Stationary Vehicle Parked At Night Without Warning Signs Poses Evident Hazard; SC Refuses To Reduce Compensation For CA Student’s Death Motor Accident Claims: 100% Loss Of Earning Capacity To Be Considered If Amputation Prevents Manual Worker From Pursuing Sole Avocation: Supreme Court Substantive Amendments Rendering Land Transfers 'Void' Are Prospective; Cannot Invalidate Decades-Old Sale Deeds: Supreme Court Registered Sale Deed Carries Formidable Presumption Of Genuineness; Minor Witness Discrepancies Cannot Invalidate Decades-Old Document: Supreme Court Mere Breach Of Sale Agreement Not Cheating Unless Dishonest Intent Existed From Inception: Telangana High Court Mining Lease Applications For First Schedule Minerals Deemed 'Disposed Of' Once Recommended & Approved Prior To 2015: Supreme Court Prolonged Incarceration Under NDPS Act Militates Against Article 21; Conditional Liberty Must Override Section 37 Embargo: Supreme Court Perpetual Minor Status Of Deity Does Not Exempt It From Limitation Laws; Condonation Requires 'Sufficient Cause': Orissa High Court State Cannot 'Approbate And Reprobate' Bravery: MP High Court Mandates Out-Of-Turn Promotion For Cop Who Rescued Truck From 200-Foot Gorge Drugs Controller Can Regulate Misleading Discount Boards In Medical Shops; Right To Business Not A Shield For Deception: Kerala High Court Courts Cannot Direct Parliament To Adopt Rotational Reservation For Assembly Seats; Section 9(1)(c) Delimitation Act Valid: Allahabad High Court Official To Pay Rs 20,000 Costs From Own Pocket: Andhra Pradesh High Court Holds Municipal Commissioner Liable For Failing To Take Court Orders To 'Logical End' IPC Sections 406 & 420 Cannot Co-exist On Same Set Of Facts; Substantial Compliance Enough For Section 156(3) CrPC Affidavit: Kerala High Court Family Courts Duty-Bound To Declare Marital Status In Mutual Consent Muslim Divorces Even If Wife Admits Divorce: Gujarat High Court Allottee’s Right To Interest For Delayed Possession Under Section 18 RERA Is Absolute; Not Fettered By Section 55 Contract Act: Bombay High Court Sentencing Not A Purely Retributive Exercise Divorced From Factual Matrix: Supreme Court Reduces Jail Term Of Man Who Forged Bail Documents

"QUASHING" Digest

Criminal Law - Quashing of Proceedings - Bharatiya Nagarik Suraksha Sanhita 2023 - Section 528 - Inherent powers - Appellants being the husband - mother-in-law - sister-in-law - and brother-in-law of the complainant were arrayed as accused in a complaint case alleging rape of the minor daughter by the father and uncle and physical assault by other relatives - High Court of Allahabad refused to qua...

Criminal Law - Quashing of Proceedings - Code of Criminal Procedure 1973 - Section 482 - Banking Fraud and Settlement - Appellant No 2 was a proprietary firm managed by the elder brother of Appellant No 1 which availed credit facilities from UCO Bank starting in 2006 - Following the death of the elder brother in 2009 Appellant No 1 took over management - Due to financial constraints the account wa...

Criminal Law - Quashing of FIR - Civil Dispute - Abuse of Process - FIR registered after nine years regarding land dispute pending before civil courts - Complainant suppressed earlier complaint and introduced material improvements including allegations of extortion - Held - Criminal process cannot be permitted to become a weapon of harassment in disputes concerning title over immovable property - ...

Negotiable Instruments Act – Section 141 – Vicarious Liability – Office Bearers of Society – Quashing – Appellant finance company advanced Rs. 4,50,00,000/- to M/s Ravindra Bharathi Educational Society in tranches during July 2018 – Promissory notes and MoU executed acknowledging liability at 30% per annum interest – Cheque No. 003109 dated 18.11.2019 for ...

Money Laundering – Quashing of Prosecution Complaint – PMLA – Predicate Offence – Exoneration by CBI – Petitioner company was alleged to have participated in circular trading involving purchase of commodities from QVPL and resale to PVPL on the same date, both companies being controlled by co-accused Manoj Kumar Jain, resulting in discounting of three Letters of Credi...

Quashing of FIR – Criminal Conspiracy – Abuse of Process – Special Public Prosecutor – Petitioners, including advocates and police officers, sought quashing of CR No. 742 of 2024 and CR No. 46 of 2024 registered on complaints of the second respondent alleging forgery of appointment letters of Special Public Prosecutor and a conspiracy to implicate him in false criminal case...

Criminal Law – Criminal Defamation – Section 499 and 500 IPC – Quashing of Summoning Order – No Prima Facie Case – Applicant's daughter died under disputed circumstances; applicant lodged FIR under Sections 304B and 498A IPC against son-in-law and family – Opposite Party No. 2, a doctor of Meerut, filed complaint alleging that a news article published in Dai...

Negotiable Instruments Act – Section 138/141 – Vicarious Liability of Director – Quashing – Inherent Jurisdiction – Cheque bearing No.301731 dated 21.05.2025 for Rs.2.05 Crores issued by Kartarz Alloys Private Limited towards part payment during OTS negotiations for a loan account declared NPA by ICICI Bank Ltd. – Cheque dishonoured – Complaint filed by re...

Criminal Law – Quashing - Proclaimed Person – Section 82 CrPC – Mandatory Requirements – Non-Compliance – Petitioner left India on 03.03.2015 and was thereafter summoned to face trial in a complaint case under Sections 324, 326, 148 and 149 IPC – Service could not be effected – Proclamation issued on 24.08.2016 specifying 01.10.2016 as the date of appearan...

Criminal Law – Criminal Breach of Trust – Section 405 and 406 IPC – Provident Fund Deductions – "Employer" and "Occupier" – Ultimate Control – Petitioners were former General Managers and Branch Manager of Ayurdhara Pharmaceuticals, South Ancheri, a unit of the Kerala State Federation of Scheduled Caste and Scheduled Tribe Development Co-oper...