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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.

Murder—Death Penalty—The conduct of the convict in prison cannot be lost sight of and is a relevant mitigating factor Duty of Court—It is duty of Court to be constitutionally correct even when its view is counter-majoritarian  the public opinion Murder—Death Sentence—Possibility of Reform—Probability and possibility of reform of a criminal can be done properly only through psychological/psychiatric evaluation–Media Trial-It has almost become a trend for the investigating agency to present their version and create a cloud in the collective conscience of the society regarding the crime and the criminal

2018(4) Law Herald (SC) 3078 : 2018 LawHerald.Org 1858 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Deepak Gupta Hon’ble Mr. Justice Hemant Gupta Criminal Appeal No(S). 1482-1483…

Criminal Complaint–Preliminary Inquiry under Section 202 Cr.P.C.–Although an accused has no right to participate unless the process is issued, he may remain present either in person or through a counsel or a agent with a view to be informed of what is going on. Cognizable Offence–Information to police–Even in a case where no action is taken by police, the informant’s remedy lies under Section 190 and 200 of the Cr.P.C.

2009(1) LAW HERALD (SC) 219 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. 2054 of 2008…

Service Matters

Appointment of Judge–Once the Government on being satisfied that a suitable candidate who was earlier appointed as an Additional Judge is suitable for appointment as a permanent Judge, the elaborate consultation has not been considered necessary–Chief Justice of High Court not required to consult collegium of High Court.

2009(1) LAW HERALD (SC) 204 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice Dr. Mukundakam Sharma Writ Petition (Civil) No.…

Contempt–When the court either suo motu or on a motion or a reference, decides to take action and initiate proceedings for contempt, it assumes jurisdiction to punish for contempt–The exercise of jurisdiction to punish for contempt commences with the initiation of a proceeding for contempt and if the order is passed not discharging the rule issued in contempt proceedings, it would be an order or decision in exercise of its jurisdiction to punish for contempt–Against such order, appeal would be maintainable.

2009(1) LAW HERALD (SC) 197 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Cyriac Joseph Civil Appeal No. 7317 of 2008…

Service Matters

Service Law—Higher Qualification—Possession of higher qualification does not always mean that candidate has requisite prescribed lower qualification for the post Service Law—Qualification—It is no part of the role or function of judicial review to expand upon the ambit of the prescribed qualifications

2018(4) Law Herald (SC) 3443 : 2018 LawHerald.Org 1953 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice U.U. Lalit Hon’ble Mr. Justice Dr Dhananjaya Y Chandrachud Civil Appeal…

Arbitrator—Appointment of—Challenge to—When an arbitrator was allegedly appointed against the terms of the agreement (arbitration clause) the provisions of 5.11(6) cannot be invoked to challenge such appointment Arbitrator—Appointment of—Amendment of 2015—General conditions of the contract cannot be taken to be the agreement between the parties so as to apply the provisions of the amended Act

2018(4) Law Herald (SC) 3433 : 2018 LawHerald.Org 1952 IN THE SUPREME COURT OF INDIA Before Hon’ble Mrs. Justice R. Banumathi Hon’ble Mrs. Justice Indira Banerjee Civil Appeal Nos. 11824-11825…

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