Stationary Vehicle Parked At Night Without Warning Signs Poses Evident Hazard; SC Refuses To Reduce Compensation For CA Student’s Death Motor Accident Claims: 100% Loss Of Earning Capacity To Be Considered If Amputation Prevents Manual Worker From Pursuing Sole Avocation: Supreme Court Substantive Amendments Rendering Land Transfers 'Void' Are Prospective; Cannot Invalidate Decades-Old Sale Deeds: Supreme Court Registered Sale Deed Carries Formidable Presumption Of Genuineness; Minor Witness Discrepancies Cannot Invalidate Decades-Old Document: Supreme Court Mere Breach Of Sale Agreement Not Cheating Unless Dishonest Intent Existed From Inception: Telangana High Court Mining Lease Applications For First Schedule Minerals Deemed 'Disposed Of' Once Recommended & Approved Prior To 2015: Supreme Court Prolonged Incarceration Under NDPS Act Militates Against Article 21; Conditional Liberty Must Override Section 37 Embargo: Supreme Court Perpetual Minor Status Of Deity Does Not Exempt It From Limitation Laws; Condonation Requires 'Sufficient Cause': Orissa High Court State Cannot 'Approbate And Reprobate' Bravery: MP High Court Mandates Out-Of-Turn Promotion For Cop Who Rescued Truck From 200-Foot Gorge Drugs Controller Can Regulate Misleading Discount Boards In Medical Shops; Right To Business Not A Shield For Deception: Kerala High Court Courts Cannot Direct Parliament To Adopt Rotational Reservation For Assembly Seats; Section 9(1)(c) Delimitation Act Valid: Allahabad High Court Official To Pay Rs 20,000 Costs From Own Pocket: Andhra Pradesh High Court Holds Municipal Commissioner Liable For Failing To Take Court Orders To 'Logical End' IPC Sections 406 & 420 Cannot Co-exist On Same Set Of Facts; Substantial Compliance Enough For Section 156(3) CrPC Affidavit: Kerala High Court Family Courts Duty-Bound To Declare Marital Status In Mutual Consent Muslim Divorces Even If Wife Admits Divorce: Gujarat High Court Allottee’s Right To Interest For Delayed Possession Under Section 18 RERA Is Absolute; Not Fettered By Section 55 Contract Act: Bombay High Court Sentencing Not A Purely Retributive Exercise Divorced From Factual Matrix: Supreme Court Reduces Jail Term Of Man Who Forged Bail Documents

"QUASHING" Digest

Criminal Law – Quashing of Proceedings – Section 482 CrPC – Counterblast Complaint – Abuse of Process – Petitioner, a septuagenarian retired person, executed a development power of attorney in favour of the opposite party no. 2, who allegedly sold 66 decimal of land for Rs. 40 lakhs in the petitioner's name using the power of attorney – Petitioner lodged FIR...

Negotiable Instruments Act — Section 138 — Dishonour of Cheque — Joint Account Holder — Liability — Only Drawer/Signatory Can Be Prosecuted — Cheques were issued from a joint bank account maintained by the applicant and co-accused Rahul Thind, but were signed solely by Rahul Thind — The trial court summoned both on a complaint under Section 138 NI Act &mda...

Criminal Law – Quashing of FIR - Matrimonial Dispute – General Allegations Against In-Laws – Proceedings Quashed in Part - Petitioners challenged FIR under Sections 498A, 504, 506 IPC – Allegations against petitioner No.4 (Surinder Kaur) were found vague and lacking specific instances of cruelty or provocation – Held: Prosecution against her is abuse of process &ndash...

Criminal Procedure — Proclaimed Person — Section 82 CrPC — Mandatory Requirements — Non-Compliance — The petitioner was declared a proclaimed person vide order dated 14.12.2023 in an FIR involving kidnapping, extortion and cheating — The trial Court, while passing the impugned order, merely observed that the mandatory period of 30 days had expired and proceeded ...

Anticipatory Bail — Second Petition — Maintainability — No Change in Circumstances — The petitioner filed a second petition for anticipatory bail under Section 482 BNSS within ten days of dismissal of the first petition on 06.04.2026, without disclosing any substantial or drastic change in circumstances — Held: A successive anticipatory bail petition filed without mat...

Bharatiya Nagarik Suraksha Sanhita 2023 - Section 528 - Quashing of FIR - Scope of interference - Rice millers challenged FIRs alleging shortage of paddy stocks - Held - At the quashing stage the High Court must not act as a trial court by weighing evidence or testing the truth of allegations - The only test is whether the allegations taken at face value prima facie make out the ingredients of the...

Criminal Law - Code of Criminal Procedure 1973 - Section 482 - Quashing of criminal proceedings - Principles and Guidelines - Bhajan Lal precedent - Held - High Court failed to exercise inherent power to quash proceedings when allegations even if taken at face value do not constitute any offence - [Paras 10-20] Indian Penal Code 1860 - Sections 405 and 406 - Criminal Breach of Trust - Entrustme...

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Sections 3(1)(r) and 3(1)(s) - Atrocities - Place within public view - Essential ingredients - Appellants were charged for hurling casteist slurs inside a residential house - Held, the requirement that the incident must occur in "a place within public view" is a sine qua non for constituting offences under Sectio...

Criminal Law - Negotiable Instruments Act 1881 - Section 138 - Quashing of Proceedings - Non-signatory Spouse - Liability under Section 138 is strictly in personam requiring a mandatory identity-link between the account holder, the drawer, and the signatory - Petitioner being a total stranger to the account and non-signatory to the instrument cannot be prosecuted - Held - To compel a non-signatory...

Quashing of Criminal Proceedings – Compromise – Non-Compoundable Offences – Corporate Accused – Petitioner/A9, Mahindra World City Developers Limited, faced trial before the Judicial Magistrate No. II, Chengalpet in C.C. No. 251 of 2020 for offences under Sections 120(b), 465, 468 and 471 IPC, being the end-purchaser in an alleged chain of forged title documents in respect ...