State Can’t Block SARFAESI Sale by Late Revenue Entries: Secured Creditor’s Charge Prevails Over Tax Dues: Punjab & Haryana High Court Slams Sub-Registrar’s Refusal Providing SIM Card Without Knowledge of Its Criminal Use Does Not Imply Criminal Conspiracy: P&H High Court Grants Bail in UAPA & Murder Case Importer Who Accepts Enhanced Valuation Cannot Later Contest Confiscation and Penalty for Undervaluation: Madras High Court Upholds Strict Liability under Customs Act "Allegations Are Not Proof: Madras High Court Refuses Divorce Without Substantiated Cruelty or Desertion" When FIR Is Filed After Consulting Political Leaders, the Possibility of Coloured Version Cannot Be Ruled Out: Kerala High Court Mere Allegations of Antecedents Without Conviction Can't Defeat Right to Anticipatory Bail: Kerala High Court Section 106 Of Evidence Act Cannot Be Invoked In Vacuum – Prosecution Must First Lay Foundational Facts: Karnataka High Court Acquits Wife And Co-Accused In Husband’s Murder Case Parity Cannot Be Claimed When Roles Are Different: Karnataka High Court Refuses Bail to Youth Accused of Brutal Killing Injured Wife Would Not Falsely Implicate Her Husband: Gauhati High Court Upholds Conviction in Domestic Stabbing Case Disputed Bids, Missing Evidence and No Prejudice: Delhi High Court Refuses to Intervene in Tender Challenge under Article 226 License Fee on Hoardings is Regulatory, Not Tax; GST Does Not Bar Municipal Levy: Bombay High Court Filing Forged Bank Statement to Mislead Court in Maintenance Case Is Prima Facie Offence Under Section 466 IPC: Allahabad High Court Upholds Summoning Continued Cruelty and Concealment of Infertility Justify Divorce: Chhattisgarh High Court Upholds Divorce Disguising Punishment as Simplicity Is Abuse of Power: Delhi High Court Quashes Dismissals of Civil Defence Volunteers for Being Stigmatic, Not Simpliciter Marriage Cannot Be Perpetuated on Paper When Cohabitation Has Ceased for Decades: Supreme Court Invokes Article 142 to Grant Divorce Despite Wife’s Opposition Ownership of Trucks Does Not Mean Windfall Compensation: Supreme Court Slashes Inflated Motor Accident Award in Absence of Documentary Proof Concealment of Mortgage Is Fraud, Not a Technical Omission: Supreme Court Restores Refund Decree, Slams High Court’s Remand State Reorganization Does Not Automatically Convert Cooperative Societies into Multi-State Entities: Supreme Court Rejects Blanket Interpretation of Section 103 Indian Courts Cannot Invalidate Foreign Arbitral Awards Passed Under Foreign Law: Madhya Pradesh High Court Enforces Texas-Based Award Despite Commercial Court’s Contrary Decree Sudden Quarrel over Mound of Earth — Not Murder but Culpable Homicide: Allahabad High Court Eligibility Flows from Birth, Not a Certificate Date: Delhi High Court Strikes Down Rule Fixing Arbitrary Cut-Off for OBC-NCL Certificates in CAPF (AC) Recruitment Bar Under Order II Rule 2 CPC Cannot Be Invoked Where Specific Performance Was Legally Premature Due To Statutory Impediments: P&H High Court Once a Court Declares a Department an Industry Under Section 2(j), State Cannot Raise the Same Objection Again: Gujarat High Court Slams Repetitive Litigation by Irrigation Department “How Could Cheques Issued in 2020 Be Mentioned in a 2019 Contract?”: Delhi High Court Grants Injunction in Forged MOA Case, Slams Prima Facie Fabrication Calling Wife by Her Caste Name in Public Just Before Suicide is Immediate Cause of Self-Immolation: Madras High Court Upholds Husband’s Conviction Under Section 306 IPC Sole Testimony of Prosecutrix, If Credible, Is Enough to Convict: Delhi High Court Upholds Rape Conviction Cheque Issued as Security Still Attracts Section 138 NI Act If Liability Exists on Date of Presentation: Himachal Pradesh High Court After Admitting Lease, Defendant Cannot Turn Around and Call It Forged—Contradictory Stand at Advanced Trial Stage Impermissible: Punjab & Haryana High Court Dismisses Revision Against Rejection of Amendment Plea Dismissed Employee Has No Right to Leave Encashment Under Statutory Rules: Punjab and Haryana High Court Section 13 of Gambling Act Is Cognizable — Magistrate Can Take Cognizance on Police Report: Allahabad High Court Clarifies

"QUASHING" Digest

Delayed FIR – Impact on Credibility – FIR Quashed - The FIR, filed more than three years after the alleged interview, lacked explanation for delay – Court held that unexplained delays in filing FIRs often lead to embellishment, weakening the authenticity of the allegations – FIR quashed as per Supreme Court’s guidance in Manoj Kumar Sharma v. State of Chhattisgarh, (2...

Criminal Law – Quashing of FIR – Allegations of Cheating, Fraud, and Criminal Conspiracy – FIR Filed Against the Appellant, a Foreign National, and Project Manager of Hyundai Engineering & Construction India LLP – Alleged Non-Payment of Rs. 9 Crores by Subcontractor Entity (YSSS) – Appellant Alleged to Have Connived in Default of Payment – High Court Refused...

Criminal Law – Quashing - Abuse of Process – Multiple FIRs arising from the same incident – Quashing of Police Reports – Allegations of wrongful restraint, injury, and offenses under Sections 354, 354-B, 354-D IPC – FIR No. 20/2024 filed by Ajay Kumar Sareen against Rohit Krishan Bhat alleging assault – FIR No. 24/2024 filed by Ragini Rajput against Ajay Kumar S...

Criminal Law – Abetment of Suicide – Ingredients for Prosecution – Section 306 IPC – Appeal challenging charges for abetment to suicide due to alleged harassment by appellants – Appellants contended lack of proximate cause and intent – Held: The charges under Section 306 IPC require proof of direct or indirect acts of instigation or aiding suicide, coupled with ...

Quashing of Criminal Proceedings – Jurisdiction of Indian Courts – Sections 188 Cr.P.C. and 494 IPC – Proceedings Quashed – The petitioner sought to quash a complaint filed by the respondent through his Power of Attorney alleging offences of bigamy, cheating, and other charges – The Court found that the marriage was solemnized in Maharashtra, and the alleged offences ...

Criminal Law – Cheating and Criminal Conspiracy – Quashing of FIR – Financial Dispute – Abuse of Process – The FIR was registered on the complaint of Avtar Singh, alleging that petitioner Jagsir Singh Dhiman refused to return a sum of ₹9,50,000 arising from a business dispute in agricultural tool manufacturing – Petitioners contended that this was a civil disp...

Criminal Procedure – Quashing of Proceedings – Loan Repayment Dispute – Petitioners sought quashing of criminal proceedings initiated due to a dispute over loan repayment – Accused allegedly criminally trespassed, abused, and threatened the complainant and her husband – Court found the proceedings manifestly attended with mala fide intentions and instituted to wreak v...

Quashing of FIR – Civil Dispute Presented as Criminal Case – Sections 406 and 420 IPC – Petitioner alleged that the FIR registered by the complainant, claiming non-repayment of ₹70,00,000 lent as a loan, is a civil dispute being framed as a criminal offence – Petitioner contended that the FIR does not disclose fraudulent intent or breach of trust and that the complaint is...

Criminal Law – Quashing of Proceedings – Petition under Section 482 Cr.P.C. for quashing of charge sheet – Allegations of fraudulent inclusion of property Dag Nos. in Power of Attorney – Investigating officer collected evidence showing a prima facie case of forgery – FIR disclosed cognizable offence – Court found criminal proceedings not a mere civil dispute but...

Criminal Law – NDPS Act – Quashment of Proceedings – Denied – NDPS Act – Recovery of Contraband – Absence of Mentioned Quantity – Petitioner (A2) sought quashing of proceedings in CC No. 74 of 2023 under Section 482 CrPC – Contraband (10 small packets of Ganja leaves and ₹9,750) was allegedly recovered from the petitioner at the crime scene –...