Facts:

The case involves a challenge to a notification issued by the Central Government, amending provisions of the NDPS Act. The appellants argue that the Act does not empower the Central Government to vary the parameters for quantification of drugs, and the impugned notification undermines the decision of the Supreme Court in the case of E. Micheal Raj v. Intelligence Officer, Narcotic Control Bureau, (2008) 5 SCC 161.

On the other hand, the respondents argue that the Central Government is empowered under Sections 76 and 77 of the NDPS Act to issue such notifications. They justify the notification by stating that determining the purity of seized drugs would burden forensic laboratories, so the notification defines quantity in terms of the total quantity of preparation containing the specified drug.

Issues:

Whether the impugned notification is ultra vires the NDPS Act.

Whether the notification alters the parameters for constituting an offense and awarding punishment.

Whether the Act permits the Central Government to resort to such dispensation.

Held:

The Supreme Court decides to refer the matter to a larger bench for an authoritative pronouncement. It poses several questions for consideration by the larger bench, including whether the decision in E. Micheal Raj (supra) requires reconsideration, whether the impugned notification redefines parameters for constituting an offense and awarding punishment, and whether the Act permits such a dispensation. The court directs the registry to place the matter before the Chief Justice of India for appropriate directions to constitute a larger bench.

The decision to refer the matter to a larger bench is based on the significance of the legal and policy questions raised by the case. The court acknowledges that the issues have far-reaching implications and require a comprehensive examination by a larger bench.

Facts:

The appellants sought to quash criminal proceedings against them, arguing that the spare sample was sent for analysis to the Central Insecticides Laboratory (CIL) without any prior institution of proceedings.

Issues:

The validity of the criminal proceedings under the Insecticides Act, particularly concerning the reliance on reports from the Central Insecticides Laboratory (CIL) without prior institution of proceedings.

Held:

The report of the Central Insecticides Laboratory (CIL) is deemed conclusive evidence of the facts stated therein, as per Section 24(4) of the Insecticides Act. If the complaint is based on the CIL report, the accused cannot challenge it.

The procedures under the Insecticides Act outline the obligations of the Insecticide Inspector and the rights of the person from whom the sample was taken. The person from whom the sample was collected has the right to contest the report of the Insecticide Analyst within the specified time.

If a criminal complaint is initiated based on the report of the State Insecticide Analyst, the accused can request the concerned Magistrate to send the third sample for testing or analysis to the CIL. However, if the complaint is also based on the report of the CIL, the accused cannot challenge it.

The Insecticide Inspector has the duty to promptly send the sample to the CIL upon being notified about the report given by the State Insecticide Analyst. The Inspector can either send the third sample to the CIL for testing or analysis or launch a criminal prosecution.

Decision: The High Court correctly dismissed the petition to quash the criminal proceedings against the appellants concerning a misbranded insecticide.

Facts:

The appellants filed an eviction petition against the respondents under Section 13 of the East Punjab Urban Rent Restriction Act, 1949, claiming personal necessity. The respondents, tenants of the premises, opposed the petition. During the proceedings, the respondents sought to amend their written statement to dispute the appellants' ownership of the premises, alleging that they were mere attorneys of Smt. Raj Nanda, the sole proprietor.

Issues:

Whether the respondents can dispute the appellants' title to the premises.

Whether the respondents' plea for amendment of the written statement is justified.

Held:

The Court held that the respondents, being tenants in possession, were estopped from denying their landlord's title to the premises under Section 116 of the Evidence Act. The principle of estoppel arising from the contract of tenancy prohibits a tenant from questioning the landlord's title during the tenancy. The Court also emphasized that the respondents' failure to specifically deny the appellants' ownership in their written statement amounted to an admission.

Therefore, the Court concluded that the High Court's decision to allow the amendment to the written statement was unjustified. Consequently, the Court allowed the appeals and set aside the High Court's order, reinstating the Rent Controller's order. No costs were awarded.

Facts:

The case involves the interpretation of provisions under the Motor Vehicles Act, 1988, specifically related to driving licences and the classification of vehicles. The question at hand is whether drivers holding licences for light motor vehicles require additional endorsements to drive transport vehicles within the same class.

Issues:

The interpretation of relevant sections of the Motor Vehicles Act, including Section 2(21), 10(2)(d), and 10(2)(e), as well as related rules and forms.

The key question is whether the insertion of "transport vehicle" in Section 10(2)(e) affects the existing classification of light motor vehicles as transport vehicles.

Held:

The court held that the definition of "light motor vehicle" includes vehicles with gross vehicle weight or unladen weight not exceeding 7500 kgs, encompassing various types of vehicles such as motor cars, road rollers, or tractors.

It was further held that driving licences are issued based on classes of vehicles, not specific types, meaning that a licence for a light motor vehicle includes authorization to drive transport vehicles of that class without requiring additional endorsements.

The court clarified that the 1994 amendment to Section 10(2)(e) did not negate the existing category of light motor vehicles as transport vehicles, emphasizing that the insertion of "transport vehicle" in this section was intended to simplify classification and licensing procedures.

Emphasizing the importance of interpreting statutes in line with legislative intent, the court underscored that courts should not add provisions to statutes beyond what is clearly stated within the law.

Regarding the validity period and forms related to driving licences, the court held that the validity period for licences should be consistent across categories of vehicles .

Finally, the court affirmed that drivers do not need separate endorsements to drive vehicles used for private purposes or for hire or reward if they hold valid licences for the relevant class of vehicle.

Facts:

The case involved an appeal against the judgment and order passed by the High Court of Judicature at Madras, affirming the conviction and sentence of the appellant, Muttaicose @ Subramani, under Section 302 of the Indian Penal Code (IPC).

The prosecution alleged that the appellant, along with other accused, assaulted several individuals, resulting in the death of Natrajan. The incident stemmed from a dispute over land between the appellant and the deceased.

Issues:

Delay in lodging the FIR.

Credibility of related witnesses.

Existence of motive for the appellant to commit murder.

Held and Decision:

The Supreme Court, after considering the arguments and evidence presented by both parties, held as follows:

Delay in lodging the FIR: The Court rejected the appellant's argument regarding the delay in lodging the FIR. It emphasized established legal principles that mere delay does not invalidate the prosecution's case, especially when a satisfactory explanation for the delay is provided (Paragraph 8).

Credibility of related witnesses: The Court dismissed the contention that witnesses' familial relationship with the informant discredited their testimony. It held that their injuries corroborated their version of events, and their testimony was deemed credible (Paragraph 11).

Existence of motive for the appellant: The Court found that the appellant's armed assault on the deceased, despite no provocation from the latter, indicated the commission of culpable homicide amounting to murder (Paragraph 12).

In conclusion, the Supreme Court dismissed the appeal and upheld the conviction and sentence of the appellant under Section 302 IPC (Paragraph 14).

Facts:

The case involved the custody of a minor daughter who was allegedly removed from the custody of her father in the UK by her mother. The High Court issued a writ for the production of the minor daughter, and the matter was brought before the Supreme Court of India.

Issues:

Whether the custody of the minor with her mother, as opposed to returning her to her native state as per the order of the UK court, is in the best interests of the child.

Whether the order passed by the foreign court renders the custody of the minor unlawful.

Whether the principle of comity of courts should prevail over the welfare of the child.

The role of habeas corpus in cases involving the custody of a minor child.

Whether the custody of the minor with her mother is presumed lawful, and under what exceptional circumstances it may be ordered to be taken away.

Held:

The Court held that it is within the jurisdiction of Indian courts to consider the welfare of the child as the paramount consideration, regardless of any pre-existing order of a foreign court. The minor daughter's custody with her mother was deemed to be in her best interests, given her medical condition and familial environment in India. (Para 26, 33, 38-42)

The Court clarified that an order passed by a foreign court directing the mother to produce the child before it does not necessarily render the custody unlawful. The custody of the minor with her mother, being her biological mother, is presumed lawful unless exceptional circumstances dictate otherwise. (Para 30, 31, 32)

The principle of comity of courts cannot override the welfare of the child. The Court emphasized that the welfare of the child is of paramount importance and must be considered above all else. (Para 38-42)

The Court discussed the role of habeas corpus in cases involving the custody of a minor child, emphasizing that the principal duty of the court is to ascertain whether the custody of the child is unlawful and whether a change in custody is in the child's best interests. (Para 29, 30)

The Court reiterated that custody of a minor child with the mother is presumed lawful, and only in exceptional situations can custody be ordered to be taken away from the mother. (Para 30)

Decision: The Court allowed the appeal, holding that the custody of the minor daughter with her mother is in her best interests. The Court directed that until the minor child attains majority, she should remain in the custody of her mother, with visitation rights granted to the father. The Court also outlined conditions for visitation and interactions between the father and the child. (Para 44, 45)

Facts:

The case arose from a dispute over the renewal of pharmacist registrations by the Chhattisgarh Pharmacy Council following the reorganisation of the Madhya Pradesh Pharmacy Council under the Madhya Pradesh Reorganisation Act, 2000.

Issues:

Whether the new State of Chhattisgarh had the authority to constitute a Registration Tribunal under Section 30 of the Pharmacy Act,

Whether it could undertake the renewal of registrations already included in the First Register of pharmacists prepared by the erstwhile State of Madhya Pradesh.

Held:

The Supreme Court held that the First Register prepared by the erstwhile State of Madhya Pradesh would be deemed as the First Register for the newly formed State of Chhattisgarh based on territorial nexus. Therefore, there was no necessity to open a new First Register or constitute a Registration Tribunal under Section 30 of the Pharmacy Act.

Pharmacists registered in the First Register of the erstwhile State of Madhya Pradesh could renew their registration in Chhattisgarh under Section 32(2) of the Pharmacy Act, without needing to satisfy the qualifications prescribed by the Education Regulation.

The constitution of the Registration Tribunal by the State of Chhattisgarh and the registrations carried out by it were declared invalid and illegal.

Facts:

The case involves the interpretation and application of the Pharmacy Act, 1948, in the context of the formation of the state of Jharkhand from the territory of Bihar. Specifically, it addresses the preparation and recognition of the First Register of pharmacists and the qualifications required for registration under the Act.

Issues:

The court include determining the status of the First Register prepared by Bihar before reorganization in the newly formed state of Jharkhand, the applicability of qualifications for registration under the Pharmacy Act, and the interpretation of provisions of the Bihar Reorganization Act, 2000, regarding the continuity of laws in reorganized states.

Held:

The court recognized the significance of the Pharmacy Act, 1948, in regulating the profession and practice of pharmacy in India, particularly in ensuring minimum standards of professional education for pharmacists (Para 12-13).

It clarified that the qualifications for registration under the Pharmacy Act differed for the preparation of the First Register and subsequent registration, with the latter requiring compliance with Education Regulations (Para 18).

Regarding the status of the First Register in Jharkhand, the court held that it should be deemed as the First Register of Jharkhand to the extent it contains pharmacists native to the territories transferred to Jharkhand (Para 34-35).

The court emphasized the continuity of laws in reorganized states under the Bihar Reorganization Act, 2000, rejecting the principle of a "clean slate" (Para 36-37).

In line with the above findings, the court upheld the decision that there was no need to prepare the First Register again for Jharkhand and directed future registrations to comply strictly with the Pharmacy Act Accordingly this appeal is disposed of. (Para 38-39, 41-42).

Facts:

The case involved an appeal by Sant Lal against an award made by the Motor Accident Claims Tribunal (MACT), Bhiwani. The MACT held that the driver, although possessing a license for operating light motor vehicles, was not authorized to drive a tractor attached to a goods-carrying trolley, which was categorized as a transport vehicle.

Issues:

Whether a driver with a license for light motor vehicles can legally operate a tractor attached to a goods-carrying trolley without a separate endorsement on their license.

Interpretation of Section 160 of the Motor Vehicles Act, 1988, concerning the validity of a driver's license in relation to the type of vehicle being operated.

Held:

The Court concluded that a driver holding a license for light motor vehicles could legally operate a transport vehicle, including a tractor with a goods-carrying trolley, without needing a separate endorsement. The Court reasoned that the tractor attached to the trolley fell under the category of a light motor vehicle, thus covered by the driver's existing license.

Citing the precedent set in Mukund Dewangan v. Oriental Insurance Co. Ltd., the Court allowed the appeals, setting aside the right of the insurer to recover the amount from the owner. Instead, the liability was deemed joint and several among the owner, driver, and insurer. These appeals have to be allowed.