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True Colors of a Vile Wife

Month: August 2019

Ajay Singh Vs UOI and Ors on 27 August, 2019

Posted on August 31, 2019 by ShadesOfKnife

In this order from Delhi High Court, it is held that the principle of “rounding off” has been recognised in law in a number of decisions to do substantial justice to folks who got border line marks less than the minimum marks set for the qualifying examination.

Ajay Singh Vs UOI and Ors on 27 August, 2019

News: https://barandbench.com/delhi-hc-permits-rounding-off-petitioners-marks-in-ll-b-to-enable-him-to-apply-for-jag/


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 Ajay Singh Vs UOI and Ors Catena of Landmark Judgments Referred/Cited to Landmark Case

Curious case of Justice Mr.Rakesh Kumar

Posted on August 30, 2019 by ShadesOfKnife

Justice Mr.Rakesh Kumar of Patna High Court has given an order to CBI to conduct inquiry on some Corruption incidents by members of Judiciary, that were reported in Dainik Jagran and Republic TV. (Orders courtesy by Bar and Bench website)

Justice-Rakesh-kumar-order

And the very next day a 11-judge bench was constituted and Justice Mr.Rakesh Kumar’s order was suspended and all judicial work was taken away from him. Here is the order.

Patna-HC-11-Judge-Order

Then, a 1-pager was passed assigning judicial work to him. Here is the notice.

03 Justice-Rakesh-Kumar-Patna-HC-notice 01-09-2019

And then an Order was passed by a 3-judge bench of High Court of Madhya Pradesh quashing the order of Justice Mr.Rakesh Kumar dt 28-08-2019

04 Justice-Rakesh-kumar-order-quashed

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 Patna Judgment or Order or Notification | Tagged Justice Rakesh Kumar

Kusum Sharma Vs Mahinder Kumar Sharma on 3 July, 2019

Posted on August 29, 2019 by ShadesOfKnife

Applicants (who?) prayed for speedy disposal of maintenance applications pending at lower family court.

8 FAO 369-1996 Expeditious disposal of maintenance applications on 3 July, 2019

The Case Index is available 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 High Court of Delhi Judgment or Order or Notification | Tagged Kusum Sharma Vs Mahinder Kumar Sharma

The Kusum Sharma Vs Mahinder Kumar Sharma case

Posted on August 29, 2019 by ShadesOfKnife

Here are the key orders passed by Hon’ble Delhi High Court on the case of Kusum Sharma Vs Mahinder Kumar Sharma case.

  1. On 14 January 2015, Hon’ble Delhi High Court has prescribed the format for the affidavit that all parties of matrimonial cases have to file, so that the disposal can happen in 60 days as mandated by the Section 24 of Hindu Marriage Act, 1955 here.
  2. The appellant Kusum Sharma has expired on 26th September, 2016 here.
  3. On 29 May, 2017, based on inputs and suggestions from some Family courts, further modifications are made to the prescribed format of the affidavit that all parties of matrimonial cases should file. On 6 December, 2017, based on inputs and suggestions from some Family courts, further modifications are made to the prescribed format of the affidavit that all parties of matrimonial cases should file. See a consolidated update here.
  4. On 3 July 2019, expeditious disposal of maintenance applications at the Family court is sough in DHC here.
  5. On 06 August 2020, Delhi High Court again revised the Affidavit template to capture the assets and liabilities details here.

UPDATES:

Next Date: 18th December, 2020


This judgment is gainfully used in Shalu Ojha case here.


A 2-judge bench passed guidelines to handle multiple maintenance litigation here.

Posted in High Court of Delhi Judgment or Order or Notification | Tagged Kusum Sharma Vs Mahinder Kumar Sharma Multiple Maintenances Orders Shalu Ojha Vs Prashant Ojha Work-In-Progress Article

Legal Maxims

Posted on August 27, 2019 by ShadesOfKnife

A humble collection of Legal Maxims useful for Law students and Law practitioners…

A

  1. ad idem
  2. amicus curiae
  3. Animus Deserendi
    • intention to bring cohabitation permanently to an end
  4. A Priori
  5. Au contraire
  6. audi alteram partem
    • “listen to the other side”, or “let the other side be heard as well” or “no person shall be condemned unheard”

B

  1. b
  2. b

C

  1. causa causans
  2. casus omissus
  3. coram non judice

D

  1. dominus litus
  2. de novo
  3. dramatis personae

E

  1. erga omnes
  2. ex debito justitiae
  3. ex proprio vigore

F

  1. functus officio
  2. f

G

  1. g
  2. g

 

H

  1. h
  2. h

 

I

  1. Ubi jus ibi remedium
  2. ipso facto
  3. Ignorantia juris non excusat

 

J

  1. j
  2. j

K

  1. k
  2. k

 

L

  1. Lex iniusta non est lex(an unjust law is not a true law)
  2. locus classicus : an authoritative and often quoted passage from a standard work

 

M

  1. m
  2. m

 

N

  1. Nemo debet esse judex in propria causa.
    • No man ought to be a judge in his own cause. The essence of the maxim has been incorporated in Section 479 of CrPC.
  2. nemo judex in causa sua
    • no one should be a judge in their own cause

 

O

  1. o
  2. o

 

P

  1. pari materia
  2. particeps criminis
  3. parens patriae
  4. post-facto
  5. Pacta privata juri publico non derogare possunt

 

Q

  1. Quod per me non possum, nec per alium

 

R

  1. res integra
  2. res ipsa loquitur
  3. res judicita

 

S

  1. simpliciter
  2. suo motu
  3. sine die
  4. sine qua non
  5. Stare decisis : to stand in the-things-that-have-been-decided (Precedent)
  6. Stare decisis et non quieta movere : to stand by decisions and not disturb the undisturbed
  7. sub silentio
  8. sui generis

 

T

  1. t
  2. t

 

U

  1. u
  2. u

 

V

  1. void ipso jure
  2. Volenti non fit injuria

 

W

  1. w
  2. w

 

X

  1. x
  2. x

 

Y

  1. y
  2. y

 

Z

  1. z
  2. z

 

 

Posted in LLB Study Material | Tagged Legal Maxims

Arjun Panditrao Khotkar Vs Kailash Kushanrao Gorantyal

Posted on August 23, 2019 by ShadesOfKnife

This is the order which cited Shafhi judgment here, to larger bench for reconsideration, since there was a conflicting precedent, in Anvar P,V.

Arjun Panditrao Khotkar Vs Kailash Kushanrao Gorantyal on 26 July, 2019

Here is the last Order, wherein Arguments have concluded and the Judgment was reserved.

Arjun Panditrao Khotkar Vs Kailash Kushanrao Gorantyal on 03 March 2020

Here is the final Judgment authored by Justice R.F.Nariman.

Relevant portions:

From Para 52: Accused must be given copy of all documents that prosecution relies upon.

52. It is pertinent to recollect that the stage of admitting documentary evidence in a criminal trial is the filing of the charge-sheet. When a criminal court summons the accused to stand trial, copies of all documents which are entered in the charge-sheet/final report have to be given to the accused. Section 207 of the CrPC, which reads as follows, is mandatory. Therefore, the electronic evidence, i.e. the computer output, has to be furnished at the latest before the trial begins. The reason is not far to seek; this gives the accused a fair chance to prepare and defend the charges levelled against him during the trial. The general principle in criminal proceedings therefore, is to supply to the accused all documents that the prosecution seeks to rely upon before the commencement of the trial. The requirement of such full disclosure is an extremely valuable right and an essential feature of the right to a fair trial as it enables the accused to prepare for the trial before its commencement.

54. Therefore, in terms of general procedure, the prosecution is obligated to supply all documents upon which reliance may be placed to an accused before commencement of the trial. Thus, the exercise of power by the courts in criminal trials in permitting evidence to be filed at a later stage should not result in serious or irreversible prejudice to the accused. A balancing exercise in respect of the rights of parties has to be carried out by the court, in examining any application by the prosecution under Sections 91 or 311 of the CrPC or Section 165 of the Evidence Act.

Depending on the facts of each case, and the Court exercising discretion after seeing that the accused is not prejudiced by want of a fair trial, the Court may in appropriate cases allow the prosecution to produce such certificate at a later point in time. If it is the accused who desires to produce the requisite certificate as part of his defence, this again will depend upon the justice of the case – discretion to be exercised by the Court in accordance with law.

From Para 59,

59. We may reiterate, therefore, that the certificate required under Section 65B(4) is a condition precedent to the admissibility of evidence by way of electronic record, as correctly held in Anvar P.V. (supra), and incorrectly “clarified” in Shafhi Mohammed (supra). Oral evidence in the place of such certificate cannot possibly suffice as Section 65B(4) is a mandatory requirement of the law. Indeed, the hallowed principle in Taylor v. Taylor (1876) 1 Ch.D 426, which has been followed in a number of the judgments of this Court, can also be applied. Section 65B(4) of the Evidence Act clearly states that secondary evidence is admissible only if lead in the manner stated and not otherwise. To hold otherwise would render Section 65B(4) otiose.

Arjun Panditrao Khotkar Vs Kailash Kushanrao Gorantyal on 14 July 2020

Citations: [

Other Source links:

 


The Bombay High Court judgment which was challenged at Supreme Court is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Arjun Panditrao Khotkar Vs Kailash Kushanrao Gorantyal Evidence Act 65B - Admissibility of electronic records Referred to Large Bench Shafhi Mohammad vs The State Of Himachal Pradesh Work-In-Progress Article

Shafhi Mohammad vs The State Of Himachal Pradesh

Posted on August 23, 2019 by ShadesOfKnife

This is the landmark judgment regarding Sec 65B of Indian Evidence Act and it’s procedure and usage.

Shafhi Mohammad vs The State Of Himachal Pradesh on 30 January, 2018 6212_2017

A follow up hearing…

Shafhi Mohammad vs The State Of Himachal Pradesh on 03 April, 2018 6212_2017

This judgment is referred to a larger bench and was overruled here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Overruled Judgment Referred to Large Bench Shafhi Mohammad vs The State Of Himachal Pradesh

Naveen Kohli Vs Neelu Kohli on 21 March, 2006

Posted on August 22, 2019 by ShadesOfKnife

Landmark judgment from Justice Shri Dalveer Bhandari regarding Law around Mental cruelty and irretrievable breakdown of marriage as a ground for Divorce under Hindu Marriage Act 1955.

Naveen Kohli Vs Neelu Kohli on 21 March, 2006

Citations : [2006 BOMCR SC 5 240], [2006 SUPREME 2 627], [2006 SCALE 3 252], [2006 AIR SC 1550], [2006 JT 3 491], [2006 ALLMR SC 4 190], [2006 MHLJ SC 4 242], [2006 SCR 3 53], [2006 MPLJ SC 3 1], [2006 AIOL 157], [2006 AIR SC 1675], [2006 SCC 4 558], [2006 DLT 128 360], [2006 AIR SCW 1550]

Other Sources :

https://indiankanoon.org/doc/1643829/

https://www.indianemployees.com/judgments/details/naveen-kohli-vs-neelu-kohli

https://www.casemine.com/judgement/in/5609ae31e4b0149711413211

https://www.legitquest.com/case/naveen-kohli-v-neelu-kohli/26101


Other cases wherein Divorce was granted to Husband here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 3-Judge (Full) Bench Decision Catena of Landmark Judgments Referred/Cited to https://www.indianemployees.com/judgments/details/naveen-kohli-vs-neelu-kohli Justice Dalveer Bhandari Landmark Case Legal Procedure Explained - Interpretation of Statutes Mental Cruelty Naveen Kohli Vs Neelu Kohli Reportable Judgement or Order

CrPC 378 – Appeal in case of acquittal

Posted on August 22, 2019 by ShadesOfKnife

CrPC 378 – Appeal in case of acquittal

(1) Save as otherwise provided in sub- section (2) and subject to the provisions of sub- sections (3) and (5), the State Government may, in any case, direct the Public Prosecutor to present an appeal to the High Court from an original or appellate order of acquittal passed by any Court other than a High Court 2 or an order of acquittal passed by the Court of Session in revision.]
(2) If such an order of acquittal is passed in any case in which the offence has been investigated by the Delhi Special Police Establishment constituted under the Delhi Special Police Establishment Act, 1946 (25 of 1946 ), or by any other agency empowered to make investigation into an offence under any Central Act other than this Code, the Central Government may also direct the Public Prosecutor to present an appeal, subject to the provisions of sub- section (3), to the High Court from the order of acquittal.
(3) No appeal under sub- section (1) or sub- section (2) shall be entertained except with the leave of the High Court.
(4) If such an order of acquittal is passed in any case instituted upon complaint and the High Court, on an application made to it by the complainant in this behalf, grants special leave to appeal from the order of acquittal, the complainant may present such an appeal to the High Court.
(5) No application under sub- section (4) for the grant of special leave to appeal from an order of acquittal shall be entertained by the High Court after the expiry of six months, where the complainant is a public servant, and sixty days in every other case, computed from the date of that order of acquittal.
(6) If in any case, the application under sub- section (4) for the grant of special leave to appeal from an order of acquittal is refused, no appeal from that order of acquittal shall lie under sub- section (1) or under sub- section (2).
Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged CrPC 378 - Appeal In Case Of Acquittal

CrPC 374 – Appeals from convictions

Posted on August 22, 2019 by ShadesOfKnife
CrPC 374. Appeals from convictions.

(1) Any person convicted on a trial held by a High Court in its extraordinary original criminal jurisdiction may appeal to the Supreme Court.
(2) Any person convicted on a trial held by a Sessions Judge or an Additional Sessions Judge or on a trial held by any other Court in which a sentence of imprisonment for more than seven years 2 has been passed against him or against any other person convicted at the same trial], may appeal to the High Court.
(3) Save as otherwise provided in sub- section (2), any person,-

(a) convicted on a trial held by a Metropolitan Magistrate or Assistant Sessions Judge or Magistrate of the first class, or of the second class, or
(b) sentenced under section 325, or
(c) in respect of whom an order has been made or a sentence has been passed under section 360 by any Magistrate, may appeal to the Court of Session.
Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged CrPC 374 - Appeals from convictions

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