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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.

There is no application of mind at all by the High Court on merits of the order passed by the Tribunal – It can be seen that the High Court has failed to exercise its jurisdiction vested in it while exercising the powers under Article 226/227 of the Constitution of India – Matter remand to High Court for deciding the writ petition afresh in accordance with law.

SUPREME COURT OF INDIA DIVISION BENCH STATE OF UTTARAKHAND AND ANOTHER — Appellant Vs. MAYAN PAL SINGH VERMA — Respondent ( Before : M. R. Shah and B.V. Nagarathna, JJ.…

Arbitration and Conciliation Act, 1996 – Section 34 – Micro, Small and Medium Enterprise Development Act, 2006 – Section 19 – While challenge to award under section 34 of the Arbitration Act, 1996 – Pre-deposit of 75% of the awarded amount under section 19 of the MSMED Act, 2006 is a mandatory requirement.

SUPREME COURT OF INDIA DIVISION BENCH M/S TIRUPATI STEELS — Appellant Vs. M/S SHUBH INDUSTRIAL COMPONENT AND ANOTHER — Respondent ( Before : M. R. Shah and B.V. Nagarathna, JJ.…

Land Acquisition Act, 1894 – Section 18 – Maharashtra Industrial Development Act, 1961 – Sections 32(2) and 34 – Acquisition of land – Enhancement of compensation – Future use of the acquired land cannot be the main criteria to determine the compensation for the lands acquired

SUPREME COURT OF INDIA DIVISION BENCH RAMRAO SHANKAR TAPASE — Appellant Vs. MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPN. AND OTHERS — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. )…

Service Matters

Service Law – Public servant – Removal to compulsory retirement – Corrupt charges – – Fraud by way of fraudulent withdrawal in 85 RD accounts and by way of non-credit of deposits in 71 RD accounts and defrauded a sum of Rs.16,59,065 – Mere deposit of defrauded amount no lenient view – Dismissal converted compulsory retirement

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND OTHERS — Appellant Vs. M. DURAISAMY — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. ) Civil Appeal…

What is required to be considered is what was under challenge before the Tribunal as well as the High Court – and not the subsequent reduction of penalty by the CIT(A) – Therefore, it cannot be said that the appeal before the High Court at the instance of the Revenue challenging the order passed by the ITAT was not maintainable in view of CBDT circular.

SUPREME COURT OF INDIA DIVISION BENCH LATE SHRI GYAN CHAND JAIN THROUGH LR — Appellant Vs. COMMISSIONER OF INCOME TAX-I — Respondent ( Before : M.R. Shah and B.V. Nagarathna,…

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