Cognizance Is of the Offence, Not the Offender: Madras High Court Rejects Challenge to ED’s Supplementary Complaint in PMLA Case Acquittal in Rajasthan No Bar to Trial in Madhya Pradesh: MP High Court Rejects Double Jeopardy Plea in Antiquities Theft Case 20% Deposit Isn’t Automatic in Cheque Bounce Appeals: Right to Appeal Can’t Be Priced Out: Punjab & Haryana High Court Checks Mechanical Use of Section 148 NI Act A Child Is Not a Non-Earner: Punjab & Haryana High Court Sets New Benchmark in Compensation for Minors’ Deaths 90 Days Is Not Sacrosanct – Courts Can Permit Reply to Counter-Claim Even Beyond Prescribed Time in Interest of Justice: Punjab & Haryana High Court Magistrate Can Proceed Only for Offences Committed in India Until Sanction Is Obtained for Acts Outside India: Orissa High Court on International Financial Fraud Award Is Vitiated by Non-Consideration of Material Evidence: Orissa High Court Sets Aside Industrial Tribunal’s Wage Award in IMFA Case POCSO | Absence of Child's Name in Birth Certificate Not Fatal: Kerala High Court No One Has the Right to Impute Illicit Motives to Judges in the Name of Free Speech: Karnataka High Court Jails Man for Criminal Contempt DV Complaint Cannot Be Quashed at Threshold Under Article 227: Madras High Court Refuses to Interfere, Directs Accused to Seek Remedy Before Magistrate Recovery Wasn't From Accused's Exclusive Knowledge — Cylinder Already Marked in Site Plan Before Arrest: Allahabad High Court Acquits Man in Murder Case Setting Fire to House Where Only Minors Were Present is a Heinous Offence – No Quashing Merely Because Parties Settled: Calcutta High Court No Exclusive Possession Means Licence, Not Lease: Calcutta High Court Rules City Civil Court Has Jurisdiction to Evict Licensees Defendant's Own Family Attested the Sale Agreement – Yet She Called It Nominal: Andhra Pradesh High Court Upholds Specific Performance Renewal Not Automatic, No Evidence Of Notice Or Mutual Agreement: AP High Court Dismisses Indian Oil’s Appeal Against Eviction When Death Is Caused by an Unforeseeable Forest Fire, Criminal Prosecution Cannot Be Sustained Without Proof of Rashness, Negligence, or Knowledge: Supreme Court Proof of Accident Alone is Not Enough – Claimants Must Prove Involvement of Offending Vehicle Under Section 166 MV Act: Supreme Court Dismisses Appeal for Compensation in Fatal Road Accident Case Income Tax | Search Means Search, Not ‘Other Person’: Section 153C Collapses When the Assessee Himself Is Searched: Karnataka High Court Draws a Clear Red Line License Fee on Hoardings is Regulatory, Not Tax; GST Does Not Bar Municipal Levy: Bombay High Court Filing Forged Bank Statement to Mislead Court in Maintenance Case Is Prima Facie Offence Under Section 466 IPC: Allahabad High Court Upholds Summoning Continued Cruelty and Concealment of Infertility Justify Divorce: Chhattisgarh High Court Upholds Divorce Disguising Punishment as Simplicity Is Abuse of Power: Delhi High Court Quashes Dismissals of Civil Defence Volunteers for Being Stigmatic, Not Simpliciter Readiness and Willingness Under Section 16(c) Is Not a Ritualistic Phrase — Plaintiff Must Prove It With Substance, Not Just Words: Karnataka High Court FIR in Disproportionate Assets Case Quashed: Patna High Court Slams SP for 'Non-Application of Mind' and 'Absence of Credible Source Information' Ownership of Vehicle Linked to Commercial Quantity of Heroin – Custodial Interrogation Necessary: Punjab & Haryana High Court Denies Anticipatory Bail under Section 482 BNSS Death Caused by Rash Driving Is Not a Private Dispute — No FIR Quashing on Basis of Compromise in Section 106 BNS Cases: Punjab & Haryana High Court No Bank Can Override Court Orders: Rajasthan High Court Slams Axis Bank for Unauthorized Withdrawal from Court-Ordered FD"

"QUASHING" Digest

  Criminal Procedure Code, 1973 - Section 436, Section 437(5), Section 439(2) - Cancellation of Bail - Jurisdiction of Magistrate - Bail granted under Section 436 of Cr.P.C. - Sub-section (5) of Section 437 empowers the Magistrate to order arrest and custody if bail was granted under Section 437(1) or (2) - Bail under Section 436 not covered - Jurisdiction to cancel bail granted under Sect...

Defamation Trial – Petitioner, an acclaimed journalist and Managing Editor of 'Daily Ajit' and 'Ajit Samachar', facing defamation trial for 15 years – Dismissal of criminal revision petition by Sessions Court challenged – Petition filed under Section 482 CrPC for quashing summons in defamation case. [Para 1]   Publication of Alleged Defamatory News &nda...

Abetment of suicide - Essential elements - Mere allegations of harassment not sufficient to establish guilt - Conviction under Section 306 IPC requires proof of instigation or intentional aid to the commission of suicide - Direct or indirect act/s of incitement needed - Act/s should be proximate to the time of occurrence - Absence of abetment element from the allegations renders offence under Sect...

Quashing of Complaint and Summoning Order – Section 482 of Cr.P.C. – Petitioners, former employees of financial institutions, sought quashing of complaint and summoning order for charges under Section 58A(10) of the Companies Act, 1956, related to non-repayment of deposits by Euro Cotspin Limited. [Para 1]   Facts and Background – Euro Cotspin Limited failed to repay d...

Recruitment Notification Validity - Karnataka Public Service Commission (KPSC) notification for lecturer posts in Home Science without specifying subject specializations held valid - Tribunal and High Court erred in quashing the notification - Supreme Court found no mandate in recruitment rules for subject-wise specification - Set aside judgments, upheld recruitment process. [Paras 2-3, 8, 12, 17-...

Quashing Criminal Proceedings – Inherent Powers of High Court – Section 482 CrPC – The High Court must provide a reasoned and speaking order while quashing criminal proceedings – The ground "no useful purpose will be served by prolonging the proceedings" is inadequate for quashing proceedings when a clear case for the offences alleged is made out – High Cour...

Criminal Law – Quashing of Complaint – Section 202 of Cr.PC – The Supreme Court considered whether the summoning order in a criminal complaint could be upheld when the accused resided outside the territorial jurisdiction of the Magistrate without adherence to Section 202 of the Cr.PC. The Court delved into the procedural aspects of issuing a summoning order and the mandatory requ...

Quashing of Summoning Order - Non-Executive Independent Directors - The petitioners, being Non-Executive Independent Directors of HDIL, challenged the summoning orders issued against them in relation to dishonoured cheques. The court observed the necessity of proving the day-to-day involvement of these directors in the company's affairs for holding them liable under Section 138 of the NI Act. ...

Criminal Law – Quashing - Preventive Detention – Challenge to Detention Order – validity of a detention order issued under the Maharashtra Prevention of Dangerous Activities Act (MPDA Act) against the petitioner, Nilesh Sunil Pendulkar. The order was challenged on several grounds, including delay in issuance, non-consideration of bail orders, and violation of constitutional right...

Criminal Procedure Code – Quashing of FIR – Petition under Section 482 CrPC – Kalandra under Section 182 IPC against petitioners (complainant and shadow witness in a bribery case) – Allegation of giving false information and resiling from initial statement – Competent authority denied sanction for prosecution – Kalandra and consequent proceedings quashed. [Paras...