Stationary Vehicle Parked At Night Without Warning Signs Poses Evident Hazard; SC Refuses To Reduce Compensation For CA Student’s Death Motor Accident Claims: 100% Loss Of Earning Capacity To Be Considered If Amputation Prevents Manual Worker From Pursuing Sole Avocation: Supreme Court Substantive Amendments Rendering Land Transfers 'Void' Are Prospective; Cannot Invalidate Decades-Old Sale Deeds: Supreme Court Registered Sale Deed Carries Formidable Presumption Of Genuineness; Minor Witness Discrepancies Cannot Invalidate Decades-Old Document: Supreme Court Mere Breach Of Sale Agreement Not Cheating Unless Dishonest Intent Existed From Inception: Telangana High Court Mining Lease Applications For First Schedule Minerals Deemed 'Disposed Of' Once Recommended & Approved Prior To 2015: Supreme Court Prolonged Incarceration Under NDPS Act Militates Against Article 21; Conditional Liberty Must Override Section 37 Embargo: Supreme Court Perpetual Minor Status Of Deity Does Not Exempt It From Limitation Laws; Condonation Requires 'Sufficient Cause': Orissa High Court State Cannot 'Approbate And Reprobate' Bravery: MP High Court Mandates Out-Of-Turn Promotion For Cop Who Rescued Truck From 200-Foot Gorge Drugs Controller Can Regulate Misleading Discount Boards In Medical Shops; Right To Business Not A Shield For Deception: Kerala High Court Courts Cannot Direct Parliament To Adopt Rotational Reservation For Assembly Seats; Section 9(1)(c) Delimitation Act Valid: Allahabad High Court Official To Pay Rs 20,000 Costs From Own Pocket: Andhra Pradesh High Court Holds Municipal Commissioner Liable For Failing To Take Court Orders To 'Logical End' IPC Sections 406 & 420 Cannot Co-exist On Same Set Of Facts; Substantial Compliance Enough For Section 156(3) CrPC Affidavit: Kerala High Court Family Courts Duty-Bound To Declare Marital Status In Mutual Consent Muslim Divorces Even If Wife Admits Divorce: Gujarat High Court Allottee’s Right To Interest For Delayed Possession Under Section 18 RERA Is Absolute; Not Fettered By Section 55 Contract Act: Bombay High Court Sentencing Not A Purely Retributive Exercise Divorced From Factual Matrix: Supreme Court Reduces Jail Term Of Man Who Forged Bail Documents

"QUASHING" Digest

Criminal Law – Quashing of FIR and Charge-sheet – Alleged Derogatory Remarks on Assamese Women – Statement in YouTube interview alleging existence of a village in Assam where girls practice black magic and convert men into animals – FIR registered under Sections 196(1), 197(1), 353(2) BNS read with Section 67 IT Act and Section 4 of Assam Witch Hunting Act – Investiga...

Criminal Law – Proclamation Proceedings – Non-compliance of Section 82 Cr.P.C. – Petitioner declared proclaimed person without strict adherence to mandatory statutory requirements – Record did not reflect proper public reading of proclamation nor recording of judicial satisfaction regarding absconding or concealment – Mechanical exercise of jurisdiction vitiates procl...

Criminal Law – Discharge – Section 239 CrPC – Scope of consideration – Magistrate required to examine final report and documents forwarded under Section 173 CrPC – Where documents collected during investigation itself establish full repayment of loan prior to filing of charge sheet – Non-consideration of such material renders charge groundless – Revisional...

Criminal Law – Quashing – Commercial Transaction – Alleged Non-Payment of Dues – Petitioner sought quashing of proceeding under Sections 406/420 IPC arising out of business dealings relating to supply of poultry feed – Admitted long-standing commercial relationship since 2012 with regular payments – Dispute arose over alleged outstanding of Rs. 40 lakhs – ...

Criminal Law – Quashing of Proceedings – Abuse of Process – RWA Dispute – FIR lodged by resident against elected office bearers of Resident Welfare Association alleging extortion, intimidation and harassment over parking regulations – Allegations stemmed from enforcement of society resolution regarding parking discipline – Held: Criminal proceedings initiated to...

Criminal Law – Quashing of Proceedings – Abuse of Process – Loan Recovery Dispute – Public Servant Acting in Official Capacity – FIR and charge-sheet alleged house trespass, criminal force, insult to modesty and intimidation against senior official of West Bengal Financial Corporation during visit for loan recovery – Materials revealed visit was pursuant to offi...

Criminal Law - Quashing of Proceedings – Section 482 CrPC – Wrong Quotation of Penal Provisions – Petitioner, a Director of company, sought quashing contending offences under Sections 415, 420, 472, 477A, 378 and 379 IPC not attracted – Held: Mere misquoting of penal provisions by investigating agency does not warrant quashing – Trial Court empowered to frame appropri...

Criminal Procedure – Inherent Powers of High Court – Quashing of FIR – Petition under Section 482 Cr.P.C. seeking quashing of FIR registered for offences under Sections 406 and 409 IPC – Allegations relating to misappropriation and non-return of official hospital admission records – Held: FIR discloses prima facie commission of cognizable offence – No ground mad...

Companies Act – Financial Statements – Non-disclosure of Specified Bank Notes – Criminal Prosecution – Quashing – Complaint under Sections 129/448 Companies Act filed against Director alone without impleading company – Held: Company is principal offender – Proceedings against director alone not maintainable [Paras 48–56].   Criminal Law &n...

Criminal Law – Criminal Intimidation – Section 506 IPC – Essential Ingredients – Intention to Cause Alarm – Mere use of threatening words without intention to cause alarm does not constitute offence of criminal intimidation – Prosecution must prima facie establish intention to cause alarm irrespective of actual alarm caused – Vague and general allegations ...