Criminal Law – Quashing of FIR and Charge-sheet – Criminal appeal against initiation of prosecution under TOHO based on second FIR – Challenge on grounds of constitutional violations and procedural lapses – TOHO being a special Act, its provisions take precedence over general laws – Supreme Court interpretation mandates that complaints under TOHO must be initiated by ...
Criminal Law - Medical Negligence - Quashing of Criminal Complaint and Summoning Order –Criminal Appeal against summoning order for offense under Section 304-A IPC – Allegation of medical negligence against appellant in the treatment of respondent's wife – Contention that summoning order was passed without obtaining necessary medical opinion from a government doctor as mandat...
Land Law – Resumption of Plot – Power of Resumption – Petition against resumption of booth site due to default in installment payments – Petitioner paid 25% of auction price and three installments – Additional Rs. 1 lakh deposited between 1996-1997 – HUDA resumed booth in 2001 citing default – High Court holds power of resumption as ultimate civil sanction...
Criminal Procedure - Quashing of FIR based on Compromise - Section 307 IPC - High Court's power under Section 482 CrPC to quash criminal proceedings even in non-compoundable offenses if the settlement serves justice and prevents abuse of process - The court emphasized that each case should be considered on its own merits, evaluating the possibility of conviction, nature of injuries, weapon use...
Criminal Law – Quashing of Proceedings – Petition to quash criminal proceedings against the petitioner who was accused of quid pro quo investments and receiving undue benefits from government projects – The High Court dismissed the petition, emphasizing the limited scope of Section 482 CrPC and the need for trial to determine the factual disputes and criminal liability [Paras 1-6...
Negotiable Instruments Act – Vicarious Liability – Quashing of Complaint – Petitioner, a Director of M/s. Santur City (P.) Ltd., signed cheques drawn in the name of the company – Complainant filed a complaint for dishonour of cheques under Section 138 of the Act against the petitioner without impleading the company as a party – Held, cheques issued by the company and ...
Criminal Law – Quashing of FIR – Consensual Relationship
Applicant sought quashing of FIR alleging rape and cheating, contending the relationship was consensual and lasted over 31 years – Complainant delayed filing FIR until Applicant ceased contact – High Court found no element of force, noting complainant’s continued association with Applicant and lack of prior c...
Criminal Procedure – Quashing of Proceedings – Petitions to quash Calendra under Section 145 Cr.P.C. regarding land ownership dispute – Deceased Colonel Gurdev Singh's property claimed by petitioner (his second wife) and respondent No. 5 (his daughter) – Civil suit for declaration of ownership already pending – Ad interim injunction granted to maintain status quo ...
Criminal Procedure – Recalling Witness – Section 311 Cr.P.C. – Petition challenging dismissal of application to recall witness – Trial court dismissed application citing delay – High Court held delay not attributable to petitioner due to later issuance of crucial bank communication – Clarification from Branch Manager essential to resolve material discrepancy &nd...
Criminal Law – Quashing of Criminal Proceedings under IPC and Prevention of Corruption Act – Supreme Court remands matter to Division Bench of High Court – Challenge against Single Judge's decision quashing criminal proceedings arising from IPO fraud in Yes Bank and IDFC shares – CBI contends settlement with SEBI does not absolve criminal liability – Supreme Court...