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Shades of Knife

True Colors of a Vile Wife

Month: May 2018

Hemlataben Maheshbhai Chauhan Vs State of Gujarat on 21 October, 2010

Posted on May 20, 2018 by ShadesOfKnife

In this Gujarat High Court order, Judge denied interim maintenance to Knife in DVC as she was already getting maintenance under Section 125 of CrPC.

Hemlataben Maheshbhai Chauhan Vs State of Gujarat on 21 October, 2010

Citations:

Other sources:

https://indiankanoon.org/doc/802854/


Index of DV Judgments is here.

Posted in High Court of Gujarat Judgment or Order or Notification | Tagged 1-Judge Bench Decision Able To Maintain Herself CrPC 125 or BNSS 144 - Order for Maintenance of Wives Children and Parents CrPC 125(3) or BNSS 144(3) - No Automatic Arrest on Failure To Pay Maintenance CrPC Sec 125 or BNSS Sec 144 - Interim Maintenance Denied Hemlataben Maheshbhai Chauhan PWDV Act Sec 12 - Domestic Violence Application to Magistrate PWDV Act Sec 23 - Interim Maintenance Denied | Leave a comment

XXX Vs YYY on 27 Jul 2017

Posted on May 20, 2018 by ShadesOfKnife

This Maintenance order, under section 24 of Hindu Marriage Act, is modified ‘from the date of order’ to ‘from date of application’ by Karnataka High Court, thereby enormously enhancing the overall interim maintenance to be paid by husband.

XXX-Vs-YYY-on-27-Jul-2017-Parties-names-addresses-redacted

Index of Maintenance Orders under Hindu Marriage Act are here.


Note: Name and Address of the Petitioner and her family members are redacted upon her request emails dt: 05 Jul 2023 and 25 Apr 2025.

Also received another email Dt: 22-Jul-2025 from the Petitioner, annexed with two Orders from Karnataka High Court (in WP 15781 of 2024), which is mentioned here for transparency sake. These Orders were duly complied on 24-Jul-2025

 

Posted in High Court of Karnataka Judgment or Order or Notification | Tagged Article 226 - Power of High Courts to issue certain writs Article 227 - Power of superintendence over all courts by the High Court HM Act 24 - Maintenance From Date of Application Or Petition HM Act Sec 24 - Interim Maintenance Enhanced HM Act Sec 24 - Interim Maintenance Granted PWDV Act Sec 20 - Maintenance From Date of Order PWDV Act Sec 29 - Interim Maintenance Enhanced XXX Vs YYY | Leave a comment

IPC 354 – Assault or criminal force to woman with intent to outrage her modesty

Posted on May 20, 2018 by ShadesOfKnife

354. Assault or criminal force to woman with intent to outrage her modesty.

—Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will thereby outrage her modesty, shall be punished with impris­onment of either description for a term which may extend to two years, or with fine, or with both.


IPC 354A here.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged IPC 354 - Assault of criminal force to woman with intent to outrage her modesty | Leave a comment

IPC 209 – Dishonestly making false claim in Court

Posted on May 20, 2018 by ShadesOfKnife

209. Dishonestly making false claim in Court.

—Whoever fraudu­lently or dishonestly, or with intent to injure or annoy any person, makes in a Court of Justice any claim which he knows to be false, shall be punished with imprisonment of either descrip­tion for a term which may extend to two years, and shall also be liable to fine.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged IPC 209 - Dishonestly making false claim in Court | Leave a comment

Subrata Roy Sahara Vs Union of India & Ors on 6 May, 2014

Posted on May 20, 2018 by ShadesOfKnife

Hon’ble Supreme Court has shown it’s disgust toward frivolous litigants in this case.

Relevant portions of the said judgment are as under:

“191. The Indian judicial system is grossly afflicted, with frivolous litigation. Ways and means need to be evolved, to deter litigants from their compulsive obsession, towards senseless and ill-considered claims. One needs to keep in mind, that in the process of litigation, there is an innocent sufferer on the other side, of every irresponsible and senseless claim. He suffers long drawn anxious periods of nervousness and restlessness, whilst the litigation is pending, without any fault on his part. He pays for the litigation, from out of his savings (or out of his borrowings), worrying that the other side may trick him into defeat, for no fault of his. He spends invaluable time briefing counsel and preparing them for his claim. Time which he should have spent at work, or with his family, is lost, for no fault of his. Should a litigant not be compensated for, what he has lost, for no fault?…”

Subrata Roy Sahara Vs Union of India & Ors on 6 May, 2014
Posted in Supreme Court of India Judgment or Order or Notification | Tagged Subrata Roy Sahara Vs Union of India and Ors | Leave a comment

HS Bedi Vs National Highway Authority Of India on 22 January, 2016

Posted on May 19, 2018 by ShadesOfKnife

This is a wonderful judgment from Justice J R Midha explaining in detail and elaborate what is an offence under Section 209 IPC and how to get the offender punished.

HS Bedi Vs National Highway Authority Of India on 22 January, 2016

Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in

Posted in High Court of Delhi Judgment or Order or Notification | Tagged IPC 209 - Dishonestly making false claim in Court Perjury - Approached Court with Unclean Hands Perjury Under 340 CrPC | Leave a comment

Sulochana Vs Thiru. R.Sivasamy on Pronounced on 24 May, 2017

Posted on May 19, 2018 by ShadesOfKnife

The procedure to file a perjury case is detailed in this nice judgment from Madras High Court.

 

Sulochana vs Thiru. R.Sivasamy on Pronounced on 24 May, 2017
Posted in High Court of Madras Judgment or Order or Notification | Tagged IPC 209 - Dishonestly making false claim in Court Legal Procedure Explained - Interpretation of Statutes Perjury Under 340 CrPC Sulochana | Leave a comment

Chandra Kanjappa Kuchchikurwe Vs State Of Maharashtra & Anr. on 14 December, 2012

Posted on May 19, 2018 by ShadesOfKnife

Wonderful point:

Since the offences, with which the applicant is charged, are bailable, the anticipatory bail application is not maintainable

Read Paras 5-10

Even though Section 324 IPC is made non-bailable via Code of Criminal Procedure (Amendment) Act of 2005, (Act No.25 of 2005), but it was NOT appointed into force, by a notification in the Official Gazette by Central Government.

Chandra Kanjappa Vs State Of Maharashtra & Anr. on 14 December, 2012
Posted in High Court of Bombay Judgment or Order or Notification | Tagged Chandra Kanjappa Kuchchikurwe Vs State Of Maharashtra and Anr CrPC 438 - Anticipatory Bail Not Maintainable | Leave a comment

Shelbin Vs State of Kerala on 16 February, 2018

Posted on May 19, 2018 by ShadesOfKnife

Anticipatory bail granted by Kerala High Court for offence under section 324 of IPC

Shelbin Vs State of Kerala on 16 February, 2018
Posted in High Court of Kerala Judgment or Order or Notification | Tagged CrPC 438 - Anticipatory Bail Granted IPC 324 - Voluntarily causing hurt by dangerous weapons or means IPC 438 - Punishment for the mischief described in section 437 committed by fire or explosive substance SC and ST Act Shelbin Vs State of Kerala | Leave a comment

Anticipatory Bail Orders

Posted on May 19, 2018 by ShadesOfKnife

Anticipatory bail granted in cases filed under various IPC sections. The bare section is here.

Supreme Court of India

  1. Gurbaksh Singh Sibbia Etc Vs State Of Punjab on 9 April, 1980 [Landmark Judgment: AB valid until end of Trial; No FIR necessary for grant of AB]
  2. Arnesh Kumar Vs State of Bihar and Anr on 2 July 2014 [Landmark Judgment: No automatic arrest in all cases with punishment less than or up to 7 years]
  3. Siddharam Satlingappa Mhetre Vs State Of Maharashtra And Others on 2 December, 2010 [Landmark Judgment: AB valid until end of Trial]
  4. Bhadresh Bipinbhai Sheth Vs State of Gujarat and Anr on 1 Sep 2015 [Ground for grant of AB]
  5. Sushila Aggarwal and Ors Vs State (NCT of Delhi) on 15 May, 2018
    • Sushila Aggarwal and Ors Vs State (NCT of Delhi) on 29 January 2020 [Landmark Judgment: AB valid until end of Trial]
  6. Dr. Rajesh Pratap Giri Vs State of U.P. and Anr on 05 Mar 2021 [No need to go and obtain Regular Bail after filing of Charge sheet by IO, if Anticipatory Bail was granted earlier]
  7. Udho Thakur Vs State of Jharkhand on 29 Sep 2022 [No Payments when allowing Anticipatory Bail]
  8. Monirul Islam Vs The State of West Bengal on 01 Dec 2022 [AB cannot passed for a fixed time period]
  9. Bimla Tiwari Vs State of Bihar and Ors on 16 Jan 2023 [Criminal Proceedings cannot be converted into Recovery Proceedings]
  10. Kunal Choudhary Vs State of Jharkhand and Anr on 05 Dec 2023 [A condition to take wife to home is untenable while granting anticipatory bail]

 

 

Allahabad High Court

  1. Javed Ahmad Vs State of U.P. and Anr on 13 Feb 2023 [Relies on Gurbaksh Singh Sibbia; FIR is not a pre-condition to grant AB, but Reasonable Apprehension Of Being Arrested has to be explained]

 

Bombay High Court

  1. Chandra Kanjappa Kuchchikurwe Vs State Of Maharashtra & Anr. on 14 December, 2012

 

Kerala High Court

  1. Koshore Vs State of Kerala on 16 February, 2016
  2. Shelbin Vs State of Kerala on 16 February, 2018

 

District Courts

  1. In re:- Arnab Rao @ Arnad Roa

Index of all Bail matters is here.

Posted in File a Petition | Tagged Catena of Landmark Judgments Referred/Cited to Criminal Proceedings cannot be converted into Recovery Proceedings CrPC 438 - Anticipatory Bail Summary Post Work-In-Progress Article | Leave a comment

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