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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.

Preventive Detention–Once it is found that the detention order contains many grounds, even if one of them is to be rejected, principle of segregation contained in Section 5A gets attracted—Grounds are referred to as ‘materials on which the order of detention is primarily based’-

2017(1) Law Herald (SC) 133 : 2017 LawHerald.Org 512 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice A.K. Sikri  The Hon’ble Mr. Justice Abhay Manohar Sapre                                            …

Constitution of India, 1950 – Article – 32, 21 – Environment Protection Act, 1986 – Rule 5(3)(d), 3(1), 3(2)(v) – Public interest litigation – There is a challenge to the validity of the Notification dated 18.8.1994 – The main grievance in this petition is that a Notification dated 19.2.1991 declaring coastal stretches as Coastal Regulation Zones which regulates the activities in the zones has not been implemented or enforced

  (1996) 3 AD 641 : (1996) 4 JT 263 : (1998) 4 SCALE 11 : (1996) 3 SCALE 579 : (1996) 2 SCALE 44 : (1996) 5 SCC 281…

Service Matters

Regularisation of the services — The Respondents appear to have approached the M.P. State Administrative Tribunal at Jabalpur in appeal, which was dismissed by the Tribunal holding that it had no jurisdiction to entertain the same as the Respondents were not employees/civil servants under the State Government —

  SUPREME COURT OF INDIA CONTROLLER, GOVT. PRINT. AND STATIONERY PRESS AND OTHERS — Appellant Vs. RASHIDA B. AND OTHERS — Respondent ( Before : Vikramajit Sen, J; T.S. Thakur,…

Central Excise Tariff – Item 26AA(ia), 25(8) – Classification of elastic rail clips – Learned Counsel for the appellant that a Special Bench of five members of Central Excise and Gold (Control) Appellate Tribunal has considered the same question and taken the view in favour of the assessee that elastic rail clips are classifiable under Item 26AA(ia)/25(8)

  (1998) 77 ECR 439 : (1997) 92 ELT 5 : (1998) 4 JT 439 : (1997) 8 SCC 483 SUPREME COURT OF INDIA VEE KAY INDUSTRIES — Appellant Vs.…

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