In this case, the advocate asked for a percentage of the alimony amount from the Knife !!
Author: ShadesOfKnife
Shalu Ojha Vs Prashant Ojha on 18 September, 2014
Interesting act of counsel !!
In Para 14,
Strangely, when the appellant’s application for the payment of current maintenance in C.M. No.18869 of 2013 was listed on 27.5.2014 before the High Court along with other connected matters in Appeal (Crl. Misc. Case No.1975 of 2013) preferred by the respondent, the application of the appellant was dismissed as “not pressed” on representation made by the counsel appearing for the appellant. The
appellant appeared in person before us and made a statement that such instructions not to press the application were never given to the counsel who appeared in the High Court and hence the present appeal.
The same parties have been fighting DVC case still and the case number at Apex Court is “Petition(s) for Special Leave to Appeal (Crl.) No(s). 3935/2016“.
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Sanjaya Narayan Sahoo Vs State Of Odisha on 1 May, 2018
Another instance of advocate fraud this time whereby an advocate demanding percentage on the permanent alimony is against professional ethics which is not permissible in law.
Bobbili Ramakrishna Raju Yadav Vs State of AP Rep. By Its Public on 19 January, 2016
A key legal point enunciated by Hon’ble Supreme Court in this judgment.
In Para 13,
Giving of dowry and the traditional presents at or about the time of wedding does not in any way raise a presumption that such a property was thereby entrusted and put under the dominion of the parents-in-law of the bride or other close relations so as to attract ingredients of Section 6 of the Dowry Prohibition Act.
Geeta Mehrotra and Anr Vs State Of U.P. and Anr on 17 October, 2012
This is a popular quash judgment from Hon’ble Supreme Court in a case of IPC 498A, IPC 504, IPC 506 and 3 & 4 of DP Act.
The grounds on which quash is done are
- No territorial jurisdiction
- No specific allegations on accused
- No justification for delay of 7 years in filing complaint
Indiankanoon.org link: https://indiankanoon.org/doc/125470413/
Citations: [(2012) 10 SCC 741]
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
Banti And Others vs State Of U.P. And Another on 31 August, 2012
This is a interesting judgment from Allahabad High court where the Hon’ble Judge has, in detail, elaborated the procedure of application of discharge and various allied aspects such as CrPC 239, CrPC 244, CrPC 245 and CrPC 246.
CrPC 179 – Offence triable where act is done or consequence ensues
179. Offence triable where act is done or consequence ensues.
When an act is an offence by reason of anything which has been done and of a consequence which has ensued, the offence may be inquired into or tried by a Court within whose local jurisdiction such thing has been done or such consequence has ensued.
CrPC 177 – Ordinary place of inquiry and trial
177. Ordinary place of inquiry and trial.
Every offence shall ordinarily be inquired into and tried by a Court within whose local jurisdiction it was committed.
Article 142 of The Constitution Of India
142. Enforcement of decrees and orders of Supreme Court and unless as to discovery, etc
( 1 ) The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or orders so made shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by order prescribe
(2) Subject to the provisions of any law made in this behalf by Parliament, the Supreme Court shall, as respects the whole of the territory of India, have all and every power to make any order for the purpose of securing the attendance of any person, the discovery or production of any documents, or the investigation or punishment of any contempt of itself
CrPC 178 – Place of inquiry or trial
178. Place of inquiry or trial.
(a) When it is uncertain in which of several local areas an offence was committed, or
(b) where an offence is committed, partly in one local area and partly in another, or
(c) where an offence, is a continuing one, and continues to be committed in more local areas than one, or
(d) where it consists of several acts done in different local areas, it may be inquired into or tried by a Court having jurisdiction over any of such local areas.
