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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.

The Court has always clarified that the punishment so awarded would be subject to any order passed in exercise of the clemency powers of the President of India or Governor of State, as the case may be. Pardons, reprieves and remissions are granted in exercise of prerogative power. There is no scope of judicial review of such orders except on very limited grounds for example non- Application of mind while passing the order;

(2013) 4 RCR(Criminal) 192 : (2013) 10 SCALE 671 : (2013) 10 SCC 631 SUPREME COURT OF INDIA GURVAIL SINGH @ GALA — Appellant Vs. STATE OF PUNJAB — Respondent…

Constitution of India, 1950 – Article – 144 – Review of application – Whether the admission is of a sale or an agreement to sell – Article 144, requires all authorities, civil and judicial in the territory of India to act in aid of the Supreme Court – It was imperative for the High Court, to have decided the questions that it was required to decide by this Court’s order dated 19-12-1997.

  (1999) 9 JT 123 : (1999) 5 SCC 622 SUPREME COURT OF INDIA BHARAT BUILDER PVT. LTD. AND OTHERS — Appellant Vs. PARIJAT FLAT OWNERS COOP. HOUSING SOCIETY LTD.…

Complaint should contain averment that accused were incharge of the business of the company – Complainant bound to make statement on oath as to how offence was committed and accused persons were responsible therefor – Appellants were not Directors of the Company at the relevant time – Impugned order directing issue of process cannot be sustained and set aside.

  AIR 2006 SC 3086 : (2007) 2 BC 210 : (2006) 6 CompLJ 290 : (2006) CriLJ 4602 : (2006) 12 JT 20 : (2006) 9 SCALE 212 :…

Civil Procedure Code, 1908 (CPC) – Order 23, Rule 3A – Bar to suit – Suit for Declaration and injunction – Agreement to develop plot of trust and construction of community hall – A sum of Rs. 10,000/- was paid out of a sum of Rs. 3,00,000/- payable as consideration – Categorical finding of fact that earlier suit was filed with the knowledge and consent of all the trustees not disturbed

  (2006) 5 CTC 93 : (2006) 12 JT 69 : (2006) 9 SCALE 174 : (2006) 10 SCC 669 : (2006) 6 SCR 48 Supp SUPREME COURT OF INDIA…

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