Victim’s Statement Under Section 164 CrPC Has No Substantive Value Without Court Testimony: Karnataka High Court Affirms Acquittal in POCSO Case Voice Recognition by Familiarity Can Sustain Conviction Even Without Spectrography: Gujarat High Court Upholds Life Sentence in Child Murder for Ransom Presumption of Legal Liability Stands Firm Once Signature on Cheque Is Admitted: Himachal Pradesh High Court Upholds Conviction in ₹6.5 Lakh Cheque Bounce Case State Cannot Overreach Final Judgments by Raising New Claims: Jharkhand High Court Holds Forest Officials Guilty of Contempt You May Build, But You Can't Claim Equity: Karnataka High Court Permits Construction Amid Partition Dispute — On One Condition Conviction Under Section 7 of Arms Act Requires More Than Assumption – It Requires Ballistic Proof: Rajasthan High Court Acquits Man of Graver Arms Charge Due to Lack of Evidence Non-Registration of the Project Does Not Defeat Allottee’s Right To Invoke RERA: Punjab & Haryana High Court Clarifies Scope of Section 31 of RERA Unpleasant Hospital Experience Does Not Make Out a Criminal Case: Delhi High Court Dismisses Patient’s Allegations of Cheating and Wrongful Restraint “You Can’t Punish an Employee Without Telling Him Why You Disagree with His Exoneration”: Bombay High Court Slams Port Authority for Violating Natural Justice Can a Magistrate Order Probe Without Sanction Under PC Act? Supreme Court Tags B.S. Yediyurappa Case to Larger Bench Amid Legal Uncertainty” Cheque Dishonour Settlement Won’t Affect Pending Arbitration Proceedings: Supreme Court Emphasizes Separation of Remedies Court Under Section 34 Cannot Modify or Partially Uphold Award — It Must Either Set Aside or Sustain It in Totality: Supreme Court Consent Decree Once Passed Cannot Be Challenged by Filing a Fresh Suit — Supreme Court Upholds Bar Under Order 23 Rule 3A CPC Eleven Years in Jail for a Seven-Year Sentence — Supreme Court Invokes Article 142 to Quash Life Term and Orders Immediate Release Arbitral Awards Passed After IBC Resolution Approval Are Nullities — Execution Cannot Override a Final Resolution Plan: Supreme Court Suspension of Sentence Cannot Override Trial Court’s Findings — Conviction Stands Unless Reversed: Supreme Court in POCSO Case Deemed Conveyance Cannot Extinguish Rights of Co-Owner — Competent Authority Under MOFA Has No Jurisdiction to Decide Title Disputes: Supreme Court Section 11 RFCTLARR Act Notification Alone Governs Compensation Date, No Judicial Discretion Allowed: Supreme Court on Land Acquisition Law Article 21 Is Not a Dead Letter — Prolonged Incarceration Overrides NDPS Bail Bar: Delhi High Court Orders Release of Five Youths Accused in LSD Smuggling, Denies Bail to Two Based on Weight, Role and Evidence

"QUASHING" Digest

Defamation – Criminal Law – Appeal against summoning order and complaint quashing – A news article titled "Mission Misconduct" published in INDIA TODAY magazine led to defamation complaints – The article reported allegations of sexual misconduct, corruption, and sale of passports by Indian officials – The complainant, a senior officer, sought action against ...

  Marital Discord and Subsequent Legal Proceedings – Application for quashing FIR No. 96 of 2023 under Sections 269, 498-A, 34 IPC, and subsequent charge-sheet and RCC No. 1670 of 2023 – Accusations against husband (applicant no. 1) and his father (applicant no. 2) by the wife (respondent no. 2) for deceit regarding a contagious disease and harassment for dowry [Paras 2, 3, 4, ...

Prevention of Corruption Act, 1988 - Section 17A - Mandatory Prior Approval for Inquiry or Investigation against Public Servants - Protecting Public Servants from Vexatious Prosecution: The court emphasizes the significance of Section 17A of the Prevention of Corruption Act, 1988, which mandates prior approval from the competent authority for any inquiry or investigation into offenses alleged to h...

FACTS: Indus Towers Ltd. Appealed against the resolution (No. 7) of the Grampanchayat of Chikhalhol, which directed the company to halt the construction of a mobile tower, responding to objections raised by local villagers concerning health effects of the tower’s radiation.   ISSUES & RULINGS:   1. Whether the Grampanchayat, after issuing a No Objection Certificate...

Criminal Law – Quashing of Proceedings – Section 482 CrPC – High Court dismissed the appellant's application to quash criminal proceedings related to an offense under Section 376 IPC – Supreme Court allowed the appeal, holding that the allegations did not prima facie constitute the offense of rape – Consensual relationship between the parties negated the essential...

Offence of stalking under Section 354-D IPC – Ingredients required to establish the offence – Intent to foster personal interaction despite clear disinterest – Legislative intention and concerns of misuse (Paragraphs 6, 10, 12, and 19).   Offence under Section 509 IPC – Requirement of prima facie establishment of intention to insult the modesty of a woman –...

Constitution of India – Article 226 – Criminal Procedure Code, 1973 – Section 482 – Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 – Quashing of FIR – Abuse of process of law – Misuse of provisions of the Act – Examination of scope and ambit of inherent powers of the High Court.   Scheduled Castes and Scheduled ...

Quashing of FIR – Section 482 CrPC – Appeal against High Court's dismissal of petition to quash FIR – FIR registered based on private complaint alleging offenses under IPC including cheating and breach of trust – Supreme Court finds no ingredients of alleged offenses made out in the complaint – FIR and charge-sheet quashed [Paras 1-19].   Commercial Dis...

Criminal Law – Copyright Infringement – Vicarious Liability – Court dealt with the issue of vicarious liability under the Copyright Act, 1957. The petition sought the quashing of proceedings against the petitioner, accused of copyright infringement in his capacity as AGM of a company. The Court examined the applicability of vicarious liability and the role of the company in the a...

Vicarious Liability – Requirements under Section 141 of NI Act – The Supreme Court held that merely stating that directors are in charge of and responsible for the conduct of the business of the company does not fulfill the requirements of Section 141 of the NI Act. Specific averments detailing their role and responsibility are necessary [Paras 1-88].   Personal Appearance &...