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Environmental Law — Environmental Clearance (EC) — Ex-post facto EC — The Supreme Court has held that the concept of ex-post facto Environmental Clearance is alien to Indian environmental jurisprudence and struck down notifications allowing it — However, in cases where industries were established based on Consent to Establish (CTE) and Consent to Operate (CTO) granted by Pollution Control Boards (PCBs) which were themselves unaware of the prior EC requirement, and the industries have subsequently applied for EC, the Court may allow them to operate while the EC process is pending, to avoid economic and livelihood impacts if no actual pollution is caused or norms are otherwise met. Land Revenue Records — Evidentiary Value for Title — Revenue records like Faisal Patti, Vasool Baqi, and Pahanies are primarily for fiscal purposes and do not confer title or ownership — Mutation entries do not create or extinguish title and have no presumptive value regarding ownership — Such records cannot be the sole basis for declaring title, especially when the primary document of title (patta) is not produced. Recruitment Process — Advertisement and Selection — While filling vacancies, State instrumentalities must adhere to comparative merit and avoid discrimination — A candidate in a select list does not gain an indefeasible right to appointment without specific rules to that effect. Specific Relief Act, 1963 — Section 28 — Rescission of contract for failure to pay purchase money within time limit prescribed by decree — Court’s discretion to extend time or rescind — Dismissal of appeal for non-prosecution does not result in merger of trial court decree — Permitting deposit of balance amount does not extinguish judgment-debtor’s right to seek rescission — Court can consider extending time to balance equities and compensate judgment-debtor for delay, but not automatically — Judgment-debtor’s conduct showing willful negligence is a factor for rescission. Prohibition of Benami Property Transactions Act, 1988 — Section 45 — Bar of jurisdiction of civil courts — This section bars civil courts from entertaining suits or proceedings related to matters within the jurisdiction of authorities, Adjudicating Authorities, or the Appellate Tribunal under the Act — However, the question of whether a suit falls under this bar is itself a matter that can be considered in the context of Order 7 Rule 11 or Order XIV Rule 2.

(IPC) – Sections 148, 302 and 149 – Murder – If the witnesses are otherwise trustworthy, past enmity by itself will not discredit any testimony. In fact the history of bad blood gives a clear motive for the crime. Therefore this aspect does not in assessment, aid the defence in the present matter.

SUPREME COURT OF INDIA FULL BENCH KARULAL AND OTHERS — Appellant Vs. THE STATE OF MADHYA PRADESH — Respondent ( Before : N.V. Ramana, Surya Kant and Hrishikesh Roy, JJ.…

Sexual Offences – Confidentiality – In these matters utmost confidentiality is required to be maintained – High Court completely erred in appreciating the directions issued by Supreme Court in State of Karnataka by Nonavinakere Police vs. Shivanna alias Tarkari Shivanna, (2014) 8 SCC 913 – Appeal Allowed

SUPREME COURT OF INDIA FULL BENCH MISS’ A — Appellant Vs. STATE OF UTTAR PRADESH AND ANOTHER — Respondent ( Before : Uday Umesh Lalit, Vineet Saran and S. Ravindra…

Ragging – If the law presumes an accused to be innocent till his guilt is proved – Accused as presumably innocent persons, are entitled to all the fundamental rights including the right to liberty guaranteed under Article 21 of the Constitution and are entitled to pursue their course of study so long as exercise of said right does not hamper smooth conduct and progress of the prosecution.

SUPREME COURT OF INDIA FULL BENCH ANKITA KAILASH KHANDELWAL AND OTHERS — Appellant Vs. STATE OF MAHARASHTRA AND OTHERS — Respondent ( Before : Uday Umesh Lalit, Vineet Saran and…

Juvenile Justice (Care and Protection of Children) Act, 2000- In all cases where the accused was above 16 years but below 18 years of age on the date of occurrence, the proceedings pending in the court would continue and be taken to the logical end subject to an exception that upon finding the juvenile to be guilty, the court would not pass an order of sentence

SUPREME COURT OF INDIA DIVISION BENCH SATYA DEO @ BHOOREY — Appellant Vs. STATE OF UTTAR PRADESH — Respondent ( Before : S. Abdul Nazeer and Sanjiv Khanna, JJ. )…

HELD Narco Analysis Test Cannot Be Forcibly Conducted On An Individual. “……..the compulsory administration of the impugned techniques violates the ‘right against self incrimination’. This is because the underlying rationale of the said right is to ensure the reliability as well as voluntariness of statements that are admitted as evidence.”

HELD For what is punitively outrageous, scandalizingly unusual or cruel and rehabilitatively counter-productive, is unarguably unreasonable and arbitrary and is shot down by Article 14 and 19 and if inflicted…

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