27 May

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NDPS Quantity Determination & Problem of Neutral Substances

Posted by lexel

Quantity Determination under the NDPS Act: Mixture Theory, Procedural Safeguards and Scientific Challenges NDPS (Narcotic Drugs and Psychotropic Substances) Act, 1985 is one of the stricter laws of India. It has the strictest punishment where the sentence of an accused is determined on the quantity of the contraband recovered from the accused during investigation, and also has the strictest conditions for bail under sec 37 of the Act. Chapter IV of the act deals with offences and penalties. When looked at the section dealing with the sentences for the offence, one would notice that the sentence depends on the quantity of the drug. Drugs are categorized as "small...

04 March

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Disclosure Statements and Charges under NDPS Act

Posted by lexel

in Criminal Law, High Court, Judgments

Charge Framing upon Disclosure Statement under Section 29 of the NDPS Act not sustainable in absence of Material Evidence Usually, it is seen that the prosecution in order to falsely implicate the accused, without any evidence, relies solely on the disclosure statements of other accused. These disclosure statements are involuntary and are recorded by the police from the other accused when they are in custody and therefore the element of coercion and undue influence always prevail in such disclosure statements which challenge the very authenticity of such statements. The police during investigation makes these disclosure statements as the basis for the...

04 January

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Understanding Bails in Murder Cases

Posted by lexel

in Criminal Law, High Court, Judgments

Understanding Bails in Murder Cases In a criminal case specifically during consideration of bails in murder cases under Section 302 IPC, evidence placed on record is of foundational importance. In a matter pertaining to bail in a murder case based on circumstantial evidence, the main contention which can lead a judge to exercise discretionary power and grant the concession of regular bail is an incomplete chain of events and allegation based upon conjectures and suspicion with no material corroborating evidence to establish a prima facie case against the accused. In other words absence of facts which can be proved as a...

14 June

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Arbitration under MSME Act

Posted by lexel

in Arbitration, Legal Updates

Arbitration under MSME Act The Micro, Small and Medium Enterprises (“MSMEs”) are regulated under ‘the Micro, Small and Medium Enterprises Development Act, 2006’ (“the MSME Act”) and one of the primary objective of the MSME Act has been to protect the MSMEs from defaulting buyers, who delay/stop the payments to the MSME enterprises. It is a comprehensive legislation that intends to ensure smooth flow of credit to small scale enterprises and boost the development of the micro, small, and medium enterprises by inter alia providing for Arbitration under MSME Act. The framework of the MSME Act mandatorily requires a buyer of goods...

25 May

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Understanding Sec. 37 of the NDPS Act & powers of High Court to grant Bail in NDPS Cases

Posted by lexel

in Criminal Law, High Court, Judgments

Understanding Sec. 37 of the NDPS Act & powers of High Court to grant Bail in NDPS Cases: Drugs-related NDPS cases are dealt under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985. The law makes cultivation, consumption, abating consumption, sale or transaction of narcotic drugs and psychotropic substances listed under the NDPS Act as crime. A perusal of Sec. 37 of NDPS Act shows that it starts with a non-obstante clause stating that: Notwithstanding anything contained in the Code of Criminal Procedure, 1973 no person accused of an offence prescribed therein shall be released on Bail unless the conditions contained therein were...

19 July

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Supreme Court on appointment of Tribunal members

Posted by lexel

in Legal Updates, Public Policy, Supreme Court

The Hon’ble Supreme Court by majority of 2:1 in the case of Madras Bar Association vs. Union of India & Anr. has struck down certain provisions of Tribunals Reforms (Rationalization and Conditions of Service) Ordinance 2021 which provided minimum age limit for appointment as members in various tribunals to be 50 years. The majority observed that the minimum age requirement of 50 years proposed by the ordinance is in violation of the earlier directions given by the court in 2020 Madras Bar Association Case, that proposes that the advocates with minimum 10 years of experience should be rendered as eligible...

15 July

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Justice Delayed is Justice Denied: Cheque Bounce cases under Sec.138 N.I. Act

Posted by lexel

in Legal Updates, Supreme Court

A 5-judge Constitution Bench of the Hon’ble Supreme Court of India in a Sou Motu petition has recommended amendments in Section 138 of the Negotiable Instruments Act, 1881 and issued several other guidelines in order to make the Act more efficient in disposing of the cases of dishonor of cheque in a speedy manner since there has been a huge backlog of cases on the matter pending for disposal which is raising questions on the efficacy of the existing laws. The learned Amici Curiae as appointed by the Apex Court in its preliminary report submitted that total number of criminal cases...

13 July

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Jail Inmates also entitled to Right to Life

Posted by lexel

in Criminal Law, High Court, Judgments, Legal Updates

Right to life is guaranteed to all including the Jail inmates. As remarkably stated in a white paper published by the British Government titled “People in Prison” that if a society wants to judge its quality of belief in the worth of individual beings, it should see its prison and probation services and the resources made available to them. In a democratic country like India where rights of its citizen is one of the most important part of the system, also thrives to ensure that each and every individual is guaranteed his fundamental right to life. In a recent judgment the Punjab...

12 July

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Overview of UP Population (Control, Stabilization and Welfare) Bill, 2021

Posted by lexel

in Legal Updates, Public Policy

UP Population (Control, Stabilization and Welfare) Bill, 2021 India is the seventh largest country in the world with the population of 136.64 crores. Majority of its population is illiterate and lives below poverty line. Therefore, growing population is one of the major concern in a country like India. So in order to get the situation under control, now the government is keen to take measures regarding it. The CM Yogi Adityanath led BJP govt. in Uttar Pradesh while working in the same direction has now proposed a Bill that will aim to control population through various provisions. OBJECT OF THE BILL A Bill to...

08 July

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Insight into Advocates Protection Bill, 2021

Posted by lexel

in Legal Updates

Why should Judiciary and Police officials have all the fun? The BCI, one of the prominent body in the legal system of India is now concerned for the safety the advocates and their family after the occurrence of few incidents which included threat to their security, henceforth it has called for suggestions on the draft ‘Advocates Protection Bill’ from Bar Councils, High Court Bar Association and SC Bar Association. The Bill have come in talks after the incident involving a Jaipur based lawyer and his wife were attacked causing several injuries and in the view of similar incidents. The bill was drafted...

Author: lexel