Section 138 NI Act Jurisdiction Lies With Court Where Payee Maintains Bank Account: Supreme Court Insolvency Laws Must Be Strictly Construed As Adjudication Results In 'Civil Death': Supreme Court Quashes Notice Based On DRT Certificate Insolvency Notice Under Section 9(2) PTIA Cannot Be Issued Based On DRT Recovery Certificate Issued Prior To 2016 Amendment: Supreme Court Homicide In Dowry Cases: IOs Must Frame Sec 302 Charges As Main Offence Rather Than Relying Solely On Sec 304-B IPC: Allahabad High Court Dispute Over Property Registered As Endowment Land Must Be Resolved By Endowments Tribunal, Not High Court: Andhra Pradesh HC True Apology And Justification Cannot Go Hand In Hand: Calcutta High Court Holds Kunal Ghosh TMC Leader Guilty Of Criminal Contempt Maternity Benefits An Extension Of Right To Live With Dignity; Cannot Be Denied To Tenure-Based Doctors: J&K High Court Article 227 Petition Against Arbitral Tribunal’s Rejection Of Jurisdictional Challenge Maintainable Only In Cases Of ‘Patent Lack Of Inherent Jurisdiction’: Supreme Court Agreement To Sell Undivided Share In Joint Property Is Legally Enforceable; High Court Cannot View It With Suspicion: Supreme Court Absence Of Express Clause For Enforcement Through Court No Bar To Specific Performance Decree: Supreme Court Rectification Deed Cannot Substitute One Property For Another Without Original Vendor's Participation: Supreme Court Section 68 Evidence Act Inapplicable To Registered Sale Deeds As Law Doesn't Require Their Compulsory Attestation: Supreme Court PMLA Trial Must Be Transferred To Court Where Scheduled Offence Is Pending To Fulfill Statutory Mandate Of Section 44(1): Supreme Court Minimum Viva-Voce Cut-Off For District Judge Recruitment Essential To Preserve Calibre Of Higher Judiciary: Supreme Court Candidate Who Participates In Selection Process Without Protest Cannot Challenge Rules After Failing To Qualify: Supreme Court Interim Maintenance Granted Under Section 24 HMA Continues During Pendency Of Appeal, Proceeding Ends Only After Exhausting Remedies: Delhi High Court Deliberate Swerve Of Vehicle To Hit Vital Body Part Constitutes Murder: Jharkhand High Court Upholds Life Sentence In Judge Uttam Anand Case

"NDPS" Digest

Criminal Law - Narcotics - Narcotic Drugs and Psychotropic Substances Act 1985 - Section 50 - Mandatory compliance during body search - Accused intercepted by police during patrol - Detecting officer conducted body search and noticed a bulge in the front pocket of the accused - Accused directed to remove the item which was found to be 52.45 grams of MDMA - Prosecution argued Section 50 compliance ...

Criminal Law - Bail - Narcotic Drugs and Psychotropic Substances Act 1985 - Sections 8(c) 22(b) 22(c) and 29 - Petitioner arrayed as Accused No 5 for allegedly supplying MDMA - Police seized 1.24 grams of MDMA from Accused No 1 - Petitioner implicated solely based on confessional statements of co-accused and his own custodial confession - No recovery of contraband or incriminating material from th...

Criminal Law - NDPS Act - Narcotic Drugs and Psychotropic Substances Act 1985 - Sections 20(B) and 22(B) - Possession of Bhang vs Ganja - Appellant was apprehended near Chaibasa Bus Stand with a briefcase containing 11 Kg of alleged Ganja - Trial Court convicted and sentenced the appellant to 07 years R.I. and fine of Rs. 50000 - FSL report dated 29.11.2002 Exhibit-6 opined the substance was broke...

Criminal Law - Suspension of Sentence - Bharatiya Nagarik Suraksha Sanhita - Section 430(i) - NDPS Act - Section 8(c) read with 20(b)(ii)(C) - Petitioner convicted for possession of 42 kg of Ganja and sentenced to 14 years rigorous imprisonment and fine - Petitioner sought suspension of sentence on grounds of non-compliance with mandatory procedural requirements of NDPS Act and delay in chemical a...

Criminal Law - Narcotics - Narcotic Drugs and Psychotropic Substances Act 1985 - Sections 20(b)(ii)(c) and 29 - Non-compliance with Section 52A - Appellants convicted for possession of commercial quantity of narcotics - Investigation revealed samples were drawn at the spot of seizure instead of in the presence of a Magistrate as mandated under Section 52A and the NDPS (Seizure-Storage-Sampling and...

Writ Law - Preventive Detention - PITNDPS Act 1988 - Section 3 - Delay in execution of detention order - Challenge to detention order dated 20 March 2025 on ground of three-month delay as order was executed only on 25 June 2025 - Detenue was in judicial custody at Dum Dum Correctional Home during the intervening period - Petitioner relied on Sushanta Kumar Banik case to argue that unexplained dela...

Criminal Law - Narcotics - Narcotic Drugs and Psychotropic Substance Act 1985 - Section 20(b)(ii)(C) - Possession of commercial quantity - Appellant convicted for possession of seven kilograms of Charas and sentenced to fifteen years rigorous imprisonment - Intercepted by Narcotic Cell on Diamond Harbour Road - Search conducted in presence of Gazetted Officer PW-3 - Seven kilograms of Charas recov...

Criminal Law - Default Bail - NDPS Act 1985 - Section 36A(4) - Extension of remand period - Petitioners/Accused Nos 3 and 4 challenged Trial Court order extending remand beyond 180 days in Crime No 264 of 2025 of Kasimkota Police Station - High Court noted that extension requires a specific report by the Public Prosecutor indicating independent application of mind and assessment of investigation p...

Criminal Law - Bail - Narcotic Drugs and Psychotropic Substances Act 1985 - Sections 8(C) 18 and 29 - Appellant was arrested on 19th May 2020 for allegedly supplying 31 kg of opium and providing information leading to the recovery of 60 kg of opium hidden in a truck - High Court dismissed the second bail application on 4th February 2026 - Supreme Court observed that despite six years of pre-trial ...

Criminal Law - Extension of Remand - Narcotic Drugs and Psychotropic Substances Act 1985 - Section 36A(4) - Independent Application of Mind by Public Prosecutor - Petitioner challenged order dated 05.05.2026 passed by X Additional District and Sessions Judge Anakapalli extending remand beyond 180 days - High Court found Public Prosecutor failed to file a valid report indicating independent satisfa...