A Partition Suit Is a Suit for Land: Bombay High Court Rejects Plaint for Want of Clause XII Leave Senior Citizens Act Cannot Be A Shortcut To Reclaim Property Registered In Wife's Name: Bombay High Court Mere Issuance Of Summons Under Section 204 Cr.P.C. Does Not Give Rise To Apprehension Of Arrest – No Anticipatory Bail: Supreme Court State Cannot Balance Budgets on the Backs of Teachers: Punjab & Haryana High Court Orders Regularization of Contractual School Staff Authorities Cannot Interpret Court Orders On Their Own – Proper Course Was To Seek Clarification: Madras High Court Upholds One Month Civil Imprisonment For Disbursing ₹20 Crores In Violation Of Interim Order Seizure Under Legal Process Is Not A Blanket Immunity: Gauhati High Court Holds Railways Must Prove ‘Reasonable Foresight and Care’ Under Section 93 Income Tax Act | Faceless Assessment Cannot Become Opportunity-Less Assessment: Andhra Pradesh High Court Order XXXVII CPC | Procedure Cannot Eclipse Substantive Justice: Delhi High Court Revives Commercial Recovery Suit Dismissed for Want of Statement of Truth Mens Rea Is Sine Qua Non Under Section 2 Of The Prevention Of Insults To National Honour Act — Without Intention, There Is No Offence: Karnataka High Court Tribunal Cannot Sit In Appeal Over A Departmental Enquiry: Bombay High Court Restores Compulsory Retirement Of University Engineer Married Man’s Promise to Marry is ‘Deceit from Inception’ : Allahabad High Court Refuses to Quash Rape Case

"QUASHING" Digest

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...

Quashing of Bye-Election Notification – Writ Petition – Challenging validity of Election Commission’s notification for bye-election in Karnal Assembly Constituency – Held: Notification valid – Court finds no infringement of Representation of People’s Act or the Constitution – Writ petition dismissed. [Paras 1-36]   Constitutionality of Bye-Elect...

Quashing of Complaint and Related Proceedings under Section 482 CrPC - Petition filed by the petitioner under Section 482 CrPC seeking quashing of complaint No. COMA/736/2017 pending in the Court of ld. Chief Judicial Magistrate, Ludhiana, under Section 276CC of Income Tax Act, 1961, along with summoning order and framing of charges - Petitioner contends that matter has been settled by the Settlem...

Petition under Section 482 Cr.P.C. – Quashing of Criminal Complaint No.67 of 2014 for alleged misbranding under the Insecticides Act – Involvement of M/s Syngenta India Ltd. As the marketing company, not the manufacturer – [Para 1].   Facts of the Case – Inspection of Paramjit Kaur’s premises (sole proprietor of M/s Jagjit Singh & Sons) – Discover...