Section 106 IEA Cannot Fill the Gaps in a Shaky Prosecution Case: Rajasthan High Court Rebukes Investigative Lapses in Murder Trial Accident Claim | Ration Card Cannot Decide a Man’s Age: Punjab & Haryana High Court Forgery in Wife’s Name and Defiance of Court Orders Amount to Contempt: Kerala High Court Limitation | Selectively Active Litigant Cannot Seek Liberal Condonation: Delhi High Court Refuses to Revive 1589 Days’ Delay Mere Unnatural Death Within Seven Months Is Not Dowry Death: Delhi High Court Refuses to Reverse Acquittal in Ruby Hanging Case A Partition Suit Is a Suit for Land: Bombay High Court Rejects Plaint for Want of Clause XII Leave Senior Citizens Act Cannot Be A Shortcut To Reclaim Property Registered In Wife's Name: Bombay High Court State Bound By Its Concession; More Meritorious Candidates Cannot Be Denied Appointment: Supreme Court Balances Equity In Rajasthan Grade III Teacher Recruitment Penalty For Delayed Compensation Is The Employer's Personal Fault — Insurance Company Cannot Be Made To Pay For The Employer's Own Default: Supreme Court Bail Cannot Be a Mechanical Exercise in Murder and Atrocities Cases: Supreme Court Cancels Bail Granted on ‘Extraneous Considerations’ Even A Lathi Becomes A Murder Weapon When Repeatedly Aimed At The Head With Bone-Deep Force: Supreme Court Applies The Virsa Singh Test To Demolish The Defence That Lathis Are Not Deadly Weapons Section 149 IPC While Demanding Proof Of Individual Fatal Blow Runs Contrary To The Very Principle Of Vicarious Liability: Supreme Court Statement Under Section 108 Is Substantive Evidence If Voluntary:  Supreme Court Upholds Conviction In Smuggling Case U.P. Anti-Conversion Act Does Not Apply To Interfaith Live-In Relationships Unless Actual Conversion Is Intended: Allahabad High Court Section 480(6) BNSS | If Trial Is Not Concluded Within Sixty Days… Such Person Shall Be Released On Bail: MP High Court Bombay High Court Lifts Stay on Banks’ Fraud Proceedings Against Anil Ambani Preventive Detention Cannot Survive Without Supplying Relied Upon Documents: Karnataka High Court Reasserts Article 22(5) Safeguards Court Subordinate Who Attended Duty Drunk, Abused Advocates & Misbehaved With Judge's Family Gets No Mercy: Andhra Pradesh High Court Upholds Removal From Service XXXVII Rule 3 CPC | Claim Of 24% Interest Without Prima Facie Contract Cannot Be Blindly Accepted In Summary Proceedings : Madras High Court On Summary Suit Defence Re-Testing Under NDPS Act Cannot Be a Tool to Overcome an Adverse Lab Report: J&K High Court Quashes Charge-Sheet After First Report Ruled Out Heroin Shocking And Disturbing That Cows Died Due To Starvation: Kerala High Court Pulls Up Travancore Devaswom Board Over Neglect Of Temple Gosala Promoter Cannot Retain Ownership By Merely Using The Word ‘Lease’: Bombay High Court Upholds Ownership Deemed Conveyance Under MOFA

"QUASHING" Digest

Criminal Law – Quashing of FIR on basis of settlement – Section 482 CrPC – Property dispute involving allegations under Sections 406, 420, 465, 467, 468, 471, 120B, 294(b) and 506(2) IPC – High Court dismissed application under Section 482 CrPC seeking quashing of FIR registered at Halol Town Police Station, District Panchmahal – During pendency of SLP, parties entere...

False Promise to Marry – Quashing – Long-term Consensual Relationship – No Evidence of Deceitful Intention at Inception – Section 69 BNS Not Attracted – Criminal Intimidation Under Section 351(2) BNS Not Made Out – Criminal Law Not a Tool for Private Relationship Fallouts – Proceedings Quashed [Paras 8–17]. False Promise to Marry – Section 6...

Criminal Law – Assault on Child – Section 323 IPC – Conviction Upheld – Section 8(2) Goa Children’s Act – Set Aside – Evidence of PW1 (injured child) found wholly reliable – Ocular testimony consistent and unshaken – Medical certificate not proved but ocular evidence given primacy – Incident held isolated and lacking ingredients of &ldquo...

Criminal Writ – Quashing - Organised Crime – KCOCA Invocation – Prior Approval – Improper Invocation – Petitioner, accused No.12, was in police custody at the time of the alleged incident of conspiracy to commit dacoity – Inclusion of KCOCA against accused based solely on co-accused’s voluntary statement without independent corroboration – Held: No m...

Criminal Law – Quashing - Proclamation under Section 82 CrPC – Illegal Declaration – Petitioner declared proclaimed person in FIR involving Sections 406 and 420 IPC – Court found that procedure under Section 82 was not followed – No evidence of petitioner absconding or concealing himself – No fresh proclamation issued after adjournment – Minimum 30-day not...

Criminal Law – Quashing of Summoning Order – Cheating – Criminal Breach of Trust – Petitioners, who are close relatives of Complainant, alleged to have misused powers of attorney given in UAE to fraudulently transfer assets and siphon company funds – Petitioners challenged summoning order on grounds of lack of evidence and territorial jurisdiction – Held: Allega...

Criminal Law – Quashing of FIR – Allegations under Section 498A IPC and Dowry Prohibition Act – High Court quashed proceedings arising from FIR No.35 of 2024, registered by appellant-wife against husband and in-laws alleging harassment and dowry demand – High Court held non-mention of two specific incidents (dated 22.07.2021 and 27.11.2022) in earlier complaints before FIR ...

Quash Petition – Corruption Allegations – Section 482 CrPC – Alleged Conspiracy in Purchase of Fogging Machines – Quash Rejected – Petitioners, former Executive Officers of Salem District Town Panchayats, sought quashing of proceedings in Spl.C.C.Nos.1–3 of 2024 arising from Crime No.3 of 2021 under PC Act and IPC offences – Allegation: machines purchased ...

Prison Law – Furlough – Classification of Convicts – Constitutional Validity of Administrative Standing Orders – Petitioner convicted under Sections 304B, 498A, and 406 IPC – Sentence modified by Supreme Court and petitioner re-admitted to prison post-conviction – Application for furlough denied based on Clause F(3) of Standing Order No. 01/2019 which mandates a...

Arms Act – Quashing of FIR – Conscious Possession – Live Ammunition – Petitioner, a US Army personnel and citizen, found carrying 9 live cartridges in his check-in baggage at IGI Airport – Claimed the ammunition was mistakenly left in bag by his father who holds valid arms license – No firearm recovered – Petitioner unaware of the presence of ammunition &n...