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 Ban Junk Food Within 50 Metres Of Schools: Rajasthan High Court Takes Suo Moto Cognizance To Enforce FSSAI Norms, Protect Children From Obesity

"QUASHING" Digest

Section 304-A IPC – Death by Negligence – Compromise – Quashing Impermissible – FIR registered regarding death of two workmen in factory accident – Petitioners sought quashing on basis of compromise with complainant and payment of compensation – Held: Offence under Section 304-A IPC is not a private dispute but a crime against society – Primary victim bein...

Criminal Law – Quashing - Cheating – Commercial Transactions – Quashing of Criminal Proceedings – Managing Director of company summoned under Section 420 IPC for alleged non-payment of dues for goods supplied – Respondent had already filed civil suit for recovery which was decreed – Criminal complaint filed belatedly after three years – Held: Dispute essen...

Criminal Law – Quashing of FIR – Matrimonial Dispute – Allegations under Sections 498A, 406 IPC and Section 4 Dowry Prohibition Act – Husband sought quashing alleging FIR as counterblast to divorce petition – Court reiterated limited scope of inherent jurisdiction – At quashing stage no mini-trial permissible – Where allegations taken at face value disclos...

Petitioner sought quashing of FIR alleging forgery and tampering of complainant’s ACR to obstruct promotion to IFS – Held: As per Bhajan Lal principles, FIR can be quashed only where allegations do not disclose any offence or are absurd on face of record – Defence pleas and disputed questions of fact cannot be examined at this stage – Prima facie material including statemen...

Criminal Law – Defamation – Section 199 Cr.P.C. – “Person aggrieved” – Complaint filed by Bharatiya Janata Party represented by State Secretary – Authorization issued by President of State Unit – No material to show authorization by National Party – Held, complaint not instituted by competent person representing alleged aggrieved entity –...

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 – 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 – 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...