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True Colors of a Vile Wife

Author: ShadesOfKnife

Gender biased Laws enacted in India under the Guise of Article 15(3) of Constitution of India

Posted on September 2, 2019 by ShadesOfKnife

The following are the complete list of gender-biased Laws (and many provisions in both Substantial and Procedural Laws) enacted in India under the guise of Article 15(3) of Constitution of India and some being continued those that were enacted even before the effective date of Constitution and even more before the Independence of India.

The thing to note is that, there are no comparable laws made to protect men and boys

Substantial and Procedural Laws of India

From Indian Penal Code, 1860 (Amended from time to time)

  1. 304B – Dowry Death
  2. 354 – Assault or criminal force to woman with intent to outrage her modesty
  3. 354A – Sexual harassment and punishment for sexual harassment
  4. 354B – Assault or use of criminal force to woman with intent to disrobe
  5. 354C – Voyeurism
  6. 354D – Stalking
  7. 354E – Sextortion
  8. 375 – Rape
  9. 376 – Punishment for rape
  10. 376A – Punishment for causing death or resulting in persistent vegetative state of victim
  11. 376AB – Punishment for rape on woman under twelve years of age
  12. 376B – Sexual intercourse by husband upon his wife during separation
  13. 376C – Sexual intercourse by a person in authority
  14. 376D – Gang rape
  15. 376DA – Punishment for gang rape on woman under sixteen years of age
  16. 376DB – Punishment for gang rape on woman under twelve years of age
  17. 376E -Punishment for repeat offenders
  18. 493 – Cohabitation caused by a man deceitfully inducing a belief of lawful marriage
  19. 497 – Adultery (– Got Struck down by Supreme Court)
  20. 498 – Enticing or taking away or detaining with criminal intent a married woman
  21. 498A – Husband or relative of husband of a woman subjecting her to cruelty
  22. 509 – Word, gesture or act intended to insult the modesty of a woman

From Criminal Procedure Code, 1973 (Amended from time to time)

  1. 125 – Order for maintenance of wives, children and parents
  2. 198 – Prosecution for offences against marriage
  3. 198A – Prosecution of offences under section 498A of the Indian Penal Code
  4. 198B – Cognizance of offence

From Indian Evidence Act, 1872 (Amended from time to time)

  1. 112 – Birth during marriage, conclusive proof of legitimacy

Gender-biased Laws

Protection of Women from Domestic Violence Act, 2005

  1. Act
  2. Rules

The Sexual Harassment of Women at Workplace (Prevention Prohibition and Redressal) Act 2013

  1. Act
  2. Rules

National Commission for Women, 1990

  1. Act
  2. Rules

Hindu Adoptions and Maintenance Act, 1956

  1. Act
  2. Rules
  3. Section 20

Juvenile Justice Act, 2015

  1. Act along with Amendment made in 2021
  2. Rules

Some of the goals I set for myself here, include targeting some of the above discreetly.

Posted in Judicial Activism (for Public Benefit) | Tagged Gender-biased Laws Summary Post Work-In-Progress Article

Liyakatuddin Vs The State of M.P. on 21 August, 2018

Posted on September 2, 2019 by ShadesOfKnife

Based on State of Rajasthan Vs Smt. Kalki and Anr judgment here and Dalip Singh and Others Vs State of Punjab judgment here, High Court of Madhya Pradesh gave this judgment differentiating the related witness and interested witness.

Liyakatuddin Vs The State of M.P. on 21 August, 2018

Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from 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 Madhya Pradesh Judgment or Order or Notification | Tagged Dalip Singh and Others Vs State of Punjab Interested Witnesses Liyakatuddin Vs The State of M.P. No Independent Witnesses Examined State of Rajasthan Vs Smt. Kalki and Anr

Ganapathi and Anr Vs The State of Tamil Nadu on 27 March, 2018

Posted on September 1, 2019 by ShadesOfKnife

Based on State of Rajasthan Vs Smt. Kalki and Anr judgment here, Justice N.V. Ramana gave this judgment differentiating the related witness and interested witness.

Ganapathi and Anr Vs The State of Tamil Nadu on 27 March, 2018

Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from 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 Ganapathi and Anr Vs The State of Tamil Nadu Interested Witnesses No Independent Witnesses Examined Reportable Judgement or Order

State of Rajasthan Vs Smt. Kalki and Anr on 15 April, 1981

Posted on September 1, 2019 by ShadesOfKnife

On the same lines as this Supreme Judgment here in Dalip Singh and Others Vs State of Punjab, in this case also a 3-judge bench addressed the issue “Whether the word “related” means “interested”?”

State of Rajasthan Vs Smt. Kalki and Anr on 15 April, 1981

Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from 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 Dalip Singh and Others Vs State of Punjab Interested Witnesses Landmark Case Legal Procedure Explained - Interpretation of Statutes No Independent Witnesses Examined State of Rajasthan Vs Smt. Kalki and Anr

Dalip Singh and Others Vs State of Punjab on 15 May, 1953

Posted on September 1, 2019 by ShadesOfKnife

Supreme Court has held that a related witness would ordinarily speak the truth, but in the case of an enmity there may be a tendency to drag in an innocent person as an accused—each case has to be considered on its own facts.

From Paras 25 and 26,

“25. We are unable to agree with the learned Judges of the High Court that the testimony of the two eyewitnesses requires corroboration. If the foundation for such an observation is based on the fact that the witnesses are women and that the fate of seven men hangs on their testimony, we know of no such rule. If it is grounded on the reason that they are closely related to the deceased we are unable to concur. This is a fallacy common to many criminal cases and one which another Bench of this Court endeavoured to dispel in Rameshwar v. State of Rajasthan.”
In the said case, it has also been further observed: (AIR p. 366, para 26)
“26. A witness is normally to be considered independent unless he or she springs from sources which are likely to be tainted and that usually means unless the witness has cause, such as enmity against the accused, to wish to implicate him falsely. Ordinarily a close relative would be the last to screen the real culprit and falsely implicate an innocent person. It is true, when feelings run high and there is personal cause for enmity, that there is a tendency to drag in an innocent person against whom a witness has a grudge along with the guilty, but foundation must be laid for such a criticism
and the mere fact of relationship far from being a foundation is often a sure guarantee of
truth.”

Dalip Singh and Others Vs State of Punjab on 15 May, 1953

Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from 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 Dalip Singh and Others Vs State of Punjab Interested Witnesses Landmark Case No Independent Witnesses Examined Reportable Judgement or Order

Ajay Singh Vs UOI and Ors on 27 August, 2019

Posted on August 31, 2019 by ShadesOfKnife

In this order from Delhi High Court, it is held that the principle of “rounding off” has been recognised in law in a number of decisions to do substantial justice to folks who got border line marks less than the minimum marks set for the qualifying examination.

Ajay Singh Vs UOI and Ors on 27 August, 2019

News: https://barandbench.com/delhi-hc-permits-rounding-off-petitioners-marks-in-ll-b-to-enable-him-to-apply-for-jag/


Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from 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 Delhi Judgment or Order or Notification | Tagged Ajay Singh Vs UOI and Ors Catena of Landmark Judgments Referred/Cited to Landmark Case

Curious case of Justice Mr.Rakesh Kumar

Posted on August 30, 2019 by ShadesOfKnife

Justice Mr.Rakesh Kumar of Patna High Court has given an order to CBI to conduct inquiry on some Corruption incidents by members of Judiciary, that were reported in Dainik Jagran and Republic TV. (Orders courtesy by Bar and Bench website)

Justice-Rakesh-kumar-order

And the very next day a 11-judge bench was constituted and Justice Mr.Rakesh Kumar’s order was suspended and all judicial work was taken away from him. Here is the order.

Patna-HC-11-Judge-Order

Then, a 1-pager was passed assigning judicial work to him. Here is the notice.

03 Justice-Rakesh-Kumar-Patna-HC-notice 01-09-2019

And then an Order was passed by a 3-judge bench of High Court of Madhya Pradesh quashing the order of Justice Mr.Rakesh Kumar dt 28-08-2019

04 Justice-Rakesh-kumar-order-quashed

Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from 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 Patna Judgment or Order or Notification | Tagged Justice Rakesh Kumar

Kusum Sharma Vs Mahinder Kumar Sharma on 3 July, 2019

Posted on August 29, 2019 by ShadesOfKnife

Applicants (who?) prayed for speedy disposal of maintenance applications pending at lower family court.

8 FAO 369-1996 Expeditious disposal of maintenance applications on 3 July, 2019

The Case Index is available here.


Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from 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 Delhi Judgment or Order or Notification | Tagged Kusum Sharma Vs Mahinder Kumar Sharma

The Kusum Sharma Vs Mahinder Kumar Sharma case

Posted on August 29, 2019 by ShadesOfKnife

Here are the key orders passed by Hon’ble Delhi High Court on the case of Kusum Sharma Vs Mahinder Kumar Sharma case.

  1. On 14 January 2015, Hon’ble Delhi High Court has prescribed the format for the affidavit that all parties of matrimonial cases have to file, so that the disposal can happen in 60 days as mandated by the Section 24 of Hindu Marriage Act, 1955 here.
  2. The appellant Kusum Sharma has expired on 26th September, 2016 here.
  3. On 29 May, 2017, based on inputs and suggestions from some Family courts, further modifications are made to the prescribed format of the affidavit that all parties of matrimonial cases should file. On 6 December, 2017, based on inputs and suggestions from some Family courts, further modifications are made to the prescribed format of the affidavit that all parties of matrimonial cases should file. See a consolidated update here.
  4. On 3 July 2019, expeditious disposal of maintenance applications at the Family court is sough in DHC here.
  5. On 06 August 2020, Delhi High Court again revised the Affidavit template to capture the assets and liabilities details here.
  6. On 21 May 2021, Delhi High Court closed the proceedings in this case, vide the following order.
Kusum Sharma Vs Mahinder Kumar Sharma on 21 May 2021

This judgment is gainfully used in Shalu Ojha case here.


A 2-judge bench of Supreme Court passed guidelines to handle multiple maintenance litigation here.

Posted in High Court of Delhi Judgment or Order or Notification | Tagged Kusum Sharma Vs Mahinder Kumar Sharma Multiple Maintenances Orders Shalu Ojha Vs Prashant Ojha Work-In-Progress Article

Legal Maxims

Posted on August 27, 2019 by ShadesOfKnife

A humble collection of Legal Maxims useful for Law students and Law practitioners…

A

  1. Actio personalis moritur cum persona
    • a personal right of action dies with the person
  2. actus curiae neminem gravabit
    • an act of the Court shall prejudice no man, or by a delay on the part of the Court neither party should suffer
  3. ad idem
  4. albeit means although
  5. amicus curiae
  6. Animus Deserendi
    • intention to bring cohabitation permanently to an end
  7. A Priori
  8. Au contraire
  9. audi alteram partem
    • “listen to the other side”, or “let the other side be heard as well” or “no person shall be condemned unheard”

B

  1. b
  2. b

C

  1. causa causans : The original, primary, fundamental, real, proximate, immediate or main cause of something; The last link / final link in the chain of *causation
  2. casus omissus
    • a situation omitted from or not provided for by statute or regulation and therefore governed by the common law
  3. coram non judice
  4. causa sine qua non
    • some preceding but for which the causa causans could not have become operative.
  5. causa justa : A true or just cause.
  6. causa mortis : In respect of death.

D

  1. dominus litus
  2. de novo
  3. dramatis personae

E

  1. erga omnes
  2. ex debito justitiae
  3. ex proprio vigore means “by its own force” or “by its own power.”
  4. “Ex abundanti cautela” meaning “out of an abundance of caution.”

F

  1. functus officio
  2. fraus et jus nunquam cohabitant mean “fraud and justice never dwell together”

G

  1. g
  2. g

 

H

  1. h
  2. h

 

I

  1. imprimatur: authoritative approval.
  2. ipso facto
  3. Ignorantia juris non excusat
  4. Interest Reipublicae Ut Sit Finis Litium- It means “In the interest of the state, that there be an end to litigation

 

J

  1. j
  2. j

K

  1. k
  2. k

 

L

  1. Lex iniusta non est lex(an unjust law is not a true law)
  2. locus classicus : an authoritative and often quoted passage from a standard work

 

M

  1. m
  2. m

 

N

  1. Nemo debet esse judex in propria causa.
    • No man ought to be a judge in his own cause. The essence of the maxim has been incorporated in Section 479 of CrPC.
  2. nemo judex in causa sua
    • no one should be a judge in their own cause

 

O

  1. OPP
    • Onus to prove on plaintiff
  2. OPR
    • Onus to prove on defendant

 

P

  1. pari materia
  2. particeps criminis
  3. parens patriae
  4. post-facto
  5. Pacta privata juri publico non derogare possunt

 

Q

  1. Quod per me non possum, nec per alium

 

R

  1. res integra
  2. res ipsa loquitur
  3. res judicita

 

S

  1. simpliciter
  2. suo motu
  3. sine die
  4. sine qua non
  5. Stare decisis : to stand in the-things-that-have-been-decided (Precedent)
  6. Stare decisis et non quieta movere : to stand by decisions and not disturb the undisturbed
  7. stricto sensu:
    • In the strict sense
  8. sub silentio
  9. “Suggestio falsi, suppressio veri” is a Latin legal maxim meaning “suggesting the false, suppressing the true.”
  10. sui generis

 

T

  1. t
  2. t

 

U

  1. Ubi jus ibi remedium
  2. u

 

V

  1. void ipso jure
  2. Volenti non fit injuria
  3. volte-face – Take a U-turn

 

W

  1. w
  2. w

 

X

  1. x
  2. x

 

Y

  1. y
  2. y

 

Z

  1. z
  2. z

 

 

Posted in LLB Study Material | Tagged Legal Maxims

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