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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.

Agreement to Sell–Mere fixation of time within which contract is to be performed does not make the stipulation as to the time as essence of contract. Agreement to Sell–Alternate plea of refund–In all suits for specific performance, plaintiff is entitled to seek alternative relief in the event the decree of specific performance cannot be granted for any reason.

2008(1) LAW HERALD (SC) 675 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice P. Sathasivam Civil Appeal No. 647 of 2008…

Jurisdiction of Tribunal-The main question involved in the suit was whether the suit land is a Wakf property or not- Plaintiff says that it is a Wakf property whereas the defendants say that it is not the Wakf property but it is their self- property–This question, can be decided only by the Tribunal and not by the Civil Court.

  (2017) 175 AIC 125 : (2017) AIR(SCW) 2155 : (2017) AIR(SC) 2155 : (2017) 123 ALR 784 : (2017) 4 AndhLD 106 : (2017) 2 ARC 226 : (2017)…

Criminal Procedure Code, 1973, S.439–Rape–Kidnapping–Bail–Charge sheet was filed against appellant and four other persons-Case against appellant is almost similar to that of o the r co-accused who have been enlarged on bail—Appellant has no other criminal antecedents-Bail granted-Indian Penal Code, 1860, S.376 & S.366.

(2017) 100 ACrC 979 : (2017) 177 AIC 68 : (2017) 2 AICLR 803 : (2017) AIR(SCW) 2474 : (2017) AIR(SC) 2474 : (2017) ALLMR(Cri) 2220 : (2017) CriLR 457…

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