Case Law 2025 - The Legal Chamber

Supreme Court on NDPS Bail: Delay and Custody Can’t Override Statutory Bar for Commercial Quantity

3Feb

By The Legal ChamberNo Comments

Supreme Court

Supreme Court on NDPS Bail: Delay and Custody Can’t Override Statutory Bar for Commercial Quantity

The Supreme Court set aside the High Court's bail order, holding it failed to properly apply the stringent twin conditions under Section 37 of the NDPS Act. The matter was remitted for fresh consideration, mandating a reasoned assessment of the accused's involvement, statutory compliance, and the substantial quantity of seized contraband before granting bail. Facts Of The Case: The case involves appeals by the Union of India against two bail orders granted to the respondent, Vigin K. Varghese, by the Bombay High Court. The prosecution, initiated by the Directorate of Revenue Intelligence, stemmed from the seizure of approximately 50.232 kilograms of cocaine on October 6-7, 2022. The narcotics were found concealed within a consignment of pears imported from South Africa in the name of M...

Supreme Court Boosts Payout for Minor’s Permanent Disability in Kerala Accident

The Supreme Court enhanced compensation for a minor with 77.1% permanent disability by applying established legal parameters from precedents like Pranay Sethi. It recalculated loss of future earnings using a multiplier of 15 and 40% future prospects, and awarded standardized sums under conventional heads including pain and suffering, loss of amenities, and loss of marriage prospects. Facts Of The Case: The case pertains to a motor accident on 19.04.2002 involving a 14-year-old minor student travelling in an auto-rickshaw which was hit by a lorry insured with respondent No. 3. The appellant suffered injuries resulting in 77.1% permanent disability. The Motor Accident Claims Tribunal initially awarded Rs. 1,73,000/- with interest. On appeal, the High Court enhanced the compensation b...

Supreme Court Ruling: Fraudulent Share Transfer Struck Down: Key Takeaways from the Satori Global Judgement

The Supreme Court ruled that the NCLT has wide jurisdiction under Sections 397 and 398 of the Companies Act, 1956, to adjudicate on allegations of fraud, oppression, and mismanagement when integral to the complaint. It upheld that acts violating the Articles of Association and statutory provisions, including invalid share transfers and board meetings, constitute oppression, empowering the Tribunal to grant comprehensive relief. Facts Of The Case: The case involves Mrs. Shailja Krishna, a majority shareholder holding over 98% of a private company, and her husband, Mr. Ved Krishna. In December 2010, during a strained marital relationship, Mrs. Krishna allegedly resigned from her directorship and executed a gift deed transferring her entire shareholding to her mother-in-law. She contended s...