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 License Fee on Hoardings is Regulatory, Not Tax; GST Does Not Bar Municipal Levy: Bombay High Court Filing Forged Bank Statement to Mislead Court in Maintenance Case Is Prima Facie Offence Under Section 466 IPC: Allahabad High Court Upholds Summoning Continued Cruelty and Concealment of Infertility Justify Divorce: Chhattisgarh High Court Upholds Divorce Disguising Punishment as Simplicity Is Abuse of Power: Delhi High Court Quashes Dismissals of Civil Defence Volunteers for Being Stigmatic, Not Simpliciter 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 Calling Wife by Her Caste Name in Public Just Before Suicide is Immediate Cause of Self-Immolation: Madras High Court Upholds Husband’s Conviction Under Section 306 IPC Sole Testimony of Prosecutrix, If Credible, Is Enough to Convict: Delhi High Court Upholds Rape Conviction Cheque Issued as Security Still Attracts Section 138 NI Act If Liability Exists on Date of Presentation: Himachal Pradesh High Court After Admitting Lease, Defendant Cannot Turn Around and Call It Forged—Contradictory Stand at Advanced Trial Stage Impermissible: Punjab & Haryana High Court Dismisses Revision Against Rejection of Amendment Plea

"NDPS" Digest

  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]   ...

Criminal Appeal – Regular Bail in NDPS Act Case – Petitioner seeking regular bail for possession of marginally higher than commercial quantity of narcotic substance (Alprazolam) – Arrested and previously granted interim bail but later declared a proclaimed offender – Re-arrested and incarcerated for over 7 months. [Para 1, 2, 6]   Bail Principles – Bail as ...

NDPS – Bail - Conspiracy and Possession of Contraband – Petitioners accused in connection with seizure of 728.42 grams of MDMA from the first accused – Alleged conspiracy among five accused, including financial transactions with an African nation for procuring the contraband. [Paras 2-3]   Arguments by Petitioners’ Counsel – Claim of innocence and false imp...

Prisoners - Temporary release on parole - Rejection of application - Grounds for rejection - Apprehension of engaging in illegal activities and breach of peace - Insufficient grounds - Mere conjectures and surmises - Violation of statutory provisions - Unsustainable order. [Para 17] Punjab Good Conduct Prisoners (Temporary Release) Act, 1962 - Section 6(2) - Conditions for rejecting parole - Li...

Criminal Procedure – Section 482 CrPC – Quashing of Order and Release of Seized Property: Petition under Section 482 CrPC for quashing the order dated 28.06.2016 by the Additional Sessions Judge, Gopalganj, and for release of a motorcycle and mobile phone seized under the NDPS Act. The petitioner, accused in an NDPS case, seeks interim custody of his belongings, claiming wrongful impli...

Application for Leave to Appeal Against Acquittal – Filed under Section 378(3) of Cr.P.C. against acquittal in a case under the N.D.P.S. Act – Accused acquitted by the Special Judge, N.D.P.S. Act, Neemuch, in Special S.T. No.32A/2018. [Para 1]   Facts of the Case – Secret information led to the interception of co-accused Indarmal with 2 Kg 600 grams of opium – Re...

Criminal Appeal – Conviction and Sentence Modification – Appeal against the High Court order affirming the conviction under the Drugs and Cosmetics Act, 1940 – Appellant, a doctor, found in possession of allopathic medicines without proper paperwork – Conviction under Section 18(A) read with Section 28 of the Act upheld, but sentence modified to fine only. [Para 2, 7-13] ...

NDPS - Violation of Sampling Procedure – Bail Granted – Accused arrested for possession of 24kg+ Ganja/Marijuana – Sampling procedure in violation of Standing Orders No.1/88 and 1/89 – Non-compliance raised reasonable doubt about guilt – Previous judgments cited for similar decisions in cases of procedural violation. [Paras 6-7, 19, 21, 28-29]   Section 37 ...

Criminal Law – Bail – Organized Smuggling and Terrorism – Petitioner denied bail in case involving smuggling of 236.622 kg of Heroin – Prosecution's case based on interception of Pakistani boat and involvement of petitioner as recipient – Appeal against High Court order denying bail dismissed – Supreme Court emphasized seriousness of offenses and prima facie...