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 Law - Quashing of FIR and Charge-sheet - Petition under Section 482 CrPC - Criminal Appeal against the order of High Court refusing to quash FIR for abetment of suicide - FIR lodged for offenses under Sections 306, 506, and 34 IPC - Complainant filed no objection to the quashing of FIR - Allegations in suicide note and FIR vague and do not attract Section 306 IPC - Compromise reached betw...

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...

Criminal Law – Abetment of Suicide – Quashing of FIR – Petitioners accused of abetting the suicide of the complainant's brother by refusing to repay money owed for construction work – FIR quashed – Court held that the mere non-payment of dues, without any positive act of instigation, does not constitute abetment under Section 306 IPC – Emphasized that there ...

Evidence Law - Secondary Evidence - Quashing of Order - Petition to quash order dismissing application for leading secondary evidence - Original documents produced in preliminary stage untraceable due to office shifting - Held, petitioner genuinely unable to produce original documents - Permitted to adduce secondary evidence as per exceptions under Sections 65 and 66 of the Indian Evidence Act - P...

Criminal Procedure - Quashing of FIR - Offence under Section 188 IPC - Petition to quash FIR on grounds that police registered it without written complaint from public servant - Held, Section 195 CrPC requires written complaint from public servant to take cognizance of offences under Section 188 IPC - FIR registered by police without such complaint is void ab initio - FIR and subsequent proceeding...

Criminal Law - Abetment of Suicide - Quashing of FIR - Petition to quash FIR under Sections 306, 34 IPC based on compromise - Deceased committed suicide allegedly due to threats from petitioners - Held, no mens rea or direct instigation by petitioners as per facts - Four-day gap between threat and suicide indicates no direct causation - FIR and proceedings quashed. [Paras 18, 23, 30]   ...