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 Procedure – Quashing of FIR – Section 482 CrPC – Sine Qua Non – Dispute arising from a Collaboration Agreement of 2012 led the appellant to lodge a complaint with the Commissioner of Police – FIR not registered on complaint, whereupon appellant filed an application under Section 156(3) CrPC before the Magistrate along with a complaint under Sections 420, 406 ...

Preventive Detention – Public Safety Act – Law and Order vis-à-vis Public Order – Bovine Smuggling – Petitioner detained under Section 8(1)(a) of the J&K Public Safety Act by order dated 11.07.2025 on the basis of two FIRs and three unverified Daily Diary Entries alleging habitual bovine smuggling – One FIR already disposed of and the other (FIR No. 0049/20...

Criminal Law – Cheating – Section 420 IPC – Movie Investment – Quashing of Proceedings – Appellant, a movie producer, borrowed money from de-facto complainant on promise of 30% share in profits, later 47%, and issued two post-dated cheques of Rs. 24 lacs each towards principal repayment, which were dishonoured – High Court quashed proceedings under Section 406 I...

Criminal Law – Quashing of proceedings – Section 482 CrPC / Section 528 BNSS – Scope and limits – FIR and victim statements disclose serious allegations of rape, administration of stupefying substance and blackmail – Presence of supporting material including alleged objectionable videos – Held: Where allegations prima facie disclose commission of cognizable offe...

Criminal Law – Rape on false promise of marriage – Section 376(2)(n) IPC – Quashing of FIR – Allegation of physical relationship on promise of marriage resulting in pregnancy – Prosecutrix married with two children and no allegation of divorce or separation – Relationship continued over months in consensual circumstances – Held: No element of inducement, c...

Criminal Law – POCSO – SC/ST Act – Conviction – Quashing – Article 142 – Subsequent Marriage – FIR No. 129 of 2022 registered against the appellant for offences under Sections 363, 366-A and 376 IPC, Sections 3(2)(v), 3(2)(va) and 3(1)(w) of the SC/ST (Prevention of Atrocities) Act, and Sections 3 and 4 of POCSO Act – Appellant convicted by Sessions ...

Criminal Law – Section 528 BNSS – Quashing of Charge-sheet – Cognizable Offence Disclosed – Application Dismissed – FIR lodged by informant (aged 73 years) alleging that Applicant No. 1 (his former driver) along with others forcibly entered his house, misbehaved with him and outraged the modesty of his daughter-in-law by tearing her clothes – Charge-sheet filed ...

Criminal Law – Quashing of FIR – Premature Exercise of Inherent Powers – Section 482 CrPC – Forgery and Cheating – FIR alleged criminal conspiracy by respondents-accused to grab ancestral property and misappropriate bank deposits of the complainant's father by forging his signatures on nomination documents and sale deeds – High Court quashed the FIR holding ...

Criminal Law – Proclaimed Offender – Section 82(4) Cr.P.C – Applicability – Petitioner declared proclaimed offender for offences under Sections 463, 466, 467 IPC – Held: Said offences not covered under Section 82(4) Cr.P.C – Declaration as “proclaimed offender” illegal – At best could be declared proclaimed person under Section 82(1) Cr.P.C [Pa...

Criminal Law – Discharge – Re-allotment of Institutional Plot – Former Chief Minister ordered re-allotment of resumed plot to AJL at original rates plus interest – Decision ratified unanimously by Authority – No court declared re-allotment illegal – No material showing wrongful loss or pecuniary gain – Held: Essential ingredients of Sections 120-B, 420 IPC...