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 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 ...

Criminal Law - Bail - Regular bail under Section 439 Cr.P.C. - Grant of - Petitioner arrested in a case registered under Sections 22/61/85 of the NDPS Act, 1985 - Petitioner alleged to be transporting contraband substance - Petitioner's counsel contended that the bottles were being transported between licensed seller and purchaser with valid documentation - Petitioner a first-time offender and...

Bail Petition for NDPS Act Offense - Nirmal Kaur's petition for regular bail in FIR No.177 dated 07.07.2021 under Sections 21 and 29 of the NDPS Act, 1985, registered at Police Station Division No.6, Ludhiana - Allegations of selling intoxicant powder and recovery of Alprazolam tablets and intoxicant powder from petitioner and her son [Paras 1-2]. Contention of False Implication - Petitione...

Rejection of Default Bail by High Court – Appellant aggrieved by the rejection of default bail in connection with FIR.No.152/2022 for alleged possession of 340 gms of smack (morphine) – High Court’s decision based on incomplete charge-sheet filed without FSL/Chemical examiner report. [Para 2]   Consideration for Regular Bail – Supreme Court declined to entertain ...

Criminal Law - NDPS - Appeals from Gujarat High Court's confirmation of convictions for possession and trafficking of heroin under NDPS Act, specifically scrutinizing procedural compliance and reliability of evidence - Appeals arise from a common judgment rejecting appellants' claims of statutory non-compliance and challenging evidence integrity - Appellant Anwarkhan's conviction uphel...

  Bail Application – NDPS Act – Petitioner seeking bail under Section 439 CrPC for alleged violation of NDPS Act – Commercial quantity of contraband involved – Previous criminal history considered. [Para 1-4, 7-8]   Judicial Discretion in Bail – Criminal History Relevance – Criminal history to include only cases with convictions or pending FIR...

Bail and Surety Bond Forfeiture – Unwarranted Issuance of Non-Bailable Warrants – The trial court's mechanical issuance of non-bailable warrants against the appellant, Major Singh, on account of his single absence on 20.12.2022, challenged – Petitioner contends violation of procedure prescribed under CrPC Sections 73, 82, and 446. [Paras 3, 6-7, 9, 13, 27, 29-30]   ...