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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.

Civil Procedure Code, 1908 (CPC) – Section 107 – Interference with finding of fact – Considerations for – The rule of practice is that where the evidence is conflicting and decision hinges upon the credibility of witnesses, the appellate court should not interfere with finding of civil Court on question of fact.

  AIR 1951 SC 120 : (1950) 1 SCR 781 SUPREME COURT OF INDIA SARJU PERSHAD — Appellant Vs. RAJA JWALESHWARI PRATAP NARAIN SINGH AND OTHERS — Respondent ( Before…

Contract Act, 1872 – Sections 17 and 23 – Fraudulent terms – Avoidance of creditor – Rules of Voluntary Provident Fund Trust providing that in case of insolvency of subscriber, the property standing to his credit will vest in the Trust and not the Official Receiver – Such clause if allowed would be fraud perpetrated on insolvency law and therefore is not valid or binding.

  AIR 1956 SC 336 : (1956) 2 LLJ 215 : (1956) 1 SCR 100 SUPREME COURT OF INDIA MUKTI LAL AGARWALA — Appellant Vs. TRUSTEES OF THE PROVIDENT FUND…

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