Criminal Proceedings – Quashing – Cheating and Criminal Breach of Trust – Dispute of non-payment of bills under a contract – Allegations of issuing dishonored cheques – High Court quashes entire criminal proceedings including order taking cognizance, finding the dispute to be primarily civil in nature. [Para 10-11]
Intention to Cheat – Importance of...
Quashing of FIR and Charge-sheet – Criminal Appeal by A.M. Mohan against High Court order rejecting his petition to quash FIR for cheating – FIR lodged for offenses under Section 420 read with Section 34 IPC involving financial transactions and real estate deals – Supreme Court finds no role of inducement or dishonest intention attributed to appellant in FIR or charge-sheet &ndas...
Criminal Law – Freedom of Speech and Expression – Obscenity and Decency – In an appeal challenging the FIR registered for alleged obscene content in a web-series, the Supreme Court delved into the nuances of Sections 67 and 67A of the IT Act. The Court examined whether the use of profane language in the web-series constituted obscenity or sexually explicit content warranting pros...
Quashing of Bail Orders – Murder Case – High Court granted bail to the respondents (Abdullah, Nasir, and Muzammil) accused of murder – Appellant challenged the bail orders – Alleged involvement of respondents in the murder of Khursheed Ahmad – Appellant, an eyewitness, opposed the grant of bail – High Court granted bail without considering relevant material &nda...
Quashing of Conviction – Criminal Appeal against High Court order confirming the conviction of the appellants under Section 302 read with Section 34 IPC – Appellants convicted for the murder of the deceased – Prosecution case based on eyewitness accounts of closely related witnesses – Witnesses allegedly tutored by police a day before recording evidence – Material con...
Criminal Law – Marital Disputes – Settlement and Conviction: The Supreme Court held that the conviction under Section 498-A IPC should be quashed in light of the settlement between the appellant and his wife, who have resolved their disputes and are now living together harmoniously. The High Court erred in not setting aside the conviction despite acknowledging the settlement. Appeal al...
Contract Law – Claim for Interest on Delayed Payment – Bonds issued by defendant SIDBI were transferred to plaintiff SIBCO during "suspect spell" – RBI directives and ongoing liquidation proceedings against CRB Capital influenced withholding of payment – Plaintiff accepted principal and accrued interest without protest, later demanded additional interest for delay...
Criminal Law – Quashing of Proceedings – Appellants accused of purchasing property alleged to have been attached due to prior financial misconduct by co-accused – Main allegations against co-accused for misappropriation in 1998-1999 – Appellants bona fide purchasers in 2019, with no registered attachment at purchase time – No prima facie case established against appel...
Quashing of Criminal Proceedings – Defective Vehicle – Compensation in Lieu of Replacement – The High Court quashed the FIR against the respondents for alleged cheating in the sale of a defective BMW car, but directed the replacement of the vehicle with a new one. The Supreme Court, noting the prolonged nature of the dispute and the manufacturer’s compliance willingness, di...
Criminal Law – Conviction – Eyewitness Testimonies – Appellant convicted under Sections 148 and 302/149 IPC – Prosecution's case based on testimonies of PW-1 and PW-2 – Material contradictions and improvements in testimonies – Cross-examination revealed inconsistencies and doubts about presence at the scene – Conviction cannot be sustained on such doub...