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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.

HELD constrained to point out that out of 1689 units in the country, the applicant has chosen the Project Proponent as it appears to be a motivated petition to target the Project Proponent though the Cold Steel Rolling Mills in the country were operating under the same regime. Not only the Project Proponent, but the country also has suffered immensely on account of closure of the unit which was export oriented unit

SUPREME COURT OF INDIA DIVISON BENCH GAJUBHA JADEJA JESAR — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Hemant Gupta and Vikram Nath, JJ. ) Civil…

Compensation under the head on account of loss of love and affection is not permissible but compensation on account of spousal consortium for wife and for the parental consortium for children is admissible. HELD Rule of evidence to prove charges in a criminal trial cannot be used while deciding an application under Section 166 of the Act, 1988 which is summary in nature

SUPREME COURT OF INDIA DIVISON BENCH JANABAI WD/O DINKARRAO GHORPADE AND OTHERS — Appellant Vs. M/S. I.C.I.C.I. LAMBORD INSURANCE COMPANY LIMITED — Respondent ( Before : Hemant Gupta and Vikram…

Whether on similar set of allegations of fact the accused can be tried for an offence under NI Act which is special enactment and also for offences under IPC unaffected by the prior conviction or acquittal and, the bar of Section 300(1) Cr.P.C. would attract for such trial? Larger bennch.

SUPREME COURT OF INDIA DIVISON BENCH J. VEDHASINGH — Appellant Vs. R.M. GOVINDAN AND OTHERS — Respondent ( Before : S. Abdul Nazeer and J.K. Maheshwari, JJ. ) Criminal Appeal…

HELD ends of justice would be met if we direct the appellant/buider herein to refund the amount of Rs. 3,24,780/- (Rupees Three Lakh Twenty Four Thousand Seven Hundred Eighty only) with interest at the rate of 12 per cent per annum to the original complainant and put an end to the entire litigation.

SUPREME COURT OF INDIA DIVISON BENCH M/S SIDDHYVINAYAK INFRASTRUCTURE — Appellant Vs. KAMALAKAR JAYANT SRIVASTAVA AND ANOTHER — Respondent ( Before : Dr. D.Y. Chandrachud and J.B. Pardiwala, JJ. )…

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