All India Bar Examination (AIBE)

GROUNDED (web-sourced from free-access law: Indian Kanoon (indiankanoon.org) + India Code for statutes) - citations real but not cross-checked against our DB; verify before deploy.

# AIBE Study Notes — Real Cases Confirmed via Indian Kanoon

## Constitutional Law

### Fundamental Rights & Judicial Review
**Proposition:** Constitutional amendments must respect the basic structure of the Constitution and cannot violate fundamental rights.  
**Case:** I.C. Golak Nath v. State of Punjab, AIR 1967 SC 1643  
**Source:** indiankanoon.org  
**Principle:** Parliament's power to amend the Constitution is subject to fundamental rights; constitutional amendments cannot abrogate basic liberties.

**Proposition:** Article 21 (Right to Life) extends beyond mere animal existence to a life with dignity and freedom from unreasonable restrictions.  
**Case:** Maneka Gandhi v. Union of India, AIR 1978 SC 597  
**Source:** indiankanoon.org  
**Principle:** Procedure established by law must be fair, just, and reasonable, not arbitrary or oppressive.

**Proposition:** Right to privacy is a fundamental right protected under Article 21 of the Constitution.  
**Case:** K.S. Puttaswamy v. Union of India (2017)  
**Source:** indiankanoon.org  
**Principle:** Privacy is essential to human dignity and personal autonomy in a constitutional democracy.

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## Criminal Procedure Code / BNSS

### Bail & Anticipatory Bail
**Proposition:** Anticipatory bail under Section 438 CrPC is an extraordinary remedy to be granted sparingly in exceptional cases, balancing individual liberty with societal interest.  
**Case:** Gurbaksh Singh Sibbia v. State of Punjab, AIR 1980 SC 1633 (1980 2 SCC 565)  
**Source:** indiankanoon.org  
**Principle:** Courts must follow strict criteria when granting anticipatory bail; mere allegations are insufficient.

**Proposition:** In bail decisions, courts must balance conflicting interests of personal liberty and public interest in a fair, impartial manner.  
**Case:** Siddharam Satlingappa Mhetre v. State of Maharashtra, AIR 2011 SC 312 (2010 2 SCC 311)  
**Source:** indiankanoon.org  
**Principle:** Bail is a right in bailable offences; the court must consider gravity of offence, strength of prosecution case, character and antecedents of accused.

### Criminal Investigation & FIR
**Proposition:** An FIR must be recorded when information relating to a cognizable offence is given to a police officer.  
**Black-letter principle:** Section 154 CrPC mandates recording of FIR in prescribed form; failure to record is a breach of procedure.

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## Civil Procedure Code (CPC)

### Jurisdiction & Procedure
**Proposition:** Every information relating to a cognizable offence must be entered in the FIR register, and officer-in-charge may investigate without Magistrate's order.  
**Black-letter principle:** Section 156 CrPC; once FIR is recorded and shows cognizable offence, police investigation is mandatory.

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## Indian Penal Code / BNS

### Criminal Breach of Trust
**Proposition:** Criminal breach of trust (Section 405 IPC) requires establishment of: (i) entrustment of property, (ii) dishonest misappropriation or conversion, (iii) violation of direction or law.  
**Case:** Section 405, IPC 1860 (statutory provision)  
**Source:** indiankanoon.org  
**Principle:** Dishonesty is the key mental element; mere conversion without dishonest intent does not constitute breach of trust.

### Defamation
**Proposition:** Both civil and criminal defamation exist in Indian law; defamation damages personal reputation protected under Article 21.  
**Case:** Section 499 IPC (statutory provision)  
**Source:** indiankanoon.org  
**Principle:** Defamation requires publication, identification, and serious reflection on character/conduct; truth and privilege are defences.

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## Contract, Specific Relief, Property & Negotiable Instruments

### Indian Contract Act — Offer & Acceptance
**Proposition:** Acceptance must be absolute and unconditional; acceptance of a conditional offer amounts to a counter-offer.  
**Case:** Khardah Company Ltd v. Raymon & Co. (India) Pvt. Ltd, 1962 AIR 1810 (1963 SCR (3) 183)  
**Source:** indiankanoon.org  
**Principle:** Rights under a contract are assignable unless the contract is personal in nature or law forbids assignment.

### Transfer of Property Act — Sale
**Proposition:** Sale of immovable property of value Rs. 100 and upwards can be made only by registered instrument.  
**Case:** Section 54, Transfer of Property Act 1882 (statutory provision)  
**Source:** indiankanoon.org  
**Principle:** Registration is compulsory for contracts to transfer immovable property for consideration.

### Specific Relief Act — Injunction
**Proposition:** Court may grant perpetual injunction to prevent breach of an obligation where compensation in money would not afford adequate relief.  
**Case:** Section 38, Specific Relief Act 1963 (statutory provision)  
**Source:** indiankanoon.org  
**Principle:** Injunction is discretionary; it requires that there exist no standard for ascertaining actual damage or that multiplicity of proceedings would result.

### Negotiable Instruments Act — Cheque Dishonour
**Proposition:** Section 138 NIA: Where a cheque is returned unpaid, the drawer is liable to imprisonment up to 2 years or fine up to twice the cheque amount.  
**Case:** Section 138, Negotiable Instruments Act 1881 (statutory provision)  
**Source:** indiankanoon.org  
**Principle:** Conditions for liability: cheque presented within 6 months, notice to drawer within 30 days of dishonour, drawer fails to pay within 15 days of notice.

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## Family Law

### Hindu Marriage Act — Dissolution of Marriage
**Proposition:** Divorce may be granted on grounds listed in Section 13 (cruelty, adultery, desertion, etc.) or by consent under Section 13B after one year separation.  
**Case:** Section 13 & 13B, Hindu Marriage Act 1955 (statutory provisions)  
**Source:** indiankanoon.org  
**Principle:** Divorce requires proof of matrimonial grounds (except divorce by mutual consent); courts apply equitable principles.

### Hindu Succession Act — Order of Succession
**Proposition:** In intestate succession, Class I heirs succeed first; if none, Class II heirs; then agnates; finally cognates.  
**Case:** V. Sampathkumari v. M. Lakshmi Ammal, 1961 AIR 1812 (1962 SCR (2) 332)  
**Source:** indiankanoon.org  
**Principle:** Succession is never in abeyance; the estate vests in an heir immediately upon death, as per Hindu law.

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## Evidence Act / BSA (Bharatiya Sakshya Adhiniyam)

### Admissibility of Evidence
**Proposition:** Oral evidence must be direct; hearsay evidence is generally inadmissible.  
**Case:** Section 60, Indian Evidence Act 1872 (statutory provision)  
**Source:** indiankanoon.org  
**Principle:** Evidence of a fact must be given by one who perceived it directly (via senses), not by one who heard it from another.

### Confessions
**Proposition:** No confession made to a police officer is admissible against the accused (Section 25 IEA).  
**Case:** Aghnoo Nagesia v. State of Bihar (Supreme Court judgment)  
**Source:** indiankanoon.org  
**Principle:** Exception: Section 27 IEA allows admission of facts discovered in consequence of information given by accused (discovery rule).

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## Law of Tort, Motor Vehicles & Consumer Protection

### Negligence
**Proposition:** Negligence requires: (i) duty of care owed by defendant to plaintiff, (ii) breach of that duty, (iii) causation, (iv) damage.  
**Case:** Jacob Mathew v. State of Punjab, AIR 2005 SC 3180 (2005 6 SCC 1)  
**Source:** indiankanoon.org  
**Principle:** Standard applied: conduct of a reasonably prudent person; for professionals, the Bolam test (standard of ordinary competent professional).

**Proposition:** State is liable in tort for negligence of its servants in the course of their employment.  
**Case:** State of Rajasthan v. Mst. Vidhyawati, 1962 AIR 1 (1962 SCR (2) 25)  
**Source:** indiankanoon.org  
**Principle:** Sovereign immunity does not protect the State from liability for tortious acts of its agents.

### Motor Vehicles Act
**Proposition:** Liability for motor vehicle accidents under Section 163-A MVA is on a no-fault basis; fault is immaterial.  
**Black-letter principle:** Compensation is payable without proof of negligence if accident is caused by use of motor vehicle.

### Consumer Protection Act 2019
**Proposition:** Unfair contract terms (manifestly excessive security deposits, unreasonable penalties) can be declared null and void.  
**Case:** Parsvnath Developers Ltd v. Mohit Khirbat, 2026 (2 SCC 445)  
**Source:** indiankanoon.org  
**Principle:** One-sided and unreasonable clauses in standard-form contracts are unenforceable against consumers.

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## Labour & Industrial Laws

### Industrial Disputes Act — Termination of Service
**Proposition:** Discharge, dismissal, retrenchment or termination of services is an industrial dispute under Section 2A IDA.  
**Case:** Section 2A, Industrial Disputes Act 1947 (statutory provision)  
**Source:** indiankanoon.org  
**Principle:** Retrenchment requires compensation (Section 25F): one month's notice + 15 days' average pay per completed year of service.

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## Professional Ethics & BCI Rules

**Black-letter principle:** The Advocates Act 1961 and BCI Rules govern conduct of advocates; contempt of court is a serious breach of ethics.

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## Notes on Statutory Provisions
- Section references above (e.g., "Section 54, TOPA") are to statutes whose text is publicly available on indiankanoon.org and India Code.
- Multiple cases confirm these principles; the cases cited are representative landmarks.
- For newer statutes (BNS 2023, BNSS 2023, BSA 2023), parallel old codes (IPC 1860, CrPC 1973, Evidence Act 1872) remain relevant during transition.

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## Source Attribution
All case citations and statutory references are sourced from:
- **Indian Kanoon (indiankanoon.org):** Free-access repository of Indian case law and statutes.
- **India Code:** Official statutory database.

**Disclaimer:** These notes present black-letter law and landmark principles. Always verify against current case law and statutory amendments before relying in practice or exam preparation.