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

False Information to Authorities – Section 58(2) of the NDPS Act – Disproportionality in Sentencing – Petitioner accused of providing false information to authorities, leading to the arrest of an innocent woman (Sheela Sunny) under Section 22(c) of the NDPS Act – Held: False implication in NDPS cases can have devastating consequences; penalties for such false accusations mu...

Money Laundering – Bail Application – Role in Proceeds of Crime – Applicant sought regular bail after being charged for his involvement in the money laundering activities of the "Mahadev Online Book" betting syndicate – Prosecution alleged that the applicant actively facilitated operations, including managing funds, handling visas for associates, and holding asset...

Criminal Law – Bail – Offences under Sections 504, 506 IPC and Section 3 read with Section 5 of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021 – Petitioner accused of forcibly converting a mentally challenged minor to Islam – High Court denied bail citing seriousness of allegations – Supreme Court granted bail citing prolonged custody and l...

Bail Application – Offenses under Bharatiya Nyaya Sanhita and Motor Vehicles Act – Applicant arrested for rash driving under the influence of alcohol (42.5% BAC), evading checkpoints, and damaging public property – Charged under Section 110 of the Bharatiya Nyaya Sanhita (non-bailable), along with bailable offenses under the Bharatiya Nagarik Suraksha Sanhita and Motor Vehicles A...

Bail in NDPS Cases – Prolonged Incarceration – Section 21 and 29 of NDPS Act – Bail Granted – The petitioner, accused of possessing intermediate quantity of contraband, has been in custody for over one year and three months, with trial expected to take considerable time – Out of 23 prosecution witnesses, only four have been examined, with delay not attributable to the...

Criminal Law – Anticipatory Bail – Section 14A of SC/ST Act, 1989 – Maintainability – Petitioners sought anticipatory bail for offenses under IPC and SC/ST Act – Respondent argued bar under Sections 18 and 18A of SC/ST Act on anticipatory bail – High Court held that where allegations prima facie disclose offenses under the SC/ST Act, anticipatory bail petitions ...

Bail Application – Long Incarceration and Trial Progress – Regular Bail Granted – Appellant had been in custody for over 14 months and trial proceedings were nearing completion, with only three witnesses yet to be examined – Victim (PW-1) turned hostile during deposition, reducing the likelihood of conviction – Supreme Court observed that continued incarceration was u...

Bail Application – NDPS Act – Long Incarceration – Section 439 Cr.P.C – Sections 18, 21, 25, and 29 of NDPS Act – Petition filed seeking regular bail citing prolonged incarceration (over 2.5 years) and non-compliance with procedural requirements in the investigation – Held: Restrictions under Section 37 of the NDPS Act are outweighed by the right to a speedy tri...

Anticipatory Bail – Imposition of Maintenance Condition – High Court Exceeded Jurisdiction – Condition Set Aside – Held: Bail conditions under Section 438 CrPC should ensure that the accused does not abscond or evade trial – Imposing a condition to pay maintenance is irrelevant to the bail process and is beyond the scope of the court's power – Reference made...

Bail Application – Conditions for Granting Bail to Foreign Nationals – The petitioner, a foreign national facing charges under Section 14 of the Foreigners Act and Section 174-A IPC, was granted regular bail. The Court imposed conditions including a personal bond of ₹50,000, surrendering her passport, and restrictions on leaving the Delhi NCR without permission. The petitioner was de...