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True Colors of a Vile Wife

Month: December 2019

Kaveri Vs Neel Sagar and Anr on 25 October, 2010

Posted on December 30, 2019 by ShadesOfKnife

Shri Shiv Narayan Dhingra ji again comes to the rescue of a mother and a brother from the false case laid by cunning sister, who didn’t claim that she is unable to maintain herself.

Kaveri Vs Neel Sagar and Anr on 25 October, 2010

Citations:

Indiankanoon.org or Casemine link: https://indiankanoon.org/doc/141414000/


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 Delhi Judgment or Order or Notification | Tagged Able To Maintain Herself Inability to Maintain Self Not Testified Justice Shiv Narayan Dhingra Kaveri Vs Neel Sagar and Anr

Rekha Murarka Vs State of WB and Anr on 20 November, 2019

Posted on December 21, 2019 by ShadesOfKnife

Supreme Court held that a Private Counsel of Victim cannot examine witnesses and make arguments instead of the Public Prosecutor or Assistant Public Prosecutor.

Rekha Murarka Vs State of WB and Anr on 20 November, 2019

Citations: [2019 SCC ONLINE SC 1495], [2020 SCC 2 474], [2020 SCC CRI 1 496], [2020 AIR SC 100]

Other Sources: https://indiankanoon.org/doc/65107762/

https://www.casemine.com/judgement/in/5dd794e33321bc2723aac4d2

https://www.indianemployees.com/judgments/details/rekha-murarka-versus-the-state-of-west-bengal-and-anr

Posted in Supreme Court of India Judgment or Order or Notification | Tagged CrPC 225 - Trial to be conducted by Public Prosecutor CrPC 24 - Public Prosecutors CrPC 301 - Appearance by Public Prosecutors CrPC 302 - Permission to conduct prosecution Rekha Murarka Vs State of WB and Anr

Judicial Ethics and Conduct of Judicial Officers

Posted on December 21, 2019 by ShadesOfKnife
Judicial Ethics and Conduct of Judicial Officers
Posted in Judicial Review | Tagged Judicial Ethics and Conduct of Judicial Officers

Rooplal and Ors Vs Manpreet Kaur on 05 November, 2019

Posted on December 20, 2019 by ShadesOfKnife

Justice Fateh Deep Singh ji has begun his judgment with this,

The surmounting rise in the number of petitions under Section 482 Cr.P.C. challenging the processes being initiated by various Courts under the jurisdiction of this High Court for the matters dealing with the Protection of Women from Domestic Violence Act, 2005 (in short, ‘the Act’) and the  subdued clamour that the provisions are discriminatory qua males and lopsided acknowledging of the rights of women vis-à-vis their men folk has led to the amalgamation and clubbing of all these petitions with an effort to clear the air and haze which has engulfed the interpretation of provisions of this Act since its inception and otherwise brings about more uncertainty and confusion.

In India though there existed laws to protect women from perpetrators of violence, in fact even the legal experts felt their inadequacy in dealing with the ever bourgeoning problem of domestic violence and which phenomenon was not being adequately dealt with. One cannot look the other way that even with the coming into force of the Act it has failed to cater to the needs of abuse of male child in the house though subsequently with the enlargement of definition of ‘Rape’ it has been addressed to some extent but not completely.

This legislation has remained in oblivion and indifferent to the Domestic Violence instances concerning men in domestic relationship and thus falls short of constitutional obligation as enshrined under Articles 14 and 15 of the Constitution and violates Legal Egalitarianism as well as Article 7 of Universal Declaration of Human Rights.

Being one in such a sphere, the Act has tried to concretely deal with the problems of domestic violence from feminist perspective of law for expeditious redressal of grievance irrespective of the economic, religious and ethnic affiliations of the women.
“Next to God we are indebted to women, first for life itself, and then for making it worth living” – Bovee C.N.
Epigrammatic writer of New York who lived in the 19th century and happens to be one of the members of Literary Circle popularly called “Saturday Evening Club of Boston” has penned these famous indelible lines as a tribute to the female form of homosapiens.
Our Constitution while introducing Gandhian Socialism, Secularism did keep in mind the concept of “Equality” and which became the basic feature of the Constitution and too was acknowledged by the Supreme Court of India in ‘Indra Sawhney vs. Union of India’ (2000) 1 SCC 168. In league with  thoughts of great thinkers, the Constituent Assembly introduced Articles 21, 14 and 15, the latter as a special tribute to women and eliminating gender based discrimination. In spite of the same, a debate over the Equality is getting complicated. Since women are often misnomered as ‘Weaker Sex’ and therefore in under-developed countries including developing nations like ours, there is still huge gap in Gender Equality, more dominant in Rural than Urban scenario. The approaches in gender difference broadly fall in protectionist, sameness and compensatory outlook. The Universal Declaration of Human Rights had voiced its concern against discrimination and holding out that all human beings are born free with equal rights and dignity and thus, are all entitled to equal treatment. It was stressed to ensure equal rights to men and women. That is how Declaration on the Elimination of Discrimination against Women came into being and it is with this end in view United Nations resolved the member States to adopt appropriate legislation.

Now the main point starts,

The Protection of Women from Domestic Violence Act, 2005 is one of the most aggressive approach while enacting such a progressive
Act which is enacted in favour of women’s rights. Though a challenge was made it being ultra-vires of the Constitution but the Delhi High
Court in 2008 in ‘Aruna Parmod Shah vs. Union of India’ 2008 (3) RCR(Criminal) 191 brushed aside the stand that it was discriminatory to men as protection was afforded only to women. However, it cannot be ignored that less out of social need and more out of political compulsions, multiple Laws are being evolved which are lopsided heavily weighing in favour of women offering them multiple remedies for the same very grievance and for which the present Act is one. In spite of Article 15 of Part IV of ‘Convention on the Elimination of All forms of Discrimination against Women’ which came in force with effect from 3rd September, 1981 had resolved that all State parties shall accord to women equality with men before the law but it is not so in realm.

[pdf-embedder url=”https://www.shadesofknife.in/wp-content/uploads/2019/12/Rooplal-and-Ors-Vs-Manpreet-Kaur-on-05-November-2019.pdf” title=”Rooplal and Ors Vs Manpreet Kaur on 05 November, 2019″]


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 Punjab & Haryana Judgment or Order or Notification | Tagged CrPC 482 - Quash being Misused PWDV Act 2005 Rooplal and Ors Vs Manpreet Kaur

R.Parijatham and Anr Vs M.Kameshwari and Ors on 21 July, 2017

Posted on December 19, 2019 by ShadesOfKnife

Based on Division Bench judgment here, AP High Court has passed this observation,

From Para 8,

8. Before closing these cases, we feel the necessity of observing that instances have been coming to the notice of this Court, where some Subordinate Courts have not been marking the documents while disposing of the interlocutory applications. In this context, we are reminded of a Division Bench judgment of this Court in T.Bhoopal Reddy vs. K.R.Laxmi Bai [1998(1) ALT 292 (D.B.)], wherein it was observed that in order to come to a prima facie conclusion, both the trial Court and the Appellate Court should necessarily be able to locate the documents and know its contents to agree with either of the contentions; that nowhere it is envisaged that the case of the contesting parties can only be decided on the affidavits and not on any other material and that in the absence of any specific rule so far as marking of documents at the interlocutory stage is concerned, the Courts would not be justified in not giving any marking at all to such of the documents on which both sides would rely.Regrettably, despite this authoritative pronouncement of the Division Bench, some Courts have been ignoring the same and not marking the documents. The case on hand reflects one such instance. We, therefore, direct the High Court on administrative side to issue a Circular directing the Subordinate Courts to mark the documents filed by the parties to the interlocutory applications before deciding such applications.

R.Parijatham and Anr Vs M.Kameshwari and Ors on 21 July, 2017

Citations:

Indiankanoon.org link: https://indiankanoon.org/doc/38957892/


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 Andhra Pradesh Judgment or Order or Notification | Tagged Marking of Documents in IAs R.Parijatham and Anr Vs M.Kameshwari and Ors

Navtej Singh Johar Vs Union of India on 6 September, 2018

Posted on December 18, 2019 by ShadesOfKnife

IPC 377 – unnatural offences was struck down as Unconstitutional by Supreme Court.

Navtej Singh Johar Vs Union of India on 6 September, 2018

Citations: [(2018) 10 SCC 1], [2018 SCC OnLine SC 1350],

Indiankanoon.org or Casemine link: https://indiankanoon.org/doc/168671544/ or https://www.casemine.com/judgement/in/5b965a9618a6816e6598fd54

Posted in Supreme Court of India Judgment or Order or Notification | Tagged IPC 377 - Unnatural offences Landmark Case Law or Body Struck Down as Unconstitutional Legal Procedure Explained - Interpretation of Statutes Navtej Singh Johar Vs Union of India Reportable Judgement or Order

Priyanka Srivastava and Anr Vs State of UP and Ors on 19 March, 2015

Posted on December 18, 2019 by ShadesOfKnife

Justice Dipak Misra states that Magistrate has to be alive about the allegation brought to him via Non-cognizable case by Police.

From Paras 26 and 27,

26. At this stage it is seemly to state that power under Section 156(3) warrants application of judicial mind. A court of law is involved. It is not the police taking steps at the stage of Section 154 of the code. A litigant at his own whim cannot invoke the authority of the Magistrate. A principled and really grieved citizen with clean hands must have free access to invoke the said power. It protects the citizens but when pervert litigations takes
this route to harass their fellows citizens, efforts are to be made to scuttle and curb the same.

27. In our considered opinion, a stage has come in this country where Section 156(3) Cr.P.C. applications are to be supported by an affidavit duly sworn by the applicant who seeks the invocation of the jurisdiction of the Magistrate. That apart, in an appropriate case, the learned Magistrate would be well advised to verify the truth and also can verify the veracity of the allegations. This affidavit can make the applicant more responsible. We are compelled to say so as such kind of applications are being filed in a routine manner without taking any responsibility whatsoever only to harass certain persons. That apart, it becomes more disturbing and alarming when one tries to pick up people who are passing orders under a statutory provision which can be challenged under the framework of said Act or under Article 226 of the Constitution of India. But it cannot be done to take undue advantage in a criminal court as if somebody is determined to settle the scores. We have already indicated that there has to be prior applications under Section 154(1) and 154(3) while filing a petition under Section 156(3). Both the aspects should be clearly spelt out in the application and necessary documents to that effect shall be filed. The warrant for giving a direction that an the application under Section 156(3) be supported by an affidavit so that the person making the application should be conscious and also endeavour to see that no false affidavit is made. It is because once an affidavit is found to be false, he will be liable for prosecution in accordance with law. This will deter him to casually invoke the authority of the Magistrate under Section 156(3). That apart, we have already stated that the veracity of the same can also be verified by the learned Magistrate, regard being had to the nature of allegations of the case. We are compelled to say so as a number of cases pertaining to fiscal sphere, matrimonial dispute/family disputes, commercial offences, medical negligence cases, corruption cases and the cases where there is abnormal delay/laches in initiating criminal prosecution, as are illustrated in Lalita Kumari are being filed. That apart, the learned Magistrate would also be aware of the delay in lodging of the FIR.

From Para 30,

30. In the present case, we are obligated to say that learned Magistrate should have kept himself alive to the aforesaid provision before venturing into directing registration of the FIR under Section 156(3) Cr.P.C. It is because the Parliament in its wisdom has made such a provision to protect the secured creditors or any of its officers, and needles to emphasize, the legislative mandate, has to be kept in mind.

Priyanka Srivastava and Anr Vs State of UP and Ors on 19 March, 2015

Citations: [AIR 2015 SC 1758], [2015 (3) RLW 2404 (SC)], [2015(3) PLJR 78(SC)], [2015 SCL SC 130 472], [2015 AIOL 3152], [2015 CRIMES SC 2 179], [2015 CRIMES SC 2 209], [2015 CRLJ SC 2396], [2015 JCC SC 2 974], [2015 JT 5 203], [2015 SCALE 4 120], [2015 SCC 6 287], [2015 SLT 3 431], [2015 SUPREME 3 152], [2015 SCC ONLINE SC 272], [2015 CTC 3 103], [2015 KLJ 2 491], [2015 KERLT 2 451], [2015 SCC CRI 4 153], [2015 SCC CIV 3 294]

Indiankanoon.org link: https://indiankanoon.org/doc/163299097/

Casemine link: https://www.casemine.com/judgement/in/5790b242e561097e45a4e25a


The Index for Defamation Judgments is here.


 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision CrPC 154 - Information in Cognizable Cases CrPC 156(3) - Any Magistrate Empowered u/s 190 May Order Such an Investigation as above-mentioned CrPC 156(3) - Application to be supported by an Affidavit CrPC 199 - Defamation IPC 499 - Defamation IPC 500 - Punishment For Defamation Lalita Kumari Vs Govt.Of U.P. and Ors Priyanka Srivastava and Anr Vs State of UP and Ors Reportable Judgement or Order

Santineer Vincent Rajkumar Vs R.Rejitha on 3 August, 2017

Posted on December 17, 2019 by ShadesOfKnife

No Shared household, DVC is not maintainable.

Santineer Vincent Rajkumar Vs R.Rejitha on 3 August, 2017

Citation: [2017 (2) LW (Crl.) 399]

Indiankanoon.org or Casemine link: https://indiankanoon.org/doc/9488656/


The index page is here.

Posted in High Court of Madras Judgment or Order or Notification | Tagged No Shared Household Santineer Vincent Rajkumar Vs R.Rejitha

Vijay Verma Vs State NCT of Delhi and Anr on 13 August, 2010

Posted on December 17, 2019 by ShadesOfKnife

The US-Resident Dumbo filed DV Case to grab up her father’s property that he had made into the name of his grandson. Shri Shiv Narayan Dhingra ji of Delhi High Court has delivered this judgment wherein the false claim of a woman was crushed due to lack of Shared Household criteria by showing her, her right place and dismissed this Appeal.

Vijay Verma Vs State NCT of Delhi and Anr on 13 August, 2010

Citations: [2010 (118) DRJ 707], [MANU/DE/1946/2010], [2010(7) RCR(Criminal) 1145]

Indiankanoon.org link: https://indiankanoon.org/doc/176922704/


Index of all Domestic Violence Cases is here.

Posted in High Court of Delhi Judgment or Order or Notification | Tagged Justice Shiv Narayan Dhingra No Shared Household PWDV Act - Misuse For Property Vijay Verma Vs State NCT of Delhi and Anr

Rajkishore Shukla Vs Asha Shukla on 22 September, 2015

Posted on December 17, 2019 by ShadesOfKnife

No Shared household hence no DVC.

Rajkishore Shukla Vs Asha Shukla on 22 September, 2015

Citation:

Indiankanoon.org or Casemine link: https://indiankanoon.org/doc/70402378/


The index page is here.

Posted in High Court of Madhya Pradesh Judgment or Order or Notification | Tagged No Shared Household PWDV Act - Misuse For Property Rajkishore Shukla Vs Asha Shukla

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