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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.

Electricity Act, 2003 – Sections 2, 2(8), 9 and 24(2) – A combined reading of Section 9 and Clause (8) of Section 2 of the said Act would reveal that a person is entitled to construct, maintain or operate a captive generating plant – Such a plant should be primarily for his own use

SUPREME COURT OF INDIA DIVISON BENCH CHHATTISGARH STATE POWER DISTRIBUTION COMPANY LIMITED — Appellant Vs. CHHATTISGARH STATE ELECTRICITY REGULATORY COMMISSION AND ANOTHER — Respondent ( Before : L. Nageswara Rao…

If an aggrieved person is not in a domestic relationship with the respondent – but has at any point of time lived so or had the right to live and has been subjected to domestic violence or is later subjected to domestic violence on account of the domestic relationship, is entitled to file an application under Section 12 of the D.V. Act.

SUPREME COURT OF INDIA DIVISON BENCH PRABHA TYAGI — Appellant Vs. KAMLESH DEVI — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. ) Criminal Appeal No. 511 of…

Depositories Act, 1996 – As per the 1996 Regulations, the pledgor/pawnor is not entitled to sell the pledged/pawned securities – the pawnor under the Contract Act and the common law has the right to redeem the pledged goods till ‘actual sale’ – Sale by the pawnee to self does not defeat the right of redemption of the pawnor – It may amount to conversion in law

SUPREME COURT OF INDIA DIVISON BENCH PTC INDIA FINANCIAL SERVICES LIMITED — Appellant Vs. VENKATESWARLU KARI AND ANOTHER — Respondent ( Before : M.R. Shah and Sanjiv Khanna, JJ. )…

Service Matters

HELD according to the said University, though the employment was contractual but the employee was entitled to get all the benefits of a regular employee – Appellant’s services could not have been terminated without following the principles of natural justice – Appellant is directed to be reinstated with continuity in service

SUPREME COURT OF INDIA DIVISON BENCH K. RAGUPATHI — Appellant Vs. THE STATE OF UTTAR PRADESH AND OTHERS — Respondent ( Before : L. Nageswara Rao and B.R. Gavai, JJ.…

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