web analytics

Menu

Skip to content
Shades of Knife
  • Home
  • True Colors of a Vile Wife
  • Need Inspiration?
  • Blog Updates
  • SOK Gallery
  • Vile News Reporter
  • About Me
  • Contact Me

Shades of Knife

True Colors of a Vile Wife

Category: High Court of Bombay Judgment or Order or Notification

Sarita Gosawi Vs Bharat Gosawi on 05 Mar 2021

Posted on April 2 by ShadesOfKnife

There was mental cruelty done to husband and the High Court nailed the point straight.

From Paras 18 and 19,

18. Keeping in mind the aforesaid guiding parameters, now we proceed to examine the evidence on record. Apart from the allegations and counter allegations by the parties against each other with regard to their mutual misbehavior, the crucial point on which the respondent/ husband sought decree of divorce, and which according to him is the reason for his mental sufferings and anguishes, is the suspicious and skeptical nature of the appellant/ wife, as she used to have a doubt on his character. She was doubting his relations with one lady employee from his office. It is his case that the appellant/ wife used to visit his office and used to create scenes. She used to abuse him in filthy language on his character and used to humiliate him in front of their adolescent daughters.

19. The respondent/ husband, in his pleadings and evidence, further stated that he had purchased one plot of land and constructed a house thereon on loan and at present, the same is in possession of the appellant/ wife. He is paying installments for the repayment of the loan for house from his
salary account. To pacify her, he even transferred his house in her name. He has stated that fed-up with her acrimonious behaviour, he had to lodge reports at police station, and there were counselling before the Women Cell, and in consequence thereof, she resumed cohabitation. Lastly, he said, he had no option but to leave the house and to reside in a rented house.

20. A perusal of the written statements of the appellant/ wife would reflect that she has not denied, even by way of simple denial, about the contents in para 3 of the divorce petition of the respondent/ husband which are with regard to the suspicious nature of the appellant/ wife, doubting his character, abusing in a filthy language and visiting his office and creating scenes etc.

Crucial Paras 22 and 25,

22. In the instant case, admittedly, there are no positive allegations with regard to the character of the respondent/ husband in the written statement of the appellant/ wife. However, maintaining silence in her written statement and not countering the case of cruelty of the respondent/ husband on this ground, coupled with the fact that there were specific suggestions in the cross-examination of the respondent/ husband by taking the name of the alleged lady, in the opinion of this Court, is nothing but the unfounded allegation on the character of the husband as held in the above cited case.

25. A collective reading of his cross-examination, it appears, it is more focused on the maintenance part and less on the allegations of mental cruelty as alleged by the respondent/ husband. So the material allegations, with regard to mental cruelty as pleaded by the respondent/ husband, have neither be denied in the written statement of the appellant/ wife nor have they been sufficiently countered during his cross examination. As per law, the facts, which are not denied, are deemed to have been admitted. As per Order 8 Rule 5 of the Code of Civil Procedure, 1908, the facts which are not denied specifically are deemed to have been admitted, and simple denial is no denial. In the instant case, there is no denial at all.

Law involved,

26. The effect of non cross-examination of a witness was discussed by the Hon’ble Apex Court in the case of Muddasani Venkata Narsaiah (Dead) Through Legal Representatives Vs. Muddasani Sarojana, reported in (2016) 12 SCC 288, wherein Their Lordships have held that the cross-examination is a matter of substance not of procedure one isrequired to put one’s own version in cross-examination of opponent. It is further observed that the effect of non-cross examination is that the statement of witness has not been disputed. In the said judgment, the Hon’ble Apex Court relied on the judgment in the case of Maroti Bansi Teli Vs. Radhabai, reported in AIR 1945 Nag 60, wherein it has been laid down that the matters sworn to by one party in the pleadings notchallenged either in pleadings or cross-examination by other party must be accepted as fully established.

Closure:

31. As rightly pointed out by the learned counsel for the respondent/ husband the case of Vijaykumar Bhate (supra) wherein, the Hon’ble Apex Court took the view that the false and malicious allegations against the character of a spouse is a ground for dissolving the marriage on account of causing mental cruelty.
32. Furthermore, the appellant/ wife could not prove her allegations with regard to demand of dowry and ill-treatment. On the contrary, it is borne out from the record that the respondent/ husband himself had to leave from his own house fed-up with her mis-behaviour.

Sarita Gosawi Vs Bharat Gosawi on 05 Mar 2021
Posted in High Court of Bombay Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Catena of Landmark Judgments Divorce granted on Cruelty ground HM Act - Mental Cruelty Proved HM Act 13 - Divorce Granted to Husband Legal Procedure Explained - Interpretation of Statutes Sarita Gosawi Vs Bharat Gosawi | Leave a comment

Archana Deepak Jatkar Vs State of Maharashtra on 03 Mar 2021

Posted on March 11 by ShadesOfKnife

Anticipatory Bail was denied to the alleged corrupt Judicial officer by the single-judge bench of Bombay High Court

Archana Deepak Jatkar Vs State of Maharashtra on 03 Mar 2021
Posted in High Court of Bombay Judgment or Order or Notification | Tagged 1-Judge Bench Decision Archana Deepak Jatkar Vs State of Maharashtra Corrupt Practices CrPC 438 - Anticipatory Bail Denied Judiciary Antics Prevention of Corruption Act Sec 12 Prevention of Corruption Act Sec 7 | Leave a comment

Nandlal Vs Principal Secretary on 14 Aug 2008

Posted on February 3 by ShadesOfKnife

Maharashtra State Legislative Assembly adjudged the petitioner guilty of contempt of the Assembly for avoiding to submit his written explanation under his own signature to its Committee on Privileges and for declining to appear before the Committee for tendering the evidence and resolved that the petitioner be imprisoned in a civil prison for two days. The Speaker of the Maharashtra Legislative Assembly consequently issued the warrant of commitment on 27-3-2008 which was executed by a Senior Inspector of Police on the very day and on 28-3-2008, on completion of two days’ imprisonment, the petitioner was released from the prison.

Bombay High Court dismissed this Writ Petition by the State Election Commission, Nandlal.

Nandlal Vs Principal Secretary on 14 Aug 2008

Citations :

Other Sources :

https://indiankanoon.org/doc/1783393/

https://www.lawyerservices.in/Shri-Nandlal-Versus-The-Principal-Secretary-Maharashtra-Legislative-Assembly-and-Others-2008-08-14

Posted in High Court of Bombay Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Election Matter Nandlal Vs Principal Secretary | Leave a comment

Satish Ragde Vs State of Maharashtra on 19 Jan 2021

Posted on January 27 by ShadesOfKnife

 

Satish Ragde Vs State of Maharashtra on 19 Jan 2021

The Supreme Court Proceedings are here.

Posted in High Court of Bombay Judgment or Order or Notification | Tagged 1-Judge Bench Decision Non-Reportable Judgement or Order POCSO Act Sec 7 - Sexual Assault Satish Ragde Vs State of Maharashtra Work-In-Progress Article | Leave a comment

Amol Barsagade Vs State of Maharashtra on 23 Apr 2018

Posted on November 23, 2020 by ShadesOfKnife

Single Judge of Bombay High Court held that, burden of proof shifting to accused in POCSO cases is not absolute and that the Prosecution has to establish their case on foundational
facts, only after which burden of proof shifts onto accused.

From Para 4, truth comes out.

4. It is admitted by the victim that Hindi books were found on her desk by the accused. The victim was suggested that since the Hindi books were found or discovered by the accused, she left the examination hall crying. The defence, obviously, is that in order to escape the consequences of the unfair practice while answering the Hindi paper, the victim falsely implicated the accused.

From Para 6,

6. The statutory presumption under Section 29 of the POCSO Act must be understood and tested on the anvil of the golden thread which runs through web of the criminal jurisprudence system in this country that an accused is presumed to be innocent till the guilt is conclusively established beyond reasonable doubt. In the factual matrix, at best, the prosecution has succeeded in bringing on record material giving rise to some suspicion. However, it is trite law that suspicion is not a substitute to proof. The gulf between “might have committed” and “must have committed” must be bridged by the prosecution by unimpeachable and confidence inspiring evidence.

Amol Barsagade Vs State of Maharashtra on 23 Apr 2018

Citations :

Other Sources :

https://indiankanoon.org/doc/186788466/

 

Posted in High Court of Bombay Judgment or Order or Notification | Tagged 1-Judge Bench Decision Amol Barsagade Vs State of Maharashtra False Incest Or Rape Or Sexual Or Sexual Harassment Allegations POCSO Act Sec 29 - Burden of Proof on Accused | Leave a comment

Hansa Research Group Pvt Ltd Vs Sachin Vaze and Ors

Posted on November 9, 2020 by ShadesOfKnife

Bombay High Court directed the Respondents not to harass the petitioners by calling them daily. Respondents agreed to call the petitioners for inquiry twice in a week.

Hansa Research Group Pvt Ltd Vs Sachin Vaze and Ors on 07 Nov 2020

Here is the Writ petition:

Hansa Research Group Pvt Ltd Vs Sachin Vaze and Ors
Posted in High Court of Bombay Judgment or Order or Notification | Tagged Hansa Research Group Pvt Ltd Vs Sachin Vaze and Ors Police Harassment | Leave a comment

Arnab Manoranjan Goswami Vs State of Maharashtra and Ors on 09 Nov 2020

Posted on November 9, 2020 by ShadesOfKnife

Division Bench of Bombay High Court, while denying interim protection from arrest to Arnab Goswami, held that,

From Para 45,

45. The principle stated therein will equally apply to the exercise of this Court’s power under Article 226 of the Constitution of India and section 482 of the Code of Criminal Procedure while considering the applications for bail since the petitioner is already in Judicial custody. The legislature has provided specific remedy under Section 439 Cr.P.C. for applying for regular bail. Having regard to the alternate and efficacious remedy available to the petitioner under section 439 of the Code of Criminal Procedure, this Court has to exercise judicial restraint while entertaining application in the nature of seeking regular bail in a petition filed under Article 226 of the Constitution of India read with section 482 of Code of Criminal Procedure.

and from Para 70,

70. In our opinion, the petitioner has an alternate and efficacious remedy under section 439 of the Code of Criminal Procedure to apply for regular bail. At the time of concluding the hearing of Applications, we had made it clear that if the petitioner, if so advised, to apply for regular bail under section 439 of the Code of Criminal Procedure before the concerned Court, then, in that case, we have directed the concerned Court to decide the said
application within four days from filing of the same.

Arnab Manoranjan Goswami Vs State of Maharashtra and Ors on 09 Nov 2020

Here is the Bail application

Arnab Bail Application
Posted in High Court of Bombay Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Arnab Manoranjan Goswami Vs State of Maharashtra and Ors Article 226 of The Constitution of India Catena of Landmark Judgments CrPC 173 - Report of Police Officer on Completion of Investigation CrPC 439 - Special powers of High Court or Court of Session regarding bail CrPC 482 - Saving of inherent powers of High Court Landmark Case Legal Procedure Explained - Interpretation of Statutes Police Closure Reports | Leave a comment

Kovelamudi Kanika Dhillon Vs Kovelamudi Surya Prakash Rao on 26 Oct 2020

Posted on November 3, 2020 by ShadesOfKnife

Film maker K Raghavendra Rao’s son Prakash Kovelamudi‘s MCD case disposed of by Bombay High Court, waiving of 6-month cooling period as decided here, as his wife Kanika Dhillon was pregnant with another man.

Kovelamudi Kanika Dhillon Vs Kovelamudi Surya Prakash Rao on 26 Oct 2020

 

Posted in High Court of Bombay Judgment or Order or Notification | Tagged 6 Months Cooling Period is Directional and not Mandatory Kovelamudi Kanika Dhillon Vs Kovelamudi Surya Prakash Rao Mutual Consent Divorce Sensational Or Peculiar Cases | Leave a comment

Samarvir Singh Vs UOI and Ors

Posted on October 26, 2020 by ShadesOfKnife

 

Samarvir Singh Vs UOI and Ors on 22 Oct 2020
Posted in High Court of Bombay Judgment or Order or Notification | Tagged Samarvir Singh Vs UOI and Ors | Leave a comment

Shabnam Sheikh Vs State of Maharashtra on 15 Oct 2020

Posted on October 21, 2020 by ShadesOfKnife

Vagua allegations don’t take fake cases far. Bombay HS quashed the fake case of 498A IPC against the relatively.

From Para 14,

14. Nowadays, it has become a tendency to make vague and omnibus allegations, against every member of the family of the husband, implicating everybody under Section 498-A of the Indian Penal Code. Hence, it has become necessary for the Courts to carefully scrutinize the allegations and to find out if the allegations made really constitute an offence and meet the requirements of the law at least prima facie.

 

Shabnam Sheikh Vs State of Maharashtra on 15 Oct 2020
Posted in High Court of Bombay Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations Catena of Landmark Judgments CrPC 482 – FIR Quashed CrPC 482 – IPC 498A Quashed Discourage Roping In All Relatives Of In-Laws Or Distant Relatives IPC 498a Not Made Out On Parents or Relatives Legal Terrorism Shabnam Sheikh Vs State of Maharashtra | Leave a comment

Post navigation

  • Older posts

Search within entire Content of “Shades of Knife”

My Twitter Timeline

Tweets by @Shadesofknife

Recent Posts

  • Varshaben Himantlal Vejani Vs State of Gujarat on 15 Jul 2016 April 13, 2021
  • Rajesh R. Nair Vs Meera Babu on 5 Mar 2013 April 13, 2021
  • Bhima Razu Prasad Vs State of Tamil Nadu on 12 Mar 2021 April 6, 2021
  • Chegireddy Venkata Reddy Vs Government of Andhra Pradesh on 30 Jul 2020 April 5, 2021
  • Lingam Seetharammayya and Ors Vs State of AP and Ors on 16 Mar 2021 April 5, 2021

Most Read Posts

  • Satish Chander Ahuja Vs Sneha Ahuja on 15 Oct 2020 (844 views)
  • Government Guesthouse at Kapuluppada, Visakhapatnam (479 views)
  • Dr Nallapareddy Sridhar Reddy Vs State of AP and Ors (450 views)
  • In Re To issues certain guidelines regarding inadequacies and deficiencies in criminal trials (409 views)
  • Rajnesh Pal Naidu Vs Neha Naidu Joshi and Anr on 04 Nov 2020 (401 views)
  • IPC 498A is a Compoundable Case in Andhra Pradesh (385 views)
  • Default Bail under Code of Criminal Procedure (311 views)
  • Dr. Haniraj L. Chulani Vs Bar Council of Maharashtra and Goa on 8 April 1996 (309 views)
  • Vijay Kumar Ramachandra Bhate Vs Neela Vijay Kumar Bhate on 16 April, 2003 (305 views)
  • Shabnam Sheikh Vs State of Maharashtra on 15 Oct 2020 (249 views)

Tags

Legal Procedure Explained - Interpretation of Statutes (236)Landmark Case (230)Reportable Judgement or Order (196)Work-In-Progress Article (196)Catena of Landmark Judgments (146)2-Judge (Division) Bench Decision (127)Sandeep Pamarati (82)Article 21 of The Constitution of India (64)Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations (50)Perjury Under 340 CrPC (47)Summary Post (46)3-Judge (Full) Bench Decision (46)1-Judge Bench Decision (45)Reprimands or Setbacks to YCP Govt of Andhra Pradesh (44)IPC 498a Not Made Out (32)CrPC 482 - Quash (32)Rules of the Act/Ordinance/Notification/Circular (32)PWDV Act 20 - Maintenance Granted (31)PIL - CrPC 125 Must Go From Statute Book (28)Advocate Antics (27)

Categories

Supreme Court of India Judgment or Order or Notification (520)Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments (271)High Court of Andhra Pradesh Judgment or Order or Notification (138)High Court of Delhi Judgment or Order or Notification (85)High Court of Bombay Judgment or Order or Notification (79)General Study Material (53)High Court of Karnataka Judgment or Order or Notification (46)Prakasam DV Cases (46)LLB Study Material (45)Assorted Court Judgments or Orders or Notifications (40)High Court of Madras Judgment or Order or Notification (38)Judicial Activism (for Public Benefit) (35)High Court of Punjab & Haryana Judgment or Order or Notification (34)District or Sessions or Magistrate Court Judgment or Order or Notification (30)High Court of Allahabad Judgment or Order or Notification (28)High Court of Gujarat Judgment or Order or Notification (22)High Court of Madhya Pradesh Judgment or Order or Notification (21)High Court of Kerala Judgment or Order or Notification (16)High Court of Calcutta Judgment or Order or Notification (12)Chittor DV Cases (11)

Recent Comments

  • ShadesOfKnife on Sirangai Shoba @ Shoba Munnuri Vs Sirangi Muralidhar Rao on 19 October, 2016
  • muralidhar Rao Sirangi on Sirangai Shoba @ Shoba Munnuri Vs Sirangi Muralidhar Rao on 19 October, 2016
  • ShadesOfKnife on J.Shyam Babu Vs The State Of Telangana on 9 February, 2017
  • anuj on J.Shyam Babu Vs The State Of Telangana on 9 February, 2017
  • ShadesOfKnife on Syed Nazim Husain Vs Additional Principal Judge Family Court & Anr on 9 January, 2003

Archives of SoK

  • April 2021 (14)
  • March 2021 (58)
  • February 2021 (14)
  • January 2021 (50)
  • December 2020 (35)
  • November 2020 (68)
  • October 2020 (67)
  • September 2020 (29)
  • August 2020 (42)
  • July 2020 (20)
  • June 2020 (36)
  • May 2020 (40)
  • April 2020 (38)
  • March 2020 (26)
  • February 2020 (43)
  • January 2020 (36)
  • December 2019 (35)
  • November 2019 (4)
  • October 2019 (18)
  • September 2019 (58)
  • August 2019 (33)
  • July 2019 (12)
  • June 2019 (19)
  • May 2019 (5)
  • April 2019 (19)
  • March 2019 (58)
  • February 2019 (11)
  • January 2019 (90)
  • December 2018 (97)
  • November 2018 (43)
  • October 2018 (31)
  • September 2018 (74)
  • August 2018 (47)
  • July 2018 (143)
  • June 2018 (92)
  • May 2018 (102)
  • April 2018 (59)
  • March 2018 (8)

Blogroll

  • Daaman Promoting Harmony 0
  • Fight against Legal Terrorism Fight against Legal Terrorism along with MyNation Foundation 0
  • Good Morning Good Morning News 0
  • Insaaf India Insaaf Awareness Movement 0
  • MyNation Hope Foundation Wiki 0
  • MyNation.net Equality, Justice and Harmony 0
  • Sarvepalli Legal 0
  • Save Indian Family Save Indian Family Movement 0
  • SIF Chandigarh SIF Chandigarh 0
  • The Male Factor The Male Factor 0
  • Vaastav Foundation The Social Reality 0
  • Voice4india Indian Laws, Non-profits, Environment 0
  • Writing Law Writing Law by Ankur 0

RSS Cloudflare Status

  • Elevated number of 530/503 errors from Amsterdam, Netherlands - (AMS) April 14, 2021
    Apr 14, 00:23 UTCResolved - This incident has been resolved.Apr 13, 17:35 UTCInvestigating - Customers reaching Amsterdam, Netherlands - (AMS) would have experienced an elevated number of 530/503 errors.
  • Cloudflare control plane API April 13, 2021
    Apr 13, 22:12 UTCResolved - This incident has been resolved.Apr 13, 21:57 UTCMonitoring - A fix has been implemented and we are monitoring the results.Apr 13, 21:52 UTCInvestigating - Cloudflare control plane API is experiencing a partial outage. This impacts the administration of SSL for SaaS , and Cloudflare Pages. SSL termination and Pages at […]
  • Distributed Web Resolver Issues April 12, 2021
    Apr 12, 18:00 UTCResolved - Queries to the Cloudflare Distributed Web Resolver for the Distributed Web Gateway were unsuccessful on April 12th 2020 from 18:00 to 00:00 UTC. Websites served by the gateway during this time may have displayed errors or been inaccessible.

RSS List of Spam Server IPs from Project Honeypot

  • 212.129.2.166 | SD April 13, 2021
    Event: Bad Event | Total: 26,333 | First: 2018-11-27 | Last: 2021-04-13
  • 104.223.85.87 | S April 13, 2021
    Event: Bad Event | Total: 10 | First: 2021-03-27 | Last: 2021-04-13
  • 190.247.240.155 | SD April 13, 2021
    Event: Bad Event | Total: 128 | First: 2021-04-13 | Last: 2021-04-13
Proudly powered by WordPress
Theme: Flint by Star Verte LLC
pixel