Triple Riding On Motorcycle Not Automatic Proof Of Contributory Negligence; High Court Can Enhance Award Even Without Cross-Appeal: Andhra Pradesh High Court Statutory Power To Lay Electricity Lines Prevails Over Private Land Claims; Landowners Entitled To Compensation, Not Obstruction: Bombay High Court Beer & Whisky Are Allied/Cognate Goods; Use Of Identical Mark For Spirits Infringes 'Godfather' Beer Trademark: Delhi High Court Minimum Percentile Fixed By Indian Nursing Council For B.Sc. Nursing Admissions Must Be Strictly Adhered To; Cannot Be Diluted Without Approval: Calcutta High Court Bride Not Expected To Keep All Gold In Personal Custody In Matrimonial Home; Entrustment To Husband Presumed: Kerala High Court Default Imprisonment Not Additional Punishment But Coercive Measure To Secure Fine; Cannot Become 'De Facto' Debtors' Prison: Karnataka High Court Mahant Is Only A Custodian Of Deity’s Property, Assets Gifted For Temple Maintenance Belong To Public Trust: Gujarat High Court Pendency Of Criminal Antecedents Alone Not A Ground To Deny Bail: Andhra Pradesh High Court Grants Bail In Abduction Case After 3-Year Delay In FIR Beer Falls Under ‘IMFL’ Category; No Obligation To Collect TCS On Sales Prior To June 2003: Telangana High Court Dismissal From Service For Negligence Without Proved Misappropriation Is Disproportionate: Orissa High Court Merit In A Case Does Not Justify Disregarding Statutory Delay: NCDRC Upholds Dismissal Of Star Health's Appeal Filed With 442-Day Delay Limitation Period Under Section 34(3) Arbitration Act Commences Only From Receipt Of Signed Copy Of Award: Madhya Pradesh High Court Government Employee Not Eligible For Regular Promotion During Pendency Of Vigilance Proceeding: Orissa High Court Arrest Warrants Against Directors Under Section 72 CP Act Should Be Last Resort; Proper Procedure Must Be Followed: NCDRC

"QUASHING" Digest

Criminal Law – Quashing of FIR – Business Dispute – The petitioner sought quashing of the FIR on the grounds that the dispute was of a civil nature arising out of a long-standing business relationship with the complainant. The petitioner contended that the complainant was attempting to use the criminal justice system to settle a commercial dispute, which involved transactions of ...

Criminal Law – Quashing of FIR – Appellant petitioners sought quashing of FIR under Sections 420, 406, 467, 468, 471, and 120-B of IPC – FIR was registered post the enactment of Bhartiya Nyaya Sanhita (BNS) 2023 – Dispute between family members regarding the alleged forgery of a will and manipulation of property records – Petitioners argued that with the repeal of the...

Quashing of FIR – Second FIR on Same Cause of Action – Abuse of Process of Law – The petitioner sought quashing of a second FIR, which was based on the same set of allegations as the first FIR – Held: The second FIR was illegal and unsustainable as it amounted to double jeopardy – Reliance placed on T.T. Antony v. State of Kerala, (2001) 6 SCC 181 – Second FIR q...

Criminal Law – Dowry - Quashment of Proceedings – Prima Facie Case Established – Petition Dismissed - The petitions seeking quashment of criminal proceedings under Section 482 CrPC were dismissed as prima facie evidence supported the allegations of cruelty under Section 498A IPC and misappropriation under Section 420 IPC. The court held that these were matters to be examined duri...

Delayed FIR – Impact on Credibility – FIR Quashed - The FIR, filed more than three years after the alleged interview, lacked explanation for delay – Court held that unexplained delays in filing FIRs often lead to embellishment, weakening the authenticity of the allegations – FIR quashed as per Supreme Court’s guidance in Manoj Kumar Sharma v. State of Chhattisgarh, (2...

Criminal Law – Quashing of FIR – Allegations of Cheating, Fraud, and Criminal Conspiracy – FIR Filed Against the Appellant, a Foreign National, and Project Manager of Hyundai Engineering & Construction India LLP – Alleged Non-Payment of Rs. 9 Crores by Subcontractor Entity (YSSS) – Appellant Alleged to Have Connived in Default of Payment – High Court Refused...

Criminal Law – Quashing - Abuse of Process – Multiple FIRs arising from the same incident – Quashing of Police Reports – Allegations of wrongful restraint, injury, and offenses under Sections 354, 354-B, 354-D IPC – FIR No. 20/2024 filed by Ajay Kumar Sareen against Rohit Krishan Bhat alleging assault – FIR No. 24/2024 filed by Ragini Rajput against Ajay Kumar S...

Criminal Law – Abetment of Suicide – Ingredients for Prosecution – Section 306 IPC – Appeal challenging charges for abetment to suicide due to alleged harassment by appellants – Appellants contended lack of proximate cause and intent – Held: The charges under Section 306 IPC require proof of direct or indirect acts of instigation or aiding suicide, coupled with ...

Criminal Law – Cheating and Criminal Conspiracy – Quashing of FIR – Financial Dispute – Abuse of Process – The FIR was registered on the complaint of Avtar Singh, alleging that petitioner Jagsir Singh Dhiman refused to return a sum of ₹9,50,000 arising from a business dispute in agricultural tool manufacturing – Petitioners contended that this was a civil disp...

Quashing of Criminal Proceedings – Jurisdiction of Indian Courts – Sections 188 Cr.P.C. and 494 IPC – Proceedings Quashed – The petitioner sought to quash a complaint filed by the respondent through his Power of Attorney alleging offences of bigamy, cheating, and other charges – The Court found that the marriage was solemnized in Maharashtra, and the alleged offences ...