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...
Criminal Procedure – Quashing of FIR – Settlement between parties – Petitioner sought quashing of FIR No.654/2021 dated 30.11.2021 under Sections 354D IPC, 1860, and Section 12 of POCSO Act, 2012 – Medical evidence indicating petitioner’s mental health issues – Settlement between parties – Father of the victim consenting to quash the FIR – Medical bo...
Valuation of Shares – Section 56(2)(viib) Income Tax Act – Appellant challenged ITAT’s upholding of AO’s rejection of Discounted Cash Flow (DCF) Method in favor of Net Asset Value (NAV) Method for share valuation – ITAT’s decision questioned regarding its authority to substitute the valuation method – ITAT held DCF Method to be unrealistic, substituting it...
Quashing of Summons and Warrants – Private Limited Company and Directors as Accused – Accused challenge summons and consequential warrants issued for offense under Section 138 of the Negotiable Instruments Act, 1881 – High Court quashes summons and warrants, directs fresh enquiry under Section 202 Cr.P.C. [Para 1-10]
Applicability of Section 202 Cr.P.C. in Negotiable Instrumen...
Quashing of Section 153C Notices – Writ Petitions challenging validity – Notices under Section 153C of the Income Tax Act, 1961 quashed for most petitioners - Held – Notices unsustainable when no incriminating material related to assessment years in question found during search - Section 153C empowers reopening of six assessment years immediately preceding year of search, subject...
Petition for Quashing Award and Directing Consequential Benefits – Dismissed – Workman Status Not Proven – Petitioner sought quashing of the award passed by the Labour Court and consequential benefits. Court found that petitioner failed to prove his status as a ‘workman’ under the Industrial Disputes Act, 1947, and his claim of illegal termination. Discrepancies in pe...
Quashing of FIR and Direction for CBI Investigation – Writ Petition – Allegations of Forgery and Trespass – Petitioner seeks direction to entrust investigation to Central Bureau of Investigation (CBI) – Petitioner alleges repeated threats and inducements by real estate group to widen road adjacent to his property – Suit filed by petitioner pending consideration before...
Misconduct and Disciplinary Action – Petitioner faced charges of unauthorized absence, misbehaviour, and irregularities, leading to suspension and disciplinary action including barring of increments – Original application to KAT challenging the penalty imposed was dismissed. [Paras 2, 3]
Judicial Review of Tribunal's Order – Petitioner sought High Court intervent...
Proclaimed Offender – Quashing of Proclamation Order – Petition under Section 482 Cr.P.C. for quashing of order declaring petitioner as proclaimed person in Negotiable Instruments Act case – Petitioner’s absence at trial led to proclamation – Impugned order set aside due to non-compliance with mandatory conditions of Section 82 (2) Cr.P.C. and lack of recorded satisfa...