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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 ::: Insolvency and Bankruptcy Code, 2016 – Sections 5(8) and 43 – Mortgage by a Corporate debtor to secure debts of third party not “Financial Debt” within meaning of Section 5(8) – Whether lenders of Jaiprakash Associates Limited could be treated as financial creditors, HELD it cannot be said that the corporate debtor owes them any ‘financial debt’ within the meaning of Section 5(8) of the Code; and hence, such lenders of Jaiprakash Associates Limited do not fall in the category of the ‘financial creditors’ of the corporate debtor Jaypee Infratech Limited – Appeals are allowed

SUPREME COURT OF INDIA DIVISION BENCH ANUJ JAIN INTERIM RESOLUTION PROFESSIONAL FOR JAYPEE INFRATECH LIMITED — Appellant Vs. AXIS BANK LIMITED ETC. ETC. — Respondent ( Before : A.M. Khanwilkar…

Criminal Procedure Code, 1973 (CrPC) Section 340 read with 195 – Penal Code, 1860 (IPC) – Sections 420, 467, 468 and 471 – Production of forged documents before the Revenue Court – Larger bench to consider (i) Whether Section 340 of the Code of Criminal Procedure, 1973 mandates a preliminary inquiry and an opportunity of hearing to the would-be accused before a complaint is made under Section 195 of the Code by a Court? (ii) What is the scope and ambit of such preliminary inquiry?

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF PUNJAB — Appellant Vs. JASBIR SINGH — Respondent ( Before : Ashok Bhushan and Mohan M. Shantanagoudar, JJ. ) Criminal Appeal…

Bihar and Orissa Public Demands Recovery Act, 1914 – Section 28 – Deposit of amount – Word “deposit” used in the Section, is to be understood and mean that deposit is to be made either, before making an application, or simultaneously with the application within the prescribed time of thirty days

SUPREME COURT OF INDIA DIVISION BENCH NARAYAN YADAV (D) THR.LRS. — Appellant Vs. THE STATE OF BIHAR AND OTHERS — Respondent ( Before : L. Nageswara Rao and R. Subhash…

Service Matters

Life Insurance Corporation of India (Staff) Regulations, 1960 – Regulations 39(1), 39(4)(i) and 39(4) – Penalty imposed on employee on the grounds of conduct which had led to a conviction on a criminal charge – Where the respondent was convicted of various criminal offences and subsequently, a notice to show cause was issued – HELD DB of high court was in error to hold the action on notice pending, decision of criminal appeal

SUPREME COURT OF INDIA DIVISION BENCH LIFE INSURANCE CORPORATION OF INDIA — Appellant Vs. MUKESH POONAMCHAND SHAH — Respondent ( Before : Dr. Dhananjaya Y Chandrachud and Hemant Gupta, JJ.…

Bail Applications Need To Be Disposed Of Expeditiously & Finally: SC Records ‘Displeasure’ About Long Pendency Of Bail Plea In HC HELD “We have no hesitation in observing that adopting such a course, that too, by a constitutional Court, is wholly unfathomable and must be eschewed.”

Bail Applications Need To Be Disposed Of Expeditiously & Finally: SC Records ‘Displeasure’ About Long Pendency Of Bail Plea In HC [Read Order] LIVELAW NEWS NETWORK 21 Feb 2020 12:56…

Himachal Land Revenue Act, 1954 – Sections 32, 32(2)(a), 34, 45 and 46 – Evidence Act, 1872 – Sections 35 and 109 – Presumption of truth attached to the revenue record can be rebutted if such entry was made fraudulently or surreptitiously – Presumption of truth attached to the record-of-rights can be rebutted only if there is a fraud in the entry or the entry was surreptitiously made or that prescribed procedure was not followed

SUPREME COURT OF INDIA DIVISION BENCH SHRI PARTAP SINGH (DEAD) THROUGH LRS. AND OTHERS — Appellant Vs. VERSUS SHIV RAM (DEAD) THROUGH LRS. — Respondent ( Before : L. Nageswara…

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