Stationary Vehicle Parked At Night Without Warning Signs Poses Evident Hazard; SC Refuses To Reduce Compensation For CA Student’s Death Motor Accident Claims: 100% Loss Of Earning Capacity To Be Considered If Amputation Prevents Manual Worker From Pursuing Sole Avocation: Supreme Court Substantive Amendments Rendering Land Transfers 'Void' Are Prospective; Cannot Invalidate Decades-Old Sale Deeds: Supreme Court Registered Sale Deed Carries Formidable Presumption Of Genuineness; Minor Witness Discrepancies Cannot Invalidate Decades-Old Document: Supreme Court Mere Breach Of Sale Agreement Not Cheating Unless Dishonest Intent Existed From Inception: Telangana High Court Mining Lease Applications For First Schedule Minerals Deemed 'Disposed Of' Once Recommended & Approved Prior To 2015: Supreme Court Prolonged Incarceration Under NDPS Act Militates Against Article 21; Conditional Liberty Must Override Section 37 Embargo: Supreme Court Perpetual Minor Status Of Deity Does Not Exempt It From Limitation Laws; Condonation Requires 'Sufficient Cause': Orissa High Court State Cannot 'Approbate And Reprobate' Bravery: MP High Court Mandates Out-Of-Turn Promotion For Cop Who Rescued Truck From 200-Foot Gorge Drugs Controller Can Regulate Misleading Discount Boards In Medical Shops; Right To Business Not A Shield For Deception: Kerala High Court Courts Cannot Direct Parliament To Adopt Rotational Reservation For Assembly Seats; Section 9(1)(c) Delimitation Act Valid: Allahabad High Court Official To Pay Rs 20,000 Costs From Own Pocket: Andhra Pradesh High Court Holds Municipal Commissioner Liable For Failing To Take Court Orders To 'Logical End' IPC Sections 406 & 420 Cannot Co-exist On Same Set Of Facts; Substantial Compliance Enough For Section 156(3) CrPC Affidavit: Kerala High Court Family Courts Duty-Bound To Declare Marital Status In Mutual Consent Muslim Divorces Even If Wife Admits Divorce: Gujarat High Court Allottee’s Right To Interest For Delayed Possession Under Section 18 RERA Is Absolute; Not Fettered By Section 55 Contract Act: Bombay High Court Sentencing Not A Purely Retributive Exercise Divorced From Factual Matrix: Supreme Court Reduces Jail Term Of Man Who Forged Bail Documents

"QUASHING" Digest

Criminal Law - Quashing of proceedings - Bharatiya Nyaya Sanhita 2023 - Sections 189(3) 223 126(2) and 293 - Petitioners assembled with flags to celebrate the 100th anniversary of their association and Vijayadasami festival - Prosecution alleged gathering caused public hindrance and transport disturbance - Charge sheet filed within nine days of complaint by Village Administrative Officer - Prosecu...

Criminal Law - Quashing of Proceedings - Indian Penal Code 1860 - Section 153 - Wantonly giving provocation with intent to cause riot - Petitioners A1 and A2 sought to quash FIR registered for circulating false social media post claiming de facto complainant son was arrested with 60kg Ganja - Petitioners contended no provocation to cause rioting was established - High Court observed Section 153 IP...

Matrimonial Law - Protection of Women from Domestic Violence Act 2006 - Section 3 - Quashing of Proceedings - Specific Allegations - Petitioner mother-in-law and father-in-law allegedly demanded articles during Pongal - Sisters-in-law allegedly taunted respondent and encouraged husband's unruly behavior and liquor consumption - Held - While dealing with an application to quash the Court must c...

Central Excise – Criminal Prosecution – Quashing – CESTAT Order Setting Aside Demand – Petitioner-company was alleged to have cleared goods by making fictitious debit entries in PLA account and fraudulently enhancing credit limit through fictitious TR-6 challans without actual deposit of duty, causing recoverable amount of Rs. 3,32,38,241/- – Criminal complaint filed ...

Criminal Law – Rape – False Promise of Marriage – Consensual Relationship – Appellants accused of establishing physical relations with prosecutrix on false promise of marriage – Prosecutrix, a 24-year-old major, met appellant No. 1 on Instagram, voluntarily visited his house, stayed for 56 days, and continued in the relationship for over a year without protest or insi...

Criminal Law - Jurisdiction - Protection of Women from Domestic Violence Act 2005 - Sections 12 and 27 - Competence of Designated MP/MLA Court - Petitioner a sitting Member of Legislative Assembly challenged the summoning order issued by the Additional Chief Judicial Magistrate at Rouse Avenue Courts Delhi - Contention that PWDV Act proceedings are predominantly civil and should be heard by the re...

Criminal Law – Quashing of FIR – Real Estate Dispute – Civil Dispute Clothed as Criminal Offence – Petitioners accused under Sections 406, 420, 467, 468, 469, 471 and 120-B IPC in connection with a commercial real estate project styled "IT Square" at Plot No. 21, Knowledge Park-III, Greater Noida – Allegations pertaining to non-delivery of possession, non-ex...

Criminal Law - Code of Criminal Procedure 1973 - Section 195 and 340 - Cognizance of offence under IPC Section 417 - Jurisdiction and Procedure - Held - Section 195(1) CrPC provides a bar on cognizance of specific offences relating to public justice and documents given in evidence such as Sections 193 to 196, 199, 200, 205 to 211 and 228 IPC - It has no applicability to offences under Sections 417...

Criminal Law - Quashing of FIR - Prevention of Corruption Act 1988 - Section 7(a) - Code of Criminal Procedure 1973 - Section 482 - Respondent No. 1 a Police Sub-Inspector was accused of directing a complainant to provide illegal gratification to subordinates by stating do something for those boys - High Court quashed the FIR at the nascent stage of investigation on grounds that no direct demand o...

Criminal Law – Quashing under Section 482 CrPC – Vicarious Liability – Designation Alone Insufficient – Applicant prosecuted as Chairman and Managing Director of Wipro in connection with alleged labour law violations at the Lucknow establishment – Security services at the establishment had been outsourced to G4S Secure Solutions India Private Limited under agreement d...