Cognizance Is of the Offence, Not the Offender: Madras High Court Rejects Challenge to ED’s Supplementary Complaint in PMLA Case Acquittal in Rajasthan No Bar to Trial in Madhya Pradesh: MP High Court Rejects Double Jeopardy Plea in Antiquities Theft Case 20% Deposit Isn’t Automatic in Cheque Bounce Appeals: Right to Appeal Can’t Be Priced Out: Punjab & Haryana High Court Checks Mechanical Use of Section 148 NI Act A Child Is Not a Non-Earner: Punjab & Haryana High Court Sets New Benchmark in Compensation for Minors’ Deaths 90 Days Is Not Sacrosanct – Courts Can Permit Reply to Counter-Claim Even Beyond Prescribed Time in Interest of Justice: Punjab & Haryana High Court Magistrate Can Proceed Only for Offences Committed in India Until Sanction Is Obtained for Acts Outside India: Orissa High Court on International Financial Fraud Award Is Vitiated by Non-Consideration of Material Evidence: Orissa High Court Sets Aside Industrial Tribunal’s Wage Award in IMFA Case POCSO | Absence of Child's Name in Birth Certificate Not Fatal: Kerala High Court No One Has the Right to Impute Illicit Motives to Judges in the Name of Free Speech: Karnataka High Court Jails Man for Criminal Contempt DV Complaint Cannot Be Quashed at Threshold Under Article 227: Madras High Court Refuses to Interfere, Directs Accused to Seek Remedy Before Magistrate Recovery Wasn't From Accused's Exclusive Knowledge — Cylinder Already Marked in Site Plan Before Arrest: Allahabad High Court Acquits Man in Murder Case Setting Fire to House Where Only Minors Were Present is a Heinous Offence – No Quashing Merely Because Parties Settled: Calcutta High Court No Exclusive Possession Means Licence, Not Lease: Calcutta High Court Rules City Civil Court Has Jurisdiction to Evict Licensees Defendant's Own Family Attested the Sale Agreement – Yet She Called It Nominal: Andhra Pradesh High Court Upholds Specific Performance Renewal Not Automatic, No Evidence Of Notice Or Mutual Agreement: AP High Court Dismisses Indian Oil’s Appeal Against Eviction When Death Is Caused by an Unforeseeable Forest Fire, Criminal Prosecution Cannot Be Sustained Without Proof of Rashness, Negligence, or Knowledge: Supreme Court Proof of Accident Alone is Not Enough – Claimants Must Prove Involvement of Offending Vehicle Under Section 166 MV Act: Supreme Court Dismisses Appeal for Compensation in Fatal Road Accident Case Income Tax | Search Means Search, Not ‘Other Person’: Section 153C Collapses When the Assessee Himself Is Searched: Karnataka High Court Draws a Clear Red Line License Fee on Hoardings is Regulatory, Not Tax; GST Does Not Bar Municipal Levy: Bombay High Court Filing Forged Bank Statement to Mislead Court in Maintenance Case Is Prima Facie Offence Under Section 466 IPC: Allahabad High Court Upholds Summoning Continued Cruelty and Concealment of Infertility Justify Divorce: Chhattisgarh High Court Upholds Divorce Disguising Punishment as Simplicity Is Abuse of Power: Delhi High Court Quashes Dismissals of Civil Defence Volunteers for Being Stigmatic, Not Simpliciter Readiness and Willingness Under Section 16(c) Is Not a Ritualistic Phrase — Plaintiff Must Prove It With Substance, Not Just Words: Karnataka High Court FIR in Disproportionate Assets Case Quashed: Patna High Court Slams SP for 'Non-Application of Mind' and 'Absence of Credible Source Information' Ownership of Vehicle Linked to Commercial Quantity of Heroin – Custodial Interrogation Necessary: Punjab & Haryana High Court Denies Anticipatory Bail under Section 482 BNSS Death Caused by Rash Driving Is Not a Private Dispute — No FIR Quashing on Basis of Compromise in Section 106 BNS Cases: Punjab & Haryana High Court No Bank Can Override Court Orders: Rajasthan High Court Slams Axis Bank for Unauthorized Withdrawal from Court-Ordered FD"

"QUASHING" Digest

Quashing of Order under Section 207 Cr.P.C. - Petitioner sought quashing of order that denied supply of documents listed as 'unrelied upon' by CBI in the seizure memo (D/5) - Supreme Court earlier ordered the provision of materials supplied to the deceased's family to the petitioner - Court findings highlighted that materials provided to the petitioner included all 'relied upon'...

Abetment of Suicide – Revision against charges under Section 305 IPC – Analysis of the legal and factual circumstances surrounding the alleged abetment of suicide by a teacher accused of harassing a student leading to the latter’s suicide – Held – No evidence of specific acts of harassment or intentional inducement by the teacher that could have led the student to com...

Quashing of Appointment of Lambardar -  petitioner seeks a writ of certiorari to quash the order appointing respondent No. 4 as Lambardar, alleging erroneous acceptance of the revision petition and reversal of earlier orders - petitioner was initially appointed as Lambardar, but respondent No. 4 was appointed through revision - challenge to the order is based on grounds of suitability and cha...

Factual Background – Complaints were made by the petitioner under Sections 498A and 406 IPC against her husband and in-laws, alleging severe demands for dowry and subsequent physical and mental cruelty after her marriage in 1998 – The FIR was filed in December 2002 and charge-sheet filed in July 2004 – Magistrate took cognizance on the same day the charge-sheet was filed [Paras 2...

Criminal Procedure – Quashing of FIR – Settlement between parties – Petitioner sought quashing of FIR No.654/2021 dated 30.11.2021 under Sections 354D IPC, 1860, and Section 12 of POCSO Act, 2012 – Medical evidence indicating petitioner’s mental health issues – Settlement between parties – Father of the victim consenting to quash the FIR – Medical bo...

Quashing of FIR and Proceedings – FIR No. 46 Dated 11.05.2008 under Section 306/34 IPC – Suicide of Aruna Rani – FIR based on delayed statement of Paramjit Kaur citing harassment by 11 individuals – Suicide note in deceased’s handwriting but no direct evidence of abetment by named individuals – High Court finds no proximate link or clear mens rea for abetment &n...

Criminal Law – Quashing of Charges – Section 482 Cr.P.C. invoked for quashing the charges framed against the petitioners under Sections 498-A and 323 IPC for alleged dowry harassment – Background involves the marriage of non-petitioner No.2 with Suresh Kumar Narania and subsequent accusations of cruelty and dowry harassment by her in-laws and sister-in-law – Charges of 406 ...

Valuation of Shares – Section 56(2)(viib) Income Tax Act – Appellant challenged ITAT’s upholding of AO’s rejection of Discounted Cash Flow (DCF) Method in favor of Net Asset Value (NAV) Method for share valuation – ITAT’s decision questioned regarding its authority to substitute the valuation method – ITAT held DCF Method to be unrealistic, substituting it...

Petition for Quashing Award and Directing Consequential Benefits – Dismissed – Workman Status Not Proven – Petitioner sought quashing of the award passed by the Labour Court and consequential benefits. Court found that petitioner failed to prove his status as a ‘workman’ under the Industrial Disputes Act, 1947, and his claim of illegal termination. Discrepancies in pe...

Quashing of Section 153C Notices – Writ Petitions challenging validity – Notices under Section 153C of the Income Tax Act, 1961 quashed for most petitioners - Held – Notices unsustainable when no incriminating material related to assessment years in question found during search - Section 153C empowers reopening of six assessment years immediately preceding year of search, subject...