Section 106 IEA Cannot Fill the Gaps in a Shaky Prosecution Case: Rajasthan High Court Rebukes Investigative Lapses in Murder Trial Accident Claim | Ration Card Cannot Decide a Man’s Age: Punjab & Haryana High Court Forgery in Wife’s Name and Defiance of Court Orders Amount to Contempt: Kerala High Court Limitation | Selectively Active Litigant Cannot Seek Liberal Condonation: Delhi High Court Refuses to Revive 1589 Days’ Delay Mere Unnatural Death Within Seven Months Is Not Dowry Death: Delhi High Court Refuses to Reverse Acquittal in Ruby Hanging Case 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 State Bound By Its Concession; More Meritorious Candidates Cannot Be Denied Appointment: Supreme Court Balances Equity In Rajasthan Grade III Teacher Recruitment Penalty For Delayed Compensation Is The Employer's Personal Fault — Insurance Company Cannot Be Made To Pay For The Employer's Own Default: Supreme Court Bail Cannot Be a Mechanical Exercise in Murder and Atrocities Cases: Supreme Court Cancels Bail Granted on ‘Extraneous Considerations’ Even A Lathi Becomes A Murder Weapon When Repeatedly Aimed At The Head With Bone-Deep Force: Supreme Court Applies The Virsa Singh Test To Demolish The Defence That Lathis Are Not Deadly Weapons Section 149 IPC While Demanding Proof Of Individual Fatal Blow Runs Contrary To The Very Principle Of Vicarious Liability: Supreme Court Statement Under Section 108 Is Substantive Evidence If Voluntary:  Supreme Court Upholds Conviction In Smuggling Case U.P. Anti-Conversion Act Does Not Apply To Interfaith Live-In Relationships Unless Actual Conversion Is Intended: Allahabad High Court Section 480(6) BNSS | If Trial Is Not Concluded Within Sixty Days… Such Person Shall Be Released On Bail: MP High Court Bombay High Court Lifts Stay on Banks’ Fraud Proceedings Against Anil Ambani Preventive Detention Cannot Survive Without Supplying Relied Upon Documents: Karnataka High Court Reasserts Article 22(5) Safeguards Court Subordinate Who Attended Duty Drunk, Abused Advocates & Misbehaved With Judge's Family Gets No Mercy: Andhra Pradesh High Court Upholds Removal From Service XXXVII Rule 3 CPC | Claim Of 24% Interest Without Prima Facie Contract Cannot Be Blindly Accepted In Summary Proceedings : Madras High Court On Summary Suit Defence Re-Testing Under NDPS Act Cannot Be a Tool to Overcome an Adverse Lab Report: J&K High Court Quashes Charge-Sheet After First Report Ruled Out Heroin Shocking And Disturbing That Cows Died Due To Starvation: Kerala High Court Pulls Up Travancore Devaswom Board Over Neglect Of Temple Gosala Promoter Cannot Retain Ownership By Merely Using The Word ‘Lease’: Bombay High Court Upholds Ownership Deemed Conveyance Under MOFA

"QUASHING" Digest

Prevention of Corruption Act, 1988 – Sanction for Prosecution – Validity – Application of Mind – Sanction granted under Sections 19(1)(b) & (c) PC Act to prosecute public servant for alleged disproportionate assets challenged – Held: Sanction is not an idle formality and must disclose due application of mind to all relevant material – Mechanical sanction ign...

Income Tax – Criminal Prosecution – Quashing under Section 482 Cr.P.C. – Wilful Tax Evasion – Search and seizure conducted under Section 132 I.T. Act revealed substantial concealment of income – Petitioner filed revised returns under Section 153A declaring higher income – Complaints filed for offences under Sections 276C(1) and 277 I.T. Act after obtaining statu...

Negotiable Instruments Act, 1881 – Section 138 & Section 141 – Quashing of Summoning Order – Parallel Remedies – Forum Shopping – Petitioners challenged summoning orders by invoking inherent jurisdiction of High Court while having already filed criminal revision before Sessions Court – Suppression of pendency of revision held to lack bona fides – Law r...

NDPS Act – Quashing of Proceedings – Section 482 Cr.P.C. – Accused implicated only on basis of voluntary/confessional statements recorded under Section 67 NDPS Act – No independent corroborative material linking petitioner to offence – Continuation of prosecution held to be abuse of process of law [Paras 8, 11]. Section 67 NDPS Act – Evidentiary Value –...

Drugs and Cosmetics Act, 1940 – Criminal Prosecution – Cognizance and Summoning Order – Scope of Interference in Revision – Revisionists challenged the summoning order contending lack of application of mind, absence of valid sanction, procedural irregularities in sampling, and non-compliance with Rule 46 of Drugs Rules – Held: At the stage of cognizance and summoning,...

Criminal Law – Quashing under Section 482 Cr.P.C. – Abuse of Process of Court – Petition filed seeking quashing of sanction order, FIR and charge-sheet arising out of mutation dispute relating to immovable property – Allegations against petitioner confined to passing an order staying mutation proceedings pending title suit – Held: Criminal prosecution based solely on ...

Criminal Law - Execution Proceedings – Alleged Impersonation of Surety – Offence Relating to Court Proceedings – In execution of money decree, part decretal amount disbursed on furnishing of solvent surety – Allegation that surety was furnished through impersonation and real person never stood as surety – Application filed under Section 379 BNSS seeking prosecution fo...

Criminal Law – Quashing – Section 528 BNSS – Scope – Applicants sought quashing of charge-sheet and proceedings for offences under Section 69 BNS and Sections 3/4 POCSO Act on plea of consensual relationship and false implication – High Court held that at the stage of consideration under Section 528 BNSS, only prima facie satisfaction is required and disputed question...

Criminal Law – Quashing - SC/ST (Prevention of Atrocities) Act, 1989 – Sections 3(1)(r) and 3(1)(s) – Essential ingredients – Quashing of proceedings – FIR alleged caste-related abuses by accused persons – No specific role or utterance attributed to the appellant – Mere presence at the spot insufficient – Held: In absence of intentional insult or abu...

Criminal Law – Section 482 CrPC – Quashing of Proceedings – Mechanical Cognizance on Protest Complaint – Magistrate took cognizance of offences under Sections 420, 468, 471 r/w 34 IPC on a protest complaint after police filed refer report finding allegations false – Order merely recorded “prima facie case made out” without reasons – No discussion of ...