Income Tax – Re-opening of Assessment – High Court quashes notice for re-opening assessment due to lack of tangible material – Supreme Court finds that objective material existed justifying re-opening based on search proceedings, seized documents, and statements under Section 132(4) – Assessment originally accepted under Section 143(1) without scrutiny, thus not shielding f...
Criminal Appeal – Quashing of FIR – High Court's rejection of petition under Section 482 of CrPC without considering the merits – Strange approach by the High Court – Order set aside, and the case remanded to the High Court for consideration on merits.
Interim Relief – Extension of interim relief granted by the Supreme Court – Appellant allowed to apply ...
Criminal Appeal – Dowry Harassment – Allegations of dowry harassment and cruelty against in-laws by Bhawna – Appellants, Kusum Lata, Abhishek, and Sourabh, accused of subjecting Bhawna to mental and physical harassment – Allegations pertain to the period from 2007 to 2013 – Divorce proceedings initiated by Bhawna’s husband, Nimish. [Para 18-21]
Inconsistencie...
Criminal Procedure Code – Quashing of Proceedings – Section 482 CrPC – The Supreme Court evaluated the High Court's exercise of power under Section 482 of the Criminal Procedure Code, 1973, in quashing criminal proceedings based on a settlement agreement. The case involved the quashing of FIR and subsequent proceedings in a case of serious offences including abduction and ass...
Quashing of Conviction and Sentences – Criminal Appeal against High Court's reversal of acquittal – Appellants convicted under Sections 302, 201 and 34 IPC for murder of Mahesh Sahu – Supreme Court finds High Court erred in reversing well-reasoned acquittal based on conjectures and surmises – Held, the trial judge's findings were on correct appreciation of evidence,...
Quashing of FIR – Abuse of Process of Law – The Supreme Court set aside the judgment of the Allahabad High Court and quashed the FIR registered against the appellant for offences under Sections 376 and 506 of the IPC. The apex court found that the allegations made in the FIR were baseless and constituted an abuse of the process of law, as the relationship between the appellant and the ...
Criminal Appeal – Quashing of FIR – Alleged theft, house trespass, and criminal intimidation – FIR registered under sections 457, 380, and 506 of the IPC – High Court quashed the FIR – Appeal allowed, High Court judgment set aside, and the matter ordered to proceed in accordance with the law. [Para 16-17]
Partnership Dispute – Dispute between family members r...
Abetment of Suicide – Section 306 IPC – Mens Rea and Instigation – The Supreme Court held that a teacher reprimanding a student for indiscipline, which is part of the teacher’s duty, does not constitute abetment of suicide unless there is clear mens rea to instigate the suicide. In this case, the appellant acted within his duties without any intention to provoke the student...
Criminal Appeal - Quashing of Criminal Complaints - Allegations of dishonored cheques and liability under various sections of NI Act and IPC - Respondent claimed retirement from partnership firm and sought quashing of proceedings - High Court quashed summoning order and complaints - Appeal against High Court's order - Whether the order quashing summoning order and complaints against respondent...
Banking Law – Disciplinary Proceedings – Misconduct by Bank Manager – Respondent sanctioned advances in violation of Head Office instructions causing financial loss to the bank – Disciplinary action taken under Clause 22(ix)(a) of the Bank of Cochin Service Code – Respondent dismissed from service after inquiry – High Court quashed disciplinary proceedings citin...