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

"QUASHING" Digest

Criminal Law - Quashing of Complaint - Central Goods and Services Tax Act 2017 - Sections 132 and 137 - Petitioner-Director prosecuted individually for fraudulent availment of Input Tax Credit by company M/s NIPL without arraigning the company as an accused - Trial Court entertained complaint against petitioner alone - Petitioner sought quashing on the ground that vicarious liability cannot be fas...

Criminal Law - Quashing of FIR - Indian Penal Code 1860 - Sections 152, 186, 225 - Code of Criminal Procedure 1973 - Section 195 - Criminal Original Petition filed by ten advocates to quash FIR registered against them for obstructing police from producing two arrested advocates before court for remand - High Court Security Committee, after perusing video footage, concluded that action amounted to ...

Criminal Law - Theft of Electricity - Electricity Act 2003 - Section 135 - Quashing of FIR - Petitioner accused of electricity theft despite prior disconnection due to outstanding dues - Inspection report showed meter was running and untampered, with increased readings between alleged disconnection date and raid date - No evidence of meter tampering or dishonest abstraction of electricity by speci...

Criminal Law - Quashing of FIR - Indian Penal Code 1860 - Sections 419, 420, 201, 467, 468, 471, 120B - Inter-sibling property dispute concerning deceased father's estate - FIR No. 92/2020 registered against appellant alleging dishonest dealing with bank accounts and demat assets, impersonation, and fraudulent liquidation of shares - High Court dismissed appellant's petition to quash proce...

Criminal Law - Quashing of criminal proceedings - Bharatiya Nagarik Suraksha Sanhita 2023 - Section 528 - Indian Penal Code 1860 - Section 420 - Motor Vehicles Act 1988 - Sections 80(a) and 177 - Appellant apprehended while driving scooty with rear number plate covered by black mask - Police lodged FIR under Section 420 IPC and Section 80(a) MV Act alleging cheating and avoidance of traffic challa...

Criminal Law - Quashing of Complaint - Code of Criminal Procedure 1973 - Section 482 - Cheating and Vicarious Liability - Petitioners Accused Nos. 2 and 5 being the CEO and manufacturing company of Ducati respectively challenged the issuance of summons in a private complaint alleging offences under Sections 406 420 418 120(b) and 114 IPC - Complainant a retail dealership alleged that they were ind...

Criminal Law - Quashing of FIR - Bharatiya Nagarik Suraksha Sanhita 2023 - Section 528 - Abetment of suicide - Bharatiya Nyaya Sanhita 2023 - Section 108 - Petitioner sought quashing of FIR registered for abetment of suicide of the complainant's son - Complainant alleged that her daughter-in-law had an illicit relationship with the petitioner and the petitioner harassed the deceased to divorce...

Criminal Law - Dishonour of Cheque - Negotiable Instruments Act 1881 - Sections 138 and 141 - Vicarious liability of Director - Quashing of proceedings - Petitioner arraigned solely on account of his designation as a Director of the accused company - Complaint was completely silent regarding the role played by the petitioner in the affairs of the company his participation in the transaction his in...

Criminal Law - Quashing of FIR/Criminal Proceedings - Indian Penal Code 1860 - Sections 406 and 420 - Abuse of Process of Law - Commercial Dispute given Criminal Colour - Appellants (landowners) entered into an unregistered Joint Development Agreement (JDA) with Respondent No.2 (complainant/developer) to develop an unapproved property - Complainant paid Rs.3 crore refundable security deposit and w...

Criminal Law - Quashing of FIR - Indian Penal Code 1860 - Sections 420 467 468 and 471 - Writ petition seeking quashing of FIR - Petitioners allegedly accepted earnest money from informant's sister but executed sale deeds in favour of a third party - Informant's application under Section 156 of CrPC was treated as complaint and dismissed by Magistrate under Section 203 CrPC - Revisional Co...