Stationary Vehicle Parked At Night Without Warning Signs Poses Evident Hazard; SC Refuses To Reduce Compensation For CA Student’s Death Motor Accident Claims: 100% Loss Of Earning Capacity To Be Considered If Amputation Prevents Manual Worker From Pursuing Sole Avocation: Supreme Court Substantive Amendments Rendering Land Transfers 'Void' Are Prospective; Cannot Invalidate Decades-Old Sale Deeds: Supreme Court Registered Sale Deed Carries Formidable Presumption Of Genuineness; Minor Witness Discrepancies Cannot Invalidate Decades-Old Document: Supreme Court Mere Breach Of Sale Agreement Not Cheating Unless Dishonest Intent Existed From Inception: Telangana High Court Mining Lease Applications For First Schedule Minerals Deemed 'Disposed Of' Once Recommended & Approved Prior To 2015: Supreme Court Prolonged Incarceration Under NDPS Act Militates Against Article 21; Conditional Liberty Must Override Section 37 Embargo: Supreme Court Perpetual Minor Status Of Deity Does Not Exempt It From Limitation Laws; Condonation Requires 'Sufficient Cause': Orissa High Court State Cannot 'Approbate And Reprobate' Bravery: MP High Court Mandates Out-Of-Turn Promotion For Cop Who Rescued Truck From 200-Foot Gorge Drugs Controller Can Regulate Misleading Discount Boards In Medical Shops; Right To Business Not A Shield For Deception: Kerala High Court Courts Cannot Direct Parliament To Adopt Rotational Reservation For Assembly Seats; Section 9(1)(c) Delimitation Act Valid: Allahabad High Court Official To Pay Rs 20,000 Costs From Own Pocket: Andhra Pradesh High Court Holds Municipal Commissioner Liable For Failing To Take Court Orders To 'Logical End' IPC Sections 406 & 420 Cannot Co-exist On Same Set Of Facts; Substantial Compliance Enough For Section 156(3) CrPC Affidavit: Kerala High Court Family Courts Duty-Bound To Declare Marital Status In Mutual Consent Muslim Divorces Even If Wife Admits Divorce: Gujarat High Court Allottee’s Right To Interest For Delayed Possession Under Section 18 RERA Is Absolute; Not Fettered By Section 55 Contract Act: Bombay High Court Sentencing Not A Purely Retributive Exercise Divorced From Factual Matrix: Supreme Court Reduces Jail Term Of Man Who Forged Bail Documents

"QUASHING" Digest

Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 - Inherent Powers of High Court - Maintainability vs. Alternative Remedy - Preliminary objection by State that petitioner has alternative remedy of seeking discharge before Trial Court. Held, existence of alternative remedy is not an absolute bar to the exercise of jurisdiction under Section 528 BNSS if continuation of proceedings amounts to an...

Criminal Law - Bharatiya Nagarik Suraksha Sanhita, 2023, Section 384 - Interpretation of Phrase - Before rising of the Court on the same day - Petitioners contended that cognizance taken at 7:30 p.m. was beyond regular court hours and thus without jurisdiction - Held, a Court is not a time-clock institution; the expression "before rising of the Court" refers to the actual sitting and adj...

Bharatiya Nagarik Suraksha Sanhita, Section 483 - Bail - NDPS Act - Custodial necessity - Petitioner arrayed as an accomplice based on information from co-accused Jawan Singh - No recovery of contraband effected from the petitioner - Co-accused and other similarly placed persons already granted bail by a Coordinate Bench - Investigation complete and charge sheet filed - Held, looking at the period...

Immigration and Foreigners Act, 2025 – Section 21 – Quashing of Charge Sheet – Religious Persecution Exemption – Petitioner, a Hindu woman from Khulna, Bangladesh, entered India on 07.12.2024 through Ghojadanga Land Border with valid passport and VISA valid till 06.01.2025 – Married an Indian citizen in December 2024 – On 29.12.2025, implicated in Bongaon P.S. C...

Criminal Law – Rape – Promise of Marriage – Quashment of Proceedings – Appellant charged under Sections 376(2)(n), 377 and 506 IPC on allegations that he established physical relationship with complainant under false promise of marriage – Both parties were previously married; complainant had posted matrimonial advertisement even before her divorce was finalised &ndash...

Sexual Harassment — Section 354-A IPC — Quashing of FIR — Use of Abusive Language in Workplace Email — FIR registered against petitioner (Director of a company) for allegedly using the expression 'f*** off' in an email exchange with the complainant (Business Manager) during a dispute over medical leave — FIR lodged after more than four months of the incident, ...

Quashing of Charge Sheet – Matrimonial Offences – Section 498A/406/34 IPC – Omnibus Charge Sheet – The third petitioner (wife of the private opposite party) had lodged a prior complaint on 16.01.2023 apprehending false implication — as a counterblast, the private opposite party (wife) lodged complaint on 20.01.2024 leading to registration of Survey Park PS Case No. 18...

Criminal Complaint – Quashing under Section 482 Cr.P.C. – Petitioners challenged the summoning order by the Trial Court, claiming lack of essential ingredients of the alleged offences – Cited Supreme Court precedents on the necessity of reasoned orders for summoning – Court observed complaint lacked specific allegations and appeared motivated by personal vendetta – Co...

Criminal Law – Quashment – Section 498-A RPC – Omnibus and Vague Allegations – Matrimonial Dispute – Complainant-wife alleged mental and physical harassment, dowry demand, and illicit relations of husband with co-petitioner Arti Devi – Charges framed under Sections 498-A and 506 RPC – Held: Where allegations of cruelty, harassment, and dowry demand are who...

Criminal Law – Abetment of Suicide – Section 306 IPC – Quashing of Charge – Appellant charged under Section 306 read with Section 34 IPC for allegedly abetting the suicide of deceased Komal Sahu, who was found hanging from a tree – Charge framed by Sessions Court on 16.12.2024 – High Court dismissed revision application holding prima facie ingredients of Section...