Despite Divorce, Muslim Wife Entitled To Maintenance If Not Remarried And Unable To Maintain Herself: Patna High Court Quantum of Penalty Is the Domain of the Disciplinary Authority, But Courts Can Interfere If It Shocks the Conscience: Orissa High Court Sets Aside Reversion of Bank Officer Accused Has No Right to Dictate Manner of Investigation: Madhya Pradesh High Court Dismisses Plea Seeking Court-Monitored Probe Even in Breach, Advance Amount Must Be Refunded Unless Actual Damages Are Proven: Kerala High Court Registered Sale Deeds Are Public Notice; Suit Filed Without Contesting Them Is a Sham Litigation: Supreme Court Reiterates Scope of Order 7 Rule 11 CPC IBC | Supreme Court Upholds Primacy of CoC’s Commercial Wisdom in DHFL Resolution Plan, Restores NCLT Order Security Guard Not Covered Under Insurance Policy; Terms of Private Contract Must Be Strictly Construed: Bombay High Court If You Think You Can Call Judges ‘Goondas’ and Walk Away, Think Again: Allahabad High Court Sends Advocate Asok Pande to Jail for Criminal Contempt Victim Turning Hostile Not a Ground for Bail in Serious Offences: Himachal Pradesh High Court Denies Bail to Attempted Murder Accused Additional Evidence Cannot Be Refused Without Considering Its Impact On Merits Of The Case: Calcutta High Court Allows Revisional Application In Eviction Appeal Justice Better Served Through Compensation After Two Decades: Kerala High Court Modifies Sentence in Assault Case Purpose of Acquisition Cannot Justify Lower Compensation When Lands Are Comparable: Supreme Court Enhances Compensation for Dharuhera Land Acquisition by Applying De-Escalation and Comparable Sale Principle The Defence Under Places of Worship Act Opens Door for ASI's Impleadment:- Supreme Court in Krishna Janmabhoomi Dispute Public Jobs Aren’t Hereditary Titles: Supreme Court Strikes Down Bihar Rule Allowing Chaukidars to Nominate Their Children for Government Jobs Supreme Court Upholds Rajasthan Electricity Commission’s Power to Regulate Open Access Even Involving Inter-State Supply: Captive Power Producers Must Comply with Grid Discipline Conviction Can Be Based on Related Witness If Testimony Is Natural and Trustworthy: Punjab & Haryana High Court Upholds Life Sentence in 2000 Murder Case Taunts for Not Bringing Dowry May Not Be Demands, But Can Still Amount to Cruelty: Himachal Pradesh High Court Refuses to Quash 498A, Domestic Violence Case Against Army Officer Contract Labour System Can Be Challenged Despite Past Settlements: Gujarat High Court Validates Industrial Dispute Reference Against Kalptaru Projects Prima Facie Evidence Shows Nayeem Ahmad Khan Was Strategist In Conspiracy With Hurriyat And Terror Groups To Orchestrate Secessionist Violence”: Delhi High Court Denies Bail In UAPA Case Single Administrative Member Can Decide Minor Penalty Cases: Calcutta High Court Recalls Its Own Ruling, Upholds Jurisdiction of CAT Member Sitting Alone Mere Selection Does Not Confer a Vested Right to Appointment: Bombay High Court Upholds Cancellation of Assistant Professor Recruitment Over Alleged Irregularities Driving Unregistered Vehicle Alone Doesn’t Prove Negligence: Punjab & Haryana High Court Enhances Compensation for Amputee in Bus Accident

"NDPS" Digest

NDPS – Acquittal - Arrest and Recovery of Morphine - Appellant Aasha Ram arrested with another individual, Jagram Kewat, by patrolling police party; around 150 grams of morphine allegedly recovered - Police testimonies from Constable Gopal Prasad Rana (PW-1), Makar Dhwaj (PW-2), and S.I. Dhaniram Verma (PW-3) form basis of prosecution case. [Paras 4, 15]   Procedural Compliance un...

Criminal Procedure - Production of additional documents - Permission to produce photocopy of a document - Validity - Para 9, 10: If some mistake is made by the investigating officer by not producing a relevant document at the time of submitting the report or charge sheet, it is open to the investigating officer to produce the same with the permission of the court - The absence of specific prohibit...

Rejection of application for temporary release on parole - Insufficiency of grounds - Violation of statutory provisions - Granting parole based on likelihood to endanger security of the State or maintenance of public order - Apprehensions without supporting material - Unsustainable order Prisoners - Temporary release on parole - Rejection of application - Grounds for rejection - Apprehension of...

Summoning - Drugs and Cosmetics Act, 1940, Section 28 - Code of Criminal Procedure, 1973, Sections 468, 469 - Offence punishable under - Maximum punishment - Imposition of sentence - Scope of - Whether, in a case where an offence is punishable under Section 28 of the Drugs Act with a maximum imprisonment for a term of one year, the Court can take cognizance of the offence beyond the period of limi...

Brief Facts: Petitioners were charged under the NDPS Act for involvement in drug trafficking and were seeking bail (Para 1-3). Allegedly caught with significant quantities of drugs based on secret information, they have been in custody since 04.05.2020, and their trial has made slow progress (Para 3).   Issues: Whether the petitioners can be granted bail based on the circumstances of th...

Narcotic Drugs and Psychotropic Substances Act, 1985 - Extension of time for investigation - Grant of default bail - Conditions for extension of time - Independent application of mind by Public Prosecutor - Non-receipt of FSL report as a compelling reason - Compliance with Section 36A(4) - Applicability of Section 167(2) of Cr.P.C. - The Public Prosecutor is required to independently apply his min...

Criminal case – Bail – Petitioner filed for regular bail in FIR No. 148, dated 27th June 2021, under Sections 15, 25, and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 – Petitioner seeks parity with co-accused who was granted regular bail in a previous case (Para 1 and 2). False Implication Allegation – Petitioner’s counsel alleges that ASI Jagtar ...

NDPS Act – Post-Arrest Bail – Commercial Quantity – Respondent accused of trafficking 50,000 Tramadol tablets (20 kg) – High Court granted bail, ignoring the application of Section 37 of the NDPS Act – Supreme Court quashed the bail order, highlighting the importance of "reasonable grounds" for believing the accused is not guilty and is unlikely to commit an...

Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 – Detention Order – Representation – Delay in disposal – Unexplained delay – Validity of detention order – Writ of Habeas Corpus – High Court of Manipur held that the detention order issued under the NDPS Act for a period of 12 months was challenged on the ground of viola...

Narcotic Drugs and Psychotropic Substances Act, 1985 – Section 52-A – Standing Order No. 1 of 1988 – Conflict between statutory provisions and instructions – Implication of Section 52-A of the Act – Requirement of drawing representative samples of seized contraband – Standing Orders cannot supersede the Act – Statutory instructions are mandatory in nature ...