Sandeep Pamarati Vs State of AP and Anr on 29 Sep 2022 (Disposal of DVC in 60 days)

Posted on September 29, 2022 by ShadesOfKnife

So as per revised strategy here, I filed the Crl.P. at AP High Court seeking quash of DVC (i know DVC won’t be quashed on the ground of induced delay) or alternatively order for early disposal as per Sec 12(5) of PWDV Act 2005. This is listed for Cause list Motion Hearing before Court-19 Justice Ninala Jayasurya at Serial No.29 for 29-Sep-2022. Once this is decided (hopefully at admission stage itself), the WP(PIL) will be filed with 15 Respondents.

The copy of the Petition is here.

2022-09-22 Quash or Speedy Trail in my DVC v0.6

2022-09-29

I got a wonderful audience before the Hon’ble Justice Ninala Jayasurya for about 5 mins. I spoke about

my role in the HC case and the trial court case
what was the stage of the trail court case
how the dvc complainant absented herself from Feb 2020 and her counsel absented himself from Dec 2021 in the case
stated the time limit mandated in the law and the actual elapsed time in the dvc
prayed from quash of dvc due to abuse of process of law and in the alternative, pass directions for time-bound disposal of dvc

The Hon’ble Justice Ninala Jayasurya heard me patiently and asked the PP if any objections. PP politely said they are only seeking early disposal and there is no objection to the same. Judge then asked me is early disposal okay and I said, yes your honour and then he asked me is 3 months okay, i answered in affirmative. The Judge proceeded to dictate the order. Ufffffffffff!

2022-10-01

Here is the order online. So very happy with the findings and reasonings given in the order. Seems I made a good argument before the High Court judge with proper supporting material papers… Learnt some very important lessons in the way…

Sandeep Bhavan Pamarati Vs State of AP and Anr on 29 Sep 2022

Now, to shoot the PIL on the endless delays in disposal of DV cases in the State of AP… Now, head back here.

Bar Council of India Vs Bonnie Foi Law College and Ors

Posted on September 24, 2022 by ShadesOfKnife

A constitution bench of Apex Court decided the fate of AIBE exam (SLP(C)No.22337/2008)…

Bar Council of India Vs Bonnie Foi Law College and Ors on 20 Sep 2022

2022-Sep-27

Here is the causelist for 27 Sep 2022 and 28 Sep 2022

2022-09-27 Court-3 Constitution Bench

And here is the Order passed on 27-Sep-2022, saying Part-Heard.

2022-09-27 Bar Council of India Vs Bonnie Foi Law College and Ors on 27 Sep 2022

2022-Sep-28

Arguments heard. Hearing Concluded. Judgment reserved.

2022-09-28 Bar Council of India Vs Bonnie Foi Law College and Ors on 28 Sep 2022

2023-Feb-10

After around 3 months, the pronouncement of the judgment happened today. The highlights from the judgment are:

From Para 14,

d. Currently, any person who is provisionally enrolled is allowed to practice for two years, but is allowed to take the All India Bar Examination not just for those two years but for any number of times till he passes the All India Bar Examination. The date of reckoning seniority of the candidate is from the date of the provisional enrolment. However, it was submitted that unlimited number of attempts would not be in line with the scheme proposed by this Court and must be limited to any number that this Court deems fit.

From Para 30,

30. We are unable to agree with the reasoning in V. Sudeer24 that because the State Bar Councils’ power for providing training or for holding examination was taken away by the 1973 Amendment, it ipso facto amounts to taking away such powers if they so vested with the Bar Council of India.The legislative object was clear i.e. not to confer such powers on the State Bar Councils. However, that could not affect the position of the power of the Bar Council of India, and naturally such a power existed. If the Bar Council of India never had such a power, then the same could not be read by implication. But, if the Bar Council of India had sufficient powers, then the 1973 Amendment would not take away those powers of the Bar Council of India as the said amendment did not deal with the aspect of the powers of the Bar Council of India.

From Para 31,

31. In addition, the learned Judges in V. Sudeer25 opined that if such a power has to be conferred, it should be conferred legislatively. While in principle, there can be no disagreement with the broad proposition, the issue is whether such a power is already existing with the Bar Council of India
under the statutory provisions. The functions of the Bar Council of India, as specified under Section 7, inter alia prescribe an exercise of general supervision and control over the State Bar Councils under Clause (g) of Sub-Section (1) of Section 7. Further, under Sub-Clause (l), the Bar Council of India has the power to perform all other functions conferred on it by or under the said Act and under Clause (m) to do all other things necessary for discharging the aforesaid functions. The powers are, thus, wide and extensive as conferred by the legislature. Thus, when under Section 24(1), the Bar Council of India has the statutory power of prescribing Rules subject to which a person may be treated as qualified to be admitted as an Advocate in the State roll, then we believe that the Bar Council of India is not devoid of its jurisdiction in undertaking a pre-enrolment training course or examination prescribed by the Bar Council of India.

From Para 32,

32. In case of any subsisting doubt, we must refer to Section 49(1)(ag) of the said Act, which while dealing with the general powers of the Bar Council of India to make rules, specifically stipulates that the class orcategory of person entitled to be enrolled as advocates, is an aspect for which all powers have been conferred on the Bar Council of India. Thus, the provision for an examination for enrolment of advocates by the Bar Council of India can hardly be doubted. We had specified at the inception itself that quality control of entry into the Bar is the need of the hour.

From Paras 33 and 35,

33. The objective of the legislature while giving wide powers to the Bar Council of India under Section 49, which gives it the powers to make Rules, read with Section 24(3)(d), which gives it the powers to prescribe the norms for entitlement to be enrolled as an Advocate under the Rules of the Bar Council of India, leads us to the conclusion that these are adequate powers with the Bar Council of India under the said Act to provide such norms and Rules.
34. We are, thus, of the view that while considering the questions referred to us, the only conclusion which can be laid is that the interdict placed by the judgment of this Court in V. Sudeer26 on the powers of the Bar Council of India cannot be sustained and we cannot hold that V. Sudeer27 lays down the correct position of law.

Bar Council of India Vs Bonnie Foi Law College and Ors on 10 Feb 2023 (FULL)

Citations:

Other Sources:

Bar Council of India Vs Twinkle Rahul Mangaonkar and Ors on 02 Aug 2022

Posted on September 24, 2022 by ShadesOfKnife

A Full bench of Apex Court held as follows:

In respect of the aforesaid, it is clarified for the benefit of the parties with consent that the procedure to be followed by the Bar Council of India would be that persons who are in jobs and are desirous of taking the examination, will in advance inform the Bar Council of the factum of their employment and on being successful in the examination, an undertaking would be required that within six months they will take a call whether to resign or join the profession or they will still continue to work in their respective jobs, in which case, they would on a subsequent date being so desirous of joining the profession require to take the examination afresh and in case of resignation give proof thereof.

Bar Council of India Vs Twinkle Rahul Mangaonkar and Ors on 02 Aug 2022

This is a connected matter to the Bar Council of India Vs Bonnie Foi Law College and Ors matter (pending from 2008)

A.C.Narayanan Vs State of Maharashtra and Anr on 13 Sep 2013

Posted on September 15, 2022 by ShadesOfKnife

A Full Bench of the Apex Court held as follows regarding a query, whether a PoA Holder can file a complaint u/s 200 CrPC in a NI Act case.

From Para 26,

26) While holding that there is no serious conflict between the decisions in MMTC (supra) and Janki Vashdeo Bhojwani (supra), we clarify the position and answer the questions in the following manner:
(i) Filing of complaint petition under Section 138 of N.I Act through power of attorney is perfectly legal and competent.
(ii) The Power of Attorney holder can depose and verify on oath before the Court in order to prove the contents of the complaint.
However, the power of attorney holder must have witnessed the transaction as an agent of the payee/holder in due course or possess due knowledge regarding the said transactions.
(iii) It is required by the complainant to make specific assertion as to the knowledge of the power of attorney holder in the said transaction explicitly in the complaint and the power of attorney holder who has no knowledge regarding the transactions cannot be examined as a witness in the case.
(iv) In the light of section 145 of N.I Act, it is open to the Magistrate to rely upon the verification in the form of affidavit filed by the complainant in support of the complaint under Section 138 of the N.I Act and the Magistrate is neither mandatorily obliged to call upon the complainant to remain present before the Court, nor to examine the complainant of his witness upon oath for taking the decision whether or not to issue process on the complaint under Section 138 of the N.I. Act.
(v) The functions under the general power of attorney cannot be delegated to another person without specific clause permitting the same in the power of attorney. Nevertheless, the general power of attorney itself can be cancelled and be given to another person.

A.C.Narayanan Vs State of Maharashtra and Anr on 13 Sep 2013

Citations: [2014 ALT CRL AP 1 44], [2013 SCALE 11 360], [2013 KERLT 4 21], [2014 AIR SC 630], [2014 CALLT SC 1 53], [2014 PLJR 1 216], [2013 OLR 2 884], [2013 BC 4 212], [2013 CTC 5 560], [2014 SCC 11 790], [2013 CLA SC 117 4], [2013 COMPCAS SC 180 258], [2014 AKR 1 314], [2013 KLJ 4 279], [2014 LW 1 698], [2013 PLR 4 733], [2013 NCC 2 854], [2014 ALD CRL SC 1 649], [2013 KHC 3 885], [2013 WLN SC 4 25], [2013 ALLCC 83 583], [2014 LW CRL 1 154], [2014 SCC CIV 4 343], [2013 SUPREME 6 705], [2014 CRLJ SC 576], [2013 AIOL 611], [2013 JT 12 524], [2013 SLT 8 133], [2014 DCR SC 1 135], [2013 SCC ONLINE SC 839], [2013 AIC 131 160], [2014 ECRN 1 486], [2013 BOMCR CRI SC 4 307], [2013 JCC NI SC 4 214], [2013 RCR CIVIL SC 4 382], [2014 JLJR SC 1 48], [2013 BOMCR SC 6 424], [2013 RCR CRIMINAL SC 4 306], [2013 ALLMR CRI SC 4048], [2013 MLJ CRL 4 213]

Other Sources:

https://indiankanoon.org/doc/47858029/

https://www.casemine.com/judgement/in/5609af2ae4b0149711415b31

https://www.legalauthority.in/judgement/a-c-narayanan-vs-state-of-maharashtra-4779

Nahida Rishad Cooper Vs Ali Daruwala and Ors on 25 Feb 2022

Posted on September 13, 2022 by ShadesOfKnife

A single judge of a Sessions Court in Mumbai held as follows:

From Para 5,

5] Perusal of the application under Section 12 of the D. V. Act filed by the applicant has several references to the alleged domestic violence committed by the respondent No. 1. It is not in dispute that he resides separately and not with the appellant or the respondent No. 1. The learned Metropolitan Magistrate in his impugned order has observed that since the respondent No. 1 never resided with the appellant in any shared household he cannot be considered to be the respondent as defined by Section 2 (q) of the D. V. Act. He, therefore, omitted him from the array of the respondents in the main application.

From Para 6,

6] Such an observation of the learned Metropolitan Magistrate however, is wholly misplaced. It is for the simple reason that the proviso to Section 2 (q) of the D. V. Act makes it very clear that an aggrieved wife can also file a complaint against a relative of the husband. The Act nowhere mandates that an aggrieved person can seek relief only against the persons who have shared household with her. Had that been so, it would have been very convenient to cause violence or any other trouble to the aggrieved person through the relatives not sharing the same household and yet remained out of the clutches of the D. V. Act. Rather, holding that any relative of the husband if not sharing or shared the same household cannot be a respondent would amount to giving licence to those relatives to commit violence to the aggrieved person and thereby rendering the very Act meaningless. That just cannot be and certainly was not the intention while enacting the said statute. As observed earlier, there are sufficient references to show that the respondent No. 1 was also a party to the domestic violence committed to the appellant. As such, the proceedings against him was certainly tenable. The learned Metropolitan Magistrate was obviously wrong in holding that the respondent No. 1 since not shared the household with the appellant could not be a respondent as defined by Section 2 (q) of the D. V. Act. Consequently, the impugned order cannot sustain.

Nahida Rishad Cooper Vs Ali Daruwala and Ors on 25 Feb 2022

Index of DV Cases here.

Maya and Ors Vs State of U.P. and Ors on 19 Mar 2021

Posted on September 12, 2022 by ShadesOfKnife

A Single judge of Allahabad High Court held as follows,

Learned counsel for the petitioners submits that the petition under Section 12 of the Domestic Violence Act was filed by the petitioners way back on
16.07.2016 and despite the opposite party nos.2 to 8 have been served, the petition is still pending before the court below and the same has not been
decided as provided under Section 12(5) of the Domestic Violence Act. While drawing the attention of this Court towards the order-sheet of the case, it has been submitted that now the case is pending for cross examination of the prosecution witness no.3.
Learned A.G.A. would have no objection to the prayer of the petitioners as it is otherwise the mandate of law to dispose of the cases pertaining to the Domestic Violence Act at the earliest.
Having heard learned counsel for the parties, perused the record and having regard the nature of order proposed to be passed, issuance of notice to the opposite party nos.2 to 8 is dispensed with.
Having regard to the provisions under Section 12(5) of the Domestic Violence Act, the petition is disposed of with the direction to the learned Judicial Magistrate-I, Lucknow to make all endeavors to decide the above-mentioned complaint case within two months from the date of production of a certified copy of this order, without granting soft adjournments to either of the parties, in accordance with law.

Maya and Ors Vs State of U.P. and Ors on 19 Mar 2021

Other Sources:

https://indiankanoon.org/doc/51997103/

Connects to a PIL here.

Suyalaly and Anr Vs Alphin Jeyasingh and Ors on 29 Nov 2021

Posted on September 12, 2022 by ShadesOfKnife

A Single judge of Madras High Court held as follows,

From Paras 4 and 5,

4. The complaint has been filed under the provisions of the Protection of Women from Domestic Violence Act, 2005. The learned counsel appearing for the petitioners draws my attention to Section 12(5) of the Act which states that the Magistrate shall endeavour to dispose of every application made under sub-section (1) within a period of sixty days from the date of its first hearing.

5. In this case, the complaint was filed way back in the year 2019. Keeping the petition pending for more than two years is not an acceptable state of affairs. The learned trial Magistrate is directed to dispose of D.V.C.No.11 of 2019 on merits and in accordance with law within a period of two months from the date of receipt of a copy of this order.

Suyalaly and Anr Vs Alphin Jeyasingh and Ors on 29 Nov 2021

Other Sources:

Connects to a PIL here.

Tillottama Kumari Vs State of Bihar and Ors on 16 May 2019

Posted on September 12, 2022 by ShadesOfKnife

A Single judge of Patna High Court held as follows,

In my previous order dated 10.04.2019 while calling for a report from the learned Sub-Divisional Judicial Magistrate, Katihar as to why any effective order has not been passed till date despite hearing the case on behalf of the parties on several dates, I had already indicated that the Protection of Women fromDomestic Violence Act, 2005 (for short ‘the Act’) has been enacted by the Parliament to provide more effective protection of the rights of women guaranteed under the Constitution.
Section 12(5) of the Act provides that the Magistrate shall endeavour to dispose of every application made under subsection (1) within a period of sixty days from the date of its firsthearing. Under the circumstances, keeping the matter pending for over two years is wholly unjustified.
In that view of the matter, I direct the learned Sub-Divisional Judicial Magistrate, Katihar to dispose of the complaint in accordance with law as early as possible preferably within six weeks from the date of receipt/production of a copy of the order.

Tillottama Kumari Vs State of Bihar and Ors on 16 May 2019

Other Sources:

https://indiankanoon.org/doc/82362334/

Connects to a PIL here.

Mrugesh Wasnik Vs Shweta Mrugesh on 22 Jun 2022

Posted on September 12, 2022 by ShadesOfKnife

A Single judge of Bombay High Court held as follows,

From Para 5, (some one tried hard to help the knife just so that she can reap the benefit of interim reliefs!)

5. Section 12(5) of the D.V. Act casts the obligation on the Magistrate to make every endevour to dispose of the application within a period of 60 days from the date of first hearing. The record itself speaks that in disregard to the statutory mandate, the Magistrate has adjourned the Matter for no reason. It is informed that the Magistrate has already passed the order of interim maintenance which is prevailing till date. It is submitted that the non-applicant/wife without prosecuting her main petition, is interested in deriving benefits of interim order.

From Para 6, why not?

6. Though it is prayed that the D.V. proceeding be dismissed for want of prosecution, however, the same course is not advisable. As on date, the non-applicant/ wife’s amendment application is on record which is to be responded. At this stage, only requirement is to issue certain directions to the Magistrate to expedite the proceeding. Certainly such direction would be in the interest of non-applicant/wife. The applicant/husband undertakes to file his reply to amendment application on the next date i.e. on 12.07.2022 itself.

From Para 7,

7. In view of above, learned Magistrate is directed to hear and decide the amendment application within one week from filing of reply and the non-applicant/wife shall file evidence-affidavit within one week thereafter. The Magistrate shall not grant adjournment to either of the parties barring exceptional situation. In any case, the Magistrate shall dispose of the D. V. Proceeding within three months from the date of filing of wife’s evidence-affidavit.

Mrugesh Wasnik Vs Shweta Mrugesh on 22 Jun 2022

Other Sources:

https://indiankanoon.org/doc/105650848/

Connects to a PIL here.

Vani Santhosh Babu Vs Vijaya Laxmi Vani on 3 Mar 2022

Posted on September 12, 2022 by ShadesOfKnife

A Single judge of Telangana High Court held as follows (while dismissing the petition),

From Para 6,

6. Therefore, this Court is not inclined to interfere with the impugned order. However, considering the fact that the DVC is of the year, 2018, learned IV Additional Junior Civil Judge-Cum-XII Additional Metropolitan Magistrate, Kukatpally, Cyberabad is directed to dispose of DVC.No.4 of 2018 in accordance with law, as expeditiously as possible preferably within 60 days from the date of receipt of a copy of this order.

Vani Santhosh Babu Vs Vijaya Laxmi Vani on 3 Mar 2022

Other Sources:

https://indiankanoon.org/doc/102447017/

Connects to a PIL here.

Shades of Knife

True Colors of a Vile Wife

Month: September 2022

Sandeep Pamarati Vs State of AP and Anr on 29 Sep 2022 (Disposal of DVC in 60 days)

Bar Council of India Vs Bonnie Foi Law College and Ors

Bar Council of India Vs Twinkle Rahul Mangaonkar and Ors on 02 Aug 2022

A.C.Narayanan Vs State of Maharashtra and Anr on 13 Sep 2013

Nahida Rishad Cooper Vs Ali Daruwala and Ors on 25 Feb 2022

Maya and Ors Vs State of U.P. and Ors on 19 Mar 2021

Suyalaly and Anr Vs Alphin Jeyasingh and Ors on 29 Nov 2021

Tillottama Kumari Vs State of Bihar and Ors on 16 May 2019

Mrugesh Wasnik Vs Shweta Mrugesh on 22 Jun 2022

Vani Santhosh Babu Vs Vijaya Laxmi Vani on 3 Mar 2022