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Shades of Knife

True Colors of a Vile Wife

Author: ShadesOfKnife

Union of India Vs R Thiyagarajan on 3 April 2020

Posted on April 6, 2020 by ShadesOfKnife

This Judgment by Justice Deepak Gupta from a 2-judge bench held in Para 18 that,

18. We also are of the view that the High Court exceeded its jurisdiction in matters like this. The High Court exercise its jurisdiction only over State(s) of which it is the High Court. It has no jurisdiction for the rest of the country. Matters like the present may be pending in various parts of the country. In the present case, matter had been decided by the Delhi High Court but some other High Court may or may not have taken different view. The High Court of Madras could not have passed such order. It has virtually usurped the jurisdiction of other High Courts in the country. It is true that sometimes this Court has ordered that all similarly situated employees may be granted similar relief but the High Court does not have the benefit of exercising the power under Article 142 of the Constitution. In any event, this Court exercises jurisdiction over the entire country whereas the jurisdiction of the High Court is limited to the territorial jurisdiction of the State(s) of which it is the High Court. The High Court may be justified in passing such an order when it only affects the employees of the State falling within its jurisdiction but, in our opinion, it could not have passed such an order in the case of employees where pan India repercussions would be involved.

This effectively means that, to challenge a Central Act such as Dowry Prohibition Act 1961 which has ramifications to entire country, one can not invoke the Writ jurisdiction of a High Court. This implies that, one has to go to Supreme Court only. This is quite contrary to the obiter dicta from Kusum Ingots judgement here given by a 3-judge bench.

Union of India Vs R Thiyagarajan on 3 April 2020

Citations: [

Other Source links: https://indiankanoon.org/doc/95720998/ or


Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from main.sci.gov.in/judgments, judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Article 226 - Power of High Courts to issue certain writs One State High Court Decisions Binding On Other State High Courts Reportable Judgement or Order Union of India Vs R Thiyagarajan Work-In-Progress Article | Leave a comment

Syed Wasif Husain Rizvi Vs Hasan Raza Khan and Ors on 22 January 2016

Posted on April 3, 2020 by ShadesOfKnife

3-Judge Full Bench comprising Chief Justice DY Chandrachud (as he was at Lucknow Bench of Allahabad High Court) declared the following reference in affirmative,

“Whether writ petition under Article 226 of the Constitution can be filed by Power of Attorney holder?”

Safeguards

Having held so, we must, at the same time, emphasize the necessity of observing adequate safeguards where a writ petition is filed through the holder of a power of attorney. These safeguards should necessarily include the following:
(1) The power of attorney by which the donor authorises the donee, must be brought on the record and must be filed together with the petition/application;
(2) The affidavit which is executed by the holder of a power of attorney must contain a statement that the donor is alive and specify the reasons for the inability of the donor to remain present before the Court to swear the affidavit; and
(3) The donee must be confined to those acts which he is authorised by the power of attorney to discharge.

Syed Wasif Husain Rizvi Vs Hasan Raza Khan and Ors on 22 January 2016

Earlier Reference Order

Syed Wasif Husain Rizvi Vs Hasan Raza Khan and Ors on 02 December 2015

Citations: [2016 AWC 2 1525], [2016 LCD 34 373], [2016 AIR ALL 52]

Other Source links: https://indiankanoon.org/doc/114640689/ or https://www.casemine.com/judgement/in/5811a4a5e691cb26fc4d9447


Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from main.sci.gov.in/judgments, judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in

Posted in High Court of Allahabad Judgment or Order or Notification | Tagged Landmark Case Legal Procedure Explained - Interpretation of Statutes Power of Attorney Reportable Judgement or Order Syed Wasif Husain Rizvi Vs Hasan Raza Khan and Ors | Leave a comment

State of Maharashtra Vs Rahul Ramchandra Khedkar on 18 May 2018

Posted on April 2, 2020 by ShadesOfKnife

Smt. S.D. Javalgekar, Judicial Magistrate First Class (Court No.5) Sangli delivered this judgment.

Para 23,

23. From the above discussion, it becomes clear that, the prosecution has failed to prove the allegations against the accused beyond reasonable  doubts. Though in such offences special weightage should be given to the version of the complainant, it should also be corroborated by other supportive evidence. In absence of such evidence vague allegations of the complainant cannot be taken as true. There are many instances in society wherein females of mischievous nature spoil the family peace by making false allegations and by unnecessarily involving innocent persons in the offence. From the discussion above, I find no substance in the various allegations of the complainant. Hence, I hold that accused persons are innocent and not liable for the offences punishable under Section 498A, 323, 504 and 506 of the Indian Penal Code.

State of Maharashtra Vs Rahul Ramchandra Khedkar on 18 May 2018

Citations:

Other Source links:


Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from main.sci.gov.in/judgments, judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in

Posted in District or Sessions or Magistrate Court Judgment or Order or Notification | Tagged Acquitted in IPC 498A IPC 323 - Not Made Out IPC 498a - Not Made Out IPC 504 - Not Made Out IPC 506 - Not Made Out Legal Terrorism State of Maharashtra Vs Rahul Ramchandra Khedkar | Leave a comment

Bhanu Prasad Variganji Vs State of Telangana on 16 March 2020

Posted on April 2, 2020 by ShadesOfKnife

Smt Justice Sri Devi had passed a Quash order on the false and malicious proceedings which were initiated u/s 498 IPC and others under the ground that there are no specific details in the Charge Sheet to bring home the allegations also because Assistant Government Pleader did not obtain sanction from Central Government to ask the Magistrate to take cognizance of this case.

Bhanu Prasad Variganji Vs State of Telangana on 16 March 2020

Citations:

Other Source links:


Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from main.sci.gov.in/judgments, judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged Bhanu Prasad Variganji Vs State of Telangana CrPC 482 – Criminal Proceeding Quashed Quash | Leave a comment

Epidemic Diseases Act 1897

Posted on March 25, 2020 by ShadesOfKnife

A relic from bygone British-era, this Law was frequently invoked in India to contain pandemic outbreaks in India or any territory within India.

Epidemic Diseases Act 1897

The latest Ordinance is here.


Disclaimer:

Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from main.sci.gov.in/judgments, judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in

I have no control to remove copies of this document(s) that may be available on websites of High Courts or Supreme Court of India or any of the many other sites, law journal or reporters which carry the same judgment in it’s entirety, not I can remove references/links to this document(s) from the results of Search Engines such as Google.com.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged Epidemic Diseases Act 1897 | Leave a comment

Raj Talreja Vs Kavita Talreja on 24 April 2017

Posted on March 25, 2020 by ShadesOfKnife

Supreme Court had that filing false complaints caused mental cruelty and thereby gives opportunity to seek divorce on the ground of Cruelty.

“11. Cruelty can never be defined with exactitude. What is cruelty will depend upon the facts and circumstances of each case. In the present case, from the facts narrated above, it is apparent that the wife made reckless, defamatory and false accusations against her husband, his family members and
colleagues, which would definitely have the effect of lowering his reputation in the eyes of his peers. Mere filing of complaints is not cruelty, if there are justifiable reasons to file the complaints. Merely because no action is taken on the complaint or after trial the accused is acquitted may not be a ground to treat such accusations of the wife as cruelty within the meaning of the Hindu Marriage Act, 1955 (for short “the Act”). However, if it is
found that the allegations are patently false, then there can be no manner of doubt that the said conduct of a spouse levelling false accusations against the other spouse would be an act of cruelty.”

Raj Talreja Vs Kavita Talreja on 24 April 2017

Citations: [2017 SCC ONLINE SC 462], [MANU/SC/0493/2017], [2017 AIR SC 2138], [2017 ALR 123 835], [2017 ALD 4 189], [2017 CHN SC 3 77], [2017 CTC 4 208], [2017 CLT 124 401], [2017 DMCSC 2 317], [2017 JLJ 3 367], [2017 JLJR 2 470], [2017 MLJ 4 190], [2017 PLJR 2 475], [2017 RCR CIVIL 2 1044], [2017 SCALE 5 413], [2017 SCJ 5 418]

Other Source links: https://indiankanoon.org/doc/139144445/ and https://www.casemine.com/judgement/in/58fe28e753bee70a8573e00c


 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Divorce Granted on Cruelty ground Filing False Criminal Complaints causes Mental Cruelty HM Act Sec 13 - Divorce Granted to Husband Raj Talreja Vs Kavita Talreja | Leave a comment

Suchitra Kumar Singha Roy Vs Arpita Singha Roy on 20 March 2020

Posted on March 25, 2020 by ShadesOfKnife

Knife filed false criminal cases and the husband and his father had to be in police custody for nine days. This is cruelty and hence divorce for husband.

Suchitra Kumar Singha Roy Vs Arpita Singha Roy on 20 March 2020

Citations:

Other Source links:


 

Posted in High Court of Calcutta Judgment or Order or Notification | Tagged Divorce Granted on Cruelty ground Filing False Criminal Complaints causes Mental Cruelty HM Act Sec 13 - Divorce Granted to Husband Suchitra Kumar Singha Roy Vs Arpita Singha Roy | Leave a comment

Supreme Court mandates use of A4 sheets With Double-Sided Printing for all usages from 01 April 2020

Posted on March 25, 2020 by ShadesOfKnife
The Supreme Court has finally approved the use of A4 size papers for filing documents, with printing on both the sides. The news is here and the circular is below.

For Internal Communications of Registry with Court

12032020_071734

… and…

For all communications between Registry, Court, Advocates and litigants

12032020_071455

Three law students write to CJI, want legal size paper ditched for A4.

Link here.


Supreme Court was not interested to direct other Constitutional Courts and Tribunals to shift to A4 paper usage.

Link here.

Youth Bar Association of India and Anr Vs Union of India and Ors on 31 Oct 2022

The following High Courts also followed the Supreme Court in this regard.

Allahabad HC

The news is here and Order passed in the Writ filed in this regard is below.

Saumitra Anand and 4 Ors Vs Registrar General High Court of Allahabad and 2 Ors on 27 Jul 2020

…

The Registry had taken a decision on this. The Rulebooks are to be revised basis this decision soon.

Use of A4 sheets permitted by Allahabad High Court

…

The Rules of the High Court are amended to incorporate the new paper size. The news is here.

Allahabad High Court (Amendment) Rules, 2021

Andhra Pradesh HC

The news is here and Notice is below

2022-07-29 A4 Paper usage effective from 01-09-2022

Bombay HC

The news is here and Notice is below (only applicable to all High Court benches; not to sub-ordinate courts in the State)

2021-07-06 Notification

Calcutta HC

The news is here and Notice is below

notice-2615-18-Feb-2020

Delhi HC

The PIL news is here. Actual news is here.

Practice_direction_A4_Delhi_High_Court

Here is the revised Practice direction…

Practice direction for A4 Paper usage by Delhi High Court

Gauhati HC

The news is here and the Notification is below

Notification-06-02-2015

Gujarat HC

The news is here


Himachal Pradesh HC

The direction is below

Himachal Pradesh HC regd A4 Paper size usage

Jharkhand HC

The news is here

 


Karnataka HC

The news is here. Here is the Judgment from CJ Karnataka

Akriti Agarwal and Ors Vs Registrar High Court of Karnataka on 19 Nov 2020

Kerala HC

The news is here and Notification is below.

Kerala HC regd Double side Printing

…and…

later news is here and the notification is below.

Kerala_HC_Notification_on_Use_of_A4_sheets

Madhya Pradesh HC

The news is here

 


Madras HC

The news is here.


Manipur HC

The Notification is below.

Manipur HC - use A4 size

Orissa HC

The news is here and here.

The said Order is below.

P.S. Chandralekha Vs High Court of Orissa on 17 Dec 2020

The High Court Notification is below.

2021-02-02 Orissa HC A4 Paper usage notification

Next HC

The news is here


Rajasthan HC

The news is here. Notice got issued to Registrar, HC

Akriti Agarwal Vs Registrar-General Rajasthan High Court in 18 Nov 2020

Tripura HC

The news is here and Order is below.

THC-6865-91

Telangana HC

The news is here and Circular is below.

2022-02-18 A4 Paper usage effective from 18-02-2022

Uttarakhand HC

The news is here.

The Notification of HC Rules 2020 below.

2020-12-31 Notification - HC of Uttarakhand Rules 2020 - A4 Paper Usage

MASTER SITEMAP here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Public Interest Litigation Summary Post Usage of A4 Paper Size in Court Proceedings | Leave a comment

State of AP Vs Muppa Venkateswara Rao on 23 March 2020

Posted on March 23, 2020 by ShadesOfKnife

Supreme Court did not even pass any detailed judgment on the SLP of State of AP, as it did not find any reason to do so. Faceplam.

State of AP Vs Muppa Venkateswara Rao on 23 March 2020

The AP High Court Judgment is available here.


To attack this judgment, AP Government took this step here.

 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Election Matter Misuse of Public Funds State of AP Vs Muppa Venkateswara Rao | Leave a comment

Comments made by various State actors on State Election Commissioner on March 15, 2020 (and later)

Posted on March 23, 2020 by ShadesOfKnife

Here is State Chief Minister using his mouth on SEC followed by his goons, errr, his cabinet ministers. Then some miscellaneous people(?)… LOL

Back to Main page here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged State of AP Vs AP State Election Commission | Leave a comment

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