Section 32 Arbitration Act | Termination for Non-Payment of Fees Ends Arbitrator’s Mandate; Remedy Lies in Section 14(2): Supreme Court False Allegations of Dowry and Bigamy Amount to Mental Cruelty: Madras High Court Upholds Divorce Plaintiff Must Prove Her Own Title Before Seeking Demolition Of Defendant’s Pre-existing House: Andhra Pradesh High Court Mismatch Between Bullet and Recovered Gun Fatal to Prosecution: Calcutta High Court Acquits Man Convicted for Murder Where the Conduct of the Sole Eye-Witness Appears Unnatural and No Independent Witness Is Examined, Conviction Cannot Stand: Allahabad High Court Fraudulent Sale of Vehicle During Hire Purchase Renders Agreement Void: Gauhati High Court Upholds Decree for Refund of ₹4.90 Lakhs Unsigned Written Statement Can’t Silence a Defendant: Hyper-Technical Objections Must Yield to Substantive Justice: Delhi High Court Default Bail | No Accused, No Extension: Delhi High Court Rules Custody Extension Without Notice as Gross Illegality Under Article 21 Gratuity Can Be Withheld Post-Retirement for Proven Negligence Under Service Rules – Payment of Gratuity Act Does Not Override CDA Rules: Calcutta High Court 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 State Can’t Block SARFAESI Sale by Late Revenue Entries: Secured Creditor’s Charge Prevails Over Tax Dues: Punjab & Haryana High Court Slams Sub-Registrar’s Refusal Providing SIM Card Without Knowledge of Its Criminal Use Does Not Imply Criminal Conspiracy: P&H High Court Grants Bail in UAPA & Murder Case Importer Who Accepts Enhanced Valuation Cannot Later Contest Confiscation and Penalty for Undervaluation: Madras High Court Upholds Strict Liability under Customs Act "Allegations Are Not Proof: Madras High Court Refuses Divorce Without Substantiated Cruelty or Desertion" When FIR Is Filed After Consulting Political Leaders, the Possibility of Coloured Version Cannot Be Ruled Out: Kerala High Court Mere Allegations of Antecedents Without Conviction Can't Defeat Right to Anticipatory Bail: Kerala High Court Section 106 Of Evidence Act Cannot Be Invoked In Vacuum – Prosecution Must First Lay Foundational Facts: Karnataka High Court Acquits Wife And Co-Accused In Husband’s Murder Case Parity Cannot Be Claimed When Roles Are Different: Karnataka High Court Refuses Bail to Youth Accused of Brutal Killing Injured Wife Would Not Falsely Implicate Her Husband: Gauhati High Court Upholds Conviction in Domestic Stabbing Case Disputed Bids, Missing Evidence and No Prejudice: Delhi High Court Refuses to Intervene in Tender Challenge under Article 226 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

"QUASHING" Digest

Quashing of FIR and Charge-sheet – Criminal Revisional Jurisdiction – Petition for quashing proceedings under Sections 420/120B/34 of the IPC – Allegations of cheating and fraudulent inducement in vehicle purchase transaction – Company and its directors accused – Petitioner a director of the company – Alleged cancellation of agreement and non-refund of advance a...

  Disbursement of Industrial Promotion Assistance – Civil Appeal in High Court – State of West Bengal vs. Birla Corporation Ltd. – Intra-court mandamus appeal challenging the order for disbursement of sanctioned amounts to Birla Corporation Ltd. Under West Bengal Incentive Scheme, 2000 – Held, special package for ‘Mega Projects’ allows Industrial Promoti...

Quashing of Cognizance and Process – Criminal Revision against dismissal of petition to quash cognizance and process – Petitioner accused of offenses under Sections 354A(1)(iv)/34 IPC – Allegations by actress against petitioner – Cognizance and process issued without proper application of judicial mind and procedural requirements – Petitioner challenges orders before ...

Criminal Law – Quashing of Proceedings – Petition for quashing criminal proceedings arising out of contractual disputes concerning commission payments in marketing agreements – Allegations of cheating and criminal breach of trust under Sections 406, 418, and 420 IPC – Held that disputes were essentially of a civil nature and did not constitute criminal offenses – All ...

NDPS Case - Petitioner seeks quashing of order dismissing application to preserve call details record of his mobile - Dispute over date and circumstances of petitioner's arrest - Prosecution alleges arrest on 10.10.2021 from highway, petitioner claims abduction by police on 09.10.2021 near his house - Petitioner's request for tower location and call details preservation - Similar cases con...

Quashing of Proceedings – Revision applications against continuation of criminal proceedings under Sections 418/420/406/120B IPC – Allegations of cheating, criminal breach of trust, and conspiracy in business contracts with M/s. Tata Metalliks – Complaint originated from contractual disputes over commission payments in government tender procurements – Held that disputes are...

Criminal Procedure – Quashing of FIR – Section 482 Cr.P.C. – Court considered a petition under Section 482 of the Cr.P.C. for quashing FIR No. 38 dated 01.07.2022 under Sections 420 & 120-B of IPC, alleging cheating and criminal conspiracy, linked to a breach of a marital agreement. The Court scrutinized the details of the agreement and the FIR to determine the nature of the ...

Criminal Law - Quashing of Charge Sheet - Revisional application under Sections 401 and 482 CrPC - Allegation of inducing cohabitation under false promise of marriage - Petitioner accused of deceiving married woman into sexual relations by promising marriage upon securing employment - Charge sheet filed for offenses under Sections 417 and 376 IPC - High Court reviewed submissions, evidence, and pr...

Quashing of NBW Sought by Petitioner – Alleged involvement in bribery to influence a CBI case – Petitioner's repeated absence and failure to comply with court directives – Non-Bailable Warrants (NBW) issued – Petitioner’s application under Section 482 Cr.P.C. seeking quashing of NBW and related proceedings [Paras 1, 9-14, 20-38].   Quashing of Non-Baila...

Criminal Procedure Code, 1973 (Cr.P.C.) – Section 482 – Quashing of Proceedings – Petition for quashing of criminal complaint under the SC/ST Act and IPC sections due to compromise between parties – Settlement reached out of court with no coercion or undue influence – Emphasis on the legal system’s goal to reconcile social conflicts and minimize adverse societal...