Gratuity Is A Statutory Right, Cannot Be Denied On Vague Allegations Of Abandonment: Calcutta High Court Directs Employer To Pay Pending Gratuity With Interest Prosecutrix Is a Victim of Crime, Not an Accomplice — Sole Testimony Sufficient for Conviction If It Inspires Confidence: Bombay High Court Rape Is An Offence Against Society And Not A Matter To Be Left For Compromise: Allahabad High Court Refuses To Quash Proceedings Under Section 376 IPC And U.P. Conversion Prevention Act Despite Settlement Andhra Pradesh High Court Upholds Compartmentalized Horizontal Reservation in Sports Quota for MBBS Admissions Total Non-Compliance of Section 42 Vitiates the Trial: Punjab & Haryana High Court Upholds Acquittal in 25-Year-Old NDPS Case Involving 30 Bags of Poppy Husk An Advocate’s Office Situated in a Commercial Building Qualifies as Non-Residential Use Entitling Eviction under Section 12(1)(f) of M.P. Accommodation Control Act: Madhya Pradesh High Court Bail Cannot Be Denied Merely Due to Criminal History—Conspiracy Allegations Alone Insufficient Without Direct Role in SC/ST Offence: Punjab & Haryana High Court No Vested Right to Retain Government Accommodation After Losing Public Office — Penal Rent Justified for Unauthorized Occupation: Patna High Court These Litigations Appear to Be Luxury Litigations: Allahabad High Court Imposes Cost on Over 6400 Petitioners Seeking Revival of TET-Based Selection Process Rule 6(2) Is Not a Cut-Off Provision—Supreme Court Declares Candidates Eligible If D.El.Ed. Was Completed Before Selection Implementation of Slum Rehabilitation Scheme Cannot Be Halted on the Basis of Belated and Baseless Custody Without Communication of Grounds Is No Custody in Law —Violation of Articles 21 and 22 Nullifies Arrest and Remand: Punjab & Haryana High Court Declares Arrest of Music Producer as Illegal Scribe Is Not a Substitute for Attesting Witness—Will Must Satisfy Section 63 of Succession Act and Section 68 of Evidence Act: Punjab & Haryana High Court Rejects 45-Year-Old Testamentary Claim Removal From Service With Superannuation Benefits Entitles Employee to Pension: Supreme Court Acknowledgment of Liability Extends Limitation — Pendency of Appeal No Ground to Resist Recovery: Supreme Court Sympathy Cannot Override Binding Conditions of Tender: Supreme Court Sets  Aside High Court’s Direction to Alter Applicant’s Group Classification for BPCL Dealership Land Acquisition | Factory Without CLU Can't Claim Land Release Despite Long Possession; However, Compensation Under 2013 Act Granted : Supreme Court Person’s Identity Is Not Lost If a Machine Fails to Recognize Them: Madhya Pradesh High Court Quashes LIC’s Rejection Over Biometric Mismatch Mother Cannot Mask Paternity to Satisfy Ego: Bombay High Court Rejects Petition to List Woman as ‘Single Parent’ in Child’s Birth Certificate Transferee Pendente Lite Is Bound by the Decree—Cannot Obstruct Execution Proceedings: Allahabad High Court Pulls Up Revisional Court for Overreach Higher Placement in Seniority List Cannot Be Ignored: Supreme Court Upholds Direction to Consider Contractual Worker for Appointment on Par with Others Regularised CBI Investigation is Not to Be Ordered Routinely on Vague Allegations: Supreme Court Sets Aside High Court’s Order Directing CBI Probe in Extortion Case When Aggressors Trespass Armed into a Dwelling and Cause Fatal Injuries, Exception to Murder Does Not Arise: Supreme Court Affirms Conviction under Section 302 IPC Delayed Payment for 50 Years Warrants Reasonable Interest, But Excessive Rates Cannot Be Granted": Supreme Court

"NDPS" Digest

Narcotic Drugs and Psychotropic Substances Act, 1985 – Taxi Driver – Possession of Contraband – Appellant, a taxi driver, prosecuted under the NDPS Act for recovery of 20 kilograms of ganja from his vehicle – Passengers fled the scene upon interception by police – Trial court convicted appellant based on inability to provide details of passengers – High Court up...

Criminal Law – NDPS Act – Compliance with Section 50 – Acquittal Upheld – The prosecution’s appeal questioned the acquittal on grounds that the Special Court gave undue importance to minor discrepancies and failed to appreciate substantial compliance with the NDPS Act – The High Court observed that the Investigating Officer improperly offered himself as an optio...

Criminal Law – NDPS Act – Conviction under Section 15-C – Appeal – Procedural Violations – Acquittal Granted – Procedural Lapses – Conviction Under Section 15-C of NDPS Act Set Aside – Appellant Avtar Singh’s appeal against conviction allowed due to non-compliance with mandatory procedures under the NDPS Act – Trial Court had sentenced th...

Bail - NDPS Act – Procedural Safeguards – Non-compliance Raises Doubts - The prosecution failed to adhere to the procedural requirements under Sections 42, 50, 52, and 52-A of the NDPS Act. Notably, there was a delay in recording the daily diary entry and preparing the inventory panchanama, as well as discrepancies in witness accounts, undermining the credibility of the prosecution'...

NDPS Act – Interim Release of Seized Vehicle – Principles and Applicability – Appeal against Gauhati High Court judgment dismissing writ petition challenging the denial of interim release of a seized vehicle used in alleged drug transportation – Appellant sought interim custody under Sections 451 and 457 Cr.P.C. – Respondent contended NDPS Act precludes such interim r...

Criminal Law – Bail in NDPS Cases – Section 21(c) NDPS Act – Bail Granted – The appellant had been in custody since April 2023 in connection with the seizure of Codeine Phosphate syrup. Despite the filing of the chargesheet and supplementary chargesheet, the trial was not set to commence until January 2025. The Supreme Court granted bail, considering the prolonged pre-trial...

Criminal Procedure Code, 1973 – Discharge under Section 227 Cr.P.C. – Lack of Prima Facie Case – Appellant (Accused No.13) sought discharge under Section 227 Cr.P.C. from charges under Section 27(b) of the NDPS Act – Sole evidence against the appellant was the confession statement of a co-accused (Accused No.1) – Held: Confessional statement of a co-accused is inadmis...

Criminal Law – NDPS Act – Quashment of Proceedings – Denied – NDPS Act – Recovery of Contraband – Absence of Mentioned Quantity – Petitioner (A2) sought quashing of proceedings in CC No. 74 of 2023 under Section 482 CrPC – Contraband (10 small packets of Ganja leaves and ₹9,750) was allegedly recovered from the petitioner at the crime scene –...

NDPS - Bail – Prolonged Custody – Concession Allowed – The petitioner, a first-time offender, was in custody since 05.09.2021 with only 09 out of 20 prosecution witnesses examined – Held: Delay in trial and prolonged custody warranted relaxation of Section 37 NDPS Act conditions in light of Article 21 of the Constitution – Bail granted [Paras 9-10]. Judicial Preceden...

Statutory Bail – Delay in Filing Final Report – Section 167(2) CrPC – Bail Granted – Petitioners were in custody for over 177 days, and the prosecution failed to file the final report within the stipulated 60 days as required under Section 167(2) CrPC. Despite the existence of criminal antecedents, the Court held that the petitioners are entitled to statutory bail. The cont...