Mother Cannot Mask Paternity to Satisfy Ego: Bombay High Court Rejects Petition to List Woman as ‘Single Parent’ in Child’s Birth Certificate Transferee Pendente Lite Is Bound by the Decree—Cannot Obstruct Execution Proceedings: Allahabad High Court Pulls Up Revisional Court for Overreach Higher Placement in Seniority List Cannot Be Ignored: Supreme Court Upholds Direction to Consider Contractual Worker for Appointment on Par with Others Regularised CBI Investigation is Not to Be Ordered Routinely on Vague Allegations: Supreme Court Sets Aside High Court’s Order Directing CBI Probe in Extortion Case When Aggressors Trespass Armed into a Dwelling and Cause Fatal Injuries, Exception to Murder Does Not Arise: Supreme Court Affirms Conviction under Section 302 IPC Delayed Payment for 50 Years Warrants Reasonable Interest, But Excessive Rates Cannot Be Granted": Supreme Court Total Non-Compliance of Section 42 and 50 is Impermissible: Himachal Pradesh High Court Affirms Acquittal in 100 Grams Charas Case Can't Rule Out ASI's Role In False Rape Case Conspiracy: Punjab & Haryana High Court Refuses To Expunge Remarks Wikipedia Can't Claim Neutrality While Hosting Defamatory Edits: Delhi High Court Orders Takedown in ANI's Defamation Suit No Evidence of Termination—Industrial Tribunal’s Award Granting Full Back Wages Without Trial Set Aside: Calcutta High Court Delay of 1132 Days Can't Be Excused by Casual Excuses: Bombay High Court Dismisses Builder’s Plea, Upholds NCDRC Order in Consumer Dispute

"NDPS" Digest

NDPS Act – Default Bail – Incomplete Challan – Petitioner sought default bail under Section 167(2) CrPC as the challan was presented without the report of the chemical examiner – Division Bench in Ajit Singh alias Jeeta held that such a challan is incomplete, entitling the accused to default bail – However, two Single Benches declared this judgment per incuriam &ndash...

Bail – NDPS Act – Commercial Quantity Recovery – Procedural Irregularities – Petitioner seeking regular bail under Section 439 Cr.P.C. in a case under Section 22 of the NDPS Act, involving recovery of commercial quantity of Tramadol Hydrochloride – Contention that recovery was a chance discovery made by a police party in a private vehicle, not recorded in the police z...

Bail – NDPS Act – Regular Bail – Petitioner (Accused No.2) involved in illegal possession and transportation of 48 kgs of Ganja – Arrested on 02.03.2024 and in judicial custody since then – Entire investigation completed except filing of charge sheet – Bail granted with conditions – Petitioner to execute a personal bond for Rs.10,000/- with two sureties &n...

NDPS Act – Compliance of Mandatory Provisions – Investigation lapses leading to bail and acquittals – Issuance of guidelines for investigating officers – Court found that non-compliance with provisions of Sections 42 and 50 of the NDPS Act often results in faulty investigations, allowing accused to secure bail and eventual acquittal – Guidelines issued for adherence t...

Narcotic Drugs and Psychotropic Substances Act – Procedural Compliance – Appeal against conviction for possession of contraband (charas) – Appellant was convicted by the trial court and sentenced to rigorous imprisonment for ten years and fined rupees one lakh – High Court found non-compliance with Section 52A of the NDPS Act – Samples not drawn in the presence of a M...

Criminal Law – Discharge of Accused – Trial Court discharged respondent for lack of material evidence beyond co-accused statements under Section 67 of the NDPS Act – Revision petition filed by Union of India challenging this discharge – High Court emphasized the need for sufficient material to form a prima facie case [Paras 1-14].   Evidence – Call Detail R...

Criminal Law - Procedural Compliance under NDPS Act – Compliance with Section 42 NDPS Act –Search and Seizure Requirements – Appellants charged and tried under Sections 21(c) and 8(c) of the NDPS Act – Conviction and sentence of 14 years imprisonment and a fine of Rs. 2 lakhs each challenged – Defence contended non-compliance with Section 42 of the NDPS Act – He...

Criminal Law - Bail Application - Compliance with Statutory Provisions - NDPS Act: Application for regular bail under Section 439 CrPC - Allegation of non-compliance with Sections 42 and 50 of the NDPS Act in the search and seizure process - Held, the Sub-Inspector duly sent the information to his superior officer as required by Section 42(2) NDPS Act - The contention that the officer who conveyed...

Criminal Law - NDPS Act - Appeal Against Conviction - Joint Consent Memo - Joint Possession Criminal Procedure - Notice under Section 50 of NDPS Act - Joint Offer and Consent – Appeal against conviction under Section 15 of NDPS Act – Accused and co-accused were apprehended together and given a joint offer under Section 50 – Joint consent memo prepared – Co-accused acquit...

Criminal Law – Appeal against Acquittal – Narcotic Possession – Respondent acquitted of possessing 900 grams of charas by trial court – High Court dismisses State’s appeal due to lack of compelling evidence and procedural flaws in the investigation – Critical emphasis on the reliability of witness testimonies and adherence to legal procedures – Significant...