A Partition Suit Is a Suit for Land: Bombay High Court Rejects Plaint for Want of Clause XII Leave Senior Citizens Act Cannot Be A Shortcut To Reclaim Property Registered In Wife's Name: Bombay High Court Mere Issuance Of Summons Under Section 204 Cr.P.C. Does Not Give Rise To Apprehension Of Arrest – No Anticipatory Bail: Supreme Court State Cannot Balance Budgets on the Backs of Teachers: Punjab & Haryana High Court Orders Regularization of Contractual School Staff Authorities Cannot Interpret Court Orders On Their Own – Proper Course Was To Seek Clarification: Madras High Court Upholds One Month Civil Imprisonment For Disbursing ₹20 Crores In Violation Of Interim Order Seizure Under Legal Process Is Not A Blanket Immunity: Gauhati High Court Holds Railways Must Prove ‘Reasonable Foresight and Care’ Under Section 93 Income Tax Act | Faceless Assessment Cannot Become Opportunity-Less Assessment: Andhra Pradesh High Court Order XXXVII CPC | Procedure Cannot Eclipse Substantive Justice: Delhi High Court Revives Commercial Recovery Suit Dismissed for Want of Statement of Truth Mens Rea Is Sine Qua Non Under Section 2 Of The Prevention Of Insults To National Honour Act — Without Intention, There Is No Offence: Karnataka High Court Tribunal Cannot Sit In Appeal Over A Departmental Enquiry: Bombay High Court Restores Compulsory Retirement Of University Engineer Married Man’s Promise to Marry is ‘Deceit from Inception’ : Allahabad High Court Refuses to Quash Rape Case

"QUASHING" Digest

Criminal Law - Dowry Demand – Quashing of FIR – Sections 3 & 4 Dowry Prohibition Act – High Court’s Finding of “Vague and Omnibus” Allegations Set Aside – The appellants lodged FIR alleging specific dowry demands by the in-laws of the prospective bridegroom, including Rs. 10 lakh, a vehicle, and cash with articles on tilak ceremony—Marriage negot...

Matrimonial Dispute – Quashing of Criminal Proceedings – Sections 323, 406, 498-A, 506 IPC – Section 482 CrPC – Appeal Allowed – Appellants (husband and in-laws) sought quashing of FIR No.67/2019 alleging cruelty, assault, breach of trust, and intimidation – Parties divorced by mutual consent on 19.01.2024; all claims settled; complainant stated no objection to ...

Criminal Law - Quashing of Proceedings – Section 498A IPC – Petition Dismissed – Petitioner sought quashing of GR Case No. 1569 of 2023 arising from complaint by wife alleging physical and mental cruelty—FIR contained no dowry demand but alleged assault and neglect—Court held that FIR is not required to detail every incident; absence of wife’s presence in procee...

Criminal Law – Quashing of FIR – Sections 143, 149, 188, 268 IPC – FIR Quashed - The FIR filed against a sitting MLA accused of participating in a protest without permission was found to be vague and lacking necessary ingredients of the alleged offences – The protest, even if held without police permission, did not constitute an offence under Section 141 IPC – No alle...

Criminal Law - Quashing of Criminal Proceedings – Civil Dispute Dressed as Criminal Offence – Sections 406, 420, 467, 468, 469, 120B IPC – Quashing Allowed – The petitioners challenged the criminal proceedings initiated under multiple penal provisions arising out of allegations of cheating and forgery in respect of a loan transaction secured by pledge of shares – The ...

Criminal Law - Quashing of FIR – Abetment of Suicide – Scope of Section 306 IPC – FIR Quashed – Petitioners challenged the registration of FIR under Section 306 read with 34 IPC based on an alleged verbal altercation with the deceased Savitri Devi – Court noted that even taking the prosecution’s case at face value, there was no proximate or direct instigation or...

Criminal Law – Quashing – Section 419, 420, 467,468,471 of the IPC - Criminal Complaint – Allegation of Forged Will – Quashing Justified – Civil Dispute Given Criminal Colour – Appellants, daughters-in-law of the deceased, inherited estate via a will dated 23.12.1993 – Sale deed was executed by one son after the testator’s death – Complainant f...

Criminal Appeal – Quashing of FIR – Alleged cheating and breach of trust arising out of property transaction – FIR Quashed – The appellants challenged the registration of FIR and cognizance taken under Sections 406, 420, and 120B IPC in relation to a 2015 Agreement to Sell and GPA regarding land in Bhoopasandra Village, Bengaluru – The Court found that the dispute was...

Criminal Law – Quashing of FIR – Fraudulent Land Transaction – Quashing Rejected – Accused Nos. 1 and 2 sought quashing of FIR registered under Sections 419, 420, 465, 467, 468, 471, 34 IPC – Allegations indicated creation of forged death certificates, fake Aadhar identity, manipulation of land records, and sale of land belonging to a deceased person’s heirs &nd...

Criminal Law – Quashing of FIR – Section 156(3) Cr.P.C. – Quashing Denied – Petitioners sought quashing of FIR No. 380/2005 alleging inducement and breach of MoU by respondents – Magistrate ordered registration of FIR without prior complaint to police – High Court declined to quash FIR noting completion of investigation and filing of chargesheet – Supreme ...