Supreme Court Orders Government Review on Compounding of Royalties in Mining Industry Article 227 Cannot Be Invoked to Bypass Statutory Bar on Interlocutory Orders: Telangana High Court High Court Grants Bail in Multi-Crore Heist Case, Warns Against Irreversible Injustice from Prolonged Pre-Trial Incarceration Uttarakhand HC: ‘Mutation Entries Are Fiscal, Not Title-Binding,’ Directs Disputes to Civil Court Restraining Electricity Connections is Dehors Section 43 of the Act": Rajasthan High Court Re-examination Necessary to Avoid Miscarriage of Justice in Misappropriation Case: Meghalaya High Court POCSO | Offences Against Children Are Offences Against Society and Cannot Be Compromised: Supreme Court Victim’s Testimony U-Turns, Patna High Court Acquits Man in POCSO Case Concealment of Orders and Repetitive Petitions Are Deprecable Conduct: P&H High Court in Parole Denial Case Karnataka High Court Affirms Enforcement of Settlement in Cheque Bounce Case: “No Escape from Lawful Obligations Prosecution Evidence Contradictory and Insufficient : High Court Acquits Man Convicted Under Section 498A IPC Custodial interrogation is unnecessary when the accused express willingness to cooperate with the investigation: Kerala High Court Grants Bail in Software Fraud Case Criminal Proceedings Cannot be Used to Settle Civil Matters: J&K High Court Rules, Quashing FIR Filed Under Multiple Sections of Ranbir Penal Code Defense Is Illusory and Sham: Calcutta High Court Grants Summary Judgment in Cheque Dishonor Case 'Significant and Non-Obvious Leap in Probiotic Science: Delhi High Court Orders Revaluation of Alimentary Health's Patent Application High Court Overturns Conviction Due to DNA Evidence Proving Different Perpetrator In Absence of Specific Allegations, Quashing of FIR is Justifiable: Supreme Court Affirms Acquittal in Criminal Case Doesn't Invalidate Departmental Inquiry Findings: Gujarat High Court Responsibility to Install and Maintain Lies with Appellant’ in IOC Dealership Case: Andhra Pradesh High Court Affirms Truth Must Prevail Using Best Available Science: Allahabad High Court Upholds DNA Test Order in Paternity Dispute for Maintenance Claim No Evidence of Life-Threatening Injury: Bombay High Court Reduces Conviction from Attempted Murder to Simple Assault State Policy Directions Cannot Override Regulatory Commission’s Quasi-Judicial Powers: Supreme Court Scope of Referral Courts in Arbitration is Strictly Limited to Existence of Agreement, Not Merits of Dispute: Supreme Court Clear Tendency in Complainant to Improvise Allegations to Settle Marital Scores: High Court on Bail Evidence of Adultery, Cruelty, and Desertion Insufficient: Jharkhand High Court Affirms Dismissal of Divorce Petition Legal Heirs Cannot Be Denied Defense: High Court Remands Partition Suit for Fresh Hearing Karnataka High Court Rejects Time-Barred Suit, Emphasizes 'No Allegations of Fraud or Coercion Purposive Interpretation Necessary: High Court at Calcutta Clarifies Arbitration Scope Bombay High Court Quashes Five-Year Rent Revision Clause in Government Leases, Upholds Ready Reckoner-Based Calculations “If the Testimony is True, We Act on It”: Kerala High Court Upholds Convictions in Divakaran Murder Case

"QUASHING" Digest

Quashing of FIR – Insufficient Evidence Claims – High Court’s Decision Reversed – The High Court had quashed an FIR implicating Respondent No.1 for lack of direct evidence of bribery and monetary demand – The Supreme Court found this approach legally unsustainable, noting the premature dismissal of credible investigatory evidence including a pendrive indicating involv...

Regular Bail - Prolonged Custody - Right to Speedy Trial - Circumstantial Evidence - Medical Reports - Fairness in Trial - Article 21 of the Constitution - Petitioner, a mother of a minor child, seeks regular bail in a murder case where she is accused of killing her husband due to an alleged illicit relationship. The prosecution's case relies on circumstantial evidence, with key witnesses not ...

Criminal Procedure Code, 1973 – Section 482 – Quashing of Criminal Proceedings – The Allahabad High Court exercised its inherent powers under Section 482 of the Criminal Procedure Code, 1973 to quash the criminal proceedings in four interconnected cases. The cases involved allegations of kidnapping and abduction for marriage, with applicants seeking to quash the charges and subse...

Quashing of Proceedings –  Marriage and Dowry Disputes - Complaint under IPC and Dowry Prohibition Act alleging harassment for dowry by the appellant's in-laws and husband - FIR registered following non-response to police notices, leading to issuance of non-bailable warrants - High Court quashed proceedings citing procedural irregularities, lack of specific allegations, and jurisdic...

Prima facie material required to connect accused with alleged crime - Abuse of process of law - Right to personal liberty - Constitution of India, Article 21. [Para 18]   2. Registration of case under Karnataka Protection of Interest of Depositors in Financial Establishment Act, 2004 - Preliminary satisfaction report not submitted - Prima facie material required - Abuse of process of co...

Criminal Appeal – FIR against Appellant – Allegations of rape and other offences – First Information Report (FIR) registered against appellant for offences under IPC and the SC/ST Act. Contention of long consensual relationship and marriage to the complainant. Issues of consent and false promise to marry raised. [Para 1-5]   Consensual Relationship – Analysis of ...

Appeal against High Court Decision – Dismissal of quashing FIR in property fraud case involving misuse of Power of Attorney (PoA) – FIR No.87 of 2011 against appellant for offences under IPC Sections 467, 468, 469, 471, 409, and 420 – High Court decision from Patna in Criminal Miscellaneous No.42776 of 2013 challenged. [Para 3]   Background of Case – Allegations ...

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...