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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.
Service Matters

Gratuity Payable On Resignation From Employment After 5 Years Of Continuous Service: SC HELD ” As rightly pointed out by the learned counsel for the respondents, Section 4(1)(b) of the Payment of Gratuity Act, 1972 provides that the gratuity shall be payable if the termination of employment is after 5 years of continuous service and such termination would include resignation as well.

Gratuity Payable On Resignation From Employment After 5 Years Of Continuous Service: SC [Read Judgment] LIVELAW NEWS NETWORK 16 April 2020 8:09 AM ‘Termination’ under Section 4(1)(b) of Payment of…

SC Releases New Standard Operating Procedure For Hearings Via Videoconferencing During COVID Lockdown: [Read Circular] @ SC Releases New Standard Operating Procedure For Hearings Via Videoconferencing During COVID Lockdown: [Read Circular] SC Releases New Standard Operating Procedure For Hearings Via Videoconferencing During COVID Lockdown: [Read Circular] https://main.sci.gov.in/php/FAQ/5_6246991526434439183.pdf

SC Releases New Standard Operating Procedure For Hearings Via Videoconferencing During COVID Lockdown: [Read Circular] Sanya Talwar 15 April 2020 9:08 PM In pursuance of conducting Video Conference Hearings effectively,…

Exemption Clauses In Insurance Contracts Are To Be Construed Against Insurer In Case Of Doubt : SC HELD Where there is ambiguity in the policy the court will apply the contra proferentem rule. It means that ambiguity in the wording of the policy is to be resolved against the party who prepared the contract.

Exemption Clauses In Insurance Contracts Are To Be Construed Against Insurer In Case Of Doubt : SC [Read Judgment] LIVELAW NEWS NETWORK 15 April 2020 7:48 PM In a notable…

Medical Oxygen IP & Nitrous Oxide IP Are ‘Drugs’ Under Section 3(b)(i) Of Drugs & Cosmetics Act 1940 : SC HELD “There is no doubt that Medical Oxygen IP and Nitrous Oxide IP are medicines used for or in the diagnosis, treatment, mitigation or prevention of any disease or disorder in human beings falling within the ambit of Section 3(b)(i) of the 1940 Act. We hold that Medical Oxygen IP and Nitrous Oxide IP fall within the ambit of Section 3(b)(i) of the 1940 Act and are consequently covered in Entry 88 of the 2005 Act”,

Medical Oxygen IP & Nitrous Oxide IP Are ‘Drugs’ Under Section 3(b)(i) Of Drugs & Cosmetics Act 1940 : SC [Read Judgment] LIVELAW NEWS NETWORK 14 April 2020 2:56 PM…

Service Matters

HELD As per the Government letter Centre has been merged with Institute of Distance Education, what are the consequences of merger of Centre with Institute of Distance Education have neither been explained by the appellant nor there are any material to come to the conclusion that by such merger the Centre shall become Centre maintained by the University. Appeal dismissed.

SUPREME COURT OF INDIA DIVISION BENCH P. GOPINATHAN PILLAI — Appellant Vs. UNIVERSITY OF KERALA AND OTHERS — Respondent ( Before : Ashok Bhushan and M.R. Shah, JJ. ) Civil…

Service Matters

[Haryana PTI Selections] Principle Of Estoppel Does Not Apply When There Were Glaring Illegalities In Candidate Selection Procedure: SC HELD that the preposition that a candidate, who participates in a selection without a demur taking a calculated chance to get selected cannot turn around and challenge the criteria of selection and the constitution of the selection committee is well settled.

[Public Employment] Principle Of Estoppel Does Not Apply When There Were Glaring Illegalities In Candidate Selection Procedure: SC [Read Judgment] LIVELAW NEWS NETWORK 9 April 2020 12:42 PM The Supreme…

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