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Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) — Sections 20(b)(ii)(C), 25 and 29 — Conviction and Sentence — Separate punishments for offences under Section 20 as well as offences under Sections 25 and 29 are permissible, as these are distinct and independent offences, even if they arise from the same transaction. Industrial Disputes Act, 1947 — Section 33C(2) — Maintainability of claim petition — Labour Court and High Court dismissed the appellant’s case on the technical ground of non-maintainability of the petition under Section 33C(2) of the ID Act, primarily because proceedings under this section are in the nature of execution proceedings — The issue of grant of pension was disputed by the respondent-Bank and therefore could not be held to be a pre-existing right — Dismissal of the case at the threshold by both the Labour Court and High Court was upheld. Civil Procedure Code, 1908 (CPC) — Order 1 Rule 10 — Impleadment of parties — Principles for impleadment — A necessary party is essential for effective order, while a proper party aids complete adjudication — In writ proceedings, a person directly affected by an interim order can be joined even if not an original party. Criminal Procedure Code, 1973 (CrPC) — Section 374 — Appeal against dismissal of criminal appeal by High Court — Conviction under Section 302 IPC and Section 27 Arms Act — Prosecution case based entirely on circumstantial evidence — No eyewitnesses — Reliability of prosecution witnesses critically examined — Admission by key witness regarding darkness and identification by voice only, materially undermining credibility — Evidence found insufficient to meet standard of proof in criminal law and exclude reasonable hypotheses of innocence — Conviction set aside and appellant acquitted. Penal Code, 1860 (IPC) — Section 294(b) — Conviction for uttering obscene words — Held, mere use of the word “bastard” is not sufficient to constitute obscenity, especially in heated conversations during the modern era — Conviction under Section 294(b) IPC is not sustainable and is liable to be set aside.

Constitution of India, 1950 – Article 370 – Abrogation of Special Status for Jammu and Kashmir upheld – State of Jammu and Kashmir does not have ‘internal sovereignty’ which is distinguishable from the powers and privileges enjoyed by other States in the country – Article 370 was a feature of asymmetric federalism and not sovereignty.

SUPREME COURT OF INDIA CONSTITUTION BENCH IN RE: ARTICLE 370 OF THE CONSTITUTION ( Before : Dr Dhananjaya Y Chandrachud, B R Gavai, Sanjay Kishan Kaul, Sanjiv Khanna and Surya…

Gujarat Prevention of Fragmentation and Consolidation of Holdings Act, 1947 – Sections 2(4) and 31(2) – Eviction – having purchased the land in the year 2007 after parting with valuable consideration, the appellant cannot be condemned without providing him a full opportunity to put forth his case with supporting evidence – Accordingly, This Court allow this appeal and set aside the orders passed by the Gujarat High Court as well as the orders passed by the authorities and remand the matter for consideration afresh on facts and law.

SUPREME COURT OF INDIA DIVISION BENCH KANAIYALAL MAFATLAL PATEL — Appellant Vs. THE STATE OF GUJARAT AND OTHERS — Respondent ( Before : C.T. Ravi Kumar and Sanjay Kumar, JJ.…

Arbitration and Conciliation Act, 1996 – Section 2(1)(h) read with Section 7 – Arbitration Proceedings – Applicability of Group of Companies Doctrine – Group of Companies doctrine is applicable to arbitration proceedings – Definition of “parties” under Section 2(1)(h) read with Section 7 of the Arbitration Act includes both the signatory as well as non-signatory parties

SUPREME COURT OF INDIA CONSTITUTION BENCH COX AND KINGS LTD. — Appellant Vs. SAP INDIA PVT. LTD. AND ANOTHER — Respondent ( Before : Dr Dhananjaya Y Chandrachud, CJI., Hrishikesh…

Income Tax Act, 1961 – Section 32(1) – Income Tax Rules, 1962 – Rule 5(1A) – There is no requirement under the second proviso to sub-rule (1A) of Rule 5 of the Rules that any particular mode of computing the claim of depreciation has to be opted for before the due date of filing of the return

SUPREME COURT OF INDIA DIVISION BENCH COMMISSIONER OF INCOME TAX — Appellant Vs. M/S JINDAL STEEL AND POWER LIMITED THROUGH ITS MANAGING DIRECTOR — Respondent ( Before : B. V.…

Suit for specific performance – Refund of earnest money – Merely refunding the earnest money paid, after sixty years will be unreasonable as the respondent, after booking the plot, has been waiting all along as even in the litigation since 1986 – Price of the land in the area has increased manifold for the last sixty years – Appellant pays a total amount of Rs. 50,00,000/- to the respondent as full and final settlement of claim in the suit – Appeals disposed of.

SUPREME COURT OF INDIA DIVISION BENCH M/S GREATER ASHOKA AND LAND DEVELOPMENT COMPANY @ APPELLANT Vs. KANTI PRASAD JAIN (DECEASED) THROUGH LRS — Respondent ( Before : Vikram Nath and…

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