Supreme Court quashes FIR filed by a wife who alleged that her husband lied to her about his profession
The wife had alleged that she married the Appellant-husband because he was an Eye Surgeon, but he turned out to be an Optometrist.
quashment
‘Don’t disturb communal harmony’; Rajasthan High Court quashes notification creating new revenue village named after local deity “Gogaji”
“The purpose and intention to incorporate Clause 4 in Circular dated 20-08-2009 is that “no particular person, caste, sub-caste or religion should be given undue advantage disturbing the communal harmony in the society.”
‘Justice not a privilege for well-informed/well-represented’; Rajasthan High Court quashes 23-yr-old tree felling criminal case ‘in rem’
“The possibility that some accused persons have not appeared due to their socio-economic vulnerabilities must be taken into account, and their absence should not be construed as a waiver of their right to seek justice.”
MP High Court refuses to quash MP Vivek Tankha’s defamation case against Union Minister Shivraj Singh Chouhan
“Indisputably, the public good is a question of fact. Good faith has also to be established as a fact. Ergo, to prove good faith so as to constitute offence of Section 499 of IPC, trial is necessary.”
[Right to fair & speedy trial] Rajasthan High Court quashes corruption charges against 100-year-old man and his 96-year-old wife due to 18-years Trial delay
“The absence of any progress, despite the charge sheet being filed in 2014, raises serious concerns about the administration of justice. Such delay undermines the legal principle that justice delayed is justice denied.”
‘Preference Policy not applicable if ‘no qualified ST candidate available’; MP High Court quashes termination of ASHA worker
The Court held that the petitioner’s termination was based on a misapplication of the policy, as no qualified ST candidate was available, and therefore, no preference could have been applied.
“Once a statute provides for detention under specific contingency, a person can’t be detained under another contingency”: J&K and Ladakh HC
The Court pointed out that the petitioner could have been detained only under Section 8 (1)(a-1) of the PSA and not under Section 8(1)(a) of the PSA, as both the clauses (a) and (a-1) operate in different fields
Maintenance cannot be denied solely because wife is leading modern lifestyle: Madhya Pradesh High Court
Madhya Pradesh High Court deliberated on whether morality could supersede legal provisions and questioned if leading a modern lifestyle could be deemed immoral.
Calcutta High Court quashes Section 144 CrPC order; permits State to promulgate more focused order for specific disturbance areas in Sandeskhali
The instant matter highlights the delicate balance between security measures and citizens’ rights, emphasizing the importance of lawful and justified actions by authorities in maintaining public order.
‘Director’s liability without company’s inclusion is unlawful’; Calcutta High Court quashes criminal proceedings due to violation of Section 46B of the Bengal Excise Act, 1909
Calcutta High Court deemed the criminal proceedings an abuse of the process of law and allowed the revisional application.
Calcutta High Court quashes Disciplinary proceeding against Visva-Bharati University’s Professor over alleged failure to address student agitation
Calcutta High Court observed that there exists lack of correlation between evidence and charges, failure to address the petitioner’s defense, and overlooking crucial factors.
Calcutta High Court quashes conviction under Essential Commodities Act due to technical irregularities in inspection and prosecution
The Calcutta High Court stated that Mens rea, a crucial element for a criminal offense, was not established merely by the omission of the license number.
Calcutta High Court quashes unauthorised construction charge under Section 401A of KMC Act, 1980
If the complaint’s allegations and the evidence collected do not disclose the commission of any offense, and if they fail to make a case against the accused, the Court can quash the alleged complaint to secure the ends of justice.
Caring for one’s parents is inherent compassion, a choice beyond compulsion; Calcutta High Court quashes criminal proceeding against wife
While allowing the revisional application, Calcutta High Court quashed the impugned proceeding on the ground of lack of substantial evidence to prima facie substantiate the offenses against the wife.
Outraging the Modesty of a Woman| Ultimate test is if the act is capable of shocking the sense of decency of a woman: Calcutta High Court
Calcutta High Court held that there is no substantial evidence against the petitioner, and hence, allowing the case to proceed would be an abuse of the legal process.
Calcutta High Court rejects quashing of criminal proceeding; asserts inadmissibility of “Fishing and roving inquiry” at revisional stage
Calcutta High Court held that the Court has no power to determine the correctness, validity and probative value of the evidence collected by the Investigation Officer during investigation.
Karnataka HC quashes criminal proceedings against 2 persons accused of drawing pro-hijab graffiti on walls of a government school
The Court quashed the proceedings on the ground that the district wherein the school was situated, does not come under the ambit of Karnataka Open Places (Prevention of Disfigurement) Act, 1981.
“Absurd and improbable”: Calcutta High Court sets aside maliciously instituted criminal case with no sufficient grounds for legal action
While quashing the criminal proceeding filed against petitioners, the Calcutta High Court held that the same is lacking with substantial evidence and is institutes with malicious intent.
Calcutta High Court quashes criminal proceeding under Section 153-A of IPC in Dhulagarh Riots Coverage Case
Calcutta High Court held that a necessary element of “intent to cause disorder or incite violence” under Section 153-A of the IPC, was not established in the case dairy
FSSAI | Can Police, not being Food Safety Officers, investigate food safety matters punishable under IPC? Calcutta High Court examines
Calcutta High Court dismissed all the three criminal revision applications seeking quashing of the criminal proceedings and deemed them groundless.