State Can’t Block SARFAESI Sale by Late Revenue Entries: Secured Creditor’s Charge Prevails Over Tax Dues: Punjab & Haryana High Court Slams Sub-Registrar’s Refusal Providing SIM Card Without Knowledge of Its Criminal Use Does Not Imply Criminal Conspiracy: P&H High Court Grants Bail in UAPA & Murder Case Importer Who Accepts Enhanced Valuation Cannot Later Contest Confiscation and Penalty for Undervaluation: Madras High Court Upholds Strict Liability under Customs Act "Allegations Are Not Proof: Madras High Court Refuses Divorce Without Substantiated Cruelty or Desertion" When FIR Is Filed After Consulting Political Leaders, the Possibility of Coloured Version Cannot Be Ruled Out: Kerala High Court Mere Allegations of Antecedents Without Conviction Can't Defeat Right to Anticipatory Bail: Kerala High Court Section 106 Of Evidence Act Cannot Be Invoked In Vacuum – Prosecution Must First Lay Foundational Facts: Karnataka High Court Acquits Wife And Co-Accused In Husband’s Murder Case Parity Cannot Be Claimed When Roles Are Different: Karnataka High Court Refuses Bail to Youth Accused of Brutal Killing Injured Wife Would Not Falsely Implicate Her Husband: Gauhati High Court Upholds Conviction in Domestic Stabbing Case Disputed Bids, Missing Evidence and No Prejudice: Delhi High Court Refuses to Intervene in Tender Challenge under Article 226 License Fee on Hoardings is Regulatory, Not Tax; GST Does Not Bar Municipal Levy: Bombay High Court Filing Forged Bank Statement to Mislead Court in Maintenance Case Is Prima Facie Offence Under Section 466 IPC: Allahabad High Court Upholds Summoning Continued Cruelty and Concealment of Infertility Justify Divorce: Chhattisgarh High Court Upholds Divorce Disguising Punishment as Simplicity Is Abuse of Power: Delhi High Court Quashes Dismissals of Civil Defence Volunteers for Being Stigmatic, Not Simpliciter Marriage Cannot Be Perpetuated on Paper When Cohabitation Has Ceased for Decades: Supreme Court Invokes Article 142 to Grant Divorce Despite Wife’s Opposition Ownership of Trucks Does Not Mean Windfall Compensation: Supreme Court Slashes Inflated Motor Accident Award in Absence of Documentary Proof Concealment of Mortgage Is Fraud, Not a Technical Omission: Supreme Court Restores Refund Decree, Slams High Court’s Remand State Reorganization Does Not Automatically Convert Cooperative Societies into Multi-State Entities: Supreme Court Rejects Blanket Interpretation of Section 103 Indian Courts Cannot Invalidate Foreign Arbitral Awards Passed Under Foreign Law: Madhya Pradesh High Court Enforces Texas-Based Award Despite Commercial Court’s Contrary Decree Sudden Quarrel over Mound of Earth — Not Murder but Culpable Homicide: Allahabad High Court Eligibility Flows from Birth, Not a Certificate Date: Delhi High Court Strikes Down Rule Fixing Arbitrary Cut-Off for OBC-NCL Certificates in CAPF (AC) Recruitment Bar Under Order II Rule 2 CPC Cannot Be Invoked Where Specific Performance Was Legally Premature Due To Statutory Impediments: P&H High Court Once a Court Declares a Department an Industry Under Section 2(j), State Cannot Raise the Same Objection Again: Gujarat High Court Slams Repetitive Litigation by Irrigation Department “How Could Cheques Issued in 2020 Be Mentioned in a 2019 Contract?”: Delhi High Court Grants Injunction in Forged MOA Case, Slams Prima Facie Fabrication Calling Wife by Her Caste Name in Public Just Before Suicide is Immediate Cause of Self-Immolation: Madras High Court Upholds Husband’s Conviction Under Section 306 IPC Sole Testimony of Prosecutrix, If Credible, Is Enough to Convict: Delhi High Court Upholds Rape Conviction Cheque Issued as Security Still Attracts Section 138 NI Act If Liability Exists on Date of Presentation: Himachal Pradesh High Court After Admitting Lease, Defendant Cannot Turn Around and Call It Forged—Contradictory Stand at Advanced Trial Stage Impermissible: Punjab & Haryana High Court Dismisses Revision Against Rejection of Amendment Plea Dismissed Employee Has No Right to Leave Encashment Under Statutory Rules: Punjab and Haryana High Court Section 13 of Gambling Act Is Cognizable — Magistrate Can Take Cognizance on Police Report: Allahabad High Court Clarifies Surveyor’s Report Not Sacrosanct, Arbitral Tribunal Has Jurisdiction to Apply Mind Independently: Bombay High Court Dismisses Insurer’s Challenge to Award in Fire Damage Dispute Auction Purchaser Has No Vested Right Without Sale Confirmation: Calcutta HC Upholds Borrower’s Redemption Right Under Pre-Amendment SARFAESI Law Mere Breach of Promise to Marry Doesn’t Amount to Rape: Delhi High Court Acquits Man in False Rape Case Father Is the Natural Guardian After Mother’s Death, Mere Technicalities Cannot Override Welfare of Child: Orissa High Court Restores Custody to Biological Father

"NDPS" Digest

NDPS Act – Representative Sampling of Seized Drugs – Compliance with Standing Order No. 1/89 – The court addressed whether the entire seized drug property or only representative samples must be sent to the FSL for analysis – Held: Only representative samples of seized narcotic drugs, after homogeneous mixing of the bulk property, need to be sent to the FSL – The full ...

Criminal Law – Regular Bail – NDPS Act – Petitioner sought regular bail for being implicated in a narcotics case based on the disclosure statement of co-accused without any recovery from him. The petitioner argued for bail citing prior similar bail grants and lengthy custody without trial progression.   Multiple Cases and Habitual Offender – Petitioner had numero...

Default Bail – Right to Bail under Section 167(2) Cr.P.C. – The appellant was arrested under Sections 153-A, 295-A, 124-A, 120-B of the IPC, and Sections 17 and 18 of the UAPA – He sought default bail on the grounds that the investigation was not completed within 90 days – Held: The right to default bail is an indefeasible right, and since the appellant applied for bail aft...

Criminal Law – Narcotic Drugs and Psychotropic Substances Act, 1985 – Conviction under Section 18 – Appellant convicted for possessing 1.75 kg of opium – Trial Court sentenced him to 10 years rigorous imprisonment and fine – High Court affirmed conviction – Appeal to Supreme Court raising issues of incomplete link evidence and non-examination of independent witn...

Narcotic Drugs and Psychotropic Substances Act – Acquittal – The appellant was convicted under Section 20 of the NDPS Act for possession of 1.1 kg of charas – The conviction was based on the testimony of police officers without corroborating independent witnesses – Significant contradictions were found in the statements of prosecution witnesses regarding the search and seiz...

Criminal Law – Narcotic Drugs – Compliance with Procedural Requirements – Appellants Rajinder Singh @ Bittu and Baljit Singh convicted for possessing 25 kg of heroin – Prosecution argued non-compliance with Section 42 of NDPS Act regarding information recording and senior officer notification – Held, Section 43 applicable as the seizure was from a vehicle in a public ...

NDPS - Possession and Conscious Possession – Section 20(b)(ii)(C) NDPS Act – The appellant was convicted for possessing 208 kg of ganja, which was seized from a private vehicle he was driving – Held: The court observed that possession includes both physical custody and mental awareness – The standard for conscious possession varies depending on whether the vehicle is public...

Criminal Law – NDPS Act – Section 22(c) – Bail under Section 439 CrPC – Prolonged incarceration considered for granting bail – Petitioner apprehended with 295 grams of heroin under Section 22(c) of the NDPS Act – Prosecution failed to present significant progress in the trial despite the charges being framed on 30.11.2023 and only one witness being examined out ...

Criminal Law – NDPS Act – Acquittal - Section 52A compliance – Whether the procedure for sampling under Section 52A was followed. Held, the samples were drawn on the spot without the presence of a Magistrate, which contravenes the NDPS Act. As per the Supreme Court's decisions in Mohanlal and Yusuf, samples must be drawn in the presence of a Magistrate, and the inventory must...

Narcotic Drugs and Psychotropic Substances Act – Acquittal - Search and Seizure – Non-Compliance with Section 42 - The investigating officer failed to obtain a search warrant or authorization from the jurisdictional Magistrate, a requirement under Section 42 of the NDPS Act - The search was conducted without the proper authorization, vitiating the procedure - Held: Non-compliance with ...