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Securities and Exchange Board of India Act, 1992 — Section 15Z — Appeal to Supreme Court against SAT order setting aside Adjudicating Officer’s order imposing penalties for violation of SEBI (Prohibition of Fraudulent and Unfair Trade Practices Relating to Securities Market) Regulations, 2003 and Securities Contracts (Regulation) Act, 1956 — Held, diversion of funds from preferential issue was in violation of Regulations and detrimental to investors — SAT’s reversal of AO’s order based on shareholder ratification was erroneous — Appeals allowed — Order of Adjudicating Officer restored. Constitution of India, 1950 — Article 21 — Right to dignified life — Includes reproductive autonomy and the right to foster a family through adoption — Restricting maternity benefit based on the age of an adopted child infringes upon this right by denying adoptive mothers the opportunity to bond and integrate with their child, compromising both maternal and child welfare. Contract Act, 1872 — Section 126 — Guarantee — Corporate Guarantee — Defendant No.1 executed a written undertaking (Corporate Guarantee) to pay a sum of USD 100,000 — This constituted a valid guarantee, not just a freight payment arrangement — Liability of surety is co-extensive with principal debtor. Penal Code, 1860 (IPC) — Sections 302 and 498A — Appeal against conviction for murder and cruelty — Court considered evidence of eyewitness daughter, post-mortem report, and dying declaration of the deceased — High Court reversed acquittal by Trial Court and convicted the appellant — Trial Court acquitted on grounds of inconsistent witness testimonies, unreliable dying declaration due to victim’s serious injuries and sedation, and improbability of incident occurring in a small bathroom — Supreme Court found eyewitness testimony credible, post-mortem report confirmed cause of death, and dying declaration reliable despite victim’s severe burns, supported by medical opinion that she was conscious and fit to make a statement — Recovery of kerosene tin, matchbox, and burnt cloth pieces from the scene further corroborated the prosecution’s case — Supreme Court held that the evidence unequivocally proved the appellant’s responsibility for the offences. Coal Allocation and Supply — Dispute regarding supply of coal and compensation for wrongfully suspended supply — Supreme Court clarified that Union of India and SECL were obligated to supply coal at the current price/prevalent policy as of either April 9, 2014, or May 17, 2019, and gave the choice to the Respondent/PIL to select one of these dates for the purpose of determining the current price and prevalent policy for the proposed Fuel Supply Agreement for the suspended period — The Fuel Supply Agreement was to be entered into within four weeks of the Respondent’s choice, with coal supply being on a normal coal linkage basis, not tapering.

Indian Penal Code, 1860, S.302 & S.392–Murder–Last Seen Together-Adverse Inference-Robbery–Recovery of stolen items-Acquittal-Recovery of ornaments of the deceased from the accused or production of the same by the accused in the course of investigation, howsoever suspicious, cannot be conclusive of the question of the accused having committed the murder

2017(1) Law Herald (SC) 250 : 2017 LawHerald.Org 519 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Ranjan Gogoi The Hon’ble Mr. Justice Ashok Bhushan Criminal Appeal…

Education Law-Admission-MBBS Course-Admissions to the MBBS Course could only through NEETI and NEET II–No other process of admission was permissible-Conducting of State Medical Admission Test despite the orders of Medical Council & Supreme Court-Admission cannot be held to be valid even though student is not at fault but is victim of mal-administration

2017(1) Law Herald (SC) 247 : 2017 LawHerald.Org 518 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Madan B. Lokur The Hon’ble Mr. Justice Prafulla C. Pant…

Criminal Procedure Code, 1973, S.482 & S.438-Quashing-lnherent Powers- Anticipatory Bail–S.438 CrPC has been deleted in State of Uttar Pradesh-Wherever the High Court finds that in a given case if the protection against pre-arrest is not given, it would amount to gross miscarriage of justice

2017(1) Law Herald (SC) 238 : 2017 LawHerald.Org 516 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dipak Misra The Hon’ble Mr. Justice Amitava Roy Criminal Appeal…

Land Acquisition Act, 1894 – Sections 23 and 24 – Acquisition of land in excess of ceiling – Determination of compensation – Land in excess of ceiling exempted by the Government – Land not vesting in Government – Acquisition under the Act, permissible – Land owner is entitled to compensation under the Act as acquisition is not under Land Ceiling Act.

  AIR 1996 SC 3142 : (1996) 3 JT 629 : (1996) 3 SCALE 140 : (1996) 3 SCC 282 : (1996) 3 SCR 772 SUPREME COURT OF INDIA GOVERNMENT…

Penal Code, 1860 (IPC)-Section 300 – Murder – Custodial death – Case based on circumstantial evidence – Deceased allegedly brought to police station where he died of injuries from severe beating – No evidence about offence in regard to which deceased was brought to police station – No evidence to prove alleged beating – Prosecution case not supported by medical evidence – Circumstances not sufficient to prove guilt of accused – Conviction set-aside.

  AIR 1998 SC 370 : (1998) CriLJ 662 : (1998) 4 JT 384 : (1997) 7 SCALE 30 : (1998) 9 SCC 17 : (1997) 5 SCR 154 Supp…

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