Dowry Case | In the absence of specific allegations, mere naming of distant relatives cannot justify prosecution: MP High Court Non-Commencement of Activities Alone Not a Ground for Refusal: Calcutta High Court at Calcutta Affirms Trust Registration, Stating Granting Shifting Permissions is a Quasi-Judicial Act: Delhi High Court Quashes Disciplinary Charges Against MCA Official Jurisdiction Does Not Preclude Transfer to Competent Family Courts: Rules Kerala High Court Madras High Court Acquits Two, Reduces Sentence of Main Accused: Single Injury Does Not Prove Intent to Murder Financial Creditors Retain Right to Pursue Personal Guarantors Post-Resolution Plan: Punjab & Haryana High Court Proper Notice and Enquiry are the Bedrock of Just Administrative Actions: Rajasthan High Court Calcutta High Court Sets Aside Discharge Order in Madan Tamang Murder Case, Orders Trial for Bimal Gurung Review Cannot be Treated Like an Appeal in Disguise: Madhya Pradesh High Court Dismisses Tax Review Petition Delhi High Court Orders Interest Payment on Delayed Tax Refunds: ‘Refund Delays Cannot Be Justified by Legal Issues’” Freedom of Press Does Not Exempt Legal Consequences: Kerala High Court Quashes Proceedings Against Journalists in Jail Sting Operation Highest Bidder Has No Vested Right”: Rajasthan High Court Upholds Rejection of SEZ Plot Allotment Indefeasible Right to Bail Arises When Investigation Exceeds Statutory Period: Punjab & Haryana HC Sets Aside Extension Orders in NDPS Case Higher Qualifications Can't Override Prescribed Standards, But Service Deserves Pension: Punjab & Haryana High Court A Mere Breach of Promise Does Not Constitute Criminal Breach of Trust Under Section 406 IPC: Rajasthan High Court Madras High Court Overturns Order Denying IDA Increments, Citing Unfair Settlement Exclusion No Premeditated Intention to Kill: Kerala High Court Reduces Murder Convictions in Football Clash Case Landlord Need Not Be Owner to Seek Eviction: Court Upholds Broad Definition of Landlord under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 Delhi High Court Sets Aside Status Quo on Property, Initiates Contempt Proceedings for False Pleadings and Suppression of Facts Calcutta High Court Rules Deceased Driver Qualifies as Third Party, Overrides Policy Limitations for Just Compensation A Litigant Who Pollutes the Stream of Justice Is Not Entitled to Any Relief: Rajasthan High Court Cancels Bail in Murder Case Due to Suppression of Evidence Punjab and Haryana High Court Awards Compensation in Illegal Termination Case, Affirms Forest Department as an 'Industry' Suspicion Cannot Replace Proof: Madras High Court Acquits Man in Double Murder Case Kerala High Court Quashes Criminal Proceedings in Loan Repayment Dispute: Manifestly Attended with Mala Fide Intentions Systematic Instruction Essential for ‘Education’ Tax Exemption: Delhi High Court Intent to Deceive Constitutes Forgery: High Court of Calcutta Dismisses Quashing Petition in Fraudulent Property Inclusion Case

"QUASHING" Digest

Abetment of Suicide – Revision against charges under Section 305 IPC – Analysis of the legal and factual circumstances surrounding the alleged abetment of suicide by a teacher accused of harassing a student leading to the latter’s suicide – Held – No evidence of specific acts of harassment or intentional inducement by the teacher that could have led the student to com...

Quashing of Order under Section 207 Cr.P.C. - Petitioner sought quashing of order that denied supply of documents listed as 'unrelied upon' by CBI in the seizure memo (D/5) - Supreme Court earlier ordered the provision of materials supplied to the deceased's family to the petitioner - Court findings highlighted that materials provided to the petitioner included all 'relied upon'...

Quashing of Notifications – Land Acquisition – Challenge to the acquisition process under the Land Acquisition Act, 1894 – Petitioners seek quashing of two notifications (Annexures P-1 and P-3) for the acquisition of land for residential development in Sectors 1 and 2, Palwal – High Court upholds the validity of notifications and acquisition process, emphasizing compliance ...

Criminal Law - Quashing of Complaint and Summoning Order – Petition under Section 482 Cr.P.C. by the marketing company and its Regional Manager, challenging the legality of the criminal complaint and subsequent proceedings concerning the sale of allegedly substandard fertilizer - The Punjab and Haryana High Court held that no prima facie case against the marketing company and its Regional Ma...

Criminal Law – Quashing of FIR and Charge-Sheet – Revisional application under Sections 482 and 401 Cr.P.C. – Petitioner’s marriage dissolved by mutual consent under Section 13B of the Hindu Marriage Act, 1955 – Continuation of criminal proceedings under Sections 498A/406 IPC deemed abuse of process – High Court’s inherent powers invoked to prevent miscarr...

Petition under Section 482 Cr.P.C. – Quashing of Criminal Complaint No.67 of 2014 for alleged misbranding under the Insecticides Act – Involvement of M/s Syngenta India Ltd. As the marketing company, not the manufacturer – [Para 1].   Facts of the Case – Inspection of Paramjit Kaur’s premises (sole proprietor of M/s Jagjit Singh & Sons) – Discover...

Quashing of Complaint and Related Proceedings under Section 482 CrPC - Petition filed by the petitioner under Section 482 CrPC seeking quashing of complaint No. COMA/736/2017 pending in the Court of ld. Chief Judicial Magistrate, Ludhiana, under Section 276CC of Income Tax Act, 1961, along with summoning order and framing of charges - Petitioner contends that matter has been settled by the Settlem...

Quashing of Bye-Election Notification – Writ Petition – Challenging validity of Election Commission’s notification for bye-election in Karnal Assembly Constituency – Held: Notification valid – Court finds no infringement of Representation of People’s Act or the Constitution – Writ petition dismissed. [Paras 1-36]   Constitutionality of Bye-Elect...

Criminal Law – Quashing of Charges – Section 482 Cr.P.C. invoked for quashing the charges framed against the petitioners under Sections 498-A and 323 IPC for alleged dowry harassment – Background involves the marriage of non-petitioner No.2 with Suresh Kumar Narania and subsequent accusations of cruelty and dowry harassment by her in-laws and sister-in-law – Charges of 406 ...

Quashing of FIR and Proceedings – FIR No. 46 Dated 11.05.2008 under Section 306/34 IPC – Suicide of Aruna Rani – FIR based on delayed statement of Paramjit Kaur citing harassment by 11 individuals – Suicide note in deceased’s handwriting but no direct evidence of abetment by named individuals – High Court finds no proximate link or clear mens rea for abetment &n...