Triple Riding On Motorcycle Not Automatic Proof Of Contributory Negligence; High Court Can Enhance Award Even Without Cross-Appeal: Andhra Pradesh High Court Statutory Power To Lay Electricity Lines Prevails Over Private Land Claims; Landowners Entitled To Compensation, Not Obstruction: Bombay High Court Beer & Whisky Are Allied/Cognate Goods; Use Of Identical Mark For Spirits Infringes 'Godfather' Beer Trademark: Delhi High Court Minimum Percentile Fixed By Indian Nursing Council For B.Sc. Nursing Admissions Must Be Strictly Adhered To; Cannot Be Diluted Without Approval: Calcutta High Court Bride Not Expected To Keep All Gold In Personal Custody In Matrimonial Home; Entrustment To Husband Presumed: Kerala High Court Default Imprisonment Not Additional Punishment But Coercive Measure To Secure Fine; Cannot Become 'De Facto' Debtors' Prison: Karnataka High Court Mahant Is Only A Custodian Of Deity’s Property, Assets Gifted For Temple Maintenance Belong To Public Trust: Gujarat High Court Pendency Of Criminal Antecedents Alone Not A Ground To Deny Bail: Andhra Pradesh High Court Grants Bail In Abduction Case After 3-Year Delay In FIR Beer Falls Under ‘IMFL’ Category; No Obligation To Collect TCS On Sales Prior To June 2003: Telangana High Court Dismissal From Service For Negligence Without Proved Misappropriation Is Disproportionate: Orissa High Court Merit In A Case Does Not Justify Disregarding Statutory Delay: NCDRC Upholds Dismissal Of Star Health's Appeal Filed With 442-Day Delay Limitation Period Under Section 34(3) Arbitration Act Commences Only From Receipt Of Signed Copy Of Award: Madhya Pradesh High Court Government Employee Not Eligible For Regular Promotion During Pendency Of Vigilance Proceeding: Orissa High Court Arrest Warrants Against Directors Under Section 72 CP Act Should Be Last Resort; Proper Procedure Must Be Followed: NCDRC

"QUASHING" Digest

  Criminal Law - Section 193, 406, 418, 420, 423, 468, 469 of IPC - Criminal Complaint – Second Quashing Petition – Not Maintainable – Review Impermissible – The High Court allowed a second quashing petition under Section 482 CrPC, despite an earlier petition on identical grounds having been dismissed – Held: Raising previously available pleas in a second peti...

Criminal Law - Sections 3(1)(viii), 3(1)(ix), and 3(2)(vii) of the SC/ST Act – Quashing of Proceedings under Section 482 CrPC – High Court Order Upheld – Appellant alleged mala fide prosecution by public officials for opposing wrongful land allotment – High Court found no evidence of caste-based discrimination or mala fide intention – Held: The initiation of proceedin...

Quashing of Criminal Proceedings – Section 376 IPC – Exception in Peculiar Circumstances – Continuation Unnecessary – The appeals arose from refusal by High Court to quash criminal cases including Section 376 IPC despite mutual settlement – Supreme Court noted second FIR (376 IPC) was lodged immediately after first FIR by opposite side and complainant categorically ex...

Criminal Law - Quashing of Criminal Proceedings – Non-Compliance of Summons – Section 174 IPC vs. Section 117 Customs Act – Complaint Quashed – The petitioner challenged the criminal complaint and Non-Bailable Warrants issued against him for non-compliance of a summons under Section 108 Customs Act – Held: The Customs Act is a complete code providing a specific penalt...

Criminal Law – Section 13(1)(d), 13(2) of the PC Act - Appeal Against Dismissal of Quashing - Criminal Conspiracy and Abuse of Building Permission – Illegal Construction in Violation of Municipal Rules – Prosecution Upheld – The appellant-owner, in conspiracy with municipal corporation officials, obtained a renovation permit, despite there being no requirement under Kerala ...

Criminal Law - Quashing of FIR – Abuse of Criminal Process – Civil Dispute Given Criminal Colour – FIR Quashed – The appellants challenged the High Court’s order dismissing their petition under Section 482 CrPC seeking quashing of FIR No. 771/2020 involving alleged cheating and criminal breach of trust in a land sale transaction – The Supreme Court held that the...

Criminal Law - Quashing of Criminal Proceedings – Sections 498A, 406, 323, 34 IPC – Divorce Proceedings Pending – Allegations Found Baseless – Criminal proceeding initiated by wife alleged to be retaliatory to the matrimonial suit filed by husband – FIR contains vague and evasive allegations without specific details regarding acts of cruelty or physical harm – N...

Quashing of Charges – Discharge of Private Vendor – Sections 120-B, 420, 471 IPC and Section 13(2) r/w 13(1)(d) of PC Act – Discharge Allowed – Applicants sought quashing of orders rejecting discharge and framing charges alleging criminal conspiracy and wrongful gain in award of HMIS project under NRHM – Court held that applicants, being private vendors, completed the...

Criminal Law – Quashing of FIR - Public Servant – Engagement in Private Consultancy – No Legal Prohibition – Prosecution Quashed – The petitioner, employed with a government enterprise, was charged under Section 168 IPC for allegedly working as a private consultant for PF & ESI matters – The Court held that Standing Orders applicable to the petitioner do not...

Criminal Law – Quashing of FIR -  Medical Negligence – Criminal Liability – Applicability of Bolam Test – FIR Quashed – The petitioners, associated with Vasundhara Hospital, faced criminal proceedings under Section 105 BNS arising from allegations of medical negligence following the death of a patient post fibroid surgery – The State and District Medical Ex...