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The complainant contended that the basis of valuation as mentioned in clause-4.3 of the policy was “All exports-CIF + 10%”. This meant that the complainant had an insurable interest in the consignments until they were delivered to the buyer – The insurer argued that the basis of valuation was “FOB” and that the insurance coverage terminated on delivery of the consignment to the port of New York – The NCDRC rejected the review application, holding that the complainant had not proved that the basis of valuation was “All exports-CIF + 10%” – The NCDRC also held that the NCDRC had not erred in holding that the insurance coverage terminated on delivery of the consignment to the warehouse. Penal Code, 1860 (IPC) — Section 307 — Attempt to Murder — The complainant was abused and beaten by the accused, leading to an FIR under various IPC sections —Whether the injuries sustained by the complainant justify framing charges under Section 307 IPC — Petitioner argues that the injuries and the act of throttling indicate an intention to kill, warranting charges under Section 307 IPC — Respondent states that the injuries were minor, and the medical report did not conclusively support the charge of attempt to murder —The Supreme Court set aside the High Court’s order, directing the trial court to frame charges under Section 307 IPC —The intent to kill can be inferred from the circumstances and the doctor’s report suggesting the possibility of throttling —The extent of injuries is irrelevant if the intent to cause death is present, as per established legal precedents —The trial court must proceed with charges under Section 307 IPC, and the trial should be expedited. The polluter is absolutely and continuously liable for environmental damage until the damage is reversed, and the government must enforce environmental laws, ensure compensation, and implement restoration measures. Employers cannot terminate workers during industrial disputes without permission, and workers performing equal duties are entitled to equal pay and potential regularization. Offence under Sections 3(1)(r) and 3(1)(s) of the SC-ST Act to be made out, the act of insult or intimidation must occur in a place “within public view,” and if the incident occurs in a private space without public witnesses, it does not satisfy the requirements of the Act. Consequently, the court can quash the proceedings if the allegations do not prima facie constitute an offence under the SC-ST Act.

The complainant contended that the basis of valuation as mentioned in clause-4.3 of the policy was “All exports-CIF + 10%”. This meant that the complainant had an insurable interest in the consignments until they were delivered to the buyer – The insurer argued that the basis of valuation was “FOB” and that the insurance coverage terminated on delivery of the consignment to the port of New York – The NCDRC rejected the review application, holding that the complainant had not proved that the basis of valuation was “All exports-CIF + 10%” – The NCDRC also held that the NCDRC had not erred in holding that the insurance coverage terminated on delivery of the consignment to the warehouse.

Penal Code, 1860 (IPC) — Section 307 — Attempt to Murder — The complainant was abused and beaten by the accused, leading to an FIR under various IPC sections —Whether the injuries sustained by the complainant justify framing charges under Section 307 IPC — Petitioner argues that the injuries and the act of throttling indicate an intention to kill, warranting charges under Section 307 IPC — Respondent states that the injuries were minor, and the medical report did not conclusively support the charge of attempt to murder —The Supreme Court set aside the High Court’s order, directing the trial court to frame charges under Section 307 IPC —The intent to kill can be inferred from the circumstances and the doctor’s report suggesting the possibility of throttling —The extent of injuries is irrelevant if the intent to cause death is present, as per established legal precedents —The trial court must proceed with charges under Section 307 IPC, and the trial should be expedited.

Theft of electricity by a company–Prosecution of directors of company– It was obligatory on the part of the complainant not only to make requisite averments in the complaint petition but also to prove that any of the Directors who had been prosecuted for alleged commission of the aforementioned offence was incharge of and was otherwise responsible for the conduct or the affairs of the Company– Conviction set aside

2009(1) LAW HERALD (SC) 314 IN THE SUPREME COURT OF INDIA Before  The Hon’ble Mr. Justice  S.B. Sinha The Hon’ble Mr. Justice  Cyriac Joseph Criminal Appeal No. 1962 of 2008…

Decree against dead person–Death of defendant pending appeal–An application made for substitution of legal representatives, but no order passed by Court through inadvertence–Decree drawn against dead defendant–Decree executable against legal representatives–It was essentially a technical error–Held, act of court should do no harm to a litigant– Civil Procedure Code, 1908, Section 47–Civil Procedure Code, 1908, Order 23 Rule 2.      

2009(1) LAW HERALD (SC) 309 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Altamas Kabir The Hon’ble Mr. Justice Markandey Katju Civil Appeal Nos. 6850-6851 of 2008…

Criminal Law–Bail–Grant of–Though detailed examination of the evidence and elaborate documentation of the merits of the case is to be avoided by the Court while passing orders on bail applications, yet a court dealing with the bail application should be satisfied as to whether there is a prima facie case, but exhaustive exploration of the merits of the case is not necessary

2009(1) LAW HERALD (SC) 284 IN THE SUPREME COURT OF INDIA Before  The Hon’ble Mr. Justice  Arijit Pasayat The Hon’ble Mr. Justice  Mukundakam Sharma Criminal Appeal No. 1893 of 2008…

During pendency of appeal bail allowed in the year 2006–The incident is 30 years old and after being released in 2006 on bail, it will not be proper to send the accused back to jail, more particularly, because nothing has been stated against him regarding his indulgence in any criminal activity–Sentence reduced to already undergone–Penal Code, 1860, Section 326. 

2009(1) LAW HERALD (SC) 282 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice  V.S.Sirpurkar Criminal Appeal No.1833 of 2008 (Arising out…

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