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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.

Circumstantial Evidence–Last Seen Together–There can be no fixed or straight jacket formula for the duration of time gap in this regard and it would depend upon the evidence led by the prosecution to remove the possibility of any other person meeting the deceased in the intervening period. Murder—Acquittal—Circumstantial Evidence—There was gap of 8½ hours when deceased was seen alive with accused—It is considerable gap between the time of crime

  2007(2) LAW HERALD (SC) 1409 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice B.N. Agrawal The Hon’ble Mr. Justice P.P. Naolekar Criminal Appeal No. 873 of…

Service Matters

Industrial Disputes Act, 1947 – Section – 33(1)(a), 33A – Order of dismissal – The respondent filed an application under Section 33(1)(a) of the Industrial Disputes Act, 1947 contending that since the dispute relating to an employee in Bhadrak zone was pending adjudication in the Industrial Tribunal, without the leave of the Tribunal under Section 33A his service could not be terminated

(1997) 84 CLT 531 : (1997) 2 LLJ 382 : (1996) 9 SCALE 277 : (1997) 9 SCC 296 : (1997) SCC(L&S) 1297 : (1996) 9 SCR 380 Supp SUPREME…

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