Self-Employment Exception Under Consumer Protection Act Does Not Extend to Business Expansion: Supreme Court Dismisses SLP in Machine Purchase Dispute Dominant Relief is Joint Possession, Not Cancellation of Sale Deeds; Plaintiffs Liable to Pay Court Fee under Section 7(iv)(c) & 7(v) of Court Fees Act — Punjab & Haryana High Court Sets Aside Trial Court's Order Ignorance of Banking Policy and Engaging Outsiders Amounts to Gross Misconduct: Orissa High Court Upholds UCO Bank Manager’s Dismissal Police Diary Cannot Be Treated as Evidence by MACT—Section 172 CrPC Bars It: Kerala High Court Enhances Compensation, Warns Against Once Prima Facie Involvement is Found, Bail Under UAPA Cannot Be Granted Casually — J&K and Ladakh High Court Dismisses Bail Plea of Accused Charged with Harbouring Terrorists of Lashkar-e-Toiba Protected Tenants’ Lands Cannot Be Alienated Without Prior Sanction; Post-Facto Regularization Is Impermissible: Bombay High Court No More Delays – Bring Your Witnesses Tomorrow or Lose the Chance Forever: Delhi High Court Warns Tenant in Eviction Case Eight Months in Custody, No Injury Attributed—Right to Speedy Trial Must Prevail: Punjab & Haryana High Court Grants Bail Habeas Corpus Jurisdiction Not for Enforcing Custody Orders: Telangana High Court Dismisses Father's Plea Seeking Return of Children from USA Employees Appointed on Fixed-Term Contract Cannot Be Terminated Without Due Process: Rajasthan High Court Upholds Tribunal’s Reinstatement Orders for D.A.V. School Staff Consent of Complainant Is Mandatory for Compounding Offence Under Section 138 NI Act: Punjab & Haryana High Court Tenant Must Plead and Prove Vacant Premises in Landlord’s Possession to Resist Eviction under Section 11(3): Kerala High Court Clarifies Burden in Rent Control Cases Mobile Charger Not Part of Cellphone but a Taxable Accessory: Himachal Pradesh High Court Upholds 13.75% VAT, Sets Aside Tribunal Order An Advocate Shall Not Consider Himself a Mere Mouthpiece of the Client: Bombay High Court Rebukes Obstructionist and Lawyer in Execution Delay Tactics Protection of Women Is Not Optional—Supreme Court Dismisses PIL Challenging 498A IPC

"QUASHING" Digest

Criminal Procedure – Quashing of Summons under Prevention of Money Laundering Act (PMLA) – Appellants sought quashing of summons issued by Directorate of Enforcement (ED) under Section 50 PMLA – Supreme Court held that the provisions of PMLA, being a self-contained code, prevail over the Code of Criminal Procedure (CrPC) – Summons issued under Section 50 are valid, and appe...

Criminal Law – Quashing of Proceedings – Section 482 of Cr.P.C. – The petitioners sought quashing of criminal proceedings under Sections 386, 449, 326, 365, 506, 120B, and 34 of the IPC, contending that the allegations made in the complaint were fabricated and unsupported by material evidence. Upon review, the court found discrepancies between the allegations of assault and the m...

Quashing of Criminal Proceedings – Validity of Charges – Petitioners challenged the charge-sheet and criminal proceedings initiated under the Prohibition of Child Marriage Act and POCSO Act – Evidence presented indicated the victim was of legal age at the time of marriage – FIR alleged child marriage based on hearsay without verifying facts – Continuation of proceedin...

Criminal Law – Quashing of FIR – Heinous Offences – Petition to quash FIR for rape under Section 376(2)(n) IPC on the basis of compromise between the parties – Prosecutrix claimed allegations were made in a fit of anger – Court held that FIRs involving serious offences like rape cannot be quashed even if a compromise is reached – Petition dismissed. [Para 12-13]...

Village Common Land – Regularization of Unauthorized Constructions – Civil Writ Petition against rejection of regularization claim – Petitioner constructed house and cattle shed on Panchayat land – Claim based on long-term use by forefathers – Government reconsideration of earlier prohibitions against such claims – Matter remanded for reconsideration under new r...

Criminal Procedure – Quashing of Proceedings – Section 174-A IPC – The applicants sought quashing of the proceedings under Section 174-A IPC, initiated on the basis of an FIR rather than a written complaint by the court, which issued the proclamation under Section 82 CrPC. The High Court, relying on the settled legal position, held that proceedings under Section 174-A IPC can onl...

Negotiable Instruments – Cheque Dishonor – Condonation of Delay – Petition for quashing dismissal of complaint under Section 138 of NI Act – Cheque dishonored on 16.04.2012 – Legal notice dated 15.05.2012 returned unclaimed – Second legal notice sent on 02.06.2012 – Complaint filed on 16.07.2012 dismissed as time-barred – Court held that separate app...

Criminal Procedure – Quashing of FIR – Non-Cognizable Offense – Public Gambling Act – Investigation without Magistrate’s Permission – Petition for quashing of FIR under Section 13-A of the Public Gambling Act – FIR related to recovery of Rs. 1,23,50,000/- alleged to be gambling money – Held that investigation of non-cognizable offense without Magistr...

Land Laws – Village Common Land – Eviction – Petition by Gram Panchayat for land described as Gair MumkinChappar/pond within abadi deh – Collector dismissed the eviction petition, holding land does not vest in Gram Panchayat – Appellate Authority reversed, holding pond within abadi deh vests in Gram Panchayat under Section 2(g) of the Punjab Village Common Lands (Regu...

Criminal Law - Quashing of FIR - Abuse of Process - The petitioners sought quashing of an FIR registered under Sections 406, 409, 420, 424, and 120B IPC, arguing that the case was a civil dispute wrongfully given a criminal dimension. The court observed that while the power to quash FIRs should be exercised sparingly, the allegations in this case, including those of fraud, breach of trust, and con...