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.

Whether the acceptance of a conditional offer with a further condition results in a concluded contract, irrespective of whether the offerer accepts the further condition proposed by the acceptor, Held, Acceptance of a conditional offer with a further condition does not result in a concluded Contract.

SUPREME COURT OF INDIA DIVISION BENCH M/S. PADIA TIMBER COMPANY(P) LIMITED — Appellant Vs. THE BOARD OF TRUSTEES OF VISAKHAPATNAM PORT TRUST THROUGH ITS SECRETARY — Respondent ( Before :…

Original claimants are permitted to withdraw 25% of the enhanced amount of compensation, as awarded together with proportionate interest and cost, without furnishing any security and the balance 75% together with proportionate cost and interest, as awarded is permitted to be invested in a fixed deposit in any nationalised bank with cumulative interest, it will meet the end of justice and take care of the interest of both the parties.

SUPREME COURT OF INDIA FULL BENCH NAYARA ENERGY LIMITED — Appellant Vs. THE STATE OF GUJARAT AND OTHERS — Respondent ( Before : Ashok Bhushan, R. Subhash Reddy and M.R.…

Admission in Medical Courses – Benefit of ‘First Priority’ Policy – Candidates whose parents were domiciles of the UT of Dadra and Nagar Haveli or Daman and Diu and had studied the same place(s) mentioned above for at least the classes of 8th to 12th standards, their children are eligibile for the same

SUPREME COURT OF INDIA DIVISION BENCH MUSKAN SAMIR MODASIA — Appellant Vs. UNION OF INDIA AND ANOTHER — Respondent ( Before : Indira Banerjee and Hemant Gupta, JJ. ) Petition(s)…

Arbitration and Conciliation Act, 1996 – Section 34 – HELD – this is a case where the inferences drawn are a non-sequitur to the plain and simple words of the e-mails/communications read in evidence, which were before the Tribunal and which do not support the inferences drawn. In this view of the matter, clearly the approach of the majority of arbitrators is arbitrary and capricious; and therefore cannot pass judicial muster. (See : Associate Builders v. DDA, (2015) 3 SCC 49)

SUPREME COURT OF INDIA DIVISION BENCH ANGLO AMERICAN METALLURGICAL COAL PTY LIMITED — Appellant Vs. MMTC LIMITED — Respondent ( Before : Rohinton Fali Nariman and K.M. Joseph, JJ. )…

FARMERS AGITATION : We clarify that this Court will not interfere with the protest in question. Indeed the right to protest is part of a fundamental right and can as a matter of fact, be exercised subject to public order. There can certainly be no impediment in the exercise of such rights as long as   it is non-violent and does not result in damage to the life and properties of other citizens and is in accordance with law. We are of the view at this stage that the farmers’ protest should be allowed to continue without impediment

1 ITEM NO.28 TO 32 Court 1 (Video Conferencing) SECTION X/PIL-W S U P R E M E C O U R T O F I N D I A…

Dowry death – Cancellation of Anticipatory Bail of in-laws of the deceased- Grant of anticipatory bail in such a serious offence would operate to obstruct the investigation – It is a well settled principle of law that the setting aside of an “unjustified, illegal or perverse order” granting bail is distinct from the cancellation of bail – Investigation transferred to CBI

SUPREME COURT OF INDIA FULL BENCH DR. NARESH KUMAR MANGLA — Appellant Vs. SMT. ANITA AGARWAL AND OTHERS ETC. — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, Indu Malhotra…

Service Matters

CAS promotion, the incumbent teacher must have holding a substantive sanctioned post, as much as CAS promotion being a personal promotion to the incumbent teacher – promotion under the scheme, is to be given benefit only from the entry of service of such incumbent into the University – Action of university upheld writ dismissed

SUPREME COURT OF INDIA FULL BENCH REGISTRAR, KARNATAKA UNIVERSITY AND ANOTHER — Appellant Vs. DR. PRABHUGOUDA AND ANOTHER — Respondent ( Before : Ashok Bhushan, R. Subhash Reddy and M.R.…

You missed