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Shades of Knife

True Colors of a Vile Wife

Author: ShadesOfKnife

Are BCI and State Bar Councils Statutorily empowered to Levy Fees for Transfer of Enrollment?

Posted on June 27 by ShadesOfKnife

After this case here, now again, I am conflicting with Bar Council of Andhra Pradesh (BC-AP) and Bar Council of India (BCI) regarding their charging of illegal Fees for Transfer of Enrollment from one State Bar to another. This violates the Section 18 – Transfer of name from one State roll to another of Advocates Act 1961.

In total both Bar Council usurped a total of Rs.7750/- from me to do a task for which the Parliament set a fee. Zero.

1. Fees charged by Bar Council of AP to provide me the NOC : Rs.2000/- (Bankers Check. No. 631280 in the name of Bar Council of Andhra Pradesh)
2. Fees charged by Bar Council of India to provide me the Transfer Order : Rs.5000/- (D.D. No. 631341 in the name of Secretary, Bar Council of India)
3. Fees charged by Bar Council of AP to issue an endorsement for me (in Original): Rs.750/- (D.D. No. 415310 in the name of Secretary, Bar Council of Andhra Pradesh)

It is frustrating to note that the people who run these statutory bodies, despite being fully aware what they are doing is illegal. No excuse or mercy to be shown to such unscrupulous people.


On 24-Jun-2026, I sent the secretaries of both Bar Councils an email demanding my fees to be returned. Of course, I am not in any delusion that they will comply with my demand. These lot are think skinned. This is just prerequisite before filing a Writ Petition.

2026-06-24 Return of fees illegally charged by AP Bar Council and Bar Council of India

Subsequently On 24-Jun-2026, I sent a representations to both Bars through Speed Post which were delivered on 29-Jun-2026. Now to wait for response, if any. Meanwhile the WP earlier prepared needs to be updated.


  • 08-July-2026
    • Relocated to Bengaluru, this time to become as an Advocate, for many reasons. Can be closer to aged parents (Bengaluru is around 200 Kms away from Anantapur), High Court and 5-6 Trial Court Complexes in Bengaluru are just around 4-5 Kms away from each other, Higher Income prospect, Cooler climate, Telugu is known to almost everyone in Bengaluru, Suprajaa being already enrolled since 4 years here.
    • Settled in the Tilaknagar, Jayanagar PG.
  • 09-July-2026
    • Visited Karnataka State Bar Council (KSBC) only to realize even these bastards are charging fees to process enrollment transfers. Time to screw them legally. It seems I am going to have a grand welcome in Karnataka.
    • Gathered sample WPs and decided to send the representation first, as required by a High Court.
  • 11-July-2026
    • Sent the representation from Anantapur vide Consignment Number: EN537735595IN. It reached KSBC on 14-Jul-2026.
    • 2026-07-11 Representation to KSBC
    • Now to investigate if the fees came down to statutory Rs.750/- from Rs.7500/- or not. If no change, will file WP by upcoming Independence Day.
  • 23-July-2026
    • Through a friend, realized that KSBC has not moved away from the illegal fees of Rs.7500/- and that the split of the fees is Rs.2000/- goes to the bigboss at New Delhi, BCI, Rs.2000/- goes to this State Bar Council and the balance of Rs.3500/- is towards fees/premium of mandatory/forced Welfare scheme/scam. So, they will only listen to that language they understand well. I also met a clerk today at High Court who informed me that I need to wait only for 15 days before filing the WP, so 29-Jul-2026 is a good date to file the WP.

Index of Bar Council Antics here.


Index to my Life Goals is here.

Posted in Judicial Activism (for Public Benefit) | Tagged Advocates Act Sec 18 - Transfer of name from one State roll to another Are BCI and State Bar Councils Statutorily empowered to Levy Fees for Transfer of Enrollment? | Leave a comment

RS Tamilvendan Vs The Secretary and Ors on 21 May 2026

Posted on June 25 by ShadesOfKnife

A division bench of Madras High Court held as follows,

From Para 5,

5. None can deny there is corruption in the Judiciary. There were and are corrupt Judges. While addressing a legal conference in Kollam, Kerala, former CJI Bharucha implied that 20 per cent of the Judges in this country were corrupt. The startling statement made by the Bhushans (father and son duo) is still in public memory. We would not go that far. We refuse to even endorse such sweeping statements. But, we do know and have come across instances of judicial corruption. The Full Court of the Madras High Court regularly shows the exit door to such black sheep. The Supreme Court acknowledged in High Court of Judicature at Bombay -vs- V.Shirish Kumar Rangrao Patil (1997) 6 SCC 339 that the cancerous cells of corruption constantly keep creeping into the vital veins of the judiciary. It was also observed that the need to stem it out by judicial surgery lies on the judiciary itself by its self imposed or corrective measures or disciplinary action under Article 235 of the Constitution. Corruption in Judiciary cannot be committed without some members of the Bar becoming privy to the corrupt. The vigilant watch by the High Court is the sustaining stream to catch the corrupt and to deal with the situation appropriately.

From Para 15,

15. Judges need not be treated as holy cows. Justice is not a cloistered virtue; she must be allowed to suffer the scrutiny and respectful even though outspoken comments of ordinary men (Lord Atkin). But the lack of respect in the movie dialogues would not make any difference to us. In Sheela Barse -vs- Union of India (1988) 4 SCC 226, it was observed that criticism of judicial functioning is a healthy aid for introspection and improvement and that it is the privileged right of the Indian citizens to believe what he considers to be true and to speak out his mind, though not, perhaps, with the best of tastes; and speak perhaps, with greater courage than care for exactitude. Judiciary is not exempt from criticism. Judicial institutions are, and should be made of stronger stuff. Debates of public issues should be uninhibited, robust and wide open. It may well include vehement, sarcastic and sometimes unpleasant sharp criticism of Government and public officials (D.C.Saxena -vs- Hon’ble Chief Justice of India, 1996 (5) SCC 216). We would add by including Courts and Judges also. Judges are not above criticism. In Foundation Inc -vs- ANI Media (P) Ltd (2025) 10 SCC 353, it was suggested that Courts should welcome debates and constructive criticism.

RS Tamilvendan Vs The Secretary and Ors on 21 May 2026
Posted in High Court of Madras Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision RS Tamilvendan Vs The Secretary and Ors | Leave a comment

Vijay R. Nair Vs Lijitha on 12 Jun 2026

Posted on June 24 by ShadesOfKnife

A division bench of Kerala High Court held that since the wife contracted a second marriage, the issue of permanent alimony requires fresh adjudication. Phew… 20 Lakhs is a big amount. Hopefully saved.

From Para 11,

11. On the issue of award of permanent alimony of Rs.20,00,000/- to be respondent, we find, as rightly pointed out by the learned counsel for the appellant, that the finding of the court below was rendered in the absence of any evidence adduced on behalf of the appellant. While under normal circumstance, this Court would have been loathe to accept the request of the appellant for a remand of this issue to the court below for fresh adjudication, we find that, in the light of the changed circumstances where the respondent has contracted a second marriage during the pendency of this appeal, the issue of entitlement of the respondent to permanent alimony and the quantification thereof, would have to be necessarily gone into by the court below as and when an application under Section 25(3) of the Hindu Marriage Act is preferred before it by the appellant. That being the case, we deem it appropriate to set aside the judgment and decree of the court below, to the extent it awards permanent alimony of Rs.20,00,000/- to the respondent, and remit the matter to the court below for a fresh adjudication on the said issue after affording the parties an opportunity to lead evidence before it. While doing so, we would also request the Court below to complete the fresh adjudication on this issue within two months from the date of receipt of a copy of the judgment.

Vijay R. Nair Vs Lijitha on 12 Jun 2026

Citations:

Other Sources:

 


Index of Divorce Judgements is here.

Posted in High Court of Kerala Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision HM Act 25 - Permanent Alimony Denied HM Act Sec 13 - Divorce Granted to Wife HM Act Sec 15 - Divorced Persons When May Marry Again Vijay R. Nair Vs Lijitha | Leave a comment

Pavul Yesu Dhasan Vs Registrar SHRC of TN and Ors on 30 Apr 2025

Posted on June 18 by ShadesOfKnife

A division bench of Supreme Court held that there was a violation of human rights on the part of the Police Inspector, who failed to register FIR and abused the mother of the complainant.

From Para 6,

6. The facts of this case, to say the least, are shocking. The third respondent visited the Police Station for lodging a complaint along with his parents. The complaint was handed over to a Sub-Inspector of Police who stated that since the transaction has taken place at three different places, he cannot accept the same and he could receive the same only after the Inspector of Police looks at it. He stated that the Inspector was not likely to come to the Police Station on that day. Therefore, he gave a cell phone number of the Inspector to the respondent. The third respondent’s mother on the same day tried to contact the present appellant who was the Inspector of Police. After talking to the third respondent’s mother, the appellant cut off the phone call. Therefore, as per the instructions received, the third respondent with his parents again visited the Police Station at 5.00 p.m. They were asked to wait till arrival of the appellant who was the Inspector of Police. Ultimately, he arrived at 8.30 p.m. Very objectionable language was used by the appellant while talking to the third respondent’s mother which is noted in paragraph (4) of the impugned judgment of the State Human Rights Commission.
7. All that the third respondent wanted is registration of FIR based on his complaint. Though law is well settled, the Sub-Inspector did not register the crime. The appellant being a senior officer ought to have immediately registered the FIR. However, not only he refused to do it but used very objectionable language, while talking to the third respondent’s mother.

Pavul Yesu Dhasan Vs Registrar SHRC of TN and Ors on 30 Apr 2025

Citations:

Other Sources:

 


The impugned Order of the Madras High Court is here.

Pavul Yesu Dhasan Vs Registrar SHRC of TN and Ors on 17 Aug 2022

 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Pavul Yesu Dhasan Vs Registrar SHRC of TN and Ors Police Antics | Leave a comment

Manoj Kumar Vs Nita Bharti on 17 Mar 2026

Posted on June 17 by ShadesOfKnife

A division bench of Patna High Court, used “Doctrine of frustration” in addition to Cruelty to dissolve a marriage registered under the Special Marriage Act, 1954.

From Paras 39,

39. But, at same time, we are also mindful of the legal position that we cannot exercise power under Article 142 of the Constitution of India for complete justice.
40. At this juncture, our judicial consciousness poses a question to us: being a constitutional court “are we helpless?”. This is particularly so, when we are convinced that respondent/applicant cannot perform her marital obligation with appellant due to the aforesaid compelling circumstances.
41. Hence, this is an occasion to view the present episode in a more progressive manner by importing the “Doctrine of frustration”.
42. As a Constitutional Court it is of paramount importance to touch upon all the possible scenarios, which can result in delivery of justice. Solemnization of marriage is a pious concept which does not only involve a husband and wife but society at large. And keeping in view the best interest of the parties, best possible way to deliver justice should be adopted. The court highlights that “Justice should not only be done, but must also be seen to be done”. Going with the essence of above mentioned phrase, the court will fail in its duty, if it will not discuss the prospective probabilities which can ensure the just, reasonable and conscious delivery of justice.
43. The Indian Jurisprudence suggests that “Procedural law is the handmaid of Justice and not its mistress”, which enables the court to adopt flexible approach rather than taking a rigid view of the prescribed law.
44. At the outset, it is not in dispute that the marriage between the parties was solemnized in accordance with law under the Special Marriage Act, 1954 and continued for a certain period, thereby creating a legally valid and subsisting matrimonial bond. The statutory presumption attached to such marriage stands fortified by the mandate of Section 13(2) of the Act, which accords conclusiveness to the certificate of marriage.
45. It must be acknowledged that though marriage is not a commercial contract, it undeniably embodies a bundle of reciprocal obligations—cohabitation, fidelity, companionship, emotional support, and exclusivity. Where these foundational obligations stand extinguished not by mere estrangement but by subsequent conduct that legally and morally negates the marital bond, the continuance of marriage becomes impossible in substance. In such circumstances, the Court cannot remain bound by the mere form of the relationship when its essence has ceased to exist.

From Para 46,

46. …. The doctrine of frustration, embodied in Section 56 of the Indian Contract Act, is founded on the principle that law does not compel performance of that which has become impossible. When applied in the matrimonial context, particularly to civil marriages under the Special Marriage Act, this principle manifests in situations where the foundation of marriage— cohabitation, consortium, mutual obligations—stands irretrievably destroyed.
47. The doctrine of frustration, as evolved in contract law, operates where an unforeseen event renders the performance of obligations impossible or destroys the very foundation upon which the relationship rests. Transposed into matrimonial jurisprudence, the doctrine applies where the substratum of marriage—mutual trust, exclusivity, and consortium—is irreversibly destroyed, leaving no scope for restoration. The law, in such a situation, must recognize reality over fiction.
48. The present case transcends the conventional doctrine of irretrievable breakdown of marriage. Irretrievable breakdown of marriage contemplates a situation where the marriage has failed due to prolonged separation, incompatibility, or absence of cohabitation. It is not merely a case where the
marriage has failed due to incompatibility or prolonged separation; rather, it is one where subsequent events—most notably the lawful remarriage of the respondent-wife and the birth of a child—have rendered the performance of marital obligations wholly impossible. The doctrine of frustration, as invoked herein, goes a step further—it applies where the very performance of marital obligations has become impossible due to supervening circumstances. The impossibility herein operates at multiple levels—moral, practical, and legal—thereby justifying the application of a doctrine analogous to frustration in order to recognize reality over legal fiction.

From Para 54,

54. While it is true that the doctrine of frustration, in its strict contractual sense, is not directly applicable to matrimonial law, the underlying principle—that a relationship rendered incapable of performance by supervening circumstances ought not to be artificially preserved—can be judiciously invoked. Constitutional courts are empowered to adopt Purposive Interpretation to advance justice and to put an end to litigation. The Rule of interpretation suggests that Constitutional Courts must be at work to fulfill the legislative intent. Marriage, though not a commercial contract, embodies reciprocal and enforceable obligations such as cohabitation, fidelity, companionship, and exclusivity. Where these essential obligations stand extinguished, not merely by estrangement but by subsequent conduct that negates the very foundation of the marriage, the continuance of such a bond becomes impossible in substance.

From Para 57,

57. In view of the above, this Court is of the considered opinion that the present case represents a rare but compelling situation where the doctrine of frustration must be invoked in matrimonial law.
58. The marriage, though validly solemnized, has lost its essential character due to subsequent events that render its continuation impossible. The legal bond survives only as a shell, devoid of substance, purpose, or enforceability. To compel parties to remain in such a relationship would amount to enforcing a legal fiction at the cost of justice. The law cannot insist upon the preservation of a bond that has ceased to exist in every meaningful sense.
59. Therefore, in order to do complete justice, to uphold the dignity of the parties, to secure the welfare of the child, and to serve the broader interests of society, this Court finds it appropriate to dissolve the marriage by applying the doctrine of frustration, treating the matrimonial bond as having become incapable of performance.
60. Accordingly, marriage of OP/appellant namely, Manoj Kumar @ Munna stands dissolved with respondent/applicant namely, Nita Bharti.

From Para 74 (Concurring Opinion)

74. Thus, “Doctrine of frustration” which has been introduced by my esteemed brother as a ground of divorce is supplemented by me holding inter alia that continuous uninterrupted, prolonged separation by and between the parties had caused deep frustration in the core of their heart, such frustration caused by the other spouse is a form of cruelty within the meaning of Section 27 (1) (d) of Special Marriage Act.

Manoj Kumar Vs Nita Bharti on 17 Mar 2026

Citations:

Other Sources:

 


Index of Divorce Judgments is here.

Posted in High Court of Patna Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Article 142 - Enforcement of decrees and orders of Supreme Court and orders as to discovery etc Divorce Granted on Cruelty ground Divorce Granted to Husband Doctrine of Frustration Irretrievable Breakdown of Marriage Legal Procedure Explained - Interpretation of Statutes Manoj Kumar Vs Nita Bharti | Leave a comment

Are Offices of Dowry Prohibition Officers in AP designated as Police Stations?

Posted on June 3 by ShadesOfKnife

Continuing from Round-1 litigation here, this page captures the Round-2 litigation efforts.


Now that the Respondent #3 in WP(PIL).No. 115/2025 admitted to AP High Court that Dowry Advisory Boards were activated hurriedly from August 2025, the next step was to check if the Dowry Prohibition Officers are actually performing the DPO Activities (specifically the 6 police powers) as the Government of Andhra Pradesh mandates under G.O.Ms.No. 69 dt: 24-Jun-1989. I filed RTI applications as mentioned below and the summary of the replies is captured in an Excel tracker.

On 05-Jun-2026, based on some of my observations, I sent an email representation to the District Collectors (who are designated as Chairmen/Chairperson of the District Dowry Advisory Boards u/s 8B(4) of the Dowry Prohibition Act, 1961) giving my ‘suggestions’ on 6 aspects. The following is that email. Around 50 email IDs failed.

2026-06-05 Email Representation to the Chairs of Advisory Boards in AP

Quite a few replies received to my original RTI application filed in March 2026. Prepared the following summary.

Tracking of RTI Replies


The representation reached the Revenue Department on 15-Jun-2026 (Speed Post Consignment/Tracking Number: EN538130321IN). Now wait for four weeks for any response and then file the WP(PIL) before APHC.

 


 

Posted in Judicial Activism (for Public Benefit) | Tagged Are Dowry Prohibition Officers in AP designated as Police Stations? Dowry Prohibition Act 1961 DP Act 8B - Dowry Prohibition Officers | Leave a comment

Pune Bar Association Vs Union of India on 22 May 2026

Posted on June 2 by ShadesOfKnife

A full bench of Supreme Court of India decided this issue, inconclusively.

Problem Statement, simply put is,

From Para 1,

1. Petitioner, Pune Bar Association, contends that Section 63(4) of Bharatiya Sakshya Adhiniyam, 20231, read with the Schedule thereto is unconstitutional as it imposes undue hardship on an ordinary litigant by requiring submission of a certificate prescribed in the Schedule comprising Part A which needs disclosure of the hash value of digital records, and Part B which must be signed by an expert. Ld. Counsel argues imposition of such pre-requisites for admissibility of electronic records is an extremely onerous obligation on a litigant and renders the provision manifestly arbitrary and unjust.

From Para 7,

7. If the two sub-sections are read harmoniously, it is possible to hold, in addition to entities notified as Examiner of Electronic Evidence under Section 79A, if the Court is satisfied, on the basis of unimpeachable material, that any other person has special skill and expertise in computer science and cyber forensics, opinion of such person may be held relevant as an expert with regard to electronic/digital record and such person may sign Part B of the Schedule as an expert. We are further fortified to make such observation as sub-section (2) of Section 39 (unlike 63(4) and erstwhile 65B) is not prefaced by a non-obstante clause so as to exclude the operation of sub-section (1) from the arena of electronic records. The High Court had deferred adjudication of such issue and directed the State to notify adequate number of persons under Section 79A. Under these circumstances, we hold that the finding of the High Court that Part B must be filled up by an expert notified under Section 79A of the IT Act shall not be treated as a binding precedent. As we are not inclined to admit the matter and issue notice upon the Union of India, we refrain from giving any conclusive opinion on this issue and keep the question of law open. With this clarification, the petition stands disposed of.

Pune Bar Association Vs Union of India on 22 May 2026

Citations: [2026 LiveLaw (SC) 551], [GIB-SC-2026-44]

Other Sources:

https://indiankanoon.org/doc/5836207/

https://taxguru.in/corporate-law/sc-upholds-section-634hash-requirement-ensures-authenticity-electronic-evidence.html

https://www.livelaw.in/top-stories/supreme-court-rejects-challenge-to-s634-bsa-mandating-hash-value-disclosure-for-electronic-evidence-535950

https://gstindia.biz/case-law/278/pune-bar-association-vs-union-of-india-and-others

https://www.lawweb.in/2026/05/section-634-bsa-supreme-court-clarifies.html


Index

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 3-Judge (Full) Bench Decision BSA Sec 63 - Admissibility of electronic records Evidence Act 65B - Admissibility of electronic records Landmark Case Legal Procedure Explained - Interpretation of Statutes Pune Bar Association Vs Union of India Reportable Judgement or Order | Leave a comment

Chidurala Shyamsubder Vs State of Telangana on 27 Aug 2018

Posted on May 28 by ShadesOfKnife

I came across the following snippet of post on 23-May-2026.

Pulled out the above Order by the High Court of Telangana, with little difficulty.

Jivani Sahil Firoz Ali Vs State of Telangana and Anr on 04 May 2026
.

I went to the decision relied on by this case/judge in Para-3 and obtained this wonderful common Order with respect of FSS Act 2006 by the erstwhile Combined High Court of Andhra Pradesh. When I read through it, I visualized the stark similarities between FSS Act 2006 and Dowry Prohibition Act 1961 (amended in 1984 and 1986), which I intend to take full advantage in a future PIL, by making a comparison of appointment, duties, powers of a Food Safety Officer vis-a-vis that of the Dowry Prohibition Officer. There is possibility of getting State police off the offences under DP Act, just like APHC held in this Order (gainfully relying on various other High Court judgments)

 

Chidurala Shyamsubder Vs State of Telangana on 27 Aug 2018

The efforts to be invested in this direction connect to this page here.

 

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged 1-Judge Bench Decision Catena of Landmark Judgments Referred/Cited to Chidurala Shyamsubder Vs State of Telangana | Leave a comment

Birendra Kumar Tiwari Vs Neetu Tiwari on 07 Dec 2022

Posted on May 27 by ShadesOfKnife

A single judge bench at High Court of Chhattisgarh held as follows while denying maintenance to a major daughter, who refused to live with father.

From Para 5,

5. It is explicit from impugned order that respondent has attained the majority and also pursuing B.A. final year. As per Section 125 Cr.P.C. to get maintenance daughter has to make out a case that she is unable to maintain herself or not attained the majority but in the present case, no such averment has been made. So the respondent is not entitled to get maintenance under Section 125 Cr.P.C. However, Section 20 (3) of the Hindu Adoptions and Maintenance Act, 1956 recognize rights of maintenance to children and it is statutory obligation of Hindu to maintain his or her daughter, who is unmarried and is unable to maintain herself out of her own earning of other property.

This kind judge gave her legal advice through this judgment. Still have the tendency to think like an advocate!

From Paras 7 and 8,

7. Therefore, in view of the proposition held in Abhilasha (Supra) the application filed by the respondent under Section 125 Cr.P.C before the Family Court is not maintainable. Further, this Court reserves liberty in favour of the respondent/daughter to take recourse to Section 20 (3) of the Hindu Adoptions and Maintenance Act, 1956, if so advised, for claiming any maintenance against her father.
8. Reserving the aforesaid liberty, this revision is allowed and the impugned order is hereby quashed.

Birendra Kumar Tiwari Vs Neetu Tiwari on 07 Dec 2022

Citations: [2022 Latest Caselaw 7369 Chatt],

Other Sources:

https://indiankanoon.org/doc/32464509/

https://www.casemine.com/judgement/in/639a08eae4e7915eb4d2599d

https://www.latestlaws.com/judgements/chattisgarh-high-court/2022/december/2022-latest-caselaw-7369-chatt/


Index of Maintenance Judgments u/s 144 BNSS is here.

Posted in High Court of Chhattisgarh Judgment or Order or Notification | Tagged 1-Judge Bench Decision Birendra Kumar Tiwari Vs Neetu Tiwari CrPC 125 or BNSS 144 - Maintenance Denied to Daughter | Leave a comment

Parvinder Singh Khurana Vs Enforcement of Directorate on 19 May 2026

Posted on May 26 by ShadesOfKnife

A division bench of the Apex Court held that an accused must be given an opportunity of hearing under the first proviso to Section 223(1) of the BNSS, even where the prosecution complaint was filed before July 1, 2024. The Court clarified that non-compliance with this requirement makes the cognizance order void ab initio.

From Para 27,

27. Though Chapter XVI of the BNSS lays down the procedural law dealing with complaints made to a Magistrate, we hold that the aforesaid proviso is substantive in nature, as it does not merely regulate the manner in which the proceedings are to be conducted, rather it confers a right upon the accused to be heard before taking cognizance which forms a part of the right of an accused to a fair trial enshrined under Article 21 of the Constitution of India, 1950. We further hold that the word “shall” occurring in the said proviso has to be construed to be mandatory in nature, which enures to the benefit of an accused. Resultantly, cognizance of an offence taken by a Court without due compliance of the aforestated proviso would be void ab initio.

The Bench observed that the proviso grants a substantive right to the accused and is part of the guarantee of fair trial under Article 21 of the Constitution. It further held that the word “shall” in the proviso is mandatory in nature.

From Para 29,

29. A substantive right conferred under the BNSS would definitely enure to the benefit of an accused against whom none of the proceedings envisaged under Section 531(2)(a) of the BNSS has been initiated. One has to see the nature of right. It is not a case of either a retrospective or retroactive application, rather it is a prospective one when a better right has been conferred under the BNSS.

 

The Court also ruled that ministerial acts like numbering a complaint and posting it for cognizance do not amount to an “inquiry” under Section 2(1)(k) BNSS.

From Para 34,

34. A mere ministerial act cannot be termed as an “inquiry” under Section 2(1)(k) of the BNSS. Taking cognizance is nothing but an application of judicial mind. So long as the application of the judicial mind is not exercised, an inquiry cannot commence. It is the judicial notice of an offence by the Court which is relevant. While doing so, it is presumed that the Court would take note of the complaint along with the materials placed before it.

From Para 36,

36. As rightly held by this Court in Hardeep Singh (supra), even the stage of ensuring compliance with Sections 207 to 209 of the CrPC, 1973 cannot be termed as an inquiry because there is no application of judicial mind. In the facts of the instant case, the direction issued by the Special Court, vide order dated 24.06.2024, to number the complaint and, thereafter, post the matter on a future date for hearing on cognizance would certainly not come within the purview of an “inquiry” under Section 2(1)(k) of the BNSS. In such view of the matter, the aforestated contention raised by the learned ASG falls to the ground.

Parvinder Singh Vs Enforcement of Directorate on 19 May 2026

Citations: [2026 INSC 519]

Other Sources:

https://indiankanoon.org/doc/46844204/

https://www.casemine.com/judgement/in/6a0efbcf3da19f224cfa1ec5

https://www.verdictum.in/supreme-court/parvinder-singh-v-directorate-of-enforcement-2026-insc-519-pmla-complaints-filed-before-bnss-1614403

https://thelexpedia.com/judgements/parvinder-singh-v-directorate-of-enforcement-2026

Cognisance of Complaint under PMLA

 


 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision BNSS 210 - Cognizance of Offences by Magistrate BNSS 223 - Examination of Complainant BNSS Sec 2(1)(k) - Definition of Inquiry Catena of Landmark Judgments Referred/Cited to Legal Procedure Explained - Interpretation of Statutes Parvinder Singh Khurana Vs Enforcement of Directorate | Leave a comment

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"కాపు టైగర్" అని జగన్ కితాబు ఇచ్చిన అంబటి రాంబాబుకి బ్రేక్ ఇచ్చింది కమ్మ రాయపాటి సాంబశివరావు

(ఇంకా చాలా మంది పేర్లు చెప్పాడు స్వయంగా అంబటి రాంబాబు, btw రాంబాబు కి ఇద్దరే కమ్మ అల్లుళ్ళు)

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Retweet on Twitter Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Retweeted
eclector1419857 Eclector @eclector1419857 ·
26 Jul

The 1997 Inter #paperleak was a major turning point in the way exams were conducted in #AndhraPradesh

Balayogi voluntarily resigned,it wasn't accepted by CBN.

It resulted in:
#Prevention of Malpractices Act
#Jumbling system for foolproof exams

Leak-accused: a #Congress fellow

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raginisingdeo Ragini 🇮🇳 @raginisingdeo ·
26 Jul

@Telugu360 Here is the photo attended by Convertor in chief yahan himself

South converts for a sack of rice and then they have the gall to make comments on North 😂😂

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