Latest Post

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.

W B Premises Requisition and Control (Temporary Provisions) Act, 1947- To then say that the urgency provision could be invoked on account of the Single Judge’s order dated 22.06.2000, is to attempt to infer from the said order, much more than it actually said – Therefore, the Division Bench rightly held that at best this order could possibly refer to the acquisition proceedings

SUPREME COURT OF INDIA DIVISION BENCH PUNALUR PAPER MILLS LIMITED — Appellant Vs. WEST BENGAL MINERAL DEVELOPMENT AND TRADING CORPORATION LIMITED AND OTHERS — Respondent ( Before : R.F. Nariman…

Necessary Ingredients to constitute an offence under Section 420 (IPC) are as follows: (i) a person must commit the offence of cheating under Section 415; and (ii) the person cheated must be dishonestly induced to (a) deliver property to any person; or (b) make, alter or destroy valuable security or anything signed or sealed and capable of being converted into valuable security.

SUPREME COURT OF INDIA DIVISION BENCH ARCHANA RANA — Appellant Vs. STATE OF UTTAR PRADESH AND ANOTHER — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and M.R. Shah, JJ.…

Supreme Court had taken suo motu cognizance of the problems faced by migrant labourers “who have been stranded in different parts of the country.” The Court had issued notice to the Centre and all states and union territories, directing them to submit their responses to tackle this “urgent” situation.

[COVID-19 Migrant Crisis] 90% of migrants already transported, argues SG Tushar Mehta; Supreme Court reserves order for June 9 Debayan Roy Jun 5, 2020, 4:01 PM IST The Supreme Court today…

Service Matters

Principle of `equal pay for equal work’, in relation to temporary employees (daily-wage employees, ad-hoc appointees, employees appointed on casual basis HELD that all the concerned temporary employees, in the present bunch of cases, would be entitled to draw wages at the minimum of the pay-scale (-at the lowest grade, in the regular pay-scale), extended to regular employees, holding the same post.

SUPREME COURT OF INDIA Before:- Jagdish Singh Khehar and S.A. Bobde, JJ. Civil Appeal No. 213 Of 2013. D/d. 26.10.2016. State of Punjab & Ors. – Appellants Versus Jagjit Singh…

Matrimonial Law – Restitution of conjugal rights – Wronged party cannot be expected to continue with the matrimonial relationship. Husband is accordingly held entitled to dissolution of his marriage and consequently the wife’s application for restitution of conjugal rights stands dismissed

SUPREME COURT OF INDIA FULL BENCH JOYDEEP MAJUMDAR — Appellant Vs. BHARTI JAISWAL MAJUMDAR — Respondent ( Before : Sanjay Kishan Kaul, Dinesh Maheshwari and Hrishikesh Roy, JJ. ) Civil…

You missed