Criminal Procedure – Quashing of Proceedings – Petitions to quash Calendra under Section 145 Cr.P.C. regarding land ownership dispute – Deceased Colonel Gurdev Singh's property claimed by petitioner (his second wife) and respondent No. 5 (his daughter) – Civil suit for declaration of ownership already pending – Ad interim injunction granted to maintain status quo ...
Criminal Procedure – Recalling Witness – Section 311 Cr.P.C. – Petition challenging dismissal of application to recall witness – Trial court dismissed application citing delay – High Court held delay not attributable to petitioner due to later issuance of crucial bank communication – Clarification from Branch Manager essential to resolve material discrepancy &nd...
Criminal Law – Quashing of Criminal Proceedings under IPC and Prevention of Corruption Act – Supreme Court remands matter to Division Bench of High Court – Challenge against Single Judge's decision quashing criminal proceedings arising from IPO fraud in Yes Bank and IDFC shares – CBI contends settlement with SEBI does not absolve criminal liability – Supreme Court...
Criminal Law – Abetment to Suicide – Petition for quashing FIR for abetment to suicide under Section 306 IPC. Petitioner accused of harassing and blackmailing the deceased, leading to his suicide. Suicide note recovered implicating the petitioner. Held, mere demand for repayment of a loan does not amount to abetment, but combined with harassment, blackmail, and threats, it can compel a...
Criminal Law – Quashing of Proceedings under Sections 143, 147, 148, 149, 341, 324, 294(b), 506(ii), 323, and 447 IPC – Validity of Cognizance Without Considering Refer Report – Kerala High Court Directions for Reconsideration – The High Court quashed the cognizance orders of the Judicial First-Class Magistrate Court in cases arising from protest complaints after the police...
Criminal Law – Quashing of Summoning Order – Distinction between Civil and Criminal Proceedings – Held – Summoning order under Section 406 IPC by the Magistrate was quashed by the Supreme Court – No prima facie case of criminal breach of trust established against the appellants – Supreme Court emphasized that mere non-payment of dues arising from a commercial tr...
Criminal Law – Quashing of FIR – Petition under Section 482 Cr.P.C. –
Allegations of dowry harassment and domestic violence – FIR against entire family of husband including those living separately – Specific allegations only against husband and parents – General, vague, and bald allegations against others – No prima facie case against distant relatives...
Civil Procedure – Rejection of Plaint – Jurisdiction of Civil Court – Appellants sought permanent prohibitory injunction against interference with possession of suit land declared as evacuee property – Trial court rejected plaint citing lack of jurisdiction under J&K State Evacuees’ (Administration of Property) Act, Svt. 2006 – Rejection upheld by First Appe...
Negotiable Instruments – Section 138 – Quashing of Complaints – Grounds for Quashing – Petitioner contended that the complaints should be quashed due to the absence of partnership deed and authorization, and lack of requisite license under the Money Lenders and Accredited Loan Providers Act – High Court held that authorization and partnership deed issues should be exa...
Criminal Procedure – Registration of FIR – Complaint Handling Post Cognizance – Petitioner challenged the order directing registration of FIR under Section 156(3) Cr.P.C. after the Magistrate recorded the complainant’s statement under Section 200 Cr.P.C. – Held that once cognizance was taken by recording the statement, the Magistrate could not issue directions for FIR...