web analytics

Menu

Skip to content
Shades of Knife
  • Home
  • True Colors of a Vile Wife
  • Need Inspiration?
  • Blog Updates
  • SOK Gallery
  • Vile News Reporter
  • About Me
  • Contact Me

Shades of Knife

True Colors of a Vile Wife

Month: March 2021

Tata Consultancy Services Limited Vs Cyrus Investments Pvt Ltd and Ors on 26 Mar 2021

Posted on March 29, 2021 by ShadesOfKnife

 

Tata Consultancy Services Limited Vs Cyrus Investments Pvt Ltd and Ors on 26 Mar 2021

 

Cyrus Investments Pvt. Ltd. Vs Tata Sons Ltd. Ors on 06 Jan 2020

 

Cyrus Investments Pvt. Ltd. Vs Tata Sons Ltd. Ors on 18 Dec 2019
Posted in Supreme Court of India Judgment or Order or Notification | Tagged 3-Judge (Full) Bench Decision Catena of Landmark Judgments Referred/Cited to Landmark Case Reportable Judgement or Order Tata Consultancy Services Limited Vs Cyrus Investments Pvt Ltd and Ors | Leave a comment

Jennifer Arul Vs Michael Arul

Posted on March 28, 2021 by ShadesOfKnife

 

This is the contempt proceeding under which husband was sent to 3 months simple/civil imprisonment for failing to pay maintenance.

Jennifer Arul Vs Michael Arul on 22 Mar 2021

This is the Review Petition filed by wife

Jennifer Arul Vs Michael Arul on 12 Dec 2018

 

Michael Arul Vs Jennifer Arul on 26 Oct 2017

 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged PWDV Act Sec 12 - Domestic Violence Application to Magistrate | Leave a comment

State Vs Sandeep on 29 Sep 2019

Posted on March 28, 2021 by ShadesOfKnife

The mafia who engages in sex first but then terms such consensual sex as rape is busted in this case by Delhi High Court.

From Para 14,

14. In view of the above, the Trial Court concluded that the “accused cannot be held guilty for not marrying the prosecutrix because he and his family members were ready for the marriage but the parents of the prosecutrix did not want that their daughter should marry the accused”. Given the testimony of the witnesses, the conclusion that the accused and Ms P did not marry on account of the opposition from the family of the prosecutrix is certainly a plausible view. The only reservation that this Court has to the above conclusion of the trial court is the implicit assumption that the accused was alleged to be guilty of not marrying Ms P. The accused was not on trial for not marrying Ms. P; but on an allegation of committing the
offence of rape.

From Para 16, 17 and 18,

16. The Trial Court reasoned that if the accused had established physical relationship on account of the promise of marriage, she would have disclosed the same to her parents. This Court finds no infirmity with the said reasoning as well. If the accused had induced Ms P to have physical relations on the false promise to marry; she or her mother, on becoming aware, would have disclosed the same to her father.
17. It is important to bear in mind that two consenting adults establishing a physical relationship, is not a crime. Jilting a lover, however abhorent that it may seem to some, is also not an offence punishable under the IPC.
18. In so far as consent to engage in a sexual act is concerned; the campaign ‘no means no’, that was initiated in the 1990’s, embodies a universally accepted rule: a verbal ‘no’ is a definite indication of not giving consent to engage in a sexual act. There is now wide acceptance to more ahead from the rule of ‘no means no’ to ‘yes means yes’. Thus, unless there is an affirmative, conscious and voluntary consent to engage in sex; the same would constitute an offence.

From Para 21,

21. Inducement to have a physical relationship by promising marriage must have a clear nexus with the moment promise of marriage cannot be held out as an inducement for engaging in sex over a protracted and indefinite period of time. In certain cases, a promise to marry may induce a party to agree to establish sexual relations, even though such party does not desire to consent to the same. Such inducement in a given moment may elicit consent, even though the concerned party may want to say no. Such false inducement given with the intention to exploit the other party would constitute an offence. However, it is difficult to accept that continuing with an intimate relationship, which also involves engaging in sexual activity,
over a significant period of time, is induced and involuntary, merely on the assertion that the other party has expressed its intention to get married.

State Vs Sandeep on 29 Sep 2019
Posted in High Court of Delhi Judgment or Order or Notification | Tagged False Incest Or Rape Or Sexual Or Sexual Harassment Allegations Rape after Promise of Marriage State Vs Sandeep | Leave a comment

Varun Priolkar Vs President Noorami Masjid and 3 Ors on 11 Mar 2021

Posted on March 24, 2021 by ShadesOfKnife

Additional District Magistrate at Ponda-Goa passed Orders that, loudspeakers may not be used without prior permission. Further a maximum noise level limit was prescribed.

Varun Priolkar Vs President Noorami Masjid and 3 Ors on 11 Mar 2021
Posted in District or Sessions or Magistrate Court Judgment or Order or Notification | Tagged Noise Pollution (Regulation and Control) Rules 2000 Noise Pollution due to LoudSpeakers Varun Priolkar Vs President Noorami Masjid and 3 Ors | Leave a comment

In re UTP Dipak Joshi, lodged in Dum Dum Central Correctional Home

Posted on March 23, 2021 by ShadesOfKnife

 

On 2021-03-22

High Court raised a question if State Government is considering any payment to Dipak Joshi,towards Compensation or damages for 41 years of incarceration without trial.

In re UTP Dipak Joshi, lodged in Dum Dum Central Correctional Home on 22 Mar 2021
Posted in High Court of Calcutta Judgment or Order or Notification | Tagged In re UTP Dipak Joshi lodged in Dum Dum Central Correctional Home PIL - Under Trial Prisoners Public Interest Litigation | Leave a comment

Aparna Bhat and Ors Vs State of Madhya Pradesh and Anr on 18 Mar 2021

Posted on March 23, 2021 by ShadesOfKnife

A 2-judge bench of Supreme Court passed the following directions in regards to bail proceedings in sexual offences (only applicable to women survivors).

From Para 45 and 46,

44. Having regard to the foregoing discussion, it is hereby directed that henceforth:
(a) Bail conditions should not mandate, require or permit contact between the accused and the victim. Such conditions should seek to protect the complainant from any further harassment by the accused;
(b) Where circumstances exist for the court to believe that there might be a potential threat of harassment of the victim, or upon apprehension expressed, after calling for reports from the police, the nature of protection shall be separately considered and appropriate order made, in addition to a direction to the accused not to make any contact with the victim;
(c) In all cases where bail is granted, the complainant should immediately be informed that the accused has been granted bail and copy of the bail order made over to him/her within two days;
(d) Bail conditions and orders should avoid reflecting stereotypical or patriarchal notions about women and their place in society, and must strictly be in accordance with the requirements of the Cr. PC. In other words, discussion about the dress, behavior, or past “conduct” or “morals” of the prosecutrix, should not enter the verdict granting bail;
(e) The courts while adjudicating cases involving gender related crimes, should not suggest or entertain any notions (or encourage any steps) towards compromises between the prosecutrix and the accused to get married, suggest or mandate mediation between the accused and the survivor, or any form of compromise as it is beyond their powers and jurisdiction;
(f) Sensitivity should be displayed at all times by judges, who should ensure that there is no traumatization of the prosecutrix, during the proceedings, or anything said during the arguments, and
(g) Judges especially should not use any words, spoken or written, that would undermine or shake the confidence of the survivor in the fairness or impartiality of the court.
45. Further, courts should desist from expressing any stereotype opinion, in words spoken during proceedings, or in the course of a judicial order, to the effect that (i) women are physically weak and need protection; (ii) women are incapable of or cannot take decisions on their own; (iii) men are the “head” of the household and should take all the decisions relating to family; (iv) women should be submissive and obedient according to our culture; (v) “good” women are sexually chaste; (vi) motherhood is the duty and role of every woman, and assumptions to the effect that she wants to be a mother; (vii) women should be the ones in charge of their children, their upbringing and care; (viii) being alone at night or wearing certain clothes make women responsible for being attacked; (ix) a woman consuming alcohol, smoking, etc. may justify unwelcome advances by men or “has asked for it”; (x) women are emotional and often overreact or dramatize events, hence it is necessary to corroborate their testimony; (xi) testimonial evidence provided by women who are sexually active may be suspected when assessing “consent” in sexual offence cases; and (xii) lack of evidence of physical harm in sexual offence case leads to an inference of consent by the woman.

 

Aparna Bhat and Ors Vs State of Madhya Pradesh and Anr on 18 Mar 2021

 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Aparna Bhat and Ors Vs State of Madhya Pradesh and Anr CrPC 437 - When bail may be taken in case of Non-Bailable Offence CrPC 438 - Anticipatory Bail Issued or Recommended Guidelines or Directions or Protocols to be followed Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order | Leave a comment

Tarlochan Dev Sharma Vs State of Punjab and Ors on 25 July 2001

Posted on March 22, 2021 by ShadesOfKnife

(The popular meaning also must not be resorted to)

Tarlochan Dev Sharma Vs State of Punjab and Ors on 25 July, 2001

Citations : [2001 AIR SC 2524], [2001 JT SC 5 645], [2002 LW 1 19], [2001 SCALE 4 472], [2001 SCC 6 260], [2001 SCR 3 1146], [2001 AIR SC 2689], [2001 AIR SCW 2689], [2001 JT 5 645]

Other Sources :

https://indiankanoon.org/doc/1389589/

https://www.casemine.com/judgement/in/5609ada0e4b0149711411e78

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Legal Procedure Explained - Interpretation of Statutes PIL - Dowry Givers should be Prosecuted Reportable Judgement or Order Tarlochan Dev Sharma Vs State of Punjab and Ors | Leave a comment

Paramjit Kumar Saroya Vs Union of India and Anr on 28 May 2014

Posted on March 21, 2021 by ShadesOfKnife

Sitting on a Division bench of Punjab and Haryana High Court, Justice Sanjay Kishan Kaul held that, Appeals under the Maintenance and Welfare of Parents and Senior Citizens Act 2007 can be filed by any of the affected parties.

We may add at this stage that in order to have assistance to this Court in view of the complexity in the matter involved, we considered it appropriate not only for the counsels to assist us, but to appoint Amicus Curiae to have dispassionate view of the matter. We, thus, appointed Mr. Puneet Bali, Senior Advocate as the Amicus Curiae to be assisted by Ms. Divya Sharma, Advocate. They have done a comprehensive research on various aspects of the matter and this includes the Parliamentary debates when the Bill for enactment of the said Act was introduced. A perusal of these debates reflect that therehas been no debate qua Section 16(1) of the said Act, nor has any intent been reflected to exclude the right of appeal to persons other than thesenior citizens or parents, unlike the debate on Section 17 of the said Act where the right of legal representation has been excluded.

And here is the conclusion.

We are thus of the view that Section 16(1) of the said Act is valid, but must be read to provide for the right of appeal to any of the affected parties.

Paramjit Kumar Saroya Vs Union of India and Anr on 28 May 2014

Citations : [2014 AIR P&H 121], [2014 SCC ONLINE P&H 10864]

Other Sources :

https://indiankanoon.org/doc/156882703/

https://www.casemine.com/judgement/in/5609a051e4b01497113e6023

Posted in High Court of Punjab & Haryana Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Legal Procedure Explained - Interpretation of Statutes Maintenance and Welfare of Parents and Senior Citizens Act 2007 MWPSC Act 2007 Sec 16 - Appeals Paramjit Kumar Saroya Vs Union of India and Anr PIL - Dowry Givers should be Prosecuted Reportable Judgement or Order | Leave a comment

Rakhi Sharma Vs State and Ors on 5 Mar 2021

Posted on March 21, 2021 by ShadesOfKnife

Delhi High Court held that, Appeals can be filed by any ‘affected person’ under MWPSC Act and applicable Rules in Delhi in cases of maintenance and eviction of son, daughter or any legal heir to their property.

From Para 4

4. A large number of writ petitions are filed before this Court challenging orders passed under the Act, as also the Rules. There appears to be some confusion as to which orders are appealable, to which forum and by whom. In order to properly appreciate the scheme of the Act and the Rules thereto, it is necessary to set out the provisions which are applicable separately qua maintenance and eviction proceedings.

From Para 15, 16 and 17,

15. As per the above Rules, a senior citizen can approach the Deputy Commissioner/DM seeking eviction of the son, daughter or any other legal heir from his self-acquired property on account of his non-maintenance and ill-treatment. The term ‘self-acquired property’ has been amended to include ’property of any kind’, vide notification dated 28th July, 2017 numbered F.No.40(405)/AmendmentofRulesMAWPSC2007/DD(SS)/DSW/2015-6/1168411712. Thus, the senior citizen can approach the Deputy Commissioner/DM for eviction from any property over which he/she enjoys rights. The title of the senior citizen is checked. A report is submitted by the concerned SDM after verifying both the title as also the facts pleaded. If the Deputy Commissioner/DM is satisfied, then notice is issued to the children/relatives whose eviction is sought and thereafter orders are passed.
16. Under Rule 22(3)(4), an appeal against the order of the Deputy Commissioner/District Magistrate would lie before the Divisional Commissioner, Delhi. Thus, in respect of eviction, the first forum would be the Deputy Commissioner/District Magistrate. A challenge to the order of the Deputy Commissioner/DM would lie before the Divisional Commissioner.
17. The Act and the various Rules and Notifications thereto are not readily available to litigants, as also lawyers, in the form of a separate publication. This may be one of the causes for confusion in filing multiple writ petitions directly against the first order of the tribunal or, in the case of eviction, from the order of the Deputy Commissioner/DM. The said orders would be appealable as explained hereinabove. Thus, lawyers and the litigating public ought to avail of the remedies available to them under the Act and the Rules, as per the narration above.

Finally, Directions were passed.

18. Since, in most cases, the appellate forum and the period of limitation is not within the knowledge of litigants and sometimes even lawyers, it is directed that the following two sentences be added at the end of every order passed by the initial forum i.e., the Tribunal under Section 7 of the Act or, in eviction cases, the Deputy Commissioner/DM under Rule 23(3) of the Rules as amended on 19th December, 2016:
For maintenance cases:
“The present order would be appealable, under Section 16 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 read with Rule 16 of The Delhi Maintenance and Welfare of Parents and Senior Citizens Rules, 2009, to the Appellate Tribunal, presided over by the Deputy Commissioner of the concerned District. The period of limitation for filing of appeal is 60 days.”
For eviction cases:
“The present order would be appealable under Rule 22(3)(4) of The Delhi Maintenance and Welfare of Parents and Senior Citizens Rules, 2009, as amended on 19th December, 2016 before the Divisional Commissioner, Delhi. The period of limitation for filing of appeal is 60 days.”

Rakhi Sharma Vs State and Ors on 5 Mar 2021

Citations :

Other Sources :

 

Posted in High Court of Delhi Judgment or Order or Notification | Tagged Maintenance and Welfare of Parents and Senior Citizens Act 2007 Maintenance and Welfare of Parents and Senior Citizens Rules Rakhi Sharma Vs State and Ors | Leave a comment

State of Maharashtra Vs Azad Ramji Mishra on 22 Dec 2016

Posted on March 18, 2021 by ShadesOfKnife

 

State of Maharashtra Vs Azad Ramji Mishra on 22 Dec 2016
Posted in District or Sessions or Magistrate Court Judgment or Order or Notification | Tagged False Incest Or Rape Or Sexual Or Sexual Harassment Allegations Perjury Under 340 CrPC State of Maharashtra Vs Azad Ramji Mishra Work-In-Progress Article | Leave a comment

Post navigation

  • Older posts

Search within entire Content of “Shades of Knife”

My Legal Twitter Timeline

Tweets by @SandeepPamarati

My MRA Twitter Timeline

Tweets by @Shadesofknife

Recent Posts

  • Ram Nath Sao @ Ram Nath Sahu and Ors Vs Gobardhan Sao and Ors on 27 Feb 2002 February 4, 2023
  • Nimesh Dilipbhai Brahmbhatt Vs Hitesh Jayantilal Patel on 02 May 2022 February 4, 2023
  • Indian Oil Corporation Ltd and Ors Vs Subrata Borah Chowlek and Anr on 12 Nov 2010 February 4, 2023
  • State of Maharashtra Vs Dnyaneshwar Laxman Rao Wankhede on 29 Jul 2009 January 26, 2023
  • Sabiya Begum Malka Vs State of U.P. and Ors on 18 May 2016 January 24, 2023

Most Read Posts

  • Do you know that there is time limit of 60 days to dispose of a Domestic Violence case in India under sec 12(5) of PWDV Act? (9,491 views)
  • XXX Vs State of Kerala and Ors on 05 July 2022 (2,849 views)
  • Ratandeep Singh Ahuja Vs Harpreet Kaur on 11 Oct 2022 (911 views)
  • State Bank of India and Anr Vs Ajay Kumar Sood on 16 Aug 2022 (871 views)
  • Abbas Hatimbhai Kagalwala Vs The State of Maharashtra and Anr on 23 Aug 2022 (856 views)
  • Bar Council of India Vs Bonnie Foi Law College and Ors (726 views)
  • P Parvathi Vs Pathloth Mangamma on 7 Jul 2022 (706 views)
  • Sandeep Pamarati Vs State of AP and Anr on 29 Sep 2022 (Disposal of DVC in 60 days) (706 views)
  • Mukesh Singh versus State of Uttar Pradesh on 30 Sep 2022 (622 views)
  • Joginder Singh Vs Rajwinder Kaur on 29 Oct 2022 (576 views)

Tags

Legal Procedure Explained - Interpretation of Statutes (325)Reportable Judgement or Order (321)Landmark Case (312)2-Judge (Division) Bench Decision (261)Work-In-Progress Article (218)Catena of Landmark Judgments Referred/Cited to (212)1-Judge Bench Decision (146)Sandeep Pamarati (88)3-Judge (Full) Bench Decision (79)Article 21 - Protection of life and personal liberty (74)Perjury Under 340 CrPC (53)Issued or Recommended Guidelines or Directions or Protocols to be followed (52)Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations (51)Reprimands or Setbacks to YCP Govt of Andhra Pradesh (49)Summary Post (46)CrPC 482 - Quash (38)Not Authentic copy hence to be replaced (34)Advocate Antics (34)Rules of the Act/Ordinance/Notification/Circular (33)IPC 498a - Not Made Out (32)

Categories

Supreme Court of India Judgment or Order or Notification (631)Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments (297)High Court of Andhra Pradesh Judgment or Order or Notification (159)High Court of Delhi Judgment or Order or Notification (108)High Court of Bombay Judgment or Order or Notification (91)High Court of Karnataka Judgment or Order or Notification (66)General Study Material (55)High Court of Madras Judgment or Order or Notification (53)Assorted Court Judgments or Orders or Notifications (48)Prakasam DV Cases (46)LLB Study Material (45)High Court of Punjab & Haryana Judgment or Order or Notification (45)Judicial Activism (for Public Benefit) (40)High Court of Allahabad Judgment or Order or Notification (39)District or Sessions or Magistrate Court Judgment or Order or Notification (38)High Court of Kerala Judgment or Order or Notification (30)High Court of Gujarat Judgment or Order or Notification (26)High Court of Madhya Pradesh Judgment or Order or Notification (25)High Court of Calcutta Judgment or Order or Notification (18)High Court of Patna Judgment or Order or Notification (17)

Recent Comments

  • ShadesOfKnife on Beena MS Vs Shino G Babu on 04 Feb 2022
  • Vincent on Beena MS Vs Shino G Babu on 04 Feb 2022
  • ShadesOfKnife on Syed Nazim Husain Vs Additional Principal Judge Family Court & Anr on 9 January, 2003
  • Ravi on Syed Nazim Husain Vs Additional Principal Judge Family Court & Anr on 9 January, 2003
  • ShadesOfKnife on Beena MS Vs Shino G Babu on 04 Feb 2022

Archives of SoK

  • February 2023 (3)
  • January 2023 (12)
  • December 2022 (12)
  • November 2022 (8)
  • October 2022 (13)
  • September 2022 (17)
  • August 2022 (10)
  • July 2022 (21)
  • June 2022 (27)
  • May 2022 (23)
  • April 2022 (32)
  • March 2022 (17)
  • February 2022 (6)
  • January 2022 (2)
  • December 2021 (7)
  • November 2021 (7)
  • October 2021 (6)
  • September 2021 (10)
  • August 2021 (31)
  • July 2021 (45)
  • June 2021 (17)
  • May 2021 (17)
  • April 2021 (18)
  • March 2021 (58)
  • February 2021 (14)
  • January 2021 (50)
  • December 2020 (35)
  • November 2020 (68)
  • October 2020 (67)
  • September 2020 (29)
  • August 2020 (41)
  • July 2020 (20)
  • June 2020 (36)
  • May 2020 (40)
  • April 2020 (38)
  • March 2020 (26)
  • February 2020 (43)
  • January 2020 (35)
  • December 2019 (35)
  • November 2019 (4)
  • October 2019 (18)
  • September 2019 (58)
  • August 2019 (33)
  • July 2019 (12)
  • June 2019 (19)
  • May 2019 (5)
  • April 2019 (19)
  • March 2019 (58)
  • February 2019 (11)
  • January 2019 (90)
  • December 2018 (97)
  • November 2018 (43)
  • October 2018 (31)
  • September 2018 (73)
  • August 2018 (47)
  • July 2018 (143)
  • June 2018 (92)
  • May 2018 (102)
  • April 2018 (59)
  • March 2018 (8)

Blogroll

  • Daaman Promoting Harmony 0
  • Fight against Legal Terrorism Fight against Legal Terrorism along with MyNation Foundation 0
  • Good Morning Good Morning News 0
  • Insaaf India Insaaf Awareness Movement 0
  • MyNation Hope Foundation Wiki 0
  • MyNation.net Equality, Justice and Harmony 0
  • Sarvepalli Legal 0
  • Save Indian Family Save Indian Family Movement 0
  • SIF Chandigarh SIF Chandigarh 0
  • The Male Factor The Male Factor 0
  • Vaastav Foundation The Social Reality 0
  • Voice4india Indian Laws, Non-profits, Environment 0
  • Writing Law Writing Law by Ankur 0

RSS Cloudflare Status

  • Maintenance impacting SSL API availability and certificate issuance February 14, 2023
    THIS IS A SCHEDULED EVENT Feb 14, 14:00 - 16:00 UTCJan 26, 10:38 UTCScheduled - On February 14th, 2023, Cloudflare will be doing database maintenance that will impact SSL API availability and may result in certificate issuance delays. The scheduled maintenance will be on February 14, 2023, 14:00 - 16:00 UTC.During the maintenance window, SSL-related […]
  • CDG (Paris) on 2023-02-10 February 10, 2023
    THIS IS A SCHEDULED EVENT Feb 10, 01:00 - 06:00 UTCFeb 3, 11:40 UTCScheduled - We will be performing scheduled maintenance in CDG (Paris) datacenter on 2023-02-10 between 01:00 and 06:00 UTC. Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window for […]
  • CDG (Paris) on 2023-02-09 February 9, 2023
    THIS IS A SCHEDULED EVENT Feb 9, 01:00 - 06:00 UTCFeb 3, 11:40 UTCScheduled - We will be performing scheduled maintenance in CDG (Paris) datacenter on 2023-02-09 between 01:00 and 06:00 UTC. Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window for […]

RSS List of Spam Server IPs from Project Honeypot

  • 178.211.132.200 | S February 5, 2023
    Event: Bad Event | Total: 972 | First: 2023-01-04 | Last: 2023-02-05
  • 192.142.21.131 | S February 5, 2023
    Event: Bad Event | Total: 461 | First: 2023-01-11 | Last: 2023-02-05
  • 178.211.132.226 | S February 5, 2023
    Event: Bad Event | Total: 1,005 | First: 2023-01-04 | Last: 2023-02-05
Proudly powered by WordPress
Theme: Flint by Star Verte LLC

Bad Behavior has blocked 594 access attempts in the last 7 days.

pixel