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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.

Framing of charges–Even strong suspicion founded on material which leads the court to form a presumptive opinion as to the existence of the factual ingredients constituting the offence alleged would justify the framing of charge against the accused in respect of the commission of that offence. Cruelty to wife–Not even a whisper of wilfull conduct of appellants of harassment of the complainant at their hands with a view to coercing her to meet any unlawful demand by then so as to attract Section 498-A IPC–Proceedings quashed.

2008(1) Law Herald (SC)  8 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Ashok Bhan The Hon’ble Mr. Justice D.K. Jain Criminal Appeal No. 1716 of 2007…

Election–Reserved seat–Respondent contested the election as a member of SC candidate and was elected–Documentary evidence shows he does not belong to SC Category–Election held to be void. Election Law–Caste Certificate–Where a caste certificate issued by the Executive Magistrate is showing a different caste as maintained in the School records then the said certificate should be ignored.

  2007(5) LAW HERALD (SC) 4126 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice K. G. Balakrishnan, CJI The Hon’ble Mr. Justice R. V. Raveendran Civil Appeal…

Closure of Mill–Bench Hunting–Withdrawal request–Whether a case of bench hunting ? NO, because company could have waited for the expiry of 60 days and could have the benefit of deeming clause, but it was trying for an amicable settlement and this was clearly its bona fide Bench Hunting–Meaning of.

  2007(5) LAW HERALD (SC) 4110 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice C.K. Thakker The Hon’ble Mr. Justice Markandey Katju Civil Appeal No 5458 of…

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