ASHOK KUMAR SINGH

  Criminal proceedings  involving non-compoundable offence can be  quashed  at post-conviction stage invoking the power under Section 482 of the Code of  Criminal  Procedure upon a settlement between the convict and the victim, the Kerala  High Court  held. the power of the High Court in  quashing  a  crimin al  proceeding  or FIR or complaint in exercise of its inherent jurisdiction is distinct and different from the power given to a  crimin al court for compounding the offences under  Section 320  of the Code. Inherent power is of wide plenitude with no statutory limitation but it has to be exercised in accord with the guideline engrafted in such power viz; (i) to secure the ends of justice or (ii) to prevent abuse of the process of any Court. In what cases power to  quash  the  crimin al  proceeding  or complaint or F.I.R may be exercised where the offender and victim have settled...

  An  FIR  can be  quashed  by the High Court if the court is convinced that the person is innocent and has been falsely implicated. A High Court can  quash  the  FIR  on the ground that the case is a false case and will ask the police to set the aggrieved person free if he has been arrested. [Parbatbhai Aahir & Ors. Vs. State of Gujarat & Anr. (Criminal Appeal No. 1723 of 2017)] A full bench comprising of Hon'ble Mr. Chief Justice Dipak Misra, Hon'ble Mr. Justice AM Khanwilkar and Hon'ble Mr. Justice DY Chandrachud has laid down broad principles from various precedents in relation to Section 482 of the Code of Criminal Procedure (CrPC) for quashing of First Information Reports (FIRs) in the judgment passed in an appeal against a decision of the Gujarat High Court. The Gujarat High Court vide its judgment dated November 25, 2016, had dismissed an application under Section 482 of CrPC filed by the Appellants seeking quashing of FIR reg...

  " As Is" and "As Available " " As available " applies to goods and services, including those provided online. ... With apps and websites, " As Available " indicates contractual standards only when the product or service is available. “As Is” alerts a buyer in a sales contract that they accept the purchased item, be it real estate, animals, automobiles or appliances, in its present condition. It also assumes the buyer has a right to inspect the property first so they can assess any defects and make an informed decision. “As available” applies to goods and services, including those provided online. At its most simple definition, it refers to products in stock or real estate that remain on the market. Once purchased, there are no guarantees because the product is no longer available. It also refers to store or office hours with a bricks-and-mortar business. With apps and websites, “As Available” indicates contractual standards only when the produc...

  DISTRICT: SOUTH 24-PARGANAS   IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE   W. P. No.                      (W) of 2014   In the matter of An application under Article 226 of the Constitution of India                 And   In the matter of A writ in the nature of Mandamus and/or in the nature of Certiorari and/or in the nature of Prohibition and/or any such other appropriate writ/writs, order/orders and/or direction/directions under the Constitution of India   And   In the matter of Violation of the Principles of Natural Justice   And   In the matter of Article 14 of the Constitution of India   And   In the Matter of The Essential Commodities Act, 1955   And ...