Know the Law
Delhi's Air Quality Crisis : Important Supreme Court Orders On Firecrackers & Stubble Burning [2016-2021]
As the Air Quality Index (AQI) dipped to hazardous category in Delhi and other surrounding cities following the festival of Diwali, the discussion on Supreme Court orders on regulation of firecrackers and stubble burning have again come to the forefront. The Supreme Court over the last few years has passed a number of orders stipulating directions for regulating persistent issues such as...
Insolvency Law in Review – September 2021
The enactment of the Insolvency and Bankruptcy Code 2016 (Code) has had significant ramifications on the corporate insolvency landscape. Over time, the Code has witnessed a manifold increase in litigation, and consequently in the number of decisions. This has made it difficult for insolvency practitioners to stay updated with developments in the field. This column fills this...
Important Judgments On NDPS Act
The Supreme Court of India and various High Courts of the Country have pronounced numerous judgments in the matters related to the Narcotic Drugs and Psychotropic Substances Act, 1985. In this write-up, the important pronouncements are briefly discussed. Union of India through Narcotics Control Bureau, Lucknow v. Md. Nawaz Khan, CriminalAppeal No. 1043 of 2021 A Bench of Justices...
NDPS Act : Are 'Confessional' Statements Given Under Section 67 Admissible In Evidence?
Recently, a Special NDPS Court has rejected the bail application of Aryan Khan by holding that he was in "conscious possession" of the drugs found with Accused No.2- Arbaaz Merchant. The order held that -"in their voluntary statements both of them disclosed that they were possessing said substance for their consumption and for enjoyment. Thus, all these things show that accused no.1 was...
'Conscious Possession' Under NDPS Act: Explained
A Special NDPS Court has recently rejected the bail application of Aryan Khan by holding that even while Narcotics Control Bureau did not recover any drugs in his possession, he would not be entitled to bail as he was in "conscious possession" of the drugs found with Accused No.2- Arbaaz Merchant. The Special judge observed that Khan apparently knew his friend Abaaz Merchant was...
Anti-Defection Law: Explained
The Speaker of the West Bengal Legislative Assembly Mr.Biman Banerjee has approached the Supreme Court against the order of the Kolkata High Court. The Kolkata High Court in its order had, among other things, held that the Speaker must take a decision on the disqualification of Mr.Mukul Roy within 3 months from the date of the order. The following article shall seek to explain...
Explainer: Law On Border Security Force's Enhanced Powers In Border States
The Ministry of Home Affairs recently extended the jurisdiction of the Border Security Force ('BSF) in the states of West Bengal, Assam and Punjab- a move that has invited criticism from the states of Punjab and West Bengal Government for violating the federal structure and infringing the rights of the state police. States have argued that since law and order is a state subject, BSF's...
Indian Law Dealing With Narcotics Drugs (NDPS Act): An Explainer
Recently, Shah Rukh Khan's son Aryan Khan along with seven others were charged with various sections under Narcotic Drugs and Psychotropic Substances Act,1985 (NDPS Act). The following article shall seek to explain the legislative intent behind the law, the offences therein, the punishment prescribed and the provisions for bail etc. The NDPS Act was enacted with the objective...
The Concept Of 'Detention' Under Section 167 (2) Cr.P.C. And Its Scope,Range And Legality – Part - I [Webinar Video And Notes]
An order by a Magistrate for the detention of a person, whether in "police custody" or "judicial custody" under Section 167 (2) Cr. P.C, pre-supposes an "arrest" of such person before such order. The 3 modes of arrest laid down in Section 46 Cr.P.C are – by physically touching the body of the person to be arrested, orby confining the body of the person to be arrested, orby the...
Clause Barring Payment Of Interest Not Hit By Section 28 Contract Act : Supreme Court
The Supreme Court has held that a clause in an agreement barring payment of interest on amounts security deposit, earnest money deposit or any other amount will not be hit by Section 28 of the Contract Act. According to Section 28 of the Indian Contract Act, a contract is void to the extent it restricts absolutely a party from enforcing his rights by usual proceedings in ordinary courts or if...
Specific Performance - 'Readiness' & 'Willingness' Can't Be Proved For First Time Before HC Through Affidavit Without Amending Pleadings : Supreme Court
"Once it is found on appreciation of evidence that there was no willingness on the part of the plaintiff, the plaintiff is not entitled to the decree for specific performance"