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Penal Code, 1860 (IPC) — Section 498A — Cruelty by husband or relatives of husband — For the conviction under Section 498A, the prosecution must prove beyond reasonable doubt that the accused caused mental or physical cruelty to the woman. In this case, the evidence presented by the prosecution regarding dowry demands and cruelty was found to be contradictory and uncorroborated by independent witnesses. Therefore, the conviction of the appellant under Section 498A IPC was set aside. Civil Procedure Code, 1908 (CPC) — Section 89 — Compromise Decree — Interpretation of — Memorandum of Settlement (MOS) forming basis of decree — Clause (xiii) specifying conditional obligations for exchange of immovable properties or payment of guideline value upon failure to transfer — Held, obligation to pay monetary compensation triggered by failure to transfer agreed ‘B Schedule’ land, not discretionary option. Right to Education Act, 2009 — Section 12 — Uttar Pradesh Right of Children to Free and Compulsory Education Rules, 2011 — Rule 8 — Neighbourhood School Obligation — A neighbourhood school has a constitutional and statutory duty to admit students forwarded by the State Government without delay, as mandated by Article 21A of the Constitution and relevant provisions of the RTE Act and UP RTE Rules — The school cannot question the eligibility of a student once the government has completed the admission process and forwarded the list. Insolvency and Bankruptcy Code, 2016 — Section 5(8) — Financial Debt — Corporate Guarantees — A liability arising from corporate guarantee for money borrowed against interest qualifies as financial debt — The execution of corporate guarantees, even if challenged on grounds of timing or non-disclosure, are considered valid and enforceable if their execution is admitted or demonstrably proven, making the appellants entitled to recognition as financial creditors. Civil Services — Tenure Curtailment — Not Punitive Unless Stigmatic — Curtailment of tenure and reversion to a lower post is not punitive or stigmatic merely because it is premature or based on unsatisfactory performance reports, as long as the order itself does not impute misconduct or stigma beyond unsuitability for the role.

Murder and Robbery—Accused threw deceased in the canal—No evidence that there has been any intention to cause death—Case falls under Section 304, Part II IPC. FIR—Delay in lodging of—Mere delay in lodging the first information report, cannot be held to be fatal to the prosecution case.

2007(4) LAW HERALD (SC) 2914 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.H. Kapadia The Hon’ble Mr. Justice B.Sudershan Reddy Criminal Appeal No. 1107 of 2007…

Chief Minister and Minister—Appointment of—Whether respondents being members of Rajya Sabha are disqualified under Article 164(4) and 164(1) of Constitution ? NO. Chief Minister and Minister—Appointment of—Person can be appointed, to continue in office without getting himself elected within a period of six consecutive months.

  2007(4) LAW HERALD (SC) 2908 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice P.P. Naolekar Civil Writ Petition No. 296…

Workman—Definition of—Nomenclature is not of any consequence. Whether a particular employee comes within the definition of workman has to be decided factually. Labour Law—Industrial Relation Executive—Plea that appellant was not doing managerial or administrate work, not accepted.

2007(4) LAW HERALD (SC) 2890 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice Lokeshwar Singh Panta Civil Appeal Nos. 6543-6544 of…

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