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

Quashing of FIR under Section 482 of the CrPC – Allegations under Section 8, 15 of the NDPS Act, 1985 – Petitioner accused of involvement in transportation of contraband poppy straw – No recovery of contraband from the petitioner – Absence of tangible evidence linking petitioner to the crime – Reliance on disclosure statement of co-accused under Section 27 of the Indi...

Amendment of Complaint – Prohibition in Criminal Procedure – Held, amendments in criminal complaints, particularly regarding substantial aspects like cheque dates, are not permissible under the Criminal Procedure Code. Cites absence of provisions allowing such amendments. [Para 8-14] Typographical Error in Complaint – Not a Simple Infirmity – Examines the distinction bet...

Quashing of FIR  – Application under section 482 Cr.P.C. for quashment of FIR – FIR lodged by the wife against the husband and other family members for offences under sections 498-A, 506, 34 of IPC read with section 3/4 of the Dowry Prohibition Act – Allegations of harassment for dowry and mental cruelty – Applicants sought quashment of FIR on grounds of vague and gene...

Delay in Filing Revision – Criminal Revision filed 275 days late due to reasons stated in an affidavit and condoned based on mutual consent of parties – Crl. Misc. Delay Condonation Application No. 01 of 2024 allowed. [Para 3]   Bigamy Allegations – Revisionist, accused of solemnizing a second marriage without divorce from the first spouse, presents evidence of long se...

Service Law - Seniority Dispute in Railway Protection Force –Consolidated Writ Petitions – Involves reevaluation of seniority lists affecting several petitioners with similar legal issues and facts. Seniority perturbed by the issuance of provisional combined seniority list and an earlier order, both of which are challenged. Held that redrawing seniority based on these actions is inappr...

Criminal Law – Quashing of Summoning Order and Charge Sheet – Application under Section 482 Cr.P.C. – Summoning order and charge sheet challenged on grounds of hasty and tainted investigation – Alleged offense of passing obscene comments against women – Absence of independent witnesses or examination of affected females – Violation of mandatory provisions under ...

Obscenity and Privacy – Watching obscene content in private time – Whether it amounts to an offence under Section 292 IPC – Court's role in determining the same – The accused was charged with watching obscene videos in his mobile phone in public – No allegation of distribution or exhibition – Section 292 IPC requires evidence of sale, distribution, or public...

Question of Law – The Court re-framed the issue as to whether the ITAT was justified in finding the assessment under Section 153A of the Income Tax Act, 1961, bad, when no assessment proceedings were pending at the time of initiation under Section 153A. [Para 2]   Factual Background – The original assessment of the respondent for the year 2002-03 was completed under Section ...

Criminal Procedure – Quashing of Proceedings – Section 482 Cr.P.C. – Application to quash charge sheet, cognizance order, and entire proceedings under IPC and SC/ST Act – Applicants argued delay in FIR filing and lack of proper investigation – Court held prima facie case exists based on charge sheet and cognizance order – No grounds for quashing established &nda...

Detention Order and Background – Petitioner, previously involved in three cases under the NDPS Act and various IPC matters, challenges the legality of his detention order – background includes previous acquittal and ongoing trials where the petitioner is either bailed or acquitted [Paras 3-7]. Authority’s Justification – Detaining authority’s order emphasized ongoi...