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True Colors of a Vile Wife

Month: October 2019

Khatri and Ors Vs State of Bihar and Ors on 10 March, 1981

Posted on October 12, 2019 by ShadesOfKnife

This is decision from Apex Court of India which held that,

“It bars the use of any statement made before a police officer in the course of an investigation under Chanter XII, whether recorded in a police diary or otherwise, but by the express terms of the Section this bar is applicable only where such statement is sought to be used at any inquiry or trial in respect of any offence under investigation at the time when such statement was made’. If the statement made before a police officer in the course of an investigation under chapter XII is sought to be used in any proceeding other than an inquiry or trial or even at an inquiry of trial but in respect of an offence other than that which was under investigation at the time when such statement was made, the bar or Section 162 would not be attracted.“

 

Khatri and Ors Vs State of Bihar and Ors on 10 March, 1981

Citations: [1981 AIR 1068], [1981 SCR (3) 145], [1981 SCC (2) 493], [1981 SCALE (1)531]

Indiankanoon.org link: https://indiankanoon.org/doc/705101/


Other orders made in this case are here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Article 21 - Protection of life and personal liberty Article 32 - Remedies for enforcement of rights conferred by this Part CrPC 162 - Statements To Police Not To Be Signed - Use Of Statements In Evidence Khatri and Ors Vs State of Bihar and Ors

CrPC 190 – Cognizance of offences by Magistrates

Posted on October 11, 2019 by ShadesOfKnife

(1) Subject to the provisions of this Chapter, any Magistrate of the first class, and any Magistrate of the second class specially empowered in this behalf under sub-section (2), may take cognizance of any offence—
(a) upon receiving a complaint of facts which constitute such offence;
(b) upon a police report of such facts;
(c) upon information received from any person other than a police officer, or upon his own knowledge, that such offence has been committed.
(2) The Chief Judicial Magistrate may empower any Magistrate of the second class to take cognizance under sub-section (1) of such offences as are within his competence to inquire into or try.


154 CrPC is here. 155 CrPC is here. 156 CrPC is here.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged CrPC 190 - Cognizance of Offences by Magistrates

Subrat Kumar Sen Vs State of UP on 03 October, 2019

Posted on October 6, 2019 by ShadesOfKnife

This is judgment from Apex Court which is hearing the contention, No Maintenance to Willfully Deserting Knife. Let’s follow the case.

Subrat Kumar Sen Vs State of UP on 03 October, 2019

Here is the Allahabad High Court order

Dr. Subrat Kumar Sen Vs State of U.P. and Anr on 18 July, 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 Supreme Court of India Judgment or Order or Notification | Tagged Legal Procedure Explained - Interpretation of Statutes No Maintenance for Deserting Wife Subrat Kumar Sen Vs State of UP Willful Desertion By Knife Work-In-Progress Article

M/S. Kusum Ingots and Alloys Ltd Vs Union Of India and Anr on 28 April, 2004

Posted on October 5, 2019 by ShadesOfKnife

In this landmark judgment (per Obiter Dicta), Apex Court has held that,

A parliamentary legislation when it receives the assent of the President of India and is published in the Official Gazette, unless specifically excluded, will apply to the entire territory of India. If passing of a legislation gives rise to a cause of action, a writ petition questioning the constitutionality thereof can be filed in any High Court of the country. It is not so done because a cause of action will arise only when the provisions of the Act or some of them which were implemented shall give rise to civil or evil consequences to the petitioner. A writ court, it is well settled, would not determine a constitutional question in a vacuum.

The court must have the requisite territorial jurisdiction. An order passed on writ petition questioning the constitutionality of a Parliamentary Act whether interim or final keeping in view the provisions contained in Clause (2) of Article 226 of the Constitution of India, will have effect throughout the territory of India subject of course to the applicability of the Act.


Citations: [2004 SCALE 5 304], [2004 AIR SC 2321], [2004 SCC 6 254], [2004 BOMCR SC SUPP 2 654], [2004 AIR SC 2766], [2004 SUPREME 3 757], [2004 JT SUPP 1 475], [2004 ALLMR SC 5 700], [2004 DLT 111 480], [2004 COMPCAS 120 672], [2004 ELT 168 3], [2004 AIC SC 19 730], [2004 BC 3 56], [2004 COMPLJ SC 3 1], [2004 CTC 3 365], [2004 DRJ 77 317], [2004 ECR SC 114 1013], [2005 ECR SC 118 151], [2004 ELT SC 186 3], [2004 JCR SC 3 92], [2004 JT SUPPL SC 1 475], [2004 PLR 138 626]

Other Source links: https://indiankanoon.org/doc/1876565/ and https://www.casemine.com/judgement/in/5609ae06e4b0149711412bc2


See this, this, this and this Supreme Court Judgments. Many High Courts have relied on the above aspect of this Judgment here.


 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Article 141 - Law declared by Supreme Court to be binding on all courts Landmark Case M/S. Kusum Ingots and Alloys Ltd Vs Union Of India and Anr Obiter Dicta One State High Court Decisions Binding On Other State High Courts Supreme Court Decisions Binding On All Courts Retrospectively Too

Commissioner of Income-Tax Vs Thana Electricity Supply Ltd. on 22 April, 1993

Posted on October 5, 2019 by ShadesOfKnife

This a very good judgment from High Court of Bombay talking about binding nature of judgments, specifically termed as stare decisis.

Commissioner of Income-Tax Vs Thana Electricity Supply Ltd. on 22 April, 1993

Citation: [(1994) 206 ITR 727 (Bom)]

Indiankanoon.org Link: https://indiankanoon.org/doc/583752/


 

Posted in High Court of Bombay Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Article 141 - Law declared by Supreme Court to be binding on all courts Catena of Landmark Judgments Referred/Cited to Commissioner of Income-Tax Vs Thana Electricity Supply Ltd Landmark Case Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order Supreme Court Decisions Binding On All Courts Retrospectively Too

Patil Vijaykumar and Ors Vs Union of India and Anr on 10 August, 1984

Posted on October 5, 2019 by ShadesOfKnife

This in the judgment of Karnataka High Court on a Tax matter.

Key passage is this one:

But we wish to add that although a decision of another High Court is not binding on this court, we see no reason for not accepting, with respectful caution, any help they can give in the elucidation of questions which arise before this court.

Patil Vijaykumar and Ors Vs Union of India and Anr on 10 August, 1984

Citation: [(1985) 151 ITR 48 (KAR)]

External Link: https://www.legalcrystal.com/case/375809/patil-vijaykumar-vs-union-india


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 Karnataka Judgment or Order or Notification | Tagged One State High Court Decisions Binding On Other State High Courts Patil Vijaykumar and Ors Vs Union of India and Anr

37th Edition of The Bar Council of India Trust All India Inter-University Moot Court Competition-2019

Posted on October 4, 2019 by ShadesOfKnife

After the wonderful Moot experience at GITAM here, I embark on a more tougher Moot competition at Kalinga Institute of Industrial Technology at Bhubaneswar.

The Starters

Like previous Moot competition, even this one was a surprise for me. Was actually preparing for this moot at KL University.

 

The Team

My team this time consisted of folks who are all-new to a external Moot Competition. Just like I was, in the previous competition!

    1. Suprajaa Rajan
    2. Sandhya

 

Each of these individuals have contributed in their own capacities and time lines.

 

Both of them showed keen interest in Mooting and were eager to join in with us in our WhatsApp group to learn how we work towards a Moot competition

The Preparation

 

Here are the Memorials prepared for Moot Problem #1

Moot Problem #1

36th-BCIT-MOOT-PROBLEM-1

Petitioner Memorial

Will be uploaded once Competition ends.

Respondent Memorial

Will be uploaded once Competition ends.

 

The Journey

 

The Moot Experience

 

 

The Learnings

 

Posted in LLB Study Material | Tagged Moot Competition

Article 136 of The Constitution Of India

Posted on October 3, 2019 by ShadesOfKnife

136. Special leave to appeal by the Supreme Court

(1) Notwithstanding anything in this Chapter, the Supreme Court may, in its discretion, grant special leave to appeal from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any court or tribunal in the territory of India.
(2) Nothing in clause (1) shall apply to any judgment, determination, sentence or order passed or made by any court or tribunal constituted by or under any law relating to the Armed Forces.

Posted in The Constitution Of India | Tagged Article 136 - Special leave to appeal by the Supreme Court

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