Presumption Of Correctness Of Judicial Records Not Absolute And Can Be Rebutted By Direct Evidence: Kerala High Court on Married Daughter Cannot Challenge Partition After 21-Year Slumber If She Had Knowledge: Madhya Pradesh High Court Kerala High Court Orders Immediate Suspension Of Lakshadweep CJM For Allegedly Forging Witness Deposition To Convict Accused Supreme Court Bars Post-Divorce Maintenance Claims When Wife Voluntarily Waived Maintenance In Settlement Agreement Advocate Is An Officer Of Court, Not Mere Agent Of Client: Allahabad High Court Distinguishes Between Active Concealment & Statement In Ignorance, Slaps Cost On Litigants For Misleading Bench Cannot Summon Accused Mechanically On Protest Petition Without Assigning Justifiable Reasons: Andhra Pradesh High Court Increment Not A Bounty: Allahabad High Court Rules Public Holiday Cannot Delay Pay Hike For Teachers Joining Next Working Day Paying Taxes Or Utility Connections Confer No Legal Ownership Over Govt Land': Andhra Pradesh High Court Orders Demolition Of Encroachment 'Cannot Compel Public Authority To Collect Data From Private Bodies': Bombay High Court Quashes CIC Orders Directing SEBI To Procure BSE Records Under RTI Act Section 10 CPC Cannot Stay Previously Instituted Title Suit Pending Subsequent Probate Case; Inherent Powers Under Section 151 Inapplicable When Probate Dismissed: Calcutta High Court Mere Phone Calls Without Transcripts No Ground For Murder Conspiracy: Delhi High Court Clear Violation Of Section 42 NDPS Act': Gujarat High Court Holds Failure To Record Secret Info In Writing Fatal When Police Officer Had Time To Act JK High Court Quashes Criminal Case Against Cop Accused Of Threatening Advocate Over Phone Call Without Prior Sanction Under Section 197 CrPC Custody Unwarranted For Mere Formalities Once Weapon Is Recovered: Kerala High Court Grants Regular Bail In BNS Axe Attack Case Circumstances Of Crime Can Be Assessed During Trial: High Court Upholds Trial Of Minor As Adult Under JJ Act In Murder Case Statutory Deposit Under Order 21 Rule 89 CPC Is A Sine Qua Non; Litigant Cannot Stall Auction Sale By Merely Blaming Counsel: Madras High Court Ban Junk Food Within 50 Metres Of Schools: Rajasthan High Court Takes Suo Moto Cognizance To Enforce FSSAI Norms, Protect Children From Obesity

"QUASHING" Digest

Quashing of FIR – Criminal Proceedings – Effect of Civil Court Findings – Standard of Proof – Held: Findings of Civil Court are not binding on Criminal Court and vice versa – Standard of proof in civil cases (preponderance of probabilities) differs from that in criminal cases (proof beyond reasonable doubt) – No statutory or legal principle that a finding record...

Criminal Law – Religious Conversion – Quashing of FIR – Allegations of mass religious conversions of over 100 persons across 37 Hindu families to Islam through allurement, foreign funding, promises of jobs and housing – FIR registered under multiple sections of IPC, Gujarat Freedom of Religion Act, IT Act and SC/ST Act – Petitioners argued that conversions were volunt...

Criminal Law – Section 498A IPC – Quashing of Proceedings – Absence of Statutory Ingredients – Held: FIR and charge sheet alleged non-cohabitation and emotional neglect after marriage – No allegation of conduct likely to cause suicide or grave injury – No harassment for unlawful demand made out – Allegations insufficient to constitute cruelty under either ...

Criminal Law – Quashing of FIR – Scope of Section 482 CrPC – Principles reiterated from Bhajan Lal case – FIRs and charge-sheets cannot be quashed merely on allegations of mala fides if prima facie material discloses cognizable offence – Mala fides of complainant irrelevant when ingredients of offence exist – High Court rightly observed its jurisdiction under Se...

Criminal Law – Right to Speedy Trial – Article 21 – Unexplained and inordinate delay of over 25 years in completing investigation and commencing trial – Held: Such delay violates the fundamental right to speedy investigation and trial guaranteed under Article 21 – Proceedings pending for decades without sanction or progress amount to abuse of process – Continuat...

Criminal Law – Cheating and Criminal Breach of Trust – Civil Dispute vs. Criminal Offence – Allegation that appellants failed to execute sale deed or refund consideration under agreement for sale – FIR registered under Sections 406 and 420 IPC – Held: Mere breach of contract or failure to return advance money does not constitute cheating or criminal breach of trust un...

Criminal Procedure Code – Section 482 – Inherent Powers – Quashing of FIR – Territorial Jurisdiction – Abuse of Process – Marriage between parties solemnized in India but matrimonial life and alleged offences occurred in Canada—FIR lodged in India by complainant’s father, a Canadian resident and retired police officer, alleging dowry misappropriation...

Criminal Law – Sanction for Prosecution – Section 197 CrPC – PC Act Ss. 13(1)(c), 13(2) – IPC Ss. 409, 468, 471 – Allegation that petitioner misused official position as Secretary, TN Legislative Assembly, and claimed travel allowance for private visit – Petitioner obtained Speaker’s permission and undertook travel; no records of meeting with Secretary Gen...

Quashing of Summoning Order – Delay in Complaint – Vague Allegations – Criminal Proceedings Quashed – Supreme Court quashed proceedings initiated under a private complaint after finding four-year delay in lodging FIR for alleged 2010 incident – Allegations of rape and caste abuse were held to be vague, inconsistent, and unsupported by material evidence – Summoni...

Criminal Procedure Code – Section 482 – Quashing of FIR – Lack of Jurisdiction – Petitioners sought quashing of FIR No.56 dated 18.04.2021 registered under Sections 420, 120-B IPC, Section 7 of the Essential Commodities Act, 1955 and Section 27 of the Drugs and Cosmetics Act, 1940, alleging illegal sale of Remdesivir injections during Covid-19 pandemic – Police conduc...