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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.

There are no cogent materials upon which the subjective satisfaction of the detaining Authority that the detenu was likely to be released on bail was arrived at; and there was a delay of 6 days in forwarding representation to the Central government – All the procedural requirements of Article 22 are mandatory in character and even if one of the procedural requirements is not complied with, the order of detention would be rendered illegal

  (2010) 10 JT 456(1) : (2010) 10 SCALE 248 : (2010) 9 SCC 618 : (2010) 10 UJ 5119 SUPREME COURT OF INDIA SMT. PEBAM NINGOL MIKOI DEVI —…

Criminal Procedure Code, 1973 (CrPC) – Section 439 – Constitution of India – Article 21 – Bail – Cancellation – Accused cannot be granted bail only on the ground that he was in custody for seven months – Individual liberty is restricted by larger social interest and its deprivation must have due sanction of law.

(2012) CriLJ 4670 : (2012) 4 JCC 2909 : (2012) 9 JT 155 : (2013) 1 RCR(Criminal) 277 : (2012) 9 SCALE 165 : (2012) 9 SCC 446 SUPREME COURT…

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