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Category: High Court of Meghalaya Judgment or Order or Notification

Abhishek Agarwala and Anr Vs Smti Komal Poddar on 01 Mar 2023

Posted on August 20, 2023 by ShadesOfKnife

A single judge bench at Meghalaya HC held that, since a DVC is civil in nature, not to insist for personal appearance of respondents for each and every adjournment.

From Paras 30 to 32,

30. However, before parting, this Court is made to understand that the petitioner is willing to continue in the proceedings before the learned Magistrate provided that he is not made to appear personally before the court on each and every date the matter is fixed, but to cause appearance only through counsel and that steps like issuance of a warrant of arrest may not be taken against him. The learned counsel for the respondent has fairly conceded to this and has even submitted that though the manner in which the Magistrate proceeds is not in within the control of the respondent, time and again, the learned counsel has impressed upon such courts to take proper recourse in such cases.
31. Accordingly, the learned Magistrate(s) dealing with cases under the Protection of Women from Domestic Violence, Act, 2005 would take note that proceedings initiated under Section 12 seeking reliefs under Sections 18 to 23 are civil in nature.
32. When an application seeking one or more reliefs that are found under Sections 18 to 23 of the DV Act, upon service of notice as required under Section 13 of the said Act and upon making appearance by the respondent either in person or through his counsel is filed, the court shall not insist for their personal appearance for each and every adjournment.

Abhishek Agarwala and Anr Vs Smti Komal Poddar on 01 Mar 2023

Citations:

Other Sources:

 


The index of DV cases is here.

Posted in High Court of Meghalaya Judgment or Order or Notification | Tagged 1-Judge Bench Decision Abhishek Agarwala and Anr Vs Smti Komal Poddar | Leave a comment

Registrar General Vs State of Meghalaya on 23 Jun 2021

Posted on July 12, 2021 by ShadesOfKnife

A division bench of Meghalaya High Court issued the below directions, when the Administration there tried to impose mandatory vaccination upon the traders for them to run their businesses…

Guidelines passed:

In addition thereto, we issue the following directions so that the public at large are provided with an option of making an informed choice:-
(i) All shops/establishments/local taxis/auto-rickshaws/maxi cabs and buses should display prominently at a conspicuous place, a sign, “VACCINATED”, in the event all employees and staff of the concerned shop/establishment are vaccinated. Similarly, in the case of local taxis/auto-rickshaws/maxi cabs and buses where the concerned driver or conductor or helper(s) are vaccinated.
(ii) All shops/establishments/local taxis/auto-rickshaws/maxi cabs and buses should display prominently at a conspicuous place, a sign, “NOT VACCINATED”, in the event all the employees and staff of the concerned shop/establishment are not vaccinated. Similarly, in the case of local taxis/auto-rickshaws/maxi cabs and buses where the concerned driver or conductor or helper(s) are not vaccinated.

Registrar General Vs State of Meghalaya on 23 Jun 2021

Citations :

Other Sources :

https://indiankanoon.org/doc/70432062/

Posted in High Court of Meghalaya Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Article 19 - Protection of certain rights regarding freedom of speech etc Article 21 - Protection of life and personal liberty Issued or Recommended Guidelines or Directions or Protocols to be followed Legal Procedure Explained - Interpretation of Statutes Registrar General Vs State of Meghalaya Right to be Vaccinated on own Will without any Force or Coercion Right to Health | Leave a comment

Masood Khan Vs. Millie Hazarika on 04 Mar 2021

Posted on April 3, 2021 by ShadesOfKnife

Disagreeing with a catena of judgements here, here, here, here, Single-bench of High Court of Meghalaya relied upon this landmark decision from Supreme Court here and held that a false DV case can be quashed u/s 482 CrPC.

From Paras 33, 34 and 33,

33. The argument of the learned counsel for the Respondent No. 2 in the opinion of this Court are valid as regard the nature and relief contemplated under the DV Act 2005, particularly those seen in Sections 18 to 22 which are civil in nature and can be sought for before any civil court, family court or a criminal court as provided under Section 26 of the said DV Act. However, the learned counsel has failed to notice that in Section 26 of the DV Act, the aggrieved person apart from a civil court or a family court, can seek the reliefs stated above even from a criminal court and in doing so, the aggrieved person would subject herself to the jurisdiction of a criminal court following the procedure of the Criminal Procedure Code.

34. In fact, Section 28 of the DV Act 2005 specifically provides that all proceedings under Sections 12, 18, 19, 20, 21, 22 and 23 as well as Section 31 shall be governed by the provisions of the Code of Criminal Procedure, though liberty was also given to the court to lay down its own procedure.

35. The applicability of the said provision of Section 28 of the said DV Act in criminal proceedings was emphasized by the Hon’ble Supreme Court in the case of Satish Chander Ahuja (supra) at paragraphs 138 and 139 where it has restated that the procedure to be followed shall be under the Code of Criminal Procedure.

From Paras 38, 39

38. It is also a fact that Section 482 Cr.P.C provides for inherent power on the High Court to make such order as may be necessary to give effect to any order under the Code and as stated above, proceedings under the DV Act being governed by the procedure under the Cr.P.C, therefore the logical conclusion would be that an application under Section 482 is maintainable qua order passed under Sections 12, 18, 19, 20, 21, 22 and 23 of the DV Act.
39. With due respect, the decisions of the Hon’ble Kerala High Court and the Madras High Court cited above and relied upon by the learned Counsel for the Respondent No 2, as far as the procedural aspects under the DV Act is concerned, would not stand the test in the light of the decision of the Hon’ble Supreme Court in the case of Satish Chander Ahuja (supra).

Masood Khan Vs. Millie Hazarika on 04 Mar 2021
Posted in High Court of Meghalaya Judgment or Order or Notification | Tagged 1-Judge Bench Decision Catena of Landmark Judgments Referred/Cited to Legal Procedure Explained - Interpretation of Statutes Maintainability Masood Khan Vs. Millie Hazarika | Leave a comment

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