A Stranger to a Decree Cannot Claim Injury Unless He Shows Adverse Impact: Calcutta High Court Dismisses Challenge to Compromise over Debottar Property Land Acquisition | Compensation Based on Post-Notification Auction Sales Is Legally Unsustainable:  Supreme Court Slashes Exaggerated Land Value in Outer Ring Road Acquisition Case Limitation Cannot Defeat Joinder of Necessary Parties Under Order 1 Rule 10 CPC: Gujarat High Court Upholds Addition of Co-Plaintiffs in Ongoing Civil Suit Award Passed by Lok Adalat Cannot Be Challenged Before Civil Court Even on Grounds of Fraud: Bombay High Court Quashes Application Seeking Annulment of Settlement Comparability Must Be Proven — Proximity Alone Not Enough for Land Valuation: Orissa High Court Rejects Enhancement Claim in Land Acquisition Appeal Section 37 NDPS Cannot Override Article 21 Forever – Pre-Trial Custody Cannot Be Endless: Punjab & Haryana High Court Grants Bail in 90kg Poppy Husk Case If Title Is Prima Facie, Suit for Cancellation of Sale Deed Lies in Civil Court: Allahabad High Court Dismisses Appeal Against Widow’s Challenge to Alleged Fraudulent Transfer Tenant Remains a Tenant—Cannot Claim Ownership or Deny Eviction After Lease Ends: Andhra Pradesh High Court Dismisses Second Appeal Over Shop Possession Disrobing a Minor Is Aggravated Sexual Assault Even Without Penetration: Calcutta High Court Affirms Conviction Under Section 354B IPC and Section 10 POCSO Right to Property Remains a Constitutional Right – Even Drug Law Must Respect Due Process: Telangana High Court Upholds Freezing Order Under NDPS Act Criminal Law Cannot Be Weaponised for Breach of Contract: Supreme Court Quashes FIR in Property Deal Dispute High Court Cannot Reopen a Final Criminal Judgment Under Guise of Correction: Supreme Court Quashes ‘Clerical Revision’ That Diluted Murder Conviction After a Plaint Is Rejected,  Only Thing to Examine  Whether That Rejection Was Correct—Courts Cannot Travel Beyond the Four Corners of the Pleadings: Supreme Court Promotion to Chief Secretary Is Not a Right — It Demands Not Just Merit, But Maturity, Collegiality, and Administrative Temperament: Supreme Court Refuses Relief to Senior IAS Officer 498A | Generalised and Sweeping Accusations Unsupported by Concrete Evidence Cannot Form the Basis for Criminal Prosecution:  Supreme Court One Bench Cannot Overrule Another’s Finding in the Same Court: Supreme Court Slams Delhi High Court for Overturning Contempt Ruling Without Appeal A Magistrate Need Not Record Detailed Reasons While Taking Cognizance — Law Requires Application of Mind, Not a Speaking Order: Supreme Court Reinstates Cognizance Against Accused Declaration of Title Is Sufficient Even Without Cancellation of Void Sale Deed: Supreme Court Reasserts Principles of Declaratory Relief Once Defendant Is Set Ex Parte, Their Rights Suffer Curtailment:  Supreme Court Reiterates Limits on Post-Decree Challenges under Order IX Rule 13 CPC One-Time Leave Encashment Is the Rule — Not a Perpetual Right: Supreme Court Bars Re-Employed Retirees from Double Benefit A Child Is Not a Trophy in Parental Battles: Kerala High Court Sets Aside Custody Order, Issues Guideline to End Courtroom Trauma for Children

"QUASHING" Digest

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 &...

FACTS: The petitioner, M/S. Masturlal (Pvt.) Ltd., was accused of failing to furnish required statistical data to the respondent, violating Section 15(1) of the Collection of Statistics Act, 2008. In a previous proceeding (C.C.No.22683/2012), the petitioner pleaded guilty, paid a fine, and the case was closed.   ISSUE: Whether the second proceeding under Section 15(2) of the Act for non...

Penal Code 1860 (IPC) - Section 306 - Abetment of suicide - An FIR under Section 306 of IPC cannot be quashed on the basis of any financial settlement with the informant, surviving spouse, parents, children, guardians, caregivers, or anyone else - Heinous or serious crimes with a serious impact on society cannot be compromised - High Court's quashing of FIR based on settlement between accused ...

Eviction Orders - Alleged encroachment on gair mumkin rasta (pathway) in khasra No. 145 - Petitioners challenged eviction orders issued by Assistant Collector Ist Grade, Rewari, and Collector, Rewari - Reliance on demarcation report - Objections raised by petitioners - Violation of guidelines, ex parte demarcation, failure to ascertain fixed points, and relay them onto the ground. (Para 1-3) De...

Criminal Law - Petitioner's Arrest and Prosecution – Seizure of foreign liquor leading to petitioner’s arrest – Allegation of unlawful possession, storage, and non-payment of duty – Raid by Bidhannagar Excise Department on 31.10.2018 – Prosecution under Bengal Excise Act, 1909 and West Bengal (Foreign Liquor) Rules, 1998. [Paras 5-7, 15] Defense of the Petition...