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True Colors of a Vile Wife

Author: ShadesOfKnife

Sri Kathi Narsinga Rao Vs Kodi Supriya and Anr on 29 Sep 2016

Posted on November 23, 2020 by ShadesOfKnife

Relying on Bipin Shantilal Panchal here, and properly identifying that certain judgments from Supreme Court have not considered Bipin Panchal, correctly held that, except for Stamp duty and Registration fee, all other objections to any document sought to be introduced during evidence stage have to be parked towards the end of trial and considered then while judgment stage.

From Para 15,

…

Coming to the expression in Shalimar Chemical Works Limited v. Surendra Oil and Dal Mills (Refineries), where it was no doubt observed that admissibility of document held to be decided at the stage of admission by marking, instead of leaving to be decided subsequently. The facts therein were Xerox copy of the trade mark registration certificate (which is in fact the suit document) without production of original even objected by opposite party from the trial Court permitted to mark subject to objection on proof and admissibility held wrong procedure. In fact it was observed that from same is the suit document and no foundation as to what happened to the original to receive as Xerox copy of the suit claim which is the trademark registration certificate, it was observed that lower appellate Court having received the document under Order 41 Rule 27 CPC without exhibit and without opportunity to the other side to rebut the evidence simply relied on it by discussing the same as if admitted in evidence that was found fault. Thereby the expression in Shalimar Chemicals supra confine to the facts for no law laid down of in any case secondary evidence cannot be permitted subject to objection. In fact the earlier expression of the Apex Court in Bipin Shantilal Panchal v. State Of Gujarat particularly Para 12 and Navjot Sandhu @ Afzalguru supra holding any objection (other than on stamp duty and registration) is while marking be kept open for decision finally including on secondary evidence admissibility. Above two expressions of the Apex Court not came for consideration in Shalimar Chemical Supra.

From Para 16,

16. In fact from the expression in Bipin Shantilal there was a direction as guidance to be followed by all Courts while marking documents including on secondary evidence as subject to objections by let open to decide ultimately on the objection while recording the evidence, unless it touches stamp duty and registration to decide instantly. In fact Shalimar Chemicals supra particularly at Para 10 internal Para 20, the expression of the Apex Court in RVE Venkatachala Gounder v. Arulmigu Viswesaraswami and V.P Temple, referred and relied which speaks about objections as to admissibility of documents in evidence may be classified into 2 classes, one is objection that the document which is sought to be proved is inadmissible and the other towards the mode of proof. In the case of objection as to admissibility, it is only a procedural aspect, if not raised while marking, it is not open to raise later including on secondary evidence for as good as primary evidence. Whereas objection as to mode of proof even not raised while marking unless it is proved it cannot be considered in evidence for which there is no waiver, thereby even no objections raised on mode or method of proof there is no waiver to consider document proved or not from objection can be raised on proof at any time but for on the objection as to nature of document for its admissibility if not raised while marking that amounts to waiver.

Finally, from Para 18,

18. From these expressions, even once the certified copy to a certified copy is within the meaning of secondary evidence and any objection to exhibit secondary evidence though in Shalimar Chemicals Supra says to decide instantly for admissibility, from the earlier expressions categorically held directing all courts to follow particularly from Bipin Shanti Lal supra and in Afzal Guru supra that but for objections on stamp duty and registration to decide instantaneously any other objection raised while marking is to record as subject to objection to decide ultimately at the end of trial and not to decide instantaneously and thus against said conclusion arrived by the lower Court, there is nothing to sit in revision against the impugned orders of the lower Court.

 

Sri Kathi Narsinga Rao Vs Kodi Supriya and Anr on 29 Sep 2016

Citations : [2016 SCC ONLINE HYD 346]

Other Sources :

https://indiankanoon.org/doc/115678797/

https://www.casemine.com/judgement/in/58ae76214a9326593c4a168c

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged Bipin Shantilal Panchal Vs State of Gujarat and Anr Objections During Witness Cross Examination Sandeep Pamarati Sri Kathi Narsinga Rao Vs Kodi Supriya and Anr | Leave a comment

Santhosh alias Sathiyan Vs Priyanka and Ors on 23 Jan 2020

Posted on November 22, 2020 by ShadesOfKnife

15 Lakhs of Compensation was granted by a City Civil Court on a Compensation Suit, against a False rape case.

Santhosh alias Sathiyan Vs Priyanka and Ors on 23 Jan 2020
Posted in District or Sessions or Magistrate Court Judgment or Order or Notification | Tagged False Incest Or Rape Or Sexual Or Sexual Harassment Allegations Grant Compensation For False Prosecution Santhosh alias Sathiyan Vs Priyanka and Ors | Leave a comment

Kirti Nagpal Vs Rohit Girdhar Case

Posted on November 21, 2020 by ShadesOfKnife

Set of cases filed by the ex-Couple, Kirti Nagpal Vs Rohit Girdhar

  1. Kirti Nagpal Vs Rohit Girdhar on 12 February, 2019 [Interim Maintenance u/s 24 of HMA was denied]
  2. Kirti Nagpal Vs Rohit Girdhar on 20 Nov 2020 [Appeal on Divorce was dismissed]
Posted in Assorted Court Judgments or Orders or Notifications | Tagged Kirti Nagpal Vs Rohit Girdhar Summary Post | Leave a comment

Kirti Nagpal Vs Rohit Girdhar on 20 Nov 2020

Posted on November 21, 2020 by ShadesOfKnife

Delhi High Court confirmed the Divorce granted by Trail Court.

Kirti Nagpal Vs Rohit Girdhar on 20 Nov 2020

Index is here.

Posted in High Court of Delhi Judgment or Order or Notification | Tagged Baseless charges Against Spouse is Cruelty HM Act - Alleging Importency Falsely Causes Mental Cruelty HM Act - Mental Cruelty Proved HM Act Sec 13 - Divorce Granted to Husband Kirti Nagpal Vs Rohit Girdhar | Leave a comment

IPC 498A is a Compoundable Case in Andhra Pradesh

Posted on November 20, 2020 by ShadesOfKnife

Andhra Pradesh Legislature has passed an amendment to Cr.P.C. (a Central Act, 2 of 1974) in 2003 under Code of Criminal Procedure (Andhra Pradesh Amendment) Act, 2003 to add 494 IPC and 498A IPC to the list of Compoundable offences u/s 320 Cr.P.C.

1987AP46-498a is Compoundable in AP

Just for reference.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Index of all amendments (incl AP State amendments) to Cr.P.C. here.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged CrPC 320 - Compounding of offences IPC 498A Compoundable Offence in Andhra Pradesh | Leave a comment

Parveen Vs State of Haryana on 16 Nov 2020

Posted on November 19, 2020 by ShadesOfKnife

In this Order from the 3-Judge bench of Supreme Court, it was held that, if the advocate provided by District Court Legal Aid Authority is absent from the proceedings, High Court ought to have appointed an Amicus to take up the case forward.

From Para 7,

7 The High Court, in our view, was manifestly in error in rejecting the revision in default, on the ground that the appellant’s advocate had remained absent on the previous four occasions. Since the revision before the High Court arose out of an order of the conviction under the Arms Act, the High Court ought to have appointed an Amicus Curiae in the absence of counsel, who has been engaged by the Legal Services Authority, Rohtak. The liberty of a citizen cannot be taken away in this manner.

Parveen Vs State of Haryana on 16 Nov 2020

Here is the SLP:

SLP-Criminal - Parveen v. State of Haryana
Posted in Supreme Court of India Judgment or Order or Notification | Tagged Appoint Amicus if Legal Aid Advocate is Absent Parveen Vs State of Haryana | Leave a comment

Roshni Biswas Vs State of West Bengal and Anr on 28 Oct 2020

Posted on November 17, 2020 by ShadesOfKnife

Supreme Court sensed that, there is a need to ensure that the power under section 41A is not used to intimidate, threaten and harass. Thereafter, granted an ad-interim stay on High Court order compelling the petitioner to appear before Police u/s 41A CrPC.

05 Roshni Biswas Vs State of West Bengal and Anr on 28 Oct 2020
Posted in Supreme Court of India Judgment or Order or Notification | Tagged CrPC 41A - Notice of appearance before police officer Misuse or Violation of CrPC 41A per Guidelines in Arnesh Kumar Judgment Police Harassment Roshni Biswas Vs State of West Bengal and Anr | Leave a comment

Jangala Sambasiva Rao Vs State of AP and Anr on 28 Oct 2020

Posted on November 14, 2020 by ShadesOfKnife

Justise Lalitha Kanneganti held that there is violation of Guidelines issued in Arnesh Kumar in effecting an arrest without complying with 41A CrPC procedure and held demanded reports from both Police belonging to concerned PS and also the Magistrate who mechanically issue Judicial custody.

Jangala Sambasiva Rao Vs State of AP and Anr on 28 Oct 2020

A complete indexed and mess-wise segregated collection of reprimands received by this incumbent State Government of YSRC Party are here.

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged 1-Judge Bench Decision Arnesh Kumar Vs State Of Bihar and Anr CrPC 41A - Notice of appearance before police officer Jangala Sambasiva Rao Vs State of AP and Anr | Leave a comment

Shailaja Patil Vs Khobbanna Patil on 18 Jan 2017

Posted on November 14, 2020 by ShadesOfKnife

In this Order, Supreme Court held as follows,

That apart, we find that the High Court has proceeded on the basis that the appellant No.1 was capable of earning and that is one of the reasons for reducing the maintenance granted to her by the Family Court. Whether the appellant No.1 is capable of earning or whether she is actually earning are two different requirements. Merely because the appellant No.1 is capable of earning is not, in our opinion, sufficient reason to reduce the maintenance awarded by the Family Court.

This means, due to the mistake of High Court in assuming that being capable means earning, Supreme Court clarified that it is NOT so. This principle should apply to men as much as it was applied to women.

And, it is not clear why no Court is asking this question: Why are your needs/expenses out of sync with your income? Just because of the termination of financial assistance from husband?

Shailaja Patil Vs Khobbanna Patil on 18 Jan 2017

Citations : [2017 SCC ONLINE SC 2692017 AIR SC 11742017 AKR 2 3142017 ALLMR CRI 31072017 CRILJ 23062017 KCCR 3 18092017 OLR 1 9212017 RLW SC 3 24902017 RCR CIVIL 2 7012017 RCR CRIMINAL 2 4972017 SCC ONLINE SC 2692017 AIR SC 1174]

Other Sources :

https://www.casemine.com/judgement/in/5a65cbb44a93263320779de5


Here is the High Court Order.

Shailaja Patil Vs Khobbanna Patil on 17 Apr 2013

Note: The mistake is this… All Assumptions are highlighted…

Petitioner is said to be working as a Lecturer and in a matrimonial dispute between him and the 1st respondent wife, the Family Court has ordered to pay maintenance of Rs.15,000/- to the wife and Rs.10,000/- per month to the son. According to the petitioner’s counsel, the 1st respondent is also working as a Teacher and is earning.

However, according to the counsel representing the 1st respondent, there is no proof of income being produced and she has no permanent source of income. Accordingly, he has sought for rejection of the application filed by the petitioner and to enhance the maintenance awarded.

Having regard to the fact that the wife is also capable of earning, she could be awarded Rs.6,000/- per month and the son could be awarded Rs.6,000/- per month. Ordered accordingly. Amount in deposit be adjusted towards arrears and also for future payment. Amount in deposit be released in favour of the respondent wife and child, as per the modified award.

 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Legal Procedure Explained - Interpretation of Statutes PWDV Act Sec 20 - Maintenance Reduced Set-aside Shailaja Patil Vs Khobbanna Patil | Leave a comment

Kunapureddy Swarna Kumari Vs Kunapureddy @ Nookala Shanka Balaji Naidu Case

Posted on November 14, 2020 by ShadesOfKnife

Here is the list of the cases fought by this couple. It is just a hilarious case that there are 11 Respondents arraigned in this case. Go figure!

  1. Kunapareddy @ Nookala Shanka Balaji Vs Kunapareddy Swarna Kumari On 18 April, 2016 : (SC says, amendments in petitions can be allowed, before Court takes cognizance of the case)
  2. Kunapureddy Swarna Kumari Vs Kunapureddy @ Nookala Shanka Balaji Naidu on 12 August, 2016 : (Trial Court doles of relief after relief supported by BS)
  3. Kunapureddy @ Nookala Shankar Vs Kunapureddy Swarna Kumari on 5 January, 2018 : (Husband files appeal at Sessions; return of dowry amount of Rs.3.00 Lakhs and compensation amount of Rs.15.00 Lakhs set aside; despite no evidence for DV, but Monthly maintenance of Rs.10,000/- is confirmed anyways)
  4. Kunapureddy Swarna Kumari Vs Kunapureddy @ Nookala Shankar on 5 January, 2018 : (Wife files appeal at Sessions seeking enhancement in monthly maintenance; Dismissed)
Posted in Assorted Court Judgments or Orders or Notifications | Tagged Amendment In Criminal Case Kunapureddy Swarna Kumari Vs Kunapureddy @ Nookala Shanka Balaji Naidu PWDV Act Sec 12 - Domestic Violence Application to Magistrate Summary Post | Leave a comment

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