Stationary Vehicle Parked At Night Without Warning Signs Poses Evident Hazard; SC Refuses To Reduce Compensation For CA Student’s Death Motor Accident Claims: 100% Loss Of Earning Capacity To Be Considered If Amputation Prevents Manual Worker From Pursuing Sole Avocation: Supreme Court Substantive Amendments Rendering Land Transfers 'Void' Are Prospective; Cannot Invalidate Decades-Old Sale Deeds: Supreme Court Registered Sale Deed Carries Formidable Presumption Of Genuineness; Minor Witness Discrepancies Cannot Invalidate Decades-Old Document: Supreme Court Mere Breach Of Sale Agreement Not Cheating Unless Dishonest Intent Existed From Inception: Telangana High Court Mining Lease Applications For First Schedule Minerals Deemed 'Disposed Of' Once Recommended & Approved Prior To 2015: Supreme Court Prolonged Incarceration Under NDPS Act Militates Against Article 21; Conditional Liberty Must Override Section 37 Embargo: Supreme Court Perpetual Minor Status Of Deity Does Not Exempt It From Limitation Laws; Condonation Requires 'Sufficient Cause': Orissa High Court State Cannot 'Approbate And Reprobate' Bravery: MP High Court Mandates Out-Of-Turn Promotion For Cop Who Rescued Truck From 200-Foot Gorge Drugs Controller Can Regulate Misleading Discount Boards In Medical Shops; Right To Business Not A Shield For Deception: Kerala High Court Courts Cannot Direct Parliament To Adopt Rotational Reservation For Assembly Seats; Section 9(1)(c) Delimitation Act Valid: Allahabad High Court Official To Pay Rs 20,000 Costs From Own Pocket: Andhra Pradesh High Court Holds Municipal Commissioner Liable For Failing To Take Court Orders To 'Logical End' IPC Sections 406 & 420 Cannot Co-exist On Same Set Of Facts; Substantial Compliance Enough For Section 156(3) CrPC Affidavit: Kerala High Court Family Courts Duty-Bound To Declare Marital Status In Mutual Consent Muslim Divorces Even If Wife Admits Divorce: Gujarat High Court Allottee’s Right To Interest For Delayed Possession Under Section 18 RERA Is Absolute; Not Fettered By Section 55 Contract Act: Bombay High Court Sentencing Not A Purely Retributive Exercise Divorced From Factual Matrix: Supreme Court Reduces Jail Term Of Man Who Forged Bail Documents

"QUASHING" Digest

Criminal Law - Quashing of FIR - Code of Criminal Procedure 1973 - Section 482 - Advocate implicated in serious criminal offences including attempt to murder and conspiracy - Allegations in FIR divided into three parts including a threat issued at District Court premises at 10:00 AM - Applicant raised plea of alibi and requested collection of CCTV footage - High Court observed that CCTV footage co...

Criminal Law - Quashing of Proceedings - Indian Penal Code 1860 - Sections 406 and 420 - Real Estate Transaction - Complainant and Accused No 3 entered an unregistered agreement of sale with land owners Accused No 1 and Accused No 2 for two acres of land - Partial consideration of seventy lakh rupees was paid - Balance amount was due within two months and ten days as per contractual covenants - Co...

Criminal Law - Quashing of Proceedings - Code of Criminal Procedure 1973 - Sections 397 401 and 482 - Petitioner a pharmaceutical company in Indore supplied goods to opposite party distributor in West Bengal - Dispute arose over outstanding payments of approximately 47 lakhs - Petitioner initiated Section 138 NI Act proceedings in Indore - Opposite party filed counter-complaint in Calcutta allegin...

Criminal Law - Medical Negligence - Indian Penal Code 1860 - Section 338 – Quashing - Petitioner doctor faced prosecution for causing grievous hurt by a rash or negligent act during a Caesarean delivery - Complainant alleged the infant suffered a scalp injury due to mismanagement - Investigation resulted in a charge sheet filed before the completion of the Medical Council inquiry - West Beng...

Criminal Law - Quashment - Bharatiya Nagarik Suraksha Sanhita 2023 - Section 528 - Inherent power to quash proceedings to prevent abuse of process - Petitioners sought quashment of a final report alleging obstruction and intimidation of a police official during a theft enquiry - Factum of Petitioner No 1 being taken into custody without summons led to questioning by the petitioners which the prose...

Food Safety and Standards Act, 2006, Section 89 - Overriding effect - Overlap with Prevention of Food Adulteration Act, 1954 - The provisions of the Act of 2006 shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force. Held, Section 89 mandates that its provisions supersede the Act of 1954 in cases of overlapping jurisdiction. [Paras ...

Criminal Law - Quashing of FIR - Indian Penal Code 1860 - Sections 406, 420 and 120B - Prevention of Money Laundering Act 2002 - Sections 3 and 4 - Foreign Direct Investment - Petitioner news portal challenged FIR and ECIR alleging illegal FDI through share overvaluation and siphoning of funds - Complainant alleged FDI was structured to bypass 26 percent cap and used for non-business payments - Pe...

Criminal Law - Quashing of Proceedings - Protection of Women from Domestic Violence Act 2005 and Indian Penal Code 1860 - Section 498A - Petitioners being the mother-in-law and father-in-law of Respondent No. 2 sought quashing of criminal proceedings under the DV Act and the IPC - Marriage solemnized in June 2021 and husband resided in the United States of America - Husband obtained a decree of di...

Criminal Law - Quashing of Proceedings - Code of Criminal Procedure 1973 - Section 482 - Inherent powers to prevent abuse of process - Petitioner challenged cognizance order for offences under Sections 294-A, 420, 120(B) IPC and Section 7(3) of Lotteries Act - Allegations involved illegal betting on 2019 World Cup cricket matches at Haryana Bhawan - Petitioner argued FIR was tampered and ante-time...

Criminal Law - Quashing of proceedings - Bharatiya Nyaya Sanhita 2023 - Sections 189(3) 223 126(2) and 293 - Petitioners assembled with flags to celebrate the 100th anniversary of their association and Vijayadasami festival - Prosecution alleged gathering caused public hindrance and transport disturbance - Charge sheet filed within nine days of complaint by Village Administrative Officer - Prosecu...