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Category: High Court of Madras Judgment or Order or Notification

Saraswathi Vs Thirupathi and Anr on 24 Sep 2014

Posted on April 10 by ShadesOfKnife

Madras High Court bench at Madurai spelt out this judgment, only applicable to marriage performed in Tamil Nadu and Pondicherry, regards to Bigamy in Hindus.

From Para 22,

22.A reading of the said Section will make it clear that for the validity of a marriage between two Hindus, no specific form is necessary. Either by acknowledging in the language known to eachparties that each of them takes the other as husband or wife, as the case may be, in the presence of elders and relatives or friends orother persons, or by symbolic representation of such declaration by exchanging rings, exchanging garlands or tying thali will be sufficientobservance of the formality to make a Hindu Marriage among the two Hindus in Tamil Nadu to be valid. The very fact that the sectionemployees the conjunction ‘or’ and not ‘and’ while describing formalities to be observed is very significant. It is brought to the notice of the Court by the Bar that at the time of drafting of the Bill, the conjunction ‘and’ was used and when it was placed before the reformer in Dravidar Movement namely, E.Vera.Ramasamy Periyar, for his opinion, he alone suggested the correction of the conjunction ‘and’ into ‘or’ to make it clear that the symbolic representation ‘in any one of the forms’ shall be sufficient. The section also provides for validation of marriages performed prior to the introduction of Section 7-A of the Hindu Marriage Act, 1955 and several such marriages were saved from being held void for non observance of any of the customary rituals provided the conditions found in Section 7-A were present. After the amendment in Tamil Nadu, for convicting a person professing Hindu religion for bigamy, it shall be enough to show that the underwent a form of marriage which complies with the above condition namely, acknowledgment by words or symbolic representation of acknowledgement by exchanging garlands or exchanging of rings or tying of thali provided the marriage is with a woman professing Hindu religion. What the appellant/complainant has to prove is that but for the subsistence of the first marriage, the second marriage would have been valid.

From Para 26, Crucial Piece of Law:

26. A perusal of the said provision will make it clear that thesaid Section can be pressed into service against the first respondent alone, who contracted the second marriage during the subsistence of his marriage with the appellant/complainant. It is not the case of the appellant/complainant that the second respondent was having a husband and she married the first respondent as her second husband during the subsistence of her marriage with her first husband, in which event alone she can be roped in as an accused under Section 494 IPC. But, if it is established that she married the first respondent with the knowledge that the first respondent was already married and his first wife namely, the appellant/complainant was living and that their marriage was subsisting, she shall not be liable for the substantive offence punishable under Section 494 IPC, but shall be liable to be punished under Section 494 IPC read with Section 109 IPC for having abetted the commission of the said offence. Of course, as per Section 109 IPC when no express provision is made in the Code for the punishment of abetment of a particular offence, if the act abetted is committed in consequence of the abetment, then such abettor shall be punishable with the punishment provided for the offence. Here is a case in which the marriage has taken place and hence, if the second respondent is proved to have got the knowledge of the first marriage of the first respondent with the appellant/ complainant, then she shall be liable to be punished with the punishment prescribed under Section 494 IPC. However, when a person is to be punished for abetment of an offence, separate charge stating that she is prosecuted for abetting such an offence and that the act abetted has been committed should have been framed. The charge against the second respondent ought to have been framed as one for an offence punishable under Section 494 IPC read with Section 109 IPC. The learned trial Judge committed an error in not framing such a specific charge against the second respondent and convicting the second respondent under the substantive provision alone namely under Section 494 IPC. Even forargument sake if it is assumed that the absence of framing of such a specific charge is only an irregularity not vitiating the proceedings,unless she is proved to have agreed for the marriage with the knowledge of the subsistence of the marriage between the appellant/complainant and the first respondent, she cannot beconvicted for the offence punishable under Section 494 IPC read with Section 109 IPC. In this regard, there is absence of clear evidence,imputing direct knowledge to the second respondent regarding the subsistence of first marriage of the first respondent with theappellant/complainant.

From Para 28, Sentencing:

28. Regarding the sentence, the submissions made on both sides are also taken into consideration. The maximum punishment prescribed under the said penal provision, namely 494 IPC is imprisonment of either description for 7 years and also fine. The trial Judge seems to have imposed a sentence of rigorous imprisonment for three years and a fine of Rs.100/- with a default sentence of rigorous imprisonment for one week. So far as the fine amount is concerned, the trial Court seems to have shown leniency. Substantive sentence awarded by the trial Court, as contended by the learned counsel for the first respondent, is some what harsh and the same needs reduction. This Court is of the view that reducing the substantive sentence to two years rigorous imprisonment and increasing fine to Rs.1000/- from Rs.100/- with a default sentence of one month simple imprisonment shall meet the ends of justice.

Saraswathi Vs Thirupathi and Anr on 24 Sep 2014

Citations :

Other Sources :

https://indiankanoon.org/doc/83802447/

https://www.lawyerservices.in/Saraswathi-Versus-Thirupathi-and-Another-2014-09-24

Posted in High Court of Madras Judgment or Order or Notification | Tagged 1-Judge Bench Decision CrPC 313 - Power to examine the accused CrPC 378 - Appeal In Case Of Acquittal Hindu Marriage (Madras Amendment) Act 1967 - Section 7-A IPC 494 - Marrying again during life-time of husband or wife Landmark Case Legal Procedure Explained - Interpretation of Statutes Saraswathi Vs Thirupathi and Anr | Leave a comment

Dr.S.Ariharan and Anr Vs Inspector of Police and Anr on 26 Nov 2019

Posted on April 6 by ShadesOfKnife

Justice G.R. Swaminathan held that Section 438 of Cr.PC is not the sole repository of the power to grant anticipatory bail. The High Courts are endowed with inherent powers (u/s 482 CrPC) to make such orders as to secure the ends of justice.

From Para 5,

5.The Union of India not wanting to take chances also filed Review Petition (Crl) No.228 of 2018. The same was disposed of vide judgment dated 01.10.2019 by a three Judges Bench. On a careful reading of the judgement dated 01.10.2019, one can note that the essence and soul of Dr.Subhash Kashinath Mahajan judgment has not only survived but remains intact.

From Para 11,

11.The outcome of the challenge can be one way or the other. Section 18 A of the Act can be upheld. Or it can be struck down. Even if its validity is upheld, the High Courts would still be entitled to grant anticipatory bail. The statute only excludes the applicability of Section 438 of Cr.PC. In the State of Uttar Pradesh, Section 438 of the Code has been deleted by the State amendment and the said deletion has been upheld in (1994) 3 SCC 569 (Kartar Singh vs. State of Punjab). But, that has not curtailed the extraordinary power of the High Court to entertain a plea of anticipatory bail and this power was held to be available in Hema Mishra vs. State of U.P. and Ors, (2014) 4 SCC 453).

From Para 12,

12. Section 438 of Cr.PC is not the sole repository of the power to grant anticipatory bail. The High Courts are endowed with inherent powers to make such orders as to secure the ends of justice. I hope I am not indulging in quibbling or hair-splitting when I say that neither Section 18 nor Section 18 A engraft a bar against grant of anticipatory bail. They are to the effect that the provision of Section 438 of the Code shall not apply to a case under the Atrocities Act. Even if Section 438 of Cr.PC is not available, Section 482 of Cr.PC can very much be invoked. Hence, I hold that this Court is very much possessed of the power to grant anticipatory bail even in cases arising under the Schedules Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. The petitions can be filed under Article 226 of the Constitution of India or under Section 482 of Cr.PC.

Dr.S.Ariharan and Anr Vs Inspector of Police and Anr on 26 Nov 2019

Citations :

Other Sources :

https://indiankanoon.org/doc/186580740/

https://www.lawyerservices.in/Dr-S-Ariharan-and-Another-Versus-The-Inspector-of-Police-Thirumangalam-Madurai-District-Crime-No-of-2019-and-Another-2019-11-26

 

Posted in High Court of Madras Judgment or Order or Notification | Tagged 1-Judge Bench Decision CrPC 438 - Anticipatory Bail CrPC 438 - Anticipatory Bail Denied CrPC 438 - Anticipatory Bail in SC/ST Atrocities Act CrPC 438 - Anticipatory Bail Not Maintainable CrPC 482 - Quash CrPC 482 - Saving of inherent powers of High Court Dr.S.Ariharan and Anr Vs Inspector of Police and Anr Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order | Leave a comment

Nakkeeran alias Jeroan Pandy Vs State and Anr on 07 Dec 2021

Posted on February 3 by ShadesOfKnife

 

 

Nakkeeran alias Jeroan Pandy Vs State and Anr on 07 Dec 2021

Citations :

Other Sources :

Posted in High Court of Madras Judgment or Order or Notification | Tagged Convicted Under IPC 498A IPC 498A - Cruelty Proved due Extramarital Affair Nakkeeran alias Jeroan Pandy Vs State and Anr Non-Reportable Judgement or Order | Leave a comment

Santhanam and Anr Vs State and Anr on 20 Sep 2021

Posted on September 25, 2021 by ShadesOfKnife

A saga of illicit relationship of 5 years between two advocates is twisted into a tale of rape!!!

Santhanam and Anr Vs State and Anr on 20 Sep 2021

Citations :

Other Sources :

 

Posted in High Court of Madras Judgment or Order or Notification | Tagged 1-Judge Bench Decision Advocate Antics Evidence Act 65B - Admissibility of electronic records False Incest Or Rape Or Sexual Or Sexual Harassment Allegations Judiciary Antics Police Antics Santhanam and Anr Vs State and Anr Work-In-Progress Article | Leave a comment

R. Krishnamurthy Vs State of T.N. on 07 Nov 2019

Posted on August 8, 2021 by ShadesOfKnife

Relying on this decision here, Madras High Court held as follows,

From Para 9,

9. Learned counsel for the petitioner, in support of his contentions had relied upon the decisions of this Court reported in (i) MANU/TN/0650/2009 (Rev.Samuel D.Stephens and others Vs. Pastor A.Samuel Ramasamy) (ii) an order passed by a learned Single Judge of this Court dated 11.6.2015 in Crl.O.P.No.14184 of 2015 (A.Leo Charles Vs. M.Vijayakumar). The citations referred pertains to entries made for docket order and on a case of private
complaint where the procedure adopted are different . The facts of the above cases, are not applicable to the facts and circumstances of the present case.

From Para 12,

12. It is seen that the documents are voluminous and hence the petitioner could not be furnished with the same. Further the trial court had rightly rejected the same and this court finds no reason to interfere with it. In view of the petitioner’s specific plea that he needs the copy of documents and non furnishing would greatly cause prejudice to the petitioner in answering the charges and to defend his case, the petitioner shall peruse the voluminious documents and specify the pages of the necessary documents. On such specification, copies of that pages alone has to be furnished to him. The petitioner shall make a copy application to that effect. It is made clear that only specific pages sought by the petitioner has to be furnished to
him on payment of necessary fees.

R. Krishnamurthy Vs State of T.N. on 07 Nov 2019

Citations : [2019 SCC ONLINE MAD 33279]

Other Sources :

https://indiankanoon.org/doc/124761565/

https://www.casemine.com/judgement/in/5ffd8ba29fca1917ab0e6622

Posted in High Court of Madras Judgment or Order or Notification | Tagged 1-Judge Bench Decision Certified Copies of Unmarked and Unexhibited Documents CrPC 207 - Supply to the accused of copy of police report and other documents R. Krishnamurthy Vs State of T.N. Reportable Judgement or Order Rev. Samuel D. Stephens and Ors Vs Pastor A. Samuel Ramasamy | Leave a comment

Rev. Samuel D. Stephens and Ors Vs Pastor A. Samuel Ramasamy on 27 Feb 2009

Posted on August 8, 2021 by ShadesOfKnife

Relying on earlier decision here, single judge bench of Madras High Court held as follows:

From Para 12,

12. Mr. V. Karthik has also brought to the notice of the Court the following decisions in Jagatbhai Punjabhai Palkhiwala and others v. Vikrambhai Punjabhai Palkhiwala and others, AIR 1985 Gujarat 112; K. Nagarajan v. K.S Ramasamy, 2003 (3) M.L.J 211; and K.R. Sengottuvelu v. Karuppa Naicker, 2005 (5) CTC 91. The above decisions are relating to Civil cases, wherein it has been held that since the documents are in the custody of the Court, the parties cannot take xerox copies of the same without the permission of the Court, but that does not mean that the Court can refuse such  permission only on the ground that they have not become part of the record of the Suit.

From Para 16,

16. The main objection raised by the learned counsel for the respondent is that since the documents filed along with the Complaint have not been marked, the accused, at this stage, are not entitled to get certified copies of the same. In support of the said contention, the learned counsel relied upon the decision of the Apex Court reported in AIR 1970 SC 962, cited supra. It has to be pointed out that in the said decision, the Hon’ble Apex Court has held that the High Court was not justified, in indirectly applying to cases instituted on Private Complaints the requirements of Section 173(4), Cr.P.C In the said decision what the Hon’ble Court has held is that it was impermissible for the High Court to read into Section 94, Cr.P.C, the
requirements of Section 173(4), Cr.P.C on the ground that Section 173(4), Cr.P.C is not applicable to Private Complaints. On the said reasoning, the direction issued by the High Court directing the prosecution to furnish copies of the documents to the accused was set aside. But it has to be pointed out that in that decision, the question as to whether the accused is entitled to get certified copies of the documents filed along with the Private Complaint did not come up for consideration and hence, the said decision is not of any help to the respondent.

From Para 18,

18. In this context, it is pertinent to point out that the learned counsel for the respondent has not referred to any provision in the Criminal Procedure Code containing any prohibition to furnish certified copies of the documents filed along with the Private Complaint. The prohibition like the one contained under Section 173(4), Cr.P.C is not there as far as the documents filed along with the Private Complaint are concerned. Therefore, unless there is a statutory prohibition, it cannot be said that the accused is not entitled to get certified copies of the documents filed along with the Private Complaint.

From Para 20,

20. Similarly, in a Criminal case taken cognizance on the basis of the Private Complaint also if the allegations contained in the Complaint and the documents accompanied with the Complaint do not prima facie reveal the commission of any offence and the ingredients of the offence are not made out, it is always open to the accused to approach the High Court under Section 482, Cr.P.C seeking for quashing of the proceedings. For taking recourse under Section 482, Cr.P.C, it is necessary for the accused to produce before the Court a copy of the Complaint as well as the documents filed along with the Complaint. Since before taking cognizance, the learned Judicial Magistrate is bound to apply his judicial mind not only to the allegations contained in the Complaint but also to the documents accompanying the same and an order taking cognizance is a judicial order and as such the accused is entitled to challenge the cognizance taken in the case. As per Section 363(5), Cr.P.C, Save as otherwise provided in subsection (2), any person affected by an order passed by the Court on an Application made in this behalf and on payment of the prescribed charges be given a copy of such order or of any deposition or other part of the record. If the question is considered in the light of Section 363(5), Cr.P.C, it could be held that since, as pointed out above, an order taking cognizance is a judicial order, Section 363(5) is attracted and on that ground also the accused is entitled to get a copy of the part of the record of a Criminal case to enable him to seek appropriate remedy before the higher forum. In my considered view, Rule 339 of the Criminal Rules of Practice is in consonance with the provisions contained in Section 363(5), Cr.P.C It is also to be pointed out that by furnishing of certified copies of the documents filed along with the Private Complaint, no prejudice whatsoever is going to be caused to the complainant, whereas, if the request of the accused is rejected, it will definitely prejudice the right of the accused in seeking appropriate legal remedy before the higher Courts.

From Para 22,

22. A reading of the aforesaid provision shows that in a case instituted otherwise than on a police report, if it appears to the Magistrate issuing process under Section 204, Cr.P.C, that the offence is triable exclusively by the Court of Session, he shall furnish to the accused a copy of each of the documents filed along with the Complaint. That Sections casts duty on the Court to furnish the said documents free of cost. But similar duty is not cast on the Magistrate to furnish copies of the documents free of cost if the case is not triable exclusively by the Court of Session. It would mean that it is not incumbent on the part of the learned Judicial Magistrate to furnish copies of the documents free of cost either at the time of sending the process or on the appearance of the accused. There is no other provision which prohibits the accused from applying for certified copies of those documents filed along with the Complaint. As pointed out above, in the absence of any specific prohibition in the Cr.P.C either expressly or impliedly, in the considered view of this Court, the accused cannot be deprived of his right to get certified copies of the documents filed along with the Complaint so as to defend himself in the case as long as such furnishing of certified copies would not prejudice the case of the respondent.


Casemine Version:

Rev. Samuel D. Stephens and Ors Vs Pastor A. Samuel Ramasamy on 27 Feb 2009 (CM Ver)

Citations : [2009 LW CRL 1 386], [2009 SCC ONLINE MAD 576], [2009 MWN CRI 1 298], [2009 MLJ CRL 2 436]

Other Sources :

https://www.casemine.com/judgement/in/56ea7cf8607dba36cc747754

Posted in High Court of Madras Judgment or Order or Notification | Tagged 1-Judge Bench Decision Catena of Landmark Judgments Certified Copies of Unmarked and Unexhibited Documents CPC Order 11 Rule 15 - Inspection of Documents referred to in Pleadings or Affidavits CrPC 208 - Supply of copies of statements and documents to accused in other cases triable by Court of Session K. Nagarajan Vs K.S. Ramasamy and Anr Madras High Court Criminal Rules of Practice Not Authentic copy hence to be replaced Reportable Judgement or Order Rev. Samuel D. Stephens and Ors Vs Pastor A. Samuel Ramasamy Work-In-Progress Article | Leave a comment

K. Nagarajan Vs K.S. Ramasamy and Anr on 17 Jul 2003

Posted on August 7, 2021 by ShadesOfKnife

A single judge of Madras High Court, relying on earlier Gujarat High Court decision), held that, unmarked copies of documents can be sought for, via Copy application.

From paras 8 and 9,

8. The learned counsel for the revision petitioner contends that it contains certain defamatory, false and malicious allegations against the plaintiff and probably, the plaintiff may prefer to take legal action for giving such a complaint.
9. We are not concerned about the contents of the complaint or the intention of the complainant. What we are concerned is whether a party is entitled to get the certified copy of a document produced in Court, but not marked and which has not become a part of the record of that case.

From Para 12,

12. So far as this case is concerned, there is no dispute that the petitioner filed an application for grant of certified copy. But, the learned Additional District Munsif, returned the application on the sole ground that it has not been marked. Even after the petitioner resubmitted his application by making endorsement that he is entitled under Rule 127 of Civil Rules of Practice, with the same reason once again the copy application has been returned.

From Para 14, Law declared.

14. In any suit apart from the documents marked, there is likelihood of presence of other unmarked documents like warrant issued to the Commissioner or notice given to the Commissioner by the parties etc. Assuming that a party disputes receipt of notice issued by the Advocate Commissioner, then notice said to have been given by the Commissioner will become an important document and certainly copy of such notice shall be required by the other party who claims that actually notice has been given to the party who disputes it. Though the notice given by the Commissioner to the party may not be a part of the record as far as the suit is concerned, since it is not marked as an exhibit in the suit, still a notice can become necessary for a particular party for which he may require copy. Therefore, the document produced in Court even though not marked as a document in evidence in a suit, still necessity may arise for requirement of a certified copy of such a document. That is why under Order 62 and Order XI Rule 15 of Civil Rules of Practice, it is clearly mentioned that any document produced in Court can be inspected. The terms mentioned in Rule 62 and Order XI Rule 15 of Civil Rules of Practice are wider in nature, in the sense that the documents referred are not only marked but also produced in Court.

Indiankanoon Version:

K. Nagarajan Vs K.S. Ramasamy and Anr on 17 Jul 2003 (IK Ver)

Casemine Version:

K. Nagarajan Vs K.S. Ramasamy and Anr on 17 Jul 2003 (CM Ver)

Citations : [2003 MLJ 3 211]

Other Sources :

https://indiankanoon.org/doc/646246/

https://www.casemine.com/judgement/in/56090140e4b0149711156312

Posted in High Court of Madras Judgment or Order or Notification | Tagged 1-Judge Bench Decision Certified Copies of Unmarked and Unexhibited Documents CPC Order 11 Rule 15 - Inspection of Documents referred to in Pleadings or Affidavits K. Nagarajan Vs K.S. Ramasamy and Anr Madras High Court Civil Rules of Practice Not Authentic copy hence to be replaced Reportable Judgement or Order Work-In-Progress Article | Leave a comment

Ajita David Vs State on 29 Jun 2009

Posted on July 17, 2021 by ShadesOfKnife

Inherent bias towards women can lead to incorrect judgments… This judgment totally fails to consider a question (may be not posed to the Court by the Counsels on both sides) isn’t this interpretation violative of Articles 14 and 21, Principles of Natural Justice and many more… More so, since the person aggrieved by the offence is not defined in the Act, every tom, dick and harry are given any interpretation to the provisions of this law.

From Paras 5-9,

5. The learned Senior Counsel appearing for the revision petitioner would vehemently contend that the Trial Court failed to appreciate the ambit of section 3 of the Dowry Prohibition Act, 1961 which proposed to punish not only the receiver of dowry but also the giver of dowry. Referring to section 7(1)(b)(ii) of the Act, the learned Senior Counsel appearing for the revision petitioner would submit that though protection is provided from charging a person who is aggrieved by the offence under section 7(1)(b)(ii), the parents of the aggrieved wife do not fall under the category of person aggrieved by the offence. Therefore, the exemption contemplated under section 7(3) of the Dowry Prohibition Act, 1961 does not apply to the father of the de facto complainant, who purportedly gave dowry. It is his further submission that even before the case reaches the stage of trial, the learned Chief Metropolitan Magistrate, while taking cognizance of the case as per section 190 of the Code of Criminal Procedure, is duty bound to array all the persons against whom offences have been made out. Therefore, it is his submission that when the giver of the dowry is also punishable under section 3 of the Dowry Prohibition Act, he cannot claim any exemption under section 7(3) of the said Act. The learned Chief Metropolitan Magistrate is bound to act under section 190 and take cognizance as against the father of the de facto complainant also, it is contended.

6. There was no representation for the intervenor. Learned Government Advocate (Criminal Side) appearing for the State would submit that the object of the amendment introduced by Act 43/1986 to exclude the person aggrieved from prosecution under Dowry Prohibition Act will have to be considered by this court before approaching the ambit of section 3 of the Dowry Prohibition Act. Referring to section 7(3) of the Dowry Prohibition Act, 1961, he would further submit that a clear exemption is contemplated from prosecuting a person aggrieved by any offence under the Dowry Prohibition Act. Further, he would submit that the petition seeking to array the father of the de facto complainant is totally misconceived, inappropriate and premature.

7. The statement of objects and reasons for the enactment of the Dowry Prohibition Act, 1961 would reflect that the Act is enacted to prohibit the evil practice of giving and taking dowry. But, while dealing with the salient features of the Act 43/1986 which introduced the amendment, it has been stated that the statement made by the person aggrieved by the offence shall not subject him to prosecution under the Act.

8. In terms of the statement of objects and reasons of the Dowry Prohibition Act, 1961, provision under section 3 of the Dowry Prohibition Act was enacted to punish not only the receiver but also the giver of the dowry. Section 7(1)(b)(ii) would read that notwithstanding anything contained in the Code of Criminal Procedure, no court shall take cognizance of the offence under this Act except upon a complaint by the person aggrieved by the offence or a parent or other relative of such person or by any recognised welfare institution or organisation. Section 7(3) of the Dowry Prohibition Act would provide that notwithstanding anything contained in any law for the time being in force, a statement made by the person aggrieved by the offence shall not subject him to prosecution under the Act.

9. In order to provide more clarity to the provision under section 7(1)(b)(ii), the legislature has thought it fit to clarify that a parent or other relative of such a person also is entitled to lodge a complaint apart from the person aggrieved by the offence. Firstly, it is found that Dowry Prohibition Act, 1961 does not define the person aggrieved by the offence. The aforesaid provision made to provide more clarity cannot be interpreted that the word ‘parent’ does not fall within the category of an aggrieved person by the offence provided under the Dowry Prohibition Act, 1961. The parent of the victim girl is definitely a person aggrieved by the offence. By no stretch of imagination, the legislature would have thought of excluding the parent from the purview of the person aggrieved by the offence while drafting section 7(3) of the Act to exempt from prosecution the person aggrieved by the offence for the statement made by him. At any rate, the phrase “person aggrieved by the offence” employed in sub-section 3 of section 7 of the Dowry Prohibition Act, 1961 cannot be construed that it only refers to the victim girl who was deprived of the marital bliss on account of the harassment meted out to her demanding dowry. In the considered opinion of this court, parents and other relatives of the victim girl can safely be classified as person aggrieved by the offence as contemplated under section 7(3) of the Dowry Prohibition Act.

From Para 12,

12. Section 190 of the Code of Criminal Procedure is subject to section 7 of the Dowry Prohibition Act, 1961 on account of the non-obstante clause found under the above Act. When the provision under section 7(3) of the Special Act prohibits taking cognizance as against a person aggrieved by the offence for the incriminating statement made by him, the Judicial Magistrate cannot invoke the provision under section 190 of the Code of Criminal Procedure and include a person exempted under the Special Act as one of the accused. On account of the introduction of the provision to the Special Act to exclude certain persons from prosecution, the powers of the Judicial Magistrate under section 190 of the Code of Criminal Procedure referred to in the above ratio cannot be exercised.

 

Ajita David Vs State on 29 Jun 2009

Citations : [2009 MLJ CRL 3 728]

Other Sources :

https://indiankanoon.org/doc/1269967/

https://www.casemine.com/judgement/in/5609039fe4b014971115c0a5

Posted in High Court of Madras Judgment or Order or Notification | Tagged Ajita David Vs State DP Act 7(3) - Protection for Aggrieved Person from Prosecution Misinterpretation of Earlier Judgment or Settle Principle of Law | Leave a comment

M Karthiga Priyadarshini Vs State on 30 Mar 2021

Posted on July 15, 2021 by ShadesOfKnife

 

M Karthiga Priyadarshini Vs State on 30 Mar 2021

Citations :

Other Sources :

 

Posted in High Court of Madras Judgment or Order or Notification | Tagged Advocate Antics CrPC 438 - Anticipatory Bail Granted M Karthiga Priyadarshini Vs State | Leave a comment

Ramasamy Udayar Vs District Collector and Ors on 30 Apr 2021

Posted on May 31, 2021 by ShadesOfKnife

A division bench of Madras High Court put the peacefools in their right place and allowed Hindu religious processions in all the streets of the village.

19.As stated earlier, before the year 2012, Temple’s processions were conducted through all the streets in the village and there was no problem. Even from the year 2012 to 2015, processions were conducted through all the streets and roads which have been approved by this Court in W.P.No.23487 of 2012 and W.P.No.33288 of 2015 filed by the private respondent herein. Therefore, it is evident that taking out Temple’s processions through all the streets and roads in V.Kalathur village have been the custom and practice of the Hindus for the past many decades. It seems from the year 2012 onwards, when the Muslims started objecting, the problem seems to have started.

From Para 20,

As per Section 180-A of the District Municipalities Act 1920, roads or streets should be used as access to the people irrespective of their religion, caste or creed. Merely because one religious group is dominating in a particular locality, it cannot be a ground to prohibit from celebrating religious festivals or taking processions of other religious groups through those roads. If it is to be accepted, then a day will come when a particular religious group which is predominantly occupying the area, will not allow the people belonging to other religious groups even to use the roads even for movement, transportation or the normal access. Even the marriage processions and funeral processions would be prohibited/prevented which is not good for our society.

From Para 25,

25.The abovesaid facts of the case would reveal that all along there had been religious tolerance and the religious festivals were conducted very  smoothly and religious procession were conducted without any problem through all the streets and roads of the village. If religious intolerance is going to be allowed, it is not good for a secular country. Intolerance in any form by any religious group has to be curtailed and prohibited. In this case,
intolerance of a particular religious group is exhibited by objecting for the festivals which have been conducted for decades together and the procession through the streets and roads of the village are sought to be prohibited stating that the area is dominated by Muslims and therefore, there cannot be any Hindu festival or procession through the locality. India is a secular country and merely because one religious group is living in majority in a particular area, it cannot be a reason for not allowing other religious festivals or processions through that area. If the contention of the private
respondent is to be accepted then it would create a situation in which minority people cannot conduct any festival or procession in most of the areas in India. If resistance is being exhibited by one religious group and it is reciprocated by the other religious groups, there would be chaos, riots, religious fights causing loss of lives and destruction of properties. Consequently, the secular character of our country will be destroyed or damaged.

Ramasamy Udayar Vs District Collector and Ors on 30 Apr 2021

 

Posted in High Court of Madras Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Muslims object to Hindus Religious Processions Ramasamy Udayar Vs District Collector and Ors | Leave a comment

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