NDPS Act | Seized Vehicle Not Liable To Be Confiscated If Accused Used It Without Owner's Knowledge Or Connivance : Supreme Court

The Supreme Court ruled that a vehicle seized under the Narcotic Drugs and Psychotropic Substances Act for the alleged transport of drugs cannot be confiscated if the owner of the vehicle can prove that it was used by the accused person without the owner's knowledge or connivance“However, the seized vehicle is not liable to confiscation if the owner of the seized vehicle can prove that...

Following Justice CT Ravikumar's Retirement, Supreme Court Bench Hearing Pleas Seeking Review Of PMLA Verdict To Be Reconstituted

Following the retirement of Justice CT Ravikumar of Supreme Court, the bench hearing review petitions filed against the Vijay Madanlal Choudhary judgement, which upheld various provisions of the Prevention of Money Laundering Act (PMLA), is set to be reconstituted.It may be recalled that the matter was being considered by a bench of Justices Surya Kant, CT Ravikumar and Ujjal Bhuyan, but...

Sale By Way Of Public Auction Can't Be Set Aside Unless There's Material Irregularity Or Fraud/Collusion : Supreme Court

The Supreme Court has reiterated the principle that sale by way of public auction cannot be set aside until there is any material irregularity and/or illegality committed in holding the auction or if such auction was vitiated by any fraud or collusion. Reference was made to the judgment in V.S. Palanivel vs. P. Sriram 2024 LiveLaw (SC) 662 which held that unless there are some serious flaws...

Until Sale Deed Is Registered, Ownership Of Immovable Property Isn't Transferred : Supreme Court

The Supreme Court has reiterated that the ownership of an immovable property does not get transferred until the sale deed is registered. Mere transfer of possession and payment of consideration will not transfer ownership, unless the sale deed is registered.Referring to Section 54 of the Transfer of Property Act, 1882, a bench comprising Justice BV Nagarathna and Justice NK Singh observed...

NDPS Act| When Can Owner Of Vehicle Used To Carry Contraband Be Arrayed As Accused? Supreme Court Explains

The Supreme Court today outlined four distinct scenarios that arise in cases involving the seizure of vehicles used to transport narcotic substances, as punishable under the Narcotic Drugs and Psychotropic Substances Act (NDPS Act).The bench comprising Justice Sanjay Karol and Justice Manmohan answered the possible fallouts of those scenarios i.e., whether there would be an interim release of...

Offence Of Grievous Hurt By Dangerous Weapons(S.326 IPC) Can Be Compromised In Exceptional Circumstances: Supreme Court

The Supreme Court (today on January 07) observed that while Section 326 (punishment for grievous hurt by dangerous weapons) of the Indian Penal Code, 1860, is non-compoundable, the Court can, in exceptional circumstances, invoke its inherent power to give effect to compromise. Such circumstance also includes voluntary settlement between the parties. “In light of the amicable settlement and...

Supreme Court To Hear Petitions Challenging Upper-Age Limit In Surrogacy Laws On February 11

The Supreme Court is set to hear a batch of petitions challenging the Surrogacy (Regulation) Act, 2021 and Surrogacy (Regulation) Rules, 2022 on the specific issue of upper-age limited and cases where the surrogacy process has already commenced for interim relief. Under the 2021 Act, the age prescribed for the woman is 23 to 50 years and the age prescribed for the man is 26 to 55 years. The...

Supreme Court Collegium Recommends Transfers Of Chief Justices Of Bombay & Telangana High Courts

The Supreme Court Collegium has recommended the transfer of Justice Devendra Kumar Upadhyay, Chief Justice of the Bombay High Court to the Delhi High Court.The Collegium also recommended the transfer of Justice Alok Aradhe, Chief Justice of the Telengana High Court, to the Bombay High Court.Justice Devendra Kumar Upadhyay hails from the Allahabad High Court and Justice Aradhe from the...

SC Collegium Recommends Elevation Of Patna HC CJ Vinod Chandran As Supreme Court Judge

The Supreme Court Collegium has recommended the elevation of Justice K Vinod Chandran, the Chief Justice of the Patna High Court, as a judge of the Supreme Court.Justice K. Vinod Chandran was appointed as a Judge of the High Court of Kerala on 08th November 2011 and was elevated as the Chief Justice of the High Court of Judicature at Patna on 29th March 2023 and has been functioning as the...

Supreme Court Dismisses Builder's Plea To Confine Insolvency Process To Single Real Estate Project

The Supreme Court recently dismissed an appeal seeking to confine Corporate Insolvency Resolution Process (CIRP) of Spaze Towers Pvt. Ltd. (Corporate Debtor) to a single real estate project of the company located in Gurugram.A bench of Justice Abhay Oka and Justice Augustine George Masih dismissed an appeal against the decision of National Company Law Appellate Tribunal (NCLAT), Principal...

NDPS Act Doesn't Bar Interim Release Of Seized Vehicle Pending Disposal Of Criminal Case : Supreme Court

The Supreme Court today (Jan. 7) held that the Narcotic Drugs and Psychotropic Substances Act, 1985 (“NDPS Act”) doesn't prohibit the interim release of vehicles which are seized for allegedly transporting contraband. The Court added that the seized vehicle can be released under Sections 451 and 457 of the CrPC.“This Court is further of the opinion that there is no specific...

Supreme Court Issues Notice On Maneka Gandhi's Plea Challenging Election Of Samajwadi Party's Ram Bhuwal Nishad In 2024 Lok Sabha Polls

The Supreme Court today issued notice on senior BJP leader Maneka Gandhi's plea challenging the election of Samajwadi Party MP Ram Bhuwal Nishad from the Sultanpur Lok Sabha constituency. At the same time, it refused to entertain a writ petition filed by Gandhi challenging Section 81 of the Representation of People Act, 1951, which was ultimately dismissed as withdrawn with liberty to press...