Abetment of Suicide – Section 306 IPC – Mens Rea and Instigation – The Supreme Court held that a teacher reprimanding a student for indiscipline, which is part of the teacher’s duty, does not constitute abetment of suicide unless there is clear mens rea to instigate the suicide. In this case, the appellant acted within his duties without any intention to provoke the student...
Criminal Appeal - Quashing of Criminal Complaints - Allegations of dishonored cheques and liability under various sections of NI Act and IPC - Respondent claimed retirement from partnership firm and sought quashing of proceedings - High Court quashed summoning order and complaints - Appeal against High Court's order - Whether the order quashing summoning order and complaints against respondent...
Banking Law – Disciplinary Proceedings – Misconduct by Bank Manager – Respondent sanctioned advances in violation of Head Office instructions causing financial loss to the bank – Disciplinary action taken under Clause 22(ix)(a) of the Bank of Cochin Service Code – Respondent dismissed from service after inquiry – High Court quashed disciplinary proceedings citin...
Charge Sheet Quashing – Allegations of Marital Cruelty and Dowry Demands – Appeal by Mahalakshmi & Ors. Against the charge sheet for offenses under IPC Sections 498A, 506 and Dowry Prohibition Act Sections 3, 4 – Allegations deemed vague and general without specific evidence against appellants.
Residency and Absence of Specific Allegations – Appellant No. 1, Mahalak...
Criminal Law – Quashing of Non-Compoundable Offences – Sections 320 and 482 CrPC – Offences which are 'non-compoundable' cannot be compounded by a criminal court in purported exercise of its powers under Section 320 CrPC – The High Court, however, can invoke its inherent powers under Section 482 CrPC to quash such proceedings if it is to prevent abuse of the process...
Encroachment – Land Measurement Dispute – Plaintiff alleged defendants encroached land purchased in 1995 – Trial Court dismissed suit, noting defendants possessed land since 1969 and plaintiff acknowledged encroachment in sale deed – Appellate Court upheld dismissal – High Court ordered surveyor measurement, findings indicated defendants encroached 38 R (40888 sq. ft....
Criminal Law – Abetment of Suicide – Lack of Evidence – Allegations against appellant included refusal to marry the deceased leading to his suicide – FIR claimed appellant and her family abused deceased with casteist remarks and forced poison – No material evidence of relationship or abetment by appellant – Appellant had previously complained to police about dec...
Criminal Procedure – Quashing of FIR – High Court issued oral directions to restrain arrest without written order – Supreme Court highlights that oral observations are not part of judicial record – Written orders are binding and enforceable – Administration of criminal justice involves public interest, not just a private matter between parties – Oral directions ...
Criminal Law – Quashing of Criminal Proceedings – Stage of Framing of Charge – Appellant challenged the High Court's decision to quash proceedings under Section 482 CrPC – Supreme Court held that the High Court should not evaluate the evidence on merits at this stage – Strong suspicion against the respondent based on the FIR and investigation, including recovery o...
Quashing of FIR – Inherent Powers of High Court – The Supreme Court held that the High Court erred in quashing the FIR under Section 482 CrPC without considering the investigation materials and statements collected. The High Court is not to delve into the merits of the case or conduct a trial while exercising its inherent powers. [Paras 9.1-9.3]
Serious Triable Allegations – T...