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 – Section 528 BNSS – Scope – Applicants sought quashing of charge-sheet and proceedings for offences under Section 69 BNS and Sections 3/4 POCSO Act on plea of consensual relationship and false implication – High Court held that at the stage of consideration under Section 528 BNSS, only prima facie satisfaction is required and disputed question...

Public Servant – Quasi-Judicial Functions – Criminal Prosecution – Protection under Judges (Protection) Act, 1985 – Executive Officer of Municipal Corporation passed an order staying mutation proceedings pending decision of civil title suit – Allegation of collusion and conspiracy in passing stay order – Held: Passing of stay order was in discharge of quasi-judi...

Criminal Law – Quashing of FIR and Cognizance Order – Article 226 Constitution of India – Maintainability – Petitioner sought quashing of FIR, charge-sheet and cognizance order alleging dispute to be purely civil arising out of partnership agreements – During pendency of writ petition, investigation completed, charge-sheet filed and cognizance taken by Magistrate &nda...

Criminal Law – Section 482 CrPC – Quashing of Proceedings – Mechanical Cognizance on Protest Complaint – Magistrate took cognizance of offences under Sections 420, 468, 471 r/w 34 IPC on a protest complaint after police filed refer report finding allegations false – Order merely recorded “prima facie case made out” without reasons – No discussion of ...

Criminal Law – Section 319 Cr.P.C. – Power to Array Additional Accused – Degree of Satisfaction – Power under Section 319 Cr.P.C. is extraordinary and cannot be exercised mechanically – Degree of satisfaction required is the same as that required for framing of charge – Mere existence of some evidence is insufficient unless such evidence is strong and cogent &nd...

Criminal Law – Quashing - Proclaimed Person – Section 82 Cr.P.C. – Mandatory Compliance – No person can be declared a proclaimed offender/person unless the procedure prescribed under Section 82 Cr.P.C. is strictly and meticulously followed – Provisions of Section 82 are mandatory in nature and any non-compliance vitiates the entire proclamation proceedings [Paras 5, 6...

Criminal Law – Quashing Of FIRs - Mines and Minerals – Illegal Mining – FIR by Police – Cognizable Offence – Scope of Section 21(6) MMDR Act – Section 21(6) expressly declares offences under Section 21(1) to be cognizable notwithstanding Cr.P.C. – Police are competent to register FIRs and conduct investigation for offences under MMDR Act – Section 22...

Criminal Law – Quashing -  Proclaimed Person – Mandatory Compliance of Section 82 CrPC / Section 84 BNSS – Mechanical Declaration Set Aside – Trial Court declared the petitioner a proclaimed person on the basis of alleged execution of warrants through family members and unexecuted non-bailable warrants – No proper satisfaction recorded that the petitioner had abs...

Criminal Procedure Code – Section 482 – Quashing of Proceedings – Scope and Limits – High Court quashed prosecution holding dispute to be purely civil and relying on prior civil decree upholding settlement deeds – Supreme Court reiterates that inherent powers cannot be used to conduct a mini-trial or evaluate credibility of allegations – At quashing stage, alleg...

Criminal Law – Quashing of FIR – Section 482 Cr.P.C. – Matrimonial Dispute – Allegations arising out of strained marital relationship – FIR lodged after initiation of divorce proceedings – Allegations found to be counterblast and motivated – High Court empowered to prevent abuse of process of law [Paras 5–10, 30].   Rape – Marital Ra...