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 – Economic Offences – FIR lodged against company, unknown directors, unknown bank officials and unknown private persons – Preliminary Enquiry conducted for 18 months – No specific individual identified – No material indicating fraudulent intention at inception – Held: Registration of FIR for roving and fishing inquiry impermi...

Criminal Law – Private Complaint – Return of Complaint – Postal Address of Accused – Complaint alleging cyber defamation and online harassment returned by Magistrate for non-furnishing of accused’s postal address – Held: BNSS does not mandate furnishing of postal address as condition precedent for entertaining complaint – Complaint may be filed even agains...

Criminal Revision – Quashing of Proceedings – Alleged Forgery of Vouchers and Cheques in R&D Project – Charge-sheet based on disputed handwriting and encashment of cheques – Handwriting expert repeatedly opined inability to fix authorship of disputed writings qua petitioner – Witnesses admitted handing over withdrawn amounts to another person (Debashis Shome) &nda...

Criminal Law – Quashing of FIR – Civil dispute dressed as criminal offence – Joint Venture Agreement (JVA) for property development – Allegations of false representation, non-refund of security deposit, suppression of litigation and forged document – Court must examine FIR along with admitted documents to assess whether cognizable offence made out – Where disput...

Preventive Detention – Goonda Act – Live and Proximate Link – Detention order passed on 30.08.2025 relying on criminal cases registered between 2019 and 2024 – Last crime dated 15.03.2024 – Gap of more than 16 months between last offence and detention order – Held: Absence of live and proximate link between past conduct and imperative need for detention – ...

Criminal Law – Criminal Intimidation – Section 506 IPC – Quash Petition under Section 482 CrPC – Allegation that accused drove car at victim with intention to cause fear of death – FIR and final report disclose specific overt act and intention – Prima facie offence made out – Proceedings not liable to be quashed [Paras 1–5, 8, 14–17]. Sectio...

Criminal Law - Quashing – Non-Bailable Warrants during Investigation – Scope of Magistrate’s Power – FIR under Sections 376, 420, 506 IPC – Petitioner arrested but escaped from police custody after allegedly attacking police party – Application moved for issuance of arrest warrants – Magistrate issued warrants and later non-bailable warrants – Held: ...

Prevention of Money Laundering Act, 2002 – Quashing of Process – Nexus with Proceeds of Crime – Property purchased between 2005-2007 – Alleged proceeds of crime generated between December 2020 and February 2021 – No material showing connection between earlier acquisition and scheduled offence – Held: Existence of “proceeds of crime” is sine qua non f...

Criminal Law – Quashing of FIR - Prevention of Insults to National Honour Act, 1971 – Section 2 – Essential Ingredients – Statutory provision penalizes burning, mutilating, defacing, trampling upon or otherwise showing disrespect to the National Flag in public view – Explanation 4 clarifies instances of “disrespect” including allowing the Flag to touch the...

Criminal Law – Quashing - Bharatiya Nyaya Sanhita, 2023 – Section 69 – Sexual Intercourse on False Promise of Marriage – Accused married man allegedly concealed marital status and induced victim through social media – Repeated sexual relations resulting in pregnancy – Allegation of deceit from inception – Held: Prima facie ingredients of Section 69 BNS dis...