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Shades of Knife

True Colors of a Vile Wife

Month: March 2019

State Vs Prem Kumar (Brother In Law) on 30 April, 2013

Posted on March 24, 2019 by ShadesOfKnife

Dr Kamini Lau, has levied Rs.5,000 to be deducted from the salary of the officer of the Prosecution Department responsible for violating and ignoring the directions issued by the Delhi High Court. The Delhi Government PP had routinely approved to file a revision and got this treatment.

Excellent !!!

State Vs Prem Kumar (Brother In Law) on 30 April, 2013
Posted in District or Sessions or Magistrate Court Judgment or Order or Notification | Tagged Discourage Roping In All Relatives Of In-Laws Or Distant Relatives Fine For Contempt Of Court Perjury - Not Initiated Suo Moto State Vs Prem Kumar (Brother In Law) | Leave a comment

Guntamukkala Naga Venkata Kanaka Durga Nagamani Vs Guntamukkala Eswar Sudhakar on 19 October, 2012

Posted on March 23, 2019 by ShadesOfKnife

Cunning knife did drama in court seeking huge alimony but learned Judges of Hon’ble High Court of Andhra Pradesh showed her the door and levied costs for lying to court and filing false affidavits.

From Para 30,

On necessary analysis we find it difficult to accept these observations as it appears that the legislative intendment in framing Section 18 of HAM Act and Section 25 of HM Act are quite different. This is born out from the fact that Section 18 of HAM Act is intended for granting divorce to a wife when her marriage with her husband has been subsisting against her husband subject to the limitations provided therein, whereas Section 25 of HM Act is intended for granting maintenance to a divorced wife or husband subject to their conduct. No doubt, “wife” includes a divorced wife under normal parlance, but the question of awarding maintenance to her either as a wife or divorced wife should be within the legislative intendment or spirit. In other words, when the legislature framed Section 18 of HAM Act in the context of providing maintenance to a wife against her husband while their marriage has been subsisting, that is quite different from its intention in framing Section 25 of HM Act, the provisions of which are made applicable only to a divorced wife or husband subject to the conduct of himself or herself. The interpretation made in the decision cited to treat a wife who is not a divorcee and the wife who is a divorcee on equal footing for the purpose of awarding maintenance under Section 18 of HAM Act does not appear to be logical.

Guntamukkala Naga Venkata Kanaka Durga Nagamani Vs Guntamukkala Eswar Sudhakar on 19 October, 2012

 

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged Guntamukkala Naga Venkata Kanaka Durga Nagamani Vs Guntamukkala Eswar Sudhakar HAM Act Sec 18 - Interim Maintenance Denied HM Act 25 - Permanent Alimony Denied Sandeep Pamarati | Leave a comment

A.Shanmugam Vs Ariya K.R.K.M.N.P.Sangam on 27 April, 2012

Posted on March 23, 2019 by ShadesOfKnife

My Favorite Mr Justice Dalveer Bhandari of Supreme Court of India delivered this judgment. He elaborately destroyed the false pleadings and false pleas made by the Appellate solely for the purpose of dragging on the case. Observe how he cites all his past landmark, reported judgments in this one and sets the stage to expose the appellate thoroughly.

From Para 21,

This case demonstrates widely prevalent state of affairs where litigants raise disputes and cause litigation and then obstruct the progress of the case only because they stand to gain by doing so. It is a matter of common experience that the Court’s otherwise scarce resources are spent in dealing with non-deserving cases and unfortunately those who were waiting in the queue for justice in genuine cases usually suffer. This case is a typical example of delayed administration of civil justice in our Courts. A small suit, where the appellant was directed to be evicted from the premises in 1994, took 17 years before the matter was decided by the High Court. Unscrupulous litigants are encouraged to file frivolous cases to take undue advantage of the judicial system.

From Para 35,

Experience also reveals that our Courts have been very reluctant to grant the actual or realistic costs. We would like to explain this by giving this illustration. When a litigant is compelled to spend Rs.1 lac on a frivolous litigation there is hardly any justification in awarding Rs. 1,000/- as costs unless there are special circumstances of that case.We need to decide cases while keeping pragmatic realities in view. We have to ensure that unscrupulous litigant is not permitted to derive any benefit by abusing the judicial process.

From Para 42,

On the facts of the present case, following principles emerge:
1. It is the bounden duty of the Court to uphold the truth and do justice.
2. Every litigant is expected to state truth before the law court whether it is pleadings, affidavits or evidence. Dishonest and unscrupulous litigants have no place in law courts.
3. The ultimate object of the judicial proceedings is to discern the truth and do justice. It is imperative that pleadings and all other presentations before the court should be truthful.
4. Once the court discovers falsehood, concealment, distortion, obstruction or confusion in pleadings and documents, the court should in addition to full restitution impose appropriate costs. The court must ensure that there is no incentive for wrong doer in the temple of justice. Truth is the foundation of justice and it has to be the common endeavour of all to uphold the truth and no one should be permitted to pollute the stream of justice.
5. It is the bounden obligation of the Court to neutralize any unjust and/or undeserved benefit or advantage obtained
by abusing the judicial process.
6. Watchman, caretaker or a servant employed to look after the property can never acquire interest in the property
irrespective of his long possession. The watchman, caretaker or a servant is under an obligation to hand over the possession forthwith on demand. According to the principles of justice, equity and good conscience, Courts are not justified in protecting the possession of a watchman, caretaker or servant who was only allowed to live into the premises to look after the same.
7. The watchman, caretaker or agent holds the property of the principal only on behalf the principal. He acquires no right or interest whatsoever in such property irrespective of his long stay or possession.
8. The protection of the Court can be granted or extended to the person who has valid subsisting rent agreement, lease agreement or licence agreement in his favour.

A.Shanmugam Vs Ariya K.R.K.M.N.P.Sangam on 27 April, 2012
Posted in Supreme Court of India Judgment or Order or Notification | Tagged A.Shanmugam Vs Ariya K.R.K.M.N.P.Sangam Catena of Landmark Judgments Referred/Cited to Sandeep Pamarati | Leave a comment

Mohini Jagtap Vs Rohit Jagtap and Ors on 21 August, 2018

Posted on March 23, 2019 by ShadesOfKnife

This Trial court ordered to revoke interim maintenance order due to the fraud played on the court by the fraudster knife. Moreover, ordered that if “any maintenance amount paid by the respondent to the applicant be refunded to the respondent within two months from this order.”

And the largess of the Magistrate,

However, merely because the interim relief at Exh. 14 revoke, this shall not come in the way of the applicant filling a fresh application seeking for any interim relief on new ground.

The final highlight is

No Perjury proceedings are initiated suo moto.

Mohini Jagtap Vs Rohit Jagtap and Ors on 21 August, 2018
Posted in District or Sessions or Magistrate Court Judgment or Order or Notification | Tagged Mohini Jagtap Vs Rohit Jagtap and Ors Perjury - Not Initiated Suo Moto PWDV Act - Refund of Maintenance | Leave a comment

Yalala Swapna Vs The Hindustan Petroleum Corporation Ltd. Mumbai and anr on 09 June, 2009

Posted on March 22, 2019 by ShadesOfKnife

Hon’ble High Court of Andhra Pradesh has penalized the Writ petitioner as she has lied that she has submitted notarized affidavits but in fact she could not prove that she did. Hence the said affidavits introduced into the Court are termed as false affidavits which contained the false averment/pleading.

Yalala Swapna Vs The Hindustan Petroleum Corporation Ltd. Mumbai and anr on 09 June, 2009

 

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged Perjury - Forged Evidence or False Statements on Oath or False Affidavit Submitted Perjury Under 340 CrPC Yalala Swapna Vs The Hindustan Petroleum Corporation Ltd. Mumbai and anr | Leave a comment

Lata Singh Vs State of U.P. and Another on 7 July, 2006

Posted on March 21, 2019 by ShadesOfKnife

This is a landmark judgment from Hon’ble Supreme Court, to protect the folks who marry inter-caste or inter-religion and against the wishes of their parents, which could have led to honour killings or other forms of harassment and violence.

Lata Singh Vs State of U.P. and Another on 7 July, 2006

Citations : [2006 AIR SC 2522], [2006 SCR SUPP 3 350], [2006 SCC CRI 2 478], [2006 SCALE 6 583], [2006 SCC 5 475], [2006 SUPREME 5 266], [2006 CRLJ SC 3309], [2006 JT 6 173], [2006 ANJ SC 2 313], [2006 CRIMES SC 3 41], [2006 AIR SC 3499], [2006 KERLT 3 375], [2006 ALL LJ 5 357], [2006 AIR SCW 3499]

Other Sources :

https://indiankanoon.org/doc/1364215/

https://www.casemine.com/judgement/in/5609ae31e4b0149711413225


The index page is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Article 21 - Protection of life and personal liberty Lata Singh Vs State of U.P. and Another Protection Against Honour Killing and Causing Other Violence Reportable Judgement or Order Right to Marry person of one's choice | Leave a comment

CrPC 300 – Person once convicted or acquitted not to be tried for same offence

Posted on March 21, 2019 by ShadesOfKnife

300. Person once convicted or acquitted not to be tried for same offence.

(1) A person who has once been tried by a Court of competent jurisdiction for an offence and convicted or acquitted of such offence shall, while such conviction or acquittal remains in force, not be liable to be tried again for the same offence, nor on the same facts for any other offence for which a different charge from the one made against him might have been made under sub- section (1) of section 221, or for which he might have been convicted under sub- section (2) thereof.
(2) A person acquitted or convicted of any offence may be afterwards tried, with the consent of the State Government, for any distinct offence for which a separate charge might have been made against him at the former trial under sub- section (1) of section 220.
(3) A person convicted of any offence constituted by any act causing consequences which, together with such act, constituted a different offence from that of which he was convicted, may be afterwards tried for such last- mentioned offence, if the consequences had not happened, or were not known to the Court to have happened, at the time when he was convicted.
(4) A person acquitted or convicted of any offence constituted by any acts may, notwithstanding such acquittal or conviction, be subsequently charged with, and tried for, any other offence constituted by the same acts which he may have committed if the Court by which he was first tried was not competent to try the offence with which he is subsequently charged.
(5) A person discharged under section 258 shall not be tried again for the same offence except with the consent of the Court by which he was discharged or of any other Court to which the first- mentioned Court is subordinate.
(6) Nothing in this section shall affect the provisions of section 26 of the General Clauses Act, 1897 , (10 of 1897 ) or of section 188 of this Code. Explanation.- The dismissal of a complaint, or the discharge of the accused, is not an acquittal for the purposes of this section. Illustrations
(a) A is tried upon a charge of theft as a servant and acquitted. He cannot afterwards, while the acquittal remains in force, be charged with theft as a servant, or, upon the same facts, with theft simply, or with criminal breach of trust.
(b) A is tried for causing grievous hurt and convicted. The person injured afterwards dies. A may be tried again for culpable homicide.
(c) A is charged before the Court of Session and convicted of the culpable homicide of B. A may not afterwards be tried on the same facts for the murder of B.
(d) A is charged by a Magistrate of the first class with, and convicted by him of, voluntarily causing hurt to B. A may not afterwards be tried for voluntarily causing grievous hurt to B on the same facts, unless the cage comes within sub- section (3) of this section.
(e) A is charged by a Magistrate of the second class with, and convicted by him of, theft of property from the person of B. A may subsequently be charged with, and tried for, robbery on the same facts.
(f) A, B and C are charged by a Magistrate of the first class with, and convicted by him of, robbing D. A, B and C may afterwards be charged with, and tried for, dacoity on the same facts.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged CrPC 300 - Person once convicted or acquitted not to be tried for same offence Double Jeopardy | Leave a comment

Article 20 of the Constitution of India

Posted on March 21, 2019 by ShadesOfKnife

20. Protection in respect of conviction for offences

(1) No person shall be convicted of any offence except for violation of the law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence
(2) No person shall be prosecuted and punished for the same offence more than once
(3) No person accused of any offence shall be compelled to be a witness against himself
 

Article 20(2) : It is protection against Double Jeopardy in Criminal cases.

 
For a similar relief in Civil Cases, the principle of ‘Res Judicita‘ has to be invoked instead of Double Jeopardy, as Civil cases only involve Damages and compensation and not penal punishments as in Criminal Cases.
Posted in The Constitution Of India | Tagged Article 20 - Protection in respect of conviction for offences Double Jeopardy PIL - CrPC 125 or BNSS 144 Must Go From Statute Book Res Judicita | Leave a comment

Hardeep Singh Vs State of Punjab and Ors on 10 January, 2014

Posted on March 20, 2019 by ShadesOfKnife

Hon’ble Apex court held some key aspects in this landmark judgment such as,

  1. What is the stage at which power under Section 319 Cr.P.C. can be exercised?
  2. Whether the word “evidence” used in Section 319(1) Cr.P.C. could only mean evidence tested by cross examination or the court can exercise the power under the said provision even on the basis of the statement made in the examination-in-chief of the witness concerned?
  3. Whether the word “evidence” used in Section 319(1) Cr.P.C. has been used in a comprehensive sense and includes the evidence collected during investigation or the word “evidence” is limited to the evidence recorded during trial?
  4. What is the nature of the satisfaction required to invoke the power under Section 319 Cr.P.C. to arraign an accused? Whether the power under Section 319(1) Cr.P.C. can be exercised only if the court is satisfied that the accused summoned will in all likelihood convicted?
  5. Does the power under Section 319 Cr.P.C. extend to persons not named in the FIR or named in the FIR but not charged or who have been discharged?
Hardeep Singh Vs State of Punjab and Ors on 10 January, 2014

Citations : [2014 SCC CRI 2 86], [2014 RCR CRIMINAL SC 1 623], [2014 SUPREME 1 132], [2014 SLT 1 465], [2014 AIOL 21], [2014 SCC 3 92], [2014 CRIMES SC 1 133], [2014 AIR SC 1400], [2014 BOMCR CRI SC 1 772], [2014 ALLMR CRI SC 801], [2014 AIR SC 667], [2014 CRLJ SC 1118], [2014 JLJR SC 2 385], [2014 SCALE 1 241], [2014 SCC ONLINE SC 26], [2014 KLJ 1 410], [2014 AIC 135 86], [2014 ALD CRL SC 2 152], [2014 PLJR 2 482], [2014 KHC 1 170], [2014 ALLCC 85 313], [2014 CCR SC 1 244], [2014 ADJ 1 727], [2014 LW CRL 1 440], [2014 UC 1 304], [2014 CGLRW SC 1 491], [2014 RLW SC 1 727], [2014 SCJ 2 366], [2015 NCC 1 613], [2014 AD SC 1 609], [2014 JT SC 1 412], [2014 CAL LJ 2 75], [2014 KLT SC 1 336], [2014 AIR SCW 667]

Other Sources :

https://indiankanoon.org/doc/78958066/

https://www.casemine.com/judgement/in/5609af56e4b014971141618b


The latest case law from SC on this subject is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 5-Judge Constitutional Bench Decision Article 20 - Protection in respect of conviction for offences Article 21 - Protection of life and personal liberty CrPC 319 - Power to proceed against other persons appearing to be guilty of offence Hardeep Singh Vs State of Punjab and Ors Landmark Case Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order Right to Fair Trial | Leave a comment

Kalyan Kumar Gogoi Vs Ashutosh Agnihotri and Anr on 18 January, 2011

Posted on March 20, 2019 by ShadesOfKnife

In this Appeal on a Election Petition, Hon’ble Supreme Court held that the evidences of the witness are not just hearsay but utter lies.

Kalyan Kumar Gogoi Vs Ashutosh Agnihotri and Anr on 18 January, 2011

 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Hearsay Evidence Kalyan Kumar Gogoi Vs Ashutosh Agnihotri and Anr | Leave a comment

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