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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.

Child Custody – During interaction on the video-conferencing platform, “S” son of the Appellant/Respondent indicated his desire to reside with his mother in Singapore – While the child is attached to the respondent, he has indicated, in no uncertain terms, his desire to live with his mother. Appeal allowed.

SUPREME COURT OF INDIA FULL BENCH MRS RITIKA SHARAN — Appellant Vs. MR SUJOY GHOSH — Respondent ( Before : Dr. Dhananjaya Y Chandrachud, Indu Malhotra and Indira Banerjee, JJ.…

U P Mining Minerals (Concession) R, 1963 – Rule 40(h) – disruption of mining operations- State of UP states that they are only liable to refund (i) any security deposit; or (ii) advance royalties paid to them, for this obstructed period – the State already consented and recorded in such order .

  SUPREME COURT OF INDIA DIVISION BENCH DHARMENDRA KUMAR SINGH — Appellant Vs. THE STATE OF UTTAR PRADESH AND OTHERS — Respondent ( Before : Sanjay Kishan Kaul and Hrishikesh…

Officers under Section 53 of NDPS Act are police; statement under Section 67 is confessional statement: Supreme Court in 2:1 judgment The Court noted that given the stringent provisions of the NDPS Act, they have to be construed bearing in mind the fact that the severer the punishment, the greater the care.

The Supreme Court has held by a 2:1 majority that officers under Section 53 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 are police officers (Tofan Singh v. State of Tamil…

DEFAULT BAIL – the magistrate ought to inform the accused of the availability of the indefeasible right u/S 167(2) CrPC once it accrues, without any delay.HELD Irrespective of the seriousness of the offence and the reliability of the evidence available, filing additional complaints merely to circumvent the application for default bail is an improper strategy.

  SUPREME COURT OF INDIA FULL BENCH  M. RAVINDRAN — Appellant Vs. THE INTELLIGENCE OFFICER, DIRECTORATE OF REVENUE INTELLIGENCE — Respondent ( Before : Uday Umesh Lalit, Mohan M. Shantanagoudar…

Service Matters

Service Law – Claim to re-employment – continuation in service – HELD the view in Indu Singh, 2017 SCC Online 1527 dealing with an identical statute, was correctly interpreted – Impugned judgment and orders of the High Court are set aside – Appellants consequently, to continue till the end of the following June on re-employment – Appeal allowed.

  SUPREME COURT OF INDIA DIVISION BENCH NAVIN CHANDRA DHOUNDIYAL — Appellant Vs. STATE OF UTTARAKHAND AND OTHERS — Respondent ( Before : Uday Umesh Lalit and S. Ravindra Bhat,…

Tender agreement – Termination of – enquiry report prepared by the M D was conducted ex parte & the M D failed to offer opportunity of hearing before passing the order impugned which terminated agreement for no justifiable reason to hold that the respondent was at fault . Bias therefore, cannot be ruled out, terminating the agreement cannot be sustained in law.

  SUPREME COURT OF INDIA FULL BENCH STATE OF U.P. — Appellant Vs. SUDHIR KUMAR SINGH AND OTHERS — Respondent ( Before : R.F. Nariman, Navin Sinha and K.M. Joseph,…

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