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 Law – Abetment of Suicide – Quashing of FIR – Petitioners accused of abetting the suicide of the complainant's brother by refusing to repay money owed for construction work – FIR quashed – Court held that the mere non-payment of dues, without any positive act of instigation, does not constitute abetment under Section 306 IPC – Emphasized that there ...

Criminal Law - Quashing of Summoning Order and Complaint – Criminal miscellaneous petition against summoning order by trial court and subsequent affirmation by revisional court – Summoning of government officials for offenses under IPC without prior sanction under Section 197 Cr.P.C. – Allegations of illegal eviction and theft by government officials of PGIMS Rohtak – Supre...

Excise Law - Quashing of FIR - Criminal Petition to quash FIR under Section 61 of the Punjab Excise Act, 1914 - FIR registered for possession of liquor without authority - Held, post-amendment by Punjab Act No. 10 of 2003, the adjudication of such offenses is within the jurisdiction of the Excise Department - FIR registered by police is void ab initio - Petition allowed - FIR and consequential pro...

Criminal Procedure – Quashing of FIR – FIR registered under Sections 306 and 114 IPC for abetment of suicide quashed – Court observed that mere involvement in an extramarital affair does not constitute abetment of suicide – Allegations must show clear instigation or a direct role leading to the suicide – Absence of mens rea and direct act by the accused to instigate t...

Quashing of FIR and Conviction – Valid Compromise – Section 482 Cr.P.C. – Held, the High Court has the power to quash an FIR and set aside a conviction on the basis of a valid compromise between the parties – This is permissible even if the offences are non-compoundable and the trial has concluded – Compromise must be genuine, voluntary, and without coercion [Paras 16...

Quashing of FIR – Compromise – Section 482 Cr.P.C. – FIR registered under Sections 420, 467, 468, and 120-B IPC – Dispute amicably settled between parties – Complainant appeared through Power of Attorney – Held, inherent powers under Section 482 Cr.P.C. can be exercised to quash criminal proceedings if the offence is overwhelmingly and predominantly of a civil n...

Criminal Law - Quashing of FIR - Settlement Between Parties - FIR under Section 174-A IPC quashed after settlement in complaint under Section 138 of the Negotiable Instruments Act - Continuation of prosecution not justified - FIR and all consequential proceedings quashed subject to cost payment. [Para 10]   Section 138 NI Act - Withdrawal of Complaint - Impact on FIR under Section 174-A...

Proclaimed Offender – Procedural Compliance – Section 82 Cr.P.C – Petitioner declared as a proclaimed person for not appearing in a case – Petitioner later surrendered before the trial court – Court held that once the accused surrenders and joins proceedings, they can no longer be described as an offender – Proceedings under Section 82 Cr.P.C. fulfilled their pu...

Criminal Law – Petition under Section 482 Cr.P.C. for quashing of defamation charges – Accusations against the petitioners (including the Chief Minister of Delhi) for imputing that BJP had orchestrated deletion of voter names from specific communities – The High Court examined the validity of summoning orders issued by the Magistrate and upheld by the Sessions Court – Court...

Criminal Law - Quashing of FIR under Section 174-A IPC – Petition under Section 482 CrPC – FIR registered after petitioner declared proclaimed person in a Section 138 NI Act case – Petitioner settled the matter with complainant, who withdrew the complaint – Once proceedings under Section 138 NI Act withdrawn, FIR under Section 174-A IPC becomes unsustainable – Petitio...