Digi - Legal Insights
CRIMINAL LAW
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Allegations
are vague and do not constitute an offense.
CRIMINAL LAW
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Absence of allegations
made in public view invalidates charges.
CRIMINAL LAW
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Utterances made in
judicial proceedings are protected, making prosecution unsustainable.
CRIMINAL LAW
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Lack of independent
evidence renders prosecution unsustainable.
CRIMINAL LAW
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Mental harassment and
cruelty are continuing wrongs and justify prosecution.
CRIMINAL LAW
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Mere attestation of a
document does not establish abetment to suicide.
CRIMINAL LAW
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FIR quashed as WhatsApp messages did not constitute
defamation under IPC or IT Act.
CRIMINAL LAW
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FIR quashed due to
delay in lodging the complaint and lack of evidence to substantiate allegations.
CRIMINAL LAW
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FIR quashed for want of
prior sanction and procedural irregularities.
CRIMINAL LAW
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Allegations vague and
lodged after considerable delay; FIR quashed.
CRIMINAL LAW
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Substantial injury
caused to public exchequer; quashing refused.
CRIMINAL LAW
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FIR quashed as the
allegations did not disclose inducement or intent to deceive.
CRIMINAL LAW
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Dispute predominantly
civil in nature, criminal color given to civil dispute amounts to abuse of
process of law.
CRIMINAL LAW
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No misappropriation or
proceeds of crime; hence, prosecution under IPC and PMLA is a misuse of process.
CRIMINAL LAW
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Charges quashed due to
non-application of judicial mind while framing charges under Sections 354 and
354C IPC.
SERVICE LAW
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Petitioners have failed to comply with previous judicial directives, including two undertakings regarding Respondent No.1s status, indicating willful defiance of Court orders.
CRIMINAL LAW
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Once foundational facts
are proved, the burden shifts to the accused to rebut the presumption under
Section 29 of the POCSO Act.
CRIMINAL LAW
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Petitioners did not intentionally aid or conspire to cause suicide and continuing prosecution would constitute an abuse of legal process hence, impugned FIR registered of alleged offences set aside.
CRIMINAL LAW
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The presumption under
Section 29 of the POCSO Act is triggered only when the prosecution establishes
foundational facts beyond a reasonable doubt.
CRIMINAL LAW
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Statutory powers of attachment must be exercised with due process and cannot overwrite constitutional protection to property without fair opportunity of being heard.