Forum Shopping and Power of High Court u/s 482 CrPC; Supreme Court tells when to convert a civil complaint into criminal case
“Forum shopping has been termed as disreputable practice by the courts and has no sanction and paramountcy in law.”
section 482 crpc
People using cyberspace to vent out anger and frustration by travestying key-figures holding highest office in country, is abhorrent and violates right to reputation: All HC
“Posting & sharing unhealthy materials with unparliamentary language and remarks, etc. on social media without any solid basis cause a deleterious effect
Law on S. 311 CrPC | Power to the Court to summon a material witness or to examine a person present in Court or to recall a witness already examined: All HC discusses
Allahabad High Court: Sanjay Kumar Pachori, J., while addressing a matter with regard to recalling of the witnesses expressed that, Section 311
Settlement terms decided by Mediation and Conciliation Centre, can be the reason for quashing of an FIR under S. 482 CrPC: All HC
Allahabad High Court: Rajeev Singh, J., reiterated that under Section 482 of the Criminal Procedure Code, an FIR i.e. First Information Report
Will Delhi HC allow waiving off alleged offence of rape in view of compromise and subsequent marriage between complainant and accused? Read to know
Delhi High Court: Stating that, Rape is an act against society, Rajnish Bhatnagar, J., held that simply entering into a compromise allegation
Cancellation of Bail v. Rejection of Bail: Delhi HC explains when a Court can seize liberty of an accused undertrial
Delhi High Court: Subramonium Prasad, J., while explaining the facets of cancellation of bail and rejection of an application for bail, made
[Model Code of Conduct] Kar HC | Mere display of any stickers and flags on vehicles of any particular party will not attract/invoke S. 171 H IPC
Karnataka High Court: H P Sandesh J. allowed the petition and quashed the proceedings initiated against the petitioners. This petition is filed
Karnataka High Court calls person committing suicide a ‘weakling’! Don’t diminish the gravity of mental health issues, says SC
“How an individual copes up with a threat- both physical and emotional, expressing (or refraining to express) love, loss, sorrow and happiness, varies greatly in view of the multi-faceted nature of the human mind and emotions.”
Is it proper to invoke S. 482 CrPC for quashing Magistrate’s order in a proceeding under S. 12 r/w S. 23 of Domestic Violence Act on the point of maintainability? Cal HC determines
Calcutta High Court: Bibek Chaudhari, J., considered the question as to whether Section 482 CrPC is applicable in relation to an application under
Person accused under S. 307 IPC if entered into a compromise with victim, can Court quash criminal proceedings in light of settlement? Delhi HC unravels
Delhi High Court: Emphasizing on the gravity of seriousness of Section 307 Penal Code, 1860, Subramonium Prasad, J., observed that, “…an offence
Judges speak through their judgments and orders: Supreme Court pens down it’s opinion on oral regimes
Supreme Court: The Division Bench of Dr Dhananjaya Y Chandrachud and MR Shah, JJ., while addressing a matter expressed that, The administration
J&K and Ladakh HC | Can FIR containing allegations which set police in motion, be quashed at threshold stage? HC answers
Jammu & Kashmir and Ladakh High Court: Ali Mohammad Magrey, J., held that FIR under Section 482 of CrPC cannot be quashed
All HC | Onus of proving ingredients under the First Exception, S. 499 IPC is on the accused; Defence being a question of fact cannot be claimed at the stage of issuance of summons
Allahabad High Court: Yogendra Kumar Srivastava, J. dismissed the petition and declined to entertain the present application in exercise of its inherent
All HC | Can factum of disputed service of notice in S. 138 NI Act case be adjudicated under S. 482 CrPC? HC elaborates
Allahabad High Court: Vivek Varma, J., held that factum of disputed service of notice requires adjudication on the basis of evidence and
“No coercive measures to be taken”| Can High Courts pass such blanket orders while refusing to quash investigation? Here’s the law laid down by the Supreme Court
“Granting of such blanket order would not only adversely affect the investigation but would have far reaching implications for maintaining the Rule of Law.”
Bom HC | Can administrator of WhatsApp group be held criminally liable for objectionable posts of a group member? HC answers
Bombay High Court: The Division Bench of Z.A. Haq and Amit B. Borkar, JJ., while addressing the matter, observed that: In the
Manipur HC| Civil or Criminal? – Lower Courts must first discover the basic nature of the dispute
“When the dispute in question is discovered to be predominantly of civil nature then an attempt to make it criminal offence should be thwarted and discouraged.”
Del HC | Vicarious liability under S. 138 NI Act. What is proper stage of raising defence of absence of knowledge by the accused being held vicariously liable for offence committed by company? Explained
Delhi High Court: Rajnish Bhatnagar, J., held that: “Once a cheque is issued by a person, it must be honored and if
Del HC | Offences like rape & forgery having a bearing on vital societal interest cannot be construed to be merely private or civil disputes
Delhi High Court: Subramonium Prasad, J., with regard to the settlement of disputes stated that: “In crimes which seriously endangers the well
Del HC | Offences under S. 377 IPC & S. 4 POCSO Act committed on a child aged 7 years, father of victim sought quashing of FIR: Will HC quash the FIR? Read to know
Delhi High Court: Subramonium Prasad, J., in regard to quashing of FIRs expressed that: “High Court cannot mechanically quash FIRs for non-compoundable