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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.

Acquittal – Dowry death – Presumption – Ingredients of the offence are well-settled – A marriage performed within seven years before the death of the wife – Death must be unnatural – Soon before the death, the deceased wife must have been at the receiving end of cruelty or harassment, on account of demand for dowry – It is described as dowry death – Relatives concerned, including husband, become liable – Section 113B of the Evidence Act comes to the rescue of the prosecutor by providing for a presumption that a person has caused dowry death

SUPREME COURT OF INDIA FULL BENCH SANDEEP KUMAR AND OTHERS — Appellant Vs. STATE OF UTTARAKHAND AND ANOTHER — Respondent ( Before : Rohinton Fali Nariman, K.M. Joseph and Aniruddha…

Unjust enrichment of a person occurs when he has and retains money or benefits which in justice and equity belong to another – Doctrine of unjust enrichment could have been attracted if the respondent had passed on the electricity duty to its customers and then retained the refund occasioned by the 50 per cent rebate in its own pocket – This is not demonstrated to be the factual position and hence, the respondent cannot be denied relief on the application of the doctrine.

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF JHARKHAND AND OTHERS — Appellant Vs. BRAHMPUTRA METALLICS LTD., RANCHI AND ANOTHER — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud…

RBI Loan moratorium – HELD petitioner has expressed its satisfaction on the measures taken by the Government of India redressing grievances of the petitioner – Court dispose of the present writ petition with directions to the respondents to ensure that all steps be taken to implement the decision dated 23.10.2020 of the Government of India

SUPREME COURT OF INDIA FULL BENCH GAJENDRA SHARMA — Appellant Vs. UNION OF INDIA AND ANOTHER — Respondent ( Before : Ashok Bhushan, R. Subhash Reddy and M.R. Shah, JJ.…

Basic rule of criminal justice system is “bail, not jail”- Right to life and personal liberty- HELD the High Court should not foreclose itself from the exercise of the power when a citizen has been arbitrarily deprived of their personal liberty in an excess of state power.

SUPREME COURT OF INDIA DIVISION BENCH ARNAB MANORANJAN GOSWAMI — Appellant Vs. THE STATE OF MAHARASHTRA AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y Chandrachud and Indira Banerjee,…

Admission – Super Specialty Medical Courses – Reservation – This Court direct that the counselling for admission to Super Specialty Medical Courses for the academic year 2020-2021 shall proceed on a date to be fixed by the competent authority without providing for reservations to in-service doctors for the academic year 2020-2021

SUPREME COURT OF INDIA FULL BENCH DR. PRERIT SHARMA AND OTHERS — Appellant Vs. DR. BILU B.S. & ORS. — Respondent ( Before : L. Nageswara Rao, Hemant Gupta and…

Service Matters

Tribunal, Appellate Tribunal and other Authorities (Qualification, Experience and Other Conditions of Service of Members) Rules, 2020 – Advocates with experience of 10 years will be eligible for appointment as judicial members in tribunals – Members of Indian Legal Service will also be eligible for appointment as judicial members provided they fulfill same criteria as advocates.

SUPREME COURT OF INDIA FULL BENCH MADRAS BAR ASSOCIATION — Appellant Vs. UNION OF INDIA AND ANOTHER — Respondent ( Before : L. Nageswara Rao, Hemant Gupta and S. Ravindra…

Service Matters

Rajasthan Commercial Taxes Subordinate Services (General Branch) Rules, 1975- HELD To forestall any apprehensions as to which of the appointees would be senior, and if those from the earlier process are appointed later, the proviso clarifies that candidates from the earlier process would rank senior

SUPREME COURT OF INDIA DIVISION BENCH MANOHAR LAL JAT AND OTHERS ETC — Appellant Vs. THE STATE OF RAJASTHAN AND OTHERS ETC — Respondent ( Before : Indira Banerjee and…

Arbitration and Conciliation Act, 1996 – Section 50 – Commercial Courts Act, 2015 – Section 13(1) – Foreign award – Enforcement of – A further appeal by a party aggrieved by an order of enforcement, even under the later enacted Commercial Courts Act, 2015 is not maintainable

SUPREME COURT OF INDIA DIVISION BENCH NOY VALLESINA ENGINEERING SPA, (NOW KNOWN AS NOY AMBIENTE S.P.A) — Appellant Vs. JINDAL DRUGS LIMITED AND OTHERS — Respondent ( Before : Indira…

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