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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

Process of selection – The appellants have challenged before the court the alleged arbitrary decision of the Government in conducting a special recruitment test against the Rules and Guidelines issued for the recruitment of Computer Instructors and also by altering the minimum qualifying marks from 50% to 35% so as to absorb a larger number of candidates of its choice

(2009) 9 JT 70 : (2009) 9 SCALE 319 : (2009) 14 SCC 517 SUPREME COURT OF INDIA T. NADU COMPUTER SC B.ED. G.T. WELF. SOCIETY — Appellant Vs. HIGHER…

The negligence of the first respondent and the liability of the second respondent as the insurer are beyond dispute at the present juncture. The only arena is to figure out what should be the correct compensation awardable to the claimants – The Tribunal had awarded interest at the rate of 6% per annum from the date of the award but the High Court chose to curb it to 3% per annum.

(1999) ACJ 1299 : (1998) 9 JT 191 : (1998) 8 SCC 421 SUPREME COURT OF INDIA DR K.R. TANDON (MRS) — Appellant Vs. OM PRAKASH AND ANOTHER — Respondent…

Award of compensation – Appeal has been filed on behalf of the Karnataka State-Road Transport Corporation challenging the validity of the award given by the Motor Accidents Claims Tribunal-V, Bangalore City in a motor accident case which has been affirmed by the High Court – The respondent filed a cross-objection and sought enhancement of the amount of compensation including the rate of interest.

  (1999) ACJ 1278 : (1998) 9 JT 198 : (1998) 8 SCC 424 SUPREME COURT OF INDIA KARNATAKA STATE ROAD TRANSPORT CORPORATION — Appellant Vs. R. SETHURAM AND ANOTHER…

Service Matters

Employer has sacrosanct duty to act in terms of sacred objectives of social and economic justice – Respondents have not been absorbed by JHALCO despite JHALCO having absorbed more than 300 employees of BHALCO – Both States directed to make payments within stipulated time – Both States shall compute salary component after granting benefit of pay revision which has been extended to other employees

  (2014) 3 AD 279 : (2013) 15 JT 218 : (2013) 14 SCALE 133 : (2014) 2 SCC 114 : (2014) 1 SCC(L&S) 321 : (2014) 1 SCJ 420…

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