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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.

Hindu Succession Act, 1956, S.15-Female Hindu–S.15(2)(a)provides that any property inherited by a female Hindu from her father or mother shall devolve upon the heirs of the father if female does not have her son, daughter including the children of any pre-deceased son or daughter but would not devolve upon the categories of heirs specified in sub-section(l)

(2017) 173 AIC 196 : (2017) AIR(SCW) 1632 : (2017) 2 AIRJharR 662 : (2017) AIR(SC) 1632 : (2017) AllSCR 1587 : (2017) 122 ALR 494 : (2017) 4 AndhLD…

Landlord and Tenant—Estoppel—That tenant during the continuance of the tenancy is debarred on the doctrine of estoppel from denying the title of his landlord through whom he claims tenancy. Eviction—Sub-letting—Original tenant had constructed his own house elsewhere he has been residing with his wife, the accommodation of his nephew in the suit premises did amount to sub-letting,

(2017) 175 AIC 209 : (2017) AIR(SCW) 1597 : (2017) AIR(SC) 1597 : (2017) 3 AllLJ 557 : (2017) 2 AllWC 2024 : (2017) 122 ALR 123 : (2017) 2…

Dying Declaration—A valid dying declaration maybe made without obtaining a certification fitness of the declaration by medical officer. Abetment of Suicide—Eve teasing—Active acts of the accused have led the deceased to put an end to her life as accused has played active role in tarnishing the self-esteem and self respect of the victim—Accused convicted.

(2017) 100 ACrC 648 : (2017) 175 AIC 107 : (2017) 2 AICLR 734 : (2017) AIR(SCW) 2459 : (2017) AIR(SC) 2459 : (2017) AllSCR(Crl) 878 : (2017) 3 ALT(Crl)…

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