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Criminal Procedure Code, 1973 (CrPC) — Section 439(2) — Bail — Cancellation of Bail — Appeal against High Court order granting bail — Supreme Court can interfere if bail order is based on extraneous considerations or ignores relevant material, distinct from cancellation for misuse of bail. Insolvency and Bankruptcy Code, 2016 — Section 14, Section 238 — Telecom laws — Spectrum — Nature of — Can spectrum, even if treated as an asset in corporate debtor’s books, be subjected to proceedings under IBC? — Held, No. Spectrum is a natural resource, the right to use which is granted by the Government under a licence, not ownership. The IBC cannot override the specific statutory regime governing telecommunications law. . Cricket Association Rules — Applicability of Supreme Court Judgments — A district cricket association’s rules and bye-laws are not necessarily required to be identical to those of the national cricket governing body (BCCI) based on previous Supreme Court judgments, as the specific rulings in those cases did not mandate such precise conformity for district associations. Service Law — Regularisation of Services — Casual Workers — Supreme Court held that casual workers who were similarly situated to those whose services had been regularised in previous judgments, should also have their services regularised. The Court noted that the work performed was perennial and fundamental to the functioning of the department, and that excluding these workers amounted to discrimination. Criminal Procedure Code, 1973 (CrPC) — Section 438 — Anticipatory Bail — Absconding accused — General rule is that an absconder is not entitled to anticipatory bail, exception being when court is prima facie satisfied that no case is made out against the accused after perusing FIR, case diary, and other materials — Accused absconded for almost six and a half years, threatened victim, had criminal antecedents, and was not traceable — Acquittal of co-accused does not automatically entitle absconding accused to anticipatory bail, as prosecution is not expected to adduce evidence against absconding accused during trial of co-accused — Granting anticipatory bail to an absconding accused sets a bad precedent

Acquittal – Rape and murder of a six-year-old -There are, in fact, yawning gaps in the chain of circumstances rendering it far from being established- pointing to the guilt of the appellant – Needless to state, such responsibilities would be all the more heightened in cases of crimes involving severe punishments such as imprisonment for life or the sentence of death

SUPREME COURT OF INDIA FULL BENCH PRAKASH NISHAD @ KEWAT ZINAK NISHAD — Appellant Vs. STATE OF MAHARASHTRA — Respondent ( Before : B.R. Gavai, Vikram Nath and Sanjay Karol,…

Service Matters

Judicial officers Pension – – SCOI vide Orders dated 27.07.2022 and 18.01.2023 already directed that all arrears of pay be cleared by 30.06.2023 – In this regard, it is directed that compliance affidavits must be filed by all States and Union Territories by 30.07.2023 that the arrears of pay have been positively credited into the accounts of the concerned officers

SUPREME COURT OF INDIA FULL BENCH ALL INDIA JUDGES ASSOCIATION — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Dr Dhananjaya Y Chandrachud, CJI., V. Ramasubramanian…

‘Jallikattu’ and ‘Bullock Cart Race’ is upheld – Prevention of Cruelty to Animals (Tamil Nadu Amendment) Act, 2017 does not go contrary to the Articles 51-A (g) and 51-A(h) and it does not violate the provisions of Articles 14 and 21 of the Constitution of India – Tamil Nadu Amendment Act is not a piece of colourable legislation

SUPREME COURT OF INDIA CONSTITUTION BENCH THE ANIMAL WELFARE BOARD OF INDIA AND OTHERS — Appellant Vs. UNION OF INDIA AND ANOTHER — Respondent ( Before : K.M. Joseph, Ajay…

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