Dowry Case | In the absence of specific allegations, mere naming of distant relatives cannot justify prosecution: MP High Court Non-Commencement of Activities Alone Not a Ground for Refusal: Calcutta High Court at Calcutta Affirms Trust Registration, Stating Granting Shifting Permissions is a Quasi-Judicial Act: Delhi High Court Quashes Disciplinary Charges Against MCA Official Jurisdiction Does Not Preclude Transfer to Competent Family Courts: Rules Kerala High Court Madras High Court Acquits Two, Reduces Sentence of Main Accused: Single Injury Does Not Prove Intent to Murder Financial Creditors Retain Right to Pursue Personal Guarantors Post-Resolution Plan: Punjab & Haryana High Court Proper Notice and Enquiry are the Bedrock of Just Administrative Actions: Rajasthan High Court Calcutta High Court Sets Aside Discharge Order in Madan Tamang Murder Case, Orders Trial for Bimal Gurung Review Cannot be Treated Like an Appeal in Disguise: Madhya Pradesh High Court Dismisses Tax Review Petition Delhi High Court Orders Interest Payment on Delayed Tax Refunds: ‘Refund Delays Cannot Be Justified by Legal Issues’” Freedom of Press Does Not Exempt Legal Consequences: Kerala High Court Quashes Proceedings Against Journalists in Jail Sting Operation Highest Bidder Has No Vested Right”: Rajasthan High Court Upholds Rejection of SEZ Plot Allotment Indefeasible Right to Bail Arises When Investigation Exceeds Statutory Period: Punjab & Haryana HC Sets Aside Extension Orders in NDPS Case Higher Qualifications Can't Override Prescribed Standards, But Service Deserves Pension: Punjab & Haryana High Court A Mere Breach of Promise Does Not Constitute Criminal Breach of Trust Under Section 406 IPC: Rajasthan High Court Madras High Court Overturns Order Denying IDA Increments, Citing Unfair Settlement Exclusion No Premeditated Intention to Kill: Kerala High Court Reduces Murder Convictions in Football Clash Case Landlord Need Not Be Owner to Seek Eviction: Court Upholds Broad Definition of Landlord under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 Delhi High Court Sets Aside Status Quo on Property, Initiates Contempt Proceedings for False Pleadings and Suppression of Facts Calcutta High Court Rules Deceased Driver Qualifies as Third Party, Overrides Policy Limitations for Just Compensation A Litigant Who Pollutes the Stream of Justice Is Not Entitled to Any Relief: Rajasthan High Court Cancels Bail in Murder Case Due to Suppression of Evidence Punjab and Haryana High Court Awards Compensation in Illegal Termination Case, Affirms Forest Department as an 'Industry' Suspicion Cannot Replace Proof: Madras High Court Acquits Man in Double Murder Case Kerala High Court Quashes Criminal Proceedings in Loan Repayment Dispute: Manifestly Attended with Mala Fide Intentions Systematic Instruction Essential for ‘Education’ Tax Exemption: Delhi High Court Intent to Deceive Constitutes Forgery: High Court of Calcutta Dismisses Quashing Petition in Fraudulent Property Inclusion Case

"QUASHING" Digest

Criminal Law - Quashing of Charge Sheet - Revisional application under Sections 401 and 482 CrPC - Allegation of inducing cohabitation under false promise of marriage - Petitioner accused of deceiving married woman into sexual relations by promising marriage upon securing employment - Charge sheet filed for offenses under Sections 417 and 376 IPC - High Court reviewed submissions, evidence, and pr...

Quashing of NBW Sought by Petitioner – Alleged involvement in bribery to influence a CBI case – Petitioner's repeated absence and failure to comply with court directives – Non-Bailable Warrants (NBW) issued – Petitioner’s application under Section 482 Cr.P.C. seeking quashing of NBW and related proceedings [Paras 1, 9-14, 20-38].   Quashing of Non-Baila...

Criminal Procedure Code, 1973 (Cr.P.C.) – Section 482 – Quashing of Proceedings – Petition for quashing of criminal complaint under the SC/ST Act and IPC sections due to compromise between parties – Settlement reached out of court with no coercion or undue influence – Emphasis on the legal system’s goal to reconcile social conflicts and minimize adverse societal...

Quashment of FIR – Petitioner seeks quashment of FIR and consequential proceedings related to alleged harassment for dowry – Allegations include harassment for dowry and cruelty – FIR registered under Sections 498(A), 506, 34 of IPC and Section 4 of Dowry Prohibition Act. Allegations against petitioner – Petitioner’s son married complainant as per Hindu rituals &nd...

Criminal Proceedings – Compromise and Quashing of FIR – Application for quashing of FIR based on compromise between accused and aggrieved persons – FIR related to various IPC sections including 388, 389, 411, 170, 171, 120-B – Petitioners seeking quashing of FIR and consequential proceedings post-compromise. [Para 1-3, 12-13]   Judicial Analysis – Examinati...

Limitation Period – Bar of Limitation Applicable to Criminal Complaints – Complaint filed for offences under the Insecticides Act, 1968, challenged for being barred by limitation under Section 468 Cr.P.C. – Accused argued that the complaint, filed after over 5 years from the date of the Public Analyst's report, exceeded the three-year limitation period for offences punishable...

Criminal Writ Petition – Quashment of interception orders under the Indian Telegraph Act 1885 – Violation of right to privacy – Compliance with Article 19 and 21 of the Indian Constitution – Lack of sufficient reasoning and procedural safeguards. (Para 1) Provisions of Section 5(2) of the Indian Telegraph Act – Requirement for occurrences of public emergency or int...

Criminal Law - Quashing of FIR - Parameters: The Court reiterated the parameters for quashing an FIR, as established in State of Haryana v. Bhajan Lal, including scenarios where the allegations do not constitute an offense, the allegations are absurd, and the proceedings are manifestly attended with malice. Facts - Allegations - Investigation: The appellant challenged an order of the High Court...

Appeal allowed - FIR quashed against appellant - No specific allegations against appellant in FIR - Allegations vague - No particular role attributed to appellant - Delay in lodging FIR - Possibility of personal grudge or vengeance - Observations limited to this case - No impact on other pending proceedings. Legal Principles - The Court may quash criminal proceedings if the FIR is vague, lacks ...

Facts - Police investigation in the present case recorded statements of Mr. Tanveer Khan and Mr. Nirmal Paul, witnesses mentioned by Respondent No.2 in her FIR. The witnesses did not support Respondent No.2's allegations. - Respondent No.2 falsely claimed that the company, Max Life Insurance, did not take cognizance of her complaints, even though an inquiry was conducted into them. - The...