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 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

"NDPS" Digest

Confiscation of Hypothecated Vehicle – Section 63 NDPS Act – Proviso Interpretation – Held, under the proviso to Section 63(2) of the NDPS Act, no order of confiscation shall be made without giving the financier an opportunity of hearing – The Special Court's order confiscating the vehicle without hearing the petitioner is set aside – The case is remanded for fres...

Criminal Law - Anticipatory Bail – Section 438 CrPC – NDPS Act – Non-commercial quantity – Grant of bail to petitioner – Petitioner not named in FIR, no recovery effected from him, only based on wife's disclosure statement – Petitioner’s wife found with 6.25 grams of heroin, far less than commercial quantity – Petition allowed. [Paras 1-18] &n...

Criminal Law - Regular Bail - Non-compliance with NDPS Act Procedures - Criminal Miscellaneous Petition seeking regular bail under Section 439 of Cr.P.C. - Allegation of possession and sale of 20,000 intoxicating tablets of Tramadol Hydrochloride - Petitioner argues non-compliance with Section 42 of the NDPS Act - Held, total non-compliance with Section 42 is impermissible; delayed compliance acce...

Narcotic Drugs and Psychotropic Substances Act – Regular Bail – Individual vs. Collective Recovery – Petition for bail where 1 kg opium was recovered from petitioner and 9 kg from co-accused. Held, the total quantity should not be considered collectively when individual recovery is effected. Individual recovery from petitioner is non-commercial quantity, making Section 37 of NDPS...

Narcotic Drugs and Psychotropic Substances Act – Regular Bail – Non-Commercial Quantity – Petition for regular bail where the petitioner was implicated based on the disclosure statement of a co-accused and a small quantity of 35 grams of heroin was recovered from him. Held, the petitioner was not named in the initial secret information, and the recovery from him is significantly ...

Criminal Law – Regular Bail – NDPS Act – Petitioner's involvement in conspiracy alleged under Sections 20 and 29 NDPS Act – No recovery directly from petitioner – Petitioner not apprehended at scene, nor owner of implicated vehicle – Held: Grant of regular bail justified considering prolonged custody and arguable points on merits – Petitioner entitled ...

Criminal Law – Anticipatory Bail – NDPS Act – Multiple FIRs – Petitioner sought anticipatory bail under Section 438 Cr.P.C. – High Court discussed the permissibility of registering a fresh FIR against the petitioner, citing Nirmal Singh Kahlon v. State of Punjab, validating the second FIR due to the larger canvass of the inquiry. The statements recorded under Section ...

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...

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...

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...