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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 Anardana’ is a dried product of local ‘daru’ or wild pomegranate – well-settled principle that words in a taxing statute must be construed in consonance with their commonly accepted meaning in the trade and their popular meaning – Policy which specifically states – ‘import of pomegranate seeds will be free’

SUPREME COURT OF INDIA DIVISON BENCH COMMISSIONER OF CUSTOMS AND CENTRAL EXCISE, AMRITSAR (PUNJAB) — Appellant Vs. M/S D.L. STEELS ETC. — Respondent ( Before : Sanjiv Khanna and Bela…

SEBI – Appellate Tribunal is an appellate forum and not the authority empowered to initiate penalty proceedings under Section 15-H or suo moto issue directions under Section 11, 11B or 11(4)(d) of the Act. It can uphold or set aside the direction issued, or modify and substitute the direction issued under Regulation 44 of the Takeover Regulations 1997 read with Sections 11, 11B and 11(4)(d) of the Act.

SUPREME COURT OF INDIA DIVISON BENCH SECURITIES AND EXCHANGE BOARD OF INDIA — Appellant Vs. SUNIL KRISHNA KHAITAN AND OTHERS — Respondent ( Before : Sanjiv Khanna and Bela M.…

Hindu Succession Act, 1956 – Section 14(1) – There cannot be a fetter in a owner of a property to give a limited estate if he so chooses to do including to his wife but of course if the limited estate is to the wife for her maintenance that would mature in an absolute estate under Section 14(1) of the said Act.

SUPREME COURT OF INDIA DIVISION BENCH JOGI RAM — Appellant Vs. SURESH KUMAR AND OTHERS — Respondent ( Before : Sanjay Kishan Kaul and M.M. Sundresh, JJ. ) Civil Appeal…

(IPC) – S 302/34 – Murder – Common intention- HELD the evidence available on record was not looked into as the witnesses had already been exposed to the accused in the police station – After all, the test identification parade is only a part of an investigation, and therefore, nothing more can be attached to it – Acquittal

SUPREME COURT OF INDIA DIVISON BENCH SHISHPAL @ SHISHU — Appellant Vs. THE STATE (NCT OF DELHI) — Respondent ( Before : Abhay S. Oka and M.M. Sundresh, JJ. )…

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