Mere Pendency of Appeal Does Not Bar Eviction Suit – Res Judicata Not Attracted Where Issues Are Not Identical: Andhra Pradesh High Court Right to Speedy Trial is a Fundamental Right under Article 21: Punjab & Haryana High Court Grants Bail Despite Recovery of Commercial Quantity Encroachments on River Puramboke Cannot Be Legalised or Protected Under the Guise of Long President was deemed to know that the property vested with the Municipal Council, yet failed to protect it: Karnataka High Court Upholds Disqualification of Municipal President for Misconduct Once the Term of Committee Ends, Right to Vote Ceases — Even if Name Remains in Voter List: Gujarat High Court Treating Equals Unequally Violates Article 14: Bombay High Court Strikes Down IOCL's Tiebreaker rule Preferring Younger Candidate in Tender Selection Mere Harassment Over Loan Recovery Not Abetment to Suicide: Punjab & Haryana High Court Upholds Acquittal in Vineet Kundu Case Taxpayer Cannot Be Penalized For Department's Mistake In Deposit Of GST — Allahabad High Court Directs NOIDA To Compensate The Taxpayer For Wrongful Imposition Of Tax And Penalty “When Large-Scale Fraud Vitiates Selection, En Masse Cancellation Is Inevitable: Supreme Court Validates Quashing of WBSSC 2016 Recruitment Reopening Based on Wrong Mutual Fund is No Reopening at All — Gujarat High Court Quashes Income Tax Notice for Lack of Nexus Between Allegation and Actual Transaction Exceeding Official Duty Does Not Automatically Remove Section 197 CrPC Protection: Supreme Court Quashed Proceedings Against Police Officials Possession Of A Higher Qualification Cannot Substitute The Qualification Prescribed Under  Rules: Supreme Court Upholds Rejection Of Candidate Without Required Lascar’s Licence Dismissal for Default Without Considering COVID Restrictions Was Illegal: Supreme Court Section 256 CrPC Does Not Mandate Automatic Acquittal On Complainant’s Absence — Judicial Satisfaction Is Mandatory: Supreme Court Judicial Test Likely as Waqf (Amendment) Bill Opens New Front on Constitutional Grounds Defence Under Places of Worship Act Opens Door for ASI's Impleadment: Supreme Court in Krishna Janmabhoomi Dispute

"NDPS" Digest

Narcotic Drugs and Psychotropic Substances Act – Non-compliance with Section 57 – Appeal against Conviction – Code of Criminal Procedure, 1973, Section 374 – NDPS Act, 1985, Sections 15, 57 – Appellant convicted for possession of 800 kg of poppy straw – Non-compliance with Section 57 claimed – Held, non-compliance with Section 57 does not vitiate the prose...

Criminal Procedure - Anticipatory Bail - Second Application - Change in Circumstance- Change in Fact-Situation – Petition under Section 438 Cr.P.C. for anticipatory bail – Held: A second anticipatory bail application can be filed only if there is a change in fact-situation or law which requires the earlier view being interfered with, or where the earlier finding has become obsolete. Me...

Narcotics Law – Quashing of FIR – Petition to quash FIR and arrest memo in narcotics case – Seizure of LSD and ganja gummies through controlled delivery – Petitioner claimed possession for self-consumption, disputing invocation of Sections 22(c) and 28 of NDPS Act – Court found prima facie case and upheld investigation citing proper procedure and pending qualitative a...

Criminal Law – NDPS Act – Procedural Violations – Appeals against conviction under Section 15 of NDPS Act – Prosecution failed to comply with Sections 52 and 52A – Samples not produced before magistrate for certification – Appellants not informed of arrest grounds – Mandatory procedural breaches caused serious prejudice – Appeals allowed, convictions...

Narcotic Drugs and Psychotropic Substances – Procedural Irregularities – Conviction Appeal – Non-compliance with Sections 100 and 165 CrPC amounts to mere irregularity – Evidence of official witnesses deemed credible – Conviction upheld – Sentence reduced considering the appellant’s age and trial duration. [Paras 1-12]   Evidence Law – Cre...

NDPS Act - Post-Trial Disposal of Confiscated Articles - Sections 60-63 of the NDPS Act - Confiscation of Car - Police took possession of the car without a formal order of confiscation - Notice under Section 60 issued to the registered owner - Mandatory provisions of Sections 60 to 63 not complied with - Special Court erroneously declined to proceed as the trial had concluded - Impugned order set ...

NDPS Act - Non-Compliance of Section 50 - Appeal against Conviction - Recovery from Cloth Bag - Section 50 not applicable to non-personal search - Conviction under Section 18 upheld. [Para 10]   Witness Credibility - Absence of Independent Witnesses - Statements of Official Witnesses - Genuineness of Prosecution Case - No false implication motive attributed - Testimonies of official wit...

Criminal Law – NDPS Act – Quashing of Proceedings – Petitioner sought quashing of criminal proceedings under Section 482 CrPC for offences under Sections 21, 22, and 29 of the NDPS Act – Contention that petitioner was not directly involved in the contravention, merely being the owner of a drug license and a medicine shop – Alleged procedural lapses in seizure and inve...

NDPS Act - Section 42 - Appeal against Conviction - Non-compliance - Secret information regarding transportation of contraband received but not reduced to writing - Trial Court wrongly recorded compliance - Section 42 mandatory, not directory - Appellant acquitted for non-compliance with Section 42. [Para 14]   NDPS Act - Section 52-A - Procedure for Producing Contraband - Contraband no...

Criminal Law – Conviction under NDPS Act – Appellant convicted for possession of small quantities of heroin – Trial court’s conviction based on police testimony, despite minor inconsistencies in witness accounts – Appeal dismissed, with the court affirming the conviction and sentence, noting that procedural lapses and the absence of independent witnesses did not signi...