Latest Post

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.
Service Matters

HELD according to the said University, though the employment was contractual but the employee was entitled to get all the benefits of a regular employee – Appellant’s services could not have been terminated without following the principles of natural justice – Appellant is directed to be reinstated with continuity in service

SUPREME COURT OF INDIA DIVISON BENCH K. RAGUPATHI — Appellant Vs. THE STATE OF UTTAR PRADESH AND OTHERS — Respondent ( Before : L. Nageswara Rao and B.R. Gavai, JJ.…

Order XXVI Rule 9 of the Code (CPC) gives wide powers to the court to appoint a commissioner to make local investigations which may be requisite or proper for elucidating any matter in dispute, ascertaining the market value of any property, account of mesne profit or damages or annual net profits.

SUPREME COURT OF INDIA DIVISON BENCH M.P. RAJYA TILHAN UTPADAK SAHAKARI SANGH MARYADIT, PACHAMA, DISTRICT SEHORE AND OTHERS — Appellant Vs. M/S. MODI TRANSPORT SERVICE — Respondent ( Before :…

Service Matters

When the Pension Regulations and the GPF Scheme are read together, the necessary conclusion is that an employee must give his option for either continuing to be a member of the CPF Scheme or to switch over to the Pension and GPF Scheme. HELD that an employee had no inherent right to demand extension for exercising the switchover option.

SUPREME COURT OF INDIA DIVISON BENCH UNIVERSITY OF DELHI — Appellant Vs. SMT. SHASHI KIRAN AND OTHERS ETC. — Respondent ( Before : Uday Umesh Lalit and Vineet Saran, JJ.…

Service Matters

Uttar Pradesh State Universities Act, 1973 – Section 31 – Termination – Selection of the appellant was done after following the selection procedure as prescribed by the 1973 Act – Appellant had served for a period of 12 years before the order directing his termination was passed by Chancellor – Termination of appellant is not sustainable in law.

SUPREME COURT OF INDIA DIVISON BENCH RAM CHANDRA — Appellant Vs. STATE OF UTTAR PRADESH AND OTHERS — Respondent ( Before : L. Nageswara Rao and B.R. Gavai, JJ. )…

Minimum Wages – when the earlier notification was issued after following the due procedure as required under Sections 4 and 5 of the Act, 1948, the same procedure ought to have been followed even while varying and/or modifying the notification – Hence, the notification could not have been modified by such an Errata Notification

SUPREME COURT OF INDIA DIVISON BENCH GOMANTAK MAZDOOR SANGH — Appellant Vs. STATE OF GOA AND ANOTHER — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. ) Civil…

You missed