The 3-judge bench of Allahabad High Court held right the decision made in Nawal Kishore Sharma here.
Citations: [2]
Other Source links: https://indiankanoon.org/doc/172265121/
Month: May 2020
Nawal Kishore Sharma Vs Union of India and Ors on 7 August 2014
This judgment from Supreme Court hits the final nail of those persons who say a High Court does not have territorial jurisdiction beyond it’s borders. It also cites Kusum Ingots where by Supreme Court has expressed an Obiter Dicta (Judicial opinion, different from ratio decidendi, which is word of Judge based on case facts) to the same effect.
From Para 11
11. On a plain reading of the amended provisions in clause (2), it is clear that now the High Court can issue a writ when the person or the authority against whom the writ is issued is located outside its territorial jurisdiction, if the cause of action wholly or partially arises within the court’s territorial jurisdiction. Cause of action for the purpose of Article 226(2) of the Constitution, for all intent and purpose must be assigned the same meaning as envisaged under Section 20(c) of the Code of Civil Procedure. The expression cause of action has not been defined either in the Code of Civil Procedure or the Constitution. Cause of action is bundle of facts which is necessary for the plaintiff to prove in the suit before he can succeed. The term “cause of action” as appearing in clause (2) came up for consideration time and again before this Court.
Citations: [2014 AIR SC 3607], [2014 AJR 4 410], [2014 ALR 106 710], [2014 AWC SC 5 4947], [2014 SCSUPPL CHN 5 192], [2014 FLR 143 1015], [2014 JLJR 4 69], [2014 PLJR 4 227], [2014 SCALE 9 244], [2014 SCC 9 329], [2014 SCJ 7 307], [2014 SCT SC 4 129], [2014 SLJ SC 3 175], [2014 SCC ONLINE SC 610], [2014 AIC 142 193], [2014 ALLLR 106 710], [2014 KHC 0 4507], [2014 AIOL 481], [2014 JT 9 46], [2014 SLT 6 703], [2014 SUPREME 5 689], [2015 LW 1 810], [2014 CALHN 5 192]
Other Source links: https://indiankanoon.org/doc/70426214/ or https://www.casemine.com/judgement/in/5609af57e4b01497114161bb
This was followed in this 2-judge bench judgment of Allahabad High Court here.
Afzal Ansari and 2 Ors Vs State Of U.P. and 2 Ors on 15 May 2020
Allahabad High Court has held that,
From Para 39,
39. Therefore, we are of the considered opinion that Azan can be recited by Muezzin from minarets of the Mosques by human voice without using any amplifying device and the administration is directed not to cause hindrance in the same on the pretext of the Guidelines to contain the pandemic Covid19, unless such guidelines are being violated.
From Para 40,
40. Therefore, it is held that Azan may be an essential and integral part of Islam but recitation of Azan through loudspeakers or other sound amplifying devices cannot be said to be an integral part of the religion, warranting protection of the fundamental right enshrined under Article 25 of the Constitution of India, which is even otherwise subject to public order, morality or health and to other provisions of part III of the Constitution of India. Thus, under no circumstances sound amplifying devices can be permitted to be used between 10.00 p.m. to 6.00 a.m. by the district administrations. Further, the petitioners have failed to bring on record or even plead that they sought any such permission for the use of sound amplifying devices, for recital of Azan from their respective mosques and, therefore, their use without such permission would be illegal and cannot be accorded approval by this Court. However, in case any such application is filed before the concerned authorities, that may be dealt with in accordance with law including Noise Pollution Rules. Furthermore, as already discussed in detail hereinabove, Azan can be recited by Muezzin from minarets of the Mosques by human voice without using any amplifying device and such recitation cannot be hindered with under the pretext of violation of the Guidelines issued by the State, to contain the pandemic Covid19.
Citations: [2020 SCC ONLINE ALL 592]
Other Source links:
https://indiankanoon.org/doc/46976882/
https://www.casemine.com/judgement/in/5ecdf3b59fca191563b4b510
Ajay Kumar Vs Lata @ Sharuti on 08 April 2019
Supreme Court upheld that Brother-in-law who is in a domestic relationship with the applicant has to pay the Interim maintanance.
Citations: []
Other Source links:
The index page is here.
Prakash Nagardas Dubal-Shaha Vs Meena Prakash Dubal Shah and Ors on 22 April 2016
Supreme Court held that undecided divorce case does not affect the maintainability of a DV case.
Citations: []
Other Source links:
The index page is here.
V.D. Bhanot Vs Savita Bhanot on 07 February 2012
Supreme Court In this case, upheld the view taken by the Delhi High Court that the conduct of the parties even prior to the coming into force of the Domestic Violence Act, could be taken into consideration while passing an order under Sections 18, 19 and 20 thereof. Even if a wife, who had shared a household in the past, but was no longer doing so when the Act came into force, would still be entitled to the protection of the Act.
Two more Orders after the above one were passed.
Order u/s 19
Citations: []
Other Source links:
The index page is here.
Sandhya Manoj Wankhade Vs Manoj Bhimrao Wankhade and Ors on 31 January 2011
Supreme Court held that Women can also be made respondents in a DV case.
From Paras 12, 13 and 14,
12. From the above definition it would be apparent that although Section 2(q) defines a respondent to mean any adult male person, who is or has been in a domestic relationship with the aggrieved person, the proviso widens the scope of the said definition by including a relative of the husband or male partner within the scope of a complaint, which may be filed by an aggrieved wife or a female living in a relationship in the nature of a marriage.
13. It is true that the expression “female” has not been used in the proviso to Section 2(q) also, but, on the other hand, if the Legislature intended to
exclude females from the ambit of the complaint, which can be filed by an aggrieved wife, females would have been specifically excluded, instead of
it being provided in the proviso that a complaint could also be filed against a relative of the husband or the male partner. No restrictive meaning has been given to the expression “relative”, nor has the said expression been specifically defined in the Domestic Violence Act, 2005, to make it specific to males only.
14. In such circumstances, it is clear that the legislature never intended to exclude female relatives of the husband or male partner from the ambit of a complaint that can be made under the provisions of the Domestic Violence Act, 2005.
Citations: []
Other Source links:
After more than 5 long years, Supreme Court has struck down two words “Adult male” from Sec 2(q) of PWDV Act 2005 here.
The index page is here.
D. Velusamy Vs D. Patchaiammal on 21 October 2010
Justice Katju held as follows:
33. In our opinion a ‘relationship in the nature of marriage’ is akin to a common law marriage. Common law marriages require that although not
being formally married :-
(a) The couple must hold themselves out to society as being akin to spouses.
(b) They must be of legal age to marry.
(c) They must be otherwise qualified to enter into a legal marriage, including being unmarried.
(d) They must have voluntarily cohabited and held themselves out to the world as being akin to spouses for a significant period of time.In our opinion a ‘relationship in the nature of marriage’ under the 2005 Act must also fulfill the above requirements, and in addition the parties
must have lived together in a ‘shared household’ as defined in Section 2(s) of the Act. Merely spending weekends together or a one night stand would not make it a ‘domestic relationship’.
Citations: []
Other Source links:
Kiran Bedi Vs Committee of Inquiry and Anr on 04 January 1989
Supreme Court cited Bhagawad Gita as follows:
The reason for the importance attached with regard to the matter of safeguarding the reputation of a person being prejudicially affected in Clause (b) of Section 8-B of the Act is not far to seek.
The following words of caution uttered by the Lord to Arjun in Bhagwad Gita with regard to dishonour or loss of reputation may usefully be quoted:“Akirtinchapi Bhutani Kathaishyanti te-a-vyayam, Sambhavitasya Chakirtir maranadatirichyate”
(Men will recount thy perpetual dishonour, and to one highly esteemed, dishonour exceedeth death)
Citations: []
Other Source links:
https://indiankanoon.org/doc/220787/ (Earlier Judgment of SC: https://indiankanoon.org/doc/781145/)
