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 – 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...

FIR Quashing - Section 420, 467, 468, 471 of the IPC – Allegation of Forged Vakalatnama – FIR Quashed – The appellant, an advocate, was accused of forging thumb impressions and signatures in court pleadings to benefit a co-accused in civil disputes – Respondent (Manuben), allegedly impersonated, filed affidavit confirming she and her late sister had lawfully authorized the ...

Criminal Law – Quashing Of Complaint – Section 482 of the Code of Criminal Procedure, 1973 - Property Dispute Among Co-owners – Complaint Quashed – Allegations of cheating, forgery, and conspiracy made by complainant against his co-owner relatives in relation to surrender of tenancy and execution of a memorandum of understanding—Court found dispute to be among family ...

Criminal Law - SC/ST Act – Quashing - Caste-Based Assault Allegation – Conviction Set Aside on Compromise – Trial Court convicted appellants under multiple IPC and SC/ST Act provisions—Allegation of caste abuse and assault over a local altercation—Held: Appellants and de facto complainant now residing in same village peacefully—Court accepted voluntary compromis...

Criminal Law – Quashing of Charges - Criminal Conspiracy – Framing of Charges – Lack of Evidence – Charges Quashed – Petitioners challenged framing of charges under Sections 120-B, 420, 468, and 471 IPC for alleged forgery of donation receipts – High Court found no prima facie evidence showing any dishonest intention or specific role attributed to petitioners &n...

Criminal Law - Juvenile Justice Act – Quashing - Applicability of Section 75 – Actual Charge or Control Requirement – Charge Quashed – The appellant, Chairman of the Managing Committee of a school, was summoned under Section 75 of the JJ Act for failure to install CCTV cameras as per Guidelines issued by the Directorate of Education following an incident of sexual assault o...

Criminal Law – Quashing - POCSO Conviction – Role of High Court under Article 226 r/w Section 482 CrPC – High Court Overreach – High Court’s setting aside of the conviction under the POCSO Act and IPC held unsustainable – Supreme Court observed that the High Court misapplied its inherent powers, as serious offences like those under the POCSO Act cannot be quashe...

Criminal Law - Quashing of Criminal Proceedings – Section 482, Code of Criminal Procedure, 1973 - Allegations under IPC and SC/ST Act – Quashing Partially Allowed – The applicants sought to quash the FIR and proceedings initiated under sections of IPC and the SC/ST Act arising out of alleged cruelty and caste-based abuse following an inter-caste marriage – The Court observe...

Criminal Law - Quashing – Declaration as Proclaimed Person – Procedural Lapses – Petition Allowed – The petitioners challenged their declaration as proclaimed persons under Section 82 Cr.P.C. without proper compliance – Held: The trial court failed to record satisfaction or reasons indicating belief that the petitioners were absconding or concealing themselves –...

Criminal Law – Quashing - Matrimonial Disputes – Abuse of Process – Quashing of Criminal Proceedings – Petition Dismissed – Allegations of dowry harassment and physical assault made by wife were contradicted by her own statements and affidavit filed in related matrimonial proceedings – High Court rightly quashed the proceedings under Section 482 CrPC as an abuse...