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.
Service Matters

Validity of the charge memo – A charge memo imputing misconduct on his part was issued to respondent – The respondent filed O.A. in the Administrative Tribunal challenging the validity of the charge memo dated September 28, 1991. The Tribunal in the impugned order dated April 15, 1994 set aside the charge memo on the ground that the charges were vague

  (1996) 8 AD 728 : (1997) 75 FLR 2 : (1996) 10 JT 40 : (1997) 2 LLJ 1011 : (1996) 8 SCALE 14 : (1996) 11 SCC 498…

Customs Act, 1962 – Section – 15(1), 46(5) – Exemption from duty – Appeal relates to the applicability of the Notifications No. 439/86 and No. 440/86, dated October 6, 1986 whereby partial exemption admissible in respect of basic customs duty and auxiliary customs duty on wood and articles of wood falling under Notifications was withdrawn

  (1997) 94 ELT 454 : (1997) 11 SCC 654 SUPREME COURT OF INDIA KHATTAR ENTERPRISES (P) LTD. — Appellant Vs. COLLECTOR OF CUSTOMS, CALCUTTA — Respondent ( Before :…

Constitution of India, 1950 – Article – 14 – Claim for exemption – Respondent company is entitled to the benefit of the exemption notification – In order to be treated as a manufacturer the respondent must not hold any share in the capital of any foreign company and no part of the capital of the respondent company must be held by a foreigner or a foreign company.

  (1999) 107 ELT 579 : (1997) 11 SCC 657 SUPREME COURT OF INDIA UNION OF INDIA (UOI) AND ANOTHER — Appellant Vs. SUHRID GEIGY LTD. — Respondent ( Before…

Migration to the Medical College – The Migration Sub-Committee of the Medical Council of India rejected the application whereupon a writ petition was filed on 30th July, 1998 in the High Court. By order dated 26th March, 1999, respondent No. 1 was allowed to attend the 2nd Year MBBS classes at the Government Medical College, Aurangabad and it is this order which is challenged in the present case

  (2000) 5 JT 498 : (2000) 9 SCC 163 SUPREME COURT OF INDIA nt Vs. DIPARANI P. DESHMUKH AND ANOTHER — Respondent ( Before : S. S. M. Quadri,…

Civil Procedure Code, 1908 (CPC) – Section – 144 – Constitution of India, 1950 – Article – 136 – Restitution of application – There is no question of interference under Article 136 of the Constitution in this Special Leave Petition against the order of the High Court by which the trial court is directed to decide the restitution application under Section 144 C.P.C. at the earliest

  (1999) 10 JT 423 : (2000) 9 SCC 200 SUPREME COURT OF INDIA DEV DUTTA AND OTHERS — Appellant Vs. SOHAN LAL AND OTHERS — Respondent ( Before :…

Rejection of Plaint–That if the plaint does not contain necessary averments relating to limitation, the same is liable to be rejected. Rejection of Plaint–While deciding the application, few lines or passage should not be read in isolation and the pleadings have to be read as a whole to ascertain its true import.

     2007(4) LAW HERALD (SC) 3264 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Jusitce Tarun Chatterjee The Hon’ble Mr. Jusitce P. Sathasivam Civil Appeal No. 4626 of…

You missed