Stationary Vehicle Parked At Night Without Warning Signs Poses Evident Hazard; SC Refuses To Reduce Compensation For CA Student’s Death Motor Accident Claims: 100% Loss Of Earning Capacity To Be Considered If Amputation Prevents Manual Worker From Pursuing Sole Avocation: Supreme Court Substantive Amendments Rendering Land Transfers 'Void' Are Prospective; Cannot Invalidate Decades-Old Sale Deeds: Supreme Court Registered Sale Deed Carries Formidable Presumption Of Genuineness; Minor Witness Discrepancies Cannot Invalidate Decades-Old Document: Supreme Court Mere Breach Of Sale Agreement Not Cheating Unless Dishonest Intent Existed From Inception: Telangana High Court Mining Lease Applications For First Schedule Minerals Deemed 'Disposed Of' Once Recommended & Approved Prior To 2015: Supreme Court Prolonged Incarceration Under NDPS Act Militates Against Article 21; Conditional Liberty Must Override Section 37 Embargo: Supreme Court Perpetual Minor Status Of Deity Does Not Exempt It From Limitation Laws; Condonation Requires 'Sufficient Cause': Orissa High Court State Cannot 'Approbate And Reprobate' Bravery: MP High Court Mandates Out-Of-Turn Promotion For Cop Who Rescued Truck From 200-Foot Gorge Drugs Controller Can Regulate Misleading Discount Boards In Medical Shops; Right To Business Not A Shield For Deception: Kerala High Court Courts Cannot Direct Parliament To Adopt Rotational Reservation For Assembly Seats; Section 9(1)(c) Delimitation Act Valid: Allahabad High Court Official To Pay Rs 20,000 Costs From Own Pocket: Andhra Pradesh High Court Holds Municipal Commissioner Liable For Failing To Take Court Orders To 'Logical End' IPC Sections 406 & 420 Cannot Co-exist On Same Set Of Facts; Substantial Compliance Enough For Section 156(3) CrPC Affidavit: Kerala High Court Family Courts Duty-Bound To Declare Marital Status In Mutual Consent Muslim Divorces Even If Wife Admits Divorce: Gujarat High Court Allottee’s Right To Interest For Delayed Possession Under Section 18 RERA Is Absolute; Not Fettered By Section 55 Contract Act: Bombay High Court Sentencing Not A Purely Retributive Exercise Divorced From Factual Matrix: Supreme Court Reduces Jail Term Of Man Who Forged Bail Documents

"QUASHING" Digest

Criminal Law – Quashing of Proceedings – Matrimonial Dispute – Implication of Relatives – Petitioners (mother-in-law, father-in-law, and sister-in-law) challenged proceedings arising from a complaint filed by the 2nd respondent alleging cruelty and demand of dowry – Held: A close reading of the complaint indicates that commonplace domestic discord and minor skirmishes...

Prevention of Corruption Act – Quashing of proceedings – Trap case – Demand and acceptance of illegal gratification – Petitioner sought quashing under Section 482 Cr.P.C. alleging absence of preliminary enquiry, lack of jurisdiction of ACB, defective sanction, and absence of recovery from personal possession – Held, at stage prior to trial Court only required to asses...

Criminal Procedure – Quashing of FIR – Section 482 CrPC – Sine Qua Non – Dispute arising from a Collaboration Agreement of 2012 led the appellant to lodge a complaint with the Commissioner of Police – FIR not registered on complaint, whereupon appellant filed an application under Section 156(3) CrPC before the Magistrate along with a complaint under Sections 420, 406 ...

Criminal Proceedings – Quashing under Section 482 CrPC – Allegations of manufacturing and selling goods by misusing established brand identity – FIR and charge-sheet disclose prima facie offences of cheating, forgery and deception – High Court declined to quash proceedings holding that disputed facts require trial and continuation of prosecution not an abuse of process [Par...

Companies Act – Appointment of Woman Director – Section 149 – Compliance – Triable Issue – Petitioner company alleged to have violated Section 149 of the Companies Act, 2013 by failing to appoint a woman director within the prescribed period ending 31st March, 2015 – Petitioners claimed appointment of Ms. Kirti Sanghavi as woman director by Board resolution date...

Preventive Detention – Public Safety Act – Law and Order vis-à-vis Public Order – Bovine Smuggling – Petitioner detained under Section 8(1)(a) of the J&K Public Safety Act by order dated 11.07.2025 on the basis of two FIRs and three unverified Daily Diary Entries alleging habitual bovine smuggling – One FIR already disposed of and the other (FIR No. 0049/20...

Criminal Law – Copyright Infringement – Sections 63, 65, 65A, Copyright Act, 1957 – Quashing of Proceedings – Non-Application of Mind – Appellant, a National Award-winning film director, directed 'Kahaani-2' released on 02.12.2016 – Complainant alleged that appellant had stolen his script 'Sabak', registered on 31.07.2015, and used it in the film...

Criminal Law – Quashing of proceedings – Section 482 CrPC / Section 528 BNSS – Scope and limits – FIR and victim statements disclose serious allegations of rape, administration of stupefying substance and blackmail – Presence of supporting material including alleged objectionable videos – Held: Where allegations prima facie disclose commission of cognizable offe...

Criminal Law – Rape on false promise of marriage – Section 376(2)(n) IPC – Quashing of FIR – Allegation of physical relationship on promise of marriage resulting in pregnancy – Prosecutrix married with two children and no allegation of divorce or separation – Relationship continued over months in consensual circumstances – Held: No element of inducement, c...

Criminal Law – Cheating – Section 420 IPC – Movie Investment – Quashing of Proceedings – Appellant, a movie producer, borrowed money from de-facto complainant on promise of 30% share in profits, later 47%, and issued two post-dated cheques of Rs. 24 lacs each towards principal repayment, which were dishonoured – High Court quashed proceedings under Section 406 I...