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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.
Service Matters

Service Law—Selection-Minimum marks in viva-voce—Whether the introduction of the requirement of the minimum marks for interview, after the entire selection process (consisting of written examination and interview) was completed, would amount to changing the rules of the game after the game was played which is clearly impermissible—Matter referred to larger bench.

(2017) 4 ESC 818 : (2018) 1 JCR 306 : (2017) 4 LawHerald(SC) 3191 : (2017) 13 Scale 483 : (2018) 1 SCC 239 : (2018) 1 SCC(L&S) 23 : (2017) 4 SCT 792…

Agreement to Sell—Second Appeal—Plea relating to limitation and cancellation of agreement cannot be permitted to be raised, for the first time, in second appeal. Agreement to Sell—Agreement to sell in itself does not create any interest in the land nor does it amount to sale under Section 54 of the T.P. Act— It only enables the intending buyer to claim specific performance of such agreement on proving its terms—In other words, there lies a distinction between an agreement to sell, and sale.

(2018) 181 AIC 98 : (2018) AIR(SCW) 49 : (2018) AIR(SC) 49 : (2018) 126 ALR 469 : (2017) DNJ 1095 : (2017) 12 JT 38 : (2017) 4 LawHerald(SC) 3179 : (2018) 1…

Deceased was a lady aged 42 years and was working as agricultural labourer-­ Tribunal was wrong in taking income as Rs. 25/- per day and monthly income as Rs. 650/- -Deceased was taking care of her three children and was also maintaining her husband—Taking income from the agricultural labour work at Rs. 3000/- p.m. and Rs. 1,500/- per month for the household work the monthly income of the deceased assessed at Rs. 4,500/- p.m.

(2017) 4 ACC 707 : (2018) ACJ 538 : (2018) 181 AIC 27 : (2018) AIR(SCW) 204 : (2018) AIR(SC) 204 : (2017) 2 AnWR 674 : (2017) DNJ 1077…

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