Writ Jurisdiction Not Appropriate For Adjudicating Complex Title Disputes; Mutation Entries Do Not Confer Ownership: Madhya Pradesh High Court Joint Account Holder Not Liable Under Section 138 NI Act If Not A Signatory To Dishonoured Cheque: Allahabad High Court Private Individuals Accepting Money Can Be Prosecuted Under MPID Act; Nomenclature As 'Loan' Irrelevant: Supreme Court Nomenclature Of Transaction As 'Loan' Irrelevant; If Ingredients Met, It Is A 'Deposit' Under MPID Act: Supreme Court Pleadings Must State Material Facts, Not Evidence; Deficiency In Pleading Cannot Be Raised For First Time In Appeal: Supreme Court Denial Of Remission Cannot Rest Solely On Heinousness Of Crime; Justice Doesn't Permit Permanent Incarceration In Shadow Of Worst Act: Supreme Court Second Application For Rejection Of Plaint Barred By Res Judicata If Earlier Order Attained Finality: Supreme Court Section 6(5) Hindu Succession Act Is A Saving Clause, Not A Jurisdictional Bar To Partition Suits: Supreme Court Sale Of Natural Gas Via Common Carrier Pipelines Is An Inter-State Sale; UP Has No Jurisdiction To Levy VAT: Supreme Court Mediclaim Reimbursement Not Deductible From Motor Accident Compensation; Tortfeasor Can’t Benefit From Claimant’s Prudence: Supreme Court Rules Of Procedure Are Handmaid Of Justice, Not Mistress; Striking Off Defence Under Order XV Rule 5 CPC Is Not Mechanical: Supreme Court Power To Strike Off Tenant's Defense Under Order XV Rule 5 CPC Is Discretionary, Not To Be Exercised Mechanically: Supreme Court Areas Urbanised Before 1959 Don't Require Separate Notification To Fall Under Delhi Rent Control Act: Delhi High Court Police Cannot Freeze Bank Accounts To Perform Compensatory Justice; Direct Nexus With Offence Essential: Bombay High Court FSL Probe Before Electronic Evidence Meets Section 65B Admissibility Standards: Gujarat High Court Court Shouldn't Adjudicate Rights At Stage Of Granting Leave Under Section 92 CPC, Only Prima Facie Case Required: Allahabad High Court Right To Seek Bail Based On Non-Furnishing Of 'Grounds Of Arrest' Applies Only Prospectively From November 6, 2025: Madras High Court Prior Exposure To Accused Before TIP Renders Identification Meaningless: Delhi High Court Acquits Four In Uphaar Cinema Murder Case No Particular Format Prescribed For 'Proposed Resolution' In No-Confidence Motion; Intention Of Members To Be Gathered From Document As A Whole: Orissa High Court Trial Court Cannot Grant Temporary Injunction Without Adverting To Allegations Of Fraud And Collusion: Calcutta High Court "Ganja" Definition Under NDPS Act Excludes Roots & Stems: Karnataka High Court Grants Bail As Seized Weight Included Whole Plants Right To Speedy Trial Under Article 21 Doesn't Displace Section 37 NDPS Mandate In Commercial Quantity Cases: Orissa High Court

"QUASHING" Digest

Criminal Law – Quashing of FIR - Matrimonial Dispute – General Allegations Against In-Laws – Proceedings Quashed in Part - Petitioners challenged FIR under Sections 498A, 504, 506 IPC – Allegations against petitioner No.4 (Surinder Kaur) were found vague and lacking specific instances of cruelty or provocation – Held: Prosecution against her is abuse of process &ndash...

Negotiable Instruments Act — Section 138 — Dishonour of Cheque — Joint Account Holder — Liability — Only Drawer/Signatory Can Be Prosecuted — Cheques were issued from a joint bank account maintained by the applicant and co-accused Rahul Thind, but were signed solely by Rahul Thind — The trial court summoned both on a complaint under Section 138 NI Act &mda...

Anticipatory Bail — Second Petition — Maintainability — No Change in Circumstances — The petitioner filed a second petition for anticipatory bail under Section 482 BNSS within ten days of dismissal of the first petition on 06.04.2026, without disclosing any substantial or drastic change in circumstances — Held: A successive anticipatory bail petition filed without mat...

Criminal Procedure — Proclaimed Person — Section 82 CrPC — Mandatory Requirements — Non-Compliance — The petitioner was declared a proclaimed person vide order dated 14.12.2023 in an FIR involving kidnapping, extortion and cheating — The trial Court, while passing the impugned order, merely observed that the mandatory period of 30 days had expired and proceeded ...

Bharatiya Nagarik Suraksha Sanhita 2023 - Section 528 - Quashing of FIR - Scope of interference - Rice millers challenged FIRs alleging shortage of paddy stocks - Held - At the quashing stage the High Court must not act as a trial court by weighing evidence or testing the truth of allegations - The only test is whether the allegations taken at face value prima facie make out the ingredients of the...

Criminal Law - Code of Criminal Procedure 1973 - Section 482 - Quashing of criminal proceedings - Principles and Guidelines - Bhajan Lal precedent - Held - High Court failed to exercise inherent power to quash proceedings when allegations even if taken at face value do not constitute any offence - [Paras 10-20] Indian Penal Code 1860 - Sections 405 and 406 - Criminal Breach of Trust - Entrustme...

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Sections 3(1)(r) and 3(1)(s) - Atrocities - Place within public view - Essential ingredients - Appellants were charged for hurling casteist slurs inside a residential house - Held, the requirement that the incident must occur in "a place within public view" is a sine qua non for constituting offences under Sectio...

Criminal Law - Negotiable Instruments Act 1881 - Section 138 - Quashing of Proceedings - Non-signatory Spouse - Liability under Section 138 is strictly in personam requiring a mandatory identity-link between the account holder, the drawer, and the signatory - Petitioner being a total stranger to the account and non-signatory to the instrument cannot be prosecuted - Held - To compel a non-signatory...

Quashing of Criminal Proceedings – Compromise – Non-Compoundable Offences – Corporate Accused – Petitioner/A9, Mahindra World City Developers Limited, faced trial before the Judicial Magistrate No. II, Chengalpet in C.C. No. 251 of 2020 for offences under Sections 120(b), 465, 468 and 471 IPC, being the end-purchaser in an alleged chain of forged title documents in respect ...

Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 - Inherent Powers of High Court - Maintainability vs. Alternative Remedy - Preliminary objection by State that petitioner has alternative remedy of seeking discharge before Trial Court. Held, existence of alternative remedy is not an absolute bar to the exercise of jurisdiction under Section 528 BNSS if continuation of proceedings amounts to an...