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Shades of Knife

True Colors of a Vile Wife

Month: May 2018

Laljee Yadav Vs The State Of Bihar on 16 September, 2011

Posted on May 10, 2018 by ShadesOfKnife

This is a wonderful judgment explaining the imprisonment of accused who fails to make the maintenance payments to Knife under Sec 125(3) of CrPC.

Noticing the peculiar situation where virtually the petitioner has been made to serve life sentence and the insensitivity of the Judge in the matter, we called for the lower Court records to examine for ourselves the facts because if what is being said by the Principal Judge, Family Court is to be accepted then the petitioner would virtually be serving a life sentence with no remission possible.

 

What is more scandalous is, as will be shown, petitioner has been kept in prison mechanically and that too for months even without any order of remand by the learned Principal Judge, Family Court.

 

The Code itself provides by Section 421 for warrant for levy of fine….

… A reference to Section 421 and the proviso would show that it clearly prohibits a person to be imprisoned in execution of warrant levying fine which would simply for recovery of the maintenance and, thus, there is no scope for issuance of any distress warrant for detaining a defaulter husband.

 

For the purposes of sentencing, the Code has provision in terms of Sections 29 and 30 thereof but the question remains that can there be a sentence straightway upon default being shown. In our view, no.

 

Unfortunately, in total disregard to the binding precedent, the learned Principal Judge, Family Court proceeded. The result is that the petitioner is being detained in custody ad infinitum which is against the statutory provisions.

 

Again, this is significant inasmuch as the maintenance being a monthly payment, for each month’s default, defaulter can be sentenced for a month’s imprisonment.

 

As seen above, the maintenance is to be fixed on monthly basis. The sentence has, accordingly, been limited to a month maximum for each breach.

 

We, therefore, hold that the detention of the petitioner cannot be justified and is contrary to the scheme as provided under Section 125 (3) of the Code. We have no option accordingly but to direct the immediate release of the petitioner, while quashing the order committing the petitioner to custody and subsequent orders of remand. The writ application is allowed.

 

Laljee Yadav vs The State Of Bihar on 16 September, 2011
Posted in High Court of Patna Judgment or Order or Notification | Tagged CrPC 125(3) or BNSS 144(3) - No Automatic Arrest on Failure To Pay Maintenance CrPC 421 - Warrant for levy of fine Failure To Pay Maintenance Follow CrPC 421 For Maintenance Recovery Landmark Case Legal Procedure Explained - Interpretation of Statutes Maintenance No Automatic Arrest Order Quashed | Leave a comment

B Sunitha Vs The State Of Telangana on 5 December, 2017

Posted on May 8, 2018 by ShadesOfKnife

In this case, the advocate asked for a percentage of the alimony amount from the Knife !!

B Sunitha vs The State Of Telangana on 5 December, 2017
Posted in Supreme Court of India Judgment or Order or Notification | Tagged Advocate Antics B Sunitha Vs The State Of Telangana Private Person or GPA Holder To Act and Plead for Plaintiff | Leave a comment

Shalu Ojha Vs Prashant Ojha on 18 September, 2014

Posted on May 8, 2018 by ShadesOfKnife

Interesting act of counsel !!

In Para 14,

Strangely, when the appellant’s application for the payment of current maintenance in C.M. No.18869 of 2013 was listed on 27.5.2014 before the High Court along with other connected matters in Appeal (Crl. Misc. Case No.1975 of 2013) preferred by the respondent, the application of the appellant was dismissed as “not pressed” on representation made by the counsel appearing for the appellant. The
appellant appeared in person before us and made a statement that such instructions not to press the application were never given to the counsel who appeared in the High Court and hence the present appeal.

Shalu Ojha vs Prashant Ojha on 18 September, 2014

 

The same parties have been fighting DVC case still and the case number at Apex Court is “Petition(s) for Special Leave to Appeal (Crl.) No(s). 3935/2016“.

Search for latest daily orders here.

Search link on Indiankanoon.org here.


The Case Index is available here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Advocate Antics Shalu Ojha Vs Prashant Ojha | Leave a comment

Sanjaya Narayan Sahoo Vs State Of Odisha on 1 May, 2018

Posted on May 8, 2018 by ShadesOfKnife

Another instance of advocate fraud this time whereby an advocate demanding percentage on the permanent alimony is against professional ethics which is not permissible in law.

 

Sanjaya Narayan Sahoo vs State Of Odisha on 1 May, 2018
Posted in High Court of Orissa Judgment or Order or Notification | Tagged Advocate Antics Sanjaya Narayan Sahoo Vs State Of Odisha | Leave a comment

Bobbili Ramakrishna Raju Yadav Vs State of AP Rep. By Its Public on 19 January, 2016

Posted on May 8, 2018 by ShadesOfKnife

A key legal point enunciated by Hon’ble Supreme Court in this judgment.

In Para 13,

Giving of dowry and the traditional presents at or about the time of wedding does not in any way raise a presumption that such a property was thereby entrusted and put under the dominion of the parents-in-law of the bride or other close relations so as to attract ingredients of Section 6 of the Dowry Prohibition Act.

 

Bobbili Ramakrishna Raju Yadav & vs State Of A P Rep. By Its Public on 19 January, 2016
Posted in Supreme Court of India Judgment or Order or Notification | Tagged Bobbili Ramakrishna Raju Yadav Vs State of AP DP Act 6 - Not Made Out Legal Procedure Explained - Interpretation of Statutes | Leave a comment

Geeta Mehrotra and Anr Vs State Of U.P. and Anr on 17 October, 2012

Posted on May 8, 2018 by ShadesOfKnife

This is a popular quash judgment from Hon’ble Supreme Court in a case of IPC 498A, IPC 504, IPC 506 and 3 & 4 of DP Act.

The grounds on which quash is done are

  1. No territorial jurisdiction
  2. No specific allegations on accused
  3. No justification for delay of 7 years in filing complaint

 

Geeta Mehrotra & Anr vs State Of U.P. & Anr on 17 October, 2012

Indiankanoon.org link: https://indiankanoon.org/doc/125470413/

Citations: [(2012) 10 SCC 741]


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 Supreme Court of India Judgment or Order or Notification | Tagged Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations Delay or Unexplained Delay In Filing Complaint DP Act 3 - Not Made Out DP Act 4 - Not Made Out Geeta Mehrotra and Anr Vs State Of U.P. and Anr IPC 506 - Not Made Out Landmark Case Legal Procedure Explained - Interpretation of Statutes No Territorial Jurisdiction Reportable Judgement or Order | Leave a comment

Banti And Others vs State Of U.P. And Another on 31 August, 2012

Posted on May 5, 2018 by ShadesOfKnife

This is a interesting judgment from Allahabad High court where the Hon’ble Judge has, in detail, elaborated the procedure of application of discharge and various allied aspects such as CrPC 239, CrPC 244, CrPC 245 and CrPC 246.

 

Banti And Others vs State Of U.P. And Another on 31 August, 2012

 

Posted in High Court of Allahabad Judgment or Order or Notification | Tagged Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations CrPC 239 - When accused shall be discharged CrPC 244 - Evidence for Prosecution CrPC 245 - When accused shall be discharged CrPC 246 - Procedure where accused is not discharged CrPC 482 – FIR Quashed IPC 498a - Not Made Out Legal Procedure Explained - Interpretation of Statutes | Leave a comment

CrPC 179 – Offence triable where act is done or consequence ensues

Posted on May 5, 2018 by ShadesOfKnife

179. Offence triable where act is done or consequence ensues.

When an act is an offence by reason of anything which has been done and of a consequence which has ensued, the offence may be inquired into or tried by a Court within whose local jurisdiction such thing has been done or such consequence has ensued.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged CrPC 179 - Offence Triable Where Act is Done or Consequence Ensues | Leave a comment

CrPC 177 – Ordinary place of inquiry and trial

Posted on May 5, 2018 by ShadesOfKnife

177. Ordinary place of inquiry and trial.

Every offence shall ordinarily be inquired into and tried by a Court within whose local jurisdiction it was committed.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged CrPC 177 - Ordinary Place of Inquiry and Trial | Leave a comment

Article 142 of The Constitution Of India

Posted on May 5, 2018 by ShadesOfKnife

142. Enforcement of decrees and orders of Supreme Court and unless as to discovery, etc

( 1 ) The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or orders so made shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by order prescribe

(2) Subject to the provisions of any law made in this behalf by Parliament, the Supreme Court shall, as respects the whole of the territory of India, have all and every power to make any order for the purpose of securing the attendance of any person, the discovery or production of any documents, or the investigation or punishment of any contempt of itself
Posted in The Constitution Of India | Tagged Article 142 - Enforcement of decrees and orders of Supreme Court and orders as to discovery etc | Leave a comment

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Delighted to meet the Chairman of the Rastriya Swatantra Party of Nepal Mr. Rabi Lamichhane. I welcome and fully share his desire to work closely together for a shared and prosperous future.

Nepal is a priority partner under our Neighbourhood First policy and we look forward to

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CONGRESS ALLOWS SHARIA COMPLIANT GYM IN KERALA!

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#WATCH | Maharashtra: The passing out parade at the Combat Army Aviation Training School in Nashik, concluded on an emotional note for a couple as Captain Bharat Bhardwaj proposed marriage to his partner.

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