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Category: Supreme Court of India Judgment or Order or Notification

Atluri Brahmanandam (D) Thr.Lrs Vs Anne Sai Bapuji on 18 Nov 2010

Posted on October 6, 2020 by ShadesOfKnife

This is regarding adoption criteria under section 10() of Hindu Adoptions and Maintenance Act 1956, which reads as follows,

10. Persons who may be adopted.―No person shall be capable of being taken in adoption unless the following conditions are fulfilled, namely:―
(i) he or she is a Hindu;
(ii) he or she has not already been adopted;
(iii) he or she has not been married, unless there is a custom or usage applicable to the parties which permits persons who are married being taken in adoption;
(iv) he or she has not completed the age of fifteen years, unless there is a custom or usage applicable to the parties which permits persons who have completed the age of fifteen years being taken in adoption.


From Para 16,

16. The aforesaid decision is squarely applicable to the facts and circumstances of the present case. The Andhra Pradesh High Court has recognized such a custom among the “Kamma” community of Andhra Pradesh of taking in adoption of a person even above the age of 15 years of age and has held the same to be legal and valid.

 

Atluri Brahmanandam (D) Thr.Lrs Vs Anne Sai Bapuji on 18 Nov 2010

Citations: 2010 JT 12 4412011 AIR SC 5452010 CTC 6 5552010 SCJ 8 5992011 MLJ 1 7422011 ALT 1 312010 CLT 4 4612010 SLT 8 3982011 CUTLT SUPPL 8222010 AIOL 7842010 ALLMR SC 6 9792011 RCR CIVIL SC 2 972010 SCALE 12 1572010 SCC 14 4662010 SUPREME 7 8682012 SCC CIV 1 6442010 ALR 83 8812010 AIC 96 92011 CHN 1 217

Other Sources:

https://indiankanoon.org/doc/663319/

https://www.casemine.com/judgement/in/5609aedae4b0149711414e5d


AP High Court Order here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Atluri Brahmanandam (D) Thr.Lrs Vs Anne Sai Bapuji HAM Act 10 - Persons who may be Adopted Landmark Case Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order | Leave a comment

Maria Margadia Sequeria Fernandes and Ors Vs Erasmo Jack De Sequeria (D) thru LRs on 21 Mar 2012

Posted on October 6, 2020 by ShadesOfKnife

Shri Dalveer Bhandari J has held so with regards to civil cases such as DVC, HMA24 etc…

42. In civil cases, adherence to Section 30 CPC would alsohelp in ascertaining the truth. It seems that this provision which ought to be frequently used is rarely pressed in serviceby our judicial officers and judges. Section 30 CPC reads as under:-
30. Power to order discovery and the like. –
Subject to such conditions and limitations as may be prescribed, the Court may, at any time either of its own motion or on the application of any party, –
(a) make such orders as may be necessary or reasonable in all matters relating to the delivery and answering of interrogatories, the admission of documents and facts, and the discovery, inspection, production, impounding and return of documents or other material objects producible as evidence;
(b) issue summons to persons whose attendance is required either to give evidence or to produce documents or such other objects as aforesaid;
(c) order any fact to be proved by affidavit

Regarding punishing perjurers:

82. This Court in a recent judgment in Ramrameshwari Devi aptly observed at p. 266, para 43 that unless wrongdoers are denied profit from frivolous litigation, it would be difficult to prevent it. In order to curb uncalled for and frivolous litigation, the courts have to ensure that there is no incentive or motive for uncalled for litigation. It is a matter of common experience that the court’s otherwise scarce time is consumed or more appropriately, wasted in a large number of uncalled for cases. In this very judgment, the Court provided that this problem can be solved or at least can be minimised if exemplary costs is imposed for instituting frivolous litigation. The Court observed at pp. 267-68, para 58 that imposition of actual, realistic or proper costs and/or ordering prosecution in appropriate cases would go a long way in controlling the tendency of introducing false pleadings and forged and fabricated documents by the litigants. Imposition of heavy costs would also control unnecessary adjournments by the parties. In appropriate cases, the courts may consider ordering prosecution otherwise it may not be possible to maintain purity and sanctity of judicial proceedings.

Maria Margadia Sequeria Fernandes and Ors Vs Erasmo Jack De Sequeria (D) thru LRs on 21 Mar 2012

Citations: [2012 SCC CIV 3 126], [2012 AIR SC 1727], [2012 AIR SC 2162], [2012 RCR CIVIL SC 2 441], [2012 SCALE 3 550], [2012 AIR BOMR 3 857], [2012 AIOL 139], [2012 SLT 2 753], [2012 JT 3 451], [2012 BOMCR SC 4 75], [2012 CCC SC 2 344], [2012 SUPREME 2 602], [2012 SCC 5 370], [2012 SCC ONLINE SC 281], [2012 ALR 92 251], [2012 LW 3 111], [2012 AIC 113 212], [2012 ALD 4 1], [2012 ALT SC 3 518], [2012 AWC SC 4 3645], [2012 CUT LT 114 437], [2012 SCSUPPL CHN 3 1]

Other Sources:

https://indiankanoon.org/doc/100486606/

https://www.casemine.com/judgement/in/5609af13e4b014971141585f

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 3-Judge (Full) Bench Decision Costs for Perjury CPC Order 11 - Discovery and Inspection CrPC 309 - Power to Postpone or Adjourn Proceedings Interrogatories Justice Dalveer Bhandari Maria Margadia Sequeria Fernandes and Ors Vs Erasmo Jack De Sequeria (D) thru LRs Perjury - Initiate Prosecution Perjury Under Section 340 CrPC Reportable Judgement or Order | Leave a comment

Seeta Hemchandra Shashittal and Anr Vs State of Maharashtra and Ors on 13 Feb 2001

Posted on October 4, 2020 by ShadesOfKnife

Another landmark judgment which emphasizes that Right to Speedy Trial is integral to Article 21 of Constitution.

Seeta Hemchandra Shashittal and Anr Vs State of Maharashtra and Ors on 13 Feb 2001

Citations: [2001 ACR SC 1 719], [2001 AIR SC 1246], [2001 ALD CRI 1 559], [2001 ALLMR CRI SC 582], [2001 JT SC 2 558], [2001 RCR CRIMINAL 1 838], [2001 RLW SC 2 297], [2001 SCALE 2 8], [2001 SCC 4 525], [2001 SCR 1 990], [2001 UC 1 652], [2001 AIR SC 0 795], [2001 BCR 5 323], [2001 AIR SC 1248], [2001 BOMCR CRI SC 323], [2001 CRIMES SC 1 248], [2001 CRLJ SC 1242], [2001 SUPREME 1 661], [2001 SLT 2 68], [2001 SRJ 3 341], [2001 CCR 1 197], [2001 JCC 1 185], [2001 AD SC 2 202], [2001 BLR 2 978], [2001 SCC CR 787], [2001 UJ SC 1 593], [2001 RECENTCR 1 838], [2001 AIR SCW 0 795], [2001 MLJ CRL 1 476]

Other Sources:

https://indiankanoon.org/doc/220491/

https://www.casemine.com/judgement/in/5609ad90e4b0149711411b60

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Article 21 - Protection of life and personal liberty Catena of Landmark Judgments Referred/Cited to Landmark Case Reportable Judgement or Order Right to Speedy Trial Seeta Hemchandra Shashittal and Anr Vs State of Maharashtra and Ors | Leave a comment

Abdul Rehman Antulay and Ors Vs R.S. Nayak and Anr on 10 Dec 1991

Posted on October 4, 2020 by ShadesOfKnife

In this landmark judgment, SC reiterated that Right to Speedy trail as established in Hussainara Khatoon and Ors Vs Home Secretary State Of Bihar.

Abdul Rehman Antulay and Ors Vs R.S. Nayak and Anr on 10 Dec 1991

Citations: [1991 SCALE 2 1273], [1991 SCR SUPP 3 325], [1992 AIR SC 1701], [1992 CRLJ SC 2717], [1992 SCC 1 225], [1991 JT 6 431], [1992 SCC CRI 93], [1992 CRIMES SC 1 193], [1992 BLJR 2 1319], [1991 JT SC 6 431]

Other Sources:

https://indiankanoon.org/doc/1200243/

https://www.casemine.com/judgement/in/5609ac60e4b014971140eafc

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Abdul Rehman Antulay and Ors Vs R.S. Nayak and Anr Hussainara Khatoon and Ors Vs Home Secretary State Of Bihar Landmark Case Reportable Judgement or Order | Leave a comment

State of Andhra Pradesh Vs Anne Sudheer Babu and Anr on 01 Oct 2020

Posted on October 2, 2020 by ShadesOfKnife

Supreme Court requested AP High Court to expedite the case which was stayed by AP High Court here.

State of Andhra Pradesh Vs Anne Sudheer Babu and Anr on 01 Oct 2020
Posted in Supreme Court of India Judgment or Order or Notification | Tagged Reprimands or Setbacks to YCP Govt of Andhra Pradesh State of Andhra Pradesh Vs Anne Sudheer Babu and Anr | Leave a comment

Sukhar Vs State of Uttar Pradesh on 1 October 1999

Posted on September 27, 2020 by ShadesOfKnife

Supreme Court explained the Section 6 of Evidence Act.

 

Section 6 of the Evidence Act is an exception to the general rule whereunder the hearsay evidence becomes admissible. But for bringing such hearsay evidence within the provisions of Section 6, what is required to be established is that it must be almost contemporaneous with the acts and there should not be an interval which would allow fabrication. The statements sought to be admitted, therefore, as forming part of res gestae, must have been made contemporaneously with the acts or immediately thereafter. The aforesaid rule as it is stated in Wigmores Evidence Act reads thus: Under the present Exception [to hearsay] an utterance is by hypothesis, offered as an assertion to evidence the fact asserted (for example that a car-brake was set or not set), and the only condition is that it shall have been made spontaneously, i.e. as the natural effusion of a state of excitement. Now this state of excitement may well continue to exist after the exciting fact has ended. The declaration, therefore, may be admissible even though subsequent to the occurrence, provided it is near enough in time to allow the assumption that the exciting influence continued.

… and…

Sarkar on Evidence (Fifteenth Edition) summarises the law relating to applicability of Section 6 of the Evidence Act thus:

1. The declarations (oral or written must relate to the act which is in issue or relevant thereto; they are not admissible merely because they accompany an act. Moreover the declarations must relate to and explain the fact they accompany, and not independent facts previous or subsequent thereto unless such facts are part of a transaction which is continuous.
2. The declarations must be substantially contemporaneous with the fact and not merely the narrative of a past.
3. The declaration and the act may be by the same person, or they may be by different persons, e.g., the declarations of the victim, assailant and bystanders. In conspiracy, riot &c.the declarations of all concerned in the common object are admissible.
4. Though admissible to explain or corroborate, or to understand the significance of the act, declarations are not evidence of the truth of the matters stated.

 

Sukhar Vs State of Uttar Pradesh on 1 October 1999
Posted in Supreme Court of India Judgment or Order or Notification | Tagged Evidence Act 6 - Relevancy of facts forming part of same transaction (Res Gestae) Sukhar Vs State of Uttar Pradesh | Leave a comment

Rohtash Vs State of Haryana on 22 May 2012

Posted on September 24, 2020 by ShadesOfKnife

This case emphasizes the importance of examination of material witnesses in proving the allegations of Demand for Dowry, the lack of which results in Acquittal of accused persons.

Rohtash Vs State of Haryana on 22 May 2012

Citations: [2012 ACR 3002], [2012 AIR SC 2297], [2012 ALD CRI 2 340], [2012 JLJR 4 97], [2012 NCC 2 308], [2012 RCR CRIMINAL 5 799], [2012 RLW SC 4 3745], [2012 SCALE 5 578], [2012 SCC 6 589], [2012 UC 2 1310], [2012 SCC CRI 3 287], [2012 SCC ONLINE SC 457], [2012 AIC 115 87], [2012 GUJLR 3 2199], [2012 CUTLT 114 1107], [2013 SCJ 4 636], [2012 SLT 7 1], [2012 AIOL 239], [2012 AIR SC 3318], [2012 CRIMES SC 2 324], [2012 CRLJ SC 3189], [2012 JT 5 451], [2012 SUPREME 4 88], [2012 KCCR SN 4 228], [2012 DMC 3 323], [2012 DLT CRI 3 6], [2012 MAHLJ CRI 4 97], [2012 CUT LT 114 1107], [2012 GUJ LR 3 2199], [2012 AIR SCW 3318], [2012 RCR CRIMINAL SC 4 539]

Other Sources:

https://indiankanoon.org/doc/146360566/

https://www.casemine.com/judgement/in/5609af20e4b0149711415aff

 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Acquitted in IPC 498A Non Production of Material Witness Reportable Judgement or Order Rohtash Vs State of Haryana | Leave a comment

State of AP Vs Dammalapati Srinivas

Posted on September 21, 2020 by ShadesOfKnife

After the High Court of AP granted stay on all further investigation here, State went to Apex Court challenging the Stay order.

Diary No.- 20400 – 2020

On 25-Nov-2020, Supreme Court has Stayed the High Court gag order alone. Rest of the Order remain as it is.

State of Andhra Pradesh Vs Dammalapati Srinivas and Ors on 25 Nov 2020

A complete indexed and mess-wise segregated collection of reprimands received by this incumbent State Government of YCP are here.

Posted in Supreme Court of India Judgment or Order or Notification | Leave a comment

Abhilasha Vs Parkash and Ors on 15 Sep 2020

Posted on September 16, 2020 by ShadesOfKnife

The major-daughter here tried to grab maintenance from father under 125 CrPC showing that father has such responsibility under HAMA. Supreme Court said no-no.

Abhilasha Vs Parkash and Ors on 15 Sep 2020
Posted in Supreme Court of India Judgment or Order or Notification | Tagged 3-Judge (Full) Bench Decision Abhilasha Vs Parkash and Ors CrPC Sec 125 or BNSS Sec 144 - Interim Maintenance Denied | Leave a comment

Ashwani Kumar Upadhyaya Vs Union of India and others

Posted on September 11, 2020 by ShadesOfKnife

Advocate Ashwani Kumar Upadhyaya had filed this Writ Petition way back in 2016 (2016-09-06) and still the Supreme Court is working on it.

 

On 2020-03-05:

A 13-column format was finalized to be filled by High Courts, as not many High Courts supplied Amicus with required information. Amicus email id is given wherein the Crime data was to be sent.

Ashwani Kumar Upadhyaya Vs Union of India and others on 05 Mar 2020

On 2020-08-31:

Ashwani Kumar Upadhyaya Vs Union of India and Ors on 31 Aug 2020

 


On 2020-09-10:

Submission of the Amicus Curiae:

Ashwani Kumar Upadhyaya Vs Union of India and others

Order from Court:

Ashwani Kumar Upadhyaya Vs Union of India and others on 10 Sep 2020

On 2020-09-16:

Directions were passed to CJs of High Courts for monitoring and expediting the disposal of the criminal cases.

Ashwani Kumar Upadhyaya Vs Union of India and Ors on 16 Sep 2020

On 2020-10-06:

Supplementary Submission of the Amicus Curiae:

Ashwani Kumar Upadhyaya Vs Union of India and Ors Supp Report

On 2020-11-02:

Supplementary Submission (12th Report) of the Amicus Curiae:

2020-11-02 Ashwani Kumar Upadhyaya Vs Union of India and Ors Report_compressed

On 2020-11-02:

Further directions were passed by the Court

2020-11-04 Ashwani Kumar Upadhyaya Vs Union of India and Ors

On 2021-08-10:

In view of the law laid down by this Court, we deem it appropriate to direct that no prosecution against a sitting or former M.P./M.L.A. shall be withdrawn without the leave of the High Court in the respective suo-motu writ petitions registered in pursuance of our order dated 16.09.2020. The High Courts are requested to examine the withdrawals, whether pending or disposed of since 16.09.2020, in light of guidelines laid down by this Court.

Ashwini Kumar Upadhyay Vs UOI and Anr on 10 Aug 2021

On 2021-08-11:

The table given in previous day order was amended to include new column, ‘Whether Video Conferencing facility is available’.

Ashwini Kumar Upadhyay Vs UOI and Anr on 11 Aug 2021

On 2021-08-25:

This is the 14th Status Report by Amicus Curiae:

2021-08-24 14th-amicus-report-filed-on-24082021

Here is the Order passed.

Ashwini Kumar Upadhyay Vs UOI and Anr on 25 Aug 2021
Posted in Supreme Court of India Judgment or Order or Notification | Tagged Ashwini Kumar Upadhyay Vs Union of India and Ors Landmark Case Public Interest Litigation | Leave a comment

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RSS List of Spam Server IPs from Project Honeypot

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    Event: Bad Event | Total: 3 | First: 2026-06-28 | Last: 2026-08-05
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