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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.

IMP : (Cr.PC) – S 125 – Maintenance in all cases will be awarded from the date of filing the application for maintenance. For enforcement/execution of orders of maintenance, an order or decree of maintenance may be enforced under S 28A of the H M A, 1956; S 20(6) of the D.V. Act; and S 128 of Cr.P.C., as may be applicable – Order of maintenance may be enforced as a money decree of a civil court as per the provisions of the CPC, more particularly Ss 51, 55, 58, 60 r.w. Order XXI.

SUPREME COURT OF INDIA DIVISION BENCH RAJNESH — Appellant Vs. NEHA AND ANOTHER — Respondent ( Before : Indu Malhotra, and R. Subhash Reddy, JJ. ) Criminal Appeal No. 730…

(IPC) – S 302, 34 – Refusal to undergo Test Identification Parade (TIP) – Guilt cannot be based purely on the refusal to undergo a (TIP) – Ballistics evidence connecting the empty cartridges & the bullets recovered from the body of the deceased with an alleged weapon of offence is contradictory and suffers from serious infirmities. Appeal allowed.

SUPREME COURT OF INDIA FULL BENCH RAJESH @ SARKARI AND ANOTHER — Appellant Vs. STATE OF HARYANA — Respondent ( Before : Dr. Dhananjaya Y Chandrachud, Indu Malhotra and Indira…

Kerala Conservation of Paddy Land and Wetland Act, 2008 – Kerala Wetlands (Conservation and Management) Rules, 2010 – Rule 4 – Restrictions on activities within wetlands -It is open to the Appellant to challenge the order of the Collector dated 30.04.2019 in accordance with law –

SUPREME COURT OF INDIA FULL BENCH THOMAS LAWRENCE — Appellant Vs. THE STATE OF KERALA AND OTHERS — Respondent ( Before : Rohinton Fali Nariman, Navin Sinha and Indira Banerjee,…

Insolvency and Bankruptcy Code is at a nascent stage and it is better that the interpretation of the provisions of the Code is taken up by this Court to avoid any confusion, and to authoritatively settle the law – Personal gurantor – Writ Petitions are transferred from the High Courts to SCOI

SUPREME COURT OF INDIA FULL BENCH  INSOLVENCY AND BANKRUPTCY BOARD OF INDIA — Appellant Vs. LALIT KUMAR JAIN AND OTHERS — Respondent ( Before : L. Nageswara Rao, Hemant Gupta…

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