Possession and Part Performance: Stamp Duty Compliance Is Non-Negotiable, Says Delhi High Court Calcutta High Court Declares Disciplinary Action as ‘Shockingly Disproportionate’, Orders Reduction in Rank for Petitioner No Profits, No Deduction — Section 33AC Must Precede 80-I Calculation in Shipping Tax Disputes: Bombay High Court Equity and Merit Must Coexist: Kerala High Court Rules on Regularisation of Temporary Forest Department Employees Lawyers Have No Right to Strike: Madras High Court in Contempt Case Encroachment is like committing a 'dacoity' against public resources: Delhi High Court. High Court Rejects Plea of Kindergarten School Against ESI Contribution Assessment Kerala High Court Quashes Rape Proceedings Citing 'Humanitarian Consideration' After Accused Marries Victim Procedural Delays Do Not Justify Condonation of Delay," Rules Delhi Consumer Commission in National Insurance Case Elements of Section 300 IPC Are Not Made Out: Rajasthan High Court Quashes Murder Conviction in 1987 Beating Case Registrar Cannot Be a Judge of His Own Cause: Punjab and Haryana High Court Quashes Amendments MP High Court Upholds Prosecution for Forged Patta: 'Accountability in Public Office is Non-Negotiable Approval Must Be Granted for Altruistic Kidney Donations," Rules Madras High Court Grave Illegality in Appellate Remand: High Court of Rajasthan Orders Reassessment on Merits Commissioner Lacked Authority for Retrospective Cancellation: Punjab & Haryana High Court Restores Educational Trusts' Registrations Intent is Crucial in Violent Crimes: Single Blow with Axe Does Not Imply Attempt to Murder," Rules Madhya Pradesh High Court

"QUASHING" Digest

Criminal Procedure – Quashing of Summons under Prevention of Money Laundering Act (PMLA) – Appellants sought quashing of summons issued by Directorate of Enforcement (ED) under Section 50 PMLA – Supreme Court held that the provisions of PMLA, being a self-contained code, prevail over the Code of Criminal Procedure (CrPC) – Summons issued under Section 50 are valid, and appe...

Criminal Law – Quashing of Proceedings – Section 482 of Cr.P.C. – The petitioners sought quashing of criminal proceedings under Sections 386, 449, 326, 365, 506, 120B, and 34 of the IPC, contending that the allegations made in the complaint were fabricated and unsupported by material evidence. Upon review, the court found discrepancies between the allegations of assault and the m...

Quashing of Criminal Proceedings – Validity of Charges – Petitioners challenged the charge-sheet and criminal proceedings initiated under the Prohibition of Child Marriage Act and POCSO Act – Evidence presented indicated the victim was of legal age at the time of marriage – FIR alleged child marriage based on hearsay without verifying facts – Continuation of proceedin...

Criminal Law – Quashing of FIR – Heinous Offences – Petition to quash FIR for rape under Section 376(2)(n) IPC on the basis of compromise between the parties – Prosecutrix claimed allegations were made in a fit of anger – Court held that FIRs involving serious offences like rape cannot be quashed even if a compromise is reached – Petition dismissed. [Para 12-13]...

Land Laws – Village Common Land – Eviction – Petition by Gram Panchayat for land described as Gair MumkinChappar/pond within abadi deh – Collector dismissed the eviction petition, holding land does not vest in Gram Panchayat – Appellate Authority reversed, holding pond within abadi deh vests in Gram Panchayat under Section 2(g) of the Punjab Village Common Lands (Regu...

Village Common Land – Regularization of Unauthorized Constructions – Civil Writ Petition against rejection of regularization claim – Petitioner constructed house and cattle shed on Panchayat land – Claim based on long-term use by forefathers – Government reconsideration of earlier prohibitions against such claims – Matter remanded for reconsideration under new r...

Criminal Law – Quashing of FIR under Sections 498A, 406, 420, 506(2), 114 IPC and Sections 3, 7 of the Dowry Prohibition Act – High Court quashed the FIR and all consequential proceedings against the accused (father-in-law and mother-in-law) under Section 482 CrPC – The complainant filed a case alleging harassment after marriage, but the Court found the allegations to be general ...

Criminal Procedure – Quashing of FIR – Non-Cognizable Offense – Public Gambling Act – Investigation without Magistrate’s Permission – Petition for quashing of FIR under Section 13-A of the Public Gambling Act – FIR related to recovery of Rs. 1,23,50,000/- alleged to be gambling money – Held that investigation of non-cognizable offense without Magistr...

Criminal Procedure – Quashing of Proceedings – Section 174-A IPC – The applicants sought quashing of the proceedings under Section 174-A IPC, initiated on the basis of an FIR rather than a written complaint by the court, which issued the proclamation under Section 82 CrPC. The High Court, relying on the settled legal position, held that proceedings under Section 174-A IPC can onl...

Criminal Law - Quashing of FIR - Abuse of Process - The petitioners sought quashing of an FIR registered under Sections 406, 409, 420, 424, and 120B IPC, arguing that the case was a civil dispute wrongfully given a criminal dimension. The court observed that while the power to quash FIRs should be exercised sparingly, the allegations in this case, including those of fraud, breach of trust, and con...