Gratuity Is A Statutory Right, Cannot Be Denied On Vague Allegations Of Abandonment: Calcutta High Court Directs Employer To Pay Pending Gratuity With Interest Prosecutrix Is a Victim of Crime, Not an Accomplice — Sole Testimony Sufficient for Conviction If It Inspires Confidence: Bombay High Court Rape Is An Offence Against Society And Not A Matter To Be Left For Compromise: Allahabad High Court Refuses To Quash Proceedings Under Section 376 IPC And U.P. Conversion Prevention Act Despite Settlement Andhra Pradesh High Court Upholds Compartmentalized Horizontal Reservation in Sports Quota for MBBS Admissions Total Non-Compliance of Section 42 Vitiates the Trial: Punjab & Haryana High Court Upholds Acquittal in 25-Year-Old NDPS Case Involving 30 Bags of Poppy Husk An Advocate’s Office Situated in a Commercial Building Qualifies as Non-Residential Use Entitling Eviction under Section 12(1)(f) of M.P. Accommodation Control Act: Madhya Pradesh High Court Bail Cannot Be Denied Merely Due to Criminal History—Conspiracy Allegations Alone Insufficient Without Direct Role in SC/ST Offence: Punjab & Haryana High Court No Vested Right to Retain Government Accommodation After Losing Public Office — Penal Rent Justified for Unauthorized Occupation: Patna High Court These Litigations Appear to Be Luxury Litigations: Allahabad High Court Imposes Cost on Over 6400 Petitioners Seeking Revival of TET-Based Selection Process Rule 6(2) Is Not a Cut-Off Provision—Supreme Court Declares Candidates Eligible If D.El.Ed. Was Completed Before Selection Implementation of Slum Rehabilitation Scheme Cannot Be Halted on the Basis of Belated and Baseless Custody Without Communication of Grounds Is No Custody in Law —Violation of Articles 21 and 22 Nullifies Arrest and Remand: Punjab & Haryana High Court Declares Arrest of Music Producer as Illegal Scribe Is Not a Substitute for Attesting Witness—Will Must Satisfy Section 63 of Succession Act and Section 68 of Evidence Act: Punjab & Haryana High Court Rejects 45-Year-Old Testamentary Claim Removal From Service With Superannuation Benefits Entitles Employee to Pension: Supreme Court Acknowledgment of Liability Extends Limitation — Pendency of Appeal No Ground to Resist Recovery: Supreme Court Sympathy Cannot Override Binding Conditions of Tender: Supreme Court Sets  Aside High Court’s Direction to Alter Applicant’s Group Classification for BPCL Dealership Land Acquisition | Factory Without CLU Can't Claim Land Release Despite Long Possession; However, Compensation Under 2013 Act Granted : Supreme Court Person’s Identity Is Not Lost If a Machine Fails to Recognize Them: Madhya Pradesh High Court Quashes LIC’s Rejection Over Biometric Mismatch 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

"NDPS" Digest

Parole – Right of Convicts – Arbitrary Rejection Not Permissible – The petitioner, convicted under Section 22(c) of the NDPS Act, sought parole for eight weeks, which was denied on the grounds that he might engage in drug smuggling and disrupt elections – Held: Mere apprehensions without supporting material cannot justify denial of parole – No credible evidence was pr...

Criminal Law – Possession of Contraband – Section 21 NDPS Act – Conviction Based on Official Witnesses – The appellant was convicted for possessing 10 grams of smack based on testimony of police officials – Held: Conviction under Section 21 NDPS Act is sustainable even in the absence of independent witnesses, provided the official witnesses are consistent and reliable...

NDPS – Failure to Follow Procedural Safeguards – Acquittal Upheld – The respondents were acquitted by the Trial Court despite the recovery of 10,000 capsules of Spasmo Proxyvon – State challenged the acquittal on the ground that prosecution evidence sufficiently proved possession and seizure – Held: Failure to comply with mandatory provisions under Sections 52, 52A, a...

Bail - NDPS Act – Procedural Lapses in Search and Seizure – Section 50 Not Complied With – Bail Granted – The petitioner, a foreign national, was arrested based on secret information, and 57 grams of Amphetamine was allegedly recovered from his possession – The petitioner argued that the police failed to comply with mandatory provisions under Section 50 of the NDPS Ac...

Bail under NDPS Act – Compliance with Section 37 – Twin Conditions to Be Met – The petitioner sought bail in an NDPS Act case involving commercial quantity – Held: Under Section 37 of the NDPS Act, two conditions must be satisfied before granting bail – (i) The Court must hear the Public Prosecutor, and (ii) There must be reasonable grounds to believe that the accused...

Regular Bail – Criminal Conspiracy – Sections 399 and 402 IPC, NDPS Act – Bail Granted – The petitioners were arrested on allegations of being part of a gang involved in criminal activities – The prosecution alleged that a co-accused fired at a police officer, but no injury was sustained – No contraband was recovered from the petitioners – The petitioners ...

Bail in NDPS Cases – Section 37 NDPS Act – Prolonged Pre-Trial Custody – Bail Granted - The petitioner was accused of supplying narcotic drugs based on the disclosure statement of co-accused and call detail records – The prosecution failed to produce independent corroborative evidence such as recovery from the petitioner – The Supreme Court has granted bail in similar...

NDPS Act – Bail in Commercial Quantity Cases – Prolonged Incarceration as a Ground – The petitioner was charged under Sections 8(c) r/w 22(c) and 29 of the NDPS Act for allegedly facilitating drug trafficking by arranging accommodation and making financial transactions – Two previous bail applications were rejected due to prima facie involvement and statutory embargo under ...

Bail under NDPS Act – Commercial Quantity – Conscious Possession – Applicant sought bail in a case involving seizure of 1880 grams of MDMA, well above the commercial quantity threshold of 10 grams – Prosecution established that the applicant inquired about the parcels containing contraband, attempted to collect them while concealing his identity, and fled upon sensing law e...

Quashing of Criminal Proceedings – Section 482 CrPC – Summoning Order Lacks Reasons – The appellants were charged with manufacturing and distributing a drug declared as ‘Not of Standard Quality’ – The trial court issued summons without assigning reasons – The Supreme Court reiterated that a summoning order must reflect application of judicial mind and must...