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

"QUASHING" Digest

Criminal Law - Quashing of FIR - Indian Penal Code 1860 - Sections 420 467 468 and 471 - Writ petition seeking quashing of FIR - Petitioners allegedly accepted earnest money from informant's sister but executed sale deeds in favour of a third party - Informant's application under Section 156 of CrPC was treated as complaint and dismissed by Magistrate under Section 203 CrPC - Revisional Co...

Criminal Law - Dishonour of Cheque - Negotiable Instruments Act 1881 - Section 138 - Prosecution of non-signatory joint account holder - Respondent filed complaint arraying petitioner and his wife as accused for dishonour of a cheque issued in discharge of a friendly loan - Cheque was drawn on a joint bank account but signed exclusively by the wife of the petitioner - Trial Court summoned the peti...

Criminal Law - Inherent Powers - Code of Criminal Procedure 1973 - Section 482 - Scheduled Castes and the Scheduled Tribes Prevention of Atrocities Act 1989 - Section 14A - Maintainability of quashing petition - Petitioner filed petition under Section 482 CrPC corresponding to Section 528 BNSS to quash FIR and the Trial Court order framing charges against him for offences under IPC IT Act and SC/S...

Criminal Law - Forgery and Cheating - Indian Penal Code 1860 - Sections 420 467 468 and 471 - Quashing of chargesheet - Applicant was named as guarantor for a bank loan of Rs 10 lakhs sought by his parents - Allegations that loan application was based on forged documents of land belonging to persons deceased since 1990 - Investigation revealed co-accused Vikram Asthana produced a forged power of a...

Writ Law - Quashing of FIR - Constitution of India - Article 32 - Maintainability of writ petition under Article 32 for quashing multiple FIRs - Petitioner sought quashing of multiple FIRs registered in different states regarding cyber fraud or alternatively their clubbing and consolidation - Petitioner claimed his bank account was misused by others and he had no knowledge of transactions - Court ...

Criminal Law - Quashing of Proceedings - Code of Criminal Procedure 1973 - Section 482 - Malicious Prosecution - Petitioners being Sub Inspector and Constable sought quashing of criminal proceedings initiated by suspended Head Constable alleging caste abuse - Respondent complainant was suspended for colluding with criminals and leaking information of police raids based on inquiry and call detail r...

Criminal Law - Framing of Charge - Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989 - Section 3(1)(x) - Offence in public view - Petitioners challenged Trial Court order framing charges for allegedly insulting complainant employees with casteist remarks - Petitioners contended the alleged remarks were made during private conversations inside their respective offices thus f...

Criminal Law - Quashing of Proceedings - Code of Criminal Procedure 1973 - Section 482 - NDPS Act 1985 - Sections 20 21 23 27A and 29 - Petitioner seeking quashing of multiple NDPS cases instituted against him - Petitioner is a proprietor of a medical agency in Agra holding a valid drug license - Petitioner was implicated solely on the basis of disclosure statements made by co-accused persons whil...

Criminal Law - Quashing of FIR - Code of Criminal Procedure 1973 - Section 156(3) - Maintainability of application without exhausting Section 154(3) - Petitioners sought to quash FIR registered for offences of criminal breach of trust and cheating on the direction of the Magistrate under Section 156(3) CrPC - Petitioners contended that the application was not preceded by a complaint under Section ...

Criminal Law - Quashing of cognizance order - Bharatiya Nagarik Suraksha Sanhita 2023 - Section 528 - Petitioners sought quashing of cognizance order passed by the trial Court for offences punishable under Sections 498A and 406 of the Indian Penal Code 1860 and Sections 3 and 4 of the Dowry Prohibition Act 1961 - Petitioners contended that cognizance was taken without recording prima facie satisfa...