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Penal Code, 1860 (IPC) — Sections 302, 449, 376, 394 — Appeal against High Court’s upholding of conviction and sentence — Case based on circumstantial evidence — Absence of direct evidence connecting appellant to offense — Falsely implicated — Prosecution failed to establish guilt beyond reasonable doubt — No scientific evidence linking appellant — Important witnesses not associated in investigation or produced in court — Appeal allowed, conviction and sentence set aside. Negotiable Instruments Act, 1881 — Section 138 — Dishonour of cheque — Quashing of proceedings — Cheques issued as security and not for consideration — Memorandum of Understanding (MOU) clearly stated cheques were for security purposes to show banks and not for deposit — Complainant failed to read the complete terms of MOU in isolation and misinterpreted it to claim cheques were converted into debt — Court empowered to consider unimpeachable documents at pre-trial stage to prevent injustice — Complaints under Section 138 NI Act liable to be quashed. Insurance Law — Fire Insurance — Accidental Fire — Cause of fire is immaterial if the insured is not the instigator and there is no fraud. The objective of fire insurance is to indemnify the insured against loss by fire. Tender Conditions — Interpretation — Ambiguity — The terms of a tender must be clear and unambiguous — If a tendering authority intends for a specific document to be issued by a particular authority, it must be clearly stated in the tender conditions — Failure to do so may lead to rejection of the bid being deemed arbitrary and dehors the tender terms. Public Interest Litigation (PIL) — Environmental Protection — Monitoring Committee — Powers and Scope — A PIL was filed concerning environmental issues in Delhi, leading to the appointment of a Monitoring Committee. The Supreme Court clarified that the committee was appointed to prevent misuse of residential premises for commercial purposes and not to interfere with residential premises used as such. Their power was limited to making suggestions to a Special Task Force regarding encroachments on public land, not to summarily seal premises.

Cheque Dishonour – Company – By virtue of the office they hold as Managing Director or Joint Managing Director, these persons are in charge of and responsible for the conduct of business of the company. HELD Merely being a director of a company is not sufficient to make the person liable under Section 141 of the Act. A director in a company cannot be deemed to be in charge of and responsible to the company for conduct of its business

SUPREME COURT OF INDIA DIVISION BENCH PAWAN KUMAR GOEL — Appellant Vs. STATE OF U.P. AND ANOTHER — Respondent ( Before : Krishna Murari and Bela M. Trivedi, JJ. )…

Kathua Gang Rape and Murder Case – – Respondent accused was not a juvenile at the time of commission of the offence and should be tried the way other co-accused were tried – Impugned order passed by Chief Judicial Magistrate and the High Court which held that one of the accused was a juvenile is set aside – Appeal allowed.

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF JAMMU AND KASHMIR (NOW U.T. OF JAMMU AND KASHMIR) AND OTHERS — Appellant Vs. SHUBAM SANGRA — Respondent ( Before :…

Motor Accident – – Even in cases of permanent disablement incurred as a result of a motor-accident, the claimant can seek, apart from compensation for future loss of income, amounts for future prospects as well- From the world of the able bodied, the victim is thrust into the world of the disabled, itself most discomfiting and unsettling – If courts nit-pick and award niggardly amounts oblivious of these circumstances, there is resultant affront to the injured victim.

SUPREME COURT OF INDIA DIVISION BENCH SIDRAM — Appellant Vs. THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO. LTD. AND ANOTHER — Respondent ( Before : Surya Kant and J.B. Pardiwala,…

(SARFAESI) – Section 13(2) – Proceedings under Section 13(2) SARFAESI Act – mere typographical error due to inadvertence which has not caused any prejudice to the borrowers, that in itself could not be considered to be the ground to annul the process held by the secured creditor which is in due compliance with the requirement as contemplated under the provisions of Security Interest (Enforcement) Rules, 2002.

SUPREME COURT OF INDIA DIVISION BENCH VARIMADUGU OBI REDDY — Appellant Vs. B. SREENIVASULU AND OTHERS — Respondent ( Before : Ajay Rastogi and C.T. Ravikumar, JJ. ) Civil Appeal…

HELD there were several Inverters having numbers which were common/duplicate and interchangeably used in the same or other blocks. It was alleged that for about 186 Invertors serial numbers were commonly, duplicably and interchangeably used. Some of the inverter numbers were not legible. Therefore, it was alleged that there was lack of due diligence by the authorised personnel of the CEIG. Appeal dismissed

SUPREME COURT OF INDIA DIVISION BENCH M.P. POWER MANAGEMENT COMPANY LIMITED, JABALPUR — Appellant Vs. M/S. SKY POWER SOUTHEAST SOLAR INDIA PRIVATE LIMITED AND OTHERS — Respondent ( Before :…

HELD It is not disputed that enhanced power tariff became effective from 1st January, 1992 and the Government of Kerala came with the GO dated 6th February, 1992 to provide exemption from enhanced power tariff to new industrial units starting commercial production between 1st January, 1992 and 31st December, 1996 for a period of 5 years from the date the unit started commercial production. . Appeal allowed

SUPREME COURT OF INDIA DIVISION BENCH KERALA STATE ELECTRICITY BOARD LIMITED AND ANOTHER — Appellant Vs. RUBFILA INTERNATIONAL LIMITED AND OTHERS — Respondent ( Before : Ajay Rastogi and C.T.…

Rajeev Gandhi assassination case – HELD therefore, direct that all the appellants/applicants be deemed to have served their respective sentences in connection with Crime No. 329 of 1991. The appellants/applicants are, therefore, directed to be set at liberty forthwith, if not required in any other case.

SUPREME COURT OF INDIA DIVISION BENCH R.P. RAVICHANDRAN — Appellant Vs. STATE OF TAMIL NADU REP. BY ITS CHIEF SECRETARY AND OTHERS — Respondent ( Before : B.R. Gavai and…

Test Identification Parade (TIP) – even if held, cannot be considered in all the cases as trustworthy evidence on which the conviction of an accused can be sustained – Conduct of the TIP, coupled with the hovering presence of the police during the conduct of the TIP vitiated the entire process

SUPREME COURT OF INDIA DIVISION BENCH GIREESAN NAIR AND OTHERS ETC. — Appellant Vs. STATE OF KERALA — Respondent ( Before : B.R. Gavai and Pamidighantam Sri Narasimha, JJ. )…

TDS on Commission and Brokerage – If a relationship between two parties as culled out from their intentions as manifested in the terms of the contract between them indicate the existence of a principal­ agent relationship as defined under Section 182 of the Contract Act, then the definition of “Commission” under Section 194H of the IT Act stands attracted and the requirement to deduct TDS arises

SUPREME COURT OF INDIA DIVISION BENCH SINGAPORE AIRLINES LIMITED — Appellant Vs. C.I.T., DELHI — Respondent ( Before : Surya Kant and M.M. Sundresh, JJ. ) Civil Appeal No. 6964-6965…

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