Nothing fancy in this judgment. A high court granted (rather reduced) maintenance to a working and earning (Beauty parlour) ex-wife who got MCD in 2007… to be paid from 2016 onwards.
Category: High Court of Bombay Judgment or Order or Notification
Ishwar Patange Vs State of Maharashtra on 11 March 2020
Bombay High Court held that since there is no natural calamity, there is no need to postpone, elections for Cooperative Societies.
Citations: [(
Other Source links:
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State of Maharashtra Vs Ramchandra Bhikaji Wagh on 26 February 2020
Single-judge bench of Bombay High Court highlighted the grounds on which a Legal terrorism was intended to be unleashed on an innocent family u/s 498A IPC, and thwarted it royally.
From Paras 9 and 10
9 Admittedly, complainant (PW-1) led a very happily married life with accused no.1. Their date of marriage is 27th June 1990 and PW-1 left the matrimonial home on 28th March 2001. As per PW-1, accused was given lot of gold, household appliances and Rs.50,000/- within three months of her marriage, which means that these things were given in the year 1990. There is no explanation as to why the complaint was then lodged only on 4th January 2002. According to PW-1, accused no.1 demanded Rs.1 lakh when he saw the retirement benefits cheque in the hand of her father and her father retired on 28th February 2001. The complaint has been lodged on 4th January 2002. The delay is not explained. Moreover, complainant left the house leaving behind her children, who were on the date she left the house were 9 years and 6 years, respectively. PW-1 never filed any custody petition or any petition for divorce. PW-1 filed maintenance petition on 10th March 2003. The delay again has not been explained.
10 It is settled law that delay in lodging the complaint cannot be used as a ritualistic formula for doubting the prosecution case and discarding the same solely on the ground of delay in lodging the complaint. At the same time, delay has the effect of putting the Court in its guard to search if any explanation has been offered for the delay, and if offered, whether it is satisfactory. If prosecution fails to satisfactorily explain the delay, the delay could be fatal to prosecution.
From Para 11,
11 In this case, there is not even an attempt by the prosecution to explain the delay. It appears that PW-1 had no problems living alone with her
parents but when PW-1 heard from her father that accused no.1 has married accused no.5 (which again has not proved), PW-1 decided to teach accused no.1 a lesson. It is unfortunate that in matters like this even the family members are getting dragged. Prosecution should refrain from dragging allfamily members unless there is enough specific evidence against the family members otherwise provisions of Section 498-A will unfortunately bemisused as a weapon.
Finally, in Para 15,
15 There is an acquittal and therefore, there is double presumption in favour of the accused. Firstly, the presumption of innocence available to the accused under the fundamental principle of criminal jurisprudence that every person shall be presumed to be innocent unless they are proved guilty by a competent court of law. Secondly, accused having secured their acquittal, the presumption of their innocence is further reinforced, reaffirmed and strengthened by the Trial Court. For acquitting the accused, the Trial Court rightly observed that the prosecution had failed to prove its case.
Citations: [2020 SCC ONLINE BOM 331]
Other Source links:
https://indiankanoon.org/doc/63867796/
https://www.casemine.com/judgement/in/5e5cd685cfc07432f89ed3dc
Sanjay Vs State of Maharashtra on 13 January 2020
Bombay High Court held that, though
the Judge may come to a conclusion that, the question is not relevant at that stage, however possibility cannot be ruled out that the said question may become relevant at the later stage, and therefore, it was requested to the Court that, all the questions be taken and subject to objections the answers be taken and then the relevancy or admissibility of the questions may be later on considered.
…
It was also requested to the learned Judge that, in view of the procedure laid down in Bipin Panchal’s case (Supra) the evidence may be recorded even after the objection is raised so that the Appellate Court should be benefited, if it is found at a later stage that any question was or questions were relevant.
Citations:
Other Source links: https://indiankanoon.org/doc/84446763/
Supreme Court judgment is here.
Gopal Naidu and another Vs King-Emperor on 22 December 1922
Bombay High Court holds that,
“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.“
and,
The Indian Penal Code defines the offence and also states what matters will afford a defence, and therefore it may be said that this Code deals specifically with the question, and it follows that the Court is not entitled to invoke the Common Law of England in the matter at all.
Indian Law Reports version:
Casemine version:
Citations: [(1923) ILR 46 Bom 605], [A. I. R. (10) 1923 Mad. 523 (F. B.)],
Other Source links: https://indiankanoon.org/doc/338846/ or https://www.casemine.com/judgement/in/5721afa7607dba2e3c8879c8
The Index for Defamation Judgments is here.
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Pratap Lal Teli Vs State of Maharashtra and Ors on 22 Oct, 2019
Citations:
Indiankanoon.org link:
Santosh Machindra Mulik Vs Mohini Mithu Choudhari on 15 November, 2019
Citations:
Indiankanoon.org link:
Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in
