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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.

Murder – Life imprisonment – Appeal against reversing the order of acquittal – there are glaring contradictions between the testimony of even these two witnesses on the type of material object used and even on the role of A­2, the very foundation of the case of the prosecution stood shaken –

SUPREME COURT OF INDIA DIVISON BENCH RAMABORA @ RAMABORAIAH AND ANOTHER — Appellant Vs. STATE OF KARNATAKA — Respondent ( Before : Indira Banerjee and V. Ramasubramanian, JJ. ) Criminal…

HELD one transaction of sale of software and once it is accepted that the software put in the CD is ‘goods’, then there cannot be any separate service element in the transaction. We are saying so because even otherwise the user is put in possession and full control of the software. It amounts to ‘deemed sale’ which would not attract service tax.

SUPREME COURT OF INDIA DIVISON BENCH COMMISSIONER OF SERVICE TAX DELHI — Appellant Vs. QUICK HEAL TECHNOLOGIES LIMITED — Respondent ( Before : Abhay S. Oka and J.B. Pardiwala, JJ.…

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