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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.

Succession Act, 1925 – Section 273(b) – Partition suit – Transfer of – Virtue of Proviso (b) of Section 273 of the Indian Succession Act, 1925, any letters of administration granted by the District Court, Saket cannot have effect in other States unless the value of the property affected by the grant and located beyond the limits of the State, does not exceed Rs.10,000/.

SUPREME COURT OF INDIA SINGLE BENCH RAVINDER NATH AGARWAL — Appellant Vs. YOGENDER NATH AGARWAL AND OTHERS — Respondent ( Before : V. Ramasubramanian, J. ) Transfer Petition (Civil) No.…

Trade Marks Act, 1999 – S 85 and 87 – In the absence of any member, the chairperson may, if the occasion so arises, act as technical or judicial member – Section 87 enables a vice-chairperson, or as the case may be the senior-most member of the board to act as chairperson in the event of a vacancy to that position

SUPREME COURT OF INDIA FULL BENCH THE INTERNATIONAL ASSOCIATION FOR PROTECTION OF INTELLECTUAL PROPERTY (INDIA GROUP) — Appellant Vs. UNION OF INDIA — Respondent ( Before : L. Nageswara Rao,…

Arbitration and Conciliation Act, 1996 – Section 12 – Time limit for arbitral award – Appointment of the Sole Arbitrator is subject to the declarations made under Section 12 of the Arbitration and Conciliation Act, 1996 (as amended) Parties are directed to approach the Indian Council of Arbitration within a period of 2 weeks to fix the date of the arbitral proceedings.

SUPREME COURT OF INDIA DIVISION BENCH NATIONAL HIGHWAYS AUTHORITY OF INDIA — Appellant Vs. M/S. PROGRESSIVE CONSTRUCTION LIMITED — Respondent ( Before : Indu Malhotra and Ajay Rastogi, JJ. )…

(CrPC) – Ss 320, 320(2) &320(5) – (IPC) – S 324 – Custodial Death – A case where the accused who were police officers, one of them being in-charge of Station and other Senior Inspector have themselves brutally beaten the deceased, who died the same night – Their offences cannot be compounded by the Court in exercise of Section 320(2) read with sub-section (5).

SUPREME COURT OF INDIA DIVISION BENCH PRAVAT CHANDRA MOHANTY — Appellant Vs. THE STATE OF ODISHA AND ANOTHER — Respondent ( Before : Ashok Bhushan and Ajay Rastogi, JJ. )…

Relief has been sought is (i) cancellation of all the agreements; (ii) refund of moneys to purchasers; and in the alternative (iii) ensuring that the construction is carried out and that the premises are handed over within a reasonable period of time -Entertaining a petition of this nature will involve the Court in virtually carrying out a day to day supervision of a building project

SUPREME COURT OF INDIA DIVISION BENCH UPENDRA CHOUDHURY — Appellant Vs. BULANDSHAHAR DEVELOPMENT AUTHORITY AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and M. R. Shah, JJ.…

Kerala Private Forest (Vesting and Assignment) Act, 1971 – Section 8 – Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Act, 2003 -It is just and proper that even if the respondents are not compensated for the value of the land, they need to be compensated for the benefits arisen out of the lands for the period they were kept out of possession by action of the respondents, treating it to be vested land under Act, 1971

SUPREME COURT OF INDIA FULL BENCH THE CONSERVATOR AND CUSTODIAN OF FOREST AND OTHERS — Appellant Vs. SOBHA JOHN KOSHY AND ANOTHER — Respondent ( Before : Ashok Bhushan, R.…

Service Matters

Heart ailment – Section 2(i) of the Act takes into account visual disability, locomotor disability, mental illness, mental retardation, hearing impairment and leprosy – A heart ailment is not covered within the definition of disability in the Act – When the 1995 Act was replaced by the Rights of Persons with Disabilities Act, 2016,

SUPREME COURT OF INDIA FULL BENCH NAWAL KISHORE SHARMA — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Sanjay Kishan Kaul, Dinesh Maheshwari and Hrishikesh Roy,…

Societies Registration Act, 1860 – Sections 10 and 24 – Held, the appellants who are otherwise eligible to be enrolled as members of the Society in their own rights need not be denied of the same – They have a right to be considered for being admitted as members of the Society by the newly elected Managing Committee.

SUPREME COURT OF INDIA DIVISION BENCH SWATI ULHAS KERKAR AND OTHERS — Appellant Vs. SANJAY WALAVALKAR AND OTHERS — Respondent ( Before : A.M. Khanwilkar and S. Ravindra Bhat, JJ.…

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