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

Bail in Money Laundering Cases – Applicability of Section 45 of PMLA – The applicant was arrested for allegedly laundering ₹1.35 Crores from proceeds of crime linked to a COVID-19 food supply contract – Held: While Section 45 of PMLA imposes strict conditions for bail, prolonged incarceration without trial violates the right to personal liberty under Article 21 of the Constitut...

Default Bail – Extension of Detention under UAPA – Prosecution sought an extension of investigation beyond 90 days—Trial court granted the extension without providing an opportunity of hearing to the accused—Held: Mandatory notice and presence of accused are required while considering an extension under Section 43D(2)(b) of UAPA—Denial of default bail on the basis of ...

Bail Application – PMLA – Right to Speedy Trial under Article 21 – The applicant, accused of money laundering under Section 3 of the PMLA, sought bail citing prolonged incarceration of more than 3 years and 10 months – The applicant has already served more than half of the maximum punishment prescribed under the PMLA (7 years) – The Bombay High Court held that prolong...

Bail under NIA Act – Right to Speedy Trial – Petitioners accused of directing preparation of explosive bombs for political purposes—NIA investigation revealed connections with law enforcement and local administration—Court acknowledges serious allegations but emphasizes the right to a speedy trial—Held: Delay in trial cannot justify indefinite detention—Bail gra...

Bail - Money Laundering – Double Jeopardy – Applicant contended that he cannot be prosecuted in India after conviction in the United States—Held: Prosecution in India is permissible if the offences are distinct—Foreign conviction does not create an absolute bar on domestic prosecution—Bail denied [Paras 7, 20]. Money Laundering – Admissibility of Foreign Conv...

Bail in NDPS Cases – Section 37 NDPS Act – Prolonged Pre-Trial Custody – Bail Granted - The petitioner was accused of supplying narcotic drugs based on the disclosure statement of co-accused and call detail records – The prosecution failed to produce independent corroborative evidence such as recovery from the petitioner – The Supreme Court has granted bail in similar...

NDPS Act – Bail in Commercial Quantity Cases – Prolonged Incarceration as a Ground – The petitioner was charged under Sections 8(c) r/w 22(c) and 29 of the NDPS Act for allegedly facilitating drug trafficking by arranging accommodation and making financial transactions – Two previous bail applications were rejected due to prima facie involvement and statutory embargo under ...

NDPS Act – Bail – Stringent Conditions under Section 37 – The accused was found in a passenger bus with a carton containing heroin concealed inside an inverter—Held: Under Section 37 of the NDPS Act, bail cannot be granted unless the Court is satisfied that the accused is not guilty and is unlikely to commit any offence while on bail—No prima facie material establishi...

Bail – Offences Under BNS & JJ Act – Principles for Granting Bail – Petitioner accused of kidnapping a 15-year-old girl, taking her to different locations, and intoxicating her—Prosecution contended that petitioner was involved in an NDPS Act offence—Held: The only non-bailable offence alleged is Section 77 of the JJ Act, which carries a maximum punishment of 7 ye...

Bail under NDPS Act – Commercial Quantity – Conscious Possession – Applicant sought bail in a case involving seizure of 1880 grams of MDMA, well above the commercial quantity threshold of 10 grams – Prosecution established that the applicant inquired about the parcels containing contraband, attempted to collect them while concealing his identity, and fled upon sensing law e...