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

Criminal Law - Quashing of FIR – Section 482 CrPC – FIR registered under Sections 384, 511, and 506 IPC for alleged extortion and threat – Petitioner accused of attempting to extort money by threatening to implicate the complainant in a false rape case – Held, non-disclosure of previous application under Section 156(3) CrPC by complainant – Legal issues can be raised ...

Criminal Law - Vicarious Liability – Marketing Firm's Responsibility under Insecticides Act – Petition under Section 482 CrPC seeking quashing of criminal complaint – Petitioners are marketing agents, not manufacturers – Sample from sealed packet with no allegation of tampering or improper storage – Marketing firm cannot be held vicariously liable for misbranding ...

Proclaimed Offender – Quashing of Order – Improper Service – Petitioner declared proclaimed offender and FIR registered under Section 174-A IPC due to non-appearance in a cheque dishonor case under Section 138 NI Act – Held, the correct address of the petitioner was not furnished by the complainant, resulting in non-service of summons – Mandatory 30-day period for app...

Criminal Procedure – Quashing of Proceedings – Compromise – Petition filed for quashing of DDR under Sections 323, 324, 148, 149 IPC in FIR under Sections 323, 324, 325, 148, 149 IPC, and the order declaring the petitioner a proclaimed offender. Statements of parties recorded before SDJM, confirming the compromise was voluntary. The petitioner appeared before the trial court and ...

Criminal Law – Quashing of FIR and Charge-sheet – Criminal appeal against initiation of prosecution under TOHO based on second FIR – Challenge on grounds of constitutional violations and procedural lapses – TOHO being a special Act, its provisions take precedence over general laws – Supreme Court interpretation mandates that complaints under TOHO must be initiated by ...

Criminal Law - Medical Negligence - Quashing of Criminal Complaint and Summoning Order –Criminal Appeal against summoning order for offense under Section 304-A IPC – Allegation of medical negligence against appellant in the treatment of respondent's wife – Contention that summoning order was passed without obtaining necessary medical opinion from a government doctor as mandat...

Land Law – Resumption of Plot – Power of Resumption – Petition against resumption of booth site due to default in installment payments – Petitioner paid 25% of auction price and three installments – Additional Rs. 1 lakh deposited between 1996-1997 – HUDA resumed booth in 2001 citing default – High Court holds power of resumption as ultimate civil sanction...

Criminal Procedure - Quashing of FIR based on Compromise - Section 307 IPC - High Court's power under Section 482 CrPC to quash criminal proceedings even in non-compoundable offenses if the settlement serves justice and prevents abuse of process - The court emphasized that each case should be considered on its own merits, evaluating the possibility of conviction, nature of injuries, weapon use...

Criminal Law – Quashing of Proceedings – Petition to quash criminal proceedings against the petitioner who was accused of quid pro quo investments and receiving undue benefits from government projects – The High Court dismissed the petition, emphasizing the limited scope of Section 482 CrPC and the need for trial to determine the factual disputes and criminal liability [Paras 1-6...

Negotiable Instruments Act – Vicarious Liability – Quashing of Complaint – Petitioner, a Director of M/s. Santur City (P.) Ltd., signed cheques drawn in the name of the company – Complainant filed a complaint for dishonour of cheques under Section 138 of the Act against the petitioner without impleading the company as a party – Held, cheques issued by the company and ...