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  • Uttarakhand High Court

    Hon'ble Judge(s) Hon'ble Judge(s): Alok Kumar Verma , J

    Jogendra Arora v. Anand Singh Mahara (since deceased) through Legal Representatives

    D.O.D : 10/06/2025

    Petition Dismissed

    Provincial Small Cause Courts Act (9 of 1887) , S.15— Suit for eviction - Default in payment of rent - In spite of repeated demands, rent was not paid by tenant since 01.10.2014 to 31.03.2015 - Notice was sent to tenant demanding arrears of rent and to vacate suit property but tenant did not vacate the property - Quit notice was very clear of intention of landlord that he did not want to keep defendant as his tenant and tenancy shall stand determined on expiry of period of thirty days from date of service of notice - Decree of suit with direction to tenant to vacate suit property and pay damages @ Rs. 3,000/- p.m. from 09.05.2015 till actual delivery of possession of property was proper.

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  • Hon'ble Judge(s) Hon'ble Judge(s): M. S. Ramesh, N. Senthilkumar , JJ

    H.Santhosh v. District Collector, Thirupathur District, Thirupathur

    D.O.D : 10/06/2025

    Appeal Allowed

    Constitution of India , Art.25— No Caste No Religion - Prayer for grant of Certificate - Art. 25 guarantees freedom of religion to all individuals, by holding that every person has right to freely profess, practice and propagate their religion - Petitioner had declared that he intended to raise his children in casteless and religion free society - Only objection raised by Special Government Pleader that Tahsildars are not empowered with any Government Orders for issuance of such certificate - Submission was paradoxical, since three copies of such certificates were provided - Even otherwise, when there is Constitutional mandate under Art. 25, Revenue Authorities cannot wriggle out of this Constitutional obligation by quoting absence of any particular Rule or Government Order to that effect - Claim of petitioner to have himself and his family members certified by Government of not belonging to any caste or any religion is laudable claim, which in long run, would promote prohibition of caste based discrimination and also would be eye opener for like minded citizens - Accordingly, Government of Tamil Nadu was directed to pass necessary Government Orders, with specific instruction to Revenue Authorities to positively entertain applications seeking for grant of certificate of "No Caste No Religion" - Respondents were directed to entertain representation of petitioner and issue certificate accordingly.

    AIROnline 2024 MAD 2453-Reversed(Paras567910)

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  • Supreme Court Of India
    (From : AIROnline 2023 Pat 974)

    Hon'ble Judge(s) Hon'ble Judge(s): Sanjay Karol, Prasanna B. Varale , JJ

    Amlesh Kumar v. State Of Bihar

    D.O.D : 09/06/2025

    Appeal Allowed

    (A) Evidence Act (1 of 1872) , S.45— Constitution of India , Art.20(3), Art.21— Narco analysis test - Acceptance of submission of police to carry out test - Challenge against - Under no circumstances, involuntary or forced narco-analysis test is permissible under law - Consequently, report of such involuntary test or information that is discovered subsequently is also not per se admissible as evidence in criminal or other proceedings - Submission and its acceptance regarding conduction of narco analysis test was in direct contravention of judgment reported in AIR 2010 SC 1974 being hit by protections under Arts. 20(3) and 21 - Moreso, such submission was accepted while adjudicating bail application which was impermissible - While need for modern investigative techniques may be true, such investigative techniques cannot be conducted at cost of constitutional guarantees under Arts. 20(3) and 21 - Held, High Court erred in accepting a submission made by Investigating Officer to carry out a narco-analysis test of all accused persons during hearing of bail application .

    AIROnline 2023 Pat 974-ReversedAIR 2010 SC 1974-Followed(Paras9101112)

    (B) Evidence Act (1 of 1872) , S.45, S.27— Narco analysis test - Reports of voluntary narco-analysis tests cannot be admitted directly into evidence -Information that is discovered, as consequence thereof, can be admitted with aid of S. 27 of Evidence Act - Report of voluntary narco analysis test with adequate safeguards as well in place, or information found as result thereof, cannot form sole basis of conviction of accused person.

    AIR 2025 SC 845-FollowedAIR 2023 SC 3857-Followed(Para14)

    (C) Evidence Act (1 of 1872) , S.45— Narco analysis test - Right to voluntarily undergo - Stage explained.

    AIROnline 2023 Pat 974-ReversedAIR 2010 SC 1974-Followed

    The accused has a right to voluntarily undergo a narco- analysis test at an appropriate stage. The appropriate stage for such a test to be conducted is when the accused is exercising his right to lead evidence in a trial. However, there is no indefeasible right with the accused to undergo a narco- analysis test, for upon receipt of such an application the concerned Court, must consider the totality of circumstances surrounding the matter, such as free consent, appropriate safeguards etc., authorizing a person to undergo a voluntary narco-analysis test.

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  • Hon'ble Judge(s) Hon'ble Judge(s): N. Anand Venkatesh , J

    G.Siva Kumar v. State of Tamil Nadu

    D.O.D : 09/06/2025

    Order Accordingly

    Tamil Nadu Hindu Religious and Charitable Endowments Act (22 of 1959) , S.34— Alienation of immovable Trust property - Grievance of petitioners that subject property belonged to Temple, whereas steps were taken to construct Taluka Office without even getting permission of Collector u/S.34 of Act - District Collector issued proceedings by confirming land value determined for construction of Taluka Officer - Given fact that land being put to public use by paying cost of land to Temple, directions were issued upon District Collector to grant necessary sanction for conveyance of property in favor of Revenue in order to enable revenue to construct Taluka Office.

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  • (From : AIROnline 2023 Pat 974)

    Hon'ble Judge(s) Hon'ble Judge(s): Sanjay Karol, Prasanna B. Varale , JJ

    Amlesh Kumar v. State of Bihar.

    D.O.D : 09/06/2025

    Appeal Allowed

    (A) Evidence Act (1 of 1872) , S.45— Constitution of India , Art.20(3), Art.21— Narco analysis test - Acceptance of submission of police to carry out test - Challenge against - Under no circumstances, involuntary or forced narco-analysis test is permissible under law - Consequently, report of such involuntary test or information that is discovered subsequently is also not per se admissible as evidence in criminal or other proceedings - Submission and its acceptance regarding conduction of narco analysis test was in direct contravention of judgment reported in AIR 2010 SC 1974 being hit by protections under Arts. 20(3) and 21 - Moreso, such submission was accepted while adjudicating bail application which was impermissible - While need for modern investigative techniques may be true, such investigative techniques cannot be conducted at

    @page-SC2754cost of constitutional guarantees under Arts. 20(3) and 21 - Held, High Court erred in accepting a submission made by Investigating Officer to carry out a narco-analysis test of all accused persons during hearing of bail application.AIROnline 2023 Pat 974, Reversed.AIR 2010 SC 1974, Followed.(Paras9101112)

    (B) Evidence Act (1 of 1872) , S.45, S.27— Narco analysis test - Reports of voluntary narco-analysis tests cannot be admitted directly into evidence - Information that is discovered, as consequence thereof, can be admitted with aid of S. 27 of Evidence Act - Report of voluntary narco analysis test with adequate safeguards as well in place, or information found as result thereof, cannot form sole basis of conviction of accused person.

    AIR 2025 SC 845, AIR 2023 SC 3857, Followed.(Para14)

    (C) Evidence Act (1 of 1872) , S.45— Narco analysis test - Right to voluntarily undergo - Stage explained.

    The accused has a right to voluntarily undergo a narco- analysis test at an appropriate stage. The appropriate stage for such a test to be conducted is when the accused is exercising his right to lead evidence in a trial. However, there is no indefeasible right with the accused to undergo a narco- analysis test, for upon receipt of such an application the concerned Court, must consider the totality of circumstances surrounding the matter, such as free consent, appropriate safeguards etc., authorizing a person to undergo a voluntary narco-analysis test.

    ...Read Judgment

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