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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.

India cannot have two parallel legal systems, “one for the rich and the resourceful and those who wield political power and influence and the other for the small men without resources and capabilities to obtain justice or fight injustice.” The existence of a dual legal system will only chip away the legitimacy of the law. – Order of High Court shall stand set aside – Bail cancelled

SUPREME COURT OF INDIA DIVISION BENCH SOMESH CHAURASIA — Appellant Vs. STATE OF M.P. AND ANOTHER — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and Hrishikesh Roy, JJ. )…

Consumer Protection Act, 1986 – Section 2(d) – Subsequent Purchaser of Flat – Relief of interest on refund HELD The equities, in the opinion of this court, can properly be moulded by directing refund of the principal amounts, with interest @ 9% per annum from the date the builder acquired knowledge of the transfer, or acknowledged it.

SUPREME COURT OF INDIA FULL BENCH M/S LAUREATE BUILDWELL PRIVATE LIMITED — Appellant Vs. CHARANJEET SINGH — Respondent ( Before : Uday Umesh Lalit, Hemant Gupta and S. Ravindra Bhat,…

AGR dues – In prior order while disposing of the Case, this Court reiterated that no telecom operator shall raise any dispute in respect of the demand raised by the Department of Telecommunications pertaining to AGR dues – There is no scope for any recalculation/re-computation of AGR dues – Applications dismissed.

SUPREME COURT OF INDIA FULL BENCH UNION OF INDIA — Appellant Vs. ASSOCIATION OF UNIFIED TELECOM SERVICE PROVIDERS OF INDIA AND OTHERS — Respondent ( Before : L. Nageswara Rao,…

Unlawful assembly “to snatch the voters list and to cast bogus voting” – Essence of the electoral system should be to ensure freedom of voters to exercise their free choice – Any attempt of booth capturing and/or bogus voting should be dealt with iron hands because it ultimately affects the rule of law and democracy – Nobody can be permitted to dilute the right to free and fair election – Appeal dismissed

SUPREME COURT OF INDIA DIVISION BENCH LAKSHMAN SINGH — Appellant Vs. STATE OF BIHAR (NOW JHARKHAND) — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and M.R. Shah, JJ. )…

S E B I Act, 1992 – Ss 24(1) & 24A – Compounding of offence – SEBI’s consent cannot be mandatory before SAT or the Court before which the proceeding is pending, for exercising the power of compounding under Section 24A- offences which lie outside the IPC, compounding may be permitted only if the statute which creates the offence contains an express provision for compounding before such an offence can be made compoundable – Power of compounding must, in other words, be expressly conferred by the statute which creates the offence.

SUPREME COURT OF INDIA DIVISION BENCH PRAKASH GUPTA — Appellant Vs. SECURITIES AND EXCHANGE BOARD OF INDIA — Respondent ( Before : Dr Dhananjaya Y Chandrachud and M R Shah,…

(CrPC) – Section 197 – Protection of Sanction – HELD to find out whether the alleged offence is committed “while acting or purporting to act in the discharge of his official duty” , the yardstick to be followed is to form a prima facie view whether the act of omission for which the accused was charged had a reasonable connection with the discharge of his duties.

SUPREME COURT OF INDIA DIVISION BENCH INDRA DEVI — Appellant Vs. STATE OF RAJASTHAN AND ANOTHER — Respondent ( Before : Sanjay Kishan Kaul and Hemant Gupta, JJ. ) Criminal…

Fraud and misappropriation of funds – Power under Section 156(3) can be exercised by the Magistrate even before he takes cognizance provided the complaint discloses the commission of cognizable offence – he is not to examine the complainant on oath because he was not taking cognizance of any offence therein

SUPREME COURT OF INDIA DIVISION BENCH M/S SUPREME BHIWANDI WADA MANOR INFRASTRUCTURE PRIVATE LIMITED — Appellant Vs. THE STATE OF MAHARASHTRA AND ANOTHER — Respondent ( Before : Dr. Dhananjaya…

IBC – Initiation of the Corporate Insolvency Resolution Process by a Financial Creditor under Section 7 of the IBC is the occurrence of a default by the Corporate Debtor – Definition of ‘Financial Debt’ in Section 5(8) of IBC does not expressly exclude an interest free loan – ‘Financial Debt’ would have to be construed to include interest free loans advanced to finance the business operations of a corporate body

SUPREME COURT OF INDIA DIVISION BENCH M/S ORATOR MARKETING PRIVATE LIMITED — Appellant Vs. M/S SAMTEX DESINZ PRIVATE LIMITED — Respondent ( Before : Indira Banerjee and V. Ramasubramanian, JJ.…

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