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

NDPS Act – Bail Application – Recovery from Co-Accused – Petitioner Not Directly Implicated – Bail Granted – The petitioner sought regular bail under Section 439 CrPC, asserting false implication and lack of recovery from him – Court noted that the contraband was recovered from a co-accused, and the petitioner’s involvement was based solely on a disclosure...

NDPS Act – Section 67 Statements – Admissibility – The applicant’s role was primarily established through statements recorded under Section 67 of the NDPS Act – Following Toofan Singh v. State of Tamil Nadu, such statements are inadmissible as confessions under the Evidence Act – Held: Section 67 statements cannot sustain a prima facie case for continued detenti...

NDPS - Transfer of Investigation – Allegations of Bias and Procedural Irregularities – Investigation Ordered – Petitioner alleged false implication in an NDPS case and failure of the local police to preserve CCTV footage despite court orders – Court directed transfer of investigation to a senior police officer from another district, emphasizing the importance of impartialit...

NDPS Act – Recovery of Contraband – Procedural Lapses and Compliance Issues – Acquittal Ordered – Appellant convicted for transporting poppy husk without adherence to NDPS Act's procedural safeguards – Evidence showed recovery of 50 bags of poppy husk weighing 40 kg each, concealed under other goods – Court found non-compliance with Section 52A of the NDPS A...

Bail in NDPS Cases – Stringent Conditions of Section 37 NDPS Act – Bail Denied - Petitioner sought bail for possession of commercial quantity (28 injections of Buprenorphine) – Court held that the twin conditions of Section 37 NDPS Act were not satisfied as the petitioner failed to demonstrate reasonable grounds for innocence or assurance against re-offending – Mere argumen...

NDPS Act – Non-compliance with Section 52A – Conviction Set Aside – The appellants were convicted under Sections 8/22 and 8/29 of the NDPS Act for possessing and trafficking Tramadol Hydrochloride Tablets. The Court observed that the prosecution failed to comply with the mandatory provisions of Section 52A of the NDPS Act, which requires the presence of a Magistrate during the in...

Criminal Law – NDPS Act – Regular Bail – Prolonged Detention and Presumption of Innocence – The petitioner, charged under Section 22 of the NDPS Act for allegedly possessing intoxicating tablets, sought bail, citing extended incarceration and the lack of further evidence recovery – Co-accused had already been granted bail, and only a third of the prosecution witnesses...

Narcotics Law – Bail Application for Commercial Quantity of Cannabis – Extended Detention Under Section 36A(4) NDPS Act – Petition for regular bail under Sections 480 and 483 of BNSS due to procedural lapses in handling detention beyond 180 days and irregular sample verification – Petitioner alleged that procedural violations, including failure to involve a Magistrate in sa...

Bail in NDPS Cases – Medical Grounds – Section 37 of NDPS Act – Bail Granted with Conditions - The petitioner sought bail under Section 483 of BNSS, citing critical health conditions requiring care outside the prison setting, while the prosecution opposed the application due to the commercial quantity involved and alleged serious misconduct involving misuse of position by police ...

Narcotic Drugs – Illegally Transporting Ganja – Mandatory Compliance under NDPS Act – Conviction Reversed: Appellants were convicted for illegal transportation of 30 kg of ganja. Trial Court’s conviction based on non-compliance with Section 52A of the NDPS Act. Karnataka High Court held that the seizure, inventory, and sampling of the contraband did not follow the mandatory...