Presumption Of Correctness Of Judicial Records Not Absolute And Can Be Rebutted By Direct Evidence: Kerala High Court on Married Daughter Cannot Challenge Partition After 21-Year Slumber If She Had Knowledge: Madhya Pradesh High Court Kerala High Court Orders Immediate Suspension Of Lakshadweep CJM For Allegedly Forging Witness Deposition To Convict Accused Supreme Court Bars Post-Divorce Maintenance Claims When Wife Voluntarily Waived Maintenance In Settlement Agreement Advocate Is An Officer Of Court, Not Mere Agent Of Client: Allahabad High Court Distinguishes Between Active Concealment & Statement In Ignorance, Slaps Cost On Litigants For Misleading Bench Cannot Summon Accused Mechanically On Protest Petition Without Assigning Justifiable Reasons: Andhra Pradesh High Court Increment Not A Bounty: Allahabad High Court Rules Public Holiday Cannot Delay Pay Hike For Teachers Joining Next Working Day Paying Taxes Or Utility Connections Confer No Legal Ownership Over Govt Land': Andhra Pradesh High Court Orders Demolition Of Encroachment 'Cannot Compel Public Authority To Collect Data From Private Bodies': Bombay High Court Quashes CIC Orders Directing SEBI To Procure BSE Records Under RTI Act Section 10 CPC Cannot Stay Previously Instituted Title Suit Pending Subsequent Probate Case; Inherent Powers Under Section 151 Inapplicable When Probate Dismissed: Calcutta High Court Mere Phone Calls Without Transcripts No Ground For Murder Conspiracy: Delhi High Court Clear Violation Of Section 42 NDPS Act': Gujarat High Court Holds Failure To Record Secret Info In Writing Fatal When Police Officer Had Time To Act JK High Court Quashes Criminal Case Against Cop Accused Of Threatening Advocate Over Phone Call Without Prior Sanction Under Section 197 CrPC Custody Unwarranted For Mere Formalities Once Weapon Is Recovered: Kerala High Court Grants Regular Bail In BNS Axe Attack Case Circumstances Of Crime Can Be Assessed During Trial: High Court Upholds Trial Of Minor As Adult Under JJ Act In Murder Case Statutory Deposit Under Order 21 Rule 89 CPC Is A Sine Qua Non; Litigant Cannot Stall Auction Sale By Merely Blaming Counsel: Madras High Court

"QUASHING" Digest

Food Safety and Standards Act, 2006, Section 89 - Overriding effect - Overlap with Prevention of Food Adulteration Act, 1954 - The provisions of the Act of 2006 shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force. Held, Section 89 mandates that its provisions supersede the Act of 1954 in cases of overlapping jurisdiction. [Paras ...

Criminal Law - Quashment - Bharatiya Nagarik Suraksha Sanhita 2023 - Section 528 - Inherent power to quash proceedings to prevent abuse of process - Petitioners sought quashment of a final report alleging obstruction and intimidation of a police official during a theft enquiry - Factum of Petitioner No 1 being taken into custody without summons led to questioning by the petitioners which the prose...

Criminal Law - Quashing of Proceedings - Protection of Women from Domestic Violence Act 2005 and Indian Penal Code 1860 - Section 498A - Petitioners being the mother-in-law and father-in-law of Respondent No. 2 sought quashing of criminal proceedings under the DV Act and the IPC - Marriage solemnized in June 2021 and husband resided in the United States of America - Husband obtained a decree of di...

Criminal Law - Quashing of Proceedings - Code of Criminal Procedure 1973 - Section 482 - Inherent powers to prevent abuse of process - Petitioner challenged cognizance order for offences under Sections 294-A, 420, 120(B) IPC and Section 7(3) of Lotteries Act - Allegations involved illegal betting on 2019 World Cup cricket matches at Haryana Bhawan - Petitioner argued FIR was tampered and ante-time...

Criminal Law - Quashing of proceedings - Bharatiya Nyaya Sanhita 2023 - Sections 189(3) 223 126(2) and 293 - Petitioners assembled with flags to celebrate the 100th anniversary of their association and Vijayadasami festival - Prosecution alleged gathering caused public hindrance and transport disturbance - Charge sheet filed within nine days of complaint by Village Administrative Officer - Prosecu...

Criminal Law - Quashing of Proceedings - Indian Penal Code 1860 - Section 498A - Appellant-husband sought quashing of FIR No 58/2019 involving allegations of dowry harassment and physical cruelty following a marriage solemnized in 2017 - High Court quashed proceedings against mother-in-law and sister-in-law but refused relief to the husband and father-in-law on grounds of specific allegations - Fa...

Criminal Law - Quashing of Proceedings - Indian Penal Code 1860 - Section 153 - Wantonly giving provocation with intent to cause riot - Petitioners A1 and A2 sought to quash FIR registered for circulating false social media post claiming de facto complainant son was arrested with 60kg Ganja - Petitioners contended no provocation to cause rioting was established - High Court observed Section 153 IP...

Central Excise – Criminal Prosecution – Quashing – CESTAT Order Setting Aside Demand – Petitioner-company was alleged to have cleared goods by making fictitious debit entries in PLA account and fraudulently enhancing credit limit through fictitious TR-6 challans without actual deposit of duty, causing recoverable amount of Rs. 3,32,38,241/- – Criminal complaint filed ...

Matrimonial Law - Protection of Women from Domestic Violence Act 2006 - Section 3 - Quashing of Proceedings - Specific Allegations - Petitioner mother-in-law and father-in-law allegedly demanded articles during Pongal - Sisters-in-law allegedly taunted respondent and encouraged husband's unruly behavior and liquor consumption - Held - While dealing with an application to quash the Court must c...

Criminal Law - Jurisdiction - Protection of Women from Domestic Violence Act 2005 - Sections 12 and 27 - Competence of Designated MP/MLA Court - Petitioner a sitting Member of Legislative Assembly challenged the summoning order issued by the Additional Chief Judicial Magistrate at Rouse Avenue Courts Delhi - Contention that PWDV Act proceedings are predominantly civil and should be heard by the re...