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 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...

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 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...

Criminal Law - Quashing of FIR and Charge-sheet - Petition under Section 482 CrPC - Criminal Appeal against the order of High Court refusing to quash FIR for abetment of suicide - FIR lodged for offenses under Sections 306, 506, and 34 IPC - Complainant filed no objection to the quashing of FIR - Allegations in suicide note and FIR vague and do not attract Section 306 IPC - Compromise reached betw...

Negotiable Instruments – Cheque Dishonor – Condonation of Delay – Petition for quashing dismissal of complaint under Section 138 of NI Act – Cheque dishonored on 16.04.2012 – Legal notice dated 15.05.2012 returned unclaimed – Second legal notice sent on 02.06.2012 – Complaint filed on 16.07.2012 dismissed as time-barred – Court held that separate app...

Negotiable Instruments Act - Quashing of FIR - Complaint case under Section 138 NI Act - Petitioner declared proclaimed offender for non-appearance; FIR registered under Section 174-A IPC - Main dispute settled via compromise - Held, continuation of proceedings under Section 174-A IPC post-compromise is abuse of process of law - FIR and all subsequent proceedings quashed. [Para 13]   Ma...

Criminal Law - Abetment of Suicide - Quashing of FIR - Petition to quash FIR under Sections 306, 34 IPC based on compromise - Deceased committed suicide allegedly due to threats from petitioners - Held, no mens rea or direct instigation by petitioners as per facts - Four-day gap between threat and suicide indicates no direct causation - FIR and proceedings quashed. [Paras 18, 23, 30]   ...

Criminal Procedure - Quashing of FIR - Offence under Section 188 IPC - Petition to quash FIR on grounds that police registered it without written complaint from public servant - Held, Section 195 CrPC requires written complaint from public servant to take cognizance of offences under Section 188 IPC - FIR registered by police without such complaint is void ab initio - FIR and subsequent proceeding...

Evidence Law - Secondary Evidence - Quashing of Order - Petition to quash order dismissing application for leading secondary evidence - Original documents produced in preliminary stage untraceable due to office shifting - Held, petitioner genuinely unable to produce original documents - Permitted to adduce secondary evidence as per exceptions under Sections 65 and 66 of the Indian Evidence Act - P...