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Insolvency and Bankruptcy Code, 2016 — Section 14, Section 238 — Telecom laws — Spectrum — Nature of — Can spectrum, even if treated as an asset in corporate debtor’s books, be subjected to proceedings under IBC? — Held, No. Spectrum is a natural resource, the right to use which is granted by the Government under a licence, not ownership. The IBC cannot override the specific statutory regime governing telecommunications law. . Cricket Association Rules — Applicability of Supreme Court Judgments — A district cricket association’s rules and bye-laws are not necessarily required to be identical to those of the national cricket governing body (BCCI) based on previous Supreme Court judgments, as the specific rulings in those cases did not mandate such precise conformity for district associations. Service Law — Regularisation of Services — Casual Workers — Supreme Court held that casual workers who were similarly situated to those whose services had been regularised in previous judgments, should also have their services regularised. The Court noted that the work performed was perennial and fundamental to the functioning of the department, and that excluding these workers amounted to discrimination. Criminal Procedure Code, 1973 (CrPC) — Section 438 — Anticipatory Bail — Absconding accused — General rule is that an absconder is not entitled to anticipatory bail, exception being when court is prima facie satisfied that no case is made out against the accused after perusing FIR, case diary, and other materials — Accused absconded for almost six and a half years, threatened victim, had criminal antecedents, and was not traceable — Acquittal of co-accused does not automatically entitle absconding accused to anticipatory bail, as prosecution is not expected to adduce evidence against absconding accused during trial of co-accused — Granting anticipatory bail to an absconding accused sets a bad precedent Essential Commodities Act, 1955 — Sections 3, 7 — Cement Control Order, 1967 — Maharashtra Cement (Licensing and Control) Order, 1973 — Decontrol of cement price and distribution from March 1, 1989 — Conviction for offences relating to cement contravention after decontrol — Unsustainable in law — Prosecution fundamentally unsustainable due to absence of operative control order on relevant date.

The Trial Court has found that when the version, as regards the recovery was truthfully and fully corroborated, was acceptable and there was no reason to reject the version of the witness – The medical evidence substantially establishes the intention of the accused to eliminate the deceased and the injuries sustained by the deceased discloses the coordinated vengeance with which the assault was caused by the Appellants, in order to ensure that the deceased did not survive – Appeals dismissed.

  (2013) 5 ABR 841 : (2013) 7 AD 664 : AIR 2013 SC 3510 : (2013) CriLJ 4011 : (2013) 8 SCALE 131 : (2013) 12 SCC 721 SUPREME…

Indian Penal Code, 1860, S.185–False Statement- In order to prosecute an accused for an offence punishable under Section 182 IPC, it is mandatory to follow the procedure prescribed under Section 195 of the Code else such action is rendered void ab initio-Criminal Procedure Code, 1973, S.195.

2017(1) Law Herald (SC) 144 : 2017 LawHerald.Org 513 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice A.K. Sikri The Hon’ble Mr. Justice Abhay Manohar Sapre Criminal…

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