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

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...

Criminal Law – Quashing of FIR – Petition under Section 482 CrPC to quash FIR under Sections 376 and 420 RPC – Allegations involve fraudulent marriage and subsequent physical relations under false pretenses – Court finds no prima facie case against petitioners Nos. 1 & 2 (parents of petitioner No. 3) – FIR quashed against them, while continuing against petitioner ...

Criminal Law – Jurisdiction of CJM and Police Station – Writ petition challenging FIR for offenses under Sections 304(II), 420, 409, 467, 468 RPC – Complaint initiated by respondent No.3 before CJM Jammu, alleging insurance fraud and failure to process claim leading to the death of the insured in Switzerland – CJM directed SHO Police Station Gandhi Nagar, Jammu to register ...

Criminal Law – Quashing of Proceedings – Vicarious Liability – Application under Section 482 Cr.P.C. filed by Azim Premji seeking quashing of complaint proceedings and related orders. The complaint involved alleged violations of the Equal Remuneration Act, 1976, by G4S Secure Solutions (India) Pvt. Ltd., a third-party security service provider for Wipro Ltd. The applicant, as Cha...

Constitutional Law – Article 166 Compliance – Executive action taken without Governor’s name – Petitioners’ accrued right to pension and gratuity annulled by impugned resolution – Court examines validity of resolution not expressed in Governor’s name – Upholds principle that policy decisions affecting rights must be issued in the name of Governor &nd...