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 – Summoning and Cognizance Orders – Quashing of summoning and cognizance orders along with consequential orders due to lack of application of judicial mind and procedural irregularities – No evidence indicating the applicants intended to cause death or had knowledge their actions would result in death – Demolition leading to accidental death does not meet crite...

Criminal Law – Quashing of FIR – Petition under Section 482 Cr.P.C. – Allegations of dowry harassment and domestic violence – FIR against entire family of husband including those living separately – Specific allegations only against husband and parents – General, vague, and bald allegations against others – No prima facie case against distant relatives...

Civil Procedure – Rejection of Plaint – Jurisdiction of Civil Court – Appellants sought permanent prohibitory injunction against interference with possession of suit land declared as evacuee property – Trial court rejected plaint citing lack of jurisdiction under J&K State Evacuees’ (Administration of Property) Act, Svt. 2006 – Rejection upheld by First Appe...

Negotiable Instruments – Section 138 – Quashing of Complaints – Grounds for Quashing – Petitioner contended that the complaints should be quashed due to the absence of partnership deed and authorization, and lack of requisite license under the Money Lenders and Accredited Loan Providers Act – High Court held that authorization and partnership deed issues should be exa...

Criminal Procedure – Registration of FIR – Complaint Handling Post Cognizance – Petitioner challenged the order directing registration of FIR under Section 156(3) Cr.P.C. after the Magistrate recorded the complainant’s statement under Section 200 Cr.P.C. – Held that once cognizance was taken by recording the statement, the Magistrate could not issue directions for FIR...

Criminal Law – Quashing of Proceedings – Petitioner Biplab Jana @ Rohit sought quashing of proceedings in Marishda Police Station Case No. 148 of 2015, charged under Sections 306/34 IPC for abetment of suicide – Allegations included continuous harassment and attempted molestation leading to the victim’s suicide – The petitioner claimed he was falsely implicated due to...

Quashing of FIR – Section 482 CrPC – Petitioner sought quashing of FIR alleging cheating, criminal breach of trust, and caste-based abuse – Allegations involved inducement to pay large sums to bribe judges – Court held FIR cannot be quashed as investigation is at a preliminary stage – Specific allegations of serious nature requiring investigation – Petitioner gr...

Negotiable Instruments Act - Maintainability of Complaint - Proprietorship Firm Criminal Petition under Section 482 Cr.P.C. seeking quashing of proceedings under Section 138 of the N.I. Act - Payee of the cheque was "Sri Vasavi Traders" - Complaint filed by S.M. Ravindrashetty, the sole proprietor of the payee firm - Contention that the complaint must be filed in the name of the payee...

Kerala Police Act – Section 119(1)(a) – Quashing of Proceedings – Petition to quash proceedings under Section 119(1)(a) of the Kerala Police Act for alleged sexual gestures in public degrading the dignity of women – Accused’s actions not specified in FIR or Final Report – No evidence of discernible sexual gestures – Court found the prosecution case to b...

Criminal Conspiracy - Quashing of charges against the applicant - Allegation of giving a false opinion in a criminal conspiracy - Charges under Sections 120B (Criminal Conspiracy), 420 (Cheating), 406 (Criminal Breach of Trust) of the Indian Penal Code (IPC) - Cognizance and summoning order challenged - Lack of Specific Conspiracy Details - Bald and Omnibus Nature of Allegation - No Mention of a C...