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Criminal Procedure Code (CrPC), 1973 — Section 436-A — Applicability — Undertrial detention exceeding half of maximum sentence — Section 436-A mandates release of undertrial prisoners who have undergone detention extending up to one-half of maximum period of imprisonment specified for the offence, unless further detention is ordered with reasons — Exception: This provision is explicitly inapplicable to offences for which the punishment of death has been specified as one of the possible punishments under that law. (Paras 7, 9.2, 11) Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) — Sections 8(c) read with 20(b)(ii)(C) and 29(1) — Conviction for possession of commercial quantity of ganja (23.500 kg) and conspiracy — Appeal against concurrent findings of lower courts — Absence of independent witnesses — Failure to secure independent witnesses is not fatal to the prosecution case, especially under the NDPS Act, if the testimonies of official witnesses are consistent, coherent, and credible, and no material doubt is raised in cross-examination. (Paras 12, 18, 20, 21, 22) Insurance Scheme — PMGKY Package — Requisition of Services of Private Doctors — The invocation of special laws (Epidemic Diseases Act, 1897) and implementing regulations (Maharashtra COVID-19 Regulations, 2020), coupled with executive actions such as the NMMC notice directing private dispensaries to remain open under threat of penal action (IPC S. 188), constitutes a “requisition” of services for doctors and health professionals under the scheme requirements — A narrow interpretation of “requisition” requiring specific individual appointment letters is rejected due to the compelling, emergent circumstances of the pandemic. (Paras 23-26, 30(a)) Public Premises (Eviction of Unauthorised Occupants) Act, 1971 — Scope and Applicability — Overriding Effect over State Rent Control Legislations — Whether PP Act 1971 prevails over State Rent Control Acts (such as Maharashtra Rent Control Act, 1999 or Delhi Rent Control Act, 1958) regarding eviction from ‘Public Premises’ defined under Section 2(e) — Both PP Act 1971 and State Rent Control Acts are special laws; conflict resolved by legislative purpose and policy, which dictates that PP Act 1971 must prevail — A person in unauthorised occupation of public premises cannot invoke the protection of the Rent Control Act. (Paras 2, 5.6.3, 5.7.1, 5.8.2, 13(i), 13(ii), 13(iv)) Income Tax Act, 1961 — Section 36(1)(viii) — Interpretation of “derived from” vs. “attributable to” — The phrase “derived from” connotes a requirement of a direct, first-degree nexus between the income and the specified business activity (providing long-term finance) — It is judicially settled that “derived from” is narrower than “attributable to,” thus excluding ancillary, incidental, or second-degree sources of income — If income is even a “step removed” from the core business, the nexus is broken (Paras 14, 15, 20, 33).
Cr P C

Criminal Procedure Code (CrPC), 1973 — Section 436-A — Applicability — Undertrial detention exceeding half of maximum sentence — Section 436-A mandates release of undertrial prisoners who have undergone detention extending up to one-half of maximum period of imprisonment specified for the offence, unless further detention is ordered with reasons — Exception: This provision is explicitly inapplicable to offences for which the punishment of death has been specified as one of the possible punishments under that law. (Paras 7, 9.2, 11)

Dec 12, 2025 sclaw
Narcotics

Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) — Sections 8(c) read with 20(b)(ii)(C) and 29(1) — Conviction for possession of commercial quantity of ganja (23.500 kg) and conspiracy — Appeal against concurrent findings of lower courts — Absence of independent witnesses — Failure to secure independent witnesses is not fatal to the prosecution case, especially under the NDPS Act, if the testimonies of official witnesses are consistent, coherent, and credible, and no material doubt is raised in cross-examination. (Paras 12, 18, 20, 21, 22)

Dec 12, 2025 sclaw
Criminal Procedure Code (CrPC), 1973 — Section 436-A — Applicability — Undertrial detention exceeding half of maximum sentence — Section 436-A mandates release of undertrial prisoners who have undergone detention extending up to one-half of maximum period of imprisonment specified for the offence, unless further detention is ordered with reasons — Exception: This provision is explicitly inapplicable to offences for which the punishment of death has been specified as one of the possible punishments under that law. (Paras 7, 9.2, 11)
Cr P C
Criminal Procedure Code (CrPC), 1973 — Section 436-A — Applicability — Undertrial detention exceeding half of maximum sentence — Section 436-A mandates release of undertrial prisoners who have undergone detention extending up to one-half of maximum period of imprisonment specified for the offence, unless further detention is ordered with reasons — Exception: This provision is explicitly inapplicable to offences for which the punishment of death has been specified as one of the possible punishments under that law. (Paras 7, 9.2, 11)
Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) — Sections 8(c) read with 20(b)(ii)(C) and 29(1) — Conviction for possession of commercial quantity of ganja (23.500 kg) and conspiracy — Appeal against concurrent findings of lower courts — Absence of independent witnesses — Failure to secure independent witnesses is not fatal to the prosecution case, especially under the NDPS Act, if the testimonies of official witnesses are consistent, coherent, and credible, and no material doubt is raised in cross-examination. (Paras 12, 18, 20, 21, 22)
Narcotics
Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) — Sections 8(c) read with 20(b)(ii)(C) and 29(1) — Conviction for possession of commercial quantity of ganja (23.500 kg) and conspiracy — Appeal against concurrent findings of lower courts — Absence of independent witnesses — Failure to secure independent witnesses is not fatal to the prosecution case, especially under the NDPS Act, if the testimonies of official witnesses are consistent, coherent, and credible, and no material doubt is raised in cross-examination. (Paras 12, 18, 20, 21, 22)
Insurance Scheme — PMGKY Package — Requisition of Services of Private Doctors — The invocation of special laws (Epidemic Diseases Act, 1897) and implementing regulations (Maharashtra COVID-19 Regulations, 2020), coupled with executive actions such as the NMMC notice directing private dispensaries to remain open under threat of penal action (IPC S. 188), constitutes a “requisition” of services for doctors and health professionals under the scheme requirements — A narrow interpretation of “requisition” requiring specific individual appointment letters is rejected due to the compelling, emergent circumstances of the pandemic. (Paras 23-26, 30(a))
General Insurance Service
Insurance Scheme — PMGKY Package — Requisition of Services of Private Doctors — The invocation of special laws (Epidemic Diseases Act, 1897) and implementing regulations (Maharashtra COVID-19 Regulations, 2020), coupled with executive actions such as the NMMC notice directing private dispensaries to remain open under threat of penal action (IPC S. 188), constitutes a “requisition” of services for doctors and health professionals under the scheme requirements — A narrow interpretation of “requisition” requiring specific individual appointment letters is rejected due to the compelling, emergent circumstances of the pandemic. (Paras 23-26, 30(a))
Public Premises (Eviction of Unauthorised Occupants) Act, 1971 — Scope and Applicability — Overriding Effect over State Rent Control Legislations — Whether PP Act 1971 prevails over State Rent Control Acts (such as Maharashtra Rent Control Act, 1999 or Delhi Rent Control Act, 1958) regarding eviction from ‘Public Premises’ defined under Section 2(e) — Both PP Act 1971 and State Rent Control Acts are special laws; conflict resolved by legislative purpose and policy, which dictates that PP Act 1971 must prevail — A person in unauthorised occupation of public premises cannot invoke the protection of the Rent Control Act. (Paras 2, 5.6.3, 5.7.1, 5.8.2, 13(i), 13(ii), 13(iv))
Property Matters Rent
Public Premises (Eviction of Unauthorised Occupants) Act, 1971 — Scope and Applicability — Overriding Effect over State Rent Control Legislations — Whether PP Act 1971 prevails over State Rent Control Acts (such as Maharashtra Rent Control Act, 1999 or Delhi Rent Control Act, 1958) regarding eviction from ‘Public Premises’ defined under Section 2(e) — Both PP Act 1971 and State Rent Control Acts are special laws; conflict resolved by legislative purpose and policy, which dictates that PP Act 1971 must prevail — A person in unauthorised occupation of public premises cannot invoke the protection of the Rent Control Act. (Paras 2, 5.6.3, 5.7.1, 5.8.2, 13(i), 13(ii), 13(iv))
C P C

Civil Procedure Code, 1908 (CPC) – Section 100 – Appeal – Second appeal – Non-consideration of material evidence by First Appellate Court – Wrong assessment of facts – Second Appellate Court can decide true nature of a transaction on the basis of admitted facts – Interference in second appeal affirmed.

Jun 24, 2017 sclaw

  AIR 1971 SC 1049 SUPREME COURT OF INDIA RADHA NATH SEAL (DEAD) BY HIS LEGAL REPRESENTATIVES — Appellant Vs. HARIPADA JANA AND OTHERS — Respondent ( Before : J.…

Constitution

Kannan Devan Hills (Resumption of Lands) Act, 1971 – Sections 4 and 5 – Land in question – State has legislative competence to legislate on Entry 18, List II and Entry 42 List III. This power cannot be denied on the ground that it has some effect on an industry controlled under Entry 52, List I. Effect is not the same thing as subject-matter

Jun 24, 2017 sclaw

  AIR 1972 SC 2301 : (1972) 2 SCC 218 : (1973) 1 SCR 356 SUPREME COURT OF INDIA THE KANNAN DEVAN HILLS PRODUCE — Appellant Vs. THE STATE OF…

C P C

Partnership Act, 1932 – Section – 69 – Civil Procedure Code, 1908 (CPC) – Order 30 Rule 4 – Promissory note – The respondents filed a suit to recover a sum of Rs. 58,880 on the foot of a promissory note dated April 1, 1960 to recover the principal sum of Rs. 46,380 and interest which accrued thereon – The respondent- firm is a registered partnership firm and under Section 69 of the Partnership Act, the suit is maintainable

Jun 23, 2017 sclaw

  (1996) 8 AD 562 : (1997) 1 BC 503 : (1996) 10 JT 38 : (1996) 8 SCALE 17 : (1996) 11 SCC 480 : (1996) 7 SCR 152…

Civil Cases

Partition – What manner the property are required to be enjoyed in equal shares? – On perusal of the partition deed, it is clear that the view of the High Court is not correct. It is seen that the ground floor was allotted to both the appellant and the respondent for common enjoyment and first floor was allotted to one party and second floor was allotted to another party

Jun 23, 2017 sclaw

  (1996) 8 AD 553 : (1996) 8 SCALE 243 : (1996) 11 SCC 496 : (1996) 7 SCR 812 Supp SUPREME COURT OF INDIA K.M. SRINIVASAN — Appellant Vs.…

Service Matters
Service

Validity of the charge memo – A charge memo imputing misconduct on his part was issued to respondent – The respondent filed O.A. in the Administrative Tribunal challenging the validity of the charge memo dated September 28, 1991. The Tribunal in the impugned order dated April 15, 1994 set aside the charge memo on the ground that the charges were vague

Jun 23, 2017 sclaw

  (1996) 8 AD 728 : (1997) 75 FLR 2 : (1996) 10 JT 40 : (1997) 2 LLJ 1011 : (1996) 8 SCALE 14 : (1996) 11 SCC 498…

Customs & Excise

Customs Act, 1962 – Section – 15(1), 46(5) – Exemption from duty – Appeal relates to the applicability of the Notifications No. 439/86 and No. 440/86, dated October 6, 1986 whereby partial exemption admissible in respect of basic customs duty and auxiliary customs duty on wood and articles of wood falling under Notifications was withdrawn

Jun 23, 2017 sclaw

  (1997) 94 ELT 454 : (1997) 11 SCC 654 SUPREME COURT OF INDIA KHATTAR ENTERPRISES (P) LTD. — Appellant Vs. COLLECTOR OF CUSTOMS, CALCUTTA — Respondent ( Before :…

Customs & Excise

Constitution of India, 1950 – Article – 14 – Claim for exemption – Respondent company is entitled to the benefit of the exemption notification – In order to be treated as a manufacturer the respondent must not hold any share in the capital of any foreign company and no part of the capital of the respondent company must be held by a foreigner or a foreign company.

Jun 23, 2017 sclaw

  (1999) 107 ELT 579 : (1997) 11 SCC 657 SUPREME COURT OF INDIA UNION OF INDIA (UOI) AND ANOTHER — Appellant Vs. SUHRID GEIGY LTD. — Respondent ( Before…

Education

Migration to the Medical College – The Migration Sub-Committee of the Medical Council of India rejected the application whereupon a writ petition was filed on 30th July, 1998 in the High Court. By order dated 26th March, 1999, respondent No. 1 was allowed to attend the 2nd Year MBBS classes at the Government Medical College, Aurangabad and it is this order which is challenged in the present case

Jun 22, 2017 sclaw

  (2000) 5 JT 498 : (2000) 9 SCC 163 SUPREME COURT OF INDIA nt Vs. DIPARANI P. DESHMUKH AND ANOTHER — Respondent ( Before : S. S. M. Quadri,…

You missed

Cr P C

Criminal Procedure Code (CrPC), 1973 — Section 436-A — Applicability — Undertrial detention exceeding half of maximum sentence — Section 436-A mandates release of undertrial prisoners who have undergone detention extending up to one-half of maximum period of imprisonment specified for the offence, unless further detention is ordered with reasons — Exception: This provision is explicitly inapplicable to offences for which the punishment of death has been specified as one of the possible punishments under that law. (Paras 7, 9.2, 11)

Dec 12, 2025 sclaw
Narcotics

Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) — Sections 8(c) read with 20(b)(ii)(C) and 29(1) — Conviction for possession of commercial quantity of ganja (23.500 kg) and conspiracy — Appeal against concurrent findings of lower courts — Absence of independent witnesses — Failure to secure independent witnesses is not fatal to the prosecution case, especially under the NDPS Act, if the testimonies of official witnesses are consistent, coherent, and credible, and no material doubt is raised in cross-examination. (Paras 12, 18, 20, 21, 22)

Dec 12, 2025 sclaw
General Insurance Service

Insurance Scheme — PMGKY Package — Requisition of Services of Private Doctors — The invocation of special laws (Epidemic Diseases Act, 1897) and implementing regulations (Maharashtra COVID-19 Regulations, 2020), coupled with executive actions such as the NMMC notice directing private dispensaries to remain open under threat of penal action (IPC S. 188), constitutes a “requisition” of services for doctors and health professionals under the scheme requirements — A narrow interpretation of “requisition” requiring specific individual appointment letters is rejected due to the compelling, emergent circumstances of the pandemic. (Paras 23-26, 30(a))

Dec 12, 2025 sclaw
Property Matters Rent

Public Premises (Eviction of Unauthorised Occupants) Act, 1971 — Scope and Applicability — Overriding Effect over State Rent Control Legislations — Whether PP Act 1971 prevails over State Rent Control Acts (such as Maharashtra Rent Control Act, 1999 or Delhi Rent Control Act, 1958) regarding eviction from ‘Public Premises’ defined under Section 2(e) — Both PP Act 1971 and State Rent Control Acts are special laws; conflict resolved by legislative purpose and policy, which dictates that PP Act 1971 must prevail — A person in unauthorised occupation of public premises cannot invoke the protection of the Rent Control Act. (Paras 2, 5.6.3, 5.7.1, 5.8.2, 13(i), 13(ii), 13(iv))

Dec 12, 2025 sclaw