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Month: July 2019

Attorney Generals of India and their Tenure

Posted on July 31, 2019 by ShadesOfKnife

List of Attorney Generals of India.

Attorney General of India (Name)            Tenure
 1. M.C. Setalvad (longest term)  28 January 1950 – 01 March 1963
 2. C.K. Daftari  02 March 1963 – 30 October 1968
 3. Niren de  01 November 1968 – 31 March 1977
 4. S.V. Gupte  01 April , 1977 – 08 August 1979
 5. L.N. Sinha  09 August, 1979 – 08 August, 1983
 6. K. Parasaran  09 August 1983 – 08 December 1989
 7. Soli Sorabjee (shortest tenure)  09 December 1989 – 02 December 1990
 8. J. Ramaswamy  03 December , 1990 – 23 November 1992
 9. Milon K. Banerji  21 November 1992 – 08 July 1996
 10. Ashok Desai  09 July 1996 – 06 April 1998
 11. Soli Sorabjee  07 April 1998 – 04 June 2004
 12. Milon K. Banerjee  05 June 2004 – 07 June 2009
 13. Goolam Essaji Vahanvati  08 June 2009 – 11 June 2014
 14. Mukul Rohatgi  12 June, 2014 – 30 June 2017
 15. K.K. Venugopal  30 June  2017 – till date
16. new AGI
Posted in General Study Material | Tagged Attorney Generals of India

Poonam Chand Jain & Anr Vs Fazru on 28 January, 2010

Posted on July 31, 2019 by ShadesOfKnife

In this judgment of Hon’ble Supreme Court, the question which crops-up for determination by this Court is whether after an order of dismissal of complaint has attains finality, the complainant can file another complaint on almost identical facts without disclosing in the second complaint the fact of either filing of the first complaint or its dismissal.

And the conclusion was,

His Lordship held that an order of dismissal under Section 203 of the Criminal Procedure Code (for short ‘the Code’) is, however, no bar to the entertainment of a second complaint on the same facts but it can be entertained only in exceptional circumstances. This Court explained the exceptional circumstances as (a) where the previous order was passed on incomplete record (b) or on a misunderstanding of the nature of the complaint (c) or the order which was passed was manifestly absurd, unjust or foolish or (d) where new facts which could not, with reasonable diligence, have been brought on the record in the previous proceedings. This Court made it very clear that interest of justice cannot permit that after a decision has been given on a complaint upon full consideration of the case, the complainant should be given another opportunity to have the complaint enquired into again.

Poonam Chand Jain & Anr Vs Fazru on 28 January, 2010

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 Poonam Chand Jain and Anr Vs Fazru Second Complaint is Permissible When Different Evidence Exists

S. Rangarajan etc Vs P. Jagjivan Ram on 30 March, 1989

Posted on July 31, 2019 by ShadesOfKnife

Apex Court has held the “Freedom of expression is the rule and it is generally taken for granted. Every one has a fundamental right to form his own opinion on any issue of general concern. He can form and inform by any legitimate means.” in the case of a Tamil film called as “Ore Oru Gramathile”, starring Lakshmi.

It is difficult to understand how the expression in the film with criticism of reservation policy or praising the colonial rule will affect the security of the State or sovereignty and integrity of India. There is no utterance in the film threatening to overthrow the Govt. by unlawful or unconstitutional means. There is no talk of secession either nor is there any suggestion for impairing the integration of the country. The film seems to suggest that the existing method of reservation on the basis of caste is bad and reservation on the basis of economic backwardness is better. The film also deprecates exploitation of people on caste considerations.

The fundamental freedom under Art. 19(1)(a) can be reasonably restricted only for the purposes mentioned in Art. 19(2) and the restriction must be justified on the anvil of necessity and not the quicks and of convenience and expediency. Open criticism of Government policies and operations is not a ground for restricting expression. We must practice tolerance to the views of others. Intolerance is as much dangerous to democracy as to the person himself.”


A article from NyTimes

From Tamil Film, a Landmark Case on Free Speech

Indiankanoon.org link: https://indiankanoon.org/doc/341773/

Equivalent citations: 1989 SCR (2) 204, 1989 SCC (2) 574

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 Article 19 - Protection of certain rights regarding freedom of speech etc Reservations for Economically Backward S. Rangarajan etc Vs P. Jagjivan Ram

Shome Nikhil Danani Vs Tanya Banon Danani on 22 July, 2019

Posted on July 30, 2019 by ShadesOfKnife

The order granted by Delhi High Court holding that maintenance is to be paid by husband in both 125 CrPC as well as PWDV Act 2005, is not disturbed by Apex Court.

Shome Nikhil Danani Vs Tanya Banon Danani on 22 July, 2019

Delhi High Court order is here.


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 Maintenance under both 125 CrPC or BNSS 144 and PWDVA is Maintainable PIL - CrPC 125 or BNSS 144 Must Go From Statute Book Shome Nikhil Danani Vs Tanya Banon Danani

Shome Nikhil Danani Vs Tanya Banon Danani on 11 April, 2019

Posted on July 30, 2019 by ShadesOfKnife

This judgment from Delhi High Court says, maintenance is payable by husband in both 125 CrPC and later on under PWDV Act 2005.

Shome Nikhil Danani Vs Tanya Banon Danani on 11 April, 2019

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 Maintenance under both 125 CrPC or BNSS 144 and PWDVA is Maintainable PIL - CrPC 125 or BNSS 144 Must Go From Statute Book Shome Nikhil Danani Vs Tanya Banon Danani

The Maharashtra Government Vs Shri Rajaram Digamber Padamwar on 8 April, 2011

Posted on July 29, 2019 by ShadesOfKnife

A Trial judge is taken to task by Bombay High Court for the following vomitings…

From Para 42,

42. Before departing, it is inevitable to make mention that, the learned A.P.P. while making the arguments before the learned Trial Judge cited the Ruling of Kerala High Court in the case of Food Inspector vs James, (reported in Prevention of Food Adulteration Cases) at 1998 (1) P.320, and while discussing the observations made in the said Ruling, the learned Trial Judge has observed in para no.31 of the impugned judgment that :
“With great respect, I do not agree with the ‘view taken’ and observations made by Their Lordships in the above case law. Moreover, the said case law is admittedly of Kerala High Court and the same is not binding on this court.”

One more, from Para 43,

43. Moreover, while making submissions before the learned Trial Judge, learned A.P.P. also cited Ruling in the case of Rambhai vs State of Madhya Pradesh (Reported in Prevention of Food Adulteration Cases) at 1991 (1) P. 6, as stated in para 34 of the impugned judgment, but the learned Trial Judge, after considering the said ratio laid down in the said Ruling, observed in para no.35 of the impugned judgment that :
“After going through the observations made by Their Lordships in the above case law, I am of the opinion that though the Ruling is applicable to the present case, however, according to me, with great respect the view taken in the observations of the Ruling is not correct.“

Final Touch:

From Para 44,

44. It manifestly appears from the text and tenor of the observations made by the learned Trial Judge in para nos. 31 and 35 of the impugned judgment that same do not conform with the judicial discipline and propriety, and apparently amount to disrespect, and therefore, the Registrar General is directed to take suitable action against the concerned Judge, if he is in Judicial Service.

The Maharashtra Government Vs Shri Rajaram Digamber Padamwar on 8 April, 2011

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 Bombay Judgment or Order or Notification | Tagged Judicial Discipline Judiciary Antics One State High Court Decisions Binding On Other State High Courts The Maharashtra Government Vs Shri Rajaram Digamber Padamwar

Bhupender Singh Mehra Vs State NCT of Delhi and Anr on 8 October, 2010

Posted on July 21, 2019 by ShadesOfKnife

Shri SN Dhingra ji has held that Magistrate is mandatorily supposed to “to consider the domestic incident report and consider the contents of the application and find out whether the respondents (petitioners herein) had any domestic relationship with the applicant and could be fitted in the definition of the “respondent” as given in Section 2(q) of the Protection of Women from Domestic Violence Act, 2005 and then only issue notice to them.”

 

Bhupender Singh Mehra Vs State NCT of Delhi and Anr on 8 October, 2010

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 Bhupender Singh Mehra Vs State NCT of Delhi and Anr Domestic Incident Report is Not Optional in Case Under PWDV Act Justice Shiv Narayan Dhingra

Shivendra Raizada and Others Vs State of U.P. and Anr on 6 December 2018

Posted on July 20, 2019 by ShadesOfKnife

This judgment from Allahabad High Court held that gifts given to the husband by the wife or some family member of wife is not Dowry.

 

Shivendra Raizada and Others Vs State of U.P. and Anr on 6 December, 2018
Posted in High Court of Allahabad Judgment or Order or Notification | Tagged DP Act 2 - Gifts Are Not Dowry IPC 304B - Dowry death Shivendra Raizada and Others Vs State of U.P. and Anr

The Andhra Pradesh Civil Rules of Practice and Circular Orders, 1990

Posted on July 20, 2019 by ShadesOfKnife

Here is the 1990 edition of the The Andhra Pradesh Civil Rules of Practice and Circular Orders, 1990

The Andhra Pradesh Civil Rules Of Practice And Circular Orders, 1990

Find the Criminal Rules of Practice of AP High Court here.

 

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged The Andhra Pradesh Civil Rules of Practice and Circular Orders 1990

Ambika Ramakant Uniyal Vs Ramakant Shriram Uniyal on 18 November, 2013

Posted on July 15, 2019 by ShadesOfKnife

The Bombay High Court has observed that leaving the matrimonial home with personal belongings signifies that there is intention of knife leaving husband/matrimonial home permanently and this can be construed as deserting the husband with out any reasonable cause and that leading to a solid ground for Divorce decree.

Ambika Ramakant Uniyal Vs Ramakant Shriram Uniyal on 18 November, 2013

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 Bombay Judgment or Order or Notification | Tagged Ambika Ramakant Uniyal Vs Ramakant Shriram Uniyal Divorce granted on Desertion ground HM Act 13 - Divorce Granted to Husband Willful Desertion By Knife

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