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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.

Penal Code, 1860 (IPC) – Sections 420, 467 and 468 – Evidence Act, 1872 – Section 45 – Forged signature – Indira Vikas Patra – Hand-writing expert – It is fairly well settled that before acting upon the opinion of the hand-writing expert, prudence requires that the court must see that such evidence is corroborated by other evidence either direct or circumstantial evidence

SUPREME COURT OF INDIA DIVISION BENCH PADUM KUMAR — Appellant Vs. STATE OF UTTAR PRADESH — Respondent ( Before : R. Banumathi and A.S. Bopanna, JJ. ) Criminal Appeal No.…

Kerala Buildings (Lease and Rent Control), Act, 1965 – Sections 11(2), 11(3) and 11(4)(i) and 11(4)(ii) – Eviction – Sub-letting – A bare reading of sub-para (i) of sub-section (4) of Section 11 of the said Act leaves no manner of doubt that the cause arises upon the tenant transferring his rights under a lease and sub-lets the entire building “or any portion thereof”, if the lease does not confer on him any right to do so. Thus, sub-letting of any part of the tenanted premises gives right to eviction from the whole premises

SUPREME COURT OF INDIA DIVISION BENCH K. LUBNA AND OTHERS — Appellant Vs. BEEVI AND OTHERS — Respondent ( Before : Sanjay Kishan Kaul and K.M. Joseph, JJ. ) Civil…

IMP: Motor Vehicles Act, 1988 – Sections 140, 166 and 166(1)(c) – Fatal motor accident – Compensation Whether the major sons of the deceased who are married and gainfully employed or earning, can claim compensation under the Motor Vehicles Act, 1988? Held:- YES claimants were working as agricultural labourers on contract basis and were earning meagre income between Rs. 1,00,000/­ and Rs. 1,50,000/­ per annum. In that sense, they were largely dependant on the earning of their mother and in fact, were staying with her, who met with an accident at the young age of 48 years.

SUPREME COURT OF INDIA DIVISION BENCH NATIONAL INSURANCE COMPANY LIMITED — Appellant Vs. BIRENDER AND OTHERS — Respondent ( Before : A.M. Khanwilkar and Dinesh Maheshwari, JJ. ) Civil Appeal…

Commissions for Protection of Child Rights Act, 2005 – Sections 13, 13(1), 13(2), 13(1)(c), 13(1)(j), 14, 15 and 24 – Large scale trafficking of children – If the State Commission in such a case asks for assistance from the National Commission or some other State Commission where the child may have been illegally trafficked, the National Commission or the other State Commission(s) should cooperate with the Commission inquiring into the matter

SUPREME COURT OF INDIA DIVISION BENCH NATIONAL COMMISSION FOR PROTECTION OF CHILD RIGHTS AND OTHERS — Appellant Vs. DR. RAJESH KUMAR AND OTHERS — Respondent ( Before : Deepak Gupta…

SC Directs States To Appoint Exclusive Public Prosecutors In POCSO Courts HELD – POCSO cases. Sub-Section 1 of Section 32 reads as follows: “Every State must by Notification appoint a Special Public Prosecutor for every Special Court for conducting cases only under the provisions of the Act.”

SC Directs States To Appoint Exclusive Public Prosecutors In POCSO Courts [Read Order] LIVELAW NEWS NETWORK 12 Jan 2020 6:47 PM “Public Prosecutors must be trained to deal with child…

Service Matters

Orissa Service Code, 1939 – Rule 72 – Departmental proceeding – Unauthorized leave overstay – In the present case, This Court are inclined to think that the respondent by remaining away from duty since 1991 to 1998 without producing contemporaneous medical record has not only been irresponsible and indisciplined but tried to get away with it by producing the certificate of a specialist Doctor who may not have treated the respondent.

SUPREME COURT OF INDIA DIVISION BENCH STATE OF ODISHA AND OTHERS — Appellant Vs. GANESH CHANDRA SAHOO — Respondent ( Before : D.Y. Chandrachud and Hrishikesh Roy, JJ. ) Civil…

IMP – KASHMIR SHUTDOWN – – Constitution of India, 1950 – Article 19(1)(a) and 19(1)(g) – Right to freedom of speech and expression – Freedom of speech and expression and the freedom to practice any profession or carry on any trade, business or occupation over the medium of internet enjoys constitutional protection under Article 19(1)(a) and Article 19(1)(g). Restriction upon such fundamental rights should be in consonance with the mandate under Article 19(2) and (6) of the Constitution, inclusive of the test of proportionality Repetitive orders under Section 144, Cr.P.C. would be an abuse of power.

SUPREME COURT OF INDIA FULL BENCH ANURADHA BHASIN — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : N.V. Ramana, R. Subhash Reddy and B.R. Gavai, JJ.…

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