Conviction For Sexual Assault Can Be Based Solely On Reliable Testimony Of Victim Without Corroboration: Allahabad High Court Marriage Dead For All Practical Purposes Can Be Nullified Under Article 142: Supreme Court Grants Divorce Citing Irretrievable Breakdown Senior Officers Accountable For Subordinates' Negligence; State Must Adopt Doctrine Of 'Superior Responsibility' To Combat Corruption: Allahabad High Court Constitutional Principles Of Article 21 Must Override Statutory Embargo Of Section 37 NDPS Act In Prolonged Incarceration: Punjab & Haryana High Court Recording Leasehold Land As 'Pattadar' Instead Of 'Sthitiban' Turns Back The Clock; Violates Right To Property: Orissa High Court Naib Tahsildar Performing Quasi-Judicial Functions Is A 'Judge' Under 1985 Act, Entitled To Protection Against Pension Cuts For Errors Of Judgment: MP High Court Demand Notice Under Section 138 NI Act Must Specifically State Cheque Amount; Failure To Do So Vitiates Prosecution: Kerala High Court Revisional Jurisdiction Under Land Revenue Act Must Be Exercised Within Reasonable Time, Cannot Reopen 20-Year-Old Mutation: J&K&L High Court Specific Performance: Plaintiff Must Prove Financial Capacity; Low Income & Dishonoured Cheques Negate Readiness and Willingness: Karnataka High Court Delay In Pronouncing Reserved Judgments Violates Article 21; Must Be Delivered Within 3 Months: Supreme Court Issues Binding Guidelines For High Courts Professional Independence Does Not Grant License To Abandon Matrimonial Obligations: Supreme Court Dissolves 18-Year Marriage Between Doctors Persistent Denial Of Sexual Intimacy Constitute Mental Cruelty; Supreme Court Dissolves 'Dead' Marriage Invoking Article 142 NDPS Act | High Court Cannot Ignore Mandatory Twin Conditions Under Section 37 While Granting Bail For Commercial Quantity: Supreme Court Contractual Royalty Rates Must Yield To Statutory Amendments; Royalty Payable At Rate Prevailing During Dispatch: Supreme Court Power To Punish For Contempt Must Be Exercised With Restraint But Should Act As Deterrent Against Levity: Supreme Court Public Functionaries Cannot Treat Supreme Court Orders As Matters To Be Addressed At Their Leisure: SC Warns Rajasthan Authorities High Court Can't Reassess Facts Or Substitute Its Interpretation Of Pleadings In Revisional Jurisdiction: Supreme Court Order 12 Rule 6 CPC | Decree On Admission Requires Categorical & Unequivocal Admission; Pleadings Cannot Be Read In Piecemeal: Supreme Court

"NDPS" Digest

Bail – NDPS Act – Regular Bail – Commercial Quantity – Rigours of Section 37 – Petition under Section 483 BNSS for regular bail by accused not found in possession of contraband but alleged to be part of drug trafficking network – Recovery of ₹4,40,000/- as alleged drug money from petitioner and commercial quantity of 140 grams Racemorphan from co-accused &ndas...

NDPS Act – Regular Bail – Recovery of Heroin – Section 37 Rigours – Petition under Section 483 BNSS seeking regular bail in FIR for offences under Sections 21, 22, 27-A and 29 NDPS Act – Recovery of 258 grams of heroin attributed to petitioner, which is more than non-commercial quantity – Held: Rigours of Section 37 NDPS Act squarely attracted and bail can be gr...

NDPS Act – Bail – Commercial Quantity – Rigours of Section 37 – Recovery of 960 capsules of Parivon Spas Plus containing Tramadol (480 grams) and 22.92 grams of heroin from vehicle driven by petitioner – Held that Tramadol recovered constitutes commercial quantity – Twin conditions under Section 37 NDPS Act mandatory – Court not satisfied that accused is n...

Criminal Law - Drugs and Cosmetics Act – Non-standard Quality Drug – Quashment of Complaint – Jurisdiction of Magistrate – Complaint filed against manufacturer alleging offence under Section 18(a)(i) punishable under Section 27(d) of the Act for manufacture of drug not of standard quality – Petitioner contended that offence falling under Chapter IV could be tried only...

Criminal Law – Quashing - Drugs and Cosmetics Act – Rule 45 – Mandatory Time Limit – Quashing of Prosecution – Criminal prosecution launched against manufacturer and its directors alleging manufacture of drug not of standard quality – Samples drawn on 12.07.2022 and sent to Government Analyst on 14.07.2022 – Analyst sought extension only on 01.11.2022, i.e...

NDPS Act – Regular Bail – Second Bail Petition – Commercial Quantity – Delay in Trial – Article 21 of Constitution – Second petition filed under Section 483 BNSS seeking regular bail in FIR under Sections 22(C) and 29 NDPS Act involving alleged recovery of 576 capsules (354.96 grams) – Petitioner in custody since 12.07.2024 – Earlier bail petition di...

NDPS Act – Bail – Commercial Quantity – Rigours of Section 37 – Applicants sought bail under Section 483 BNSS in FIR registered under Sections 21 and 29 NDPS Act – Recovery of 468.380 grams of Chitta (Heroin) effected from co-accused – Quantity admittedly commercial – Held: Once offence involves commercial quantity, mandatory twin conditions under Section ...

Preventive Detention – Validity of Detention Order – Officer's Authority – Detention order issued under Section 3(1) of PIT NDPS Act by Additional Chief Secretary (Home) – Held: Though officer was competent by rank, order was not issued in the name of the State Government nor was it stated to be on behalf of the Government – Procedural irregularity noted but does ...

Criminal Law - Sections 8(c), 21, 25, 27-A, 28 and 29 NDPS Act – Appeal Against Acquittal – Scope of Interference – Presumption of Innocence – Trial Court Acquittal – Held: Appellate court can interfere only if findings are perverse or based on misreading of evidence – Where trial court view is a possible and plausible view, acquittal cannot be reversed merely b...

Narcotic Drugs and Psychotropic Substances Act, 1985 – Bail – Section 37 NDPS Act – Prolonged Incarceration – Article 21 Constitution of India – Bail application rejected where commercial quantity of Heroin and Charas were recovered from a vehicle linked to the applicant, and bank transactions indicated involvement in drug trafficking – Applicant sought bail cit...