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True Colors of a Vile Wife

Author: ShadesOfKnife

Shalu Ojha vs Prashant Ojha on 29 January, 2018

Posted on June 29, 2019 by ShadesOfKnife

A very good judgment from Apex Court, which directs the complaining party to file an affidavit of her income which would be in the format as prescribed in the judgment of the High Court of Delhi in the case of ‘Kusum Sharma v. Mahinder Kumar Sharma’ decided on 14.01.2015 (FAO No. 309/1996).

Shalu Ojha vs Prashant Ojha on 29 January, 2018 IMP

The Kusum Sharma v. Mahinder Kumar Sharma is here.


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 Supreme Court of India Judgment or Order or Notification | Tagged Landmark Case Shalu Ojha Vs Prashant Ojha

CrPC 317 – Provision for inquiries and trial being held in the absence of accused in certain cases

Posted on June 28, 2019 by ShadesOfKnife

317. Provision for inquiries and trial being held in the absence of accused in certain cases.

(1) At any stage of an inquiry or trial under this Code, if the Judge or Magistrate is satisfied, for reasons to be recorded, that the personal attendance of the accused before the Court is not necessary in the interests of justice, or that the accused persistently disturbs the proceedings in Court, the Judge or Magistrate may, if the accused is represented by a pleader, dispense with his attendance and proceed with such inquiry or trial in his absence, and may, at any subsequent stage of the proceedings, direct the personal attendance of such accused.
(2) If the accused in any such case is not represented by a pleader, or if the Judge or Magistrate considers his personal attendance necessary, he may, if he thinks fit and for reasons to be recorded by him, either adjourn such inquiry or trial, or order that the case of such accused be taken up or tried separately.

Sample is available here.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged CrPC 317 - Provision for inquiries and trial being held in the absence of accused in certain cases

Absent Petition (Template) under section 317 of Cr.P.C.

Posted on June 27, 2019 by ShadesOfKnife

Here is a Sample/template for absent petition under section 317 of Cr.P.C.

Format of 317 CrPC petition - Sample
Posted in File a Petition | Tagged CrPC 317 - Provision for inquiries and trial being held in the absence of accused in certain cases

IPC 228 – Intentional insult or interruption to public servant sitting in judicial proceeding

Posted on June 23, 2019 by ShadesOfKnife

228. Intentional insult or interruption to public servant sitting in judicial proceeding.

—Whoever intentionally offers any insult, or causes any interruption to any public servant, while such public servant is sitting in any stage of a judicial proceeding, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thou­sand rupees, or with both.

State Amendment Andhra Pradesh.

—In Andhra Pradesh offence under section 228 is cognizable. [Vide A.P.G.O. Ms. No. 732, dated 5th December, 1991].

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged IPC 228 - Intentional insult or interruption to public servant sitting in judicial proceeding

IPC 210 – Fraudulently obtaining decree for sum not due

Posted on June 23, 2019 by ShadesOfKnife

210. Fraudulently obtaining decree for sum not due.

—Whoever fraudulently obtains a decree or order against any person for a sum not due or for a larger sum than is due, or for any property or interest in property to which he is not entitled, or fraudu­lently causes a decree or order to be executed against any person after it has been satisfied or for anything in respect of which it has been satisfied, or fraudulently suffers or permits any such act to be done in his name, shall be punished with imprison­ment of either description for a term which may extend to two years, or with fine, or with both.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged IPC 210 - Fraudulently obtaining decree for sum not due

IPC 208 – Fraudulently suffering decree for sum not due

Posted on June 23, 2019 by ShadesOfKnife

208. Fraudulently suffering decree for sum not due.

—Whoever fraudulently causes or suffers a decree or order to be passed against him at the suit of any person for a sum not due or for a larger sum than is due to such person or for any property or interest in property to which such person is not entitled, or fraudulently causes or suffers a decree or order to be executed against him after it has been satisfied, or for anything in respect of which it has been satisfied, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Illustration

A institutes a suit against Z. Z knowing that A is likely to obtain a decree against him, fraudulently suffers a judgment to pass against him for a larger amount at the suit of B, who has no just claim against him, in order that B, either on his own ac­count or for the benefit of Z, may share in the proceeds of any sale of Z’s property which may be made under A’s decree. Z has committed an offence under this section.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged IPC 208 - Fraudulently suffering decree for sum not due

IPC 207 – Fraudulent claim to property to prevent its seizure as forfeited or in execution

Posted on June 23, 2019 by ShadesOfKnife

207. Fraudulent claim to property to prevent its seizure as forfeited or in execution.

—Whoever fraudulently accepts, re­ceives or claims any property or any interest therein, knowing that he has no right or rightful claim to such property or interest, or practices any deception touching any right to any property or any interest therein, intending thereby to prevent that property or interest therein from being taken as a forfei­ture or in satisfaction of a fine, under a sentence which has been pronounced, or which he knows to be likely to be pronounced by a Court of Justice or other competent authority, or from being taken in execution of a decree or order which has been made, or which he knows to be likely to be made by a Court of Justice in a civil suit, shall be punished with imprisonment of either de­scription for a term which may extend to two years, or with fine, or with both.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged IPC 207 - Fraudulent claim to property to prevent its seizure as forfeited or in execution

IPC 206 – Fraudulent removal or concealment of property to prevent its seizure as forfeited or in execution

Posted on June 23, 2019 by ShadesOfKnife

206. Fraudulent removal or concealment of property to prevent its seizure as forfeited or in execution.

—Whoever fraudulently removes, conceals, transfers or delivers to any person any property or any interest therein, intending thereby to prevent that property or interest therein from being taken as a forfei­ture or in satisfaction of a fine, under a sentence which has been pronounced, or which he knows to be likely to be pronounced, by a Court of Justice or other competent authority, or from being taken in execution of a decree or order which has been made, or which he knows to be likely to be made by a Court of Justice in a civil suit, shall be punished with imprisonment of either de­scription for a term which may extend to two years, or with fine, or with both.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged IPC 206 - Fraudulent removal or concealment of property to prevent its seizure as forfeited or in execution

IPC 205 – False personation for purpose of act or proceeding in suit or prosecution

Posted on June 23, 2019 by ShadesOfKnife

205. False personation for purpose of act or proceeding in suit or prosecution.

—Whoever falsely personates another, and in such assumed character makes any admission or statement, or confesses judgment, or causes any process to be issued or becomes bail or security, or does any other act in any suit or criminal prosecu­tion, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged IPC 205 - False personation for purpose of act or proceeding in suit or prosecution

Shabnam Parveen Vs The State of West Bengal and Ors on 24 November, 2017

Posted on June 5, 2019 by ShadesOfKnife

High Court of Calcutta (appellette side) has held that u/s 36 of PWDV Act, PWDV Act provisions are in addition to existing laws and basing that argument held that since the complainant (Shabnam Parveen) and the respondent are mohammaden, the respondent, being father-in-law, is under no obligation to provide maintain allowance to the widow of his son namely the petitioner

Shabnam Parveen Vs The State of West Bengal & Ors on 24 November, 2017

Indiankanoon.org link: https://indiankanoon.org/doc/33442063/

Reference: https://www.livelaw.in/muslim-father-in-law-no-obligation-maintain-sons-widow-dv-act-calcutta-hc-read-judgment/


Index of Domestic Violence cases is here.

Posted in High Court of Calcutta Judgment or Order or Notification | Tagged Muslim DV Case Pay No Maintenance to Daughter-in-Law PIL - CrPC 125 or BNSS 144 Must Go From Statute Book PWDV Act Sec 20 - Maintenance Denied Shabnam Parveen Vs The State of West Bengal and Ors

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