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Shades of Knife

True Colors of a Vile Wife

Month: March 2021

Krishna Lal Chawla and Ors Vs State of UP and Anr on 08 Mar 2021

Posted on March 11, 2021 by ShadesOfKnife

A division bench of Apex Court held that a second complaint/FIR against same accused person by same complaint is impermissible in law and is also violative of Article 21 of Constitution.

It is the aforementioned part of the holding in Upkar Singh that bears directly and strongly upon the present case. This Court in Upkar Singh has clearly stated that any further complaint by the same complainant against the same accused, after the case has already been registered, will be deemed to be an improvement from the original complaint. Though Upkar Singh was rendered in the context of a case involving cognizable offences, the same principle would also apply where a person gives information of a non-cognizable offence and subsequently lodges a private complaint with respect to the same offence against the same accused person. Even in a non-cognizable case, the police officer after the order of the Magistrate, is empowered to investigate the offence in the same manner as a cognizable case, except the power to arrest without a warrant. Therefore, the complainant cannot subject the accused to a double whammy of investigation by the police and inquiry before the Magistrate.

Krishna Lal Chawla and Ors Vs State of UP and Anr on 08 Mar 2021

Citations :

Other Sources :

 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 3-Judge (Full) Bench Decision Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations Catena of Landmark Judgments Referred/Cited to CrPC 162 - Statements To Police Not To Be Signed - Use Of Statements In Evidence Krishna Lal Chawla and Ors Vs State of UP and Anr Landmark Case Reportable Judgement or Order Upkar Singh Vs Ved Prakash and Ors | Leave a comment

Archana Deepak Jatkar Vs State of Maharashtra on 03 Mar 2021

Posted on March 11, 2021 by ShadesOfKnife

Anticipatory Bail was denied to the alleged corrupt Judicial officer by the single-judge bench of Bombay High Court

Archana Deepak Jatkar Vs State of Maharashtra on 03 Mar 2021
Posted in High Court of Bombay Judgment or Order or Notification | Tagged 1-Judge Bench Decision Archana Deepak Jatkar Vs State of Maharashtra Corrupt Practices CrPC 438 - Anticipatory Bail Denied Judiciary Antics Prevention of Corruption Act Sec 12 Prevention of Corruption Act Sec 7 | Leave a comment

Ashem Shyamkesho Singh Vs Thokchom Ranjan Meetei on 08 Jul 2016

Posted on March 11, 2021 by ShadesOfKnife

Single Judge bench of Manipur High Court held as follows:

From Para 4,

[4] Although it is nowhere mentioned in the application that the same has been filed under the provisions of CPC, it is the provisions of Order 3 Rule 4(2) of CPC which provide that appointment of an Advocate shall be filed in the court and shall be deemed to be in force until determined with the leave of the court by a writing signed by the client or the Advocate as the case may be. An Advocate does not only represent his client but he is also an officer of the court. In any matter in which he is engaged, he has to assist the court till his vakalatnama is determined in accordance with law.

From Para 6,

The normal conduct of a client is that if he wishes to change his counsel for some reason or the other, he should approach him for return of the brief and to obtain “No Objection” from him. In case his counsel returns the brief, it is well and good and if he refuses to return the brief or refuses to give “No Objection”, the client may invoke the provisions of Order 3 Rule 4 of the CPC to redress his grievances. However, in the present case, the applicants have failed to that and without determining the appointment of their earlier counsel, Shri Ng. Kumar, Advocate, they had moved an application for deleting their names from the array of parties in the writ petition through another Advocate which is unfair and unreasonable on the part of the applicants. The moment an Advocate is engaged, a client is expected to be fair and reasonable to him and ought to give proper instructions accordingly. But in any case and for whatever reasons, the applicants have expressed their view that they don’t want Shri Ng. Kumar, Advocate to continue as their counsel and that a new Advocate be engaged in his place and since the Hon’ble Supreme Court in the said R.D. Saxena’s Case (supra) has categorically observed that for whatever reason, if a client does not want to continue the engagement of a particular Advocate, it would be a professional requirement consistent with the dignity of the profession that he would return the brief to the client and it is time to hold that such obligation is not only a legal duty but a moral imperative, this court is of the view that this application is liable to be allowed. In view of the above observations of the Hon’ble Supreme Court, it is the duty of Shri Ng. Kumar, Advocate to give “No Objection” so that the applicants could engage a new Advocate of their choice. If Shri Ng. Kumar, Advocate is of the view that the action of the applicants being unfair and unreasonable, has caused prejudice to his professional right and privilege as a counsel, it is open to him to seek appropriate relief and redress his grievance from an appropriate forum.

Ashem Shyamkesho Singh Vs Thokchom Ranjan Meetei on 08 Jul 2016
Posted in High Court of Manipur Judgment or Order or Notification | Tagged 1-Judge Bench Decision Accused Have Right To Change Advocate Advocate Antics Bar Council of India Rules Part IV Chapter-II Rule 39 CPC Order 3 Rule 4 - Appointment of Pleader Legal Procedure Explained - Interpretation of Statutes R.D. Saxena Vs Balram Prasad Sharma | Leave a comment

Gyan Singh Shakya Vs State of UP on 08 Mar 2021

Posted on March 10, 2021 by ShadesOfKnife

Based on Sharad Birdhichand here and many other judgments, Allahabad High Court has set-aside the conviction and sentence of the appellants.

Gyan Singh Shakya Vs State of UP on 08 Mar 2021
Posted in High Court of Allahabad Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Catena of Landmark Judgments Referred/Cited to Circumstantial Evidence - Suspicion cannot take the place of proof Evidence Act 106 - Burden of Proving Fact Especially Within Knowledge Gyan Singh Shakya Vs State of UP Sharad Birdhi Chand Sarda Vs State of Maharashtra | Leave a comment

Nawab Vs State of Uttarakhand on 22 Jan 2020

Posted on March 10, 2021 by ShadesOfKnife

Based on Sharad BirdhiChand here, Apex Court held that the defence of accused is full of holes and cannot be believed and hence his appeal was dismissed.

Nawab Vs State of Uttarakhand on 22 Jan 2020
Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Burden of Proof shifts to Accused after initial burden has been discharged by the prosecution Circumstantial Evidence - Suspicion cannot take the place of proof Evidence Act 106 - Burden of Proving Fact Especially Within Knowledge Nawab Vs State of Uttarakhand Sharad Birdhi Chand Sarda Vs State of Maharashtra | Leave a comment

Sharad Birdhi Chand Sarda Vs State of Maharashtra on 17 Jul 1984

Posted on March 10, 2021 by ShadesOfKnife

Landmark judgment by a 3-judge bench of Supreme Court around circumstantial evidence (Sec 106 of Evidence Act 1872) basis which the accused were acquitted. The 5 golden principles postulated in this decision are as below.

153. A close analysis of this decision would show that the following conditions must be fulfilled before a case against an accused can be said to be fully established :
(1) the circumstances from which the conclusion of guilt is to be drawn should be fully established.
It may be noted here that this Court indicated that the circumstances concerned “must or should” and not “may be” established. There is not only a grammatical but a legal distinction between “may be proved” and “must be or should be proved” as was held by this Court in Shivaji Sahabrao Bobade and another Vs. State of Maharashtra 1973 2 SCC 793 where the observations were made :
(2) the facts so established should be consistent only with the hypothesis of the guilt of the accused, that is to say, they should not be explainable on any other hypothesis except that the accused is guilty,
(3) the circumstances should be of a conclusive nature and tendency,
(4) they should exclude every possible hypothesis except the one to be proved, and
(5) there must be a chain of evidence so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the
accused and must show that in all human probability the act must have been done by the accused.
154. These five golden principles, if we may say so, constitute the panchsheel of the proof of a case based on circumstantial evidence.

Sharad Birdhi Chand Sarda Vs State of Maharashtra on 17 Jul 1984 (SCR)

Citations : [1984 SCC 4 116], [1984 AIR SC 1622], [1984 CRI LJ 1738], [1984 CRIMES 2 235], [1984 CAR 263], [1984 CRLJ 90 1738], [1984 SCALE 2 445], [1985 SCR 1 88], [1984 CRLR 296], [1985 BOMCR SC 1 208], [1984 CRIMES SC 2 853], [1984 SCC CRI 1 487], [1984 SCC CRI 487], [1984 CRLJ SC 1738], [1984 AIR 1622], [1984 CRIMES SC 2 235]

Other Sources :

https://indiankanoon.org/doc/1505859/

https://www.casemine.com/judgement/in/56b48ca6607dba348ffede2b

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 3-Judge (Full) Bench Decision Burden of Proof shifts to Accused after initial burden has been discharged by the prosecution Catena of Landmark Judgments Referred/Cited to Circumstantial Evidence - Suspicion cannot take the place of proof Evidence Act 106 - Burden of Proving Fact Especially Within Knowledge Issued or Recommended Guidelines or Directions or Protocols to be followed Landmark Case Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order Sharad Birdhi Chand Sarda Vs State of Maharashtra | Leave a comment

IPC 174A – Non-appearance in response to a proclamation under section 82 of Act 2 of 1974

Posted on March 9, 2021 by ShadesOfKnife

Whoever fails to appear at the specified place and the specified time as required by a proclamation published under sub-section (1) of section 82 of the Code of Criminal Procedure, 1973 shall be punished with imprisonment for a term which may extend to three years or with fine or with both, and where a declaration has been made under sub-section (4) of that section pronouncing him as a proclaimed offender, he shall be punished with imprisonment for a term which may extend to seven years and shall also be liable to fine.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged IPC 174A - Non-appearance in response to a proclamation under section 82 of Act 2 of 1974 | Leave a comment

IPC 174 – Non-attendance in obedience to an order from public servant

Posted on March 9, 2021 by ShadesOfKnife

Whoever, being legally bound to attend in person or by an agent at a certain place and time in obedience to a summons, notice, order, or proclamation proceeding from any public servant legally competent, as such public servant, to issue the same, intentionally omits to attend at that place or time, or departs from the place where he is bound to attend before the time at which it is lawful for him to depart, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both;
or, if the summons, notice, order or proclamation is to attend in person or by agent in a Court of Justice, with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
Illustrations
(a) A, being legally bound to appear before the High Court at Calcutta, in obedience to a subpoena issuing from that Court, intentionally omits to appear. A has committed the offence defined in this section.
(b) A, being legally bound to appear before a District Judge, as a witness, in obedience to a summons issued by that District Judge intentionally omits to appear. A has committed the offence defined in this section.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged IPC 174 - Non-attendance in obedience to an order from public servant | Leave a comment

IPC 173 – Preventing service of summons or other proceeding, or preventing publication thereof

Posted on March 9, 2021 by ShadesOfKnife

Whoever in any manner intentionally prevents the serving on himself, or on any other person, of any summons, notice or order proceeding from any public servant legally competent, as such public servant, to issue such summons, notice or order, or intentionally prevents the lawful affixing to any place of any such summons, notice or order, or intentionally removes any such summons, notice or order from any place to which it is lawfully affixed, or intentionally prevents the lawful making of any proclamation, under the authority of any public servant legally competent, as such public servant, to direct such proclamation to be made, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both;
or, if the summons, notice, order or proclamation is to attend in person or by agent, or to produce a document or electronic record in a Court of Justice with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged IPC 173 - Preventing service of summons or other proceeding or preventing publication thereof | Leave a comment

IPC 172 – Absconding to avoid service of summons or other proceeding

Posted on March 9, 2021 by ShadesOfKnife

Whoever absconds in order to avoid being served with a summons, notice or order proceeding from any public servant legally competent, as such public servant, to issue such summons, notice or order, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both;
or, if the summons or notice or order is to attend in person or by agent, or to produce a document or an electronic record in a Court of Justice, with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged IPC 172 - Absconding to avoid service of summons or other proceeding | Leave a comment

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వాడే🃏vs వీడు🧛‍♂️=సిగ్గుమాలిన అపరిచుతుడు

రాష్ట్ర మద్య నీళ్లున్న చోట WASHINGTONకడతా,center ఇవ్వదు అయినా కడతా.నా బుర్రలో వచ్చే ఆలోచనతో కడతా.CBN వల్ల కాదు ఎట్లా చెయ్యాలో ACCENTUREతో 10 సిట్టింగు వేసా,ఇదిగో డిటైల్డ్ plan.రాజధాని RE హంగామాతో 2BILLION$ తెస్తా🧛‍♂️

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narendramodi Narendra Modi @narendramodi ·
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Delighted to meet the Chairman of the Rastriya Swatantra Party of Nepal Mr. Rabi Lamichhane. I welcome and fully share his desire to work closely together for a shared and prosperous future.

Nepal is a priority partner under our Neighbourhood First policy and we look forward to

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CONGRESS ALLOWS SHARIA COMPLIANT GYM IN KERALA!

Congress’ win in Kerala has ensured one thing : IUML gets a free hand and Congress bends itself to the diktats of Muslim League.

Kerala’s so-called ‘Islam-friendly gym’ mandates No music. Gender segregation. Mandatory religious

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#WATCH | Maharashtra: The passing out parade at the Combat Army Aviation Training School in Nashik, concluded on an emotional note for a couple as Captain Bharat Bhardwaj proposed marriage to his partner.

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