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Penal Code, 1860 (IPC) — Section 498A — Cruelty by husband or relatives of husband — For the conviction under Section 498A, the prosecution must prove beyond reasonable doubt that the accused caused mental or physical cruelty to the woman. In this case, the evidence presented by the prosecution regarding dowry demands and cruelty was found to be contradictory and uncorroborated by independent witnesses. Therefore, the conviction of the appellant under Section 498A IPC was set aside. Civil Procedure Code, 1908 (CPC) — Section 89 — Compromise Decree — Interpretation of — Memorandum of Settlement (MOS) forming basis of decree — Clause (xiii) specifying conditional obligations for exchange of immovable properties or payment of guideline value upon failure to transfer — Held, obligation to pay monetary compensation triggered by failure to transfer agreed ‘B Schedule’ land, not discretionary option. Right to Education Act, 2009 — Section 12 — Uttar Pradesh Right of Children to Free and Compulsory Education Rules, 2011 — Rule 8 — Neighbourhood School Obligation — A neighbourhood school has a constitutional and statutory duty to admit students forwarded by the State Government without delay, as mandated by Article 21A of the Constitution and relevant provisions of the RTE Act and UP RTE Rules — The school cannot question the eligibility of a student once the government has completed the admission process and forwarded the list. Insolvency and Bankruptcy Code, 2016 — Section 5(8) — Financial Debt — Corporate Guarantees — A liability arising from corporate guarantee for money borrowed against interest qualifies as financial debt — The execution of corporate guarantees, even if challenged on grounds of timing or non-disclosure, are considered valid and enforceable if their execution is admitted or demonstrably proven, making the appellants entitled to recognition as financial creditors. Civil Services — Tenure Curtailment — Not Punitive Unless Stigmatic — Curtailment of tenure and reversion to a lower post is not punitive or stigmatic merely because it is premature or based on unsatisfactory performance reports, as long as the order itself does not impute misconduct or stigma beyond unsuitability for the role.

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…

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