Latest Post

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.

Held according to the test laid down by a seven Judge Bench in Bangalore Water Supply and Severage Board vs. A Rajappa and Others, (1978)2 SCC 213, the Telecom Department of Union of India is an ‘industry’ within that definition, because it is engaged in a commercial activity and the Department is not engaged in discharging any one of the sovereign functions of the State.

  AIR 1998 SC 656 : (1997) 9 JT 234 : (1997) 7 SCALE 99 : (1997) 8 SCC 767 : (1998) SCC(L&S) 6 : (1997) 5 SCR 212 Supp…

Penal Code, 1860 (IPC) – Section 300 – Murder – Incident of firing – Ocular as well as medical evidence – Oral evidence not found at variance with medical evidence – Prosecution evidence pertaining to assault by fire arms substantially tallied with medical evidence – Inconsistency relating to distance from which gunshots were fired held to be inconsequential

  (2008) 8 JT 411 : (2008) 10 SCALE 536 : (2009) AIRSCW 1752 SUPREME COURT OF INDIA SURAJ SINGH — Appellant Vs. STATE OF U.P. — Respondent ( Before…

Administration of Evacuee Property Act, 1950 – Section – 33, 27, 22, 54-It is not in dispute that no opportunity was granted to displaced person on 10.11.1982 and before passing of the order on 11.11.1982 – There was constructive res judicata, and there is no provision to move after 9 years for transfer of the kothi. It is significant that all previous orders which have relevance were suppressed – All previous orders which have relevance were suppressed – Appeal dismissed.

  (2008) 8 JT 295 : (2008) 10 SCALE 551 : (2008) 12 SCC 306 SUPREME COURT OF INDIA BEHARI KUNJ SAHKARI AVAS SAMITI — Appellant Vs. STATE OF U.P.…

You missed