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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.

Last seen theory – When the last seen theory is found to be not true, there has to be much more concrete and clinching evidence to implicate the accused. HELD when a large number of persons were available near the dead body, it is incomprehensible as to how all of them refused to sign the documents prepared by the police – Order of conviction is set aside.

SUPREME COURT OF INDIA DIVISON BENCH RAVI SHARMA — Appellant Vs. STATE (GOVERNMENT OF NCT OF DELHI) AND ANOTHER — Respondent ( Before : Abhay S. Oka and M.M. Sundresh,…

Accused has failed to explain the aforesaid incriminating material/circumstances found against him namely the purchase of pesticides by him, prior to the occurrence and that the very bottle of pesticide which was purchased by him was found from the place of occurrence – Conviction and sentence id upheld.

SUPREME COURT OF INDIA DIVISON BENCH HAJABHAI RAJASHIBHAI ODEDARA — Appellant Vs. STATE OF GUJARAT — Respondent ( Before : M. R. Shah and B.V. Nagarathna, JJ. ) Criminal Appeal…

Consumer Protection Act, 1986 Section 27 A -HELD we are inclined to set aside the orders passed and dismiss the complaint. As there is no vicarious liability that can be fastened on the appellant and the appellant’s role cannot be stretched to the policy decision of the Republic of Philippines, the appeal stands allowed.

SUPREME COURT OF INDIA DIVISON BENCH HCMI EDUCATION — Appellant NARENDRA PAL SINGH — Respondent ( Before : Abhay S. Oka and M.M. Sundresh, JJ. ) Civil Appeal No. 2481…

NDPS bail – material placed on record nothing of any contraband article has been recovered from the respondent or from any place under his exclusive control. This factor further adds on to the doubt as to whether the respondent had at all been indulgent in narcotics or any contraband?

SUPREME COURT OF INDIA DIVISON BENCH STATE OF WEST BENGAL — Appellant Vs. RAKESH SINGH @ RAKESH KUMAR SINGH — Respondent ( Before : Dinesh Maheshwari and Aniruddha Bose, JJ.…

HELD ex-parte judgment and decree passed by the learned Trial Court as well as the order(s) passed by the learned Trial Court refusing to condone the delay of 2345 days in preferring the revision petition(s) challenging the ex-parte judgment and decree filed by original defendant Nos. 2 to 4 is/are hereby restored

SUPREME COURT OF INDIA DIVISON BENCH MOHAMED ALI — Appellant Vs. V. JAYA AND OTHERS — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. ) Civil Appeal No.…

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