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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.

Murder–Suspension of sentence–Bail during pendency of appeal–Accused charged for mercilessly assaulting deceased–High Court granted bail during pendency of appeal–Held; Appellate court is duty-bound to objectively assess the matter and to record reasons for the conclusion that the case warrants suspension of execution of sentence and grant of bail

  2009(1) LAW HERALD (SC) 440 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice  Asok Kuamr Ganguly Criminal Appeal No. 141…

Will–Will is required to be attested and therefore, it cannot be used as evidence until at least one of attesting witness is called for the purpose of providing its executions provided such attesting witness is alive and subject to the process of Court and capable of giving evidence. Pleading–Non filing of Replication–Mere non filing of a replication does not and could not mean that there has been admission of facts pleaded in written statement.

2009(1) LAW HERALD (SC) 434 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice Dr. Mukundakam Sharma Civil Appeal No. 7082 of…

Evidence Law–May presume and shall presume–Difference between–In the former case the Court has an option to raise the presumption or not, but in the latter case, the Court must necessarily raise the presumption–If in a case the Court has an option to raise the presumption and raises the presumption, the distinction between the two categories of presumptions ceases and the fact is presumed, unless and until it is disproved–Evidence Act, 1872, Section 4.     

2009(1) LAW HERALD (SC) 428 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice R.V. Raveendran The Hon’ble Mr. Justice J.M. Panchal Criminal Appeal No. 2045 of 2008…

Infringement of Trademark-Passing of-Division Bench of High Court held that substitution of letter ‘T’ for letter ‘O’ would create confusion on the ground of deceptive similarity—Reputation of plaintiffs Trademark has been established and there is likelihood of its damage—Findings of Division bench upheld

2018(4) Law Herald (SC) 3198 : 2018 LawHerald.Org 1929 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice R.F. Nariman Hon’ble Mrs. Justice Indu Malhotra Civil Appeal No. 9844…

Remand of Case—After allowing the application for additional evidence in appeal High Court not justified in remanding the case to trial court for recording of the evidence—It can be done by competently by first Appellate Court Additional evidence of appellate stage—Allowing of application does not mean that document are to be directly exhibited as record on file—Such documents are required to be proved as per law before being considered

2018(4) Law Herald (SC) 3186 : 2018 LawHerald.Org 1927 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Chief Justice DipakMisra Hon’ble Mr. Justice A.M. Khanwilkar Hon’ble Mr. Justice Dr.…

High Court gave finding that the Rent Appellate Tribunal allowed the appellant’s (landlady’s) appeal with a casual approach and failed to record any categorical finding on the plea of bona fide need—However, High Court neither remanded the case nor decided the appeal on merits—This approach of the High Court caused prejudice to the appellant (landlady) because there was no factual finding recorded either by the first appellate Court or the High Court on the question of bona fide need—Matter remanded back to Rent Appellate Tribunal

2018(4) Law Herald (SC) 3230 : 2018 LawHerald.org 1797 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mrs. Justice Indu Malhotra Civil Appeal No.…

Quashing—Remand of Case—High Court dismissed the petition for quashing without referring to facts of the case with a view to appreciate factual controversy and to appreciates why such grounds are not made out under S.482 Cr.P.C-Matter remanded hack to High Court to be decided afresh—Impugned order set aside

2018(4) Law Herald (SC) 3228 : 2018 LawHerald.Org 1934 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice Indu Malhotra Criminal Appeal No.…

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