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Bihar Deputy CM says will move Supreme Court against High Court stay on quota hike.

The Bihar government will petition the Supreme Court to challenge the Patna High Court’s decision to set aside a 50% to 65% increase in reservation for deprived castes, Deputy Chief Minister Samrat Choudhary said on Thursday, even as opposition leader Tejashwi Yadav chastised the ruling National Democratic Alliance (NDA) for failing to include the quota law in the Constitution’s ninth schedule, which would have given it immunity from judicial review. In a setback for the Nitish Kumar government, the high court on Thursday struck down legislations passed by the state assembly in November last year to increase the reservation for scheduled castes, scheduled tribes, and backward classes in education and government jobs to 65%, exceeding the 50% ceiling set by the top court.

“After getting legal advice, the Bihar government plans to challenge the high court ruling before the Supreme Court. Backward communities, Dalits, and tribals must be given more reservation in Bihar,” Choudhary, who is also the state Bharatiya Janata Party (BJP) head, added. “We believe that the reservation laws in Bihar were amended in accordance with provisions of the Constitution states like Tamil Nadu, too, have 69% quotas.”

Madan Sahni, leader of the Janata Dal (United) and a state minister, has also stated that the administration will take appropriate measures. “Bihar was the first state to undertake a caste-based survey and boost quota based on its findings. We shall consider the top court’s verdict issued today.

In response to the high court’s decision, opposition leader Tejashwi Yadav accused the BJP-led NDA government at the Centre of obstructing the conduct of a caste survey and an increase in quota. “We are saddened, and we suspected that the BJP would try to halt the reservation. We had stated during the elections that the BJP is opposed to reservation… “I don’t understand why the Chief Minister is silent on this,” the RJD leader stated.

Shri Yadav stated that his party, which was part of the administration that implemented the higher quota, pushed on the inclusion of the updated reservation legislation in the Constitution’s ninth schedule. “The state and federal governments, however, did nothing. We demand that an all-party team meet with Prime Minister Narendra Modi to discuss the quota increase in the ninth schedule,” he said, adding that if the state government does not challenge the high court judgement, his party will. Kunal, the state secretary of CPI-ML (liberation), expressed unhappiness with the high court judgement and suggested that the state government approach the Supreme Court to “protect the interests of the backward and oppressed classes.”

WRITTEN BY: ABHISHEK SINGH

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Even if there is 0.001% negligence, it should be dealt with thoroughly: SC raps NTA, Centre over NEET Exam irregularities

Amid worries over the National Eligibility-cum-Entrance Test (NEET) for admission to medical institutions, the Supreme Court today slammed the National Testing Agency (NTA), which administers the statewide exam for medical college applicants.

“If there’s even 0.001% negligence on anyone’s part, it should be thoroughly dealt with,” the Supreme Court stated. The Supreme Court, in hearing a batch of petitions over alleged anomalies in the exam, stated that it expected “timely action” from the NTA and that the organisation must guarantee that all applicants are treated equitably.

“As the agency in charge of the exam, you must be fair. If there is an error, say yes, it is a mistake, and here is the course of action we will pursue. At the very least, that gives you confidence in your performance,” said a bench of Justices Vikram Nath and SVN Bhatti to the NTA. The Supreme Court emphasised the importance of students’ preparation for one of the country’s most difficult admission tests, stating that if someone who has cheated the system becomes a doctor, they are even more detrimental to society. It emphasised that children must study hard in order to pass NEET. “The next hearing in the case will be held on July 8.”

Last week, the NTA informed the Supreme Court that the grace marks awarded to 1,563 applicants in the NEET-UG test will be revoked, and the participants will be given the option of retaking the exam on June 23. The findings of the re-test will be announced by June 30, the Supreme Court was told.

If any of these applicants elected not to take the re-test, their previous score would be returned, minus the additional marks.
The results for the medical entrance test, which was taken by 24 lakh candidates on May 5, were released on June 4. Allegations of a test paper leak quickly emerged. As many as 67 students received flawless scores of 720/720.

Several students were offered grace marks, reportedly to compensate for lost time at the exam centre. Many student associations have complained of claimed NEET irregularities, including the release of incorrect question papers, ripped Optical Mark Recognition (OMR) sheets, and delays in sheet delivery.

Written By: Abhishek Singh

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SC SET ASIDE THE IMPUGNED JUDGEMENT PASSED BY THE HIGH COURT IN RESPECT OF DYING DECLARATION

Case Name: NAEEM. Versus STATE OF UTTAR PRADESH.

Case Number: CRIMINAL APPEAL No. 1978 of 2024

Dated: March 05, 2024

Quorum: Honourable Justice B.R. Gavaskar & Justice Sandeep Mehta

FACTS OF THE CASE:

The appeals challenge the judgement and order dated December 17, 2019, passed by the Division Bench of the High Court of Judicature at Allahabad in Criminal Appeal Nos. 1589 of 2018 and 7393 of 2017. The appeals relate to the case of Shahin Parveen, who was admitted to the District Hospital with 80% deep thermal and facial burns on 1st December 2016. She claimed that she was set ablaze by the accused/appellants who pressured her into entering the profession of immoral trafficking and prostitution. A First Information Report was registered at Police Station Katghar, District Moradabad, and Shahin was admitted to Safdarjung Hospital, New Delhi, where she died at 7:55 pm. The case was altered to the offence punishable under Section 302 of the Indian Penal Code, 1860.

The prosecution case alleged that after the death of Shahin’s husband two years prior, the accused/appellants began pressuring her into entering the profession of immoral trafficking and prostitution. The accused/appellants caught hold of Shahin and poured kerosene on her, igniting a matchstick and throwing it at her. The accused/appellants surrounded her, and she was set ablaze. Her neighbours put out the fire, and her mother and brother, Islam @ Babli, took her to the hospital.

The deceased, who had been a victim of a dispute with her husband, was allegedly set on fire by two accused individuals. The incident occurred on December 1, 2016, and the deceased’s dying declaration revealed that the dispute was related to their shared residence. The accused poured kerosene on the deceased, who was later taken to a hospital in New Delhi. The accused pleaded not guilty and claimed to be tried. The prosecution examined eight witnesses, with Papi @ Mashkoor claiming he was absent at the time and the deceased committed suicide. The trial court convicted the accused and sentenced them to life imprisonment and a fine. The accused appealed to the High Court, which dismissed their appeal and affirmed the conviction and sentence.

LEGAL PROVISIONS:

  1. INDIAN PENAL CODE, 1860;

Section-34 (Acts done by several persons in furtherance of common intention) When a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone.

Section 302 (Punishment for Murder): Whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to a fine.

Section-307 (Attempt to murder): Whoever does any act with such intention or knowledge, and under such circumstances that, if he by that act caused death, he would be guilty of murder, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and, if hurt is caused to any person by such act, the offender shall be liable either to imprisonment for life, or to such punishment as is hereinbefore mentioned.

Attempts by Life Convicts: When any person offending under this section is under sentence of imprisonment for life, he may, if hurt is caused, be punished with death.

  1. INDIAN EVIDENCE ACT 1872;

Section 32(1) [ Dying Declaration]: This section states that when a statement is made by a person as to the cause of his death, or as to any of the circumstances of the transaction which resulted in his death, in cases in which the cause of that person’s death comes into question. Such statements are relevant whether the person who made them was or was not, at the time when they were made, under expectation of death, and whatever may be the nature of the proceeding in which the cause of his death comes into question.

ISSUES RAISED:

  1. Whether the dying declaration is cogent, trustworthy, and reliable to base the conviction on the accused or frivolous and vexatious.
  2. Whether the dying declaration can be considered as sole evidence for the conviction of the accused persons.
  3. whether the conviction of all three accused is tenable or not.

CONTENTION OF APPELLANT:

Shri Mohd. Siddiqui, the learned counsel for the appellants, submits that the conviction is based only on the dying declaration of the deceased. He submits that the dying declaration is not free from doubt. It is submitted that the discharge slip would show that the deceased was discharged from the District Hospital, Moradabad, on December 1, 2016 at 5:00 pm. It is therefore impossible that the dying declaration could have been recorded between 8:48 pm and 9:15 pm. The learned counsel therefore submits that the said dying declaration cannot be said to be trustworthy, reliable and cogent so as to base the conviction solely on the same.

CONTENTION OF RESPONDENTS:

Shri Thakur, counsel for the respondent, submits that both the trial court and the High Court, on the correct appreciation of evidence, rightly convicted the accused and appellants, and as such, no interference would be warranted with the concurrent findings of the trial court and the High Court. The learned AAG submits that Raj Kumar Bhaskar, the then Naib Tehsildar, has deposed about the dying declaration. Shri Thakur submits that the dying declaration also contains the certification by Dr. A.K. Singh, Emergency Medical Officer, District Hospital, Moradabad, regarding the medical fitness of the victim both prior to and after recording the dying declaration.

COURT ANALYSIS AND JUDGEMENT:

The conviction in this case is based solely on the dying declaration, as per the law outlined in the Atbir v. Government of NCT of Delhi case. The court has held that a dying declaration can be the sole basis of conviction if it inspires the full confidence of the court, and if the deceased was in a fit state of mind at the time of making the statement, it was not the result of tutoring, prompting, or imagination. If the court is satisfied about the dying declaration being true and voluntary, it can base its conviction without further corroboration. The court has observed that if the dying declaration is true, coherent, and free from any effort to induce the deceased to make a false statement, there is no legal impediment to make it the basis of conviction, even if there is no corroboration.

The testimony of Raj Kumar Bhaskar, the then Naib Tehsildar, reveals that he was directed by the Tehsildar to record the statement of the victim, Shahin Parveen, at the District Hospital, Moradabad. He deposed that he was in full sense and understood the questions, and that none of the relatives of the deceased were present during the recording.

 

The dying declaration is deemed true and coherent, making it a reliable basis for conviction without independent corroboration. The victim’s statement reveals that the deceased’s motive is attributed to accused No. 1 Pappi @ Mashkoor, who allegedly poured kerosene on her and set her ablaze. The statement of Naeema and her brother Naeem, the wife of accused No. 1 Pappi @ Mashkoor, also reveals their assistance to her devar Pappi @ Mashkoor.

 

However, no specific role for how they assisted was found in the dying declaration. The court finds that the dying declaration can be the sole basis for maintaining the conviction of accused No. 1 Pappi @ Mashkoor, but in the absence of any specific role attributed to accused No. 2 Naeema and accused No. 3 Naeem, they are entitled to the benefit of doubt.

As a result, the court passed the following order:

(i) The criminal appeals of Naeem and Naeema, quashed and set aside, are allowed. The trial court’s conviction and sentence from October 24, 2017, and the High Court’s judgement from December 17, 2019, are quashed and set aside. The appellants are acquitted of all charges and are directed to be released immediately, unless required in any other case.

(ii) Criminal Appeal No. 1979 of 2022, qua appellant Pappi @ Mashkoor, is dismissed.

“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal falls into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”

Judgement Reviewed by- Abhishek Singh

Click here to view the full judgement: NAEEM. Versus STATE OF UTTAR PRADESH.

 

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Supreme Court Upheld the Decision of Punjab & Haryana High Court on Registration of Sale Deed.

Case Name: Kanwar Raj Sing (D)TH.LRS vs. Gejo (D)TH.LRS
Case Number: CIVIL APPEAL NO. 9098 OF 2013
Dated: January 02, 2024
Quorum: Honourable Justice ABHAY S. OKA

FACTS OF THE CASE

The respondents are the legal representatives of the Plaintiff Gejo. There are total 8 defendants Plaintiff claimed a declaration of ownership over the land measuring 71 kanals 8 marlas (“suit property”) based on the sale deed executed on 6th June 1975 and registered on 23rd July 1975. According to the case of the original plaintiff – Smt. Gejo, before registration of the sale deed, an interpolation was made in the sale deed by the first defendant by adding that only 1/3rd share measuring 23 kanals and 8 marlas was being sold. The suit was contested by the first defendant, contending that what was sold was the area of 23 kanals and 8 marlas, which was his 1/3rd share in the suit property.

The Trial Court decreed the suit and held that what was sold to the original plaintiff was the entire land measuring 71 kanals 8 marlas. The first and eighth defendants preferred an appeal before the District Court. On 23rd August 1984, the Additional District Judge allowed the said appeal and held that the correction made in the sale deed was bona fide and was not fraudulently made. The plaintiff preferred a second appeal before the High Court. The plaintiff died during the pendency of the second appeal. High court passed a order in favour of plaintiff and then the unsuccessful defendant moved an appeal to the Hon’ble Supreme Court against the order of high court.

LEGAL PROVISIONS

  • Section 47 of The Registration Act, 1908

Time from which registered document operates —A registered document shall operate from the time from which it would have commenced to operate if no registration thereof had been required or made, and not from the time of its registration.”

  • Section 54 of the Transfer of Property Act, 1984

“Sale” is a transfer of ownership in exchange for a price paid or promised or part-paid and part-promised. Sale how made. —Such transfer, in the case of tangible immoveable property of the value of one hundred rupees and upwards, or in the case of a reversion or other intangible thing, can be made only by a registered instrument. In the case of tangible immoveable property of a value less than one hundred rupees, such transfer may be made either by a registered instrument or by delivery of the property.

  • Delivery of tangible immoveable property takes place when the seller places the buyer, or such person as he directs, in possession of the property.
  • Contract for sale—A contract for the sale of immoveable property is a contract that a sale of such property shall take place on terms settled between the parties.

It does not, of itself, create any interest in or charge on such property.”

Issues raised:

  1. Whether the sale deed as originally executed will operate?
  2. The corrections unilaterally made by the first defendant after the execution of the sale deed without the knowledge and consent of the purchaser will have to be ignored?

Submissions:

Learned counsel appearing for the appellants submitted that as the price of the property subject matter of the sale deed was only Rs. 30,000/-, it is impossible that a vast area of 71 kanals 8 marlas was sold under the sale deed. Learned counsel submitted that the sale took effect from the date on which the sale deed was registered and not from the date on which it was executed. He submitted that what is conveyed by the sale deed is what is mentioned in the registered sale deed. He submitted that even the agreement for sale executed before the execution of the sale deed refers to the sale of 1/3rd share of the first defendant and not the entire property. He submitted that the entry of the name of the original plaintiff in the revenue records as the owner of the whole area would not confer any title as what is relevant is the description of the property in the registered sale deed.

Court Analysis and Judgment:

The Hon’ble court referred section 47 of Registration Act,1908 and also took precedence from Ram Saran Lall v. Domini Kuer and analyzed that Section 47 applies to a document only after it has been registered, and it has nothing to do with the completion of the sale when the instrument is one of sale. It was also held that once a document is registered, it will operate from an earlier date, as provided in Section 47 of the Registration Act.

After referring section 54 of Transfer of Property Act,1984 the Court has observed Every sale deed in respect of property worth more than Rs. 100/- is compulsorily registerable under Section 54 of the Transfer of Property Act. Thus, a sale deed executed by the vendor becomes an instrument of sale only after it is registered.

After considering the facts of this case the Hon’ble Supreme Court observed The first defendant admittedly made the said interpolation after it was executed but before it was registered. In terms of Section 47 of the Registration Act, a registered sale deed where entire consideration is paid would operate from the date of its execution. Thus, the sale deed as originally executed will operate. The corrections unilaterally made by the first defendant after the execution of the sale deed without the knowledge and consent of the purchaser will have to be ignored. Only if such changes would have been made with the consent of the original plaintiff, the same could relate back to the date of the execution. It is not even the first defendant’s case that the subsequent correction or interpolation was made before its registration with the consent of the original plaintiff.

Therefore, the Hon’ble Supreme Court upheld the decision of High Court and dismissed the appeal.

“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal fall into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”

JUDEMENT REVIEWED BY: ABHISHEK SINGH

Click here to view full judgement: Kanwar Raj Sing (D)TH.LRS vs. Gejo (D)TH.LRS

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Smaller disposal and detection teams can be constituted for bomb threats, the Delhi High Court said.

The Delhi Police has informed the High Court of Delhi that smaller teams from their existing strength of five bomb disposal squads and 18 bomb detection teams can be formed to meet the requirement of more units in case of an emergency. There are also 23 BDS/BDT units of the Central Armed Police Forces stationed in Delhi, which can be deployed after due approval of the Ministry of Home Affairs. Five batches of BDS/BDT, each with 15 personnel in each batch, will also be trained in this regard.

The police have previously stated that there are a total of five BDS & 18 BDT for over 4,600 schools in the city. The police have made provisions to form smaller teams in case of emergency to meet the requirement of more BDS/BDT teams. The trained staff of BDS/BDT undergo refresher courses periodically to update the changing scenario and technology.

The standard operating procedure for BDS/BDT is that they are pressed into action only after the BDT concerned has inspected the spot and reported something suspicious in the nature of an IED/explosive, which requires the intervention of BDS. AI movement command for a BDS is under the control of the district DCP concerned where the said BDS is stationed. A detailed Standard Operating Procedure for Bomb Disposal Squads & Bomb Detection Teams was issued in 2021, and nodal officers would respond to threat calls accordingly.

The Directorate of Education has a “zero-tolerance policy” in matters of safety in schools and has issued several directions to institutions to “step up” their safety and security measures, including a circular dated April 16 on precautionary measures and the role of school authorities in cases of bomb threats.

BY: ABHISHEK SINGH

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