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

Quashing of FIR – Criminal Conspiracy – Abuse of Process – Special Public Prosecutor – Petitioners, including advocates and police officers, sought quashing of CR No. 742 of 2024 and CR No. 46 of 2024 registered on complaints of the second respondent alleging forgery of appointment letters of Special Public Prosecutor and a conspiracy to implicate him in false criminal case...

Criminal Law – Criminal Defamation – Section 499 and 500 IPC – Quashing of Summoning Order – No Prima Facie Case – Applicant's daughter died under disputed circumstances; applicant lodged FIR under Sections 304B and 498A IPC against son-in-law and family – Opposite Party No. 2, a doctor of Meerut, filed complaint alleging that a news article published in Dai...

Negotiable Instruments Act – Section 138/141 – Vicarious Liability of Director – Quashing – Inherent Jurisdiction – Cheque bearing No.301731 dated 21.05.2025 for Rs.2.05 Crores issued by Kartarz Alloys Private Limited towards part payment during OTS negotiations for a loan account declared NPA by ICICI Bank Ltd. – Cheque dishonoured – Complaint filed by re...

Criminal Law – Quashing - Proclaimed Person – Section 82 CrPC – Mandatory Requirements – Non-Compliance – Petitioner left India on 03.03.2015 and was thereafter summoned to face trial in a complaint case under Sections 324, 326, 148 and 149 IPC – Service could not be effected – Proclamation issued on 24.08.2016 specifying 01.10.2016 as the date of appearan...

Criminal Law – Criminal Breach of Trust – Section 405 and 406 IPC – Provident Fund Deductions – "Employer" and "Occupier" – Ultimate Control – Petitioners were former General Managers and Branch Manager of Ayurdhara Pharmaceuticals, South Ancheri, a unit of the Kerala State Federation of Scheduled Caste and Scheduled Tribe Development Co-oper...

Criminal Law – Quashing of Proceedings – Section 482 CrPC – Counterblast Complaint – Abuse of Process – Petitioner, a septuagenarian retired person, executed a development power of attorney in favour of the opposite party no. 2, who allegedly sold 66 decimal of land for Rs. 40 lakhs in the petitioner's name using the power of attorney – Petitioner lodged FIR...

Negotiable Instruments Act — Section 138 — Dishonour of Cheque — Joint Account Holder — Liability — Only Drawer/Signatory Can Be Prosecuted — Cheques were issued from a joint bank account maintained by the applicant and co-accused Rahul Thind, but were signed solely by Rahul Thind — The trial court summoned both on a complaint under Section 138 NI Act &mda...

Criminal Law – Quashing of FIR - Matrimonial Dispute – General Allegations Against In-Laws – Proceedings Quashed in Part - Petitioners challenged FIR under Sections 498A, 504, 506 IPC – Allegations against petitioner No.4 (Surinder Kaur) were found vague and lacking specific instances of cruelty or provocation – Held: Prosecution against her is abuse of process &ndash...

Anticipatory Bail — Second Petition — Maintainability — No Change in Circumstances — The petitioner filed a second petition for anticipatory bail under Section 482 BNSS within ten days of dismissal of the first petition on 06.04.2026, without disclosing any substantial or drastic change in circumstances — Held: A successive anticipatory bail petition filed without mat...

Criminal Procedure — Proclaimed Person — Section 82 CrPC — Mandatory Requirements — Non-Compliance — The petitioner was declared a proclaimed person vide order dated 14.12.2023 in an FIR involving kidnapping, extortion and cheating — The trial Court, while passing the impugned order, merely observed that the mandatory period of 30 days had expired and proceeded ...