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 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

Criminal Procedure - Regular Bail - Narcotic Drugs and Psychotropic Substances Act, 1985 - Bail application under Section 439 of Cr.P.C. - Petitioner seeking regular bail in a case registered under Sections 22-C of the NDPS Act - Petitioner in custody for over two years - Investigation completed, but trial likely to take more time - Petitioner not involved in any other case - Violation of right un...

Regular Bail - Grant of - Petitioner under Sections 21/27-A of the NDPS Act - Allegations of possession of 6 grams of smack - Previous instances of petitioner absconding from trial proceedings - Bail granted and subsequently breached - Petitioner's application for bail rejected by Trial Court - Petitioner in custody for a significant period - No other pending case under NDPS Act against petiti...

Criminal Appeal – Conviction under NDPS Act – Non-compliance with legal provisions and guidelines – Doubts about the place of recovery – Non-examination of independent seizure witnesses – Prejudice caused to the appellant’s defense.   Section 42(2) of NDPS Act – Compliance – Obligation to report information received and send a copy to supe...

Criminal Procedure - Regular Bail Application - Narcotic Drugs and Psychotropic Substances Act - Section 439 Cr.P.C - Petitioner seeks regular bail in a case registered under Sections 21 and 22 of the NDPS Act (Section 29 NDPS Act added later) - Alleged recovery of contraband from co-accused (petitioner's husband) - Petitioner's custody for 7 months and 8 days - Petitioner's contention...

Criminal Procedure - Bail - Application for regular bail under Section 439 of CrPC - Allegations of compromising national security and sharing secret information with co-accused - Petitioner falsely implicated - Weak evidentiary value of disclosure statement - No recovery of narcotics from petitioner - Trial in progress - Serious and specific allegations against petitioner - Bail denied. (Para 5) ...

Criminal Procedure - Bail application under Section 439 of the Code of Criminal Procedure - Charges under the NDPS Act - Recovery of "Commercial Quantity" of poppy pods - Consideration of Section 37 of the NDPS Act for granting bail - Prima facie satisfaction required - Likelihood of influencing witnesses or absconding (Para 9).   Falsification of Involvement - Allegation of f...

CRIMINAL PROCEDURE CODE, 1973 – Section 439 – Regular Bail – Grant of bail to petitioner in connection with FIR No.304 dated 30.06.2022 under Sections 15(c), 27-A, 29 of the NDPS Act – Allegations of illegal trafficking and selling of doda post – Petitioner’s involvement in the offence – Petitioner named in co-accused’s disclosure statement – C...

Criminal Law – Bail – Petitioner charged under NDPS Act for possession of intoxicant tablets – Seeking bail under Section 439 CrPC – Petitioner in custody for over 2 years and 7 months – No criminal antecedents – Co-accused already granted bail – Willing to comply with stringent conditions – State opposes bail due to the commercial quantity of contra...

Bail application under Section 439 of CrPC read with Section 37 of the NDPS Act – Applicant seeks regular bail in a Sessions Case pending before the Special Judge (NDPS), Patiala House, New Delhi – Allegations involve trafficking of contraband – Applicant’s identity allegedly misused by co-accused – Statements, mobile phone messages, and seizure of contraband form the...

Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 50(1) - Compliance - Mandatory requirement - Failure to adhere vitiates conviction - Right to be searched before a gazetted officer or magistrate - Individual communication of right - Joint communication may create confusion and dilute significance of the right - Accused must be made aware of their right to exercise it effectively. [Pa...