Judgments about Look Out Circular Notices

Posted on March 25 by ShadesOfKnife

A short collection of judgments about Look Out Circular Notices.

Sumer Singh Salkan Vs Asstt Director and Ors on 11 Aug 2010 [DHC: issued certain guidelines to be followed for issuing Look Out Circulars]
S.Martin Vs The Deputy Commissioner of Police on 21 Feb 2014 [MadHC: LOC can be withdrawn by the authorities concerned, who issued the same. Indeed, the Criminal Court’s jurisdiction in cancelling LOC or affirming the same is quite in tune with the jurisdiction of cancellation of Non Bailable Warrant]
Gattupalli Ujwal Vs State of Andhra Pradesh and Ors on 30 Oct 2019 [APHC: Follows Sumer Singh Salkan Vs Asstt Director and Ors on 11 Aug 2010]
Vikas Chaudhary Vs Union of India and Ors on 12 Jan 2022 [DHC: No LOC may be issued when no proceedings under any penal law have, in fact, been initiated]
Noor Paul Vs Union of India and Ors on 05 Apr 2022 [PHHC: Non-supply of a copy of the LOC to the subject of the LOC at the time the subject is stopped at the airport for travel abroad, non-supply of reasons for issuing LOC , and absence of a post decisional hearing to the subject of the LOC, is not just, fair and reasonable procedure and therefore it is violative of Art.21 of the Constitution of India]
- However, the said directions are currently stayed by the Hon’ble Supreme Court in Bank of India v. Noor Paul S.L.P.(C) No. 7733/2022.
Leena Rakesh Vs Bureau of Immigration on 20 Jun 2022 [KarHC: ]
Yerramilli Srinivas Vs State of Telangana and 2 Ors on 09 Jan 2023 [TSHC: Practice of Telangana Police in not sending delete LOC requests to BoI, after a competent Criminal Court grants bail to an accused]

MASTER INDEX is here.

State of AP Vs Basa Nalini Manohar and Ors on 23 Dec 2024

Posted on December 25, 2024 by ShadesOfKnife

I won’t comment about this Judgment. Posting here, with a hope that it may be set aside at a higher court.

State of AP Vs Basa Nalini Manohar and Ors on 23 Dec 2024

Maintenance Judgments under Hindu Adoptions and Maintenance Act 1956

Posted on March 11, 2024 by ShadesOfKnife

Supreme Court:

Vimalben Ajitbhai Patel Vs Vatslabeen Ashokbhai Patel And others on 14 March, 2008 [In Para 24, held that mother-in-law cannot be fastened with any liability of maintenance towards widowed daughter-in-law]

Delhi High Court:

Laxmi and Anr Vs Shyam Pratap and Anr on 28 Apr 2022 [failed to disclose any estate of her husband having devolved upon the respondents; Father-in-law expired and the appellants cannot as a matter of right, claim any maintenance from mother-in-law]
Suresh Tiwari and Anr Vs Madhu Tiwari on 31 Jul 2023 [No averment of the father-in-law holding any coparcenary property against which the daughter-in-law can maintain her claim under Section 19 of the Act and furthermore Impugned Order also does not give any such finding]

Patna High Court:

Ram Prasad Sahni Vs Punita Devi and Ors on 22 Jun 2017 [Trail Court failed to adjudicate whether the husband has left any estate for the applicant or whether her father-in-law has sufficient income or not]

Punjab and Haryana High Court:

Sunita and Anr Vs Pyare Lal and Ors on 08 Nov 2010 [Under Section 18 of the Act, a Hindu wife can claim maintenance from her husband but not from her in-laws. Under Section 19 of the Act, a Hindu wife can claim maintenance from her father-in-law after the death of her husband, provided and to the extent that she is unable to maintain herself and this right shall not be enforceable if father-in-law has no means to do so from coparcenary property. Under Sections 21 and 22 of the Act, grandchild is not entitled to claim maintenance from grandparents because they have not inherited any estate from their deceased son]
Satpal Vs Suman and Ors on 31 May 2019 [Mother-in-law cannot be made liable to maintenance to windowed daughter-in-law; grandchildren are entitled for maintenance]

Index of all Maintenance judgments is here.

Judgments on Transfer Petitions

Posted on September 23, 2023 by ShadesOfKnife

List of judgments pertaining to Transfer of matrimonial cases.

Supreme Court of India:

Nahar Singh Yadav and Anr Vs Union of India and Ors on 19 Nov 2010 [broad factors to consider while disposing transfer petitions u/s 406 Cr.P.C.]
NCV Aishwarya Vs AS Saravana Karthik Sha on 18 Jul 2022 [Supreme Court listed some principles to be considered while deciding transfer petitions]

Andhra Pradesh High Court:

Bombay High Court:

Sarita Rahul Sharma Vs Rahul Udayraj Sharma on 03 Oct 2024 [Due a minor child, wife’s prayer to transfer a Divorce petition from Vasai to Mahim (about 60 KMs) was allowed]
Samina Firdaus Vs Shoeb Khan on 24 Jan 2025 [Use video conferencing; FIR registered against knife and her gang for assault on husband and his family]

Karnataka High Court:

Sushmitha B.L. Vs Raghavendra B.R on 07 Jan 2025 [Inconvenience of the Husband caring for two minor children is given importance and Transfer petition was dismissed]

The MASTER INDEX is here.

Ratandeep Singh Ahuja Vs Harpreet Kaur Cases

Posted on July 25, 2023 by ShadesOfKnife

Here are the cases between this Ex-Couple…

Ratandeep Singh Ahuja Vs Harpreet Kaur on 11 Oct 2022 [PHHC: A division bench terminated the marital tie due to the cruelty and desertion of the wife]
Harpreet Kaur Vs Ratandeep Singh Ahuja [Appeal filed before the SC]

Condone Delay Judgments

Posted on July 22, 2023 by ShadesOfKnife

For various reasons, delay gets injected into Court proceedings especially when challenging a lower Court order/judgment before an appellate Court.

Supreme Court:

Lanka Venkateswarlu (D) by LRs Vs State of AP and Ors on 24 Feb 2011 [SC:]

Dr.XXXXX Vs Dr.XXXXX Cases

Posted on June 26, 2022 by ShadesOfKnife

Here are the list of cases filed by these people…

Dr.XXXXX Vs Dr.XXXXX on 24 Mar 2016 – In a ‘Annulment of marriage due to consummation of marriage by wife’ case, High Court granted opportunity to file the Written Statement/Counter.
Dr.XXXXX Vs Dr.XXXXX on 16 Jun 2020 – DVC was part allowed due to bad cross-examination.
Dr.XXXXX Vs Dr.XXXXX on 31 Aug 2021 – Perjury allowed.
- (Master Page for Perjury Judgments here)
Dr.XXXXX Vs Dr.XXXXX on 03 Mar 2022 – Compromised and settled. All cases withdrawn.

Agreements against Public Policy are Void

Posted on May 29, 2022 by ShadesOfKnife

A small collections of Judgments which state that, All/any agreements against Public Policy are Void.

IPC 494 and 495 Judgments

Posted on April 13, 2022 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.]
Miriyala Divya and 5 Others Vs Govt of AP on 19 September, 2014 [APHC: Magistrate can take cognizance of Sec 494 IPC complaint despite it having a rider u/s 198 CrPC. Explained]
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]
Baba Natarajan Prasad Vs M. Revathi on 15 Jul 2024 [SC: 6 months punishment for Bigamers]

Shades of Knife

True Colors of a Vile Wife

Category: Assorted Court Judgments or Orders or Notifications

Judgments about Look Out Circular Notices

State of AP Vs Basa Nalini Manohar and Ors on 23 Dec 2024

Maintenance Judgments under Hindu Adoptions and Maintenance Act 1956

Judgments on Transfer Petitions

Ratandeep Singh Ahuja Vs Harpreet Kaur Cases

Condone Delay Judgments

Dr.XXXXX Vs Dr.XXXXX Cases

Agreements against Public Policy are Void

IPC 494 and 495 Judgments