Eyewitness Consistency is Key in Upholding Murder Convictions," Rules Rajasthan High Court State Cannot Take the Defence of Adverse Possession Against an Individual, Rules MP High Court in Land Encroachment Case Ignoring Crucial Evidence is an Illegal Approach: P&H High Court in Remanding Ancestral Property Dispute for Fresh Appraisal A Litigant Should Not Suffer for the Mistakes of Their Advocate: Madras High Court Overturns Rejection of Plaint in Specific Performance Suit 20% Interim Compensation is Not Optional in Cheque Bounce Appeals, Rules Punjab & Haryana High Court Presumption of Innocence Fortified by Acquittal: Rajasthan High Court Upholds Verdict in Accident Case Absence of Fitness Certificate Invalidates Insurance Claim, Rules MP High Court: Statutory Requirement Can't Be Ignored Punjab & Haryana High Court Affirms Protection for Live-In Couple Amidst Pending Divorce Proceedings Reassessment Must Be Based on New Tangible Material: Delhi High Court Quashes IT Proceedings Against Samsung India Kerala High Court Denies Bail to Police Officer Accused of Raping 14-Year-Old: 'Grave Offences Demand Strict Standards' Repeated Writ Petitions Unacceptable: Calcutta High Court Dismisses Land Acquisition Challenge Delhi High Court Upholds Validity of Reassessment Notices Issued by Jurisdictional Assessing Officers in Light of Faceless Assessment Scheme Adverse Possession Claims Fail Without Proof of Hostile Possession: Madras High Court Temple's Ancient Land Rights Upheld: Kerala High Court Rejects Adverse Possession Claims Expulsion Must Be Exercised in Good Faith — Calcutta High Court Orders Fresh Adjudication in Partnership Dispute Instigation Requires Reasonable Certainty to Incite the Consequence: Delhi High Court in Suicide Case

"QUASHING" Digest

Criminal Procedure Code – Section 482 – Quashing of FIR – Petition under Section 482 CrPC challenging the order for FIR registration and its subsequent quashing – Dismissal of petition based on detailed investigation and material collected – Observations made not to be construed as an opinion on the merits of the case. [Para 9, 16]   Criminal Breach of Trus...

Criminal Revision – Discharge Application – Section 138 of the Negotiable Instruments Act – addressed the application filed under Section 482 of the Criminal Procedure Code (Cr.P.C.), seeking quashing of the order and proceedings in a complaint case under Section 138 of the Negotiable Instruments Act. [Para 2, 12]     Factual Background – The applicant, f...

Dishonour Cheque - Quashing of Complaint Case No.19930/2016 under Section 138 NI Act - Petitioner, Neeta Gupta, seeks quashing of complaint filed by Suman Anand, alleging dishonored cheque of Rs.20,00,000/- - Petitioner claims no involvement as the cheque was signed solely by her late husband and she did not receive the statutory demand notice - Respondent alleges refusal by petitioner to accept n...

Criminal Procedure Code – Sections 82 and 83 – Quashing of orders – Petitioners sought quashing of order summoning them by way of proclamation under Section 82 Cr.P.C. and declaring them proclaimed persons under Section 83 Cr.P.C. – Petitioners contended that their business had ceased to exist before the pandemic, and they were never served with warrants – Court found...

  Criminal Procedure Code, 1973 - Section 436, Section 437(5), Section 439(2) - Cancellation of Bail - Jurisdiction of Magistrate - Bail granted under Section 436 of Cr.P.C. - Sub-section (5) of Section 437 empowers the Magistrate to order arrest and custody if bail was granted under Section 437(1) or (2) - Bail under Section 436 not covered - Jurisdiction to cancel bail granted under Sect...

Defamation Trial – Petitioner, an acclaimed journalist and Managing Editor of 'Daily Ajit' and 'Ajit Samachar', facing defamation trial for 15 years – Dismissal of criminal revision petition by Sessions Court challenged – Petition filed under Section 482 CrPC for quashing summons in defamation case. [Para 1]   Publication of Alleged Defamatory News &nda...

Abetment of suicide - Essential elements - Mere allegations of harassment not sufficient to establish guilt - Conviction under Section 306 IPC requires proof of instigation or intentional aid to the commission of suicide - Direct or indirect act/s of incitement needed - Act/s should be proximate to the time of occurrence - Absence of abetment element from the allegations renders offence under Sect...

Quashing of Summoning Order - Non-Executive Independent Directors - The petitioners, being Non-Executive Independent Directors of HDIL, challenged the summoning orders issued against them in relation to dishonoured cheques. The court observed the necessity of proving the day-to-day involvement of these directors in the company's affairs for holding them liable under Section 138 of the NI Act. ...

Criminal Law – Quashing - Preventive Detention – Challenge to Detention Order – validity of a detention order issued under the Maharashtra Prevention of Dangerous Activities Act (MPDA Act) against the petitioner, Nilesh Sunil Pendulkar. The order was challenged on several grounds, including delay in issuance, non-consideration of bail orders, and violation of constitutional right...

Criminal Procedure Code – Quashing of FIR – Petition under Section 482 CrPC – Kalandra under Section 182 IPC against petitioners (complainant and shadow witness in a bribery case) – Allegation of giving false information and resiling from initial statement – Competent authority denied sanction for prosecution – Kalandra and consequent proceedings quashed. [Paras...