Do you know that there is time limit of 60 days to dispose of a Domestic Violence case in India under sec 12(5) of PWDV Act?

Posted on August 20, 2022 by ShadesOfKnife

Legislature set a time limit of 60 days for a Domestic Violence case to be disposed as prescribed under sec 12(5) of Protection of Women from Domestic Violence Act, 2005. Here are the Rules made under this Act. But the ground reality is totally different. And I decided to address this issue. Head-on.

NOTE: Since too much thought was going into decide if this matter has to dealt as a WP or a WP(PIL), I decided to do BOTH. First a WP/CrlP, for my individual case and then a WP(PIL) for public benefit.

RESULTS:

Won the individual battle here…
Won the PIL battle too despite it getting dismissed by the Honourables. Read further down this page.

Go here for other cases I dealt with personally…

Law in question (as it stands today):

12. Application to Magistrate.—
(1) An aggrieved person or a Protection Officer or any other person on behalf of the aggrieved person may present an application to the Magistrate seeking one or more reliefs under this Act:
Provided that before passing any order on such application, the Magistrate shall take into consideration any domestic incident report received by him from the Protection Officer or the service provider.
(2) xxxxx
(3) xxxxx
(4) xxxxx
(5) The Magistrate shall Endeavour to dispose of every application made under sub-section (1) within a period of sixty days from the date of its first hearing.

Support/Inspiration from some High Courts:

Andhra Pradesh High Court: https://www.shadesofknife.in/naresh-kumar-yalla-vs-state-of-telangana-on-21-jul-2022/
Karnataka High Court: https://www.shadesofknife.in/rajamma-h-vs-thimmaiah-v-on-09-jun-2022/
Telangana High Court: https://www.shadesofknife.in/p-parvathi-vs-pathloth-mangamma-on-7-jul-2022/ [Guidelines passed]
To-do: Find more useful judgments
To-do: Contact Chairpersons of State Women Commissions of various States and ask for timely implementation of DV Act.
To-do: Find oldest ‘pending’ DVC cases in each of the 13 districts of AP, to emphasize the traversity.

Current Status in AP:

Action Taken:

Filed RTI to all 13 District Judge Court Complexes in Andhra Pradesh seeking number of cases closed within 60 working days as prescribed u/s 12(5). If no cases disposed off in 3 years, strike down Sec 12(5) from the Act.

On 2022-06-28:

Sent Reg Posts to all 13 District Judge Courts in AP, asking for information on

how many DV cases were filed in 2019, 2020 and 2021 in their jurisdictional district,
how may were disposed in 2019, 2020 and 2021 in their jurisdictional district, and
how many were disposed within 60 days, in 2019, 2020 and 2021 in their jurisdictional district.

They have 30 days time to reply to me. Will file the PIL in August.

As expected the DV cases closed within statutory 60 days is abysmally low.

Parties:

Petitioner-in-person: Sandeep Pamarati
Respondents: From High Court of Andhra Pradesh, Union of India and State of Andhra Pradesh

1. High Court of Andhra Pradesh, Represented by the Registrar General
  AP High Court Buildings,
  Nelapadu, Amaravathi,
  Guntur District, Andhra Pradesh
  PIN: 522202
2. Union of India, Represented by its Secretary,
  Ministry of Law and Justice, Dept. of Legal Affairs,
  A Wing, 4th Floor, Shastri Bhawan,
  Dr. Rajendra Prasad Road, New Delhi, 110001
3. Union of India, Represented by its Secretary,
  Ministry of Parliamentary Affairs
  Shastri Bhawan, Dr. Rajendra Prasad Road,
  New Delhi, 110001
4. Union of India, Represented by its Secretary,
  Ministry of Women and Child Development
  Shastri Bhawan, Dr. Rajendra Prasad Road,
  New Delhi, 110001
5. Union of India, Represented by its Secretary,
  Ministry of Social Justice and Empowerment
  Shastri Bhawan, Dr. Rajendra Prasad Road,
  New Delhi, 110001
6. State of Andhra Pradesh, Rep. by its Principal Secretary,
  Home Department, AP Secretariat,
  Velagapudi, Amaravathi, Guntur District, 522503
7. State of Andhra Pradesh, Rep. by Secretary to Government,
  Law (Legislative Affairs and Justice) Department, AP Secretariat,
  Velagapudi, Amaravathi, Guntur District, 522503
8. State of Andhra Pradesh, Rep. by its Principal Secretary,
  Department of Women Development & Child Welfare
  Office of Special Commissioner, 4th Floor Jampani Towers,
  Lodge Centre, Amaravathi Road, Guntur-522006
9. National Commission for Women, Rep by Chairperson
  Plot No 21, FC33, Institutional Area,
  Jasola, New Delhi, Delhi 110025
10. Andhra Pradesh State Commission for Women, Rep by Chairperson
  Flat No. 506, 4th Floor, MGM Capital Building, Dr. YSR Arogya Sri Complex,
  Chinakakani, Mangalagiri, Guntur. Pin : 522503
11. National Judicial Academy, Rep by The Director,
  Bhadbhada Road, Suraj Nagar PO,
  Bhopal, Madhya Pradesh 462044
12. A.P. Judicial Academy, Rep by The Director,
  Gandhi Nagar, Nehru Nagar Colony, West Marredpally,
  Secunderabad, Telangana 500026
13. Law Commission of India, Rep by The Member Secretary,
  Lok Nayak Bhavan, ‘B’ Wing, 2nd & 4th Floor,
  Khan Market, New Delhi -110003
14. Bar Council of India, Rep by the Secretary,
  21, Rouse Avenue, Institutional Area,
  New Delhi Pin Code – 110002
15. Bar Council of Andhra Pradesh, Rep by The Secretary
  Ground Floor, A.P. High Court Building,
  Nelapadu, Amaravati, Guntur, Andhra Pradesh
  PIN: 522 239

Remedy:

File a writ u/Act 226 read with Art 227 seeking direction from High Court of AP to all the Trial Courts in the State which deal with Domestic Violence cases, to mandatorily invoke the time limit of 60 days to dispose of a DV case, as prescribed under sec 12(5), whenever an application for interim reliefs, under sec 23(1), was prayed/sought for also in the spirit of Sec 309 CrPC.

Dilemma: To file WP or WP(PIL)? Why not, both?

Drafting: WP Done in the form of CrlP r/w Art 226 and 227 here. WP(PIL) is pending (u/Art 226 and 227)

Reliefs:

Call for records for the DV cases are disposed in 60 days from Srikakulam, Visakhapatnam, Guntur, Chittoor, West Godavari, Kadapa, Krishna Districts as they did not give data to RTI applications.
Acknowledge the total failure of the implementation of Statutory Compliance of Sec 12(5) of PWDV Act.
Appoint an amicus/LCI to study reasons for this failure in State of AP.
Direct all District Unit Heads to ensure the DV cases are disposed in 60 days (To tackle such scenarios, you can use the Supreme Court judgment to force the Trial judge to come up with case calendar for the entire case, which is available here)
Setup a periodic monitoring mechanism to report the delays in DV case disposal publicly on AP High Court website.

Supporting Case laws:

Mewa Singh and others Vs Sukhjeet Kaur on 29 April 2013 (PHHC: appearance of respondents disposed off)
Ayishabi Vs Shahul Hameed on 16 July, 2014 (KerHC: Dispose within 3 months)
Kuppusamy Vs Radhika on 21 July, 2017 (MadHC: Dispose DVC in 2 months)
Sushila Devi Vs Vikas Kumar Singhal And Ors on 9 Feb 2018 (RajHC: Dispose within 2 months)
Tillottama Kumari Vs State of Bihar and Ors on 16 May 2019 (PatHC: Dispose DVC in 6 weeks)
Maya and Ors Vs State of U.P. and Ors on 19 Mar 2021 (AllHC: Dispose DVC in 2 months)
Suyalaly and Anr Vs Alphin Jeyasingh and Ors on 29 Nov 2021 (MadHC: Dispose within 2 months)
Vani Santhosh Babu Vs Vijaya Laxmi Vani on 3 Mar 2022 (TelHC: Dispose in 60 days)
Rajamma H Vs Thimmaiah V on 09 Jun 2022 (KarHC: Dispose DVC within 2 weeks)
Mrugesh Wasnik Vs Shweta Mrugesh on 22 Jun 2022 (BomHC: Dispose DVC within 3 months)
P Parvathi Vs Pathloth Mangamma on 7 Jul 2022 (TelHC: Directions issued regd appearance of respondents)
Naresh Kumar Yalla Vs State of Telangana on 21 Jul 2022 (TelHC: Dispose DVC in 1 month)
Sandeep Pamarati Vs State of AP and Anr on 29 Sep 2022 (APHC: Disposal of DVC in 60 days/3 months (around 20 working days in a month); my first win AP HC!)

Writ Public Interest Petition:

Filed this PIL [WP(PIL)/182/2022] in Oct 2022 but got listed on 14 Nov 2022 before Court-1 of AP HC. Prepared well to argue the matter and hoped to get notices issued to 15 respondents on the petition. But the ;category (For Orders of Court) under which this cases was listed’ and ‘no final WP number given’ made it clear to me that this will be dismissed.

Case status:

I went to podium and began with intro as PIP and then informed there is no personal interest in this PIL and how. That’s all… It was dismissed as not maintainable. Not sure what legal reasons were mentioned in the dismissal order. CJ said, tomorrow I will come with a petition to early dispose another kind of case type. I don’t think this is a legal reason.

Here is the Writ Petition Copy:

2022-10-11 WP(PIL) against APHC and 14 Ors v0.1

Here is the dismissal order.

Sandeep Pamarati Vs High Court of AP and 14 Ors on 14 Nov 2022

Interesting update…

Just after a week from date of the dismissal of my WP-PIL, the following Circular gets issued by AP HC in Nov 2022. Interesting, because earlier circular, issued in Oct 2022, did NOT have a deadline!!! Seems my now-dismissed-PIL is working it’s magic.

2022-Oct-20 Circular:

2022-10-20 CIR_ROC559-20.10.22 Directions for endeavoring to enhance the disposals

…. and then…

2022-Nov-23 Circular:

OPCELL-ROC560-23.11.22

—

The following is the circular forwarded to Anantapur District Judiciary.

2022-11-23 Clearance of Old Cases (ALL those cases instituted prior to 2018)

I AM HAPPY AND SMILING.

MASTER LIST here.

Anil Kumar Talan Vs on State (Govt of NCT of Delhi) on 12 Jul 2022

Posted on August 16, 2022 by ShadesOfKnife

A single judge bench of Delhi High Court held in open to dry the criminal connivance of the petitioner and his family, just because the daughter does not want to live with sol-in-law.

From Para 8,

8. I have given considered thought to the contentions raised.
At the outset, it may be noticed that Abhishek Kumar S/o the complainant remained in custody on the basis of fabrication of incident of disappearance made by Komal Talan. The interim protection to Komal Talan in the aforesaid facts and circumstances has already been declined by this Court during the pendency of her application for anticipatory bail. So far as the present application is concerned, the petitioner’s connivance is supported by the fact that mobile number 9997066979 used by him was provided by Nizamuddin as disclosed during investigation.
At this stage, it cannot be ignored that Komal Talan was in touch with the family members during the aforesaid period and consequently Abhishek Kumar remained in custody. Also, the matter appears to have been highlighted in media on the basis of alleged suicide note, which the prosecution seeks to recover.
A bare perusal of aforesaid factual position reveals that to wreak vengeance for oblique motive, the incident of alleged suicide was fabricated. The same not only led to ignominy, adverse media coverage and misery to the family of complainant but also resulted in undue incarceration of Abhishek Kumar (husband of Komal Talan). The criminal proceedings were initiated as a gross abuse of the process of law. The implication and consequences of such conduct may not have been fully visualized by the petitioner at the aforesaid time but the uncalled for detention of Abhishek Kumar definitely ruined the chances of settlement. The law appears to have been used as a weapon than a shield by fabricating the incident of disappearance and suicide.
I am of the considered view that a serious view needs to be taken of such incidents to ensure that social fabric is not ruined by such fabrication of facts. If false implication by fabricated omnibus allegations against entire family in the course of matrimonial disputes and differences, is allowed, it may lead to further misuse of the process of law and assume serious proportions.
Considering the grave nature of allegations and the fact that criminal proceedings under Section 364 IPC were falsely initiated, in connivance, I do not find the case to be fit for grant of anticipatory bail to the petitioner.

Anil Kumar Talan Vs on State (Govt of NCT of Delhi) 12 Jul 2022

CMD Fertilizer Corporation of India Ltd and Anr Vs Rajesh Chandra Shrivastava and Ors on 07 Apr 2022

Posted on August 15, 2022 by ShadesOfKnife

A division bench of Apex Court held as follows:

From Para 20,

20. It is a fundamental principle of law that a party who is in enjoyment of an interim order, is bound to lose the benefit of such interim order when the ultimate outcome of the case goes against him.

Note: If only such illegally obtained benefits are legally reimbursed to the payer!

CMD Fertilizer Corporation of India Ltd and Anr Vs Rajesh Chandra Shrivastava and Ors on 07 Apr 2022

Neera Singh Vs State (Govt of NCT of Delhi) and Ors on 23 Feb 2007

Posted on August 11, 2022 by ShadesOfKnife

Justice Shiv Narayan Dhingra ji highlighted as follows:

From Paras 3 and 4,

3. A perusal of the complaint would show that as per allegations dowry demand was made even before marriage i.e. at the time of engagement and an AC was demanded from her father by her in-laws and her father had assured that AC would be given at the time of marriage. However, she told her father “You have given car and AC at the demand of in laws, what will happen if they demand a flat tomorrow?”. Despite her this conversation with her father and despite her knowing that dowry demand had already been made, she married in the same family irrespective of the fact that she was well-educated lady and was an engineer and her brother was in police. In fact, these kinds of allegations made after breakdown of the marriage show the mentality of the complainant. I consider where these kinds of allegations are made, the police should simultaneously register a case under Dowry Prohibition Act (in short, the Act) against the parents of the complainant as well, who married their daughter despite demand of dowry. Section 3 of the Act prohibits giving and taking of dowry. If a woman of grown up age and well educated gets married to a person despite dowry demand, she and her family becomes accomplice in the crime under Dowry Prohibition Act.
4. Now-a-days, exorbitant claims are made about the amount spent on marriage and other ceremonies and on dowry and gifts. In some cases claim is made of spending crores of rupees on dowry without disclosing the source of income and how funds flowed. I consider time has come that courts should insist upon disclosing source of such funds and verification of income from tax returns and police should insist upon the compliance of the Rules under Dowry Prohibition Act and should not entertain any complaint, if the rules have not been complied with. Rule 2 of the Dowry Prohibition (Maintenance of List of Presents to the Bride and Bridegroom) Rules, 1985 reads as under:
2. RULES IN ACCORDANCE WITH WHICH LISTS OF PRESENTS ARE TO BE MAINTAINED.-
(1) The list of presents which are given at the time of the marriage to the bride shall be maintained by the bride.
(2)The list of presents which are given at the time of the marriage to the bridegroom shall be maintained by the bridegroom.
(3)Every list of presents referred to in Sub-rule(1) or Sub-rule(2)-
(a) shall be prepared at the time of the marriage or as soon as possible after the marriage;
(b) shall be in writing;
(c) shall contain:-
(i) a brief description of each present;
(ii) the approximate value of the present;
(iii) the name of the person who has given the present; and
(iv) where the person giving the present is related to the bride or bridegroom, a description of such relationship.
(d) shall be signed by both the bride and the bridegroom.
5. The Metropolitan Magistrates should take cognizance of the offence under the Act in respect of the offence of giving dowry whenever allegations are made that dowry was given as a consideration of marriage, after demand. Courts should also insist upon compliance with the rules framed under the Act and if rules are not complied with, an adverse inference should be drawn. If huge cash amounts are alleged to be given at the time of marriage which are not accounted anywhere, such cash transactions should be brought to the notice of the Income Tax Department by the Court so that source of income is verified and the person is brought to law. It is only because the Courts are not insisting upon compliance with the relevant provisions of law while entertaining such complaints and action is taken merely on the statement of the complainant, without any verification that a large number of false complaints are pouring in.

Neera Singh Vs State (Govt of NCT of Delhi) and Ors on 23 Feb 2007

Neera Singh Vs State (Govt of NCT of Delhi) and Ors on 21 Feb 2007

Posted on August 11, 2022 by ShadesOfKnife

Justice Shiv Narayan Dhingra ji highlighted the misuse of 498A IPC by some unscrupulous women.

From Para 7,

7. Now-a-days, it has become a tendency to make vague and omnibus allegations against every member of the family of the husband, involving everybody under Section 498A and 406 of the IPC by making one or the other allegations. Hence, it has become very necessary for the Courts to carefully scrutinize the allegations and to find out if the allegations made really constitute the offence and meet the requirements of law at least prima facie. The learned ASJ scrutinized the entire FIR and the statement of complainant and thereafter observed that no case was made out against these two minor girls. I have also gone through the record and find that except above allegations made by the complainant, no other role was assigned to these two minor girls (respondents).

Neera Singh Vs State (Govt of NCT of Delhi) and Ors on 21 Feb 2007

Naresh Kumar Yalla Vs State of Telangana on 21 Jul 2022

Posted on August 10, 2022 by ShadesOfKnife

A single judge of Telangana High Court held as follows:

4. When there is a specific direction from this Court to dispose of the matter time bound, it is not known how the case is still pending. However, considering the request of the petitioner, the criminal petition is disposed of with the following directions:-
1) The Court of X Additional Metropolitan Magistrate, Kukatpally, is directed to take up the case in D.V.C.No.61 of 2019 on day-to-day basis and to dispose of the same within a period of one month from the date of receipt of a copy of this order.
2) In case, the case is not disposed of within one month, the Court of X Additional Metropolitan Magistrate, Kukatpally, is directed to submit a report to the Registrar (Judicial) narrating the reasons as to why the case could not be disposed of.
3) The above direction is issued not only basing on the merits of the case, but also as Section 12(5) of the Protection of Women from Domestic Violence Act, 2005, clearly mandates that the case has to be disposed of within a period of sixty (60) days from the date of its first hearing.

Naresh Kumar Yalla Vs State of Telangana on 21 Jul 2022

Connects to a PIL here.

Pasagadula Sai Kiran Vs Union of India and Ors on 04 Aug 2022

Posted on August 10, 2022 by ShadesOfKnife

A single judge bench of AP High Court held that Regional Passport Officer can be directed by Court to issue Police clearance certificate.

From Paras 4 and 5,

4. The learned Assistant Solicitor General, appearing for the 2nd respondent would submit that the service of issuing a police clearance certificate is a voluntary service being given for the benefit of Indian citizens and there is no underlying duty cast on the 2nd respondent, by virtue of any provision of law or Judgment of the Court, to issue such police clearance certificates. He would further submit that a Writ of Mandamus cannot lie against the 2nd respondent and there is no legal duty cast on the 2nd respondent to undertake such activities. Further, the 2nd respondent cannot give a clean chit to the petitioner and would have to incorporate the details of the aforesaid crime in any certificate that can be issued to the petitioner.
5. In view of the fact that the 2nd respondent has been issuing such certificates to citizens staying abroad, the 2nd respondent cannot take the stand that since it is a voluntary service, there cannot be any direction to the 2nd respondent to issue or not to issue such certificates.

Pasagadula Sai Kiran Vs Union of India and Ors on 04 Aug 2022

XXX Vs State of Kerala and Ors on 05 July 2022

Posted on August 8, 2022 by ShadesOfKnife

A single judge bench of Kerala High Court held as follows:

From Para 13,

13. I do not propose to go into the details of this case any further because, through the various interim orders already issued, the petitioner has
obtained relief – including DNA analysis of the foetus she was carrying, under the provisions of the Code of Criminal Procedure (Cr.PC). In fact, the learned counsel for the petitioner – Sri.Dheeraj Rajan, affirmed that no specific orders are now required and that a Final Report has also been filed by the Police.

From Para 14, (Invitation for views)

14. However, the trauma, which the petitioner has experienced and which may be forced upon victims in future, makes this Court to think in terms of having a Protocol for the purpose of empowerment of the victim – being gender neutral – to approach the law enforcement agencies and obtain succor and support in the initial stages of extreme fear, terror and despondency faced.
15. With the afore intent, I threw open discussions in this matter to the Bar, calling for suggestions from anyone who is interested in addressing this Court; and am glad that I did so because, I have had the benefit of the views and inputs from very eminent lawyers, both senior and junior.
16. The principles and imperative requirements of ‘Victim Protection Protocols’ are inexorably attracted whenever a sexual assault occurs; and I, therefore, requested the learned counsel appearing for the parties and who are assisting this Court upon the aforementioned invitation, as also the
learned Special Government Pleader – Smt.Ambika Devi, to offer their suggestions.

From Para 32, (Protocols follow)

Consequently, I order this writ petition, directing that protocols below are scrupulously followed in the case of a complaint regarding sexual attack or child abuse without exception:
a) The Government will, in addition to the steps taken earlier by it, continually publicize the Toll Free Number ‘112’ as an Emergency Support System to be known to every citizen, so that the victim of a child abuse or sexual assault can access it whenever required.
b) Every victim of sexual assault and child abuse must be encouraged to access the afore Toll Free Number or the Police Control Room Number ‘100’; and on such intimation being received, it will be fed into a digital system, to be then brought to the notice of the jurisdictional Police Station, for necessary steps under Section 154 of the Cr.P.C. In this regard, I record the undertaking of the State that a system as afore has already been put in place under the Emergency Response Support System (ERSS) Project.
c) This Court records the further undertaking of the State that calls made to the aforementioned Toll Free Numbers of ‘112’ and ‘100’ will only be
attended and responded to by well sensitized and trained personnel, who will make sure that the victim is given sufficient support from the inception, until the time she/he requires it thereafter.
d) On intimation of a sexual assault or child abuse being received by the afore Toll Free Numbers, the Police Control Room or the jurisdictional Police Station, will take immediate steps to contact the victim either personally or through phone without, however, summoning him/her to the Police Station.
e) While taking the statement of the victim, mandatory provisions of Section 157(1) of the Cr.P.C., namely, that same be recorded at his/her
residence or in the place of his/her choice and as far as practical, by a Police Officer in the presence of his/her parents/guardian/near relatives or social worker, shall be scrupulously complied with.
f) On the FIR being so registered, the investigating officer will forthwith assign a ‘Victim Liaison Officer’ in terms of the applicable circulars issued by the State Police Chief, who shall then contact the victim immediately so that he/she will feel safe and protected, being sure of such support.
(g) Simultaneous to the registration of the FIR or at the time when the Victim Liaison Officer is so assigned, the investigating Officer will disclose to the victim the numbers of the ‘One Stop Crisis Centre’ and that of the ‘VRC’, so that they can involve themselves and ensure that the victim suffers no further traumatisation and obtains the best psychological support and succor which, indubitably, is the sine qua non for the reparatory process of the victim’s psychological trauma.
(h) The Authorities concerned will ensure that the victim has constant access to the Victim Liaison Officer and to the ‘One Stop Crisis Centre/VRC’, as the case may be; and that this is made available 24 hours a day, at any time the victim requires it during his/her most difficult times.
(i) The ‘One Stop Crisis Centre’/’VRC’ is directed to offer not merely psychological assistance to the victim, but also legal support as may be required and will actively promote his/her return to normal life, through every possible facilitation as may be warranted. This shall continue as long as the victim requires, or until such time as the trial is completed.
(j) It is further ordered that the victim Liaison Officer (VLO), as also the ‘One Stop Crisis Centre’/’VRC’, shall make available every assistance necessary to the victim for the processes under Section 164A of the Cr.PC, and must actively guide and instruct, advising her/him of her/his rights under it, thus being able to exercise it diligently and with confidence.
The afore are, of course, not exhaustive; and I, therefore, leave liberty to any person, including the learned counsel for the parties or the members of the Bar, to seek any clarification from this Court, if so found necessary; in which event, more effective protocols for victim protection can certainly be thought of and incorporated.

XXX Vs State of Kerala and Ors on 05 July 2022

CPIO SCI Vs Subhash Chandra Agarwal on 13 Nov 2019

Posted on July 28, 2022 by ShadesOfKnife

A constitution bench of Apex Court held as follows:

From Para 59,

59. Reading of the aforesaid judicial precedents, in our opinion, would indicate that personal records, including name, address, physical, mental and psychological status, marks obtained, grades and answer sheets, are all treated as personal information. Similarly, professional records, including qualification, performance, evaluation reports, ACRs, disciplinary proceedings, etc. are all personal information. Medical records, treatment, choice of
medicine, list of hospitals and doctors visited, findings recorded, including that of the family members, information relating to assets, liabilities, income tax returns, details of investments, lending and borrowing, etc. are personal information. Such personal information is entitled to protection from unwarranted invasion of privacy and conditional access is available when stipulation of larger public interest is satisfied. This list is indicative and not exhaustive.

CPIO SCI Vs Subhash Chandra Agarwal on 13 Nov 2019 Para 59

Citations : [2019 SCC ONLINE SC 1459]

Other Sources :

https://indiankanoon.org/doc/101637927/

https://www.casemine.com/judgement/in/5dcc51443321bc4f5eaf25b5

Commissioner of Income Tax and Ors Vs Chhabil Dass Agarwal on 8 Aug 2013

Posted on July 24, 2022 by ShadesOfKnife

A division bench of Supreme Court held as follows,

From Para 15,

15. Before discussing the fact proposition, we would notice the principle of law as laid down by this Court. It is settled law that non-entertainment of petitions under writ jurisdiction by the High Court when an efficacious alternative remedy is available is a rule of self-imposed limitation. It is essentially a rule of policy, convenience and discretion rather than a rule of law. Undoubtedly, it is within the discretion of the High Court to grant relief under Article 226 despite the existence of an alternative remedy. However, the High Court must not interfere if there is an adequate efficacious alternative remedy available to the petitioner and he has approached the High Court without availing the same unless he has made out an exceptional case warranting such interference or there exist sufficient grounds to invoke the extraordinary jurisdiction under Article 226. (See: State of U.P. vs. Mohammad Nooh, AIR 1958 SC 86; Titaghur Paper Mills Co. Ltd. vs. State of Orissa, (1983) 2 SCC 433; Harbanslal Sahnia vs. Indian Oil Corpn.
Ltd., (2003) 2 SCC 107; State of H.P. vs. Gujarat Ambuja Cement Ltd., (2005) 6 SCC 499).
16. The Constitution Benches of this Court in K.S. Rashid and Sons vs. Income Tax Investigation Commission, AIR 1954 SC 207; Sangram Singh vs. Election Tribunal, Kotah, AIR 1955 SC 425; Union of India vs. T.R. Varma, AIR 1957 SC 882; State of U.P. vs. Mohd. Nooh, AIR 1958 SC 86 and K.S. Venkataraman and Co. (P) Ltd. vs. State of Madras, AIR 1966 SC 1089 have held that though Article 226 confers a very wide powers in the matter of issuing writs on the High Court, the remedy of writ absolutely discretionary in character. If the High Court is satisfied that the aggrieved party can have an adequate or suitable relief elsewhere, it can refuse to exercise its jurisdiction. The Court, in extraordinary circumstances, may exercise the power if it comes to the conclusion that there has been a breach of principles of natural justice or procedure required for decision has not been adopted.
(See: N.T. Veluswami Thevar vs. G. Raja Nainar, AIR 1959 SC 422; Municipal Council, Khurai vs. Kamal Kumar, (1965) 2 SCR 653; Siliguri Municipality vs. Amalendu Das, (1984) 2 SCC 436; S.T. Muthusami vs. K. Natarajan, (1988) 1 SCC 572; Rajasthan SRTC vs. Krishna Kant, (1995) 5 SCC 75; Kerala SEB vs. Kurien E. Kalathil, (2000) 6 SCC 293; A. Venkatasubbiah Naidu vs. S. Chellappan, (2000) 7 SCC 695; L.L. Sudhakar Reddy vs. State of A.P., (2001) 6 SCC 634; Shri Sant Sadguru Janardan Swami (Moingiri Maharaj) Sahakari Dugdha Utpadak Sanstha vs. State of Maharashtra, (2001) 8 SCC 509; Pratap Singh vs. State of Haryana, (2002) 7 SCC 484 and GKN Driveshafts (India) Ltd. vs. ITO, (2003) 1 SCC 72).

From Para 19,

19. Thus, while it can be said that this Court has recognized some exceptions to the rule of alternative remedy, i.e., where the statutory authority has not acted in accordance with the provisions of the enactment in question, or in defiance of the fundamental principles of judicial procedure, or has resorted to invoke the provisions which are repealed, or when an order has been passed in total violation of the principles of natural justice, the proposition laid down in Thansingh Nathmal case, Titagarh Paper Mills case and other similar judgments that the High Court will not entertain a petition under Article 226 of the Constitution if an effective alternative remedy is available to the aggrieved person or the statute under which the action complained of has been taken itself contains a mechanism for redressal of grievance still holds the field. Therefore, when a statutory forum is created by law for redressal of grievances, a writ petition should not be entertained ignoring the statutory dispensation.

Commissioner of Income Tax and Ors Vs Chhabil Dass Agarwal on 8 Aug 2013

Citations : [2013 AD SC 8 620], [2013 CTR SC 261 113], [2013 ITR SC 357], [2013 JLJR 4 35], [2013 JT SC 11 387], [2013 PLJR 4 179], [2013 SCALE 10 326], [2014 SCC 1 603], [2013 TAXMAN SC 217 143], [2013 SCC ONLINE SC 717], [2013 TAXMANNCOM SC 36]

Other Sources :

https://indiankanoon.org/doc/51987756/

https://www.casemine.com/judgement/in/5609af2ce4b0149711415ba2

Shades of Knife

True Colors of a Vile Wife

Author: ShadesOfKnife

Do you know that there is time limit of 60 days to dispose of a Domestic Violence case in India under sec 12(5) of PWDV Act?

I AM HAPPY AND SMILING.

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CPIO SCI Vs Subhash Chandra Agarwal on 13 Nov 2019

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