Presumption Of Correctness Of Judicial Records Not Absolute And Can Be Rebutted By Direct Evidence: Kerala High Court on Married Daughter Cannot Challenge Partition After 21-Year Slumber If She Had Knowledge: Madhya Pradesh High Court Kerala High Court Orders Immediate Suspension Of Lakshadweep CJM For Allegedly Forging Witness Deposition To Convict Accused Supreme Court Bars Post-Divorce Maintenance Claims When Wife Voluntarily Waived Maintenance In Settlement Agreement Advocate Is An Officer Of Court, Not Mere Agent Of Client: Allahabad High Court Distinguishes Between Active Concealment & Statement In Ignorance, Slaps Cost On Litigants For Misleading Bench Cannot Summon Accused Mechanically On Protest Petition Without Assigning Justifiable Reasons: Andhra Pradesh High Court Increment Not A Bounty: Allahabad High Court Rules Public Holiday Cannot Delay Pay Hike For Teachers Joining Next Working Day Paying Taxes Or Utility Connections Confer No Legal Ownership Over Govt Land': Andhra Pradesh High Court Orders Demolition Of Encroachment 'Cannot Compel Public Authority To Collect Data From Private Bodies': Bombay High Court Quashes CIC Orders Directing SEBI To Procure BSE Records Under RTI Act Section 10 CPC Cannot Stay Previously Instituted Title Suit Pending Subsequent Probate Case; Inherent Powers Under Section 151 Inapplicable When Probate Dismissed: Calcutta High Court Mere Phone Calls Without Transcripts No Ground For Murder Conspiracy: Delhi High Court Clear Violation Of Section 42 NDPS Act': Gujarat High Court Holds Failure To Record Secret Info In Writing Fatal When Police Officer Had Time To Act JK High Court Quashes Criminal Case Against Cop Accused Of Threatening Advocate Over Phone Call Without Prior Sanction Under Section 197 CrPC Custody Unwarranted For Mere Formalities Once Weapon Is Recovered: Kerala High Court Grants Regular Bail In BNS Axe Attack Case Circumstances Of Crime Can Be Assessed During Trial: High Court Upholds Trial Of Minor As Adult Under JJ Act In Murder Case Statutory Deposit Under Order 21 Rule 89 CPC Is A Sine Qua Non; Litigant Cannot Stall Auction Sale By Merely Blaming Counsel: Madras High Court

"QUASHING" Digest

Criminal Law — Quashing of Chargesheet — Section 482 CrPC — CCTV Footage — Parity among Co-accused — Appellants, residents of the same apartment complex as the complainant, arraigned in chargesheet under Sections 143, 341, 323, 324, 354, 504, 506, 509 and 427 IPC arising from a neighbourly altercation on 11.10.2022 — High Court quashed proceedings against two co...

Criminal Law – POCSO and BNS Offences – Quashing of FIR – Post-Settlement Marriage – Petition Allowed – FIR was lodged at the instance of the parents of the prosecutrix at Police Station Dhamnod, District Dhar, under BNS and POCSO Act – Prosecutrix had been a consenting party and was forced to depose against the petitioner by her parents – Subsequent to re...

Rape – Consensual Relationship – Section 375 IPC – FIR Quashed – Petitioner, a skating coach, allegedly developed physical relations with the prosecutrix, wife of the complainant, over a prolonged period – FIR lodged by the husband on the ground that the petitioner had forcibly committed rape and blackmailed the prosecutrix – Prosecutrix, a qualified dentist age...

Prevention of Corruption Act – Quashing of Proceedings – Sub-Inspector of Police – Demand of Illegal Gratification – Absence of Material Evidence – Petitioner-accused No.3, working as Sub-Inspector of Police at Kamareddy Police Station, was arrayed in Crime No.05/RCO/ACB-NZB/2020 for offences under Sections 7(a)(c) and 12 of the Prevention of Corruption Act and Sectio...

Criminal Law – Quashing of Proceedings – Matrimonial Dispute – Implication of Relatives – Petitioners (mother-in-law, father-in-law, and sister-in-law) challenged proceedings arising from a complaint filed by the 2nd respondent alleging cruelty and demand of dowry – Held: A close reading of the complaint indicates that commonplace domestic discord and minor skirmishes...

Criminal Law - Negotiable Instruments Act, 1881 - Sections 138 and 141 - Vicarious Liability of Directors - Quashing of Summoning Orders - Petitioner sought quashing of summoning orders and criminal proceedings arising from dishonoured cheques issued by the company - Petitioner contended that he was an Independent Director (Non-Executive), not a signatory to the cheques, and not involved in the da...

Prevention of Corruption Act – Quashing of proceedings – Trap case – Demand and acceptance of illegal gratification – Petitioner sought quashing under Section 482 Cr.P.C. alleging absence of preliminary enquiry, lack of jurisdiction of ACB, defective sanction, and absence of recovery from personal possession – Held, at stage prior to trial Court only required to asses...

Criminal Proceedings – Quashing under Section 482 CrPC – Allegations of manufacturing and selling goods by misusing established brand identity – FIR and charge-sheet disclose prima facie offences of cheating, forgery and deception – High Court declined to quash proceedings holding that disputed facts require trial and continuation of prosecution not an abuse of process [Par...

Companies Act – Appointment of Woman Director – Section 149 – Compliance – Triable Issue – Petitioner company alleged to have violated Section 149 of the Companies Act, 2013 by failing to appoint a woman director within the prescribed period ending 31st March, 2015 – Petitioners claimed appointment of Ms. Kirti Sanghavi as woman director by Board resolution date...

Criminal Law – Copyright Infringement – Sections 63, 65, 65A, Copyright Act, 1957 – Quashing of Proceedings – Non-Application of Mind – Appellant, a National Award-winning film director, directed 'Kahaani-2' released on 02.12.2016 – Complainant alleged that appellant had stolen his script 'Sabak', registered on 31.07.2015, and used it in the film...