Criminal Procedure – Second FIR – The Supreme Court examined whether a second FIR for the killing of Tulsiram Prajapati was permissible when the allegations formed part of the same conspiracy and transaction as the earlier FIR concerning the killings of Sohrabuddin and Kausarbi – The Court reiterated that a second FIR for the same or connected offences arising out of the same transaction is impermissible and violates Article 21 of the Constitution – The Court held that the second FIR and subsequent charge sheet should be treated as a supplementary charge sheet in the first FIR [Paras 6-32].

Constitutional Law – Fundamental Rights – The filing of a second FIR and a fresh charge sheet by the CBI was challenged on the grounds of violating Articles 14, 20, and 21 of the Constitution – The Supreme Court upheld the challenge, ruling that such actions infringed the appellant's fundamental rights and directed that the second FIR be quashed, with the charge sheet filed as a supplementary to the first FIR [Paras 33-42].

Judicial Review – Permissibility of Multiple FIRs – The Court discussed the legal principles governing the filing of multiple FIRs for the same transaction – Citing precedents, the Court emphasized that multiple FIRs for the same occurrence or transaction are not permissible under the law – The decision reaffirms the legal position that a single comprehensive investigation should be conducted, and multiple FIRs lead to a violation of due process [Paras 32-42].

Decision – Writ petitions allowed – Second FIR quashed – Supreme Court directed that the charge sheet filed in the second FIR be treated as a supplementary charge sheet to the first FIR – The actions of the CBI in filing a second FIR were held to be violative of the appellant’s fundamental rights under the Constitution [Paras 43-45].

Narcotics Law – Search and Seizure – Appellant convicted for possessing 3.5 kgs of opium under Section 18 of the NDPS Act – Prosecution supported by evidence from police witnesses – Sole independent witness declared hostile but did not deny signing the seizure list – FSL report confirmed the sample was intact and sealed correctly – Court held conscious possession of contraband was presumed under Section 54 of NDPS Act and no contrary evidence was presented by the appellant – Search conducted by DSP resulted in recovery from the appellant’s tin – Appeal dismissed [Paras 7-14].

Procedural Compliance – Section 50 NDPS Act – Appellant contended the investigation was defective and not in accordance with Section 50 – Court found compliance with mandatory provisions, recovery was made by DSP on the scene – No prejudice due to delay in sending samples to FSL as the seal was intact – Weight discrepancy accounted for by inclusion of container in FSL report [Paras 4-12].

Sentencing – Minimum Imprisonment for Commercial Quantity – Appellant sentenced to 10 years RI and fine of Rs. 1 lakh – Court noted commercial quantity mandates minimum 10-year sentence under Section 18(b) of NDPS Act – No provision in the Act allows for reduction of sentence for special or adequate reasons – Appeal for sentence reduction rejected [Para 13].

Decision – Appeal dismissed – Supreme Court upheld the High Court’s and trial court’s decisions, finding no infirmity in the prosecution’s case or procedural compliance – Conviction and sentence confirmed [Para 14].

Consumer Protection – Medical Negligence and Unfair Trade Practice – Respondent falsely advertised and administered allopathic medicines as Ayurvedic treatments to appellant’s child, resulting in deterioration of the child's condition – NCDRC awarded Rs. 5 lakhs, directing Rs. 2.5 lakhs to be paid to the appellant and Rs. 2.5 lakhs to be deposited in Consumer Legal Aid account – Supreme Court enhanced compensation to Rs. 15 lakhs, payable entirely to the appellant – Respondent found guilty of deceptive practices and negligence [Paras 14-16].

Professional Misconduct – Authority to Prescribe Allopathic Medicines – Respondent claimed entitlement under U.P. Indian Medicine Act, 1939 to prescribe allopathic medicines – Court found no registration with the Medical Council or enrollment in State Medical Register – Letter dated 24th February 2003, relied upon by respondent, was not applicable retrospectively to the period of treatment (1994-1997) – National Commission erred in accepting respondent’s claim without proper registration proof [Paras 12-14].

Quantum of Compensation – Justification and Enhancement – Supreme Court criticized NCDRC for deducting part of the compensation for Consumer Legal Aid without clear reasons – Full compensation awarded to appellant considering physical and mental injury suffered due to respondent’s malpractice – Compensation enhanced to ensure just relief to the appellant [Para 16].

Decision – Appeal allowed – Enhanced compensation to Rs. 15 lakhs payable to the appellant within three months – No separate order as to costs [Para 16].

Criminal Law – Common Intention and Constructive Liability – Appellant convicted of accepting illegal gratification along with another accused – High Court upheld conviction under Prevention of Corruption Act and IPC – Supreme Court reviewed evidence, establishing that both accused shared common intention and were present during the bribery transaction – Appellant’s role in demanding and accepting bribe affirmed by corroborative testimonies and circumstantial evidence [Paras 8-16].

Legal Principles – Application of Section 34 IPC – To attract Section 34 IPC, prosecution must prove that the act was done by more than one person with shared common intention – Common intention can develop at the crime scene and does not require each accused to perform a separate act – Evidence showed appellant’s active participation and presence, justifying application of Section 34 IPC [Paras 9-15].

Presumption and Burden of Proof – Section 20 of the Prevention of Corruption Act – Prosecution established prima facie case with direct evidence of bribery and possession of tainted money – Burden shifted to appellant to disprove the allegations, which was not satisfactorily done – Conviction under Sections 7 and 13(1)(d) read with Section 13(2) of the Act upheld [Paras 5-7, 12].

Decision – Appeal dismissed – Supreme Court affirmed the findings of the trial court and High Court, concluding no error in convicting the appellant – Sentence reduction by High Court maintained – Appellant’s conviction and sentence upheld [Para 16].

Civil Procedure — Stay of Suit — Basic purpose and underlying object of Section 10 CPC — To prevent courts of concurrent jurisdiction from simultaneously entertaining and adjudicating upon two parallel litigations in respect of the same cause of action, same subject matter, and same relief — For Section 10 to apply, the court where the previous suit is pending must be competent to grant the relief claimed in the subsequent suit — Provisions of Section 10 not attracted when only a few matters in issue are common but the entire subject matter in controversy is not the same [Paras 1-14].

Concurrent Jurisdiction — Res Judicata — Test for applicability of Section 10 CPC — Whether the final decision in the previously instituted suit would operate as res judicata in the subsequent suit — If yes, Section 10 applies, and the subsequent suit is stayed — If no, Section 10 is not attracted — Appeal allowed [Paras 9-13].

Decision — Appeal Allowed — Orders of the Trial Court and the High Court set aside — Trial court's stay order under Section 10 CPC vacated — Liberty granted to parties to request the trial court to hear all suits together, subject to trial court’s discretion [Para 16].

Criminal Law — Culpable Homicide and Murder — High Court accepted prosecution version of murder due to intentional and brutal nature of the crime — Trial Judge initially convicted appellant under Section 304 Part I IPC but High Court reversed to Section 302 IPC — Evidence of premeditated intent to cause death — Appeal dismissed [Paras 1-20].

Culpable Homicide not Amounting to Murder — Conversion to Murder — Analysis of injuries and conduct of accused leading to conclusion of intentional and brutal murder — High Court justified in converting conviction from Section 304 Part I to Section 302 IPC [Paras 14-19].

Evidence and Witnesses — Acceptance of hostile witness testimony to the extent it supports prosecution — Scientific evidence corroborating prosecution version — Injuries consistent with intentional infliction and dragging of the body [Paras 10-13].

Decision — Appeals dismissed — Conviction and sentence under Section 302 IPC affirmed by the Supreme Court [Para 20].

Company Law — Maintainability of Petition — Sections 397, 398, and 399 of the Companies Act, 1956 — Petition filed with consent of shareholders holding 10% shares is maintainable — Withdrawal of petition by original petitioners does not render the petition non-existent or non-maintainable — Consenting shareholders are entitled to be transposed as petitioners [Paras 6-11].

Locus Standi and Limitation — Supreme Court's order allowed appellant to file an independent appeal without objections on locus standi and limitation — High Court's reliance on earlier orders dismissing appeals as withdrawn was erroneous — Appellant entitled to proceed with appeals [Paras 17-22].

Representative Suits — Order XXIII Rule 1(5) CPC — Suit filed in representative capacity cannot be withdrawn without consulting all represented persons — Withdrawal without such consultation renders the order unjustified and without jurisdiction [Paras 19-20].

Decision — Appeals allowed — High Court's order set aside — Matter remanded to High Court for fresh decision in adherence to Supreme Court's judgment — High Court to decide expeditiously within six months [Para 30].

Criminal Law — Murder Conviction — Accused convicted for the murder of his wife based on circumstantial evidence — Deceased found dead in a locked house — Husband absconded and provided no explanation — Suspicion of illicit relationship established as motive — Appeal dismissed [Paras 1-20].

Circumstantial Evidence — Chain of circumstances must be complete and point to guilt of accused — Established that deceased was with the accused, house was locked from outside, and accused absconded — No plausible explanation from accused — Conviction upheld [Paras 14-19].

Motive — Suspicion of wife's fidelity as motive — Testimonies of relatives indicating harassment due to alleged illicit relationship — Motive sufficiently established despite hostile witnesses [Paras 11-13].

Decision — Appeal dismissed — Conviction and sentence under Section 302 IPC affirmed by the Supreme Court [Para 20].

Labour Law — Unfair Labour Practice — Sections 26, 27, 28, 29, 30 of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 — Engagement of large number of temporary employees by the company — Employees claimed unfair labour practices under items 5, 6, and 9 of Schedule IV of the Act — Industrial Court found the company indulged in unfair labour practice under item 6 — High Court affirmed the findings — Supreme Court modified the compensation order while affirming the conclusion of unfair labour practice [Paras 1-22].

Evidence — Adoption of Previous Evidence — Evidence from earlier ULP complaint No. 192 of 1997 adopted in current proceedings by consensus of parties — Contention that individual workmen should adduce separate evidence rejected — Such adoption considered valid and not creating any illegality [Paras 12-13].

Mala Fide Intent — Necessary for Unfair Labour Practice — Appellant’s argument on lack of mala fide intent and object to deprive workmen of permanency rejected — Prior Supreme Court finding on similar evidence upheld — Justification of conclusion on unfair labour practice reaffirmed [Paras 16-17].

Compensation — Reasonable Compensation Awarded — Compensation modified from 85 days' salary to 65 days' salary per year worked — No recovery of differential sum already withdrawn by workmen directed [Paras 18-21].

Decision — Appeals disposed of with modifications in compensation order — Industrial Court's order affirmed with modifications [Para 22].