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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.

Consumer Protection Act, 1986 – Section 2(1)(d), 2(1)(e), 2(1)(f), 2(1)(g) and 2(1)(o) – Validity of imposition of “composition fee” and “extension fee” – This Court hold that the determination of the dispute concerning the validity of the imposition of a statutory due arising out of a “deficiency in service”, can be undertaken by the consumer fora as per the provisions of the Act – HUDA vs. Sunita, (2005) 2 SCC 479, overruled.

SUPREME COURT OF INDIA FULL BENCH  PUNJAB URBAN PLANNING AND DEVELOPMENT AUTHORITY (NOW GLADA) — Appellant Vs. VIDYA CHETAL AND RAM SINGH — Respondent ( Before : N.V. Ramana, Mohan…

Ancestral Property—Karta of HUF executed sale deed of Co-parcenary Property in favour his second wife without any sale consideration—Such sale of HUF property was not for legal necessity or benefit to the estate-Sale deed executed by karta and further sale by his second wife to subsequent purchasers held to be null and void

2019(3) Law Herald (SC) 2054 : 2019 LawHerald.Org 1257 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Uday Umesh Lalit Hon’ble Mrs. Justice Indu Malhotra Civil Appeal No.…

Criminal Appeal—Absence of Accused—When the accused was neither present nor represented through counsel. High Court without appointing an amicus curiae to defend the accused, ought not to have decided the criminal appeal on merits; more so, when the appellant-accused had the benefit of the acquittal

2019(3) Law Herald (SC) 2019 : 2019 LawHerald.Org 1251 IN THE SUPREME COURT OF INDIA Before Honble Mrs. Justice R. Banumathi Hon’ble Mr. Justice A.S. Bopanna Criminal Appeal Nos. 986-987…

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