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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.

Common Intention–Only be inferred from the circumstances appearing from the proved facts of the case and the proved circumstances. Common Intention–The acts may be different in character, but must have been actuated by one and the same common intention in order to attract the provision.

  2007(4) LAW HERALD (SC) 2829 IN THE SUPREME COURT OF INDIA (VACATION BENCH) Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice D.K. Jain Criminal Appeal No.…

Dishonour of cheque—Territorial jurisdiction of Court to entertain complaint—Issue of statutory notice cannot constitute a valid ground for conferring jurisdiction upon Court concerned to take cognizance of offence under Section 138—Issue of statutory notice demanding payment of cheque amount is not sufficient to vest Delhi Courts with jurisdiction to entertain complaint

  (2014) 3 BC 695 : (2014) 9 SCALE 134 : (2014) 8 SCC 878 : (2014) 3 BC 695 : (2014) 3 CCR 547 : (2014) 4 RCR(Civil) 243…

Requisitioning and Acquisition of Immovable Property Act, 1952 – Section 8(1)(a) – Sale of properties – Properties acquired under 1952 Act alongwith other properties – Concurrent finding recorded by Single Bench and Division Bench upholding validity of notification – Under the 1952 Act, fair market value had to be determined on the date of acquisition

  AIR 2007 SC 357 : (2006) 3 ARBLR 414 : (2006) 8 JT 434 : (2006) 8 SCALE 768 : (2006) 10 SCC 227 : (2006) 5 SCR 696…

Deceased executed will in favour of wife in respect of all his properties – She became owner of properties and after her death, her nephews would be owner of properties in equal shares – First appellate Court hold that wife was not competent to gift properties in favour of Gurdwara – After her death life estate ceased and plaintiffs would be entitled to recover possession and not entitled to mesne profits – Suit filed by plaintiffs decreed for recovery of possession.

  AIR 2006 SC 3282 : (2006) 4 CTC 773 : (2006) 8 JT 525 : (2006) 9 SCALE 83 : (2006) 8 SCC 75 : (2006) 5 SCR 799…

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