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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

Constitution of India, 1950 – Art 14, 16 & 21 – Pension Scheme – Retired employees – Whenever such new benefit is extended for the existing employees, retired employees cannot seek such benefit, merely on the ground that they too were the former employees of the Corporation.

SUPREME COURT OF INDIA FULL BENCH HIMACHAL ROAD TRANSPORT CORPORATION AND ANOTHER — Appellant Vs. HIMACHAL ROAD TRANSPORT CORPORATION RETIRED EMPLOYEES UNION — Respondent ( Before : Ashok Bhushan, R.…

Education Law – Affiliation for conducting MBBS and post graduate courses- In case of non-compliance, the order passed by the ASC for withdrawal of the affiliation would continue – Not find anything wrong in the letter whereby KUHS has rejected KMC’s application for continuation of affiliation for the academic year 2020-21 as it is a necessary sequitur and consequence of the two orders passed by this Court.

SUPREME COURT OF INDIA DIVISION BENCH LALITHA R NATH AND OTHERS — Appellant Vs. KANNUR MEDICAL COLLEGE AND OTHERS — Respondent ( Before : S. Abdul Nazeer and Sanjiv Khanna,…

Service Matters

Motor Transport – Selection process is mandated due to the posts of Head Constable Motor Transport being highly technical – Rules are neither discriminatory nor arbitrary – Constable Drivers can be promoted on the basis of seniority to Head Constable Drivers – If they desire to be appointed as Head Constable Motor Transport, then they have to go through selection process –

SUPREME COURT OF INDIA DIVISION BENCH RAJESH KUMAR SINGH AND OTHERS — Appellant Vs. THE STATE OF UTTAR PRADESH AND OTHERS — Respondent ( Before : L. Nageswara Rao and…

U L (Ceiling & Reg) Repeal Act, 1999 – Ss 3(1)(a) and S 3(2) – Ownership and possession -There is nothing on record, that conclusively establishes possession of the suit property either by the Competent Authority or the Appellant herein. Given the conflicting averments made by the parties, this is a pure question of fact – Matter to be remitted to the D B of the Karnataka High Court to consider the case afresh.

SUPREME COURT OF INDIA DIVISION BENCH U.A. BASHEER THROUGH G.P.A. HOLDER — Appellant Vs. STATE OF KARNATAKA AND ANOTHER — Respondent ( Before : Mohan M. Shantanagoudar and Vineet Saran,…

Consent decree – Estoppel – It is well settled that consent decrees are intended to create estoppels by judgment against the parties, thereby putting an end to further litigation between the parties – A consent decree would not serve as an estoppel, where the compromise was vitiated by fraud, misrepresentation, or mistake

SUPREME COURT OF INDIA DIVISION BENCH COMPACK ENTERPRISES INDIA PRIVATE LIMITED — Appellant Vs. BEANT SINGH — Respondent ( Before : Mohan M. Shantanagoudar and Vineet Saran, JJ. ) SLP…

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