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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.

Criminal Appeal Against Order Of Conviction Cannot Be Dismissed For Default: Reiterates SC HELD We, therefore, set aside the judgment and order dated 22.04.2014 and remand the matter to be disposed of on  merits. Meanwhile, considering that the appellant has been in jail for a period of almost 11 years, we grant bail subject to the satisfaction of the trial Court.

Criminal Appeal Against Order Of Conviction Cannot Be Dismissed For Default: Reiterates SC [Read Order] Ashok Kini 10 July 2020 7:32 PM The Supreme Court recently set aside a Madras…

Object of Order VII Rule 11 (a) CPC is that if in a suit, no cause of action is disclosed, or the suit is barred by limitation under Rule 11 (d), the Court would not permit the plaintiff to unnecessarily protract the proceedings in the suit. It states that the plaint “shall” be rejected if any of the grounds specified in clause (a) to (e) are made out. Hence suit filed after 3 years of registered deed is barred under, Art 59 Limitation Act.

  SUPREME COURT OF INDIA DIVISION BENCH DAHIBEN — Appellant Vs. ARVINDBHAI KALYANJI BHANUSALI (GAJRA)(D) THR. LRS. AND OTHERS — Respondent ( Before : L. Nageswara Rao and Indu Malhotra,…

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