In a rare act, Justice Satyanarayan Murthy has given a Quash order in a false 498A IPC case. He also invoked AP Dowry Prohibition Rule 1998 which are available here.
Citations:
Other Source Links: https://indiankanoon.org/doc/114175976/
Here is the 1990 edition of the The Andhra Pradesh Civil Rules of Practice and Circular Orders, 1990
Find the Criminal Rules of Practice of AP High Court here.
This is another judgment from AP High Court which talks about Rule 37 of CRP and CO, 1990.
The bulk of the Criminal Rules of Practice, 1990 is available here.
This is another judgment from AP High Court which talks about Rule 37 of CRP and CO, 1990.
The bulk of the Criminal Rules of Practice, 1990 is available here.
This is one of the earliest judgments from Justice Shri B Siva Shankar Rao, where in he mentioned about Rule 37 of the Criminal Rule of Practice and Circular Order, 1990
The bulk of the Criminal Rules of Practice, 1990 is available here.
Here is the 1990 edition of the Criminal Rules of Practice and Circular Orders, 1990 (High Court of A.P.).
Four judgments of AP High Court that I could find related to Rule 37, are the following:
You can take a look at my 498A case here, where I have used Rule 37 successfully and am filing (absent) petitions via Registered Post – Acknowledge Due to the filing section.
The Amendments made to AP Criminal Rules of Practice and Circular Orders, 1990 are listed below.
Find the Civil Rules of Practice of AP High Court here.
Another judgments from Hon’ble High Court of Andhra Pradesh, where in DVC on brother-in-law and sister-in-law were quashed due to lack of specific allegations.
Cunning knife did drama in court seeking huge alimony but learned Judges of Hon’ble High Court of Andhra Pradesh showed her the door and levied costs for lying to court and filing false affidavits.
From Para 30,
On necessary analysis we find it difficult to accept these observations as it appears that the legislative intendment in framing Section 18 of HAM Act and Section 25 of HM Act are quite different. This is born out from the fact that Section 18 of HAM Act is intended for granting divorce to a wife when her marriage with her husband has been subsisting against her husband subject to the limitations provided therein, whereas Section 25 of HM Act is intended for granting maintenance to a divorced wife or husband subject to their conduct. No doubt, “wife” includes a divorced wife under normal parlance, but the question of awarding maintenance to her either as a wife or divorced wife should be within the legislative intendment or spirit. In other words, when the legislature framed Section 18 of HAM Act in the context of providing maintenance to a wife against her husband while their marriage has been subsisting, that is quite different from its intention in framing Section 25 of HM Act, the provisions of which are made applicable only to a divorced wife or husband subject to the conduct of himself or herself. The interpretation made in the decision cited to treat a wife who is not a divorcee and the wife who is a divorcee on equal footing for the purpose of awarding maintenance under Section 18 of HAM Act does not appear to be logical.
Hon’ble High Court of Andhra Pradesh has penalized the Writ petitioner as she has lied that she has submitted notarized affidavits but in fact she could not prove that she did. Hence the said affidavits introduced into the Court are termed as false affidavits which contained the false averment/pleading.
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