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True Colors of a Vile Wife

Category: Assorted Court Judgments or Orders or Notifications

Dr.Praveen R Vs Dr.Arpitha K S Cases

Posted on June 26, 2022 by ShadesOfKnife

Here are the list of cases filed by these people…

  1. Dr.Praveen R Vs Dr.Arpitha K S 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.
  2. Dr.Arpitha K.S. Vs Dr. Praveen R on 16 Jun 2020 – DVC was part allowed due to bad cross-examination.
  3. Dr.Praveen R Vs Dr.Arpitha K.S on 31 Aug 2021 – Perjury allowed.
    • (Master Page for Perjury Judgments here)
  4. Dr.Arpitha K.S Vs Dr.Praveen R on 03 Mar 2022 – Compromised and settled. All cases withdrawn.
Posted in Assorted Court Judgments or Orders or Notifications | Tagged Dr.Praveen R Vs Dr.Arpitha K S No Consummation of Marriage | Leave a comment

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.

  1. Bai Tahira A Vs Ali Hussain Fissalli Chothia and Anr on 06 Oct 1978
  2. f
  3. R.Rambilas Vs Anita and Anr on 16 Mar 2009
  4. f
  5. Ramchandra Laxman Kamble Vs Shobha Ramchandra Kamble and Anr on 21 Dec 2018
  6. Bulbuli Saikia Vs Jadav Saikia on 17 May 2022
Posted in Assorted Court Judgments or Orders or Notifications | Tagged Against Public Policy Agreements against Public Policy are Void | Leave a comment

Maintenance after Mutual Consent Divorce

Posted on May 24, 2022 by ShadesOfKnife

A (legal) cancer that is (Multiple) Maintenance after Mutual Consent Divorce dealt by the Court.

  1. Ganesh Appellant Vs Sudhirkumar Shrivastava and Ors on 22 Apr 2019 [SC: A Mother getting MCD could not have waived off the right to maintenance of her daughter from her father]
  2. Rajnesh Pal Naidu Vs Neha Naidu Joshi and Anr on 04 Nov 2020 [SC: Lots of guidelines for the menace of maintenance litigation in India]
  3. Prasenjit Mukherjee Vs State of West Bengal and Ors on 02 Sep 2021 [Calcutta HC: Referred to Larger (Division Bench)]
Posted in Assorted Court Judgments or Orders or Notifications | Tagged Maintenance after Mutual Consent Divorce | Leave a comment

IPC 494 and 495 Judgments

Posted on April 13, 2022 by ShadesOfKnife

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

  1. 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]
  2. 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]
  3. 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.]
  4. 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]
  5. 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]
  6. 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)]
  7. 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]
  8. 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.]
  9. 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]
  10. Asha Devi and Anr Vs State of UP and 2 Ors on 1 Dec 2020 [AHC: No protection for Bigamers]
  11. Harpreet Kaur and Anr Vs State of Punjab and Ors on 01 Nov 2021 [PHHC: No protection for Bigamers]

 

Posted in Assorted Court Judgments or Orders or Notifications | Tagged IPC 494 - Marrying again during life-time of husband or wife IPC 495 - Same offence with concealment of former marriage from person with whom subsequent marriage is contracted | Leave a comment

CrPC 156(3) Judgments

Posted on April 7, 2022 by ShadesOfKnife

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

  1. Suresh Chand Jain Vs State of Madhya Pradesh and Anr on 10 Jan 2001 [SCI: The Complainant need not be examined on Oath by the Magistrate]
  2. 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)]
  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]
  4. Priyanka Srivastava and Anr Vs State of UP and Ors on 19 March, 2015 [SCI: 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]
  5. Sabiya Begum Malka Vs State of U.P. and Ors on 18 May 2016 [All HC: Costs imposed on police for not filing FIR despite Orders u/s 156(3)]
  6. 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]
  7. MS Supreme Bhiwandi Wada Manor Infrastructure Pvt Ltd Vs State of Maharashtra on 26 Jul 2021 [SCI: 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

Posted in Assorted Court Judgments or Orders or Notifications | Tagged CrPC 156 - Police Officer's Power to Investigate Cognizable Case CrPC 156(3) - Any Magistrate Empowered u/s 190 May Order Such an Investigation as above-mentioned CrPC 156(3) - Application to be supported by an Affidavit CrPC 156(3) - Magistrate cannot examine the Complainant or Witness on Oath before taking Cognizance | Leave a comment

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.

 

  1. Bhagwan Premchandani Vs State of A.P. and Anr on 4 Nov 1997 [AP High Court]
  2. Inder Mohan Goswami & Another Vs State Of Uttaranchal & Others on 9 October, 2007 [Supreme Court]
  3. Arunkumar N Chaturvedi Vs The State of Maharashtra and Anr on 24 Dec 2013 [Bombay High Court]
  4. P.A.Saleem Vs State of Madras on 13 Jul 1994 [Madras High Court – Revision is available if Recall of NBW is dismissed]
  5. Manoj Kumar Vs State (NCT of Delhi) on 17 Mar 2018 [Delhi District Court – Revision is available if Recall of NBW is dismissed, relies on P.A.Saleem]

 


All Bail Matters here.

Posted in Assorted Court Judgments or Orders or Notifications | Leave a comment

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.

  1. Vijayanand Dattaram Naik and Ors Vs Vishranti Vijayanand Naik and Anr on 13 Feb 2019
Posted in Assorted Court Judgments or Orders or Notifications | Tagged Maintenance for a Limited Time Period | Leave a comment

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
Posted in Assorted Court Judgments or Orders or Notifications | Tagged IPC 124A - Sedition IPC 153A - Promoting enmity between different groups on ground of religion race place of birth residence language etc and doing acts prejudicial to maintenance of harmony IPC 505 - Statements conducing to public mischief Kanumuri Raghurama Krishnam Raju Vs State of AP and Ors Reprimands or Setbacks to YCP Govt of Andhra Pradesh | Leave a comment

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.

 

  1. R.D. Saxena Vs Balram Prasad Sharma on 22 August, 2000
  2. New India Assurance Co Ltd Vs A.K.Saxena on 7 Nov 2003 [SC]
  3. C.V. Sudhindra and Ors. Vs Divine Light School For Blind [KarHC]
  4. 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]
  5. 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]
Posted in Assorted Court Judgments or Orders or Notifications | Tagged Accused Have Right To Change Advocate Advocate Doesnot Have Lien Advocates Act Section 32 Need 'No Objection Certificate (NOC)' From Advocate Before Engaging new Advocate No Need Of No Objection Certificate (NOC) From Advocate Summary Post | Leave a comment

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

  1. Mohd Farman Vs State of UP on 12 Aug 2021 [Police person not to have beards against Circulars and Article 25 does not help]
  2. Waseem Vs State of UP and Anr on 30 Aug 2022 [Guidelines regarding to Recording of 161 CrPC Statements]

 

Andhra Pradesh High Court

  1. Kudari Chandrasekhar Vs State of AP on 08 Mar 2021 [Give number to 340 CrPC Perjury application and dispose it according to law]
  2. Sandeep Pamarati Vs High Court of AP and 14 Ors on 14 Nov 2022 [Clearance of ALL Old Cases those instituted prior to 2018]

 

Calcutta  High Court

  1. 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

  1. 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
      • R.D. Saxena Vs Balram Prasad Sharma [SC]
      • 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]
  2. Suprit Ishwar Divate Vs State of Karnataka on 10 Jun 2022 [No hand cuffing; Compensation for handcuffing; body cameras to all officers conducting arrests so that a record of the arrest may be made]

 

Kerala High Court

  1. XXX Vs State of Kerala and Ors on 05 July 2022 [Ensure 24/7 access to crisis centre, legal support for sexual assault survivors]
  2. Vysakh K.G. Vs Union of India and Anr on 22 Dec 2022 [Right to be forgotten in certain case types]

 

Madras High Court

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

 

Madhya Pradesh High Court

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

 

 

Patna High Court

  1. The National Highway Projects in the State of Bihar Vs State of Bihar on 10 May 2022 [Construct Retail stores with convenience facilities (toilets) on the State and National Highways in the State]

 

Telangana High Court

  1. P Parvathi Vs Pathloth Mangamma on 7 Jul 2022 (Directions issued regd appearance of respondents in DV Cases)

 

Posted in Assorted Court Judgments or Orders or Notifications | Tagged Article 226 - Power of High Courts to issue certain writs Article 227 - Power of superintendence over all courts by the High Court Decisions of High Courts to be made applicable in Other High Courts under Article 227 of the Constitution of India | Leave a comment

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