Quashing of Criminal Proceedings – Defective Vehicle – Compensation in Lieu of Replacement – The High Court quashed the FIR against the respondents for alleged cheating in the sale of a defective BMW car, but directed the replacement of the vehicle with a new one. The Supreme Court, noting the prolonged nature of the dispute and the manufacturer’s compliance willingness, di...
Criminal Law – Conviction – Eyewitness Testimonies – Appellant convicted under Sections 148 and 302/149 IPC – Prosecution's case based on testimonies of PW-1 and PW-2 – Material contradictions and improvements in testimonies – Cross-examination revealed inconsistencies and doubts about presence at the scene – Conviction cannot be sustained on such doub...
Allegations of Sexual Assault and Subsequent Marriage – FIR against Maksood Ahmad alleging sexual assault under Section 376 IPC – Later marriage between the accused and the prosecutrix post FIR registration and religious conversion of the prosecutrix - Scrutiny of the marriage's validity and motives behind conversion and marriage. [Paras 1-3, 5, 60-62, 64-70, 112]
Lega...
FIR Quashing – Criminal Procedure Code, 1973 (CrPC) – Section 482 – Petition seeking quashing of FIR No. 171/2023 under IPC Sections 417/419/468/471/120B – Allegations of creating fake email and impersonation for filing false complaints – Petition dismissed, FIR not quashed. [Para 1, 27]
Complaints Against Government Officer – Alleged conspiracy and...
Criminal Procedure – Abuse of Process – Quashing of FIR – The Supreme Court overturned the decision of the Karnataka High Court, quashing the FIR against the appellants in a dispute initially labeled as criminal but essentially of a civil nature. The court emphasized the importance of distinguishing between criminal intent and mere breach of contract. [Para 2, 4, 8]
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Income Tax – Re-opening of Assessment – High Court quashes notice for re-opening assessment due to lack of tangible material – Supreme Court finds that objective material existed justifying re-opening based on search proceedings, seized documents, and statements under Section 132(4) – Assessment originally accepted under Section 143(1) without scrutiny, thus not shielding f...
Criminal Appeal – Quashing of FIR – High Court's rejection of petition under Section 482 of CrPC without considering the merits – Strange approach by the High Court – Order set aside, and the case remanded to the High Court for consideration on merits.
Interim Relief – Extension of interim relief granted by the Supreme Court – Appellant allowed to apply ...
Criminal Appeal – Dowry Harassment – Allegations of dowry harassment and cruelty against in-laws by Bhawna – Appellants, Kusum Lata, Abhishek, and Sourabh, accused of subjecting Bhawna to mental and physical harassment – Allegations pertain to the period from 2007 to 2013 – Divorce proceedings initiated by Bhawna’s husband, Nimish. [Para 18-21]
Inconsistencie...
Criminal Procedure Code – Quashing of Proceedings – Section 482 CrPC – The Supreme Court evaluated the High Court's exercise of power under Section 482 of the Criminal Procedure Code, 1973, in quashing criminal proceedings based on a settlement agreement. The case involved the quashing of FIR and subsequent proceedings in a case of serious offences including abduction and ass...
Quashing of Conviction and Sentences – Criminal Appeal against High Court's reversal of acquittal – Appellants convicted under Sections 302, 201 and 34 IPC for murder of Mahesh Sahu – Supreme Court finds High Court erred in reversing well-reasoned acquittal based on conjectures and surmises – Held, the trial judge's findings were on correct appreciation of evidence,...