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Shades of Knife

True Colors of a Vile Wife

Author: ShadesOfKnife

MS Knit Pro International Vs State of NCT Delhi and Anr on 20 May 2022

Posted on May 23 by ShadesOfKnife

Supreme Court referred to the Part II of the First Schedule of the Cr.P.C. to decide if a penal provision in any law is a cognizable or non-cognizable offence.

5.1 The short question which is posed for consideration before this Court is, whether, the offence under Section 63 of the Copyright Act is a cognizable offence as considered by the Trial Court or a non-cognizable offence as observed and held by the High Court.
5.2 While answering the aforesaid question Section 63 of the Copyright Act and Part II of the First Schedule of the Cr.P.C. are required to be referred to.
5.3 Thus, for the offence under Section 63 of the Copyright Act, the punishment provided is imprisonment for a term which shall not be less than six months but which may extend to three years and with fine. Therefore, the maximum punishment which can be imposed would be three years. Therefore, the learned Magistrate may sentence the accused for a period of three years also. In that view of the matter considering Part II of the First Schedule of the Cr.P.C., if the offence is punishable with imprisonment for three years and onwards but not more than seven years the offence is acognizable offence. Only in a case where the offence is punishable for imprisonment for less than three years or with fine only the offence can be said to be non-cognizable. In view of the above clear position of law, the decision in the case of Rakesh Kumar Paul (supra) relied upon by learned counsel appearing on behalf of respondent no.2 shall not be applicable to the facts of the case on hand. The language of the provision in Part II of First Schedule is very clear and there is no ambiguity whatsoever.

MS Knit Pro International Vs State of NCT Delhi and Anr on 20 May 2022

Citations :

Other Sources :

 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Landmark Case Legal Procedure Explained - Interpretation of Statutes MS Knit Pro International Vs State of NCT Delhi and Anr Reportable Judgement or Order Work-In-Progress Article | Leave a comment

Prabha Tyagi Vs Kamlesh Devi on 12 May 2022

Posted on May 20 by ShadesOfKnife

 

Prabha Tyagi Vs Kamlesh Devi on 12 May 2022

Citations :

Other Sources :

https://indiankanoon.org/doc/85317640/

https://www.casemine.com/judgement/in/627eb23ab50db90fd1943198

https://www.indianemployees.com/judgments/details/prabha-tyagi-vs-kamlesh-devi

Right to residence under DV Act not restricted to actual residence; Domestic relationship not necessary to be subsisting at the time of filing of application: SC 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Catena of Landmark Judgments Landmark Case Legal Procedure Explained - Interpretation of Statutes Prabha Tyagi Vs Kamlesh Devi PWDV Act Sec 17 - Right to reside in a shared household Reportable Judgement or Order Work-In-Progress Article | Leave a comment

Doongar Singh and Ors Vs The State Of Rajasthan on 28 Nov 2017

Posted on May 20 by ShadesOfKnife

A division bench of Supreme Court passed the following guidelines…

13. To conclude:
(i) The trial courts must carry out the mandate of Section 309 of the Cr.P.C. as reiterated in judgments of this Court, inter alia, in State of U.P. versus Shambhu Nath Singh and Others, Mohd. Khalid versus State of W.B. and Vinod Kumar versus State of Punjab.
(ii) The eye-witnesses must be examined by the prosecution as soon as possible.
(iii) Statements of eye-witnesses should invariably be recorded under Section 164 of the Cr.P.C. as per procedure prescribed thereunder.

Doongar Singh and Ors Vs The State Of Rajasthan on 28 Nov 2017

Citations : [2017 SCC ONLINE SC 1391], [2017 SCALE 13 752], [2018 SCC 13 741], [2019 SCC CRI 1 410], [2017 CTC 6 883], [2018 KLT 1 629], [2018 AIC 183 5], [2018 ECRN 1 667], [2017 AIR SC SUPP 328]

Other Sources :

https://indiankanoon.org/doc/99075271/

https://www.casemine.com/judgement/in/5a261fe74a9326744f39e37e

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Article 21 - Protection of life and personal liberty CrPC 164 - Recording of Confessions and Statements CrPC 309 - Power to Postpone or Adjourn Proceedings Doongar Singh and Ors Vs The State Of Rajasthan Landmark Case Recommended Guidelines or Directions Reportable Judgement or Order | Leave a comment

Anurag Saxena Vs Union of India on 17 May 2022

Posted on May 19 by ShadesOfKnife

The Full Bench of Apex Court dismissed this frivolous PIL with Costs. The petitioners are practicing advocates at Apex Court!

The petitioners, who are practicing lawyers of this Court, have filed the present petition seeking several reliefs, including a direction to allow the vehicles to run till the end of their registered life in both diesel and petrol variants.
Before the petitioner in person – Mr.Anurag Saxena commenced his arguments, we forewarned him that the reliefs claimed by him are contrary to the orders passed by this Court as well as the National Green Tribunal. The petitioner in person insisted that he had a good case and he would convince the Court if he is granted 8 minutes time. We again forewarned him that we will permit him to do so, but in the event, if we find that the petition is without substance, we will saddle a cost of rupees one lakh per minute, that is, 8 lakhs. He, however, insisted on arguing the matter.
We uninterruptedly permitted Mr.Saxena to argue the matter for 8 minutes.
We find that the present petition is nothing but an abuse of process of law. At least a lawyer practicing before this Court is expected to know that a
petition under Article 32 of the Constitution of India, cannot be filed to seek any reliefs which are contrary to the orders passed by this Court. In spite of the forewarning, the petitioner in person continued to argue the matter. We therefore, passed an order dismissing the petition.
Mr. Saxena did not even stop after we passed the order dismissing the petition. He still continued with his endeavour to argue the impossible.
We could have very well imposed the cost of rupees 8 lakhs while dismissing the petition, which we indicated at the beginning of the hearing. However, we do not propose to be harsh to an ill-advised parties in person who fortunately or unfortunately are lawyers. We are therefore, inclined to take a lenient view of the matter.
We dismiss the Special Leave Petition with costs which are quantified at Rs.50,000/- The same may be paid to the Supreme Court Legal Services Committee within a period of two weeks from today.
However, before closing, we warn the petitioners that if they indulge into such sort of misadventurism hereinafter, the Court would be required to take a stern view of the matter. 

Anurag Saxena Vs Union of India on 17 May 2022
Posted in Supreme Court of India Judgment or Order or Notification | Tagged 3-Judge (Full) Bench Decision Advocate Antics Anurag Saxena Vs Union of India Dismissed with Costs PIL - Frivoluos | Leave a comment

Sumer Singh Salkan Vs Asstt Director and Ors on 11 Aug 2010

Posted on May 15 by ShadesOfKnife

Hon’ble Delhi High Court had issued certain guidelines to be followed for issuing Look Out Circulars.

 

Sumer Singh Salkan Vs Asstt Director and Ors on 11 Aug 2010

Citations :

Other Sources :

 

Posted in High Court of Delhi Judgment or Order or Notification | Tagged 1-Judge Bench Decision Justice Shiv Narayan Dhingra Reportable Judgement or Order Sumer Singh Salkan Vs Asstt Director and Ors | Leave a comment

Are State Bar Councils Statutorily empowered to Levy Fees for Gaps in academics during Enrollment?

Posted on May 15 by ShadesOfKnife

Goal: To question the legal basis for Bar Council of AP to charge fees for any gaps in academics of a LL.B Graduate during Advocate enrollment process, apart from taking an affidavit to that effect.


During my enrollment process, Bar Council of Andhra Pradesh (BC-AP) had asked me to pay Rs.7000/- towards 10+ years of gap between my last graduation and LL.B degree. Since I did not believe then that BC-AP (no State Bar Council, for that matter!) never had any statutory power to levy and collect such fees, I paid the said fees duly through SBI Bank challan. My enrollment finished successfully with BC-AP on 17 March 2022 and I became an advocate enrolled with BC-AP (AP/646/2022)… Yippeee!!!

But later, I noticed from other friends who enrolled with Other State Bar Councils, that they were NOT charges any fees for gap. This led me to dig deeper and to my astonishment, yes, indeed, no State Bar Council has any statutory power to levy any fees other than that is prescribed in Advocates Act 1961. This decision from Kerala High Court nailed it here (WP before single bench) and here (appeal to Division Bench). The icing on the cake is Hon’ble Supreme Court dismissed the SLPs with a 1-liner here. Armed with this information, I decided to challenge BC-AP on this aspect and recover my fees from them.


Steps Taken:

  1. Filed a 1-page Representation to BC-AP
  2. Filed a 1-page RTI application to BC-AP
  3. To file a WP against BC-AP and make BCI as respondent no.2

 


Index of my life goals here.

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged PIL - Are State Bar Councils Statutorily empowered to Levy Fees for Gaps in academics during Enrollment? | Leave a comment

Parekh Jaisalkumar Vinodbhai Vs State of Gujarat on 29 Apr 2022

Posted on May 12 by ShadesOfKnife

A Division bench of Gujarat High Court levied costs of 10000 on the delusioned wife who doesn’t want to cohabit with her husband because of different sub-castes, after living with him for 4 years. Most probably, a case of illegal affair taking shape here!

From paras 2 to 4,

2. Today when she is called, she has chosen not to change her mind. She reiteratively stated that the petitioner has no fault, she has no complaint against him, however, she does not want to continue this relationship and she is completely guided by her parents in her decision. She is no wrong in being influenced and guided by the parents in this matter although, they had courtship for about four years.
3. We find it extremely unfortunate that the educated couple needs to end the relationship in such a fashion just because there is a strong resistance on the part of the parents and taken in exert this kind of influence. We could notice that the petitioner inconsolably cried & is desolated because of this decision, however, it is for the parties to respectively chose their own forum for their respective rights. We have no answer for certain unfairness in the relationship.
4. We were unable to fathom anything from the repeated queries raised by us as to why she has chosen not to continue this relationship. The petitioner with all his hopes, aspirations and dreams had approached this Court and when he has met this destiny of his, we are of the firm opinion that that this is on account of unreasonable premise and unsubstantiated reason, we are constrained to award the cost of Rs.10,000/- (Rupees Ten Thousand Only) to the petitioner from the private respondent, to be paid within a period of four weeks from the date of receipt of a copy of this order. If not paid within a stipulated time period, consequences shall follow.

Parekh Jaisalkumar Vinodbhai Vs State of Gujarat on 29 Apr 2022

Citations :

Other Sources :

 

Posted in High Court of Gujarat Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Costs Awarded Parekh Jaisalkumar Vinodbhai Vs State of Gujarat | Leave a comment

Kamla Sharma and Ors Vs Sukhdevlal and Ors on 18 Apr 2022

Posted on May 3 by ShadesOfKnife

A single judge bench of Madhya Pradesh High Court at Gwalior held that, a false Statement which doesn’t affect the outcome of case can’t invoke 340 CrPC proceedings.

Kamla Sharma and Ors Vs Sukhdevlal and Ors on 18 Apr 2022

Citations :

Other Sources :

 

Posted in High Court of Madhya Pradesh Judgment or Order or Notification | Tagged 1-Judge Bench Decision CrPC 340 - Dismissed/Rejected Kamla Sharma and Ors Vs Sukhdevlal and Ors Legal Procedure Explained - Interpretation of Statutes Perjury Under 340 CrPC Reportable Judgement or Order | Leave a comment

Jagannath Verma and Ors Vs State of UP and Anr on 23 Sep 2014

Posted on May 1 by ShadesOfKnife

A Full bench of Allahabad High Court held that, an order of the magistrate rejecting an application under Section 156 (3) of the Code for the registration of a case by the police and for investigation is not an interlocutory order. Such an order is amenable to the remedy of a criminal revision under Section 397′

In view of the discussion above and for the reasons which we have furnished, we have come to the following conclusion:
(i) Before the Full Bench of this Court in Father Thomas, the controversy was whether a direction to the police to register a First Information Report in regard to a case involving a cognizable offence and for investigation is open to revision at the instance of a person suspected of having committed a crime against whom neither cognizance has been taken nor any process issued. Such an order was held to be interlocutory in nature and, therefore, to attract the bar under sub-section (2) of Section 397. The decision in Father Thomas does not decide the issue as to whether the rejection of an application under Section 156 (3) would be amenable to a revision under Section 397 by the complainant or the informant whose application has
been rejected;
(ii) An order of the magistrate rejecting an application under Section 156 (3) of the Code for the registration of a case by the police and for investigation is not an interlocutory order. Such an order is amenable to the remedy of a criminal revision under Section 397; and
(iii) In proceedings in revision under Section 397, the prospective accused or, as the case may be, the person who is suspected of having committed the crime is entitled to an opportunity of being heard before a decision is taken in the criminal revision.

Jagannath Verma and Ors Vs State of UP and Anr on 23 Sep 2014

Citations : [2015 ALLMR CRI 129], [2014 JIC 3 930], [2015 ALLCC 88 1], [2014 UPLBEC 4 2665], [2014 KLT SN 4 109], [2014 CTC 6 353], [2014 AIR ALL 214], [2014 ADJ 8 439], [2015 CCR ALL 2 59], [2015 RCR CRIMINAL 1 414], [2014 SCC ONLINE ALL 11859], [2014 MWN CRI 3 161], [2014 ALL LJ 6 405]

Other Sources :

https://indiankanoon.org/doc/128706736/

https://www.casemine.com/judgement/in/56b49301607dba348f003b58

Posted in High Court of Allahabad Judgment or Order or Notification | Tagged 3-Judge (Full) Bench Decision Catena of Landmark Judgments CrPC 156 - Police Officer's Power to Investigate Cognizable Case CrPC 156(3) - Any Magistrate Empowered u/s 190 May Order Such an Investigation as above-mentioned Jagannath Verma and Ors Vs State of UP and Anr Landmark Case Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order | Leave a comment

Ramkripal Charmakar Vs State of Madhya Pradesh on 19 Mar 2007

Posted on May 1 by ShadesOfKnife

Apex Court explained about offence of rape and the necessary ingredients to make out a case u/s 376 IPC.

Coming to the question as to whether Section 354 of the Act has any application, it is to be noted that the provision makes penal the assault or use of criminal force to a woman to outrage her modesty. The essential ingredients of offence under Section 354 IPC are:
(a) That the assault must be on a woman.
(b) That the accused must have used criminal force on her.
(c) That the criminal force must have been used on the woman intending thereby to outrage her modesty.
What constitutes an outrage to female modesty is nowhere defined in IPC. The essence of a woman’s modesty is her sex. The culpable intention of the accused is the crux of the matter. The reaction of the woman is very relevant, but its absence is not always decisive. Modesty in this Section is an attribute associated with female human beings as a class. It is a virtue which attaches to a female owing to her sex. The act of pulling a woman, removing her saree, coupled with a request for sexual intercourse, is such as would be an outrage to the modesty of a woman; and knowledge, that modesty is likely to be outraged, is sufficient to constitute the offence without any deliberate intention having such outrage alone for its object. As indicated above, the word ’modesty’ is not defined in IPC. The Shorter Oxford Dictionary (Third Edn.) defines the word ’modesty’ in relation to woman as follows:
“Decorous in manner and conduct; not forward or lower; Shame-fast; Scrupulously chast.”
Modesty is defined as the quality of being modest;and in relation to woman, “womanly propriety of behaviour; scrupulous chastity of thought, speech and conduct.” It is the reserve or sense of shame proceeding from instinctive aversion to impure or coarse suggestions. As observed by Justice Patterson in Rex v. James Llyod (1876) 7 C&P 817 in order to find the accused guilty of an assault with intent to commit a rape, court must be satisfied that the accused, when he laid hold of the prosecutrix, not only desired to gratify his passions upon her person but that he intended to do so at all events, and notwithstanding any resistance on her part. The point of distinction between an offence of attempt to commit rape
and to commit indecent assault is that there should be some action on the part of the accused which would show that he was just going to have sexual connection with her.

And finally,

A culprit first intends to commit the offence, then makes preparation for committing it and thereafter attempts to commit the offence. If the attempt succeeds, he has committed the offence; if he fails due to reasons beyond his control, he is said to have attempted to commit the offence. Attempt to commit an offence can be said to begin when the preparations are complete and the culprit commences to do something with the intention of committing the offence and which is a step towards the commission of the offence. The moment he commences to do an act with the necessary intention, he commences his attempt to commit the offence. The word ’attempt’ is not itself defined, and must, therefore, be taken in its ordinary meaning. This is exactly what the provisions of Section 511 require. An attempt to commit a crime is to be distinguished from an intention to commit it; and from preparation made for its commission. Mere intention to commit an offence, not followed by any act, cannot constitute an offence. The will is not to be taken for the deed unless there be some external act which shows that progress has been made in the direction of it, or towards maturing and effecting it. Intention is the direction of conduct towards the object chosen upon considering the motives which suggest the choice. Preparation consists in devising or arranging the means or measures necessary for the commission of the offence. It differs widely from attempt which is the direct movement towards the commission after preparations are made. Preparation to commit an offence is punishable only when the preparation is to commit offences under Section 122 (waging war against the Government of India) and Section 399 (preparation to commit dacoity). The dividing line between a mere preparation and an attempt is sometimes thin and has to be decided on the facts of each case. There is a greater degree of determination in attempt as compared with preparation.
An attempt to commit an offence is an act, or a series of acts, which leads inevitably to the commission of the offence, unless something, which the doer of the act neither foresaw nor intended, happens to prevent this. An attempt may be described to be an act done in part execution of a criminal design, amounting to more than mere preparation, but falling short of actual consummation, and, possessing, except for failure to consummate, all the elements of the substantive crime. In other words, an attempt consists in it the intent to commit a crime, falling short of, its actual commission or consummation/completion. It may consequently be defined as that which if not prevented would have resulted in the full consummation of the act attempted. The illustrations given in Section 511 clearly show the legislative intention to make a difference between the cases of a mere preparation and an attempt.
The sine qua non of the offence of rape is penetration, and not ejaculation. Ejaculation without penetration constitutes an attempt to commit rape and not actual rape. Definition of “rape” as contained in Section 375 IPC refers to “sexual intercourse” and the Explanation appended to the Section provides that penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape. Intercourse means sexual connection. In the instant case that connection has been clearly established. Courts below were perfectly justified in their view.

Ramkripal Charmakar Vs State of Madhya Pradesh on 19 Mar 2007

Citations : [2007 SCC 11 265], [2007 AIR SC 0 2198], [2007 ALD CRI 2 940], [2007 ALT CRI 3 135], [2007 JT 4 393], [2007 SCALE 4 438], [2007 SUPREME 5 297], [2007 AIR JHAR R 2 905], [2007 OLR 1 803], [2007 CRLR 308], [2007 RCR CRI 2 390], [2007 DLT CRI 2 108], [2007 SLT 3 726], [2007 AIOL 306], [2007 AIR SC 49], [2007 BOMCR CRI SC 1 200], [2008 SCC CRI 1 674], [2007 SCR 4 125], [2007 AIC SC 54 131], [2007 CRIMES SC 3 115], [2007 AIR SCW 2198], [2008 MLJ CRL 1 172], [2007 CRLJ SC 2302]

Other Sources :

https://indiankanoon.org/doc/1308370/

https://www.casemine.com/judgement/in/5609ae60e4b0149711413a7a

https://www.indianconstitution.in/2021/12/ramkripal-so-shyamlal-charmakar-vs.html

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Catena of Landmark Judgments IPC 354 - Assault of criminal force to woman with intent to outrage her modesty IPC 376 - Punishment for rape Landmark Case Legal Procedure Explained - Interpretation of Statutes Ramkripal Charmakar Vs State of Madhya Pradesh Reportable Judgement or Order | Leave a comment

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