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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.

Criminal Procedure Code, 1973 (CrPC) – Section 154 – FIR – Delay – No explanation by prosecution for delay in forwarding F.I.R. to Illaqa Magistrate – Defence plea that after recovery of weapon from accused persons names were written in F.I.R. and then forwarded to Magistrate – Witnesses could not identify the assailants

  (1996) 6 SCALE 80 SUPREME COURT OF INDIA CHHOTU AND ANOTHER — Appellant Vs. STATE OF HARYANA — Respondent ( Before : S.P. Kurdukar, J; M.K. Mukherjee, J )…

Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 – Section – 2A, 16 – Creation of short-term licences – There is, a rider to it that intimation of the grant of such licence shall be given to the District Magistrate jointly by the licensor and the licensee within one month from the date of occupation of the building or a part thereof –

  (1998) 9 JT 124 : (1998) 9 SCC 208 SUPREME COURT OF INDIA KAMLA DEVI — Appellant Vs. USHA SINGH AND ANOTHER — Respondent ( Before : S. P.…

The order of acquittal recorded by the High Court is wholly unwarranted and unjustified. The prosecution has proved the case against the accused-Respondents beyond reasonable doubt – Court set aside the judgment passed by the High Court and confirm the conviction and sentences recorded by the Learned Additional Sessions Judge.

  (1996) 4 SCALE 385 : (1996) 9 SCC 18 SUPREME COURT OF INDIA STATE OF M.P. — Appellant Vs. MOHANLAL AND OTHERS — Respondent ( Before : G. N.…

Evidence Act, 1872 — Section 45 — Examination of expert of typewriting and identification of the typewriter — Scientific study of certain significant features of the typewriter peculiar to a particular typewriter and its individuality can be studied by an expert having professional skill in the subject and, therefore, the opinion of the typewriter expert is admissible under Section 45 of the Act.

  AIR 1996 SC 1491 : (1996) 2 JT 186 : (1996) 2 SCALE 37 : (1996) 2 SCC 428 SUPREME COURT OF INDIA STATE THROUGH CBI — Appellant Vs.…

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