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 IBC Cannot Be Used As A Backdoor To Defeat Benami Confiscation: Supreme Court Shuts NCLT’s Door On Attachment Challenges No Double Recovery Under Motor Vehicles Act: Supreme Court Restores Deduction Of Compassionate Assistance IBC | Once Debt And Default Are Proved, Section 7 Must Follow: Supreme Court Reverses NCLT And NCLAT In Ecstasy Realty Insolvency Case

"QUASHING" Digest

Criminal Law - Discharge Petition – Absence of FIR Mention Not Ground to Discharge – Petition Dismissed – Petitioner sought discharge citing non-mention of name in FIR and acquittal of co-accused in original trial – Court held that FIR is not an encyclopedia and acquittal of co-accused irrelevant as evidence was not recorded in presence of present petitioner – Charge ...

Criminal Law – Quashing of Cognizance - Custodial Violence Allegation – Police Officers Summoned – Cognizance Quashed - Petitioners, senior police officers, challenged summoning order in a complaint case alleging police excess during a bandh protest in 2014 – Held: Proceedings initiated after an unexplained delay of 10 years, during Model Code of Conduct, are manifestly mal...

Criminal Law - Quashing of Criminal Proceedings – Section 9, 10, 11, 12 & 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 - Lack of Prima Facie Evidence – Case based on CDRs and Transcripts – Quashing Allowed - The petitioners challenged the FIR, charge sheet, and summoning order alleging conspiracy and illegal gratification to obtain a loan from Sy...

Criminal Law – Quashing - Domain Name Dispute – Criminal Charges Quashed – Civil Dispute Mischaracterized – The petitioner was accused of impersonating the Chancellor of Alliance University and fraudulently attempting to take control of the university’s domain name – Held: Allegations arise from civil dispute over institutional control post-termination – E...

Criminal Law – Quashing - Breach of Contract vs. Cheating – Civil Dispute Camouflaged as Criminal – FIR and Chargesheet Quashed - Dispute arising from an oral agreement for sale of property held to be purely civil in nature – Allegations did not disclose fraudulent intent at inception or essential ingredients of Sections 420 or 406 IPC – Supreme Court quashed FIR and ...

Criminal Law – Quashing Of FIR - NDPS Act – Absence of Contraband in Forensic Report – FIR Quashed – Petition Allowed - Petitioners were booked under Sections 8/22 & 29 NDPS Act for alleged possession of 3.376 kg of Mephedrone (MD) – FSL reports (both initial and control sample recheck) confirmed the seized substance was a neutral material and did not contain any ...

Criminal Law – Quashing - Disproportionate Assets – Mere Relationship with Principal Accused – No Abetment Made Out – Proceedings Quashed - Petitioner, wife of the principal accused, was arrayed as abettor under Section 109 IPC based on ownership of some assets – Court held that mere spousal relationship or name-lending without evidence of active role or mens rea is n...

Criminal L:aw – Quashing - Negotiable Instruments Act – Director’s Vicarious Liability – Section 141 N.I. Act – Complaint Quashed – Petitioner was arrayed as an accused being one of the directors of the company – Allegations in the complaint only made general averments against the petitioner, whereas specific role and responsibility of managing day-to-day ...

Criminal Law – Quashing - Cruelty under Section 498-A IPC – Taunts, Abuses and Alleged Assaults – Prima Facie Offence Made Out – Petition Dismissed – Wife alleged repeated physical and mental harassment including beatings, sexual violence, and dowry-related abuse – Court held that these allegations, if proven, could attract Section 498-A IPC and require adjudica...

Criminal Law – Quashing - Criminal Breach of Trust and Cheating – Prima Facie Allegations – Petition to Quash FIR Dismissed – The petitioner company had awarded a subcontract under a major irrigation project to a contractor who further sublet to the complainant – Despite knowledge and involvement, petitioners denied privity of contract – Held: Documents show sup...