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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.

Contempt Petition (Civil) -We do not see anything wrong in the process undertaken by the State Government in pursuance of various interim orders passed by this Court and also in pursuance of the Judgment and final order dated 25.07.20171. The fact that out of 12,091 candidates only few could be selected and the reasons for non-selection of rest of the candidates, were part of the record since October 2016.

SUPREME COURT OF INDIA DIVISION BENCH SANJAI KUMAR AND OTHERS — Appellant Vs. DR. PRABHAT KUMAR — Respondent ( Before : Uday Umesh Lalit and M. R. Shah, JJ. )…

Service Matters

Uttar Pradesh Development Authorities Centralized Services Rules, 1985 – Rule 24(3) – Promotion – Condition of length of ten years’ service was relaxed -In any case the appellant is entitled to be promoted with effect from 18.01.1995 i.e. the date on which the juniors to him were promoted – Non – concurrence with the U.P. Public Service Commission, at the most would make the appointment of the appellant irregular and not illegal

SUPREME COURT OF INDIA FULL BENCH SIRAJ AHMAD — Appellant Vs. STATE OF UTTAR PRADESH AND ANOTHER — Respondent ( Before : S.A. Bobde, CJI, B.R. Gavai and Surya Kant,…

Penal Code, 1860 (IPC) – Sections 302, 363, 364, 364-A and 365 and Section 120-B – Arms Act, 1959 – Section 21 (1)(a) – Explosives Act, 1884 – Section 3 and 5 – Murder – Acquittal – Last seen together theory -Apart from Extra-Judicial Confession by Appellant Accused No.-1 no direct evidence was adduced by the prosecution to establish involvement of the accused in the alleged crime. Entire case of the prosecution was based on circumstantial evidence and theory of last seen together.

SUPREME COURT OF INDIA FULL BENCH SHAILENDRA RAJDEV PASVAN AND OTHERS — Appellant Vs. STATE OF GUJARAT ETC. — Respondent ( Before : N.V. Ramana, Sanjiv Khanna and Krishna Murari,…

Loss and damages – Repudiation of Claim – It is a settled position that an insurance company cannot travel beyond the grounds mentioned in the letter of repudiation – If the insurer has not taken delay in intimation as a specific ground in letter of repudiation, they cannot do so at the stage of hearing of the consumer complaint before NCDRC

SUPREME COURT OF INDIA DIVISION BENCH SAURASHTRA CHEMICALS LTD. (PRESENTLY KNOWN AS SAURASHTRA CHEMICALS DIVISION OF NIRMA LTD.) — Appellant Vs. NATIONAL INSURANCE CO. LIMITED — Respondent ( Before :…

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