P—Binding Directions—Central Government directions to States under Section 33P are binding; State authorities cannot dilute or deviate. (Para...

A. Constitution of India, 1950—Article 226—Writ Petition—Compassionate Appointment—Compassionate appointment is an exception to the normal recruitment process, intended to mitigate hardship for the family of a deceased employee—Rejection of the application due to the applicant not meeting the minimum age at the time of the employee’s death is neither illegal nor arbitrary, as the employer is not obliged to wait indefinitely for the minor to attain majority. (Paras 9, 10) B. Compassionate Appointment—Age Criteria—Minimum age of 16 years at the time of the employee’s death is required for a dependent to be eligible—The petitioner, being 15 years and 3 months at that time, was rightly considered ineligible; the rejection does not constitute illegality or arbitrariness. (Paras 2, ...

A. Motor Vehicles Act, 1988—Sections 166 & 168—Contributory Negligence—The accident occurring at the centre of the road indicates negligence on both drivers’ part; the Tribunal’s finding of 50% contributory negligence against the appellant is upheld. B. Motor Vehicles Act, 1988—Sections 166 & 168—Permanent Disability—Permanent disability of the appellant driver assessed at 35% is reasonable; mere difficulty in changing a tyre does not justify a 100% disability rating when the driver retains ability to operate the vehicle. C. Motor Vehicles Act, 1988—Sections 166 & 168—Compensation Calculation—Compensation calculated in accordance with Rajasthan State Legal Services Authority Guidelines, 2024, is accepted; award enhanced for fractures sustained by claimant ...

A. CrPC, 1973—Section 439—Bail Considerations—While deciding bail, courts consider factors like delay in lodging the FIR, contradictions in statements, and initial denial of the alleged offence, as these impact the credibility of the prosecution case. B. IPC, 1860 & SC/ST (Prevention of Atrocities) Act, 1989—Nature of Offences—In cases involving sexual assault and offenses under SC/ST Act, contradictions in the prosecutrix’s statements, denial of offence in the first statement, and absence of corroborative evidence for alleged acts like preparation of obscene videos or blackmail weigh in favor of bail. C. Evidence Act, 1872—Witness Statements—Statements from witnesses, such as the landlord indicating a consensual relationship between the accused and the prosecutrix, support the con...

A. Bharatiya Nyaya Sanhita, 2023—Sections 191(2), 121(1), 132, 131, 263(b), 61(2)(a), 111(2)(b) & 190—Framing of Charges—A charge cannot be framed mechanically or routinely merely because a charge-sheet is filed—The court must apply its judicial mind, satisfy itself that prima facie ingredients of the alleged offenses exist, and ensure the order is not cryptic but reflects conscious reasoning. B. Bharatiya Nyaya Sanhita, 2023—Powers of Court at Framing Stage—At the stage of framing charges, the court is not required to conduct a mini-trial or detailed evidence appreciation but must ascertain that the accusation is not frivolous and that sufficient material exists to proceed. C. CrPC, 1973—Framing of Charges—Essential Ingredients—Orders framing charges are unsustainable if the...

A. Rajasthan Transparency in Public Procurement—Single Responsive Bid—Procedural Compliance—Rule 68 requires the procuring entity to record reasons and prepare a justification note when only one responsive bid is received—Failure to do so, and omission of views from Finance/Accounts Members, reflects casual and non-transparent decision-making contrary to statutory obligation to promote competition. (Paras 17.3, 18.3) B. Promoting Fair Competition—Base Rate Fixation—Section 4 mandates procurement processes encourage competition—Fixing an unreasonably high base rate, when prior tenders attracted substantially lower bids, discourages prospective bidders and indicates arbitrariness in the procurement process. (Para 18.3) C. Rejection of Petitioner’s Bid—Mandatory Requirements—P...

A. Juvenile Justice (Care and Protection of Children) Act, 2015 & POCSO—Default Bail—Juvenile Accused—Where the charge-sheet is allegedly not filed within the statutory period of 90 days, a juvenile accrues an indefeasible statutory right to default bail—Discrepancies in judicial record regarding charge-sheet filing dates, and absence of explicit implication in the prosecutrix’s statement, strengthen the claim for release—Default bail is a right, not discretionary, and continued detention without compliance with statutory timelines violates the protective, child-centric purpose of the Juvenile Justice framework. (Paras 1, 2, 4, 4.1(a)–(x)) B. Judicial Record and Officer Conduct—Integrity and Continuity—Chronological inconsistencies or recording of future/non-existent events in o...

A. Micro, Small and Medium Enterprises Development Act, 2006—Section 18—Arbitration and Conciliation Act, 1996—Section 34—Maintainability of Writ Petition—Orders passed by the Facilitation Council under Section 18 of the MSMED Act, 2006 are treated as arbitral awards within the meaning of the Arbitration and Conciliation Act, 1996—Consequently, such awards are not amenable to challenge in writ jurisdiction under Articles 226 or 227 of the Constitution—The appropriate remedy available to the aggrieved party is to file an application for setting aside the award under Section 34 of the Arbitration and Conciliation Act, 1996. B. MSMED Act, 2006—Section 18(2) & (3)—Procedural Compliance—Where the Facilitation Council fails to follow the statutory procedure prescribed under Sect...

A. Narcotic Drugs and Psychotropic Substances Act, 1985—Sections 8/29—Framing of Charge—Judicial Application of Mind—At the stage of framing charge, the Court is required to apply judicial mind to the material on record and ascertain whether the allegations disclose the essential ingredients of the offence or raise a grave suspicion against the accused—Mere reliance on uncorroborated statements of co-accused or allegations in the charge-sheet is insufficient to frame charge, particularly in serious offences under the NDPS Act—Confessional statements made in police custody are inadmissible under Sections 25 and 26 of the Evidence Act unless they fall within the limited exception under Section 27, which requires discovery of a fact pursuant to the information supplied—In absence of any recovery or d...