Topic

Quashment of Proceedings

4 articlesLatest June 2026
Section 13(1)(d)(ii) PC Act | Failure to Obtain Administrative Sanction + Market Price Fluctuations Do Not Establish Dishonest Intent: Kerala HC
Case Law Analysis
|Kerala High Court

Section 13(1)(d)(ii) PC Act | Failure to Obtain Administrative Sanction + Market Price Fluctuations Do Not Establish Dishonest Intent: Kerala HC

The Kerala High Court quashed corruption proceedings against a contractor, holding that absence of administrative sanction and changes in market rates alone cannot prove dishonest intent under the Prevention of Corruption Act. This clarifies that prosecutorial reliance on procedural lapses without evidence of mala fide at the time of agreement violates the core requirement of mens rea under Section 13(1)(d)(ii), protecting contractors from speculative charges.

Section 138 NI Act | Presumption of Liability on Cheque Issuance Mandates Trial; Quashing at Threshold Unwarranted : Gauhati HC
Case Law Analysis
|Gauhati High Court

Section 138 NI Act | Presumption of Liability on Cheque Issuance Mandates Trial; Quashing at Threshold Unwarranted : Gauhati HC

Gauhati High Court rules that once a cheque is issued under Section 138 of the Negotiable Instruments Act, the presumption of liability arises, shifting the burden of proof to the accused. The court held that absence of debt must be proven at trial, not during pre-trial quashment proceedings, reinforcing the strict interpretation of cheque dishonour cases.