Whether an option granted to a lessee to renew a lease, initially for a period of 10 years, after every 10 years is void as being hit by the rule of perpetuity?
The rule against perpetuity, codified under Section 14 of the Transfer of Property Act, 1882, does not apply to an option for renewal in a lease agreement, as these rights do not create an interest in the property.
Whether the dying declaration given by the deceased wife is reliable to convict the appellant under Section 302 of the Indian Penal Code (“IPC”)?
If the victim succumbs to his injuries, after making a statement before the police, the statement can be treated as a dying declaration and is admissible under section 32(1) of the Evidence Act.
Whether the evidence of the witness is admissible in court under S.6 of Evidence Act?
Hearsay evidence is admissible when it is almost contemporaneous with the acts and without any interval to avoid fabrication.
a. Whether the conviction and imposition of death penalty on the appellants is a ‘rarest of the rare case’ ?
b. Whether the dying declaration of survivors can be admitted in a court of law?
For an evidence to be res gestae, there should be no time gap between the commission of the crime and the statement.When a witness gives a statement under the belief of death but survives then the statement cannot be used as a dying declaration. A death penalty can be awarded only in the rarest of the rare cases.
Whether the accused were rightly convicted of murder under Sections 201 and 302 of the Indian Penal Code?Whether the confession made by Kali Charan was self-exculpatory and could not be used against the co-accused?
Section 30 of the Evidence Act states that when more than one person is being tried jointly for the same offence, then a confession made by one can be used against any other person as well.
Whether the absence of a motive and insufficient circumstantial evidence such as ‘last seen’ warrant acquittal of charges under S. 302 and S.201 IPC?
The prosecution must make a complete chain of events with clear, cogent and consistence evidence to establish the accused’s guilt and eliminate innocence.
The complete absence of motive in a case is a factor in favour of the accused.
Whether the witness statements identifying the appellants in a dark night is admissible under Section 157 of the Evidence Act?
For evidence to be admissible under Section 157 of the Evidence Act, the time interval between the incident and the utterance of the statement should be so short so as to not afford occasion for reflection or even contemplation.
Absence of a strong motive does not free one from the charges or their involvement. Motive is an emotion and does not need to be proportionally grave to commit grave crimes.
Whether the Trail Smelter's emissions caused transboundary environmental damage to the United States and violated principles of international law?
Whether Canada, as the state of jurisdiction over the Trail Smelter, is liable for the harm caused and obligated to provide compensation?
Whether measures should be implemented to prevent future harm from the Trail Smelter’s operations?
No-Harm Principle: States must ensure that activities within their jurisdiction do not cause environmental harm to the territory of another state, reflecting customary international law.
Responsibility for Preventive Action and Compensation: States are obligated to take preventive measures against transboundary harm and provide adequate compensation for damages caused by activities within their control.
Whether the possession and use of forest land by Adivasis, declared as reserved forest under Section 20 of the Indian Forest Act, 1927, or notified under Section 4 of the Act, is legally valid and can be regularized in light of their customary rights?
Whether the establishment of a super thermal power plant by NTPC on disputed forest land can be permitted while ensuring compliance with environmental conservation laws and the rights of displaced individuals?
Recognition of Customary and Legal Claims: The adjudication of claims by Adivasis or other forest dwellers must follow due legal process, ensuring the verification of rights through competent authorities and providing necessary legal aid to protect their interests.
Harmonization of Development and Conservation: National development projects involving forest land may proceed if legal acquisition processes are adhered to, environmental safeguards are maintained, and the rights of affected individuals are adequately addressed through compensation or rehabilitation.
Whether industrial units established with Consent to Establish (CTE) and Consent to Operate (CTO) but lacking prior Environmental Clearance (EC) can continue operating pending the grant of ex post facto EC if they comply with pollution norms?
Whether the principle of sustainable development permits the grant of ex post facto EC under the Environmental Protection Act, 1986, for procedural lapses?
Whether the National Green Tribunal (NGT) erred in ordering cessation of operations solely for non-compliance with prior EC requirements despite no environmental harm?
Ex Post Facto Environmental Clearance: The Environmental Protection Act, 1986, allows ex post facto EC in exceptional cases, balancing environmental compliance with economic and livelihood impacts.
Judicial Review of Procedural Lapses: Courts should assess environmental compliance and economic consequences; procedural lapses alone should not justify severe penalties like closure.