Failure to Put Dying Declarations to Accused Under Section 313 CrPC Vitiates Trial: Supreme Court Refuses to Interfere in Acquittal in Murder-by-Fire Case Child Witness Cannot Be Treated as a Routine Witness: Supreme Court Criticises Trial Court for Recording Minor’s Testimony Without Competency Assessment Legal Wife Is Entitled To Family Pension — But If Will Is Validly Executed, Other Benefits May Go To Second Wife : Andhra Pradesh High Court Thinking of Adultery from the Point of Criminality Would Be a Retrograde Step: Delhi High Court Quashes Summoning in Post-Joseph Shine Era A Stranger to a Decree Cannot Claim Injury Unless He Shows Adverse Impact: Calcutta High Court Dismisses Challenge to Compromise over Debottar Property Transfer to a Lower Non-Cadre Post Without Consent Amounts to Deputation: Rajasthan High Court Sentence Is Not a Mere Form, But a Tool to Balance Justice and Reformation: Punjab & Haryana High Court Reduces 3-Year Sentence to Time Already Undergone Seized Money Must Circulate, Not Rot in Lockers: Orissa High Court Allows Release of ₹15 Lakh to Accused in Ponzi Scam Mere Issuance of Cheque Does Not Establish Legally Enforceable Debt: Supreme Court Restores Acquittal in Dishonour Case Under Section 138 NI Act Date of Filing Income Tax Return Irrelevant for Assessing Pre-Accident Income: Supreme Court Restores Full Compensation in Fatal Motor Accident Case Sanction Is Mandatory for Prosecution of Public Servant Even While on Deputation: Supreme Court Affirms Protection Under Section 197 CrPC for Government Officers on Deputation Compensation Must Not Lie in Dormancy: Supreme Court Issues Nationwide Directions for Disbursal of ₹1000+ Crores Stuck in MACTs and Labour Courts Irretrievable Breakdown of Marriage Is a Just Ground for Divorce Under Article 142:  Supreme Court Dissolves Marriage After 11 Years of Separation Land Acquisition | Compensation Based on Post-Notification Auction Sales Is Legally Unsustainable:  Supreme Court Slashes Exaggerated Land Value in Outer Ring Road Acquisition Case Promises in Manifesto, Even if Labelled as Freebies, Cannot Be Corrupt Practices – Karnataka High Court Dismisses Election Petition Against CM Siddaramaiah

"QUASHING" Digest

Criminal Law – Petition under Section 482 Cr.P.C. for quashing of defamation charges – Accusations against the petitioners (including the Chief Minister of Delhi) for imputing that BJP had orchestrated deletion of voter names from specific communities – The High Court examined the validity of summoning orders issued by the Magistrate and upheld by the Sessions Court – Court...

Proclaimed Offender – Procedural Compliance – Section 82 Cr.P.C – Petitioner declared as a proclaimed person for not appearing in a case – Petitioner later surrendered before the trial court – Court held that once the accused surrenders and joins proceedings, they can no longer be described as an offender – Proceedings under Section 82 Cr.P.C. fulfilled their pu...

Criminal Procedure – Non-Bailable Warrants – Proclamation of Offender – Petition to quash warrants and proclamation – Criminal Appeal against order declaring petitioner as proclaimed offender – Held, Petitioner, despite being aware of the proceedings and warrants, failed to appear before the trial court – Justification provided for issuance of non-bailable warra...

Negotiable Instruments Act, 1881 – Section 138 and 141 – Quashing of Summons – Liability of Directors – Non-Executive and Independent Directors – Petitioners sought quashing of summoning orders issued under Section 138/141 NI Act, claiming they were Non-Executive and Independent Directors with no role in day-to-day management – High Court reiterated that vicario...

Criminal Law – Quashing of FIR – Compromise in Financial Offences – Petitioners seek quashing of FIR based on compromise for offences under IPC and allegations of GST evasion. Held, offences under special statutes or involving financial and economic well-being of the State cannot be quashed on the basis of a compromise. Investigation may reveal offences under the GST Act, making ...

Criminal Law - Quashing of Complaint – Director and Manager Involvement – Petition under Section 482 CrPC seeking quashing of complaint under Insecticides Act – Petitioners prosecuted as Director and Manager-cum-Godown Incharge of accused company – No specific averments in complaint showing their role in company’s business or quality control – Responsible Office...

Criminal Law - Quashing of FIR under Section 174-A IPC – Petition under Section 482 CrPC – FIR registered after petitioner declared proclaimed person in a Section 138 NI Act case – Petitioner settled the matter with complainant, who withdrew the complaint – Once proceedings under Section 138 NI Act withdrawn, FIR under Section 174-A IPC becomes unsustainable – Petitio...

GST Law - Detention of Goods – Writ Petition – Alleged tax evasion due to minor discrepancy in quantity of copper goods in transit – Invoice and e-way bill showed 10430.7 kg, actual weight 10520 kg – Discrepancy less than 1% – Tax already paid Rs.12,76,717.68 – Claimed evasion Rs.11,000 – Petitioner offered to pay additional tax and penalty – Court f...

Criminal Law - Negotiable Instruments Act, Service of Proclamation - Quashing of FIR and Proceedings - Criminal Miscellaneous Petition against Magistrate's order for the registration of FIR under Section 138 of the Negotiable Instruments Act and the issuance of a proclamation under Section 82 Cr.P.C. - Petitioner contended non-residence in the country at the time notice was served - Held, the ...

Criminal Law – Abetment to Suicide – Sections 34, 306 IPC – Petition to Quash FIR – Alleged abetment by threats in February 2019, suicide in May 2019 – Necessity of proximate and live link between threats and suicide – No evidence of contact or threats post-February 2019 – FIR quashed as no direct or indirect act of instigation proven. [Paras 1-27] &nbs...