Guilt of Medical Negligence Cannot Be Made Out Merely by Allegation Without Expert Evidence: Supreme Court Partially Modifies NCDRC Order in Hospital Liability Case “There Is No Presumption That Property Remains Joint After Partition” – Supreme Court Restores Validity of Sale by Coparcener Holding Self-Acquired Property Fresh Suit Maintainable Even After Rejection of Restoration Application Under Order IX Rule 4 CPC:  Supreme Court Upholds High Court’s Decree Restoring Plaintiffs' Rights Academic Futures Can’t Be Sacrificed at the Altar of Lease Formalities: Supreme Court Invokes Article 142 to Save Hotel Management Institute Disregarding a Court's Order May Seem Bold, But the Shadows of Its Consequences Are Long and Cold: Supreme Court Sentences Shaji Augustine for Civil Contempt States Must Act to Eliminate Gender Disparities and Ensure Transparency in Organ Transplants: Supreme Court Issues Comprehensive Directions Deliberate Crushing Under Tractor Wheels Establishes Murder, Not Accident: Allahabad High Court Upholds Conviction Under Section 302 IPC Caveat Cannot Be Sidestepped On Ground Of Urgency Or Identity Ambiguity: Calcutta High Court Quashes Injunction Order Passed Without Notice To Caveator Admission by Defendant is the Best Evidence: Andhra Pradesh High Court Reiterates Protection of Possession in Injunction Suits Freedom of Speech Cannot Shield Influencers Who Circulate Unverified Allegations Against Brands: Delhi High Court Talaq-e-Ahsan Is Not Criminalized Under Muslim Women (Protection of Rights on Marriage) Act: Bombay High Court Quashes FIR Protection under Section 197 CrPC is Not a Cloak for Unlawful Acts Committed Outside Official Duty: Rajasthan High Court Advocate Betraying Client’s Trust to Usurp Property is the Worst Abuse of Professional Ethics: Madras High Court Rent Controller Has No Power To Condone Delay In Filing Leave To Defend Under Section 13-B Rent Act: Punjab and Haryana High Court Partition Deed Must Be Proven By Primary Evidence If Execution Is Disputed: Jharkhand High Court Annuls Appellate Decree

"QUASHING" Digest

Writ Petition – Quashing of Enforcement Case Information Report (ECIR) and Related Proceedings – Petitioner's plea for quashing of proceedings initiated through ECIR/09/HIU/2019 following compounding and quashing of predicate FIRs – Partly allowed, with continuation of ECIR based on a subsequent FIR. [Paras 1-3, 36-37]   Predicate Offences – Compounding and Q...

Criminal Quash Petition – Offences under Sections 132 and 135(1)(a) and (b) of The Customs Act, 1962 – Petitioner challenges Criminal Complaint and summoning order – Allegation of smuggling arms and ammunitions – Petitioner’s License used by father for import – Petitioner’s statement under Section 108 of the Act – Petitioner studying law and a nation...

Quashing of FIR – Section 482 of Cr.P.C. – Serious Allegations of Extortion and Assault: The High Court declined to quash FIR No. 384/2021 - involving offences under Sections 323/341/384/506/34 IPC - in a case where the accused allegedly assaulted and extorted the complainant. Despite a compromise between parties, the Court found the allegations too serious - emphasizing the societal i...

Conspiracy and Forgery in Revival of Defunct Societies – Allegations against petitioners for fraudulent revival of Arvind Cooperative Group Housing Society, forgery of documents, and cheating Government of NCT Delhi and DDA for land allotment – Petitioners allegedly involved in conspiracy with government officials and other co-accused. [Paras 2.1-2.12] Role of Petitioners and Bank T...

Criminal Procedure Code 1973 (CrPC) – Section 482 – Quashing of criminal complaint – Unexplained inordinate delay must be taken into consideration as a crucial factor for quashing a criminal complaint – Over four-year gap between initial investigation and complaint filing, with no evidence provided to sustain the claims – High Court must detail cases to prevent miscar...

Criminal Procedure Code – Quashing of Proceedings U/S 138 NI Act – Section 482 CrPC – The High Court of Delhi, in exercising its inherent powers under Section 482 of the Criminal Procedure Code, quashed the summoning order against the petitioner in a case pertaining to a cheque bounce under Section 138 of the Negotiable Instruments Act. The court scrutinized the involvement of th...

Criminal Procedure Code, 1973 – Section 482 – Quashing of FIR – Allegations of data theft and violation of non-disclosure agreement – Former employees accused of stealing data from the complainant company and working with a rival company – FIR registered under IPC Sections 408, 504, 506 and IT Act Sections 66, 66C – Internal investigation report indicating foul ...

Criminal Law – POCSO Act – Non-reporting of Sexual Assault – Respondent, a medical practitioner, accused of failing to report sexual assault on minor tribal girls despite knowledge – High Court quashed FIR and chargesheet – Supreme Court emphasized that non-reporting of such crimes is serious and often shields offenders – Quashing of FIR and chargesheet at thres...

FIR quashing - Compromise between parties - Offences under Section 307 IPC and Arms Act - Family dispute - Heinous and serious offences - Habitual offender - Petitioners sought quashing of FIR based on compromise - Specific and grave allegations against the petitioners - Petitioner No.1 fired shots with intent to kill complainant - Recovery of fired cartridges - Held, offences under Section 307 IP...

Quashing of FIR - Sections 306, 498A, and 114 of the Indian Penal Code - Section 482 of the Code of Criminal Procedure - Allegations of mental and physical harassment leading to suicide - Prima facie case - Continuous harassment to the deceased due to inability to conceive - Selling of golden ornaments given by the deceased's father - Father of the deceased files FIR against the applicant and ...