Supreme Court Strikes Down Expulsion of Bihar MLC as Disproportionate, Orders Immediate Reinstatement Private Banks Not Subject to Writ Jurisdiction Under Article 226: Punjab & Haryana High Court Mere Allegation of Forgery is Not Enough: Madhya Pradesh High Court Dismisses Second Appeal in Partition Dispute When a Case is Made Out for Bail, Courts Should Not Hesitate: Kerala High Court Allows Bail Despite Commercial Quantity of Drugs Seized Retailers Cannot Be Prosecuted for Manufacturer’s Fault" – Karnataka High Court Quashes Case Against Pesticide Dealers Mere Issuance of a Cheque Does Not Prove Legally Enforceable Debt": Delhi High Court Upholds Acquittal in Cheque Dishonor Case Courts Cannot Ignore Urgent Repairs When Public Safety is at Stake: Calcutta High Court Upholds Trial Court's Order Mutation Entries Do Not Confer Ownership: Bombay High Court Rejects Premature Dismissal of Partition Suit No Substantial Question of Law – High Court Cannot Re-Appreciate Evidence Under Section 100 CPC: Andhra Pradesh High Court Injunction Cannot Be Granted Without Proof of Possession: Allahabad High Court Quashes Relief in Land Dispute Section 197 CrPC | Sanction for Prosecution is a Shield, Not a Sword: Supreme Court Quashes Criminal Case Against BIS Officer Landlord is the Best Judge of His Needs: Supreme Court Orders Eviction in Favor of Landowner Vijaya Bank TT Scam | Supreme Court Acquits Jeweller in ₹6.7 Crore Vijaya Bank Fraud Case, Orders Return of 205 Gold Bars Procurement Preference for Small Enterprises is a Legal Mandate, Not a Mere Policy: Supreme Court Rules in Favor of MSMEs Revisional Jurisdiction Cannot Be Invoked Against Interlocutory Orders of Commercial Courts: Orissa High Court Declares Section 8 Bar Absolute Victim’s Testimony Must Be of Sterling Quality to Be Sole Basis of Conviction: Kerala High Court Reduces Sentence of Pastor Convicted for Repeated Rape of Minor Providing Set-Top Boxes to Subscribers Constitutes Sale”: Karnataka High Court Upholds VAT on Tata Play Limited Mere Registration of FIR Cannot Justify Denial of Passport Renewal: Jammu & Kashmir and Ladakh High Court

"BAIL" Digest

NDPS Act – Bail Application – Prima Facie Violation of Section 50 Found – Bail Granted – The trial court found a prima facie violation of Section 50 of the NDPS Act and reasonable grounds to believe that the accused was not guilty – However, bail was denied on the ground of past involvement in another NDPS case – The High Court held that mere antecedents cannot ...

Bail - NDPS Act – Procedural Lapses in Search and Seizure – Section 50 Not Complied With – Bail Granted – The petitioner, a foreign national, was arrested based on secret information, and 57 grams of Amphetamine was allegedly recovered from his possession – The petitioner argued that the police failed to comply with mandatory provisions under Section 50 of the NDPS Ac...

Bail in POCSO and IPC 376 Cases – Consideration of Consent and Delay – Accused Granted Bail – The applicant was accused of repeated sexual assault over 15 months; the prosecutrix was 16 years old at the time of filing the FIR – The court considered mitigating factors, including the consensual nature of the relationship, delay in filing the FIR, and absence of coercion &ndas...

Criminal Law – Defamation – Section 356 BNS Applies Only if Public Good is Not Served – The petitioner was accused of publishing a book titled "The Real Reason Why Legend Died", along with videos, podcasts, and reels, allegedly defaming the family of Sidhu Moosewala – The Court held that mere publication of controversial content does not automatically amount to cr...

Bail – Economic Offences – Prolonged Incarceration Without Trial – Right to Speedy Trial Under Section 437(6) CrPC – The appellant was accused in a cryptocurrency scam and in custody since December 2023 – The prosecution intended to examine 189 witnesses, significantly delaying trial completion – Held: Even in economic offences, prolonged incarceration without s...

Bail – Prolonged incarceration of undertrial prisoner – Right to speedy trial – Article 21 of the Constitution – The appellant had been in custody since 24th March 2020, with the prosecution yet to complete the examination of 100 witnesses – The Court emphasized that prolonged incarceration without trial completion violates the fundamental right to a speedy trial &nda...

Bail - Pre-Trial Incarceration – Right to Speedy Trial – Applicability of Section 436-A CrPC – Applicants had been in custody for nearly five years for offences carrying a maximum sentence of 7 years – The Court reaffirmed that Section 436-A CrPC applies to PMLA cases and overrides the rigors of Section 45 PMLA, as held in Vijay Madanlal Choudhary v. Union of India – ...

Criminal Law – Regular Bail – Petitioner sought regular bail pending trial for charges involving fraudulent activities and financial misappropriations – Allegations included obtaining illegal loans from a cooperative society and falsifying financial statements – Co-accused granted pre-arrest bail under similar allegations – Petitioner's role as director and signat...

Bail – UAPA Offences – Right to Liberty – Prolonged Pre-Trial Detention – The appellant sought bail on the grounds that despite serious allegations, no arms or incriminating material were recovered, and the money allegedly transferred by the appellant to a co-accused lacked evidence of being used for illegal activities – Held: While UAPA contains stringent provisions ...

Bail under NDPS Act – Compliance with Section 37 – Twin Conditions to Be Met – The petitioner sought bail in an NDPS Act case involving commercial quantity – Held: Under Section 37 of the NDPS Act, two conditions must be satisfied before granting bail – (i) The Court must hear the Public Prosecutor, and (ii) There must be reasonable grounds to believe that the accused...