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True Colors of a Vile Wife

Author: ShadesOfKnife

Neeraj Aggarwal Vs Veeka Aggarwal on September 19, 2007

Posted on April 20, 2018 by ShadesOfKnife

This is a Judgment of District Judge of Rohini Court Delhi ordering no maintenance to a wife who is a qualified engineer and that she also joined the job after her marriage. Moreover, she did not disclose same in her application

Those seeking justice and equity from the Court must come to the court with clean hands. It seems that for obvious reasons and to extract money the applicant/ wife has not disclosed her true qualifications in the Court. The applicant/ wife is an engineer graduate and, therefore, can very well maintain herself and there is no need for her to depend upon the mercy of her parents or on the non-applicant/ husband. The purpose of Section 24 of H.M. Act is not to extract money from the other party and the court should not be a forum to extract the money or to blackmail the other party. 

Neeraj Aggarwal Vs Veeka Aggarwal on September 19, 2007

Citations:

Indiankanoon.org or Casemine link:

Posted in District or Sessions or Magistrate Court Judgment or Order or Notification | Tagged HM Act Sec 24 - Interim Maintenance Granted Maintenance Neeraj Aggarwal Vs Veeka Aggarwal Perjury - Approached Court with Unclean Hands | 2 Comments

G.Chilakamma Vs G.Sattaiah on 20 February, 2003

Posted on April 18, 2018 by ShadesOfKnife

Here is a AP High Court judgment aligning to the principle of fixing 1/3rd of Salary as Maintenance as well as Monthly Interim Maintenance under Hindu Adoptions and Maintenance Act, 1956.

 

“…finding had been recorded even by the appellate Court that the principle of 1/3rd salary can be taken as the basis for fixing the quantum. Hence, in this view of the matter, the judgment and decree of the Court of first instance granting Rs. 800/- per month are liable to be restored.

 

The reasons why the difference of amount had been granted for the said period and the subsequent period, had not been recorded. it would be just and reasonable to grant the same quantum of maintenance of Rs. 800/- during the period of pendency of the suit also.

G. Chilakamma Vs G. Sattaiah on 20 February, 2003

Citation : 2003 (4) ALD 219, 2003 (5) ALT 354

Indiankanoon.org link : https://indiankanoon.org/doc/232227/


 

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged G.Chilakamma Vs G.Sattaiah HAM Act Sec 18 - Interim Maintenance Granted HAM Act Sec 23 - Interim Maintenance Granted Hindu Adoptions and Maintenance Act 1956 HM Act Sec 24 - One Third Salary As Interim Maintenance Legal Procedure Explained - Interpretation of Statutes Maintenance | Leave a comment

Decisions of Civil Courts are binding on the Criminal Courts

Posted on April 16, 2018 by ShadesOfKnife

Listed here are Judgments in support of legal point

Decisions of Civil Courts are binding on the Criminal Courts

  1. Karam Chand Ganga Prasad And Anr. Vs Union Of India (Uoi) And Ors. on 12 October, 1970
  2. Battula Siva Nageshwar Rao Vs Jasti Venkateswara Rao & Another on 31 March, 2016
  3. Krishan Jeet Singh Vs State Of Haryana on 3 October, 2002
  4.  
Posted in Assorted Court Judgments or Orders or Notifications | Tagged Catena of Landmark Judgments Referred/Cited to Civil Courts Decisions Binding Criminal Courts Legal Procedure Explained - Interpretation of Statutes | Leave a comment

IPC 425 – Mischief

Posted on April 15, 2018 by ShadesOfKnife

425. Mischief.

—Whoever with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public or to any person, causes the destruction of any property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, or affects it injuriously, commits “mischief”.

Explanation 1.—It is not essential to the offence of mischief that the offender should intend to cause loss or damage to the owner of the property injured or destroyed. It is sufficient if he intends to cause, or knows that he is likely to cause, wrong­ful loss or damage to any person by injuring any property, wheth­er it belongs to that person or not.

Explanation 2.—Mischief may be committed by an act affecting property belonging to the person who commits the act, or to that person and others jointly.

Illustrations

(a) A voluntarily burns a valuable security belonging to Z in­tending to cause wrongful loss to Z. A has committed mischief.
(b) A introduces water into an ice-house belonging to Z and thus causes the ice to melt, intending wrongful loss to Z. A has committed mischief.
(c) A voluntarily throws into a river a ring belonging to Z, with the intention of thereby causing wrongful loss to Z. A has com­mitted mischief.
(d) A, knowing that his effects are about to be taken in execu­tion in order to satisfy a debt due from him to Z, destroys those effects, with the intention of thereby preventing Z from obtain­ing satisfaction of the debt, and of thus causing damage to Z. A has committed mischief.
(e) A, having insured a ship, voluntarily causes the same to be cast away, with the intention of causing damage to the under-writers. A has committed mischief.
(f) A causes a ship to be cast away, intending thereby to cause damage to Z who has lent money on bottomry on the ship. A has committed mischief.
(g) A, having joint property with Z in a horse, shoots the horse, intending thereby to cause wrongful loss to Z. A has committed mischief.
(h) A causes cattle to enter upon a field belonging to Z, intend­ing to cause and knowing that he is likely to cause damage to Z’s crop. A has committed mischief.
Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged IPC 425 - Mischief | Leave a comment

Battula Siva Nageshwar Rao Vs Jasti Venkateswara Rao & Another on 31 March, 2016

Posted on April 15, 2018 by ShadesOfKnife

AP High Court delivered this Quash verdict reiterating that ‘Decisions of Civil Courts are binding on the Criminal Courts‘

 

Battula Siva Nageshwar Rao Vs Jasti Venkateswara Rao & Another on 31 March, 2016

 

Read about Section 383 of IPC by clicking here.

Read about Section 427 of IPC by clicking here.

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged Civil Courts Decisions Binding Criminal Courts CrPC 482 - Saving of inherent powers of High Court IPC 383 - Extortion Quash | Leave a comment

IPC 427 – Mischief causing damage to the amount of fifty rupees

Posted on April 15, 2018 by ShadesOfKnife

427. Mischief causing damage to the amount of fifty rupees.

—Whoever commits mischief and thereby causes loss or damage to the amount of fifty rupees or upwards, 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 427 - Mischief causing damage to the amount of fifty rupees | Leave a comment

IPC 383 – Extortion

Posted on April 15, 2018 by ShadesOfKnife

383. Extortion.

 

—Whoever intentionally puts any person in fear of any injury to that person, or to any other, and thereby dishon­estly induces the person so put in fear to deliver to any person any property or valuable security, or anything signed or sealed which may be converted into a valuable security, commits “extor­tion”.

Illustrations

(a) A threatens to publish a defamatory libel concerning Z unless Z gives him money. He thus induces Z to give him money. A has committed extortion.
(b) A threatens Z that he will keep Z’s child in wrongful con­finement, unless Z will sign and deliver to A a promissory note binding Z to pay certain monies to A. Z signs and delivers the note. A has committed extortion.
(c) A threatens to send club-men to plough up Z’s field unless Z will sign and deliver to B a bond binding Z under a penalty to deliver certain produce to B, and thereby induces Z to sign and deliver the bond. A has committed extortion.
(d) A, by putting Z in fear of grievous hurt, dishonestly induces Z to sign or affix his seal to a blank paper and deliver it to A. Z signs and delivers the paper to A. Here, as the paper so signed may be converted into a valuable security. A has committed extor­tion.
Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged IPC 383 - Extortion | Leave a comment

Krishan Jeet Singh Vs State Of Haryana on 3 October, 2002

Posted on April 15, 2018 by ShadesOfKnife

This is from Punjab and Haryana High Court in a 498A, 406 case.

IPC 498a Not Made Out

The Civil Court in the divorce proceedings filed by Complainant has also held that the allegations levelled against the defendants that they had demanded the dowry and harassed the complainant have been found false.

This Court is of opinion that in such a short span of 13 days, demand of dowry, as has been alleged by the petitioner, could not have been made by the respondent or his family members.

This Court is conscious of a fact that in these days when the number of divorce petitions are increasing in our society, this is one of the easiest allegations to level against the husband by the wife. It is easy to level it but it is very difficult to prove the same.

Judge has allowed the divorce on the ground that the marriage between the parties is a dead marriage.

IPC 406 Not Made Out

There is no specific allegation in the complaint regarding the entrustment of dowry articles as to whom the articles were given. When there is no specific allegation, the charge cannot prove.

Krishan Jeet Singh Vs State Of Haryana on 3 October, 2002

Citations: [2

Other Source links:


Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from main.sci.gov.in/judgments, 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 Punjab & Haryana Judgment or Order or Notification | Tagged Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations Civil Courts Decisions Binding Criminal Courts IPC 406 - Not Made Out IPC 498a - Not Made Out Not Authentic copy hence to be replaced Work-In-Progress Article | Leave a comment

Karam Chand Ganga Prasad And Anr. Vs Union Of India (Uoi) And Ors. on 12 October, 1970

Posted on April 15, 2018 by ShadesOfKnife

Here is the landmark Supreme Court judgement reiterating that ‘Decisions of Civil Courts are binding on the Criminal Courts‘

 

Karam Chand Ganga Prasad And Anr. Vs Union Of India (Uoi) And Ors. on 12 October, 1970
Posted in Supreme Court of India Judgment or Order or Notification | Tagged Civil Courts Decisions Binding Criminal Courts Karam Chand Ganga Prasad And Anr. Vs Union Of India (Uoi) And Ors. Landmark Case | Leave a comment

Bomma Ilaiah Vs The State Of A.P. Rep. By Public on 9 January, 2003

Posted on April 14, 2018 by ShadesOfKnife

This is an interesting Judgment of AP High Court whereby the accused is acquitted under IPC 498A (max punishment is 3 years) but convicted under IPC 325 (max punishment is 7 years) !!

Section 325 in The Indian Penal Code
325. Punishment for voluntarily causing grievous hurt.
—Whoever, except in the case provided for by section 335, voluntarily causes grievous hurt, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

 

Bomma Ilaiah Vs The State Of A.P. Rep. By Public on 9 January, 2003

Citations: [2

Other Source links:


Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from main.sci.gov.in/judgments, 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 Andhra Pradesh Judgment or Order or Notification | Tagged Bomma Ilaiah Vs The State Of A.P. IPC 325 - Punishment for voluntarily causing grievous hurt IPC 498a - Not Made Out Not Authentic copy hence to be replaced Work-In-Progress Article | Leave a comment

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