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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.
Service Matters

Service Law – Appointment – Post of Village Development Officers – A candidate/applicant has to comply with all the conditions/eligibility criteria as per the advertisement before the cut-off date mentioned therein unless extended by the recruiting authority – Advertisement clearly specified the essential qualification was a Course of Computer Concept Certificate – Appellants despite opportunity to appear to show such equivalence, having failed to do so, nothing survives on this count – Appeal dismissed.

SUPREME COURT OF INDIA DIVISION BENCH SUDHIR SINGH AND OTHERS — Appellant Vs. STATE OF U.P. AND OTHERS — Respondent ( Before : Vikram Nath and Ahsanuddin Amanullah, JJ. )…

Execution of decree – All questions between the parties can be decided by the executing court – But the important aspect to remember is that these questions are limited to the “execution of the decree” – Executing court can never go behind the decree – Under Section 47, CPC the executing court cannot examine the validity of the order of the court which had allowed the execution of the decree in 2013, unless the court’s order is itself without jurisdiction.

SUPREME COURT OF INDIA DIVISION BENCH PRADEEP MEHRA — Appellant Vs. HARIJIVAN J. JETHWA (SINCE DECEASED THR. LRS.) AND OTHERS — Respondent ( Before : Sanjay Kishan Kaul and Sudhanshu…

Service Matters

Kerala Irrigation Engineering Service Special Rules, 2010 – Challenge to antedating of a seniority list – Not find that any case has been made out for interference in appeal for the reason that appellant has not been able to demonstrate that for the purpose of promotion from the post of Assistant Engineer to that of Assistant Executive Engineer, he was likely to be affected by antedating the date of promotion of the private respondents as separate quotas had been prescribed for promotion to the next higher post for the categories of Graduate Engineers and Diploma Holders

SUPREME COURT OF INDIA DIVISION BENCH C. ANIL CHANDRAN — Appellant Vs. M.K. RAGHAVAN AND OTHERS — Respondent ( Before : Hima Kohli and Rajesh Bindal, JJ. ) Civil Appeal…

We are not inclined to proceed further with the present writ petition, as it is clear from the counter affidavit filed by respondent no. 2 – Telecom Regulatory Authority of India (TRAI) that the cellular mobile telephone number once deactivated for non-usage or disconnected on the request of subscriber, is not allocated to the new subscriber for at least a period of 90 days. It is for the earlier subscriber to take adequate steps to ensure that privacy is maintained.

SUPREME COURT OF INDIA DIVISION BENCH RAJESWARI — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Sanjiv Khanna and S.V.N. Bhatti, JJ. ) Writ Petition (Civil)…

HELD The affidavit further states that following the practice of the NCLAT, the deponent did not entertain any attempt at mentioning by the counsel and that the order of this Court dated 13 October 2023 was not on the record before the Bench presided by the deponent on 13 October 2023. What the affidavit does not state is that a conscious effort was made by the Bench to prevent the order of this Court being placed on the record despite the fact that the court was apprised of the passing of the order by this Court in the morning session. We censure the conduct of the Member

SUPREME COURT OF INDIA FULL BENCH ORBIT ELECTRICALS PRIVATE LIMITED — Appellant Vs. DEEPAK KISHAN CHHABRIA AND OTHERS ( Before : Dr Dhananjaya Y Chandrachud, CJI., J B Pardiwala and…

Criminal Procedure Code, 1973 (CrPC) – Section 389(1) – Appeal for suspension of sentence is pending – Bail Canceled by High Court – Appeal – Under no circumstances, the bail granted to an accused under sub-section 1 of Section 389 can be cancelled without giving a reasonable opportunity to the accused of being heard – Under sub-section 1 of Section 389, while suspending the sentence of the appellant-accused who is in Jail, the Appellate Court has to enlarge the accused on bail till the final disposal of the appeal – Second proviso to sub-section 1 of Section 389 permits the Public Prosecutor to file an application for cancellation of the bail granted under sub-section 1 –

SUPREME COURT OF INDIA DIVISION BENCH PURUSHOTHAMAN — Appellant Vs. STATE OF TAMIL NADU — Respondent ( Before : Abhay S.Oka and Pankaj Mithal, JJ. ) Criminal Appeal No. 3341…

Consumer Complaint – Deficiency of service or defect – Adverse reaction due to administration of vaccine Engerix-B – Non-mentioning of myositis being suffered as an adverse reaction in the literature accompanying the injection or on the vial not amounts to deficiency of service, more particularly when the adverse reaction was minimal only to the extent of 0.02 in one million – If the matter is looked at from its correct perspective it is seen that except for the appellant assuming that he has suffered myositis and the cause for the same was the Engerix-B vaccine being administered, the same has not been established with the minimal required evidence to conclude even on preponderance of probability – Complaint dismissed

(2023) 11 SCALE 325 SUPREME COURT OF INDIA DIVISION BENCH PRAKASH BANG — Appellant Vs. GLAXO SMITHKLINE PHARMACEUTICALS LTD. AND ANOTHER — Respondent ( Before : A.S. Bopanna and Prashant…

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