Section 106 IEA Cannot Fill the Gaps in a Shaky Prosecution Case: Rajasthan High Court Rebukes Investigative Lapses in Murder Trial Accident Claim | Ration Card Cannot Decide a Man’s Age: Punjab & Haryana High Court Forgery in Wife’s Name and Defiance of Court Orders Amount to Contempt: Kerala High Court Limitation | Selectively Active Litigant Cannot Seek Liberal Condonation: Delhi High Court Refuses to Revive 1589 Days’ Delay Mere Unnatural Death Within Seven Months Is Not Dowry Death: Delhi High Court Refuses to Reverse Acquittal in Ruby Hanging Case 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 State Bound By Its Concession; More Meritorious Candidates Cannot Be Denied Appointment: Supreme Court Balances Equity In Rajasthan Grade III Teacher Recruitment Penalty For Delayed Compensation Is The Employer's Personal Fault — Insurance Company Cannot Be Made To Pay For The Employer's Own Default: Supreme Court Bail Cannot Be a Mechanical Exercise in Murder and Atrocities Cases: Supreme Court Cancels Bail Granted on ‘Extraneous Considerations’ Even A Lathi Becomes A Murder Weapon When Repeatedly Aimed At The Head With Bone-Deep Force: Supreme Court Applies The Virsa Singh Test To Demolish The Defence That Lathis Are Not Deadly Weapons Section 149 IPC While Demanding Proof Of Individual Fatal Blow Runs Contrary To The Very Principle Of Vicarious Liability: Supreme Court Statement Under Section 108 Is Substantive Evidence If Voluntary:  Supreme Court Upholds Conviction In Smuggling Case U.P. Anti-Conversion Act Does Not Apply To Interfaith Live-In Relationships Unless Actual Conversion Is Intended: Allahabad High Court Section 480(6) BNSS | If Trial Is Not Concluded Within Sixty Days… Such Person Shall Be Released On Bail: MP High Court Bombay High Court Lifts Stay on Banks’ Fraud Proceedings Against Anil Ambani Preventive Detention Cannot Survive Without Supplying Relied Upon Documents: Karnataka High Court Reasserts Article 22(5) Safeguards Court Subordinate Who Attended Duty Drunk, Abused Advocates & Misbehaved With Judge's Family Gets No Mercy: Andhra Pradesh High Court Upholds Removal From Service XXXVII Rule 3 CPC | Claim Of 24% Interest Without Prima Facie Contract Cannot Be Blindly Accepted In Summary Proceedings : Madras High Court On Summary Suit Defence Re-Testing Under NDPS Act Cannot Be a Tool to Overcome an Adverse Lab Report: J&K High Court Quashes Charge-Sheet After First Report Ruled Out Heroin Shocking And Disturbing That Cows Died Due To Starvation: Kerala High Court Pulls Up Travancore Devaswom Board Over Neglect Of Temple Gosala Promoter Cannot Retain Ownership By Merely Using The Word ‘Lease’: Bombay High Court Upholds Ownership Deemed Conveyance Under MOFA

"QUASHING" Digest

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...

Criminal Law – Quashing of Proceedings – Abuse of Process – Loan Recovery Dispute – Public Servant Acting in Official Capacity – FIR and charge-sheet alleged house trespass, criminal force, insult to modesty and intimidation against senior official of West Bengal Financial Corporation during visit for loan recovery – Materials revealed visit was pursuant to offi...

Criminal Law - Quashing of Proceedings – Section 482 CrPC – Wrong Quotation of Penal Provisions – Petitioner, a Director of company, sought quashing contending offences under Sections 415, 420, 472, 477A, 378 and 379 IPC not attracted – Held: Mere misquoting of penal provisions by investigating agency does not warrant quashing – Trial Court empowered to frame appropri...

Criminal Procedure – Inherent Powers of High Court – Quashing of FIR – Petition under Section 482 Cr.P.C. seeking quashing of FIR registered for offences under Sections 406 and 409 IPC – Allegations relating to misappropriation and non-return of official hospital admission records – Held: FIR discloses prima facie commission of cognizable offence – No ground mad...

Companies Act – Financial Statements – Non-disclosure of Specified Bank Notes – Criminal Prosecution – Quashing – Complaint under Sections 129/448 Companies Act filed against Director alone without impleading company – Held: Company is principal offender – Proceedings against director alone not maintainable [Paras 48–56].   Criminal Law &n...

Criminal Law – Criminal Intimidation – Section 506 IPC – Essential Ingredients – Intention to Cause Alarm – Mere use of threatening words without intention to cause alarm does not constitute offence of criminal intimidation – Prosecution must prima facie establish intention to cause alarm irrespective of actual alarm caused – Vague and general allegations ...

Criminal Proceedings – Quashing under Section 482 Cr.P.C – Allegation of Voyeurism – Section 354C IPC – Ingredients of Offence Not Made Out – Private complaint alleging taking of photograph of complainant while laying clothes for drying – Sworn statement did not disclose that complainant was engaged in a “private act” or that her privacy was violated...

Criminal Law – Section 482 Cr.P.C. – Quashing of Summoning Order – Defamation by Media Telecast – Applicants, Editor, Reporter and Anchor of News18 Punjab, sought quashing of summoning order in complaint alleging defamatory news telecast against an IPS officer – Allegation that applicants projected complainant as receiving illegal money from criminals – Magistra...