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True Colors of a Vile Wife

Category: Assorted Court Judgments or Orders or Notifications

Exemption from Personal Appearance (u/s 205 CrPC) in Court Judgments

Posted on August 16, 2020 by ShadesOfKnife

The following are list of judgments that you can cite while seeking Exemption from Personal Appearance in Court proceedings.

  1. In Sukla Mukherjee Vs State on 13 Dec 1994, Calcutta High Court said 205 CrPC applies to warrants cases also like 498A IPC.
  2. In R.Annapurna Vs Ramadugu Anantha Krishna Sastry and Ors on 09 Aug 2000, SC passed 3 conditions before granting exemption from personal appearance.
  3. In MS. Bhaskar Industries Ltd Vs MS. Bhiwani Denim and Apparels Ltd and Ors on 27 August 2001, Supreme Court says,
    • 17. Thus, in appropriate cases the magistrate can allow an accused to make even the first appearance through a counsel. The magistrate is empowered to record the plea of the accused even when his counsel makes such plea on behalf of the accused in a case where the personal appearance of the accused is dispensed with. Section 317 of the Code has to be viewed in the above perspective as it empowers the court to dispense with the personal attendance of the accused (provided he is represented by a counsel in that case) even for proceeding with the further steps in the case. However, one precaution which the court should take in such a situation is that the said benefit need be granted only to an accused who gives an undertaking to the satisfaction of the court that he would not dispute his identity as the particular accused in the case, and that a counsel on his behalf would be present in court and that he has no objection in taking evidence in his absence. This precaution is necessary for the further progress of the proceedings including examination of the witnesses.
  4. In Sri Pritam Sen Vs The State Of West Bengal on 18 October, 2001, Calcutta High Court says, “the learned Magistrate, in the fitness of the things, should not have Issued warrant against the petitioner at the first Instance without assigning any reason in compliance with provisions laid down in Clauses (a) and (b) of Section 87 of the Code of Criminal Procedure.”
  5. In Md. Naim @ Md. Naimuddin Vs. State of Bihar and Ors on 08 Dec 2006, Patna High Court said 205 CrPC applies to warrants cases also like 498A IPC.
  6. In the landmark Rajesh Sharma & ors. Vs State of UP and Anr on 27 July 2017 judgment, Supreme Court held that personal exemption to be granted to accused who are residing in outstation locations. (FWC directions struck down, rest modified – Social Action Forum for Manav Adhikar, SC 3J, 2018, paras 35-42; exemption still needs s.205/317 application)
  7. In Sri Rameshwar Yadav Vs The State Of Bihar on 16 March, 2018, Supreme Court granted Exemption from Personal Appearance to parents of Arnesh kumar.
  8. In Ajay Kumar Bisnoi and Anr Vs MS KEI Industries Limited on 25 September 2015, Madras High Court says, “a Magistrate can dispense with appearance of accused in a criminal case on first appearance itself, if accused is represented by an Advocate and supported by reasonable excuse.”
  9. In Ajay Kumar Saboo Vs State of Bihar on 30 Jun 2017
  10. Puneet Dalmia Vs CBI Hyderabad on 16 December 2019 [SC: Give an undertaking and get 205 allowed]
  11. Dr.P.Pathmanathan and Ors Vs V.Monica and Anr on 18 Jan 2021 [MadHC: Multilple Guidelines passed]
    • Overruled by Apex Court in Kamatchi Vs Lakshmi Narayanan on 13 Apr 2022
  12. P Parvathi Vs Pathloth Mangamma on 7 Jul 2022 [TelHC: Guidelines passed in disposing Domestic Violence cases]
  13. YS Jagan Mohan Reddy Vs Central Bureau of Investigation on 26 Aug 2022 [APHC: If the accused has no issues for an advocate to represent him during the criminal case proceedings, the magistrate may grant exemption from personal appearance]
  14. Sharif Ahmed and Anr Vs State of UP and Anr on 01 May 2024 [SC: The observation that there is no provision for granting exemption from personal appearance prior to obtaining bail, is not correct]
Posted in Assorted Court Judgments or Orders or Notifications | Tagged CrPC 205 – Magistrate may dispense with personal attendance of accused | Leave a comment

All Bail Judgments

Posted on August 9, 2020 by ShadesOfKnife

Here are all kinds of Bail matters, granted/denied, Regular/Anticipatory etc

  • Station Bail
  • Regular Bail Orders u/s 437
  • Anticipatory Bail Orders u/s 438 CrPC
  • Default or Statutory Bail u/s 167(2)
  • Transit Bail
  • NBW Judgments

 


Index to MASTER sitemap here.

Posted in Assorted Court Judgments or Orders or Notifications | Tagged Catena of Landmark Judgments Referred/Cited to CrPC 167 - Procedure when investigation cannot be completed in twenty-four hours CrPC 167(2) - Default or Statutory Bail CrPC 437 - When bail may be taken in case of Non-Bailable Offence CrPC Sec 438 - Anticipatory Bail | Leave a comment

Index of all Summary Case Law Pages on Shades of Knife

Posted on July 18, 2020 by ShadesOfKnife

This can be considered as a sitemap of all Summary pages on my site, Shades of Knife.

Delivery of Justice

  • All Bare Acts of India here.
  • All Life Cycles of various cases here.
  • All Compulsory Registration of Marriage in India – Both Acts and Rules here.
  • All Dowry related case laws here.
  • All Dowry Harassment Judgments under Section 498A of IPC here.
  • All Bigamy Judgments under Sections 494 and 495 of IPC here.
  • All Matters related to Exemption from Personal Appearance (u/s 205 CrPC) here.
  • All Bail Matters here.
  • All Condone Delay Judgments here.
  • All Look Out Circular Decisions here.
  • All Passport Judgments here.
  • All Police Clearance Certificate Judgments here.
  • All Discharge Judgments u/s 227 Cr.P.C. here.
  • All Discharge Judgments u/s 239 Cr.P.C. here.
  • All Quash Judgment u/s 482 Cr.P.C. here.
  • All Defamation Judgments here.
  • All Domestic Violence Judgments here.
  • All Divorce Judgments here.
  • All Maintenance Judgments here.
  • All Acquittal from Criminal Matrimonial Cases here.
  • All Perjury Judgments here.
  • All Compensation Judgments for Motor Vehicle Accidents or other mishaps here.
  • All Transfer Petition Judgments here.
  • All Amicable ways of working with Advocates here.
  • All Contempt of Court Judgments here.
  • All Legal templates and Drafting here.
  • All Antics of Bar Council of India or State Bar Councils here.

 

 

Administration of Justice:

  • All Protection from Police High-handedness here.
  • All Reliefs from Judiciary here.
  • All publicly available legal research tools here.
  • All Video Conferencing Guidelines of Courts in India here.
  • Usage of A4 sheets with Double-Sided Printing for all purposed in Court here.
  • eCourts Project
  • AI-based Legalbots
  • Various rights covered under Article 21 (Protection of life and personal liberty) of Constitution of India here.
  • Staff on Administration of Justice, such as Registry Staff can not exercise Judicial functions such as deciding/dismissing applications/petitions based on their maintainability. See here.
  • All Legal strategies and Defence here.
  • All Law Concepts explained here. 

 

Personal Interest

  • All Legal Goals to Achieve under Judicial Activism (Via Public Interest Litigation) here.
  • All Decisions of High Courts to be made applicable in Other High Courts under Article 227 of the Constitution of India here.
  • All false cases laid on me [Sandeep Pamarati Vs Ungrateful Knife] here.

 

Posted in Assorted Court Judgments or Orders or Notifications | Tagged Catena of Landmark Judgments Referred/Cited to Summary Post Work-In-Progress Article | 2 Comments

Dowry Prohibition Act Judgments

Posted on July 18, 2020 by ShadesOfKnife

Here are a collection of judgment pertaining to Dowry Prohibition Act 1961 and other cases involving Dowry element.

  1. Sarla Prabhakar Waghmare Vs State of Maharashtra And Others on 10 April 1989 [SC:Cruelty should be such that, as to make woman commit harm to herself]
  2. Sankar Prasad Shaw and Ors Vs The State and Anr on 27 Jul 1990 [CalHC: Agreement is prerequisite for Sec 4 conviction]
  3. Arjun Dhondiba Kamble and Ors Vs The State of Maharashtra on 14 February 1992 [BomHC: Any property demanded not in connection of marriage is not dowry]
  4. Harikumar Vs State of Karnataka on 22 October 1993 [SC: Section 8A of Dowry Prohibition Act is not unconstitutional]
  5. Shamnsaheb M. Multtani Vs State of Karnataka on 24 January 2001 [Presumption does not let Prosecution free from establishing their case before burden of proof shifts to accused]
  6. Pandurang Shivram Kawathkar Vs State of Maharashtra on 5 February 2001 [BomHC: Dowry demand is made out anytime before, during or after marriage, as long it is in connection with marriage]
  7. State of U.P Vs Santosh Kumar and Ors on 3 Sep 2009 [SC: Giving dowry under demand is a crime u/s 3 of DP Act read with Sec 2 of the DP Act]
  8. Pooja Saxena vs State and Anr on 20 October 2010 [DHC: Dowry giver is protected from prosecution]
  9. Sharanappa S. Kallur Vs State of Karnataka on 07 Jun 2011 [KarHC: Relies on this case here]
  10. Uma Devi Vs State and Anr on 01 Aug 2011 [DHC: Dowry giver is protected from prosecution]
  11. Vipin Jaiswal Vs State of A.P. on 13 March 2013 (Overruled)
  12. Manjunath Eshwar Vs State of TN on 16 Apr 2013 [MadHC: Relies on SC decision State of U.P Vs Santosh Kumar and Ors here]
  13. Surinder Singh Vs State of Haryana on 13 November 2013 [Demand for dowry in connection with marriage was available so, Dowry Demand allegation is made out]
  14. Gunakala Durga Rani Vs Gunakala Sudhakar on 6 January 2015 [Dowry not proved in a DV Case]
  15. Rajinder Singh Vs State of Punjab on 26 February 2015 [Landmark: Demand for dowry in connection with marriage]
  16. Sudha Vs State (NCT of Delhi) on 4 January 2016 []
  17. Chembeti Srilakshmi Vs Chembeti Sreenu on 7 January, 2016 [Dowry element is time-barred due to AP DP Rules 1998]
  18. Shaik Mehataj @ Jareena Vs Shaik Humayun on 3 October, 2016 []
  19. Korimerla Videesha Vs State of A.P. and Anr on 12 October, 2018 [Invoked AP DP Rules 1998]
  20. Shivendra Raizada and Others Vs State of U.P. and Anr on 6 December 2018 [Gifts are not Dowry]
  21. M. Sudarshan Goud and Ors Vs The State of AP on 24 April 2020 [Dowry should either be given or agreed to be given at or before or after the marriage in connection with the marriage]
  22. Rajesh Chaddha Vs State of Uttar Pradesh on 13 May 2025 [SC : Vague and omnibus allegations cannot sustain a conviction under Section 498A IPC and Section 4 of the Dowry Prohibition Act.]

 

Bare Act, Amendments, Rules etc

Dowry Prohibition Act here.

State-enacted Rules are here.

 


MASTER SITEMAP here.

Frequently Asked Questions – Dowry Prohibition Act (DPA) Jurisprudence in India

The Dowry Prohibition Act, 1961 is a special law enacted to prohibit the giving, taking, or demanding of dowry at the time of marriage or afterward. It criminalizes dowry practices and provides for penalties, including imprisonment and fines, to deter society from this social evil.

Under the Act, dowry means any property or valuable security given, taken, or demanded as a condition for marriage. This includes cash, gifts, ornaments, vehicles, real estate, or any other valuable items provided to the bride or groom’s family. Any demand for additional gifts or money after marriage is also treated as dowry.

In addition to the Dowry Prohibition Act, other penal provisions are often invoked in dowry cases, including:

  • Section 498A IPC – Cruelty by husband or relatives
  • Section 304B IPC – Dowry death
  • Section 34 IPC – Common intention

These sections are commonly applied in conjunction to address cruelty, harassment, and fatal incidents related to dowry demands.

Yes. The demand for dowry alone is an offence under the Act. Even if the dowry is not physically delivered, the mere act of demanding money or valuables in connection with marriage amounts to an offence and attracts legal consequences.

Yes. The law recognizes that dowry harassment may involve multiple persons. Therefore, relatives of the husband, such as in-laws, can also be prosecuted if they actively participate in demanding or pressuring the bride for dowry.

Punishment varies depending on the severity:

  • Simple dowry demand may attract imprisonment and a fine.
  • In cases of dowry death (death within 7 years of marriage due to dowry harassment), enhanced punishment under Section 304B IPC is applied.
    Courts have often noted that dowry offences are serious and socially harmful, justifying strict penalties.

Bail is not automatic in dowry-related offences, especially under serious sections like 304B IPC or when there is strong evidence of cruelty or death. However, both anticipatory bail and regular bail may be considered based on the facts, severity, and compliance with investigation procedures.

Yes. A fair trial entails examination and cross-examination of witnesses. Courts have emphasized that complainants and accused both must be afforded a chance to be heard, and evidence must be tested impartially during trial proceedings.

Refusal to have sexual relations alone does not constitute dowry harassment. However, when such refusal is coupled with coercion, cruelty, or demand for dowry, it may form part of evidence for cruelty under Section 498A IPC or for establishing harassment in dowry practice cases.

Yes. Dowry death convictions have been upheld on circumstantial evidence, especially where:

  • Death occurs within 7 years of marriage,
  • There is proof of harassment, cruelty, and dowry demand,
  • The conduct of the accused suggests involvement.
    Courts have clarified that even in the absence of direct evidence, consistent and cogent circumstantial evidence can lead to conviction.

Medical and forensic evidence often play a critical role, especially in dowry death cases. Courts rely on autopsy reports, injury examinations, and forensic findings to build the prosecution’s case on cause of death, timing of injuries, and whether they align with alleged cruelty or harassment.

Once a dowry-related FIR is registered and investigation begins, the prosecution proceeds in the name of the State, not the complainant. Therefore, withdrawal of an FIR depends on court approval and merits under Section 439/482 CrPC, and is not solely at the complainant’s discretion.

Posted in Assorted Court Judgments or Orders or Notifications | Tagged Catena of Landmark Judgments Referred/Cited to Dowry Prohibition Act 1961 Summary Post Work-In-Progress Article | Leave a comment

Legal Litigation against Y S Jagan Mohan Reddy

Posted on June 28, 2020 by ShadesOfKnife

Here is a compendium of litigation against Y S Jagan Mohan Reddy.

  1. C.C. No. 01 of 2012 [Principal Special Judge for CBI Cases at Hyderabad; Sections 120-B, 379, 409, 411, 420, 427, 447 and 468 of Indian Penal Code (for short “I.P.C.”)and under Section 13 (2) read with Section 13 (1) (d) of Prevention of Corruption Act (for short “P.C.Act”)]
  2. C.C. No. 25 of 2013 [Principal Special Judge for CBI Cases at Hyderabad; Sections 120-B and 420 of I.P.C. and under Section 13 (2) read with Section 13 (1) (d) of P.C.Act]
  3. W.P. (Civil) No. 4124 of 2020 at Delhi High Court [Anna YSR Congress Party Vs The Election Commissioner of India thru it’s Chief Election Commissioner and Anr]. Last update here.
Posted in Assorted Court Judgments or Orders or Notifications | Tagged Work-In-Progress Article | Leave a comment

Video Conferencing Guidelines of Courts in India

Posted on June 22, 2020 by ShadesOfKnife
  • Supreme Court of India here.
  • High Court of Andhra Pradesh here.
  • High Court of Delhi here.
  • High Court of Karnataka

 

 

 

District Judiciary:

  1. Andhra Pradesh

MASTER SITEMAP here.

Posted in Assorted Court Judgments or Orders or Notifications | Tagged Summary Post Video Conferencing | Leave a comment

Ashwinbhai Kamsubhai Rathod Vs Bhailalbhai Kalubhai Pandav BM Chudasama and others on 12 May 2020

Posted on May 13, 2020 by ShadesOfKnife

High Court of Gujarat has quashed the December 2017 election of Gujarat’s Law Minister, Bhupendrasinh Manubha Chudasama to the State’s Legislative Assembly as violative of the Representation of People’s Act, 1951

Latest: The LawMin appealed against High Court judgment at Supreme Court.

Ashwinbhai Kamsubhai Rathod Vs Bhailalbhai Kalubhai Pandav BM Chudasama and others on 12 May 2020

Citations: []

Other Source links: https://www.barandbench.com/news/litigation/such-an-election-should-not-be-permitted-to-hold-the-field-gujarat-hc-quashes-state-law-minister-bm-chudasamas-2017-election

Posted in Assorted Court Judgments or Orders or Notifications High Court of Gujarat Judgment or Order or Notification | Tagged 1-Judge Bench Decision Ashwinbhai Kamsubhai Rathod Vs Bhailalbhai Kalubhai Pandav BM Chudasama and others Election Matter Reportable Judgement or Order Work-In-Progress Article | Leave a comment

Circus feats of the YCP Govt of Andhra Pradesh

Posted on April 16, 2020 by ShadesOfKnife

A curated list of mangled-up decisions of incumbent YCP Govt. of Andhra Pradesh and the consequences suffered by public thereof and how Hon’ble Courts and Tribunals of this Great Nation did their best to protect State of Andhra Pradesh and it’s people. For legal litigation against incumbent Chief Minister in his personal capacity, go here.

Disclaimer: These are many more which I may not be aware of or may not have details to capture on this page. If you want to share such information, please use the Contact me page.

 

1. Destruction of Prajaa Vedika

 

2. Review of Power Purchase Agreements

 

 

3. Reduction of Z+ category security cover for Opposition Leader N. Chandrababu Naidu

 

4. Reverse Tendering in Polavaram HydroPower Project Contract

 

 

5. Disclose Government Stand on Swiss Challenge

 

 

6. Failure in Transferring of Lands to Bundar Port

 

 

7. Give reasons for removal of Agricultural Market Yard Chairmen

 

 

8. Direction to APERC to finalize Power prices

 

 

9. Decision by Executive Council in contrary to Universities Act

 

 

10. What is action taken by Government when School uniforms and text books are sold for inflated prices?

 

 

11. What is the Government policy to allocate Government lands to Private individuals and Organizations?

 

 

12. Notices to Botsa and Buggana on the Committee regd Capital Amaravati

 

 

13. Not conducting Panchayat Elections even after High Court directions

Finalize reservations before Jan 7th 2PM and share with SEC

BC reservations reduced to 24% from 34%

 

 

14. Basis/norm for giving payment for Pasters, Imams and Mauzans

 

 

15. Cannot dissolve Temple Boards as per Government wish

 

 

16. Why payments to Solar and Tidal Power Generation companies are pending?

  • High Court says, APSPDCL should immediately Pay the pending dues to Solar, Tidal Power Generation companies, as committed to them to be paid in 4 weeks here.

 

 

17. Liquor Prohibition

  1. Bars reduced from 840 to 530. Madya vimochana Prachara Committee. Not sure how much of public funds are grabbed under this guise. Fake brands. Exponential rates.
  2. Why no reduction in retail liquor business in AP in Prohibition is target? What is the reason for reducing bars? 04-12-2019
  3. Why advance notice not issued to Bar owners before reducing them?
  4. Stay on Old Bar licenses and Issue of New Licenses

 

 

 

18. YCP Colors to Panchayat Buildings

    • Muppa Venkateswara Rao Vs State of AP on 10 March 2020 [WP(PIL) allowed by AP High Court]
    • State of AP Vs Muppa Venkateswara Rao on 23 March 2020 [SLP dismissed by Supreme Court]
    • G.O. Ms. No. 623 [Guidelines on Colour combination theme for painting of Gram Panchayat Buildings; Attempted Disguising Technique: Colours representing Various revolutions]
    • Suryadevara Venkata Rao Vs State of AP on 05 May 2020 [High Court suspended the G.O. Ms. No.623 and it’s implementation]
      • Final Order here. [G.O. Ms. No.623 is quashed]
    • State of AP Vs Suryadevara Venkata Rao on 03 June 2020 [Supreme Court dumped the Civil Appeal against above High Court Judgment]

 

 

19. Mandatory English medium in School Education system

    • High Court: Will recover funds spent on Printing Academic books, running of classes from responsible officers.
    • Dr. Srinivas Guntupalli Vs State of Andhra Pradesh and Ors on 15 April 2020 [G.O Issued by Govt of Andhra Pradesh is held to by lacking total application of mind]
    • G.O. Ms. No.20 [Collect feedback from Parents of Children regd their preference for Medium of Instruction in all Government schools in the State – Dt 21 April 2020; Attempted Disguising Technique: Parents will choose English this time as their preferred medium of teaching for their children]
    • Supreme Court

 

20. How can you appoint In-charge Chairman where is an incumbent Chariman for APPSC?

  • No one interferes in the duties of APPSC Chairman Uday Bhaskar

 

 

21. Damodar Naidu has qualifications to become V.C. Dismissal of Petitions challenging his appointment

 

 

22. Suspension of Jasthi Krishna Kishore

 

 

23. First installment of Rs. 1845 Crores received under NREGS for 2019-20 from Central Government not deposited into Gram Panchayats. Deposit within 1 month.

 

 

 

24. Three Capital Cities for Andhra Pradesh

  1. Why impose section 144 CrPC on peacefully agitating farmers for Amaravati?
  2. Why violence was unleashed on women protesters and no women police to apprehend them?
  3. No movement of Government offices from Amaravati until the petitions about Capital city are pending. If moved, State Government and Department Officials will be liable for consequences and spent amount will be recovered from personal pockets.
  4. Submit all reports from GN Rao Committee and BCG.
  5. Andhra Pradesh to have 3 Capital cities (Kurnool-Judicial Capital, Visakhapatnam-Administrative/Executive Capital and Amaravathi-Legislative Capital)
    • Bill #1
    • Bill #2
    • Troubling farmers here.
  6. Rajadhani Rythu Parirakshnana Samithi challenged the Trifurcation of State in the guise of decentralized development/administration here.
    • State went to Supreme Court here on the Status Quo granted. How desparately irresponsible!!
    • Additionally, fandogs went to supreme court and got nice buttslaps here.
  7. Insider Trading Allegations case
    • Chekka Guru Murali Mohan and Anr Vs State of AP and Anr on 19 Jan 2021
      • State of AP Vs Chekka Guru Murali Mohan and Ors on 19 Jul 2021 (Supreme Court crushed the Petition!)

 

25. Revoke the GO pertaining to the appointment of EO for Sri Durgamalelswara Swamy temple, Vijayawada

 

 

 

26. YS Vivekananda Reddy Murder case

  • What are the objections in entrusting YS Vivekananda Reddy murder case to CBI? YS Jagan reddy himself demanded for CBI investigation while being a Opposition Leader. What is your current stand after coming to Power now?

 

 

 

27. GVMC Elections

  • When is the election notification for GVMC going to be announced?

 

 

 

 

28. Photos of YS Jagan Reddy on Panchayat Buildings

  • No photo of PM in Parliament, No Chief Justice photo in High Court. But why CM Photo on Panchayat Buildings? [Investigate these case laws: https://www.casemine.com/search/in/Common%20Cause%20advertisements%20public%20funds]

 

 

 

29. Navaratnaalu – Pedalaku illu

  1. High Court: Can not give Amaravati lands to landless poor. No one side game like this allowed.
  2. How can you grab lands of poor? Assigned lands turned into House sites? Grab from one poor and dole out to another? KVPS Writ
  3. Trying to Grab Kakinada Mangrove forest area. Case details here. Attempted Disguising Technique: to construct homes for poor
    • Another set of cases here.
  4. Converting Poramboke lands into Assessed Waste lands in Kadapa. Case details here. Attempted Disguising Technique: to grant house sites to poor
  5. Land grab in East Godavavi District. Case details here. Attempted Disguising Technique: To construct Gram Sachivalayam, Raithu Bharosa Kendram, YSR Clinic
  6. Attempt to allot lands to people from Economically Weaker Sections out side Amaravati region here.
    • Summary dismissal at Supreme Court here.

 

 

 

30. Funds released under Central Employment Scheme

  • Why funds released under Central Employment Scheme for the year 2018-19 to the tune of Rs. 1134 Cr not disbursed?

 

 

 

31. Obstructing the peaceful tour of N Chandrababu Naidu in Vizag

  • DGP to be present in Court and give explanation how can notice be issued under section 151 CrPC.
  • Under what authority/rule was the notice under 151 CrPC issued to NCBN
  • Why no action is taken on officers who issues illegal notice under section 151 CrPC?

 

 

 

32. Withdrawal by MNCs

 

 

33. Trying to sell away Government Property

–

 

 

 

34. All TDP schemes renamed to YSR/Jagananna Schemes

NTR Vaidya seva Trust into YSR Arogya Sri

 

 

35. Shutter Down to Anna Canteens

 

 

36. Attempting to Abolish the Legislative Council of AP

 

 

37. Sand mining

 

 

38. Removal of L.V. Subramanyam

 

 

39. Non implementation of Disha Act

 

 

 

40. Special Status to AP

 

 

 

 

 

41. Decision of State Election Commissioner to postpone Panchayat Elections in AP by 6 weeks due to Pandemic nCOVID-19 (Coronavirus outbreak)

    • State of AP Vs AP State Election Commission on 18 March 2020 [Supreme Court did not interfere with the Decision of SEC to postpone Panchayat elections]
    • Andhra Pradesh Ordinance No. 5 of 2020 Promulgated on 10 April 2020 [Via this Ordinance, Rules were framed reducing SEC tenure from 6 years to 3 and making retired Judges only criteria to become a SEC, both squarely targetted to get Shri, Nimmagadda Ramesh Kumar out of SEC role and engage Sri Justice V.Kanagaraj, Retired High Court Judge, as SEC of A.P State Election Commission; Attempted Disguising Technique: Ordinance to reform SEC, not sack Ramesh]
      • The Ordinance No 5 of 2020 got quashed and along with it all other related GOs got kicked into drain, via [Dr N Ramesh Kumar IAS Vs State of AP on 29 May 2020].
      • State of AP Vs N Ramesh Kumar IAS and Ors [Supreme Court held that…]
      • State Election Commission also filed SLP which got tagged with above case here. So, no wastage of page for it.
    • N Ramesh Kumar Vs Nilam Sawhney and Ors on 17 July 2020 [Contempt Proceedings initiated against Chief Secretary Nilam Sawhney and others]

 

42. Violation of Lockdown Norms of MLAs and Cabinet Ministers of the incumbent party

    • Kishore Para Vs State of AP []

 

43. Styrene Gas Leakage in Vizag (Visakhapatnam) on the early hours 3.35AM on 07 May 2020 from LG Polymers

    1. First AP High Court says this…
    2. Then National Green Tribunal directs the company to deposit 50 Crores first and further says this.
      1. NGT ordered to appropriate the above 50 Crores.
    3. Then Supreme Court stays  the above NGT Order regarding appropriating the 50 Crores deposited by LG Polymers here.

 

44. Sale of TTD properties donated by devotees

 

 

45. Suspense of AB Venkateshwara Rao (DG) IPS

  1. The DGP of AP Police was suspended but AP High Court reinstated him back into service here.
    1. The routine began and the SLP was filed at Supreme Court which granted a Stay on the operation of the Order of High Court here. 4 Lakhs was paid to the Legal team of a Senior Counsel and a AoR.

 

46. Lack of medical equipment for Corona Warrior such as PPE Kits

  • Harassment to Dr Sudhakar [Since he was not in CBI/Police Custody, he was ordered to be released from the Mental Hospital]
  • AP Police have brought in more illegal rules than those in Bihar.

 

 

47. Change in electricity slabs

 

48. Reduction in Government Pension Holders

 

 

49. Baseless Quid Pro Quo Allegation in Amaravati land dealings

 

 

 

50. Scam in purchase of COVID-19 kits

 

 

 

51. Pre-recorded and heavily Edited name-sake Press meets

 

 

 

52. Pension at 45 years only

 

 

 

53. Baseless Allegation of Chandrababu Naidu Benami

 

 

54. Baseless Allegation Kodi-katti

 

 

55. Baseless Allegation of SC/ST sub-plan funds diversion

 

 

56. Baseless Allegation of 100 Crores corruption in Pattiseema project

 

 

57. Baseless Allegation that Estimations are increased in Polavaram project (Allegation)

  1. Totally forgetting the above Baseless allegations vehemently trumpeted, request was sent to PM, begging to approve the estimates (yes, same estimates which were passed during NCBN tenure in 2017-18) here.

 

 

58. YCP Trolls (Incl MLA and MP) attack the Judges of AP High Court

  • High Court of Andhra Pradesh Vs State of Andhra Pradesh [Trolling due to adverse order in English Medium case]

 

 

 

 

59. YCP MLA Alla Rama Krishna’s attempt to get TDP National Party Headquarters demolished

  • Alla Rama Krishna Reddy Vs State of Andhra Pradesh on 23 July 2020 [High Court questioned the Public interest in the PIL and dismissed it]

 

60. Delegation of powers to Secretaries of respective Departments to lodge complaints

  • GO is available here.

 

61. Filing of time-barred SLPs (invariably to spend public money on some benefactors)

Despite fully aware that the petition is hopelessly time-barred, SLPs are being filed at Supreme Court and Supreme clearly observed it and put it in it’s order for eternity here.

 

62. Usage of photographs of State Functionaries in Government-funded Advertisements

A PIL was filed seeking removal of Photos of Government functionaries such as CMs in Government-funded Advertisements here.

 

63. Appointment of N Harinath Reddy as Assistant Solicitor General for High Court of Andhra Pradesh

Adv Solomon Raju Manchala challenged the Appointment of N Harinath Reddy as Assistant Solicitor General for High Court of Andhra Pradesh here.

 

64. Depriving pregnant, Old women of pension

AP High Court Ordered the State government to make pension payments and ascertain the eligibility of the petitioners in Gram Sabha after giving opportunity to the petitioners here.

 

65. Filing of false cases for possession of liquor

AP High Court, while disposing a couple of writ petitions, has ordered the Government to implement G.O.No.411 in letter and spirit and the action of the State in registering the crime on the ground that the alcohol is brought into Andhra Pradesh from the neighboring State is held to be bad in law. Go here.

 

66. Baseless Criminal Cases on Journalists and Social Media

  1. A false case was registered by AP CID on Telugu One YouTube channel owner but High Court Quashed it with an elaborate lecture on what is Police duty (thereby what is NOT) here.

 

67. Baseless Criminal case of Ex-Attorney General

  1. A false case was registered against Ex Attorney General Dammalapati Srinivas here.
    • A Stay was granted against all further investigation and any coercive action on any of the alleged accused person.
  2. As usual, the stay was challenged in the Supreme Court here.

 

68. Tapping of Judges of AP High Court

  1. As the adverse orders against the ill-moves of State Govt are sky-rocketing on weekly basis, Govt seems to have stooped to Phone tapping of Judges. The case is here.
  2. High Court has scathing remarks against State Government to the tune of invoking Article 356 of Constitution of India… I am usre no better sense will prevail. Good for people of AP.

 

69. Land grabbing for Gannavaram Airport expansion, without paying Compensation to Land Owners

  1. State govt permitted Airports Authority of India (AAI) to proceed with expansion of Gannavaram airport without paying compensation for the land grabbed from
    • the veteran Cine Artist here.
    • the ace Cine Producer here.

 

70. Hounding of Thullur MRO Anne Sudheer Babu

For doing his duties, Thullur MRO Anne Sudheer Babu is being hounded fruitlessly.

  • AP HC had stayed all the proceedings until further order here.
  • As usual, the junta went to SC and got a favorable Order here. Or so minions think and celebrated.

 

71. Demolition of Property of GITAM University

Suddenly, the District administration wakes up to the fact that certain portion of the land in use by the GITAM University was unauthorized and decides to demolish in the early dead night hours on 24th October, 2020

  • Check out the proceedings here.

 

72. Arrest in violation of Arnesh Kumar judgment (41A CrPC)

For a facebook post, Jangala Sambasiva Rao was booked and arrested in just a day and the bozo Magistrate granted Remand too. High Court held that both Police and Magistrate violated the landmark precedent in Arnesh Kumar judgment and demanded reports from both here.

 

73. Government Guesthouse at Kapuluppada, Visakhapatnam

In a sly attempt to shift Executive Capital from Amaravati to Visakhapatnam, the State Government transferred 30 Acres from Greyhounds to Collector Visakhapatnam. High Court on a PIL, demanded Govt to produce complete set of plans before beginning alienation of lands here.

 

75. Review of all decisions taken by TDP Government

  • Varla Ramaiah garu filed a Writ in AP HC here and obtained an interim stay on the operation of G.O.Rt.No. 1411 Dt 26.06.2019 and G.O.Rt.No. 344 Dt 21.02.2020
  • State Government went to Supreme Court here.

 

76. Kidnaps of Public by Police – Multiple Habeas Corpus Petitions

There are multiple habeas corpus petitions filed in the High Court of Andhra Pradesh which alarmed the High Court and it wanted to check on the aspect of ‘breakdown of Constitutional machinery” under Article 356 of Constitution.

  1. Case 1 : Reddi Govinda Rao Vs State of AP and Ors here.
    • Supreme Court stayed the Order of AP High Court here.
  2. Case 2 : Rayidi Naga Lakshmi and Anr Vs State of AP and Ors here.

 

77. Sale of Government lands in the name of Mission Build AP

A PIL was filed to stay the same of government lands in a namesake scam called as Mission Build AP here.

 

78. Decision of State Election Commissioner to conduct Panchayat Elections in AP as the Pandemic nCOVID-19 (Coronavirus outbreak) subsided phenomenally in Andhra Pradesh.

  1. State Government got a stay on the Elections Schedule here from a single-judge bench.
    • Division bench set it aside here.
  2. The cabal, reportedly, went to Supreme Court here and got a facepalm, again.

 

79. Passing of Privilege Motion in AP Assembly against State Election Commissioner Sri Nimmagadda Ramesh Kumar for his letter/communication to AP Governor seeking action against rabid legislators who attacked SEC.

  1. Some Legislators got loose motions on the action being taken by SEC and vomit in press meets. SEC brought it to the notice of Governor via a Letter. This letter leaked to press. The Rabids got butt-hurt and moved a Privilege motion in Assembly (emailed it to Speaker). They seem to be depending on a Bombay High Court verdict in Nandlal case here.

 

80. SEC passed Order House Arresting an Advisor to Govt and prohibition on speaking with Media

  1. One of the many advisors was misusing his position to influence the officials working on Election duty so State Election Commissioner took him to task here.

 

 

81. Arrest of MP RaghuRama Krishnam Raju

  1. The Rebel MP of the YSRC Party was arrested on his birthday May 14th and was, as expected, tortured by the AP CID Police; Suo moto contempt proceedings initiated by AP High Court for not following the HC orders, news here.
  2. Later Supreme Court granted bail to him here.

 

82. MPTC, ZPTC Elections

  1. The Notification issued by the pet SEC of the the State Government was set aside a Single Judge Bench here.

 

83. Harassment to Anandaiah B who prepared and administered Ayurvedic medicine for COVID-related/induced difficulties

  1. AP High Court provided relief to Mr. Ananadaiah who was being harassed by the Police of AP here.

 

84. Punishment for headstrong Government Officials under Contempt of Court Act

  1. On 23 Jun 2021, AP High Court punished two officials (Panchayat Raj Commissioner Girija Shankar and horticulture commissioner Chiranjeevi Chowdary) of Government of AP, news here but later revised it to only fine news here and here.
  2. On 23 Jul 2021, AP High Court issued NBWs (non-bailable arrest warrants) against two IAS officials (Principal Secretary (Panchayat Raj) Gopala Krishna Dwivedi and BC Welfare department special chief secretary G Anantaramu) who were earlier part of Government of AP, news here.
  3. On 24 Jul 2021, AP High Court issued NBW to Finance Secretary Satyanarayana along with a fine of Rs.50,000/- but later fined only Rs.10/- and suspended the punishment, news here.
  4. On 02 Sep 2021, AP High Court punished 5 IAS officers (Manmohan Singh, Seshagiri babu, S S Rawat, Mutyla Raju) for contempt of Court along with fines news here.

 

85. Looting of natural resources

  1. On 26 Jul 2021, National Green Tribunal orders issuance of notices to the Looters of bauxite here.

 


Just a footer… :0)

Posted in Assorted Court Judgments or Orders or Notifications | Tagged Catena of Landmark Judgments Referred/Cited to Government Antics Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order Reprimands or Setbacks to YCP Govt of Andhra Pradesh | Leave a comment

498A IPC Judgments

Posted on January 24, 2020 by ShadesOfKnife

Here I will list all judgments both from Supreme Court of India and Various High Courts that may be used in the false cases filed u/s 498A IPC

Once you get hold of your case documents on First date of appearance in Court, see if there are any possible grounds to come out of false cases. This is possible in 2 ways.

  1. By filing a Discharge Petition u/s 239 CrPC at the Trial Court where this false 498A IPC case is filed.
  2. By filing a Quash Petition u/s 482 CrPC at the High Court in that State, where this false 498A IPC case is filed.

This page here contains the provisions available under the above provisions along with Judgments.

 

Supreme Court Judgments

  1. Girdhar Shankar Tawade Vs State of Maharashtra on 24 Apr 2002
  2. Sunil Kumar Sambhudayal Gupta & Ors. v. State of Maharashtra on 11 Nov 2010

 

 


MASTER SITEMAP here.

Posted in Assorted Court Judgments or Orders or Notifications | Tagged IPC 498A - Husband or relative of husband of a woman subjecting her to cruelty Summary Post | Leave a comment

Defamation Judgments

Posted on January 14, 2020 by ShadesOfKnife

Here I list the landmark judgments from High Courts of India and Supreme Court of India.

 

1920-1925

  1. Gopal Naidu and another Vs King-Emperor on 22 December 1922 (Bombay High Court: the purpose of the codified statute is that on any point specifically dealt with by it the law shall be ascertained by interpreting the language used; the Court is not entitled to invoke the Common Law of England in the matter of defamation)

1926-1930

  1. Tiruvengada Mudali Vs Tripurasundari Ammal on 15 February 1926 (Madras High Court: the defamatory matter contained in the plaint are accusations in nature and they do not have absolute privilege but only qualified privilege as provided by sec 499 of IPC)

 

1931-1935

 

1936-1940

 

1941-1945

 

1946-1950

 

1951-1955

 

1956-1960

 

1961-1965

  1. Thangavelu Chettiar Vs Ponnammal on 1 November, 1965 (Madras High Court: the defamatory matter contained in the plaint was  admittedly signed and filed by the petitioner. There can be no doubt that there was publication of the defamatory matter)

 

1966-1970

  1. M.C. Verghese Vs T.J. Ponnan and Anr on 13 November 1968 (Supreme Court of India:  at common law there had never been a separate principle or rule that communications between a husband and wife during marriage were inadmissible in evidence on the ground of public policy.)

 

1971-1975

  1. Balraj Khanna and Ors Vs Moti Ram on 22 Apr 1971 (Supreme Court of India:  as far as possible the words spoken or the statements actually made and which he alleges to be defamatory are before the court)

 

1976-1980

  1. Surinder Mohan Vikal Vs Ascharaj Lal Chopra on 28 Feb 1978 (defamation has to be filed with in time limitation as per 468 CrPC)

 

 

1996-2000

  1. Mukund Martand Chitnis Vs Madhuri Mukund Chitnis And on 23 April 1991 ()
  2. Dr. J.Sudarshan Vs R.Sankaran on 16 August, 1991 (Madras High Court: The Civil Court would confine its decision to the trespass, threat of injury and damage by the servants, agents and workmen of the various defendants and the entitlement of token damages by the respondent, while the criminal Court, the passage being per se defamatory, would proceed to find out whether any one of the 10 Exceptions to S. 499, I.P.C. would apply.)
  3. Shatrughna Prasad Sinha Vs Rajbhau Surajmal Rathi and Ors on 10 September 1996 (SC: Statements made were not defamatory)

 

2001-2005

 

2006-2010

  1. M.K.Prabhakaran and Anr Vs T.E.Gangadharan and Anr on 7 March, 2006 (Kerala HC: ‘Once a statement has been filed in a court of law, that statement can be taken as published and if such a statement amounts to per se defamatory, it is the duty of the accused to establish that they are justified in making such a statement under any of the exceptions to Section 499 I.P.C.‘)
  2. Japani Sahoo Vs Chandra Sekhar Mohanty on 27 Jul 2007 (SC: Limitation u/s 468 starts from the date of making the complaint and not on the date the cognizance was taken)
  3. Dayanand Rao Rangadal Vs Suresh and Ors on 14 August, 2008 (Karnataka High Court: “a written statement is a public document” and “a criminal proceeding can be initiated when a civil proceeding is ongoing”)
  4. Anubhav Gupta Vs State of Rajasthan on 5 October 2009 (At SC, all cases quashed, after settlement)

 

2011-2015

  1. Ms.Romy Khanna Vs State (Govt of NCT of Delhi) on 4 Jul 2011 (Defamation was filed after 3 years – Time barred)
  2. Gambhirsinh R.Dekare Vs Falgunbhai Chimanbhai Patel and Anr on 11 March 2013 (SC held allegation to the effect who authorised printing of defamatory statements is sufficient)
  3. Mr M Vs Mrs M on 7 February 2014 (Bombay HC: Divorce for husband due to mental cruelty via defamation by knife)
  4. Priyanka Srivastava and Anr Vs State of UP and Ors on 19 March, 2015 (Procedure for filing non-cognizable cases defined by Dipak Misra)
  5. Rajdeep Sardesai Vs State Of A.P on 14 May 2015 (SC dismissed Quash against AP HC Order)
  6. S.R.Sukumar Vs S.Sunaad Raghuram on 2 July 2015 (At SC: Amendment allowed in complaint)

 

2016-2020

  1. Subramanian Swamy Vs Union of India on 13 May, 2016 (Supreme Court: IPC 499 and 500 and CrPC 199 are Constitutionally valid)
  2. Deepak Kumar @ Deepak Saha Vs Hindustan Media Ventrues Ltd and Ors on 06 July 2017 (Delhi HC: No territorial jurisdiction)
  3. Mahadev I Todale Vs Frankfinn Aviation Services Pvt Ltd and Ors on 10 July 2017 (Delhi HC:)
  4. E.Krishna and Ors Vs Srinivasa Chary on 17 November 2017 (AP HC: Not defamation)
  5. X Vs Y on 2 November, 2018 (Bombay HC: Impotent word is Defamatory)
  6. M.K.Varghese Cor Episcopa Vs State of Kerala on 08 January, 2020 (Kerala High Court: Complaint of defamation cannot be quashed under section 482 CrPC, as it does not have absolute privilege and only qualified privilege)
  7. Rabindra Nath Pal Vs Ratikanta Paul and Ors on 6 Mar 2020 (Defamation was filed after 3 years – Time barred)

 

 


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Posted in Assorted Court Judgments or Orders or Notifications | Tagged Catena of Landmark Judgments Referred/Cited to CrPC 199 - Defamation IPC 499 - Defamation IPC 500 - Punishment For Defamation Summary Post Work-In-Progress Article

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