Triple Riding On Motorcycle Not Automatic Proof Of Contributory Negligence; High Court Can Enhance Award Even Without Cross-Appeal: Andhra Pradesh High Court Statutory Power To Lay Electricity Lines Prevails Over Private Land Claims; Landowners Entitled To Compensation, Not Obstruction: Bombay High Court Beer & Whisky Are Allied/Cognate Goods; Use Of Identical Mark For Spirits Infringes 'Godfather' Beer Trademark: Delhi High Court Minimum Percentile Fixed By Indian Nursing Council For B.Sc. Nursing Admissions Must Be Strictly Adhered To; Cannot Be Diluted Without Approval: Calcutta High Court Bride Not Expected To Keep All Gold In Personal Custody In Matrimonial Home; Entrustment To Husband Presumed: Kerala High Court Default Imprisonment Not Additional Punishment But Coercive Measure To Secure Fine; Cannot Become 'De Facto' Debtors' Prison: Karnataka High Court Mahant Is Only A Custodian Of Deity’s Property, Assets Gifted For Temple Maintenance Belong To Public Trust: Gujarat High Court Pendency Of Criminal Antecedents Alone Not A Ground To Deny Bail: Andhra Pradesh High Court Grants Bail In Abduction Case After 3-Year Delay In FIR Beer Falls Under ‘IMFL’ Category; No Obligation To Collect TCS On Sales Prior To June 2003: Telangana High Court Dismissal From Service For Negligence Without Proved Misappropriation Is Disproportionate: Orissa High Court Merit In A Case Does Not Justify Disregarding Statutory Delay: NCDRC Upholds Dismissal Of Star Health's Appeal Filed With 442-Day Delay Limitation Period Under Section 34(3) Arbitration Act Commences Only From Receipt Of Signed Copy Of Award: Madhya Pradesh High Court Government Employee Not Eligible For Regular Promotion During Pendency Of Vigilance Proceeding: Orissa High Court Arrest Warrants Against Directors Under Section 72 CP Act Should Be Last Resort; Proper Procedure Must Be Followed: NCDRC

"QUASHING" Digest

Land Laws – Village Common Land – Eviction – Petition by Gram Panchayat for land described as Gair MumkinChappar/pond within abadi deh – Collector dismissed the eviction petition, holding land does not vest in Gram Panchayat – Appellate Authority reversed, holding pond within abadi deh vests in Gram Panchayat under Section 2(g) of the Punjab Village Common Lands (Regu...

Village Common Land – Regularization of Unauthorized Constructions – Civil Writ Petition against rejection of regularization claim – Petitioner constructed house and cattle shed on Panchayat land – Claim based on long-term use by forefathers – Government reconsideration of earlier prohibitions against such claims – Matter remanded for reconsideration under new r...

Criminal Procedure - Quashing of FIR - Limitation Period - Excise Act - Petition for quashing FIR registered under Punjab Excise Act—FIR registered on 25.08.2016, challan presented on 23.02.2021—Cognizance taken barred by limitation under Section 75(2) of the Punjab Excise Act and Section 468 CrPC—Special sanction time exclusion plea untenable as limitation period had expired&mda...

Criminal Procedure - Quashing of FIR - Proclaimed Offenders - Acquittal of Co-Accused - Petitions by foreign citizens for quashing FIR and orders declaring them proclaimed offenders—Petitioners were unaware of FIR—Co-accused acquitted—Common allegations of cutting and taking away 40 trees in a land dispute—Evidence found insufficient to prove exclusive possession or commiss...

Criminal Law - Quashing of Complaint and Summoning Order - Petition under Section 482 CrPC - Complaint against company officials for offenses under Sections 120-B, 406, and 420 IPC - Magistrate conducted inquiry under Section 202 CrPC - Police report and documents examined - Magistrate found sufficient material to proceed - Petitioners' claim of non-consideration of police report and plea of f...

Criminal Law - Quashing of Complaint and Summoning Order - Petition under Section 482 CrPC - Complaint against Independent Director of company for offenses under Sections 120-B, 406, and 420 IPC - Petitioner served as Independent Director from 04.07.2018 to 14.02.2020 - Alleged offenses occurred between 2006 and 2017, prior to petitioner's involvement with the company - No material evidence in...

Criminal Law - Quashing of FIR and Charge-sheet - Petition under Section 482 CrPC - Criminal Appeal against the order of High Court refusing to quash FIR for abetment of suicide - FIR lodged for offenses under Sections 306, 506, and 34 IPC - Complainant filed no objection to the quashing of FIR - Allegations in suicide note and FIR vague and do not attract Section 306 IPC - Compromise reached betw...

Criminal Law – Abetment of Suicide – Quashing of FIR – Petitioners accused of abetting the suicide of the complainant's brother by refusing to repay money owed for construction work – FIR quashed – Court held that the mere non-payment of dues, without any positive act of instigation, does not constitute abetment under Section 306 IPC – Emphasized that there ...

Evidence Law - Secondary Evidence - Quashing of Order - Petition to quash order dismissing application for leading secondary evidence - Original documents produced in preliminary stage untraceable due to office shifting - Held, petitioner genuinely unable to produce original documents - Permitted to adduce secondary evidence as per exceptions under Sections 65 and 66 of the Indian Evidence Act - P...

Criminal Procedure - Quashing of FIR - Offence under Section 188 IPC - Petition to quash FIR on grounds that police registered it without written complaint from public servant - Held, Section 195 CrPC requires written complaint from public servant to take cognizance of offences under Section 188 IPC - FIR registered by police without such complaint is void ab initio - FIR and subsequent proceeding...