quashment Archives

Whether employees of a company alone can be prosecuted and held liable without arraignment of the company as an accused? J&K and Ladakh High Court answers

The Jammu and Kashmir and Ladakh High Court held that vicarious liability of a company’s directors can be imputed as per the statutory provisions in cases where a company is an offender.

Case Briefs High Courts

Entry of authorised Bank employee in secured property premises for taking possession doesn’t fall under “House Trespass”: Calcutta High Court

While quashing the impugned criminal proceeding against the petitioners, the Court held that a defaulter borrower holds the secured asset only in trust or symbolic possession and even if the petitioners have entered the said property, the same cannot be marked out as trespassers in other’s’ property.

Case Briefs High Courts

J&K and Ladakh HC refuses to quash FIRs against the media outlet Kashmiryat and Kashmir Walla for publishing an article alleging use of force by the Army for celebrating Republic Day at a school

“The High Court, while forming an opinion whether a criminal proceeding or complaint or FIR should be quashed in exercise of its jurisdiction under Section 482 CrPC, must evaluate whether the ends of justice would justify the exercise of the inherent power”

Case Briefs High Courts

J&K and Ladakh HC | To prevent the “frittering away of the fruits of compromise” HC can quash proceedings for non-compoundable offences if parties have arrived at a settlement

Jammu and Kashmir and Ladakh High Court: While deciding the instant petition wherein the Court was faced with the issue

Case Briefs High Courts

Chhattisgarh High Court reiterates power of relaxation for filling up the posts by promotion is within the exclusive domain of the State Government

Chhattisgarh High Court: In a writ petition filed for quashing of the notification dated 21.6.2016, whereby the State Government has amended the

Case Briefs High Courts

Karnataka HC dismisses quashment petition concerning allegations of forcible sex change operation; says matter should be strictly left open for trial

Karnataka High Court: While deciding the instant petition for quashment of complaint, the Bench of Suraj Govindaraj, J., held that in the

Case Briefs High Courts

MP Mohan Delkar Suicide| Why Bombay High Court quashed FIRs against Dadra and Nagar Haveli UT Administrator Praful Khoda Patel and 8 others

Bombay High Court: While deliberating upon the instant writ petitions for quashment of FIR registered in connection with the suicide of prominent

Case Briefs High Courts

Kar HC | While deciding the petition under S. 482 of CrPC evidence cannot be appreciated as it lies within the domain of Trial Court

Karnataka High Court: Sreenivas Harish Kumar J. dismissed the petition being devoid of merits. The facts of the case are such that

Case Briefs High Courts

Court can neither be a mute spectator to the whims and fancies of the investigating agency nor be a party to it; Ori HC observes in a case where final form was submitted after 15 years

Orissa High Court: Sashikant Mishra J. allowed the criminal petition and quashed the FIR and the criminal proceeding due to inordinate delay

Case Briefs High Courts

S. 8 of J&K Control of Building Operations Act, 1988 can only be invoked if construction is in progress and not in case of illegal use of building by its owner

Jammu & Kashmir High Court: The Court recently addressed a writ petition for quashment of a previous order that had been passed

Case Briefs High Courts

In dowry cases, general & vague allegations cannot be treated as sufficient material to prosecute husband’s relatives

Madhya Pradesh High Court: In the instant case filed for the quashment of criminal proceedings initiated against the applicants under Sections 498-A

Case Briefs Supreme Court

High Court cannot issue a blanket order restraining arrest while refusing to quash the investigation

Supreme Court: Dealing with a pivotal question as to whether the High Court while refusing to exercise inherent powers under Section 482