NDPS Act| Delhi High Court To Examine Legality Of Including Neutral Substances With Actual Drug Weight To Determine 'Small Or Commercial Quantity'

The Delhi High Court has issued notice on a writ petition, challenging two notifications issued by the Union Ministry of Finance, stipulating that mixture of narcotic drug and seized material should be considered as a preparation 'in totality', as opposed to actual quantity of drug. The Division Bench of Chief Justice DN Patel and Justice Jyoti Singh has issued notice to the...

'Miserable Condition Of Horses': Calcutta High Court Directs State Gov To Frame Policy Regarding Horse Carriages Plying Near Victoria Memorial

The Calcutta High Court on Tuesday directed the State government to frame a policy to address the deplorable condition of horses used to haul tourist carriages near Victoria Memorial in Kolkata. The West Bengal Department of Home Affairs was ordered to place on record such a policy before the next date of hearing which is slated to take place on February 28. A Bench comprising Chief...

Chengara Land Agitation : Kerala High Court Condemns 20 Yrs Delay, Directs State To Notify Time Frame Required To Allot Habitable Land

The Kerala High Court on Tuesday directed the State government to inform the time frame required to allot inhabitable land to the landless Scheduled Castes and Scheduled Tribes individuals at Chengara who have been fighting for their land for two decades, which soon shaped a campaign and came to be known as the 'Chengara land agitation'. While requiring the State to disclose the name of...

Migrant Workers Case : Activists Move Supreme Court Seeking To Implement Directions On Ration, Community Kitchen Etc

Activists Harsh Mander, Anjali Bhardwaj and Jagdeep Chhokar have moved the Supreme Court alleging non-compliance by the Union of India and some States with the directions given by the Supreme Court in its judgment dated June 29, 2021 in the migrant workers case.A miscellaneous application has been filed by the applicants, who were also intervenors in the suo motu case registered by the...

'Can't Enact Laws': Delhi High Court Dismisses Plea Seeking 'One Person One Tree' Policy For Sustainable Development

The Delhi High Court has dismissed a public interest litigation seeking sustainable development in the national capital, by formulation of a 'One Person One Tree' policy.Noting that the subject matter of drafting policies lies exclusively within the domain of the legislature, the Division Bench comprising of Chief Justice DN Patel and Justice Jyoti Singh dismissed the petition. It...

Arbitral Award Can't Be Challenged On Ground That Arbitrator Has Failed To Appreciate Facts : Supreme Court

On Tuesday, the Supreme Court reiterated that the Appellate Court exercising power under Section 30 and 33 of the Arbitration Act, 1940 ought not to reassess or re appreciate evidence or examine the sufficiency of the evidence. The Apex Court also held that the arbitral award ought not to be challenged on the ground that the arbitrator had drawn his own conclusion or had failed to...

'Refusal To Consider' Different From 'Rejection For Reasons': Kerala HC Directs State Tax Officer To Reconsider Plea Seeking Copies Of Witness Statements

The Kerala High Court has held that there is a clear distinction between refusing to consider an application and rejecting one with reasons, while finding that an officer should specify reasons while denying copies of statements made to the parties in an investigation. Justice Bechu Kurian Thomas observed that since it is settled law that reasons should be reflected in the order, the...

BREAKING| Failure To Compensate COVID Deaths: Supreme Court Asks Chief Secretaries Of Bihar & AP To Appear At 2PM Today

Lashing out at the States of Andhra Pradesh and Bihar for not complying with the directions to pay ex-gratia compensation to the kin of persons who succumbed to COVID-19, the Supreme Court on Wednesday asked the Chief Secretaries of both the States to remain appear before it virtually at 2 PM today.A bench comprising Justice MR Shah and Justice Sanjiv Khanna observed that the Cheif...

'Unable To Appreciate Why Interrogation Cannot Be Done At Kolkata': Calcutta HC Raps ED Over Non-Issuance Of Summons In WB Coal Scam Probe

The Calcutta High Court on Tuesday expressed displeasure at the manner in which the Enforcement Directorate (ED) is investigating a money laundering case linked to the alleged coal scam in West Bengal. The Court was adjudicating upon the plea of Sumit Roy, who is the secretary to All India Trinamool Congress MP Abhishek Banerjee. Roy had challenged the jurisdiction of the Enforcement...

Lis Pendens - Transfer Of Property Not Void Just Because It Is Made During Pendency Of Suit; But Subject To Outcome Of Case : Supreme Court

The Court further pointed out that the pleas of bona fide purchase or lack of notice are not defences available to the purchaser against the doctrine of lis pendens.

Confessional Statement Recorded Under Section 67 NDPS Act Inadmissible, Reiterates Supreme Court

The Supreme Court reiterated that a confessional statement recorded under Section 67 of the NDPS Act will remain inadmissible in the trial of an offence under the NDPS Act. The bench comprising CJI NV Ramana, Justices Surya Kant, Hima Kohli was considering an appeal filed by Narcotics Control Beauro challenging the orders passed by the High Court of Karnataka released on bail the persons...

'Magnitude Of Offence Can't Be Only Criterion For Denial Of Bail': Delhi High Court Grants Relief To Accused In Hello Taxi Scam Case

While granting bail to two men accused of a multi-crore scam, the Delhi High Court recently observed that the magnitude of the offence cannot be the only criterion for denial of bail. Justice Subramonium Prasad observed, "The object of bail is to secure the presence of the accused at the time of trial; this object is, thus, neither punitive nor preventative, and a person who has not...