Latest Post

Suit for Partition of jointly owned Property — Liability to render accounts — The court held that the defendant Nos. 3(a) and defendant Nos. 15 to 19 are liable to render accounts and contribute rent as assessed by the Trial Court during the course of passing the final decree for the portions in their respective possession The court clarified that being in self-occupation of a property does not absolve a co-sharer from rendering accounts — The defendant No. 3(a) who purchased the property from defendant No. 3 after it had already been vacated by a tenant, was held liable to contribute rent as determined by the Trial Court. Business carried out in the property — The court held that defendant Nos. 15 to 19, who admitted to carrying on their own business in the portion of the property in their possession, are liable to render accounts and contribute rent as determined by the Trial Court. NEET Examination — Supreme Court ruled that a fresh NEET (UG) 2024 examination is not necessary, and the results of the examination should be declared as valid, subject to certain modifications — The Court found no systemic breach in the sanctity of the examination and no conclusive material to lead to the conclusion that the entire result stands vitiated or that there was a systemic leak of the question paper — The Court allowed students with individual grievances to pursue their rights and remedies in accordance with law, including by moving the jurisdictional High Courts under Article 226 of the Constitution — The Court also constituted a seven-member Expert Committee to strengthen the process of conducting NEET (UG) and other examinations and prevent similar instances in the future. Genetically Modified Organisms — Regulation and approval of genetically modified organisms — Environmental release of transgenic mustard hybrid DMH-11 — The Supreme Court has quashed the approval of the environmental release of transgenic mustard hybrid DMH-11, developed by the Centre for Genetic Manipulation of Crop Plants (CGMCP) at the University of Delhi — The court found that the decision-making process was arbitrary and violated the precautionary principle — The court directed the government to take a fresh decision on the release of the transgenic mustard hybrid, considering the recommendations of the Technical Expert Committee (TEC) and the Parliamentary Standing Committee on Agriculture — The court also directed the government to formulate a National Policy on GM crops, involving all stakeholders, and to ensure transparency and public participation in the decision-making process — The court emphasized the importance of protecting the environment, biodiversity, and the health of citizens in the context of genetically modified organisms. Service Law — Termination — The Supreme Court upheld the termination of a CRPF constable’s services for concealing information about pending criminal cases against him in his verification roll — The court held that the CRPF constable had deliberately withheld material information from the CRPF while filling up the verification roll, despite being aware of the FIR registered against him and the ensuing criminal cases — The court noted that the standard of rectitude to be applied to any person seeking appointment in a law enforcement agency must always be higher and more rigorous — The court also held that the CRPF had exercised its discretion as an employer in a reasonable manner and the decision to terminate the services of the constable was justified. Service Law — Promotion — Completion of the required service period for promotion does not automatically entitle an employee to be promoted from the date the position became vacant — The right to be considered for promotion is a fundamental right, but it does not translate into a vested right for promotion unless the rules explicitly provide for it. Seniority cannot be reckoned from the date of occurrence of the vacancy and cannot be given retrospectively unless it is expressly provided by the relevant service rules – that promotion to a higher position should only be granted from the date of promotion and not from the date on which a vacancy may have arisen — The court reiterated that no retrospective promotion can be granted unless it is so expressly provided by the relevant service rules.

Suit for Partition of jointly owned Property — Liability to render accounts — The court held that the defendant Nos. 3(a) and defendant Nos. 15 to 19 are liable to render accounts and contribute rent as assessed by the Trial Court during the course of passing the final decree for the portions in their respective possession The court clarified that being in self-occupation of a property does not absolve a co-sharer from rendering accounts — The defendant No. 3(a) who purchased the property from defendant No. 3 after it had already been vacated by a tenant, was held liable to contribute rent as determined by the Trial Court. Business carried out in the property — The court held that defendant Nos. 15 to 19, who admitted to carrying on their own business in the portion of the property in their possession, are liable to render accounts and contribute rent as determined by the Trial Court.

NEET Examination — Supreme Court ruled that a fresh NEET (UG) 2024 examination is not necessary, and the results of the examination should be declared as valid, subject to certain modifications — The Court found no systemic breach in the sanctity of the examination and no conclusive material to lead to the conclusion that the entire result stands vitiated or that there was a systemic leak of the question paper — The Court allowed students with individual grievances to pursue their rights and remedies in accordance with law, including by moving the jurisdictional High Courts under Article 226 of the Constitution — The Court also constituted a seven-member Expert Committee to strengthen the process of conducting NEET (UG) and other examinations and prevent similar instances in the future.

Murder– Appreciation of evidence–Every person who witnesses a murder reacts in his own way–There is not set rule of natural reaction–Evidence of witness not be discarded on that ground. Murder—Evidence—Adverse inference should not be drawn against prosecution for non examination of the informant and other material witness.

2007(1) LAW HERALD (SC) 664 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice C.K. Thakker The Hon’ble Mr. Justice Lokeshwar Singh Panta Criminal Appeal No. 744 of…

You missed