IPC 494 and 495 Judgments

Posted on April 13 by ShadesOfKnife

A short collection of Bigamy Judgments u/s 494 IPC/495 IPC.

Priya Bala Ghosh Vs Suresh Chandra Ghosh on 4 Mar 1971 [SC: Acceptable proof necessary that the (alleged second) marriage of the accused was celebrated or performed with proper ceremonies as prescribed u/s 7 of HMA, such as Saptapadi and Homam]
Santi Deb Berma Vs Kanchan Prava Devi on 10 Oct 1990 [SC: Acceptable proof necessary that the (alleged second) marriage of the accused was celebrated or performed with proper ceremonies as prescribed u/s 7 of HMA, such as Saptapadi and Homam]
Dwarika Prasad Satpathy Vs Bidyut Prava Dixit and Anr on 14 Oct 1999 [SC: The standard of proof of marriage in such proceeding is not as strict as is required in a trial of offence under section 494 of the I.P.C.]
S Nagalingam Vs Sivagami on 31 August 2001 [SC: Unless a valid marriage is proved, a second marriage stands invalid and no offence under section 494 IPC attracts]
K Neelaveni Vs State Rep By Inspector of Police and Ors on 22 Mar 2010 [SC: Clear ingredients of IPC 406 and 494; HC should NOT have quashed the FIR]
A.Subash Babu Vs State of A.P. and Anr on 21 July, 2011 [SC: Due to State amendment, IPC 494 and IPC 495 are Cognizable and Non-bailable Offences in AP (and Telangana)]
Kannan Vs Selvamuthukani on 30 Jan 2012 [SC: It has to be clearly established that the family members of Accused-husband knew that his divorce with his first wife was set aside before participating in the second marriage]
Ushaben Vs Kishorbhai Chunilal Talpada & Ors on 23 March, 2012 [SC: If a complaint contains allegations about commission of offence under Section 498A of the IPC which is a cognizable offence, apart from allegations about the commission of a non-cognizable offence under Section 494 of the IPC, the court can take cognizance thereof even on a police report.]
Saraswathi Vs Thirupathi and Anr on 24 Sep 2014 [MHC: Due to State amendment, as per Section 7A of HMA, tying thali, exchanging garlands are sufficient enough proof to attract IPC 494 and IPC 495 in Tamil Nadu and Pondicherry]
Asha Devi and Anr Vs State of UP and 2 Ors on 1 Dec 2020 [AHC: No protection for Bigamers]
Harpreet Kaur and Anr Vs State of Punjab and Ors on 01 Nov 2021 [PHHC: No protection for Bigamers]

CrPC 156(3) Judgments

Posted on April 7 by ShadesOfKnife

Here is a collection of judgments pertaining to utilization of CrPC 156(3).

Suresh Chand Jain Vs State of Madhya Pradesh and Anr on 10 Jan 2001 [SC: The Complainant need not be examined on Oath by the Magistrate]
Sakiri Vasu Vs State of U.P. and Ors on 7 Dec 2007 [SC: Magistrate has power to order registration of an F.I.R. and of ordering a proper investigation if the Magistrate is satisfied that a proper investigation has not been done, or is not being done by the police; Sequence is 154(1), then 154(3) and then 156(3)]
Jagannath Verma and Ors Vs State of UP and Anr on 23 Sep 2014 [All HC: An order of the magistrate rejecting an application under Section 156 (3) of the Code for the registration of a case by the police and for investigation is not an interlocutory order. Such an order is amenable to the remedy of a criminal revision under Section 397]
Priyanka Srivastava and Anr Vs State of UP and Ors on 19 March, 2015 [SC: Section 156(3) Cr.P.C. applications are to be supported by an affidavit duly sworn by the applicant who seeks the invocation of the jurisdiction of the Magistrate; affidavit was mandatory in order to attach propriety and genuineness to the application preferred under Section 156 (3) of CrPC, it was ought to be supported with an affidavit so as to justify the set of allegations]
Commercial Toyota Vs State of Uttarakhand and Anr on 31 Jul 2019 [Uttarakhand HC: Non-filing of affidavit along with the application under S. 156(3) of CrPC held to be a curable defect]
MS Supreme Bhiwandi Wada Manor Infrastructure Pvt Ltd Vs State of Maharashtra on 26 Jul 2021 [SC: There is no scope for examining the complainant (or any witnesses) in a 156(3) CrPC proceeding, since that stage is pre-cognizance of any cognizable offence]

Go to All Protection from Police High-handedness

NBW Judgments

Posted on November 24, 2021 by ShadesOfKnife

Here are few cases which can come handy in case a dumbo trial court PO (presiding officer) passes a Non-bailable Warrant for your arrest.

Bhagwan Premchandani Vs State of A.P. and Anr on 4 Nov 1997 [AP High Court]
Inder Mohan Goswami & Another Vs State Of Uttaranchal & Others on 9 October, 2007 [Supreme Court]
Arunkumar N Chaturvedi Vs The State of Maharashtra and Anr on 24 Dec 2013 [Bombay High Court]

Maintenance granted only for a limited Time Period

Posted on September 8, 2021 by ShadesOfKnife

A list of decisions where maintenance was granted for only a limited time.

Vijayanand Dattaram Naik and Ors Vs Vishranti Vijayanand Naik and Anr on 13 Feb 2019

Kanumuri Raghurama Krishnam Raju Vs State of AP and Ors

Posted on May 27, 2021 by ShadesOfKnife

On his birthday 14 May 2021, Member of Parliament Sri Kanumuri Raghurama Krishnam Raju was arrested from his home at Hyderabad by the AP CID Police and brought to CID office at Guntur. On the intervening night between 14th and 15th May 2021, he was subjected to the 3rd degree police torcher by the AP CID Police on the instruction of their Higher up who may be boot-licking their political masters. Then a slew of legal actions were put to motion…

On 19 May 2021,

The Police officials who tried to act smart and favor their pay-master Chief Minister of AP by not implementing the Order of High Court, got served with Contempt of Court notices. The High Court also showcased the shenanigans of the Superintendent of the Government General Hospital, Guntur who is also the wife of the head of the ruling party’s IT Cell also, who did not finish the examination of accused in time and made the High Court wait until 6PM, finally issuing a notice why action should not be taken under the provisions of Contempt of Court Act.

The AAG got rap on his butt from Justice Lalitha Kanneganti by saying that he could be referred to Bar Council for taking appropriate action, which may involve immediate suspension from Bar Association which will render him a non-advocate during suspension period and eventually getting kicked out of the Legal profession itself, all for the chamchagiri he intended to do to the Chief Minister of AP.

Hilarious stuff!!

HC-DB-Kanumuri Raghurama Krishnam Raju Vs State of AP and Ors on 19 May 2021

On 21 May 2021,

Supreme Court granted bail with usual conditions.

In our view, considering the injuries as reported by the Medical Board of the Army Hospital, we can prima facie form an opinion that the appellant may have been ill-treated while in police custody. Further, we are of the opinion that the charges against the appellant are not such in which custodial interrogation would be required as all the statements made by the appellant are on record and the FIR has been lodged only after a detailed enquiry by the State CID. Considering the totality of the circumstances and also the health position of the appellant, specially that the appellant has undergone heart bypass surgery in December 2020, which is not denied by the respondent and has also been noted in the report of the Medical Board of the Army Hospital, we deem it just and proper that the appellant be enlarged on bail

SC-Kanumuri Raghurama Krishnam Raju Vs State of AP and Ors on 21 May 2021

On 17 Jun 2021,

On the request of the petitioner’s advocate, AP High Court disposed of this petition as no further action is required.

HC-DB-Kanumuri Raghurama Krishnam Raju Vs State of AP and Ors on 17 Jun 2021

Change the Advocate

Posted on January 21, 2021 by ShadesOfKnife

Here are few case laws to support your effort in changing an advocate who is already on record of a Court in your cases.

R.D. Saxena Vs Balram Prasad Sharma on 22 August, 2000
New India Assurance Co Ltd Vs A.K.Saxena on 7 Nov 2003 [SC]
C.V. Sudhindra and Ors. Vs Divine Light School For Blind [KarHC]
Karnataka Power Distribution Vs M RajaShekar on 2 Dec 2016 [NOC not required to engage new advocate, if the advocate was discharged by client, following the procedure established by law]
Bhagya and Ors Vs Jayalakshmi and Ors on 13 Feb 2019 [Only after the advocate was discharged by client, following the due procedure established by law, a client can engage a new advocate]

Decisions of High Courts to be made applicable in Other High Courts under Article 227 of the Constitution of India

Posted on January 21, 2021 by ShadesOfKnife

This page lists case laws from different High Courts in which good directions were passed, that I want to be passed by other High Courts also, under Article 226 of the Constitution of India read with Article 227 of the Constitution of India. This is important because, decision of a High Court, being a Constitutional Court having jurisdiction only within the territory of the State of Union Territory for which it is High Court, has only persuasive value in a Court outside that State of Union Territory. (Some goals are here)

Allahabad High Court

Mohd Farman Vs State of UP on 12 Aug 2021 [Police person not to have beards against Circulars and Article 25 does not help]

Andhra Pradesh High Court

Kudari Chandrasekhar Vs State of AP on 08 Mar 2021 [Give number to 340 CrPC application and dispose it according to law]

Calcutta High Court

In re UTP Dipak Joshi, lodged in Dum Dum Central Correctional Home [UTPs unfit (under CPC and CrPC) to stand trial to be released]

Karnataka High Court

Karnataka Power Distribution Vs M RajaShekar on 2 Dec 2016 [NOC not required to engage new advocate, if the advocate was discharged by client, following the procedure established by law]
- relied on

Kerala High Court

Madras High Court

Dr.P.Pathmanathan and Ors Vs V.Monica and Anr on 18 Jan 2021 [Wonderful Guidelines for PWDVA cases]

Madhya Pradesh High Court

Hrishikesh Jaiswal Vs State of Madhya Pradesh and Others [Effective implementation of Motor Vehicle Act/Rules in the State]

Case laws or Judgments under SC and ST (Prevention of Atrocities) Act 1989

Posted on January 13, 2021 by ShadesOfKnife

A compilation of judgments from various Courts of India in relation to SC and ST (Prevention of Atrocities) Act 1989

Shelbin Vs State of Kerala on 16 February, 2018 (AB in a SC and ST Act case)
Pardeep Kumar Vs State of Haryana and Anr on 14 May 2020 (Charge sheet Quashed; insult not in public view but over a phone call)
Jaisingh Agarwal and Anr Vs State of Chhattisgarh and Anr on 27 Oct 2020 (A complaint u.s 156(3) is maintainable in the Special SC/ST Court)
Hitesh Verma Vs State of Uttarakhand and Anr on 05 Nov 2020

Zero FIR Case Laws/ Judgments

Posted on January 10, 2021 by ShadesOfKnife

Here is a list of judgments from Supreme Court and various High Courts and Legislative/Police Circulars, which talk about a concept called as Zero FIR, meaning register FIR first and then transfer it to appropriate Police Station in which territorial limits the alleged offence occurred. If FIR is not registered, IPC 166A proceedings can be initiated against the Police officers. More actions available here.

Case Laws or Judgments of Courts

Legislative / Police Circulars

Ministry of Home Affairs Dt: 2013-05-10 : 2013-05-10 Registration of FIR irrespective of territorial jurisdiction and Zero FIR
Ministry of Home Affairs Dt: 2015-10-12 : 2015-10-12 Advisory Compulsory Registration FIRs
DGP Office, Karnataka, Dt: 2019-11-26 : 2019-11-26 Registration of FIR (Zero FIR)

All Compensation Judgments for Motor Vehicle Accidents or other mishaps

Posted on January 4, 2021 by ShadesOfKnife

Here is a list of case laws (includes decisions from Supreme Court, High Courts, District Court and other bodies such as Consumer forums) regarding compensation in cases of accidental death or disability or other mishap which entitles compensation for the aggrieved. This is done under provisions under CrPC or Schemes setup by Courts/Government or under Article 21 of Constitution. Can be used to seek compensation in cases of loss of life, part/full disability, loss of reputation, loss of companionship etc.

Index of MASTER sitemap here.

Shades of Knife

True Colors of a Vile Wife

Category: Assorted Court Judgments or Orders or Notifications