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Shades of Knife

True Colors of a Vile Wife

Month: February 2020

Balbir Singh Vs Baljinder Kaur on 28 March, 2019

Posted on February 29, 2020 by ShadesOfKnife

Relying on Supreme Court judgment here, High Court of Punjab and Haryana held that,

It may be noticed that though the said judgment has been delivered under the Special Marriage Act, 1954, yet the legal issue being the similar as is involved in the present case, we respectfully follow the said judgment.

pdf-embedder url=”https://www.shadesofknife.in/wp-content/uploads/2020/02/Balbir-Singh-Vs-Baljinder-Kaur-on-28-March-2019.pdf” title=”Balbir Singh Vs Baljinder Kaur on 28 March, 2019″]


Citations: [2

Other Source links:


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 Balbir Singh Vs Baljinder Kaur HM Act 11 - No Period of Limitation Swapnanjali Sandeep Patil Vs Sandeep Ananda Patil Work-In-Progress Article | Leave a comment

PIL Petition to Effectively Reduce False Dowry Cases

Posted on February 26, 2020 by ShadesOfKnife

If you have read through the preparation for this PIL here, the following are the documentation I created for this PIL and related Court Order and other titbits.

Here are the Main Prayers:

It is respectfully prayed that this Honorable Court may be pleased to issue the following Writ Reliefs in the interest of justice, equity and in accordance to protect the Articles 14 and 21 of the Constitution of India of citizens as laid out in above section titled, “IV.GROUNDS/FACTS IN DETAIL, AS NECESSARY TO APPRECIATE THE CONTENTION OF PIL” on Urgent Basis to abate the violation of fundamental rights from eternal perpetuity.

Further, it is pointed out that in view of the Conflicting views passed by different Fora regarding the said provisions of the impugned enactments, the interference of this Court is indispensable to ensure certainty in the lives of citizens at the receiving end and consistency in the approach of the Legislature and Judiciary towards granting fair trial to the people.

  1. Issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus to Respondents, to link various marriage enactments of India with Dowry Prohibition Act, 1961, by making Marriage Registration certificate as a mandatory document for Proof of Marriage, to file a case under any provision of DP Act.
  2. Issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus to Respondents, to amend the application forms used for Registration of Marriages in all States and Union Territories to
    • capture if any presents were given to either bride or groom before/during/after the marriage ceremony as mandated in Dowry Prohibition Rules (Maintenance of Lists) of 1985.
    • declare that there is no dowry given/taken/demanded by either side of bride or bride groom, before/during/after the marriage ceremony.
  3. Issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus to Respondents, such that there is no ambiguity to them whether to prosecute the Dowry givers under section 3 of DP Act read with section 7 of DP Act and no discrimination is made between Dowry Giver and Dowry Taker, under Section 3(1) of DP Act, in similar fashion as that of made by Bangladesh.
  4. Issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus to Respondents, to ensure all the necessary awareness is created at all institutions where Marriages are performed in regards to the Dowry Menace and the legal rights of parties.
  5. Issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus to Respondents, to ensure all the necessary sensitization is created at all Fora where Marriages are registered in regards to the Dowry Menace and the legal rights of parties.
  6. Issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus to Respondents, to ensure that each Marriage so registered with Marriage Registrars or similar Institutions give out free literature such as a booklet, pertaining to existence of Dowry Laws & relevant provisions of Indian Penal Code 1860.
  7. Issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus to Respondents, to ensure that the Name of the enactment be suitably amended from Dowry Prohibition Act, to reflect and include all words that align to the demand for money or property under various religions, thereby making it not perceived as an enactment specific to only Hindu religion alone.
  8. Issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus to Respondents, to ensure that in all criminal cases filed under Dowry Prohibition Act 1961 and 498A I.P.C. or any other penal code dealing with Dowry-related crime, where the accused person/persons are acquitted on merits, the Investigating officers are prosecuted for launching false prosecution suo moto, by the same Magistrate who passed an order of acquittal.

In the Alternative,

Strike down appropriately and sufficiently, all relevant sections of DP Act, so as to make Giving of Dowry as no more a crime in India as all the persons who give Dowry are never going to be prosecuted at all, in the view of the bar imposed by Section 7(3) DP Act.

And here is the Petition (only petition; There are umpteen additional affidavits that I had to file in support of my petition)

HMA DP3 PIL v3.0 (To Upload)

 

Rejection Order Passed by the Committee of Registrars:

Report of Committee of Registrars

 

Timeline for this PIL:

 

In November 2019, PIL was filed. Lots of learnings.

In December 2019, Interview was conducted by Registrar Judicial.

In January 2020, above Order was passed by the Registrar Judicial, by lying that I never appeared Party-in-person in any Court. (I have evidence to disprove this)

In February 2020, I withdrew the PIL, as I was not permitted to argue my PIL case, Party-in-person.

 

Next Steps

Since PIL route has been explored and all nuances in filing understood, I will explore the WP route now and later on explore Letter Petitions. And in more than one Petitions per unique prayer. Continue here.

Posted in Judicial Activism (for Public Benefit) | Tagged PIL - Effective Solution to Reduce False Dowry Cases | Leave a comment

Y N Gupta (Deceased) Thr LR Vs MS M A Ramzana on 24 December 2019

Posted on February 26, 2020 by ShadesOfKnife

Basing on Landmark judgment here from Supreme Court, Delhi High Court has held that, it is impermissible for the Court to repeatedly adjourn cases for orders after arguments are heard.

Y N Gupta (Deceased) Thr LR Vs MS M A Ramzana on 24 December 2019

Citations: [

Other Source links: https://indiankanoon.org/doc/176452660/

 

Posted in High Court of Delhi Judgment or Order or Notification | Tagged Anil Rai Vs State of Bihar Delay in Passing Orders or Judgments After Reserving the Same Y N Gupta (Deceased) Thr LR Vs MS M A Ramzana | Leave a comment

Anil Rai Vs State of Bihar on 6 August 2001

Posted on February 24, 2020 by ShadesOfKnife

Wonderful judgment from Supreme Court, which held that Repeated adjournment of matters ‘for orders‘ after arguments are heard is impermissible. Also passed the following Guidelines.

20. Under the prevalent circumstances in some of the High Courts, I feel it appropriate to provide some guidelines regarding the pronouncement of judgments which, I am sure, shall be followed by all concerned, being the mandate of this Court. Such guidelines, as for present, are as under:

(i) The Chief Justices of the High Courts may issue appropriate directions to the Registry that in case where the judgment is reserved and is pronounced later, a column be added in the judgment where, on the first page, after the cause-title, date of reserving the judgment and date of pronouncing it be separately mentioned by the court officer concerned.

(ii) That Chief Justice of the High Courts, on their administrative side, should direct the Court Officers/ Readers of the various Benches in the High Courts to furnish every month the list of cases in the matters where the judgments reserved are not pronounced within the period of that months.

(iii) On noticing that after conclusion of the arguments the judgment is not pronounced within a period of two months, the concerned Chief Justice shall draw the attention of the Bench concerned to the pending matter. The Chief Justice may also see the desirability of circulating the statement of such cases in which the judgments have not been pronounced within a period of six weeks from the date of conclusion of the arguments amongst the Judges of the High Court for their information. Such communication be conveyed as confidential and in a sealed cover.

(iv) Where a judgment is not pronounced within three months, from the date of reserving it, any of the parties in the case is permitted to file an application in the High Court with prayer for early judgment. Such application, as and when filed, shall be listed before the Bench concerned within two days excluding the intervening holidays.

(v) If the judgment, for any reason, is not pronounced within a period of six months, any of the parties of the said lis shall be entitled to move an application before the Chief Justice of the High Court with a prayer to withdraw the said case and to make it over to any other Bench for fresh arguments. It is open to the Chief Justice to grant the said prayer or to pass any other order as deems fit in the circumstances.

21. We hope and trust that the above guidelines shall be strictly followed and implemented, considering them as self-imposed restraints.

Indiankanoon version:

Anil Rai Vs State of Bihar on 6 August 2001

Casemine version:

Anil Rai v. State of Bihar on 6 August 2001

Citations: [2002 BOMCR SC 3 360], [2009 ELT SC 233 13], [2001 AIR SC 3173], [2001 SCC 7 318], [2001 SCC CRI 1009], [2001 ALD CRI 2 446], [2001 ACR SC 3 2046], [2001 RCR CRIMINAL 3 722], [2001 JT SC 6 515], [2001 SCALE 5 41], [2001 BLJR 3 1777], [2001 SUPP SCR 1 298]

Other Source links: https://indiankanoon.org/doc/1517737/ or https://www.casemine.com/judgement/in/5609ad95e4b0149711411c30

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Anil Rai Vs State of Bihar Delay in Passing Orders or Judgments After Reserving the Same Issued or Recommended Guidelines or Directions or Protocols to be followed Landmark Case Not Authentic copy hence to be replaced Reportable Judgement or Order | Leave a comment

Representation of People Act 1950 – Sec 17 – No person to be registered in more than one constituency

Posted on February 23, 2020 by ShadesOfKnife

No person shall be entitled to be registered in the electoral roll for more than one constituency.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged Representation of People Act 1950 - Sec 17 - No person to be registered in more than one constituency | Leave a comment

Representation of People Act 1950 – Sec 31 – Making false declarations

Posted on February 23, 2020 by ShadesOfKnife

If any person makes in connection with—
(a) the preparation, revision or correction of an electoral roll, or
(b) the inclusion or exclusion of any entry in or from an electoral roll,
a statement or declaration in writing which is false and which he either knows or believes to be false or does not believe to be true, he shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged Representation of People Act 1950 - Sec 31 - Making false declarations | Leave a comment

Keshav Lal Thakur Vs State of Bihar on 11 October 1996

Posted on February 23, 2020 by ShadesOfKnife

Supreme Court held that any offence under section 31 of Representation of People Act, 1950 is a Non-cognizable offence and hence direct registration of FIR is not maintainable.

We need not go into the question whether in the facts of the instant case the above view of the High Court is proper or not for the impugned  proceeding has got to be quashed as neither the police was entitled to investigate into the offence in question nor the Chief Judicial Magistrate to take cognizance upon the report submitted on completion of such investigation. On the own showing of the police, the offence under Section 31 of the Act is non cognizable and therefore the police could not have registered a case for such an offence under Section 154 Cr.P.C. of course, the police is  entitled to investigate into a non-cognizable offence pursuant to an order of a competent Magistrate under Section 155 (2) Cr.P.C. but, admittedly, no such order was passed in the instant case. That necessarily means, that neither the police could investigate into the offence in question nor submit a report on which the question of taking cognizance could have arisen. While on this point, it may be mentioned that in view of the proviso to Section 2 (d) Cr.P.C., which defines ’complaint’, the police is entitled to submit, after investigation, a report a relating to a non-cognizable offence in which case such a report is to be treated as a ’complaint’ of the police officer concerned, but that explanation will not be available to the prosecution here as that related to a case where the police initiates investigation into a cognizable offence – unlike the present one – but ultimately finds that only a non-cognizable offence has been made out.

Keshav Lal Thakur Vs State of Bihar on 11 October 1996

Citations: [1996 AD SC 7 838], [1997 ALD CRI 1 123], [1997 ALT CRI 1 439], [1996 CRIMES SC 4 121], [1996 SCALE 7 598], [1996 SCC 11 557], [1996 SUPP SCR 7 578], [1996 CCR 4 205], [1996 ACJ 2 694], [1996 JT 616], [1996 SUPREME 7 608], [1997 SUPREME 1 150]

Other Source links: https://indiankanoon.org/doc/1892533/ or https://www.casemine.com/judgement/in/5609acdee4b014971140fe1f


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 Supreme Court of India Judgment or Order or Notification | Tagged Keshav Lal Thakur Vs State of Bihar Landmark Case Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order Representation of People Act 1950 - Sec 31 - Making false declarations | Leave a comment

CrPC 198B – Cognizance of offence

Posted on February 22, 2020 by ShadesOfKnife

No Court shall take cognizance of an offence punishable under section 376B of the Indian Penal Code (45 of 1860) where the persons are in a marital relationship, except upon prima facie
satisfaction of the facts which constitute the offence upon a complaint having been filed or made by the wife against the husband.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged CrPC 198B - Cognizance of offence Gender-biased Laws | Leave a comment

CrPC 198A – Prosecution of offences under section 498A of the Indian Penal Code

Posted on February 22, 2020 by ShadesOfKnife

No Court shall take cognizance of an offence punishable under section 498A of the Indian Penal Code (45 of 1960) except upon a police report of facts which constitute such offence or upon a complaint made by the person aggrieved by the offence or by her father, mother, brother, sister or by her father’s or mother’s brother or sister or, with the leave of the Court, by any other person related to her by blood, marriage or adoption.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged CrPC 198A - Prosecution of offences under section 498A of the Indian Penal Code Gender-biased Laws | Leave a comment

CrPC 198 – Prosecution for offences against marriage

Posted on February 22, 2020 by ShadesOfKnife

(1) No Court shall take cognizance of an offence punishable under Chapter XX of the Indian Penal Code (45 of 1860) except upon a complaint made by some person aggrieved by the offence:
Provided that—
(a) where such person is under the age of eighteen years, or is an idiot or a lunatic, or is from sickness or infirmity unable to make a complaint, or is a woman who, according to the local customs and manners, ought not to be compelled to appear in public, some other person may, with the leave of the Court, make a complaint on his or her behalf;
(b) where such person is the husband and he is serving in any of the Armed Forces of the Union under conditions which are certified by his Commanding Officer as precluding him from obtaining leave of absence to enable him to make a complaint in person, some other person authorised by the husband in accordance with the provisions of sub-section (4) may make a complaint on his behalf;
(c) where the person aggrieved by an offence punishable under section 494 or section 495] of the Indian Penal Code (45 of 1860) is the wife, complaint may be made on her behalf by her father, mother, brother, sister, son or daughter or by her father’s or mother’s brother or sister 2[, or, with the leave of the Court, by any other person related to her by blood, marriage or adoption.
(2) For the purposes of sub-section (1), no person other than the husband of the woman shall be deemed to be aggrieved by any offence punishable under section 497 or section 498 of the said Code:
Provided that in the absence of the husband, some person who had care of the woman on his behalf at the time when such offence was committed may, with the leave of the Court, make a complaint on his behalf.
(3) When in any case falling under clause (a) of the proviso to sub-section (1), the complaint is sought to be made on behalf of a person under the age of eighteen years or of a lunatic by a person who has not been appointed or declared by a competent authority to be the guardian of the person of the minor or lunatic, and the Court is satisfied that there is a guardian so appointed or declared, the Court shall, before granting the application for leave, cause notice to be given to such guardian and give him a reasonable opportunity of being heard.
(4) The authorisation referred to in clause (b) of the proviso to sub-section (1), shall be in writing, shall be signed or otherwise attested by the husband, shall contain a statement to the effect that he has been informed of the allegations upon which the complaint is to be founded, shall be countersigned by his Commanding Officer, and shall be accompanied by a certificate signed by that Officer to the effect that leave of absence for the purpose of making a complaint in person cannot for the time being be granted to the husband.
(5) Any document purporting to be such an authorisation and complying with the provisions of sub-section (4), and any document purporting to be a certificate required by that sub-section shall, unless the contrary is proved, be presumed to be genuine and shall be received in evidence.
(6) No Court shall take cognizance of an offence under section 376 of the Indian Penal Code (45 of 1860), where such offence consists of sexual intercourse by a man with his own wife, the wife being under eighteen years of age, if more than one year has elapsed from the date of the commission of the offence.
(7) The provisions of this section apply to the abetment of, or attempt to commit, an offence as they apply to the offence.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged CrPC 198 - Prosecution for offences against marriage Gender-biased Laws | Leave a comment

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