Conviction For Sexual Assault Can Be Based Solely On Reliable Testimony Of Victim Without Corroboration: Allahabad High Court Marriage Dead For All Practical Purposes Can Be Nullified Under Article 142: Supreme Court Grants Divorce Citing Irretrievable Breakdown Senior Officers Accountable For Subordinates' Negligence; State Must Adopt Doctrine Of 'Superior Responsibility' To Combat Corruption: Allahabad High Court Constitutional Principles Of Article 21 Must Override Statutory Embargo Of Section 37 NDPS Act In Prolonged Incarceration: Punjab & Haryana High Court Recording Leasehold Land As 'Pattadar' Instead Of 'Sthitiban' Turns Back The Clock; Violates Right To Property: Orissa High Court Naib Tahsildar Performing Quasi-Judicial Functions Is A 'Judge' Under 1985 Act, Entitled To Protection Against Pension Cuts For Errors Of Judgment: MP High Court Demand Notice Under Section 138 NI Act Must Specifically State Cheque Amount; Failure To Do So Vitiates Prosecution: Kerala High Court Revisional Jurisdiction Under Land Revenue Act Must Be Exercised Within Reasonable Time, Cannot Reopen 20-Year-Old Mutation: J&K&L High Court Specific Performance: Plaintiff Must Prove Financial Capacity; Low Income & Dishonoured Cheques Negate Readiness and Willingness: Karnataka High Court Delay In Pronouncing Reserved Judgments Violates Article 21; Must Be Delivered Within 3 Months: Supreme Court Issues Binding Guidelines For High Courts Professional Independence Does Not Grant License To Abandon Matrimonial Obligations: Supreme Court Dissolves 18-Year Marriage Between Doctors Persistent Denial Of Sexual Intimacy Constitute Mental Cruelty; Supreme Court Dissolves 'Dead' Marriage Invoking Article 142 NDPS Act | High Court Cannot Ignore Mandatory Twin Conditions Under Section 37 While Granting Bail For Commercial Quantity: Supreme Court Contractual Royalty Rates Must Yield To Statutory Amendments; Royalty Payable At Rate Prevailing During Dispatch: Supreme Court Power To Punish For Contempt Must Be Exercised With Restraint But Should Act As Deterrent Against Levity: Supreme Court Public Functionaries Cannot Treat Supreme Court Orders As Matters To Be Addressed At Their Leisure: SC Warns Rajasthan Authorities High Court Can't Reassess Facts Or Substitute Its Interpretation Of Pleadings In Revisional Jurisdiction: Supreme Court Order 12 Rule 6 CPC | Decree On Admission Requires Categorical & Unequivocal Admission; Pleadings Cannot Be Read In Piecemeal: Supreme Court

"QUASHING" Digest

Criminal Law – Rape – False Promise of Marriage – Consensual Relationship – Appellants accused of establishing physical relations with prosecutrix on false promise of marriage – Prosecutrix, a 24-year-old major, met appellant No. 1 on Instagram, voluntarily visited his house, stayed for 56 days, and continued in the relationship for over a year without protest or insi...

Criminal Law – Quashing of FIR – Real Estate Dispute – Civil Dispute Clothed as Criminal Offence – Petitioners accused under Sections 406, 420, 467, 468, 469, 471 and 120-B IPC in connection with a commercial real estate project styled "IT Square" at Plot No. 21, Knowledge Park-III, Greater Noida – Allegations pertaining to non-delivery of possession, non-ex...

Criminal Law - Jurisdiction - Protection of Women from Domestic Violence Act 2005 - Sections 12 and 27 - Competence of Designated MP/MLA Court - Petitioner a sitting Member of Legislative Assembly challenged the summoning order issued by the Additional Chief Judicial Magistrate at Rouse Avenue Courts Delhi - Contention that PWDV Act proceedings are predominantly civil and should be heard by the re...

Criminal Law - Code of Criminal Procedure 1973 - Section 195 and 340 - Cognizance of offence under IPC Section 417 - Jurisdiction and Procedure - Held - Section 195(1) CrPC provides a bar on cognizance of specific offences relating to public justice and documents given in evidence such as Sections 193 to 196, 199, 200, 205 to 211 and 228 IPC - It has no applicability to offences under Sections 417...

Criminal Law – Quashing under Section 482 CrPC – Vicarious Liability – Designation Alone Insufficient – Applicant prosecuted as Chairman and Managing Director of Wipro in connection with alleged labour law violations at the Lucknow establishment – Security services at the establishment had been outsourced to G4S Secure Solutions India Private Limited under agreement d...

Criminal Law - Quashing of FIR - Prevention of Corruption Act 1988 - Section 7(a) - Code of Criminal Procedure 1973 - Section 482 - Respondent No. 1 a Police Sub-Inspector was accused of directing a complainant to provide illegal gratification to subordinates by stating do something for those boys - High Court quashed the FIR at the nascent stage of investigation on grounds that no direct demand o...

Criminal Law - Quashing of Proceedings - Code of Criminal Procedure 1973 - Section 482 - Banking Fraud and Settlement - Appellant No 2 was a proprietary firm managed by the elder brother of Appellant No 1 which availed credit facilities from UCO Bank starting in 2006 - Following the death of the elder brother in 2009 Appellant No 1 took over management - Due to financial constraints the account wa...

Criminal Law - Quashing of Proceedings - Bharatiya Nagarik Suraksha Sanhita 2023 - Section 528 - Inherent powers - Appellants being the husband - mother-in-law - sister-in-law - and brother-in-law of the complainant were arrayed as accused in a complaint case alleging rape of the minor daughter by the father and uncle and physical assault by other relatives - High Court of Allahabad refused to qua...

Criminal Law - Quashing of FIR - Civil Dispute - Abuse of Process - FIR registered after nine years regarding land dispute pending before civil courts - Complainant suppressed earlier complaint and introduced material improvements including allegations of extortion - Held - Criminal process cannot be permitted to become a weapon of harassment in disputes concerning title over immovable property - ...

Negotiable Instruments Act – Section 141 – Vicarious Liability – Office Bearers of Society – Quashing – Appellant finance company advanced Rs. 4,50,00,000/- to M/s Ravindra Bharathi Educational Society in tranches during July 2018 – Promissory notes and MoU executed acknowledging liability at 30% per annum interest – Cheque No. 003109 dated 18.11.2019 for ...