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Shades of Knife

True Colors of a Vile Wife

Month: October 2018

Shital Dhake Vs Krushna Dhake on 06 October, 2018

Posted on October 29, 2018 by ShadesOfKnife

The cunning knife who is begging maintenance under HMA 24, cannot travel 125 KMs to attend Court and requires the assistance of an adult member of the family to travel, petitioned for Transfer of cases to her den location.

Just for some ‘utensils, Bed and Rukhwat items’ she denied to settle the matter even when the hubby dear is willing to dole out, an amount of Rs.10.50 lac as a One Time Comprehensive Settlement and part ways with the Applicant/ wife before it became more painful.

From Para 8 and 9,

At this juncture, the learned Advocate for the husband submits that though it was beyond his means, he has somehow accumulated Rs.10.50 lac so as to resolve this entire issue once and for all and part ways. If the wife wants to agitate on the utensils and Rukhwat, the husband is withdrawing his offer of depositing Rs.10.50 lac in this Court.

I see reason in the submissions of the learned Advocate for the husband and therefore, the offer that the Respondent/ Husband had made earlier, is permitted to be withdrawn and the amount of Rs.10.50 lac need not be deposited in this Court.

TRIVIA

The name of the knife is a little… Shit’al… LOL

Shital Dhake Vs Krushna Dhake on 06 October, 2018

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Posted in High Court of Bombay Judgment or Order or Notification | Tagged Research Further Shital Dhake Vs Krushna Dhake Transfer Petition Rejected | Leave a comment

Shital Dhake Vs Krushna Dhake on 02 February, 2018

Posted on October 29, 2018 by ShadesOfKnife

High Court of Bombay (Aurangabad Bench) has held that, there is no harm if such a print out from the official website is placed before this Court.

From Para 2 and 3,

I am of the view that this apprehension is misplaced since the print out of the orders of this Court from the official website has sanctity and the trial Courts are expected to consider the said orders, if they are cited after taking a print out from the official website. The said orders are also available before the trial Court from the official website and there can be a counter verification to find out whether such an order is actually uploaded to the official website or not. In this backdrop, there is no harm if such a print out from the official website is placed before this Court.

It is informed by the learned Advocates that, in several cases before various trial Courts, the learned Judges insist on production of the certified copy of the order and they are not inclined to consider the print out of an order from the official website of the Bombay High Court, as being a reliable document. As observed in the foregoing paragraphs, in the event of any doubt in the mind of the learned Judge, it can be checked from the official website of the Bombay High Court as to whether such an order has been uploaded or not? Once the order is uploaded on the official website, it is a reliable document to be considered by the Court before whom it is
cited.

Shital Dhake Vs Krushna Dhake on 02 February, 2018

Citations:

Indiankanoon.org or Casemine link:


Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from main.sci.gov.in/judgments, 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 Bombay Judgment or Order or Notification | Tagged Printout from High Court Site To be Consider in lieu of Certified Copy Shital Dhake Vs Krushna Dhake | 2 Comments

Capt. Anila Bhatia Vs State of Haryana on 09 October, 2018

Posted on October 28, 2018 by ShadesOfKnife

Now Hon’ble High of Punjab and Haryana also held that Courts/Police cannot impound anyone’s passport in India. Only Passport Authority can impound/revoke a passport in India.

Capt. Anila Bhatia Vs State of Haryana on 09 October, 2018

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Posted in High Court of Punjab & Haryana Judgment or Order or Notification | Tagged Capt. Anila Bhatia Vs State of Haryana Courts Can Not Impound Passport Only Passport Authority Can Impound Passport Passports Act - Sec 10(3)(e) Return The Passport To Accused | Leave a comment

Md.Ajmal Md.Amir Kasab @Abu Mujahid Vs State Of Maharashtra on 29 August, 2012

Posted on October 28, 2018 by ShadesOfKnife

This is the appeal made by the Pakistan terrorist Kasab which was dismissed by Hon’ble Supreme Court.

Md.Ajmal Md.Amir Kasab @Abu Mujahid Vs State Of Maharashtra on 29 August, 2012

Citations :

Other Sources :

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Md.Ajmal Md.Amir Kasab @Abu Mujahid Vs State Of Maharashtra Sensational Or Peculiar Cases Terrorist Attacks on Mumbai Case | Leave a comment

Santosh Bakshi Vs State Of Punjab And Ors on 30 June, 2014

Posted on October 27, 2018 by ShadesOfKnife

A peculiar case where the knife filed DV Case on in-laws alone, excluding her husband. The brother-in-law of the knife filed a complaint to police that knife has been filing false cases and police filed a case under IPC 182 after permission from SSP. Knife moved High Court for quash of this case and it was dismissed for lack of merits. Now Supreme Court has set aside this order of High Court and allowed the knife’s petition for quash.

From Para 14,

The complaint, if made, by any woman alleging offence under the Protection of Women from Domestic Violence Act, 2005 committed by any member of the family, the matter is to be looked upon seriously. The Police without proper verification and investigation cannot submit a report that no case is made out. The Investigating Agency is required to make proper enquiry not only from the members of the family but also from neighbours, friends and others. After such enquiry, the Investigating Agency may form a definite opinion and file report but it is for the Court to decide finally whether to take cognizance for any offence under any of the provisions of the Act.

This is where the judge takes a tangential swipe at a DV case to 498A case. Quite peculiar indeed.

Santosh Bakshi Vs State Of Punjab And Ors on 30 June, 2014

Citations : [2015 ALD CRL SC 1 518], [2014 SCC 13 25], [2014 SCC CRI 5 517], [2014 SCC ONLINE SC 495], [2014 AIR SC 2966], [2014 AIC 140 58], [2014 CRI LJ 4069], [2014 AIOL 394], [2014 BOMCR CRI SC 3 426], [2014 CRLJ SC 4069], [2014 JLJR SC 3 263], [2014 JT 8 574], [2014 RCR CRIMINAL SC 4 175], [2014 SCALE 8 226], [2014 AIR SC 4417], [2014 ALT CRI 3 314], [2014 SCJ 8 179], [2014 AIR SCW 4417]

Other Sources :

https://indiankanoon.org/doc/181157487/

https://www.casemine.com/judgement/in/5609af4ce4b0149711416147

https://advocatespedia.com/Santosh_Bakshi_vs_State_Of_Punjab_And_Ors_on_30_June,_2014


The High Court order that is set aside is given below.

Santosh Bakshi Vs State Of Punjab And Others on 12 July, 2013

 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged PWDV Act Sec 12 - Domestic Violence Application to Magistrate Reportable Judgement or Order Santosh Bakshi Vs State Of Punjab And Ors Sensational Or Peculiar Cases | Leave a comment

Royal Sundaram Alliance Insurance Co. Ltd. Vs Pawan Balram Mulchandani On 25 September, 2018

Posted on October 19, 2018 by ShadesOfKnife

In this case adjudicated by National Consumer Disputes Redressal Commission, it was held unequivocally that a murder is an accidental death from the perspective of the policy holder or accidental death insurance policy. Moreover ‘Murder’ was not specifically excepted in the policy.

It has granted Rs.20,00,000/- sum assured with 9% interest per annum from the date of repudiation along with cost of Rs.25,000/-.  In addition, reasonable compensation of Rs.2,00,000/- shall also be paid by the insurance company to the nominees of the policy holder/deceased.

Royal Sundaram Alliance Insurance Co. Ltd. Vs Pawan Balram Mulchandani On 25 September, 2018

CItations :

Other Sources :

Posted in National Consumer Disputes Redressal Commission | Tagged Grant Compensation In Accidental Deaths Murder Is Accident For Insurance Purposes Royal Sundaram Alliance Insurance Co. Ltd. Vs Pawan Balram Mulchandani | Leave a comment

B.S. Joshi & Ors Vs State Of Haryana & Anr on 13 March, 2003

Posted on October 18, 2018 by ShadesOfKnife

This is the landmark judgment from Hon’ble Supreme Court, which laid down the law that under CrPC 482, High Courts can quash a FIR or non-compoundable case such as 498A and 406 IPC.

From Para 13-15,

13. The observations made by this Court, though in a slightly different context, in G.V Rao v. L.H.V Prasad 2000 3 SCC 693 are very apt for determining the approach required to be kept in view in a matrimonial dispute by the courts. It was said that there has been an outburst of matrimonial disputes in recent times. Marriage is a sacred ceremony, the main purpose of which is to enable the young couple to settle down in life and live peacefully. But little matrimonial skirmishes suddenly erupt which often assume serious proportions resulting in commission of heinous crimes in which elders of the family are also involved with the result that those who could have counselled and brought about rapprochement are rendered helpless on their being arrayed as accused in the criminal case. There are many other reasons which need not be mentioned here for not encouraging matrimonial litigation so that the parties may ponder over their defaults and terminate their disputes amicably by mutual agreement instead of fighting it out in a court of law where it takes years and years to conclude and in that process the parties lose their “young” days in chasing their “cases” in different courts.

14. There is no doubt that the object of introducing Chapter XX-A containing Section 498-A in the Indian Penal Code was to prevent torture to a woman by her husband or by relatives of her husband. Section 498-A was added with a view to punishing a husband and his relatives who harass or torture the wife to coerce her or her relatives to satisfy unlawful demands of dowry. The hypertechnical view would be counterproductive and would act against interests of women and against the object for which this provision was added. There is every likelihood that non-exercise of inherent power to quash the proceedings to meet the ends of justice would prevent women from settling earlier. That is not the object of Chapter XX-A of the Indian Penal Code.

15. In view of the above discussion, we hold that the High Court in exercise of its inherent powers can quash criminal proceedings or FIR or complaint and section 320 of the code does not limit or affect the powers under section 482 of the code.

B.S. Joshi & Ors Vs State Of Haryana & Anr on 13 March, 2003

Citations : [2003 ACR SC 2 1305], [2003 AIR SC 1386], [2003 ALD CRI 1 842], [2003 ALR 51 222], [2003 ALT CRI 2 60], [2003 ALT SC 5 4], [2003 CALLT SC 3 32], [2003 CGLJ 2 35], [2003 CTC 3 54], [2003 DMC SC 1 524], [2003 GLH 2 351], [2003 JKJ SC 2 439], [2003 JT SC 3 277], [2003 KLT SC 2 1062], [2003 OLR 2 101], [2003 RCR CRIMINAL 2 888], [2003 SCALE 3 214], [2003 SCC 4 675], [2003 SCR 2 1104], [2003 UC 2 827], [2003 UJ 2 953], [2003 SCC CRI 848], [2003 CRI LJ 2028]

Other Sources :

https://indiankanoon.org/doc/469138/

https://www.casemine.com/judgement/in/5609adc9e4b0149711412459


Another landmark judgment which cites this judgment is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision B.S. Joshi and Ors Vs State Of Haryana and Anr Catena of Landmark Judgments Referred/Cited to CrPC 482 – IPC 498A Quashed IPC 406 - Not Made Out Landmark Case Reportable Judgement or Order Section 482 CrPC And Article 226 Of Constitution Of India Overrides Section 320 CrPC State Of Haryana Vs Ch Bhajan Lal | Leave a comment

Jitendra Raghuvanshi & Ors Vs Babita Raghuvanshi & Anr on 15 March, 2013

Posted on October 18, 2018 by ShadesOfKnife

A similar judgment to this one here from Apex Court.

Jitendra Raghuvanshi & Ors Vs Babita Raghuvanshi & Anr on 15 March, 2013

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Posted in Supreme Court of India Judgment or Order or Notification | Tagged CrPC 482 - Quash FIR Quashed Due to Out-Of-Court Settlement Jitendra Raghuvanshi and Ors Vs Babita Raghuvanshi and Anr | Leave a comment

Gian Singh Vs State Of Punjab & Anr on 24 September, 2012

Posted on October 18, 2018 by ShadesOfKnife

The legal contention to be decided authoritatively in this case in front of Apex Court is that “it should not be understood to have meant that Judges can quash any kind of criminal case merely because there has been a compromise between the parties. After all, a crime is an offence against society, and not merely against a private individual”.

This was referred from a 2-judge bench of Apex Court to decide the issue authoritatively and dissolve the ambiguity, if any.

Some or all of the following tests may be relevant to decide whether to quash or not to quash the criminal proceedings in a given case;

(a) the nature and gravity of case;

(b) does the dispute reflect overwhelming and predominantly civil flavour;

(c) would the quashing involve settlement of entire or almost the entire dispute;

(d) the compromise/settlement between parties and/or other facts and the circumstances render possibility of conviction remote and bleak;

(e) not to quash would cause extreme injustice and would not serve ends of justice and

(f) not to quash would result in abuse of process of court.

Gian Singh Vs State Of Punjab & Anr on 24 September, 2012

The key judgment cited in this judgment is here.


Citations: [2012 SCALE 9 257], [2012 SLT 7 171], [2012 CRLJ SC 4934], [2012 RCR CRIMINAL SC 4 543], [2012 SCC 10 303], [2012 AIR SC 5333], [2012 BOMCR CRI SC 4 428], [2013 SCC CRI 1 160], [2012 CRIMES SC 4 155], [2012 AIOL 413], [2012 SCC CIV 4 1188], [2012 SCC L&S 2 988], [2012 SCC ONLINE SC 769], [2012 KLJ 4 141], [2012 KERLT 4 108], [2012 GUJ LH 3 394], [2012 AIR SC SUPP 838], [2013 RLW SC 4 3573], [2013 BLJ 2 289], [2012 SCR 8 753], [2012 KARLJ 5 476], [2012 WLN 4 71], [2012 CGLRW 3 98], [2012 JT SC 9 426], [2012 AIR SCW 5333]

Other Sources:

https://indiankanoon.org/doc/69949024/

https://www.casemine.com/judgement/in/5609af16e4b014971141590c

https://indianlawportal.co.in/gian-singh-v-state-of-punjab/

Posted in Supreme Court of India Judgment or Order or Notification | Tagged CrPC 320 - Compounding of offences CrPC 482 - Saving of inherent powers of High Court CrPC 482 – IPC 498A Quashed Due To Compromise Gian Singh Vs State Of Punjab and Anr Landmark Case Legal Procedure Explained - Interpretation of Statutes Referred to Large Bench Reportable Judgement or Order Sandeep Pamarati Section 482 CrPC And Article 226 Of Constitution Of India Overrides Section 320 CrPC | Leave a comment

Chinta Lakshmikanth Vs Chintha Jayashree on 18 July, 2014

Posted on October 18, 2018 by ShadesOfKnife

Interim Stay is granted on DVC Proceedings in this case by Hon’ble High Court of Andhra Pradesh.

Highlight of the case: 19 Respondents are arrayed as accused!!!

Chinta Lakshmikanth Vs Chintha Jayashree on 18 July, 2014

Here is the status of this case, as on the date of this posting.

Chinta Lakshmikanth Vs Chintha Jayashree - Case Status

 

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged Chinta Lakshmikanth Vs Chintha Jayashree Find Update PWDV Act - Stay Granted | Leave a comment

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