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Md. Rustum Alam @ Rustam Vs State of Jharkhand on 27 April 2020

Posted on April 28, 2020 by ShadesOfKnife

Jharkhand High Court (Single Bench) has quashed and set aside 3 Orders of Magistrate Court issued under Sections 73, 82 and 83 of the Code of Criminal Procedure 1973, they being with out any application of mind, issued in mechanical manner and with out any reasons recorded as necessary by Code/Law.

From Para 3,

3. The main contention of the petitioners is that the Court below, in a most mechanical manner issued non-bailable warrant of arrest. In the similar
manner the process under section 82 of the Code and thereafter attachment order in terms of Section 83 of the Code have been issued. It is their  contention that, even without receipt of the service report of bailable warrant of arrest, non-bailable warrant of arrest have been issued against the petitioners.
Similarly, without there being any service report of non-bailable warrant of arrest, process under Section 82 of the Code has been issued. Further, without any service of the process under Section 82 of the Code, attachment order in terms of Section 83 of the Code has been issued. It is also the  case of the petitioners that the processes are being issued in utter violation of the respective provisions laid down in the Code, i.e. Sections 73, 82 & 83 thereof, thus, these orders need to be set aside.

 

Md. Rustum Alam @ Rustam Vs State of Jharkhand on 27 April 2020

Disclaimer:

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 or Government websites.

I have no control to remove copies of this document(s) that may be available on websites of High Courts or Supreme Court of India or any of the many other sites, law journal or reporters which carry the same judgment in it’s entirety, not I can remove references/links to this document(s) from the results of Search Engines such as Google.com.

Post Views: 562
Posted in High Court of Jharkhand Judgment or Order or Notification | Tagged Catena of Landmark Judgments Referred/Cited to CrPC 482 - Quash CrPC 73 - Warrant may be directed to any person CrPC 82 - Proclamation For Person Absconding CrPC 83 - Attachment of property of person absconding Issue of Non-Bailable Warrant Issue Of Warrant Legal Procedure Explained - Interpretation of Statutes Md. Rustum Alam @ Rustam Vs State of Jharkhand Non-Bailable Warrant Quashed Order Quashed | Leave a comment

CrPC 73 – Warrant may be directed to any person

Posted on April 28, 2020 by ShadesOfKnife

(1) The Chief Judicial Magistrate or a Magistrate of the first class may direct a warrant to any person within his local jurisdiction for the arrest of any escaped convict, proclaimed offender or of any person who is accused of a non-bailable offence and is evading arrest.
(2) Such person shall acknowledge in writing the receipt of the warrant, and shall execute it if the person for whose arrest it was issued, is in, or enters on, any land or other property under his charge.
(3) When the person against whom such warrant is issued is arrested, he shall be made over with the warrant to the nearest police officer, who shall cause him to be taken before a Magistrate having jurisdiction in the case, unless security is taken under section 71.

Post Views: 513
Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged CrPC 73 - Warrant may be directed to any person | Leave a comment

G.O. Ms. No. 623 Guidelines on Colour combination theme for painting of Gram Panchayat Buildings

Posted on April 27, 2020 by ShadesOfKnife

The High Court of AP had dismissed the Govt Order to color all the Government building to YSRCP Colours in the State of AP here. State Government failed at Supreme Court too. Judgment is here.

The AP Govt had the following Order passed (2020PR_MS623) to obtain the very same colors to paint Government Buildings in the State of AP this time via the namesake committee to submit recommendations to exactly match the YSRCP colours to meet their party agenda item.

2020PR_MS623 Guidelines on Colour combination theme for painting of Gram Panchayat Buildings
Post Views: 485
Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged Guidelines on Colour combination theme for painting of Gram Panchayat Buildings Reprimands or Setbacks to YCP Govt of Andhra Pradesh | Leave a comment

G.O. Ms. No.20 Medium of Instruction in all Government schools in the State – Parents committee resolutions Dt 21 April 2020

Posted on April 27, 2020 by ShadesOfKnife

The High Court of AP had dismissed the Govt Order to change the medium of instruction to English in all Government run schools in the State of AP here.

The AP Govt had the following Order passed (21042020SE_MS20) to obtain the preferred Medium of Instruction in all Government schools in the State via the Parents committee resolutions to get the mandated English Medium schools for all agenda item.

21042020SE_MS20 Medium of Instruction in all Government schools in the State – Parents committee resolutions
Post Views: 447
Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged Medium of Instruction in all Government schools in the State to be English Reprimands or Setbacks to YCP Govt of Andhra Pradesh | Leave a comment

High Court of A.P. Family Courts (Court) Rules, 2005

Posted on April 26, 2020 by ShadesOfKnife

The following are the Rules made under the Family Courts Act 1984, last amended in 2005.

2 High Court of A.P. Family Courts (Court) Rules, 2005

The Family Courts Act is available here.


Disclaimer:

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

I have no control to remove copies of this document(s) that may be available on websites of High Courts or Supreme Court of India or any of the many other sites, law journal or reporters which carry the same judgment in it’s entirety, not I can remove references/links to this document(s) from the results of Search Engines such as Google.com.

Post Views: 130
Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged Family Courts Act Rules of the Act/Ordinance/Notification/Circular | Leave a comment

The Epidemic Diseases (Amendment) Ordinance 2020

Posted on April 25, 2020 by ShadesOfKnife

This Ordinance was brought in by the Central Government to protect the Healthcare Service Personnel from the idiotic folks who misbehaved, assaulted and obstructed while performing their yomen duties during the pandemic COVID-19

The Epidemic Diseases (Amendment) Ordinance 2020

Earlier enactment is here.


Disclaimer:

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

I have no control to remove copies of this document(s) that may be available on websites of High Courts or Supreme Court of India or any of the many other sites, law journal or reporters which carry the same judgment in it’s entirety, not I can remove references/links to this document(s) from the results of Search Engines such as Google.com.

Post Views: 385
Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged Epidemic Diseases Act 1897 The Epidemic Diseases (Amendment) Ordinance 2020 | Leave a comment

Revanasiddappa and Anr Vs Mallikarjun and Ors on 31 March 2011

Posted on April 23, 2020 by ShadesOfKnife

Supreme Court was constrained to take a view different from the one taken by it in Bharatha Matha on Section 16(3) of the Hindu Marriage Act.

From Para 41,

41. In the instant case, Section 16(3) as amended, does not impose any restriction on the property right of such children except limiting it to the property of their parents. Therefore, such children will have a right to whatever becomes the property of their parents, whether self acquired or ancestral.

But thankfully, referred the matter to a larger bench in March 2011.

43. We are, therefore, of the opinion that the matter should be reconsidered by a larger Bench and for that purpose the records of the case be placed before the Hon’ble the Chief Justice of India for constitution of a larger Bench.

Revanasiddappa and Anr Vs Mallikarjun and Ors on 31 March 2011

Citations: [2011 SCJ 4 4], [2011 AIOL 244], [2011 CTC 2 810], [2013 ILR 4291], [2011 SCC 11 1], [2011 MWN CIVIL 3 528], [2011 MLJ 5 392], [2011 GLH 1 757], [2011 JCR SC 2 259], [2011 CLT SC 112 469], [2011 LW 3 255], [2011 SCALE 4 189], [2011 SCR 4 675], [2011 AIC 101 73], [2011 SCSUPPL CHN 4 50], [2011 AIR SC 2447], [2011 CALLT 3 58], [2011 KCCR 2 1531], [2011 AIR SC SUPP 155], [2011 JT SC 4 90], [2011 AWC SC 3 3126], [2011 UJ 2 1342], [2011 SCC CIV 3 581], [2011 KERLT 2 176], [2011 CGLRW 2 13], [2011 CUTLT 112 469], [2011 GUJ LH 1 757], [2011 ALR 86 450], [2011 RLW SC 3 2547], [2012 CCC SC 4 279]

Other Source links: https://indiankanoon.org/doc/138849/ or https://www.casemine.com/judgement/in/5609aef4e4b014971141545b


The current status of this case is as follows:

12574_2003_8_5_21000_Order_24-Feb-2020

The earlier Judgment contradicted by this one is Bharatha Matha and Anr Vs R. Vijaya Renganathan and Ors here.

Post Views: 128
Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Catena of Landmark Judgments Referred/Cited to HM Act 11 - Void marriages HM Act Sec 16 - Legitimacy of Children of Void and Voidable Marriages Legal Procedure Explained - Interpretation of Statutes Obiter Dicta Referred to Large Bench Reportable Judgement or Order Revanasiddappa and Anr Vs Mallikarjun and Ors | Leave a comment

Bharatha Matha and Anr Vs R. Vijaya Renganathan and Ors on 17 May 2010

Posted on April 23, 2020 by ShadesOfKnife

Supreme Court has settled the following question of law:

the question of inheritance of co-parcenery property by the illegitimate children, who were born out of the live-in-relationship, could not arise.

Bharatha Matha and Anr Vs R. Vijaya Renganathan and Ors on 17 May 2010

Citations: [2010 AIR SCC 2685], [2010 AIR SCC 0 3503], [2010 CTC 3 654], [2010 JT 5 534], [2010 RCR CIVIL 3 252], [2010 SCCC 11 483], [2010 AD 6 478], [2010 SCC 0 515], [2010 SCCJ 5 442], [2010 ALT 5 4], [2010 LW 4 791], [2010 MLJ 7 953], [2010 SLT 4 419], [2010 AIOL 333], [2010 SCALE 6 53], [2010 SUPREME 4 433], [2010 SCCC CIV 4 498], [2010 AIC 91 54], [2010 CALLJ 2 176], [2010 ALR 81 230]

Other Source links: https://indiankanoon.org/doc/1513913/ or https://www.casemine.com/judgement/in/5609aee7e4b0149711415176


This is contradicted (but NOT overruled) in Revanasiddappa And Another v. Mallikarjun And Others here.

Post Views: 234
Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Bharatha Matha and Anr Vs R. Vijaya Renganathan and Ors Catena of Landmark Judgments Referred/Cited to CPC 200 - Second Appeal Evidence Act 112 - Birth During Marrige Conclusive Proof of Legitimacy HM Act 11 - Void marriages HM Act 5 - Conditions for a Hindu Marriage Landmark Case Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order Revanasiddappa and Anr Vs Mallikarjun and Ors | Leave a comment

Lavanya Vs Ragavendra Goud on 9 January 2020

Posted on April 21, 2020 by ShadesOfKnife

Telangana High Court did not interfere with the divorce decree granted by lower Court and held so in the following Paras.

31. Therefore it appears that without any valid reason, the appellant deserted the respondent and denied him conjugal life. She also leveled false allegations that he and his family members demanded dowry. It appears that the appellant was left at her parents’ house by the respondent after she insisted on staying with her parents and threatened to commit suicide otherwise.
32. In these circumstances, we are of the opinion that the Court below was right in holding that not only had the appellant deserted the respondent and avoided leading a marital life since February, 2014, but also her threat to commit suicide put the respondent at risk.
33. Also, the filing of the criminal complaint under Section 498A IPC by the appellant against the respondent would make it difficult for the parties to lead a happy marital life.
34. We are also of the view that when it is the very case of the appellant that the respondent and his family members had allegedly harassed her for dowry, why she is opposing the grant of divorce is inexplicable because if her contention were to be correct, she would herself be subjecting herself to further cruelty at the instance of the respondent.
35. In these circumstances, we do not deem it appropriate to interfere with the order passed by the Court below dissolving the marriage between the parties.

Lavanya Vs Ragavendra Goud on 9 January 2020

Citations: [

Other Source links: https://indiankanoon.org/doc/65011903/


 

Post Views: 77
Posted in High Court of Telangana Judgment or Order or Notification | Tagged Divorce granted on Cruelty ground Divorce granted on Desertion ground HM Act 13 - Divorce Granted to Husband HM Act 28 - Appeals from Decrees and Orders Lavanya Vs Ragavendra Goud | Leave a comment

Palanisamy and Ors Vs K Dhanpalan on 21 March 2017

Posted on April 20, 2020 by ShadesOfKnife

Supreme Court held that without giving fair opportunity to the appellant, Disciplinary Committee could not have arrived at the conclusion of guilty.

Palanisamy and Ors Vs K Dhanpalan on 21 March 2017

Citations: [(2017) 4 SCC 713]

Other Source links: https://indiankanoon.org/doc/190018442/ or https://www.scconline.com/blog/post/2017/06/01/2017-scc-vol-4-may-21-2017-part-4/


Disclaimer:

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

I have no control to remove copies of this document(s) that may be available on websites of High Courts or Supreme Court of India or any of the many other sites, law journal or reporters which carry the same judgment in it’s entirety, not I can remove references/links to this document(s) from the results of Search Engines such as Google.com.

Post Views: 80
Posted in Supreme Court of India Judgment or Order or Notification | Tagged Advocate Antics Non-Reportable Judgement or Order Palanisamy and Ors Vs K Dhanpalan | Leave a comment

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