Settlement demand extortion or negotiation? Bombay HC quashes FIR over demand of ₹25 lakh each by flat purchasers
The Court held that an exorbitant settlement demand, without an intentional threat or fear of injury, does not attract Section 385 IPC.
Abuse of Process
Mere Apprehension of bias insufficient to seek substitution of Investigating Officer: Karnataka HC
The Court emphasised unless a clear case of mala fides, demonstrable bias, lack of jurisdiction or abuse of process is made out before a competent court, the person under investigation cannot insist that the investigation be conducted by an officer of his choice.
Registered Sale Deed Cannot Be Contradicted by an Unregistered Agreement; Trial Court Cannot Act as a Mere Post Office of the Prosecution: Bombay High Court
The Court held that a registered sale deed supported by receipt of consideration and transfer of title cannot be contradicted by an unregistered agreement, and in the absence of dishonest intention from inception, no offence of cheating under Section 420 IPC is made out.
Gujarat HC dismisses PIL on Somnath Temple archaeological survey, imposes Rs 2 lakh costs
The Court held that a PIL seeking disclosure of the scientific archaeological survey of the Somnath Temple site was not maintainable where it was founded on unverified media reports, contained incorrect factual assertions, and failed to disclose the petitioner’s bona fides and credentials.
Can Bona Fide Purchaser for Value be Held Criminally Liable for Forged Will-Linked Property? Supreme Court Answers
“Neither the FIR nor the impugned order discloses availability of any tangible material to substantiate the allegation that the appellant had conspired in the preparation of the alleged forged Will, or that the registered sale deed dated 18 December 1998 was executed by him with knowledge that the signatures on the Will were forged.”
Inside Delhi High Court Guidelines for Quashing of POCSO FIR in Consensual Adolescent Relationship
“The jurisprudential basis for the State being the prosecuting agency in criminal offences is to prevent a criminal prosecution from descending into an exercise in vengeance, where the victim goes baying-for-the-blood of the offender; and to maintain objectivity, neutrality, fairness and a sense of proportion in prosecution of an offender.”
“Intention to insult is essential under the National Honour Act”: Bombay HC quashes FIR against 85-year-old over alleged inverted display of the National Flag
“Neither the statement of the watchman nor any material collected by the prosecution on record indicated that the applicant hoisted or displayed the Indian National Flag, or was involved in its display, on 26 January 2017.”
Successive FIRs to Defeat Bail amount to Abuse of Process : Supreme Court invokes Article 32 to grant Bail
“Article 32 of the Indian Constitution is deemed to be “heart and soul” of the Constitution as it empowers any citizen to directly approach the Supreme Court for the enforcement of fundamental rights.”
“Lawlessness around campus cannot be tolerated”: Orissa High Court directs enhanced security, 24×7 police presence at NLU Odisha
“Institutions of higher learning must remain spaces of safety, dignity, and intellectual freedom, and any trend of lawlessness, vigilantism, or disorder in and around the campus environment not only jeopardises students’ welfare but also undermines the institutional ethos.”
Restraining entry in discharge of duty not Wrongful Restraint or Outraging Modesty; Delhi High Court quashes FIR against Security Guard
The Petitioners being Security Guards, had the bounden duty to ensure that no unauthorised person enters the office premises… act of restraining the Complainant for entering the Office for which she had no right, cannot be termed as an act of wrongful restraint.”
Bombay HC: Father-in-law’s dowry remarks, ignoring husband’s affair, and advising to wife to tolerate violence not cruelty under Section 498A IPC
“When these allegations are considered apposite Section 498A IPC, they do not constitute “cruelty” as defined in the explanation appended to the provision.”
Stopping Stray Dog feeding at Society access points & School Bus Stops a child-safety measure, not wrongful restraint: Bombay High Court
Presence of aggressive stray dogs on streets are causing grave risk to the lives of children, elderly people and vulnerable sections of society and also unabling them to access streets and parks because of the fear of being attacked and bitten by the rabies infected stray dogs.
Bombay High Court refuses to quash FIR against Maharashtra Navnirman Sena worker accused of assaulting Advocate over Amazon-Marathi Language Row
“In a proceeding under Section 482 of the Criminal Procedure Code, this Court is not required to conduct a mini trial or get into nitty-gritties of the evidence.”
Karnataka High Court fines 72-year-old woman ₹2 lakh for frivolous habeas corpus petition
“The filing of this kind of litigation should not be encouraged by this court and the same should be deprecated.”
Know Why Supreme Court set aside proceedings against badminton players Chirag Sen & Lakshya Sen for birth record falsification
In 2022, a complaint was filed against Chirag and Lakshya alleging that the players had misrepresented their date of birth to qualify for tournaments in the Under-13 and Under-15 categories and thereby gained wrongful selection and monetary rewards.
‘No need to await accused’s proof, when allegations fall within General Exceptions’; J&K and Ladakh High Court quashes FIR against Revenue Officials acting under court orders
“An act done by a person pursuant to the judgment of the Court cannot form basis for prosecuting such person as the same does not come within the definition of “offence” as contained in IPC.”
‘Attempt to misuse of judicial process to settle personal score’; Rajasthan High Court dismisses husband’s plea alleging wife’s plagiarism in research thesis
“Process of law should not be allowed to be misused by a litigant to satisfy his personal grudges and oblique considerations to settle personal scores.”
Rajasthan High Court dismisses plea to quash FIRs or consolidate investigation against Ex-MLA Pramod Jain Bhaya
“The law requires that for an allegation of malafide to be sustained, it must be pleaded with specificity and supported by material facts. In the absence of mens rea, or a demonstrable element of ill-intention, such a prayer cannot be entertained.”
Misguiding the Court to pass an order, which was never intended to be complied with, is commission of Contempt: SC
“Misuse of the process of Court with an intent to tarnish the image of judiciary, threatening the integrity, and the efficiency of the judicial system cannot be allowed to be overlooked”.
Contempt of Court | SC delivers split verdict on acceptance of unconditional apology by errant Advocates; Matter to be placed before CJI
While Justice Bela M. Trivedi took a stern note of the actions of the errant advocates, Justice Satish Chandra Sharma accepted the unconditional apology.