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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

Criterion of “seniority – cum – merit” in the matter of promotion postulates that given the minimum necessary merit requisite for efficiency of administration, the senior, even though less meritorious, shall have priority and a comparative assessment of merit is not required to be made

SUPREME COURT OF INDIA DIVISION BENCH TEK CHAND AND OTHERS — Appellant Vs. BHAKRA BEAS MANAGEMENT BOARD (B.B.M.S.) AND OTHERS — Respondent ( Before : Navin Sinha and R. Subhash…

HELD definition of “vicarious liability” it can be inferred that the person supervising the driver is liable to pay the compensation to the victim – During such time, however, it will be deemed that that vehicle was transferred along with the insurance policy, even if it were insured at the instance of the original owner

  SUPREME COURT OF INDIA DIVISION BENCH UTTAR PRADESH STATE ROAD TRANSPORT CORPORATION — Appellant Vs. NATIONAL INSURANCE CO. LIMITED AND OTHERS — Respondent ( Before : S. Abdul Nazeer…

Compounding Must Be Conferred Statute Which Creates Offence HELD First, that private parties should be allowed to settle a dispute between them at any stage (with or without the permission of the Court, depending on the offence), even of a criminal nature, if proper restitution has been made to the aggrieved party. Second, that, however, this should not extend to situations where the offence committed is of a public nature, even when it may have directly affected the aggrieved party.

Societal interest in the prosecution of crime which has a wider social dimension must be borne in mind “59….The first of these principles is crucial so as to allow for…

Tribunal Reforms (Rationalisation and Conditions of Service) Ordinance, 2021 – Sections 12 and 13 – Finance Act, 2017 – Sections 184 and 186 (2) – Appointment of Tribunal Members or Chairperson – Provisions requiring minimum age for appointment as Chairperson or Members as 50 years and prescribing the tenure of four years is Struck Down

SUPREME COURT OF INDIA FULL BENCH MADRAS BAR ASSOCIATION — Appellant Vs. UNION OF INDIA AND ANOTHER — Respondent ( Before : L. Nageswara Rao, Hemant Gupta and S. Ravindra…

Court at an earlier instance had taken note of all aspects and had arrived at the conclusion that there is prima facie material against the accused, the mere examination of the wife herein cannot be considered as a change in circumstance for the High Court to consider the fourth bail application of the accused and enlarge him on bail – Opinion that the order passed by High Court impugned herein is not sustainable – Bail cancelled

SUPREME COURT OF INDIA FULL BENCH MAMTA NAIR — Appellant Vs. STATE OF RAJASTHAN AND ANOTHER — Respondent ( Before : N.V. Ramana, CJI, A.S. Bopanna and Hrishikesh Roy, JJ.…

Service Matters

Service Law – Higher Pay Scale – Grant of benefits of higher pay scale to the Central/State Government employees stand on different footing than grant of pay scale by an instrumentality of the State – Employees of Punjab State Co-operative Milk Producers Federation are entitled to pay scale equivalent to their counterparts in State of Punjab

SUPREME COURT OF INDIA DIVISION BENCH PUNJAB STATE CO-OPERATIVE MILK PRODUCERS FEDERATION LIMITED AND ANOTHER — Appellant Vs. BALBIR KUMAR WALIA AND OTHERS — Respondent ( Before : Sanjay Kishan…

HELD – Section 17(2)(vi) of the Registration Act, 1908. – Principle is based on the fact that family settlement only declares the rights which are already possessed by the parties – A compromise decree in respect of land which is not the subject-matter of suit but is part of the settlement between the family members does not requires compulsory registration in terms of

SUPREME COURT OF INDIA DIVISION BENCH RIPUDAMAN SINGH — Appellant Vs. TIKKA MAHESHWAR CHAND — Respondent ( Before : Sanjay Kishan Kaul and Hemant Gupta, JJ. ) Civil Appeal No.…

Representatives of Facebook has to appear before the Delhi Assembly panel – Any representative of Facebook who would appear before the Committee would be well within their right to refuse to answer the query and such an approach cannot be taken amiss with possibility of inviting privilege proceedingsHELD The power to compel attendance by initiating privilege proceedings is an essential power

SUPREME COURT OF INDIA FULL BENCH AJIT MOHAN AND OTHERS — Appellant Vs. LEGISLATIVE ASSEMBLY NATIONAL CAPITAL TERRITORY OF DELHI AND OTHERS — Respondent ( Before : Sanjay Kishan Kaul,…

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