Conviction For Sexual Assault Can Be Based Solely On Reliable Testimony Of Victim Without Corroboration: Allahabad High Court Marriage Dead For All Practical Purposes Can Be Nullified Under Article 142: Supreme Court Grants Divorce Citing Irretrievable Breakdown Senior Officers Accountable For Subordinates' Negligence; State Must Adopt Doctrine Of 'Superior Responsibility' To Combat Corruption: Allahabad High Court Constitutional Principles Of Article 21 Must Override Statutory Embargo Of Section 37 NDPS Act In Prolonged Incarceration: Punjab & Haryana High Court Recording Leasehold Land As 'Pattadar' Instead Of 'Sthitiban' Turns Back The Clock; Violates Right To Property: Orissa High Court Naib Tahsildar Performing Quasi-Judicial Functions Is A 'Judge' Under 1985 Act, Entitled To Protection Against Pension Cuts For Errors Of Judgment: MP High Court Demand Notice Under Section 138 NI Act Must Specifically State Cheque Amount; Failure To Do So Vitiates Prosecution: Kerala High Court Revisional Jurisdiction Under Land Revenue Act Must Be Exercised Within Reasonable Time, Cannot Reopen 20-Year-Old Mutation: J&K&L High Court Specific Performance: Plaintiff Must Prove Financial Capacity; Low Income & Dishonoured Cheques Negate Readiness and Willingness: Karnataka High Court Delay In Pronouncing Reserved Judgments Violates Article 21; Must Be Delivered Within 3 Months: Supreme Court Issues Binding Guidelines For High Courts Professional Independence Does Not Grant License To Abandon Matrimonial Obligations: Supreme Court Dissolves 18-Year Marriage Between Doctors Persistent Denial Of Sexual Intimacy Constitute Mental Cruelty; Supreme Court Dissolves 'Dead' Marriage Invoking Article 142 NDPS Act | High Court Cannot Ignore Mandatory Twin Conditions Under Section 37 While Granting Bail For Commercial Quantity: Supreme Court Contractual Royalty Rates Must Yield To Statutory Amendments; Royalty Payable At Rate Prevailing During Dispatch: Supreme Court Power To Punish For Contempt Must Be Exercised With Restraint But Should Act As Deterrent Against Levity: Supreme Court Public Functionaries Cannot Treat Supreme Court Orders As Matters To Be Addressed At Their Leisure: SC Warns Rajasthan Authorities High Court Can't Reassess Facts Or Substitute Its Interpretation Of Pleadings In Revisional Jurisdiction: Supreme Court Order 12 Rule 6 CPC | Decree On Admission Requires Categorical & Unequivocal Admission; Pleadings Cannot Be Read In Piecemeal: Supreme Court

"NDPS" Digest

NDPS Act – Confiscation of Vehicle – Death of Accused – Trial Abated – Confiscation Not Sustainable – Vehicle seized in connection with possession of opium – Accused died during trial and proceedings abated – Held: Since trial never took place and there was no conviction, acquittal, or discharge, confiscation under Section 60(3) read with Section 63 NDPS A...

NDPS Act – Interim Bail on Humanitarian Grounds – Bail Denied – The petitioner sought interim bail for six weeks under Section 22 NDPS Act on the ground that his widowed mother required urgent medical intervention for cardiac issues – Medical certificate indicated surgery was advised but not undertaken – Status report revealed availability of petitioner’s wife a...

NDPS Act – Bail in Commercial Quantity Case – Section 37 NDPS Act – Bail Rejected – Petitioners arrested with 203.306 kg of ganja filed for bail under Sections 437 and 439 CrPC and Sections 480 and 483 BNSS – Petitioners argued prolonged incarceration of 641 days infringed Article 21 rights – Court held that twin conditions under Section 37 of NDPS Act were not ...

NDPS Bail – Sections 21, 25, 29 of the NDPS - Recovery of Intermediate Quantity of Heroine – Section 37 Not Attracted – Bail Granted – Petitioner was arrested for alleged possession of 100 grams of heroin, an intermediate quantity – Co-accused implicated her through disclosure statement – Held: Section 37 NDPS not applicable to intermediate quantity – Bail...

Criminal Law - NDPS – Superdari of Vehicle – Release Ordered – Long Pendency and Vehicle Devaluation Considered – The petitioner sought release of his vehicle (Innova car) on superdari, which had been seized in connection with an NDPS case where 2.6 kg of opium was recovered – Though petitioner was found in the vehicle, trial was pending and vehicle had remained in cu...

NDPS Act – Successive Bail – No Change in Circumstances – Application Dismissed – The applicant moved a second regular bail application under Section 483 BNSS – The court found no change in circumstances since rejection of prior bail – Held: Successive bail not maintainable in absence of fresh grounds; rejection sustained [Paras 1.0, 6.0, 10.0]. NDPS Act &nda...

Bail – Section 20(b)(ii)(A) read with Section 8(c) of the NDPS Act – Small Quantity of Contraband – Bail Granted – Petitioner found in possession of 4 kg of ganja, not a commercial quantity – Detained for 48 days – Material part of investigation completed, charge sheet pending – Court held that no apprehension of absconding or tampering with evidence exist...

Criminal Law - Bail – Sections 8(c), 20(b), 22(c), 23(c), 27-A and 29 of the NDPS Act – Conscious Possession Not Established – Bail Granted – The High Court allowed bail to the petitioner who was arrested after collecting a courier parcel containing 100 LSD blots, observing absence of evidence proving conscious possession and involvement in narcotics trafficking – Hel...

Regular Bail – Section 18 of the NDPS Act - Long Incarceration Before Trial Conclusion – Grant of Bail Justified – The petitioner faced prolonged incarceration exceeding 2 years 10 months on allegation of recovery of 2.6 kg opium – Court noted the trial’s slow progress with only 5 out of 13 witnesses examined after charges framed – Citing improbability of carryi...

Criminal Law – Quashing of FIR – Section 22(A) of the NDPS Act - Sections 18(a), 18(b), 18(c), 27(b)(ii), 28, 65(17) of the Drugs and Cosmetics Act – Possession of Codeine-based Syrup – Proceedings Quashed – FIR registered under IPC, Drugs and Cosmetics Act, and NDPS Act alleging illegal possession of codeine-based cough syrup bottles from petitioner’s medical s...