Defamation – Public Speech During Election Rally – Petitioner, a sitting MLA, made defamatory remarks during a post-election rally against the respondent, alleging association with a criminal gang and questioning his religious authenticity – Respondent contended that the statements harmed his reputation, leading to the filing of a private complaint – Magistrate took cogniza...
Quashing of FIR – Section 17A of Prevention of Corruption Act – Prior Approval Mandatory - The petitioners, a Circle Inspector and an Assistant Sub-Inspector, sought to quash an FIR registered against them for demanding illegal gratification. The High Court held that under Section 17A of the Prevention of Corruption Act, prior approval from the competent authority is mandatory before i...
Criminal Law – Quashing of Charges – Proceedings under SC/ST Act – Compromise between Parties – Application under Section 482 Cr.P.C. filed to quash the charge sheet and entire proceedings of S.T. No.130 of 2022 under Sections 504, 506, 323 IPC and Sections 3(1)(da), 3(1)(dha) of SC/ST Act – Case based on a compromise between the parties – Opposite party no. 2, ...
Criminal Law – Abetment of Suicide – Section 306 IPC – Insufficient Evidence for Abetment – The appellants, senior officers of Hindustan Lever Ltd., were accused of harassing the deceased, Rajeev Jain, by coercing him into accepting a voluntary retirement scheme. The deceased allegedly committed suicide following a meeting where he was humiliated. The Supreme Court held tha...
Criminal Law – Quashing - Forgery and Cheating – Non-compliance with mandatory provisions – Section 156(3) of CrPC – Quashing of Proceedings - Petitioners challenged the criminal proceedings initiated under Sections 420, 465, 467, 468, 469, and 471 of the IPC, arguing non-compliance with Sections 154(1) and 154(3) of the CrPC during the filing of the complaint under Section...
Constitutional Law – Validity of Legislation – Khalsa University (Repeal) Act, 2017 – Challenge to the repeal of Khalsa University established under the 2016 Act – Appellant argued the repeal act was discriminatory, arbitrary, and violated Article 14 of the Constitution – Respondent State of Punjab justified repeal, citing protection of the heritage character of Khals...
Constitutional Law – Validity of Legislation – Khalsa University (Repeal) Act, 2017 – Challenge to the repeal of Khalsa University established under the 2016 Act – Appellant argued the repeal act was discriminatory, arbitrary, and violated Article 14 of the Constitution – Respondent State of Punjab justified repeal, citing protection of the heritage character of Khals...
Juvenile Justice Act – Section 23 – Allegation of Willful Neglect – Prosecution Quashed – The petitioners were accused of willfully neglecting their 3-year-old child by involving the child in a 59-day protest under the scorching sun, which led to the registration of an FIR under Section 23 of the Juvenile Justice Act, 2000 – The key issue was whether the parents' ...
Criminal Law - Quashing of FIR – Misappropriation of Funds – Section 482 CrPC – Petition Dismissed – Petitioners, office bearers of the Karnataka State Bar Council, sought quashing of an FIR registered under various sections of the IPC alleging misappropriation of funds in organizing a State Level Advocates' Conference – Held: The petitioners failed to provide uni...
Criminal Law – Quashing of FIR – Petitioner sought quashing of FIR lodged under Sections 341/323/427/506/34 of the IPC – The FIR was filed by the opposite party alleging mental and physical torture by the petitioners – Trial court had submitted charge sheet – On examination of case diary, it was found that a prima facie case was established against the petitioners &nd...