A. Constitution of India—Article 21—Illegal Detention—Habeas Corpus—Compensation—Continued detention of a person despite suspension of sentence by the competent appellate authority constitutes a gross violation of personal liberty under Article 21. Public law compensation is warranted for the period of unlawful confinement, particularly where the authorities had knowledge of the suspension order but failed to secure the detenue's release. (Paras 1, 9, 13, 19, 24, 31, 38, 45, 50(i)) B. Administrative Law—Judicial Discipline—Compliance with Judicial Orders—Public authorities are bound to obey judicial and quasi-judicial orders unless stayed or set aside by a competent forum. Wilful non-compliance with an appellate order suspending sentence, resulting in illegal detention, amounts to gra...

A. Rajasthan Tenancy Act, 1955—Section 251A—Rule 69 of the Rajasthan Tenancy (Government) Rules, 1955—Grant of Way—Procedure—Before granting a right of way under Section 251A, the Sub-Divisional Officer must conduct a site inspection, invite objections from affected persons, afford them an opportunity of hearing, and consider such objections before passing an order. Mere notice of inspection, without calling for objections, does not satisfy the mandatory procedure. (Paras 6–9.1, 13.2, 13.4) B. Natural Justice—Audi Alteram Partem—Failure to provide an effective opportunity to file objections against the site inspection report and the proposed grant of a way amounts to a violation of the principles of natural justice, rendering the proceedings legally unsustainable. (Paras 9, 9.1, 13.4, 13....

A. Rajasthan Panchayati Raj Act, 1994—Sections 9, 10 & 101—Rajasthan Land Revenue Act, 1956—Section 16—Creation of Revenue Village—The power of the State Government to create, abolish, or alter villages and other revenue units is an executive and administrative function. Judicial review is limited, and interference is warranted only on proof of mala fides, colourable exercise of power, arbitrariness, or violation of statutory provisions. (Paras 2, 4.2, 6, 9–9.3) B. Rajasthan Panchayati Raj Act, 1994—Delimitation Guidelines—Creation of New Village—While considering the creation of a new revenue village, the prescribed guidelines, including the distance between the central points of villages, must be taken into account. Mere contiguity of khasra numbers is not decisive where the p...

A. Constitution of India—Article 226—Writ Jurisdiction—Cancellation of Registered Documents—Registered allotment letters, pattas, or other documents creating rights in immovable property cannot be annulled in writ proceedings. Challenges to the validity of such documents must be pursued before the competent civil court. (Paras 13, 15) B. Property Law—Land Acquisition—Vesting of Acquired Land—Upon acquisition and vesting of land in the statutory authority, disputes relating to compensation, allotment, or consequential rights are to be resolved in accordance with the statutory framework and are not amenable to adjudication in writ jurisdiction, particularly where developed land has already been allotted in lieu of compensation. (Paras 2, 9, 13, 19) C. Civil Procedure—Disputed Questions o...

A. Criminal Procedure Code, 1973 (CrPC)—Sections 108, 110, 321—Rajasthan Police Rules, 1965—History Sheet—Reopening of a history sheet on the basis of pending criminal cases is valid where supported by reasonable material—However, subsequent acquittal or discharge requires the competent authority to review its continuance in accordance with Rules 4.12 and 4.13—The Superintendent of Police must consider closure where the person is no longer shown to be habitually involved in crime. [Paras 21–26] B. Rajasthan Police Rules, 1965—Rules 4.4(3)(b), 4.9(2)—Habitual Offender—Opening of a history sheet does not require prior convictions—The test is whether there are reasonable grounds to believe that the person is habitually addicted to crime—The definition under the Rajast...

A. Constitution of India, 1950—Article 226—Writ of Mandamus—Interference with departmental proceedings—The High Court, in exercise of its writ jurisdiction under Article 226, ordinarily does not interfere with pending departmental proceedings or quash a charge-sheet/show-cause notice at the threshold—Such interference is warranted only where the authority issuing the charge-sheet or notice lacks jurisdiction or competence. [Para 22] B. Constitution of India, 1950—Articles 14, 21 & 226—Withholding of salary—Denial of salary for the months of October, November and December 2025, despite the admitted fact that the petitioner discharged official duties at Municipality, Rajgarh pursuant to orders of the competent authority, was held to be arbitrary and violative of Articles 14 and 21 of th...

A. Arbitration and Conciliation Act, 1996—Section 34—Limitation and continuous cause of action—Ongoing correspondence between the parties till 2010 established a continuing cause of action, and the claim initiated in 2012 was within the prescribed period of limitation—The Commercial Court erred in treating the claim as time-barred by relying upon an isolated date divorced from the overall factual matrix. [Paras 11–16] B. Arbitration and Conciliation Act, 1996—Section 34—Determination of limitation—Scope of inquiry—In deciding limitation, the Court must examine the entire course of dealings and correspondence to ascertain when the dispute actually crystallized—A piecemeal approach based on a single event or date is legally unsustainable. [Paras 11–14] C. Arbitration an...

A. Penal Code, 1860—Sections 148, 323/149 and 304 Part-II/149—Unlawful assembly causing death—Presence and participation of all appellants in the incident stood established through reliable eyewitness and injured witness testimony—Though the common object to cause grievous injuries was proved, the evidence did not establish a premeditated intention to kill—Conviction under Section 304 Part-I/149 IPC was accordingly altered to Section 304 Part-II/149 IPC, with sentence reduced to five years’ rigorous imprisonment while maintaining the fine—Appeal partly allowed. [Paras 1–27] B. Penal Code, 1860—Sections 304 Part-I and 304 Part-II—Intention and knowledge—Distinction—Where the circumstances do not disclose an intention to cause death, but the accused, as members of an...

A. Income Tax Act, 1961—Section 115BBE—Enhanced tax rate on unexplained income—Prospective operation—The increase in tax rate from 30% to 60% under the Taxation Laws (Second Amendment) Act, 2016, is prospective in nature and takes effect from April 1, 2017—Transactions and assessments pertaining to the period prior thereto cannot be subjected to the enhanced rate in the absence of express retrospective intent. [Paras 1, 8.1–8.3, 11, 12, 17(iii), 18] B. Interpretation of Statutes—Presumption against retrospectivity—Taxing statutes—A fiscal statute imposing a higher tax burden is presumed to operate prospectively unless retrospective application is expressly provided or necessarily implied—Principles of fairness and certainty preclude implied retrospective enhancement of tax lia...

A. Education Law—No Objection Certificate (NOC)—Pending applications and applicability of revised policy—Mere filing of an application for establishment of a veterinary college does not confer a vested right to consideration under the earlier policy—The State is competent to modify its policy framework before any enforceable right crystallizes—Uniform application of the new policy to all pending applications is neither arbitrary nor retrospective in nature. [Paras 14–15.1] B. Administrative Law—Equality under Article 14—Claim of discriminatory grant of NOCs—Institutions granted NOCs pursuant to specific judicial directions or conditional orders cannot be treated as comparable cases—Article 14 does not envisage negative equality, and no parity can be claimed on the basis of exc...