XXX Vs YYY on 27 Jul 2017

Posted on May 20, 2018 by ShadesOfKnife

This Maintenance order, under section 24 of Hindu Marriage Act, is modified ‘from the date of order’ to ‘from date of application’ by Karnataka High Court, thereby enormously enhancing the overall interim maintenance to be paid by husband.

XXX-Vs-YYY-on-27-Jul-2017-Parties-names-addresses-redacted

Index of Maintenance Orders under Hindu Marriage Act are here.

Note: Name and Address of the Petitioner and her family members are redacted upon her request emails dt: 05 Jul 2023 and 25 Apr 2025.

Also received another email Dt: 22-Jul-2025 from the Petitioner, annexed with two Orders from Karnataka High Court (in WP 15781 of 2024), which is mentioned here for transparency sake. These Orders were duly complied on 24-Jul-2025

IPC 354 – Assault or criminal force to woman with intent to outrage her modesty

Posted on May 20, 2018 by ShadesOfKnife

354. Assault or criminal force to woman with intent to outrage her modesty.

—Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will thereby outrage her modesty, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

IPC 354A here.

IPC 209 – Dishonestly making false claim in Court

Posted on May 20, 2018 by ShadesOfKnife

209. Dishonestly making false claim in Court.

—Whoever fraudulently or dishonestly, or with intent to injure or annoy any person, makes in a Court of Justice any claim which he knows to be false, shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine.

Subrata Roy Sahara Vs Union of India & Ors on 6 May, 2014

Posted on May 20, 2018 by ShadesOfKnife

Hon’ble Supreme Court has shown it’s disgust toward frivolous litigants in this case.

Relevant portions of the said judgment are as under:

“191. The Indian judicial system is grossly afflicted, with frivolous litigation. Ways and means need to be evolved, to deter litigants from their compulsive obsession, towards senseless and ill-considered claims. One needs to keep in mind, that in the process of litigation, there is an innocent sufferer on the other side, of every irresponsible and senseless claim. He suffers long drawn anxious periods of nervousness and restlessness, whilst the litigation is pending, without any fault on his part. He pays for the litigation, from out of his savings (or out of his borrowings), worrying that the other side may trick him into defeat, for no fault of his. He spends invaluable time briefing counsel and preparing them for his claim. Time which he should have spent at work, or with his family, is lost, for no fault of his. Should a litigant not be compensated for, what he has lost, for no fault?…”

Subrata Roy Sahara Vs Union of India & Ors on 6 May, 2014

HS Bedi Vs National Highway Authority Of India on 22 January, 2016

Posted on May 19, 2018 by ShadesOfKnife

This is a wonderful judgment from Justice J R Midha explaining in detail and elaborate what is an offence under Section 209 IPC and how to get the offender punished.

HS Bedi Vs National Highway Authority Of India on 22 January, 2016

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

Sulochana Vs Thiru. R.Sivasamy on Pronounced on 24 May, 2017

Posted on May 19, 2018 by ShadesOfKnife

The procedure to file a perjury case is detailed in this nice judgment from Madras High Court.

Sulochana vs Thiru. R.Sivasamy on Pronounced on 24 May, 2017

Chandra Kanjappa Kuchchikurwe Vs State Of Maharashtra & Anr. on 14 December, 2012

Posted on May 19, 2018 by ShadesOfKnife

Wonderful point:

Since the offences, with which the applicant is charged, are bailable, the anticipatory bail application is not maintainable

Read Paras 5-10

Even though Section 324 IPC is made non-bailable via Code of Criminal Procedure (Amendment) Act of 2005, (Act No.25 of 2005), but it was NOT appointed into force, by a notification in the Official Gazette by Central Government.

Chandra Kanjappa Vs State Of Maharashtra & Anr. on 14 December, 2012

Shelbin Vs State of Kerala on 16 February, 2018

Posted on May 19, 2018 by ShadesOfKnife

Anticipatory bail granted by Kerala High Court for offence under section 324 of IPC

Shelbin Vs State of Kerala on 16 February, 2018

Anticipatory Bail Orders

Posted on May 19, 2018 by ShadesOfKnife

Anticipatory bail granted in cases filed under various IPC sections. The bare section is here.

Supreme Court of India

Gurbaksh Singh Sibbia Etc Vs State Of Punjab on 9 April, 1980 [Landmark Judgment: AB valid until end of Trial; No FIR necessary for grant of AB]
Prahlad Singh Bhati Vs N.C.T. Delhi and Anr on 23 Mar 2001 [Guidelines for grant of bail even in a Non-bailable offence punishable with death or imprisonment for life]
Arnesh Kumar Vs State of Bihar and Anr on 2 July 2014 [Landmark Judgment: No automatic arrest in all cases with punishment less than or up to 7 years]
Siddharam Satlingappa Mhetre Vs State Of Maharashtra And Others on 2 December, 2010 [Landmark Judgment: AB valid until end of Trial]
Bhadresh Bipinbhai Sheth Vs State of Gujarat and Anr on 1 Sep 2015 [Ground for grant of AB]
Sushila Aggarwal and Ors Vs State (NCT of Delhi) on 15 May, 2018
- Sushila Aggarwal and Ors Vs State (NCT of Delhi) on 29 January 2020 [Landmark Judgment: AB valid until end of Trial]
Pradeep Ram Vs State of Jharkhand and Anr on 1 Jul 2019 [In a case where an accused has already been granted bail, the investigating authority on addition of an offence or offences may not proceed to arrest the accused, but for arresting the accused on such addition of offence or offences it need to obtain an order to arrest the accused from the Court which had granted the bail.]
Dr. Rajesh Pratap Giri Vs State of U.P. and Anr on 05 Mar 2021 [No need to go and obtain Regular Bail after filing of Charge sheet by IO, if Anticipatory Bail was granted earlier]
Udho Thakur Vs State of Jharkhand on 29 Sep 2022 [No Payments when allowing Anticipatory Bail]
Monirul Islam Vs The State of West Bengal on 01 Dec 2022 [AB cannot passed for a fixed time period]
Bimla Tiwari Vs State of Bihar and Ors on 16 Jan 2023 [Criminal Proceedings cannot be converted into Recovery Proceedings]
Kunal Choudhary Vs State of Jharkhand and Anr on 05 Dec 2023 [A condition to take wife to home is untenable while granting anticipatory bail]

Allahabad High Court

Javed Ahmad Vs State of U.P. and Anr on 13 Feb 2023 [Relies on Gurbaksh Singh Sibbia; FIR is not a pre-condition to grant AB, but Reasonable Apprehension Of Being Arrested has to be explained]

Bombay High Court

Chandra Kanjappa Kuchchikurwe Vs State Of Maharashtra & Anr. on 14 December, 2012

Kerala High Court

District Courts

In re:- Arnab Rao @ Arnad Roa

Index of all Bail matters is here.

Koshore Vs State of Kerala on 16 February, 2016

Posted on May 19, 2018 by ShadesOfKnife

Anticipatory bail granted under section 438 of IPC against an offence under section 324 of IPC (voluntarily causing harm).

Bail conditions

1) The petitioner shall appear before the Investigating Officer on all Saturdays in between 10 a.m and 12 noon for a period of two months.
2) The petitioner shall not commit similar offences during the bail period.
3) The petitioner shall not influence or intimidate the witnesses.
4) The petitioner shall co-operate with the investigation.

Koshore Vs State of Kerala on 16 February, 2016

Shades of Knife

True Colors of a Vile Wife

Author: ShadesOfKnife

XXX Vs YYY on 27 Jul 2017

IPC 354 – Assault or criminal force to woman with intent to outrage her modesty

IPC 209 – Dishonestly making false claim in Court

Subrata Roy Sahara Vs Union of India & Ors on 6 May, 2014

HS Bedi Vs National Highway Authority Of India on 22 January, 2016

Sulochana Vs Thiru. R.Sivasamy on Pronounced on 24 May, 2017

Chandra Kanjappa Kuchchikurwe Vs State Of Maharashtra & Anr. on 14 December, 2012

Shelbin Vs State of Kerala on 16 February, 2018

Anticipatory Bail Orders

Koshore Vs State of Kerala on 16 February, 2016