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

Facts: The case involves a dispute over the determination of "small quantity" or "commercial quantity" of narcotic drugs or psychotropic substances under the NDPS Act, specifically when they are present in a mixture along with neutral substances. The court addressed the challenge to a notification (Notification No. 2942(E) dated 18.11.2009) issued by the Union of India, whic...

Criminal Law – Grant of Bail – NDPS Act – Appeal against the grant of post-arrest bail to accused under NDPS Act – Section 37 mandates that no person accused of certain offences under NDPS Act shall be released on bail unless the Public Prosecutor has been given an opportunity to oppose the application, and the court is satisfied that there are reasonable grounds for believ...

NDPS Act – Representative Sampling of Seized Drugs – Compliance with Standing Order No. 1/89 – The court addressed whether the entire seized drug property or only representative samples must be sent to the FSL for analysis – Held: Only representative samples of seized narcotic drugs, after homogeneous mixing of the bulk property, need to be sent to the FSL – The full ...

Criminal Law – Regular Bail – NDPS Act – Petitioner sought regular bail for being implicated in a narcotics case based on the disclosure statement of co-accused without any recovery from him. The petitioner argued for bail citing prior similar bail grants and lengthy custody without trial progression.   Multiple Cases and Habitual Offender – Petitioner had numero...

Default Bail – Right to Bail under Section 167(2) Cr.P.C. – The appellant was arrested under Sections 153-A, 295-A, 124-A, 120-B of the IPC, and Sections 17 and 18 of the UAPA – He sought default bail on the grounds that the investigation was not completed within 90 days – Held: The right to default bail is an indefeasible right, and since the appellant applied for bail aft...

Criminal Law – Narcotic Drugs and Psychotropic Substances Act, 1985 – Conviction under Section 18 – Appellant convicted for possessing 1.75 kg of opium – Trial Court sentenced him to 10 years rigorous imprisonment and fine – High Court affirmed conviction – Appeal to Supreme Court raising issues of incomplete link evidence and non-examination of independent witn...

NDPS - Possession and Conscious Possession – Section 20(b)(ii)(C) NDPS Act – The appellant was convicted for possessing 208 kg of ganja, which was seized from a private vehicle he was driving – Held: The court observed that possession includes both physical custody and mental awareness – The standard for conscious possession varies depending on whether the vehicle is public...

Criminal Law – Narcotic Drugs – Compliance with Procedural Requirements – Appellants Rajinder Singh @ Bittu and Baljit Singh convicted for possessing 25 kg of heroin – Prosecution argued non-compliance with Section 42 of NDPS Act regarding information recording and senior officer notification – Held, Section 43 applicable as the seizure was from a vehicle in a public ...

Narcotic Drugs and Psychotropic Substances Act – Acquittal – The appellant was convicted under Section 20 of the NDPS Act for possession of 1.1 kg of charas – The conviction was based on the testimony of police officers without corroborating independent witnesses – Significant contradictions were found in the statements of prosecution witnesses regarding the search and seiz...

Criminal Law – NDPS Act – Section 22(c) – Bail under Section 439 CrPC – Prolonged incarceration considered for granting bail – Petitioner apprehended with 295 grams of heroin under Section 22(c) of the NDPS Act – Prosecution failed to present significant progress in the trial despite the charges being framed on 30.11.2023 and only one witness being examined out ...