Procedural defects in
filing affidavits can be rectified by submitting additional affidavits; failure
to reply to a notice does not invalidate SARFAESI proceedings.
Failure to properly
examine witnesses and CA report necessitates retrial for fair adjudication.
In the absence of
foundational facts, the burden cannot shift to the accused under Section 6 of
the POCSO Act.
Acquittal granted due to delay in FIR and inconsistencies in the victims statement.
Criminal proceedings
should not be quashed at a preliminary stage when doubts exist regarding the
necessity of sanction under Section 197 CrPC.
LOC issued without
specifying reasons is liable to be quashed.
Allegations
are vague and do not constitute an offense.
Absence of allegations
made in public view invalidates charges.
Utterances made in
judicial proceedings are protected, making prosecution unsustainable.
Lack of independent
evidence renders prosecution unsustainable.
Mental harassment and
cruelty are continuing wrongs and justify prosecution.
Mere attestation of a
document does not establish abetment to suicide.
FIR quashed as WhatsApp messages did not constitute
defamation under IPC or IT Act.
FIR quashed due to
delay in lodging the complaint and lack of evidence to substantiate allegations.
FIR quashed for want of
prior sanction and procedural irregularities.
Allegations vague and
lodged after considerable delay; FIR quashed.
Substantial injury
caused to public exchequer; quashing refused.
FIR quashed as the
allegations did not disclose inducement or intent to deceive.
Dispute predominantly
civil in nature, criminal color given to civil dispute amounts to abuse of
process of law.
No misappropriation or
proceeds of crime; hence, prosecution under IPC and PMLA is a misuse of process.
Tap the button below to open the PDF in your device's default viewer