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

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...

Criminal Law – Quashing of FIR and Charge-Sheet – Revisional application under Sections 482 and 401 Cr.P.C. – Petitioner’s marriage dissolved by mutual consent under Section 13B of the Hindu Marriage Act, 1955 – Continuation of criminal proceedings under Sections 498A/406 IPC deemed abuse of process – High Court’s inherent powers invoked to prevent miscarr...

Criminal Law - Quashing of Complaint and Summoning Order – Petition under Section 482 Cr.P.C. by the marketing company and its Regional Manager, challenging the legality of the criminal complaint and subsequent proceedings concerning the sale of allegedly substandard fertilizer - The Punjab and Haryana High Court held that no prima facie case against the marketing company and its Regional Ma...

Quashing of Notifications – Land Acquisition – Challenge to the acquisition process under the Land Acquisition Act, 1894 – Petitioners seek quashing of two notifications (Annexures P-1 and P-3) for the acquisition of land for residential development in Sectors 1 and 2, Palwal – High Court upholds the validity of notifications and acquisition process, emphasizing compliance ...

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...