April 2020

[DIVISION BENCH] – Unauthorized Construction—Construction raised in no construction zone-­There is neither master-plan nor regional planning area is notified for the land, in question—Demolition notice quashed

By | April 11th, 2020|Quashing|

Read More
Comments Off on [DIVISION BENCH] – Unauthorized Construction—Construction raised in no construction zone-­There is neither master-plan nor regional planning area is notified for the land, in question—Demolition notice quashed

Scheduled Castes—Intentional Insult—Complainant and eye-witness deposed that accused threatened with life but has not made any such revelation that casteist remarks were made as alleged in FIR–Complaint quashed

By | April 5th, 2020|Quashing|

Read More
Comments Off on Scheduled Castes—Intentional Insult—Complainant and eye-witness deposed that accused threatened with life but has not made any such revelation that casteist remarks were made as alleged in FIR–Complaint quashed

Unauthorised Colony—Quashing—Landowners after entering into agreement to sell with proposed buyers (petitioners) carved out colony without statutory permission—Neither any sale deed was executed in favour of the petitioner nor the petitioners have sold any part of the land to any third person by creating third party right to show that they intended to sell the land by carving out small plots—FIR quashed

By | April 5th, 2020|Quashing|

Read More
Comments Off on Unauthorised Colony—Quashing—Landowners after entering into agreement to sell with proposed buyers (petitioners) carved out colony without statutory permission—Neither any sale deed was executed in favour of the petitioner nor the petitioners have sold any part of the land to any third person by creating third party right to show that they intended to sell the land by carving out small plots—FIR quashed

Criminal Breach of Trust—Sale of mortgaged property—Complaint by Bank–FIR against Advocate who gave Legal Search Report—LSR was prepared on the basis of original documents and standard norms of preparation for the same were followed—No evidence that he was part of the conspiracy–FIR qua Advocate quashed

By | April 5th, 2020|Quashing|

Read More
Comments Off on Criminal Breach of Trust—Sale of mortgaged property—Complaint by Bank–FIR against Advocate who gave Legal Search Report—LSR was prepared on the basis of original documents and standard norms of preparation for the same were followed—No evidence that he was part of the conspiracy–FIR qua Advocate quashed

March 2020

Quashing—Time barred complaint—Offences u/s IPC cannot be added later to revive time barred complaint Multi Level Marketing—Agencies involved in the sale of goods through direct/multilevel marketing do not fall under the provisions of the Prize Chit and Money Circulation Scheme (Banning) Act

By | March 25th, 2020|Quashing|

Read More
Comments Off on Quashing—Time barred complaint—Offences u/s IPC cannot be added later to revive time barred complaint Multi Level Marketing—Agencies involved in the sale of goods through direct/multilevel marketing do not fall under the provisions of the Prize Chit and Money Circulation Scheme (Banning) Act

IMP :: Legal search report (LSR) HELD Advocates—Professional Misconduct—There is a world of difference between the giving of improper legal advice and the giving of wrong legal advice. At the most, he may be liable for gross negligence or professional misconduct if it is established by acceptable evidence and cannot be charged for the offence under Sections 420 and 109 of IPC

By | March 16th, 2020|Quashing|

Read More
Comments Off on IMP :: Legal search report (LSR) HELD Advocates—Professional Misconduct—There is a world of difference between the giving of improper legal advice and the giving of wrong legal advice. At the most, he may be liable for gross negligence or professional misconduct if it is established by acceptable evidence and cannot be charged for the offence under Sections 420 and 109 of IPC

Illegal Detention—Exemplary Costs—Detention of the petitioner for four days till registration of FIR which later found to be false—State burdened with exemplary cost of Rs. 1 lac to be paid to the petitioner and the same be recovered from the erring police officials

By | March 11th, 2020|Quashing|

Read More
Comments Off on Illegal Detention—Exemplary Costs—Detention of the petitioner for four days till registration of FIR which later found to be false—State burdened with exemplary cost of Rs. 1 lac to be paid to the petitioner and the same be recovered from the erring police officials

Quashing—Rape by Ex-husband—During period of separation—Divorce was taken by mutual consent after recording of her statements on both motions–It cannot be accepted that the complainant was never aware of the fact that her marriage stood dissolved—FIR quashed

By | March 1st, 2020|Quashing|

Read More
Comments Off on Quashing—Rape by Ex-husband—During period of separation—Divorce was taken by mutual consent after recording of her statements on both motions–It cannot be accepted that the complainant was never aware of the fact that her marriage stood dissolved—FIR quashed

February 2020

Quashing—Compromise between parties—Non Compoundable Offences–If the Court does not permit the same to be compromised then the parties would tend to play tricks upon the Court to ensure the acquittal of accused by subverting the administration of criminal justice—So it would always be in the interest of justice itself; that the compromise between the parties is recognized

By | February 9th, 2020|Quashing|

Read More
Comments Off on Quashing—Compromise between parties—Non Compoundable Offences–If the Court does not permit the same to be compromised then the parties would tend to play tricks upon the Court to ensure the acquittal of accused by subverting the administration of criminal justice—So it would always be in the interest of justice itself; that the compromise between the parties is recognized

January 2020

Quashing—Disputes of Civil nature—These days, lot of civil disputes are being given cloak of criminal offence so as to settle the scores in Indirect and deceitful manner—Investigating agencies are required to vigilant so as to avoid any abuse of the process of the Court

By | January 12th, 2020|Quashing|

Read More
Comments Off on Quashing—Disputes of Civil nature—These days, lot of civil disputes are being given cloak of criminal offence so as to settle the scores in Indirect and deceitful manner—Investigating agencies are required to vigilant so as to avoid any abuse of the process of the Court

December 2019

Cruelty to Wife—Quashing—Second Complaint on the same very allegations filed after about 18 years of marriage renders the allegations stale and unbecoming of a trial—FIR quashed  

By | December 30th, 2019|Quashing|

Read More
Comments Off on Cruelty to Wife—Quashing—Second Complaint on the same very allegations filed after about 18 years of marriage renders the allegations stale and unbecoming of a trial—FIR quashed  

Summoning Order—Summoning of an accused is a serious matter and the court at the stage of summoning are expected to analyze the evidence produced with due application of mind

By | December 25th, 2019|Quashing|

Read More
Comments Off on Summoning Order—Summoning of an accused is a serious matter and the court at the stage of summoning are expected to analyze the evidence produced with due application of mind

Quashing—Criminal proceeding initiated by the original complainant to settle the civil dispute is an abuse of process of law and is liable to be quashed

By | December 1st, 2019|Quashing|

Read More
Comments Off on Quashing—Criminal proceeding initiated by the original complainant to settle the civil dispute is an abuse of process of law and is liable to be quashed

November 2019

Medical Termination of Pregnancy Act, 1971, S.3–Termination of Pregnancy~ Quashing-Mere recovery of instruments used for termination of pregnancy from a Hospital which is not approved for conducting such procedure cannot be ground for making out an offence under Act of 1971-FIR and consequent proceedings quashed

By | November 18th, 2019|Quashing|

Read More
Comments Off on Medical Termination of Pregnancy Act, 1971, S.3–Termination of Pregnancy~ Quashing-Mere recovery of instruments used for termination of pregnancy from a Hospital which is not approved for conducting such procedure cannot be ground for making out an offence under Act of 1971-FIR and consequent proceedings quashed

Death by Negligence—Compromise between parties—Continuation of criminal proceedings between the parties would be an abuse of the process of law—Proceedings quashed        

By | November 15th, 2019|Quashing|

Read More
Comments Off on Death by Negligence—Compromise between parties—Continuation of criminal proceedings between the parties would be an abuse of the process of law—Proceedings quashed        

October 2019

Indian Penal Code, 1860, S.366–Kidnapping–Quashing–Non Compoundable Offence—Compromise between parties with an intent to give burial to their differences—Continuation of proceedings would be abuse of process of law—Complaint quashed

By | October 31st, 2019|Quashing|

Read More
Comments Off on Indian Penal Code, 1860, S.366–Kidnapping–Quashing–Non Compoundable Offence—Compromise between parties with an intent to give burial to their differences—Continuation of proceedings would be abuse of process of law—Complaint quashed
Copyright 2020 ABOUT PH LAW | All Rights Reserved |