Latest Post

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.

Land Acquisition Act, 1894, S.18—Development Charges—Exemplar sale deed was only for 99 sq. yds., whereas the total acquired land is 05 acres- -Acquired land is abutting residential area, which is a Mandal Headquarter where bank, high school, bus stand, telephone exchange, police station, primary health centre, cinema hall, petrol pumps are located—Deduction of 30% towards development charges held to be justified.

2O18(3) Law Herald (SC) 2307 : 2018 LawHerald.Org 1493 IN THE SUPREME COURT OF INDIA Before Honble Mr. Justice Kurian Joseph Hon~ble Mr. Justice Sanjay Kishan Haul Kalluri Veakata Narasimha…

Accident–Disability @ 25%–Injured was unmarried boy of 25 years—He suffered fracture of both pelvic bones-­ He suffered partial but permanent disability in his body which reduced his movement capacity to a larger extent—He was earning Rs 4000/- p.m.–He had spent substantial amount on treatment and has also lost his job—Tribunal had awarded Rs. 3.43 lakhs—Keeping in view, circumstances of cases further enhancement of Rs. 5 lakhs without interest awarded.                                                                      

2018(3) Law Herald (SC) 2302 : 2018 LawHerald.Org 1453 IN THE SUPREME COURT OF INDIA                                                      Before      Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice Uday Umesh Lalit…

Assault on Public Servant-Obscene Acts—Reduction in Sentence—Keeping in view age of appellant (60 years),  his spotless career throughout without any criminal antecedents and fact that he has already undergone one month jail sentence out of 3 months sentence for the offence committed 13 years ago; sentence reduced to already undergone subject to payment of enhanced fine

2018(3) Law Herald (SC) 2294 : 2018 LawHerald.Org I486 IN THE SUPREME COURT OF INDIA                                                                Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice Uday Umesh Lalit Criminal…

Income-Deceased aged 38 years was in the business of selling desi ghee and namkeen bhujia in a small village—Held; Income assessed by Tribunal as Rs.1200/ – per month is on lower side—Income should have been assessed at Rs.2500/- per month keeping in view circumstances of case

2018(3) Law Herald (SC) 2305 : 2018 LawHerald.Org 1492 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Chief Justice DipakMisra Honble Mr. Justice A M Khanwilkar Civil Appeal No.7279of2018 (Arising…

IMP – PAY & RECOVER — Accident—Tractor-trailer—No evidence that any trailer was insured or trailer was attached to the tractor—Thus, it would follow that injured person (other than driver of tractor) travelled in tractor as a passenger–Insurance company not liable to pay-However, insurance company directed to pay & recover.

  2018(3) Law Herald (SC) 2288 : 2018 LawHerald.Org 1489 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Chief Justice Dipak Misra                  Hon’ble Mr. Justice A.M. Khanwilkar CIVIL…

Rape—Injuries on Prosecutrix—Gang Rape—Admittedly, there was a tussle at a time of alleged incident and she tried to save herself—However, victim has not sustained any injury except some bruises on her cheeks–Her clothes were not even soiled with mud—Accused acquitted Rape—Gang Rape—Medical record and the Doctor’s evidence do not specify whether there were any signs of forcible sexual intercourse-Accused acquitted Rape—Absence of semen—Gang Rape—Clothes worn by victim (petticoat) did not contain any seminal stain—Hard to believe that sexual assault had taken place on the victim—Accused acquitted Identification of Accused—Identification from the voice of the accused may be possible if there is evidence to show that the witness was sufficiently acquainted with the accused in order to recognize him or her by voice.

  2018(3} Law Herald (SC) 2274 : 2018 LawHerald.Org 1454 IN THE SUPREME COURT OF INDIA Before Honble Mr. Justice N.V. Ramana Honble Mr. Justice Mohan M. Shantanagoudar Criminal Appeal…

You missed