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Criminal Law — Murder and Conspiracy — Appreciation of Evidence — Supreme Court’s Role in Appeals Against Acquittal — The Supreme Court reiterated that its role in an appeal against an acquittal is to examine whether the High Court committed an error in disturbing the Trial Court’s findings, especially when two competent courts have reached opposite conclusions on the same evidence — The Court must re-appreciate the evidence to deliver a final finding. [Uttar Pradesh Higher Education Services Commission Act, 1980, S. 13(4)] – [A waitlisted candidate cannot claim appointment to an alternative post after failing to join the initially recommended post, particularly after the repeal of the Old Act.] A. Uttar Pradesh Higher Education Services Commission Act, 1980 (Old Act) vs. Uttar Pradesh Education Service Selection Commission Act, 2023 (New Act) — Comparative Analysis — Held, the New Act does not prescribe a power to the Director akin to Section 13(4) of the Old Act — After the commencement of the New Act, the validity of the list/panel under the Old Act lapses, and authorities are bound to follow the procedure under Sections 10 and 11 of the New Act. Criminal Procedure Code, 1973 (CrPC) — Sections 439 and 483 BNSS — Bail Jurisdiction — Power to issue directions — High Court, while exercising bail jurisdiction, cannot issue directions that extend beyond the scope of the bail application and impinge upon the statutory powers of other authorities or create new systems for accountability, as this would amount to an error of jurisdiction. [MPID Act, S. 2(c) & 2(d)] – Amounts advanced with promise of return and interest qualify as “deposit” accepted by “financial establishment” under the Act. – Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999 Section 2(c) and Section 2(d) — Deposit and Financial Establishment — Amounts advanced to individuals with promise of repayment with interest constitute a “deposit” under Section 2(c) and the recipients are “financial establishments” under Section 2(d) of the MPID Act, irrespective of the transaction being termed as a “loan” — The nomenclature of the transaction is not determinative; the essential attributes of the transaction are key. Criminal Procedure Code, 1973 (CrPC) — Section 432 — Constitution of India, 1950 — Article 72 & 161— Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — Section 473 & 477 — Premature release of a prisoner — Rejection of recommendation — Non-speaking order — Order rejecting premature release must provide reasons and reflect due application of mind — Absence of reasons renders the order bald and impossible to ascertain if relevant factors were considered — Violates principles of natural justice and frustrates judicial review.

Decree for specific performance – Agreement of sale provided that in the event the permission was not obtained within 75 days – permission not granted agreement cancelled by defendant rightly – on equity Rs 15000 paid in 1978 by plaintiff ordered defendant to pay Rs 15,00,000 to plaintiff-

SUPREME COURT OF INDIA DIVISON BENCH KOLLI SATYANARAYANA (DEAD) BY LRS. — Appellant Vs. VALURIPALLI KESAVA RAO CHOWDARY (DEAD) THR. LRS. AND OTHERS — Respondent ( Before : B.R. Gavai…

(CrPC) – Section 125 – Maintenance to wife and minor child – Husband is required to earn money even by physical labour, if he is an able-bodied, and could not avoid his obligation, except on the legally permissible grounds mentioned in the statute – Direction issued to husband shall pay maintenance amount of Rs. 10,000/- per month to wife.

SUPREME COURT OF INDIA DIVISON BENCH ANJU GARG AND ANOTHER — Appellant Vs. DEEPAK KUMAR GARG — Respondent ( Before : Dinesh Maheshwari and Bela M. Trivedi, JJ. ) Criminal…

Electricity Act, 2003 – Section 14 – Grant of licence – requirements relating to the capital adequacy, creditworthiness, or code of conduct as may be prescribed by the Central Government, and no such applicant, who complies with all the requirements for grant of licence, shall be refused grant of licence on the ground that there already exists a licensee in the same area for the same purpose.

SUPREME COURT OF INDIA DIVISON BENCH M/S. JINDAL STEEL AND POWER LIMITED — Appellant Vs. THE CHHATTISGARH STATE ELECTRICITY REGULATORY COMMISSION AND OTHERS — Respondent ( Before : Ajay Rastogi…

Companies Act, 1956 – Sections 3 and 560(5) – Striking off name of company – Defunct company – As per the last balance sheet filed for the year 2002­2003, the paid up share capital of the Company in question was Rs.7,000/­ – such acompany defunct company caanot be restored after 16 years stiking of name.

SUPREME COURT OF INDIA DIVISON BENCH NIRENDRA NATH KAR — Appellant Vs. GOPAL NAVIN BHAI DAVE AND OTHERS — Respondent ( Before : Ajay Rastogi and B.V. Nagarathna, JJ. )…

Termination of Pregnancy – All women, married or unmarried, are entitled to safe and legal abortion – Object of Section 3(2)(b) of the MTP Act read with Rule 3B is to provide for abortions between twenty and twenty-four weeks, rendered unwanted due to a change in the material circumstances of women –

SUPREME COURT OF INDIA FULL BENCH X — Appellant Vs. THE PRINCIPAL SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVT. OF NCT OF DELHI AND ANOTHER — Respondent ( Before :…

Compassionate Appointment – The object is not to give a member of such family a post much less a post for post held by the deceased – respondent a married daughter her elder sister application for appointment already dismissed HELD respondent not dependent on her mother so claim for appointment on death of mother rejected.

SUPREME COURT OF INDIA DIVISON BENCH THE STATE OF MAHARASHTRA AND ANOTHER — Appellant Vs. MS. MADHURI MARUTI VIDHATE (SINCE AFTER MARRIAGE SMT. MADHURI SANTOSH KOLI) — Respondent ( Before…

Bail – HELD order refusing or granting bail does not furnish the reasons that inform the decision, there is a presumption of the non-application of mind which may require the intervention of SCOI – the interests of the criminal justice system in ensuring that those who commit crimes are not afforded the opportunity to obstruct justice. Judges are duty-bound to explain the basis on which they have arrived at a conclusion.

SUPREME COURT OF INDIA DIVISON BENCH AMINUDDIN — Appellant Vs. STATE OF UTTAR PRADESH AND ANOTHER — Respondent ( Before : Dinesh Maheshwari and Bela M. Trivedi, JJ. ) Criminal…

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