Possession and Part Performance: Stamp Duty Compliance Is Non-Negotiable, Says Delhi High Court Calcutta High Court Declares Disciplinary Action as ‘Shockingly Disproportionate’, Orders Reduction in Rank for Petitioner No Profits, No Deduction — Section 33AC Must Precede 80-I Calculation in Shipping Tax Disputes: Bombay High Court Equity and Merit Must Coexist: Kerala High Court Rules on Regularisation of Temporary Forest Department Employees Lawyers Have No Right to Strike: Madras High Court in Contempt Case Encroachment is like committing a 'dacoity' against public resources: Delhi High Court. High Court Rejects Plea of Kindergarten School Against ESI Contribution Assessment Kerala High Court Quashes Rape Proceedings Citing 'Humanitarian Consideration' After Accused Marries Victim Procedural Delays Do Not Justify Condonation of Delay," Rules Delhi Consumer Commission in National Insurance Case Elements of Section 300 IPC Are Not Made Out: Rajasthan High Court Quashes Murder Conviction in 1987 Beating Case Registrar Cannot Be a Judge of His Own Cause: Punjab and Haryana High Court Quashes Amendments MP High Court Upholds Prosecution for Forged Patta: 'Accountability in Public Office is Non-Negotiable Approval Must Be Granted for Altruistic Kidney Donations," Rules Madras High Court Grave Illegality in Appellate Remand: High Court of Rajasthan Orders Reassessment on Merits Commissioner Lacked Authority for Retrospective Cancellation: Punjab & Haryana High Court Restores Educational Trusts' Registrations Intent is Crucial in Violent Crimes: Single Blow with Axe Does Not Imply Attempt to Murder," Rules Madhya Pradesh High Court

"QUASHING" Digest

Criminal Law - Quashing of Proceedings – Section 188 IPC – Absence of Written Complaint by Public Servant – Proceedings Quashed - The petitioners were charged under Section 188 IPC for allegedly obstructing a police officer’s duty. The Court held that cognizance under Section 188 IPC requires a written complaint from the public servant as per Section 195(1)(a) CrPC. Since n...

Criminal Law – Quashing of FIR – Illegal Extraction of Minerals – The petitioner was charged under Sections 379, 411, and 414 of the IPC and under the Mines and Minerals Act for alleged illegal extraction of brick earth – Held: The FIR and the subsequent proceedings were quashed as the petitioner had paid all dues for royalty, land revenue, and cess as demanded by the autho...

Defamation – Public Speech During Election Rally – Petitioner, a sitting MLA, made defamatory remarks during a post-election rally against the respondent, alleging association with a criminal gang and questioning his religious authenticity – Respondent contended that the statements harmed his reputation, leading to the filing of a private complaint – Magistrate took cogniza...

Quashing of FIR – Section 17A of Prevention of Corruption Act – Prior Approval Mandatory - The petitioners, a Circle Inspector and an Assistant Sub-Inspector, sought to quash an FIR registered against them for demanding illegal gratification. The High Court held that under Section 17A of the Prevention of Corruption Act, prior approval from the competent authority is mandatory before i...

Criminal Law – Quashing of Charges – Proceedings under SC/ST Act – Compromise between Parties – Application under Section 482 Cr.P.C. filed to quash the charge sheet and entire proceedings of S.T. No.130 of 2022 under Sections 504, 506, 323 IPC and Sections 3(1)(da), 3(1)(dha) of SC/ST Act – Case based on a compromise between the parties – Opposite party no. 2, ...

Criminal Law – Abetment of Suicide – Section 306 IPC – Insufficient Evidence for Abetment – The appellants, senior officers of Hindustan Lever Ltd., were accused of harassing the deceased, Rajeev Jain, by coercing him into accepting a voluntary retirement scheme. The deceased allegedly committed suicide following a meeting where he was humiliated. The Supreme Court held tha...

Criminal Law – Quashing - Forgery and Cheating – Non-compliance with mandatory provisions – Section 156(3) of CrPC – Quashing of Proceedings - Petitioners challenged the criminal proceedings initiated under Sections 420, 465, 467, 468, 469, and 471 of the IPC, arguing non-compliance with Sections 154(1) and 154(3) of the CrPC during the filing of the complaint under Section...

Constitutional Law – Validity of Legislation – Khalsa University (Repeal) Act, 2017 – Challenge to the repeal of Khalsa University established under the 2016 Act – Appellant argued the repeal act was discriminatory, arbitrary, and violated Article 14 of the Constitution – Respondent State of Punjab justified repeal, citing protection of the heritage character of Khals...

Constitutional Law – Validity of Legislation – Khalsa University (Repeal) Act, 2017 – Challenge to the repeal of Khalsa University established under the 2016 Act – Appellant argued the repeal act was discriminatory, arbitrary, and violated Article 14 of the Constitution – Respondent State of Punjab justified repeal, citing protection of the heritage character of Khals...

Juvenile Justice Act – Section 23 – Allegation of Willful Neglect – Prosecution Quashed – The petitioners were accused of willfully neglecting their 3-year-old child by involving the child in a 59-day protest under the scorching sun, which led to the registration of an FIR under Section 23 of the Juvenile Justice Act, 2000 – The key issue was whether the parents' ...