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True Colors of a Vile Wife

Month: May 2021

Ramasamy Udayar Vs District Collector and Ors on 30 Apr 2021

Posted on May 31, 2021 by ShadesOfKnife

A division bench of Madras High Court put the peacefools in their right place and allowed Hindu religious processions in all the streets of the village.

19.As stated earlier, before the year 2012, Temple’s processions were conducted through all the streets in the village and there was no problem. Even from the year 2012 to 2015, processions were conducted through all the streets and roads which have been approved by this Court in W.P.No.23487 of 2012 and W.P.No.33288 of 2015 filed by the private respondent herein. Therefore, it is evident that taking out Temple’s processions through all the streets and roads in V.Kalathur village have been the custom and practice of the Hindus for the past many decades. It seems from the year 2012 onwards, when the Muslims started objecting, the problem seems to have started.

From Para 20,

As per Section 180-A of the District Municipalities Act 1920, roads or streets should be used as access to the people irrespective of their religion, caste or creed. Merely because one religious group is dominating in a particular locality, it cannot be a ground to prohibit from celebrating religious festivals or taking processions of other religious groups through those roads. If it is to be accepted, then a day will come when a particular religious group which is predominantly occupying the area, will not allow the people belonging to other religious groups even to use the roads even for movement, transportation or the normal access. Even the marriage processions and funeral processions would be prohibited/prevented which is not good for our society.

From Para 25,

25.The abovesaid facts of the case would reveal that all along there had been religious tolerance and the religious festivals were conducted very  smoothly and religious procession were conducted without any problem through all the streets and roads of the village. If religious intolerance is going to be allowed, it is not good for a secular country. Intolerance in any form by any religious group has to be curtailed and prohibited. In this case,
intolerance of a particular religious group is exhibited by objecting for the festivals which have been conducted for decades together and the procession through the streets and roads of the village are sought to be prohibited stating that the area is dominated by Muslims and therefore, there cannot be any Hindu festival or procession through the locality. India is a secular country and merely because one religious group is living in majority in a particular area, it cannot be a reason for not allowing other religious festivals or processions through that area. If the contention of the private
respondent is to be accepted then it would create a situation in which minority people cannot conduct any festival or procession in most of the areas in India. If resistance is being exhibited by one religious group and it is reciprocated by the other religious groups, there would be chaos, riots, religious fights causing loss of lives and destruction of properties. Consequently, the secular character of our country will be destroyed or damaged.

Ramasamy Udayar Vs District Collector and Ors on 30 Apr 2021

 

Posted in High Court of Madras Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Muslims object to Hindus Religious Processions Ramasamy Udayar Vs District Collector and Ors | Leave a comment

Prabin Gopal Vs Meghna on 18 May 2021

Posted on May 29, 2021 by ShadesOfKnife

Relying on the Landmark judgements of Dastane and Ghosh, the Division bench of the Kerala High Court delivered a good judgment and granted Divorce to Husband on the ground of Mental cruelty.

Prabin Gopal Vs Meghna on 18 May 2021
Posted in High Court of Kerala Judgment or Order or Notification | Tagged Divorce granted on Cruelty ground HM Act - Mental Cruelty Proved HM Act 13 - Divorce Granted to Husband Mental Cruelty Narayan Ganesh Dastane Vs Sucheta Narayan Dastane Prabin Gopal Vs Meghna Samar Ghosh vs Jaya Ghosh | Leave a comment

Titash Banik Vs State of Chhattisgarh on 23 Dec 2016

Posted on May 28, 2021 by ShadesOfKnife

Relying on landmark decision of a Division bench of the Apex Court here, High Court of Chhattisgarh held that the accused must be provided with a certified copy of the FIR in which the accused was accused.

Titash Banik Vs State of Chhattisgarh on 23 Dec 2016

Citations: [2016 SCC ONLINE CHH 1623]

Other Sources:

https://indiankanoon.org/doc/149118573/

https://www.casemine.com/judgement/in/58a563b84a93266eac2e0258

Police authorities cannot deny certified copy of FIR, except in some sensitive cases

Posted in High Court of Chhattisgarh Judgment or Order or Notification | Tagged 1-Judge Bench Decision Article 21 - Protection of life and personal liberty Upload FIR Within 24 Hours Youth Bar Association of India Vs UOI | Leave a comment

Janasena Party Vs SEC AP and 2 Ors on 21 May 2021

Posted on May 27, 2021 by ShadesOfKnife

Another slipper shot given to the State Elections Commissioner, who had been a stooge of the Chief Minister of AP.

The language of the judgment is clear that respondent No.1 herein was directed to re-impose MCC for four weeks before the notified date of polling. Instead of following the direction, respondent No.1 who took charge of the office on 01.04.2021, took decision to resume election process of MPTC/ZPTC in utmost haste even without looking into the order passed by the Hon’ble Supreme Court in W.P. (Civil) No.437 of 2020. The main grievance of the petitioners is that on account of issue of such election notification impugned in the writ petition without providing appropriate opportunity to make preparation campaigning in the elections by the contesting candidates, more particularly candidates of the petitioner in W.P.No.7847 of 2021, thereby the procedure adopted by respondent No.1 did not provide fair opportunity to contest in the election process to the candidates of the petitioner in W.P.No.7847 of 2021 and it is in violation of constitutional right, as held in Rajabala case (referred supra).

Indisputably, a direction was issued by the Supreme Court for re-imposing MCC for four weeks before the notified polling date. In fact, MCC is the Code for holding free and fair elections, which is the basic foundation for democracy. On account of hasty decision taken by respondent No.1, dishonouring the direction with scant respect, the petitioners candidates were disabled to take part in the elections effectively with readiness and the impugned notification scuttled the level play field to the contesting candidates of petitioners in W.P.No.7847 of 2021. The sudden narcissistic decision taken by respondent No.1, without looking into the order of the Hon’ble Supreme Court, would cause irreversible consequences and irreparable injury to the candidates of petitioner in W.P.No.7847 of 2021 to participate in the election process. The explanation offered in the counter filed by the Secretary of respondent No.1 is that the four weeks time is maximum time for re-imposing MCC and the State Election Commission can reduce the period of MCC. Therefore, based on the understanding of respondent No.1, notification impugned in the writ petitions was issued.

Secretary of respondent No.1 filed the counter. State Election Commissioner, who is the Constitutional authority, did not file verified counter for the reasons best known to her, who took a decision in utmost haste to resume the election process for MPTC and ZPTC on the day when she took charge of her office after retirement having enjoyed the extension of service for six months in the same Government as Chief Secretary. The State Election Commission did not explain as to how she could understand the direction of the Hon’ble Supreme Court.

In the present case, instead of reading the judgment of the Supreme Court in W.P. (Civil) No.437 of 2020, learned State Election Commissioner interpreted the judgment on her own and concluded that the four weeks time prescribed in the order is outer limit i.e. maximum period of MCC, thereby the State Election Commissioner can reduce it. Such interpretation by misreading or misunderstanding of order is totally misplaced and it is nothing but purposive interpretation, such interpretation cannot be accepted by any stretch of imagination in view of the law declared by the Supreme Court in the judgments (referred supra). Therefore, explanation offered by the Secretary to respondent No.1 in his counter is unacceptable.

The order passed by the Supreme Court in W.P.(Civil) No.437 of 2020 is clear and categorical. On reading the said order, even a common man who can read, write and understand the English language can easily find out the direction issued by the Supreme Court in the order. But, here the State Election Commissioner, who worked as Chief Secretary to the State being a senior most retired IAS Officer, could not understand the simple direction issued by the Hon’ble Supreme Court in right perspective, which creates doubt as to her suitability and fitness to the post of Election Commissioner.

The present State Election Commissioner issued notification impugned in the writ petition on the day when she took charge of the office even without looking into the purport of the order issued by the Supreme Court in W.P.(Civil) No.437 of 2020. It is an undisputed fact, such understanding of the Election Commissioner of the State is contrary to the directions issued by the Supreme Court. Obviously, such notification was issued limiting the MCC for a minimum period from 01.04.2021 till declaration of results as per schedule i.e. 10.04.2021, even without looking into the direction issued by the Supreme Court and such notification would scuttle the level play field of political parties and their candidates in the proposed election to be held on 08.04.2021. Such act of respondent No.1 can be described as democratic backsliding, it is also known as autocratization and de-democratization. It is a gradual decline in the quality of democracy and the opposite of democratization, which may result in the State losing its democratic qualities, becoming an autocracy or authoritarian regime. Democratic decline is caused by the state-led weakening of political institutions that sustain the democratic system, such as the peaceful transition of power or electoral systems. Although these political elements are assumed to lead to the onset of backsliding, other essential components of democracy such as infringement of individual rights and the freedom of expression question the health, efficiency and sustainability of democratic systems over time. One of the reason for such democratic backsliding is executive aggrandizement. The most important feature of executive aggrandizement is that the institutional changes are made through legal channels, making it seem as if the elected official has a democratic mandate. Some examples of executive aggrandizement are the decline of media freedom and the weakening of the rule of law (i.e., judicial and bureaucratic restraints on the government), such as when judicial autonomy is threatened.

Another reason for democratic backsliding is strategic harassment and manipulation during elections. This form of democratic backsliding entails the impairment of free and fair elections through tactics such as blocking media access, disqualifying opposition leaders, or harassing opponents. This form of backsliding is done in such a way that the elections do not appear to be rigged and rarely involves any apparent violations of the law, making it difficult for the Election observer to observe these misconducts. As such, the act of the respondents is nothing but democratic backsliding.

Normally, the IAS officers, who are working and achieved excellence in the career with their brilliance, were posted in the rank of Principal Secretary and above to look after the entire administration in the State and expected to act fairly and freely without any fear or favour; though worked in particular Government, they are being appointed in key posts such as State Election Commissioner since they possessed knowledge vested with power. Based on such brilliance and knowledge, the State Election Commissioner could not understand the purport of the order passed by the Full Bench of the Hon’ble Supreme Court, obviously for the reasons best known to the State Election Commissioner. The present situation is fine example of  democratic backsliding. The understanding of the order of the Full Bench of the Hon’ble Supreme Court by respondent No.1 or by Secretary to respondent No.1 is not based on any reasoning, except non-application of mind by the concerned authority. The State Election Commissioner did not care even the direction issued by the Full Bench of the Hon’ble Supreme Court by over-reaching the order, made the direction lifeless and the direction became redundant. Hence, the contention of the learned senior counsel for respondent No.1 is hereby rejected. Accordingly, I hold that the impugned notification was issued in deliberate and intentional violation of the direction dated 18.03.2020 issued by the Supreme Court in W.P. (Civil) No.437 of 2020, which is in the nature of direction issued under Article 142 of the Constitution of India, and the same is binding on the State. The first respondent being constitutional authority is expected to maintain rule of law and act within the sphere of constitutional authority, but acted in clear defiance of the directions with almost disrespect to the order of the Hon’ble Supreme Court. Consequently, the notification impugned in the writ petitions is liable to be set aside. Accordingly, the point is answered in favour of the petitioners and against the respondents.

Janasena Party Vs SEC AP and 2 Ors on 21 May 2021
Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged Janasena Party Vs SEC AP and 2 Ors Reprimands or Setbacks to YCP Govt of Andhra Pradesh | Leave a comment

Laxmi Meenakshi Vs Chetty Mahadevappa on 9 Apr 2021

Posted on May 27, 2021 by ShadesOfKnife

An unscrupulous woman who was living in adultery, tried to get the divorce granted by a Family court but her earlier complaints came back to bite her.

From Para 29,

29. The contents of this complaint clearly indicate that the appellant had illegal connection with the 2nd respondent and had expressed her intention that she was not willing to lead marital life with the 1st respondent who is her lawfully wedded husband.

Laxmi Meenakshi Vs Chetty Mahadevappa on 9 Apr 2021

Citations:

Other Sources:

https://indiankanoon.org/doc/51469712/

Telangana HC | If one of spouses in a marital relationship is found to be guilty of infidelity, would it amount to causing mental cruelty to the other spouse? HC highlights concept of mental cruelty & desertion

Posted in High Court of Telangana Judgment or Order or Notification | Tagged Laxmi Meenakshi Vs Chetty Mahadevappa | Leave a comment

IPC 505 – Statements conducing to public mischief

Posted on May 27, 2021 by ShadesOfKnife

(1) Whoever makes, publishes or circulates any statement, rumour or report,—
(a) with intent to cause, or which is likely to cause, any officer, soldier, sailor or airman in the Army, Navy or Air Force of India to mutiny or otherwise disregard or fail in his duty as such; or
(b) with intent to cause, or which is likely to cause, fear or alarm to the public, or to any section of the public whereby any person may be induced to commit an offence against the State or against the public tranquility; or
(c) with intent to incite, or which is likely to incite, any class or community of persons to commit any offence against any other class or community,
shall be punished with imprisonment which may extend to three years, or with fine, or with both.
(2) Statements creating or promoting enmity, hatred or ill-will between classes.—Whoever makes, publishes or circulates any statement or report containing rumour or alarming news with intent to create or promote, or which is likely to create or promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, feelings of enmity, hatred or ill-will between different religious, racial, language or regional groups or castes or communities, shall be punished with imprisonment which may extend to three years, or with fine, or with both.
(3) Offence under sub-section (2) committed in place of worship, etc.—Whoever commits an offence specified in sub-section (2) in any place of worship or in any assembly engaged in the
performance of religious worship or religious ceremonies, shall be punished with imprisonment which may extend to five years and shall also be liable to fine.
Exception.—It does not amount to an offence, within the meaning of this section, when the person making, publishing or circulating any such statement, rumour or report, has reasonable grounds for believing that such statement, rumour or report is true and makes, publishes or circulates it 2[in good faith and] without any such intent as aforesaid.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged IPC 505 - Statements conducing to public mischief | Leave a comment

IPC 153A – Promoting enmity between different groups on ground of religion race place of birth residence language etc and doing acts prejudicial to maintenance of harmony

Posted on May 27, 2021 by ShadesOfKnife

(1) Whoever—
(a) by words, either spoken or written, or by signs or by visible representations or otherwise, promotes or attempts to promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, disharmony or feelings of enmity, hatred or ill-will between different religious, racials, language or regional groups or castes or communities, or
(b) commits any act which is prejudicial to the maintenance of harmony between different religious, racial, language or regional groups or castes or communities, and which disturbs or is likely to disturb the public tranquillity, or
(c) organizes any exercise, movement, drill or other similar activity intending that the participants in such activity shall use or be trained to use criminal force or violence or knowing it to
be likely that the participants in such activity will use or be trained to use criminal force or violence, or participates in such activity intending to use or be trained to use criminal force or violence or knowing it to be likely that the participants in such activity will use or be trained to use criminal force or violence, against any religious, racial, language or regional group or caste or community and such activity for any reason whatsoever causes or is likely to cause fear or alarm or a feeling of insecurity amongst members of such religious, racial, language or regional group or caste or community,
shall be punished with imprisonment which may extend to three years, or with fine, or with both.
(2) Offence committed in place of worship, etc.—Whoever commits an offence specified in sub-section (1) in any place of worship or in any assembly engaged in the performance of religious
worship or religious ceremonies, shall be punished with imprisonment which may extend to five 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 153A - Promoting enmity between different groups on ground of religion race place of birth residence language etc and doing acts prejudicial to maintenance of harmony | Leave a comment

Kanumuri Raghurama Krishnam Raju Vs State of AP and Ors

Posted on May 27, 2021 by ShadesOfKnife

On his birthday 14 May 2021, Member of Parliament Sri Kanumuri Raghurama Krishnam Raju was arrested from his home at Hyderabad by the AP CID Police and brought to CID office at Guntur. On the intervening night between 14th and 15th May 2021, he was subjected to the 3rd degree police torcher by the AP CID Police on the instruction of their Higher up who may be boot-licking their political masters. Then a slew of legal actions were put to motion…

 


On 19 May 2021,

The Police officials who tried to act smart and favor their pay-master Chief Minister of AP by not implementing the Order of High Court, got served with Contempt of Court notices. The High Court also showcased the shenanigans of the Superintendent of the Government General Hospital, Guntur who is also the wife of the head of the ruling party’s IT Cell also, who did not finish the examination of accused in time and made the High Court wait until 6PM, finally issuing a notice why action should not be taken under the provisions of Contempt of Court Act.

The AAG got rap on his butt from Justice Lalitha Kanneganti by saying that he could be referred to Bar Council for taking appropriate action, which may involve immediate suspension from Bar Association which will render him a non-advocate during suspension period and eventually getting kicked out of the Legal profession itself, all for the chamchagiri he intended to do to the Chief Minister of AP.

Hilarious stuff!!

HC-DB-Kanumuri Raghurama Krishnam Raju Vs State of AP and Ors on 19 May 2021

On 21 May 2021,

Supreme Court granted bail with usual conditions.

In our view, considering the injuries as reported by the Medical Board of the Army Hospital, we can prima facie form an opinion that the appellant may have been ill-treated while in police custody. Further, we are of the opinion that the charges against the appellant are not such in which custodial interrogation would be required as all the statements made by the appellant are on record and the FIR has been lodged only after a detailed enquiry by the State CID. Considering the totality of the circumstances and also the health position of the appellant, specially that the appellant has undergone heart bypass surgery in December 2020, which is not denied by the respondent and has also been noted in the report of the Medical Board of the Army Hospital, we deem it just and proper that the appellant be enlarged on bail

SC-Kanumuri Raghurama Krishnam Raju Vs State of AP and Ors on 21 May 2021

On 17 Jun 2021,

On the request of the petitioner’s advocate, AP High Court disposed of this petition as no further action is required.

HC-DB-Kanumuri Raghurama Krishnam Raju Vs State of AP and Ors on 17 Jun 2021
Posted in Assorted Court Judgments or Orders or Notifications | Tagged IPC 124A - Sedition IPC 153A - Promoting enmity between different groups on ground of religion race place of birth residence language etc and doing acts prejudicial to maintenance of harmony IPC 505 - Statements conducing to public mischief Kanumuri Raghurama Krishnam Raju Vs State of AP and Ors Reprimands or Setbacks to YCP Govt of Andhra Pradesh | Leave a comment

Navendra Kumar Vs Union of India on 06 Nov 2013

Posted on May 19, 2021 by ShadesOfKnife

A division bench of Gauhati High Court held in this Writ Appeal that, CBI to be an unconstitutional body.

Navendra Kumar Vs Union of India on 06 Nov 2013

Citations : [2013 SCC ONLINE GAU 305], [2014 GAU LR 1 529], [2014 AIC 133 743], [2013 CRI LJ 5009]

Other Sources :

https://indiankanoon.org/doc/133280611/

https://www.casemine.com/judgement/in/56eaac16607dba3c8ce40e16


The above Judgment and Order was stayed in 3 days time by a Division bench of Supreme Court.

Union of India Vs Navendra Kumar on 09 Nov 2013

Last update from Supreme Court website is this…

Union of India Vs Navendra Kumar on 26 Jun 2019
Posted in High Court of Gauhati Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision CBI is Unconstitutional Landmark Case Law or Provision is Alleged as Unconstitutional Legal Procedure Explained - Interpretation of Statutes Navendra Kumar Vs Union of India | Leave a comment

Pritilata Majumder Vs Krishnapada Majumder on 23 Apr 2021

Posted on May 13, 2021 by ShadesOfKnife

Based on Apex Court decision here, Single Judge of High Court of Tripura held that the evidence of a dumb witness is a competent witness as per section 119 of Evidence Act.

[14] Evidently the petitioner was produced in court and an expert trained in sign language was also engaged by the court to interpret her evidence. As observed by the court, since the petitioner did not understand sign language she could not communicate her evidence to the interpreter and as a result the interpreter could not interpret her evidence to court. However, the petitioner was able to communicate to the court by her signs and gestures that everything of her life was known to her mother.

[15] In this emerged situation, mother [PW-2] of the petitioner is the best witness on her side. She had intimate knowledge of the signs and gestures and meaning of all expressions of her daughter who was brought up by her since her birth. None on earth other than her could better understand her daughter. The mother categorically stated at the trial that marriage of her daughter with the respondent was solemnized in a temple at Kumarghat and after marriage a daughter was born to her and thereafter the respondent left the area. Her evidence was supported by PW-3, a 70 years old man, unrelated to the petitioner who had no reason to tell lie. Moreover, the husband managed to escape. He never appeared either at the trial court or before this Court to discharge his burden. It was not unknown to him that legal proceedings were initiated by his wife against him because he was arrested in one of the cases instituted by his petitioner wife.

[16] A bare perusal of section 119 of the Evidence Act would show that a deaf and dumb witness who is unable to speak may give his evidence in any other manner intelligible to the court. It may be by writing or by signs in open court. It is evident that the mother [PW-2] and her petitioner daughter [PW-1] came to the court on the same day for giving deposition in the case. It also appears from the record that the petitioner was a literate person. She was able to read and write. Therefore, in case of any doubt, the court could have asked her to communicate her words in writing. The court could have also cleared its doubts from the mother of the petitioner by putting the questions to her in exercise of its power under section 165 of the Evidence Act. Without taking recourse to such means, the Family Court rejected the petition declining to grant maintenance allowance to the petitioner and her daughter which is unacceptable.

Pritilata Majumder Vs Krishnapada Majumder on 23 Apr 2021

Citations :

Other Sources :

https://indiankanoon.org/doc/50658253/

Posted in High Court of Tripura Judgment or Order or Notification | Tagged 1-Judge Bench Decision CrPC 125 or BNSS 144 - Order for Maintenance of Wives Children and Parents Dwarika Prasad Satpathy Vs Bidyut Prava Dixit and Anr Evidence Act 119 - Dumb Witnesses Pritilata Majumder Vs Krishnapada Majumder | Leave a comment

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RSS Cloudflare Status

  • BGW (Baghdad) on 2025-07-03 July 3, 2025
    THIS IS A SCHEDULED EVENT Jul 3, 03:00 - 05:30 UTCJun 12, 23:01 UTCScheduled - We will be performing scheduled maintenance in BGW (Baghdad) datacenter on 2025-07-03 between 03:00 and 05:30 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 end-users […]
  • NJF (Najaf) on 2025-07-03 July 3, 2025
    THIS IS A SCHEDULED EVENT Jul 3, 03:00 - 05:30 UTCJun 12, 23:01 UTCScheduled - We will be performing scheduled maintenance in NJF (Najaf) datacenter on 2025-07-03 between 03:00 and 05:30 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 end-users […]
  • BSR (Basra) on 2025-07-03 July 3, 2025
    THIS IS A SCHEDULED EVENT Jul 3, 03:00 - 05:30 UTCJun 12, 23:01 UTCScheduled - We will be performing scheduled maintenance in BSR (Basra) datacenter on 2025-07-03 between 03:00 and 05:30 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 end-users […]

RSS List of Spam Server IPs from Project Honeypot

  • 212.57.126.100 | SD June 23, 2025
    Event: Bad Event | Total: 51 | First: 2025-06-23 | Last: 2025-06-23
  • 180.178.47.195 | SD June 23, 2025
    Event: Bad Event | Total: 120 | First: 2025-05-17 | Last: 2025-06-23
  • 162.248.100.196 | S June 23, 2025
    Event: Bad Event | Total: 78 | First: 2025-03-02 | Last: 2025-06-23
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