State Can’t Block SARFAESI Sale by Late Revenue Entries: Secured Creditor’s Charge Prevails Over Tax Dues: Punjab & Haryana High Court Slams Sub-Registrar’s Refusal Providing SIM Card Without Knowledge of Its Criminal Use Does Not Imply Criminal Conspiracy: P&H High Court Grants Bail in UAPA & Murder Case Importer Who Accepts Enhanced Valuation Cannot Later Contest Confiscation and Penalty for Undervaluation: Madras High Court Upholds Strict Liability under Customs Act "Allegations Are Not Proof: Madras High Court Refuses Divorce Without Substantiated Cruelty or Desertion" When FIR Is Filed After Consulting Political Leaders, the Possibility of Coloured Version Cannot Be Ruled Out: Kerala High Court Mere Allegations of Antecedents Without Conviction Can't Defeat Right to Anticipatory Bail: Kerala High Court Section 106 Of Evidence Act Cannot Be Invoked In Vacuum – Prosecution Must First Lay Foundational Facts: Karnataka High Court Acquits Wife And Co-Accused In Husband’s Murder Case Parity Cannot Be Claimed When Roles Are Different: Karnataka High Court Refuses Bail to Youth Accused of Brutal Killing Injured Wife Would Not Falsely Implicate Her Husband: Gauhati High Court Upholds Conviction in Domestic Stabbing Case Disputed Bids, Missing Evidence and No Prejudice: Delhi High Court Refuses to Intervene in Tender Challenge under Article 226 Marriage Cannot Be Perpetuated on Paper When Cohabitation Has Ceased for Decades: Supreme Court Invokes Article 142 to Grant Divorce Despite Wife’s Opposition Ownership of Trucks Does Not Mean Windfall Compensation: Supreme Court Slashes Inflated Motor Accident Award in Absence of Documentary Proof Concealment of Mortgage Is Fraud, Not a Technical Omission: Supreme Court Restores Refund Decree, Slams High Court’s Remand State Reorganization Does Not Automatically Convert Cooperative Societies into Multi-State Entities: Supreme Court Rejects Blanket Interpretation of Section 103 Indian Courts Cannot Invalidate Foreign Arbitral Awards Passed Under Foreign Law: Madhya Pradesh High Court Enforces Texas-Based Award Despite Commercial Court’s Contrary Decree Sudden Quarrel over Mound of Earth — Not Murder but Culpable Homicide: Allahabad High Court Eligibility Flows from Birth, Not a Certificate Date: Delhi High Court Strikes Down Rule Fixing Arbitrary Cut-Off for OBC-NCL Certificates in CAPF (AC) Recruitment Bar Under Order II Rule 2 CPC Cannot Be Invoked Where Specific Performance Was Legally Premature Due To Statutory Impediments: P&H High Court Once a Court Declares a Department an Industry Under Section 2(j), State Cannot Raise the Same Objection Again: Gujarat High Court Slams Repetitive Litigation by Irrigation Department “How Could Cheques Issued in 2020 Be Mentioned in a 2019 Contract?”: Delhi High Court Grants Injunction in Forged MOA Case, Slams Prima Facie Fabrication

"QUASHING" Digest

Service Law – Dismissal from Service – Departmental Enquiry – Criminal Charges – Writ Petition challenging the order of dismissal from service based on a departmental enquiry – Petitioner alleged to have amassed assets disproportionate to known sources of income – Enquiry report based on FIR and suspension order without substantial evidence – Held, departm...

Criminal Law - Joinder of Additional Accused - Criminal Law – Appeal under Section 14A(2) of the Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act, 2015 – High Court’s Dismissal of Appeal Challenging Addition of Accused under Section 319 of Cr.P.C – Court upheld Trial Court’s Order Adding Accused Based on Eyewitness Testimony – Plea of Alibi Con...

Criminal Law – Quashing of Second FIR – Criminal Miscellaneous Application – Quashing of the orders dated 05.03.2016 passed by the learned 5th Additional Sessions Judge, Saran at Chhapra, and the order dated 21.01.2015 passed by the learned Chief Judicial Magistrate, Saran at Chhapra, directing the lodging of a second FIR in connection with Chhapra Town P.S. Case No. 52 of 2013 &...

Criminal Law – Quashing of FIR and Charge-Sheet – Criminal Petition under Section 482 Cr.P.C. – FIR for molestation and threats – FIR No.0048 dated 25.06.2022 registered under Sections 452, 354 IPC, Sections 8 and 12 of POCSO Act, 2012, later including Sections 354-A and 195-A IPC – Petitioner alleged to have threatened the victim’s uncle to force compromise &nd...

Criminal Law - Quashing of FIR - Section 482 Cr.P.C. - Criminal petition for quashment of FIR under Sections 377, 498-A, 294, 506 IPC - Allegations include unnatural sex, dowry demand, and harassment - Petitioner argues the allegations are false, motivated by matrimonial discord, and supported by insufficient evidence - Court analyzes the amended definitions of rape and considers marital exception...

Criminal Procedure - Petition to quash proceedings under Sections 3 to 5 of the Immoral Traffic (Prevention) Act and Section 370(A)(2) of IPC - Petitioner, accused as a customer in a brothel raid, seeks relief citing non-applicability of charges - Analysis hinges on distinctions between customers and traffickers/exploiters in law - Court distinguishes roles based on previous judgments and specific...

Criminal Law – Quashing of Complaint and Summoning Order – Petition under Section 482 CrPC – Allegations of substandard fertilizer against dealer and others – Samples taken from sealed and properly stored fertilizer bags – Held dealer not liable for substandard fertilizer as responsibility lies with manufacturer – Complaint and summoning order quashed. [Paras 1-...

Criminal Law – Quashing of FIR and Charge-Sheet – Special Criminal Application filed under Article 226 of the Constitution of India read with Section 482 of the Cr.P.C. – Applicant accused of obtaining previous sanction for property sale in disturbed area through alleged fraudulent means – FIR filed under various sections of IPC and Disturbed Areas Act – Held that cer...

Abetment of Suicide - Examination of abetment under Section 306 IPC – Suicide allegedly instigated by petitioners due to financial pressures – FIR based on a suicide note naming the petitioners as contributors to the deceased's stress due to monetary transactions – Court concludes lack of substantial evidence of intentional inducement or pressure amounting to abetment to comm...

Criminal Procedure – Quashing of FIR – Petition under Section 482 Cr.P.C. to quash FIR for cheating and conspiracy lodged based on allegations of fraudulent misrepresentation by organizers of an education centre regarding the recognition of an educational course – Supreme Court guidelines on quashing FIRs discussed, specifically in the context of misrepresentations about universi...