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 – Quashing of FIR - Public Servant – Engagement in Private Consultancy – No Legal Prohibition – Prosecution Quashed – The petitioner, employed with a government enterprise, was charged under Section 168 IPC for allegedly working as a private consultant for PF & ESI matters – The Court held that Standing Orders applicable to the petitioner do not...

Quashing of Charges – Discharge of Private Vendor – Sections 120-B, 420, 471 IPC and Section 13(2) r/w 13(1)(d) of PC Act – Discharge Allowed – Applicants sought quashing of orders rejecting discharge and framing charges alleging criminal conspiracy and wrongful gain in award of HMIS project under NRHM – Court held that applicants, being private vendors, completed the...

Criminal Law - Quashing of Criminal Proceedings – Matrimonial Dispute – Settlement Recognized – FIR Quashed - Petition filed for quashing of FIR No. 323/2022 under Sections 323/354/34 IPC on the basis of amicable settlement between husband and wife – Allegations included physical assault, molestation, and threats – The parties executed a settlement deed dated 24.04.20...

Criminal Law – Quashing 0f FIR - Peaceful Protest – Democratic Dissent – FIR Quashed – Petitioners participated in a non-violent protest against the administrative shift of water distribution meeting venue concerning Jawai Bandh – Held: There was no evidence of violence, incitement, damage to property, or threat to public order – The protest was a legitimate exe...

Criminal Law – Quashing of FIR - Gangsters Act – Procedural Non-compliance – FIR Quashed – Sections 2(b)(i), 3 of the Gangsters Act – Petitioners sought quashing of FIR based on gang chart prepared without recording proper satisfaction by competent authorities – Held: The District Magistrate failed to conduct a valid joint meeting and merely approved the proposa...

Criminal Law – Quashing of ECIR – Section 3 and 4 of the PMLA – Petition Dismissed – The petitioner, a well-known actor, filed a petition seeking quashing of ECIR dated 08/08/2021 and second supplementary complaint dated 17/08/2022 under Sections 3 and 4 of the Prevention of Money Laundering Act, 2002, alleging that she was not named in the predicate offence FIR, had been m...

Criminal Law -- Quashing – Section 168 IPC – Public Servant Engaging in Trade – Final Report Quashed – The petitioner, a public servant employed with Andrew Yule & Company Ltd., was charged under Section 168 IPC for allegedly working as a private PF & ESI consultant to various companies including Adyar Ananda Bhavan – Held: The petitioner was governed by certi...

Criminal Law – Quashing of FIR – Appellants, members of a political party, sought quashing of FIR registered under Section 3(1) of the UP Gangsters & Anti-Social Activities (Prevention) Act, 1986 – FIR dated 30th April, 2023, based on a prior incident dated 10th October, 2022, wherein appellants were already booked under IPC Sections 147, 148, 149, 427, 307, 323, 504, 506 and...

Criminal Law – Quashing - Sections 420, 467, 468, 471, and 120B of the IPC - Forgery Allegations – Absence of Material Linking Accused to Document Creation – Quashing Allowed – Petitioner accused of forging landlord’s signature on settlement letter to regain possession of shop post-eviction – Held: No prima facie material showing petitioner authored or procured ...

Criminal Law – Matrimonial Cruelty and Misappropriation – Quashment of Proceedings – Petitioners accused under Sections 498A and 406 r/w Section 34 IPC for allegedly subjecting the de facto complainant (wife of accused No.1) to mental cruelty and misappropriating 63 sovereigns of gold ornaments – Allegations include making derogatory remarks about complainant's appearan...