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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.

Guardian and Wards Act, 1890 – Sections 7, 8, 10 and 11 – Rights of child – It is indisputed that the rights of the child need to be respected as he/she is entitled to the love of both the parents – Even if there is a breakdown of marriage, it does not signify the end of parental responsibility – It is the child who suffers the most in a matrimonial dispute

Parental Responsibility Does Not End With Breakdown Of Marriage: SC [Read Judgment] LIVELAW NEWS NETWORK 18 Feb 2020 5:14 PM “The Courts should decide the issue of custody on a…

Service Matters

HELD that where the initial appointment is only ad hoc and not according to Rules and made as a stop gap arrangement, the officiation in such post cannot be taken into account for determining seniority. It was further held that the period of officiation can be counted if the initial appointment is not made by following the procedure laid down by the Rules but the appointees continued in the post uninterruptedly till the regularisation of his service in accordance with the Rules

UPREME COURT OF INDIA DIVISION BENCH VINOD GIRI GOSWAMI AND OTHERS — Appellant Vs. THE STATE OF UTTARAKHAND AND OTHERS — Respondent ( Before : L. Nageswara Rao and Deepak…

High Court has totally erred in relying on the lease deed dated 12.3.1997, which was found to be insufficiently stamped and brushing aside the report of the Registrar (Judicial), when the respondents had failed to pay the insufficient stamp duty and penalty as determined by the Registrar (Judicial) of the High Court of Karnataka. Dismissed

SUPREME COURT OF INDIA FULL BENCH M/S. DHARMARATNAKARA RAI BAHADUR ARCOT NARAINSWAMY MUDALIAR CHATTRAM AND ORS. — Appellant Vs. M/S BHASKAR RAJU & BROTHERS AND OTHERS — Respondent ( Before…

HELD we find that the High Court erred in law in interfering with the finding of fact recorded by the trial court as affirmed by the First Appellate Court. The findings of fact cannot be interfered with in a second appeal unless, the findings are perverse. The High Court could not have interfered with the findings of the fact.

SUPREME COURT OF INDIA DIVISION BENCH C. DODDANARAYANA REDDY (DEAD) BY LRS. AND OTHERS — Appellant Vs. C. JAYARAMA REDDY (DEAD) BY LRS. AND OTHERS — Respondent ( Before :…

In view of the Circular issued by the Central Board of Excise & Customs, the custom duty is to be calculated on the sale price and not on the duty as is payable on the date of deemed expiration of permitted period of warehouse. Such Circular of the Board is binding on the Revenue. Therefore, the custom duty has to be paid on the basis of sale proceeds realised

SUPREME COURT OF INDIA FULL BENCH UNION OF INDIA AND OTHERS — Appellant Vs. M/S. ASSOCIATED CONTAINER TERMINAL LIMITED — Respondent ( Before : A.M. Khanwilkar, Hemant Gupta And Dinesh…

……..it is evident that the 1976 Rules prescribed that a licence had to be obtained for the purposes of storing Hexane of the quantity involved in the instant case, and the Appellant has failed to comply with this requirement………..In the absence of such a licence, the Appellant could not have lawfully stored Hexane…….Non disclosure…..Respondent was justified in repudiating the claim of the Appellant on this ground.

SUPREME COURT OF INDIA DIVISION BENCH M/S BASPA ORGANICS LIMITED — Appellant Vs. UNITED INDIA INSURANCE COMPANY LIMITED — Respondent ( Before : Mohan M. Shantanagoudar and R. Subhash Reddy,…

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