Economic abuse is established in this DV case from Anantapur DV Cases Series. Gross misuse of power or glorified ineptness towards differentiating between a Civil Suit for property and giving Residence (not property) Order under DV Act.
Economic abuse is established in this DV case from Anantapur DV Cases Series. Gross misuse of power or glorified ineptness towards differentiating between a Civil Suit for property and giving Residence (not property) Order under DV Act.
These are the 5 subjects in second semester of 3 years LLB (General) of Sri Krishna Devaraya University, Anantapur, Andhra Pradesh, India.
1. Family Law – 1
2. Family Law – 2
3. Environment Law
4. Jurisprudence
5. Legal Writing
Here are the pdfs for the previous years question papers for second semester.
2013
2014
2015
2016
2017
2018
Click here for Home Page which contains answers
These are the 5 subjects in first semester of 3 years LLB (General) of Sri Krishna Devaraya University, Anantapur, Andhra Pradesh, India.
1. Indian Penal Code
2. Law of Torts
3. Constitution Law
4. General Contract
5. Special Contract
Here are the pdfs for the previous years question papers for first semester.
2011
2012
2014
2015
2016
2017
Click here for Home Page which contains answers
The cunning knife who is begging maintenance under HMA 24, cannot travel 125 KMs to attend Court and requires the assistance of an adult member of the family to travel, petitioned for Transfer of cases to her den location.
Just for some ‘utensils, Bed and Rukhwat items’ she denied to settle the matter even when the hubby dear is willing to dole out, an amount of Rs.10.50 lac as a One Time Comprehensive Settlement and part ways with the Applicant/ wife before it became more painful.
From Para 8 and 9,
At this juncture, the learned Advocate for the husband submits that though it was beyond his means, he has somehow accumulated Rs.10.50 lac so as to resolve this entire issue once and for all and part ways. If the wife wants to agitate on the utensils and Rukhwat, the husband is withdrawing his offer of depositing Rs.10.50 lac in this Court.
I see reason in the submissions of the learned Advocate for the husband and therefore, the offer that the Respondent/ Husband had made earlier, is permitted to be withdrawn and the amount of Rs.10.50 lac need not be deposited in this Court.
TRIVIA
The name of the knife is a little… Shit’al… LOL
High Court of Bombay (Aurangabad Bench) has held that, there is no harm if such a print out from the official website is placed before this Court.
From Para 2 and 3,
2. I am of the view that this apprehension is misplaced since the print out of the orders of this Court from the official website has sanctity and the trial Courts are expected to consider the said orders, if they are cited after taking a print out from the official website. The said orders are also available before the trial Court from the official website and there can be a counter verification to find out whether such an order is actually uploaded to the official website or not. In this backdrop, there is no harm if such a print out from the official website is placed before this Court.
3. It is informed by the learned Advocates that, in several cases before various trial Courts, the learned Judges insist on production of the certified copy of the order and they are not inclined to consider the print out of an order from the official website of the Bombay High Court, as being a reliable document. As observed in the foregoing paragraphs, in the event of any doubt in the mind of the learned Judge, it can be checked from the official website of the Bombay High Court as to whether such an order has been uploaded or not? Once the order is uploaded on the official website, it is a reliable document to be considered by the Court before whom it is cited.
4. Since several lawyers in the Court room have addressed this Court on this common issue, the learned Registrar (Judicial) of this Court is directed to circulate this order to all the learned Principal District Judges of the District Courts in Maharashtra, so as to bring this aspect to the notice of all the learned Judges working in the judicial districts in this state.
Citations:
Indiankanoon.org or Casemine link:
Added to this Index here.
Now Hon’ble High of Punjab and Haryana also held that Courts/Police cannot impound anyone’s passport in India. Only Passport Authority can impound/revoke a passport in India.
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This is the appeal made by the Pakistan terrorist Kasab which was dismissed by Hon’ble Supreme Court.
Citations :
Other Sources :
A peculiar case where the knife filed DV Case on in-laws alone, excluding her husband. The brother-in-law of the knife filed a complaint to police that knife has been filing false cases and police filed a case under IPC 182 after permission from SSP. Knife moved High Court for quash of this case and it was dismissed for lack of merits. Now Supreme Court has set aside this order of High Court and allowed the knife’s petition for quash.
From Para 14,
The complaint, if made, by any woman alleging offence under the Protection of Women from Domestic Violence Act, 2005 committed by any member of the family, the matter is to be looked upon seriously. The Police without proper verification and investigation cannot submit a report that no case is made out. The Investigating Agency is required to make proper enquiry not only from the members of the family but also from neighbours, friends and others. After such enquiry, the Investigating Agency may form a definite opinion and file report but it is for the Court to decide finally whether to take cognizance for any offence under any of the provisions of the Act.
This is where the judge takes a tangential swipe at a DV case to 498A case. Quite peculiar indeed.
Citations : [2015 ALD CRL SC 1 518], [2014 SCC 13 25], [2014 SCC CRI 5 517], [2014 SCC ONLINE SC 495], [2014 AIR SC 2966], [2014 AIC 140 58], [2014 CRI LJ 4069], [2014 AIOL 394], [2014 BOMCR CRI SC 3 426], [2014 CRLJ SC 4069], [2014 JLJR SC 3 263], [2014 JT 8 574], [2014 RCR CRIMINAL SC 4 175], [2014 SCALE 8 226], [2014 AIR SC 4417], [2014 ALT CRI 3 314], [2014 SCJ 8 179], [2014 AIR SCW 4417]
Other Sources :
https://indiankanoon.org/doc/181157487/
https://www.casemine.com/judgement/in/5609af4ce4b0149711416147
https://advocatespedia.com/Santosh_Bakshi_vs_State_Of_Punjab_And_Ors_on_30_June,_2014
The High Court order that is set aside is given below.
In this case adjudicated by National Consumer Disputes Redressal Commission, it was held unequivocally that a murder is an accidental death from the perspective of the policy holder or accidental death insurance policy. Moreover ‘Murder’ was not specifically excepted in the policy.
It has granted Rs.20,00,000/- sum assured with 9% interest per annum from the date of repudiation along with cost of Rs.25,000/-. In addition, reasonable compensation of Rs.2,00,000/- shall also be paid by the insurance company to the nominees of the policy holder/deceased.
CItations :
Other Sources :
This is the landmark judgment from Hon’ble Supreme Court, which laid down the law that under CrPC 482, High Courts can quash a FIR or non-compoundable case such as 498A and 406 IPC.
From Para 13-15,
13. The observations made by this Court, though in a slightly different context, in G.V Rao v. L.H.V Prasad 2000 3 SCC 693 are very apt for determining the approach required to be kept in view in a matrimonial dispute by the courts. It was said that there has been an outburst of matrimonial disputes in recent times. Marriage is a sacred ceremony, the main purpose of which is to enable the young couple to settle down in life and live peacefully. But little matrimonial skirmishes suddenly erupt which often assume serious proportions resulting in commission of heinous crimes in which elders of the family are also involved with the result that those who could have counselled and brought about rapprochement are rendered helpless on their being arrayed as accused in the criminal case. There are many other reasons which need not be mentioned here for not encouraging matrimonial litigation so that the parties may ponder over their defaults and terminate their disputes amicably by mutual agreement instead of fighting it out in a court of law where it takes years and years to conclude and in that process the parties lose their “young” days in chasing their “cases” in different courts.
14. There is no doubt that the object of introducing Chapter XX-A containing Section 498-A in the Indian Penal Code was to prevent torture to a woman by her husband or by relatives of her husband. Section 498-A was added with a view to punishing a husband and his relatives who harass or torture the wife to coerce her or her relatives to satisfy unlawful demands of dowry. The hypertechnical view would be counterproductive and would act against interests of women and against the object for which this provision was added. There is every likelihood that non-exercise of inherent power to quash the proceedings to meet the ends of justice would prevent women from settling earlier. That is not the object of Chapter XX-A of the Indian Penal Code.
15. In view of the above discussion, we hold that the High Court in exercise of its inherent powers can quash criminal proceedings or FIR or complaint and section 320 of the code does not limit or affect the powers under section 482 of the code.
Citations : [2003 ACR SC 2 1305], [2003 AIR SC 1386], [2003 ALD CRI 1 842], [2003 ALR 51 222], [2003 ALT CRI 2 60], [2003 ALT SC 5 4], [2003 CALLT SC 3 32], [2003 CGLJ 2 35], [2003 CTC 3 54], [2003 DMC SC 1 524], [2003 GLH 2 351], [2003 JKJ SC 2 439], [2003 JT SC 3 277], [2003 KLT SC 2 1062], [2003 OLR 2 101], [2003 RCR CRIMINAL 2 888], [2003 SCALE 3 214], [2003 SCC 4 675], [2003 SCR 2 1104], [2003 UC 2 827], [2003 UJ 2 953], [2003 SCC CRI 848], [2003 CRI LJ 2028]
Other Sources :
https://indiankanoon.org/doc/469138/
https://www.casemine.com/judgement/in/5609adc9e4b0149711412459
Another landmark judgment which cites this judgment is here.
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