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Category: Supreme Court of India Judgment or Order or Notification

M.E. Shivalingamurthy Vs CBI Bengaluru on 7 January 2020

Posted on April 7, 2020 by ShadesOfKnife

Justice K.M.Joesph from a 2-judge bench, held the following principles while deciding a discharge petition file u/s 227 CrPC. Also Governing principles regarding permissibility of defence of accused or documents produced by him, summarized.

i. If two views are possible and one of them gives rise to suspicion only as distinguished from grave suspicion, the Trial Judge would be empowered to discharge the accused.
ii. The Trial Judge is not a mere Post Office to frame the charge at the instance of the prosecution.
iii. The Judge has merely to sift the evidence in order to find out whether or not there is sufficient ground for proceeding. Evidence would consist of the statements recorded by the Police or the documents produced before the Court.
iv. If the evidence, which the Prosecutor proposes to adduce to prove the guilt of the accused, even if fully accepted before it is challenged in cross-examination or rebutted by the defence evidence, if any, “cannot show that the accused committed offence, then, there will be no sufficient ground for proceeding with the trial”.
v. It is open to the accused to explain away the materials giving rise to the grave suspicion.
vi. The court has to consider the broad probabilities, the total effect of the evidence and the documents produced before the court, any basic infirmities appearing in the case and so on. This, however, would not entitle the court to make a roving inquiry into the pros and cons.
vii. At the time of framing of the charges, the probative value of the material on record cannot be gone into, and the material brought on record by the prosecution, has to be accepted as true.
viii. There must exist some materials for entertaining the strong suspicion which can form the basis for drawing up a charge and refusing to discharge the accused.

M.E. Shivalingamurthy Vs CBI Bengaluru on 7 January 2020

Citations: [(2020) 2 SCC 768]

Other Source links: https://indiankanoon.org/doc/151468802/ or


Index of Discharge Judgments u/s 227 Cr.P.C. is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged CrPC 227 - Discharge Rejected Dilawar Balu Kurane Vs State Of Maharashtra Legal Procedure Explained - Interpretation of Statutes M.E. Shivalingamurthy Vs CBI Bengaluru P.Vijayan Vs State Of Kerala and Anr Reportable Judgement or Order Union Of India Vs Prafulla Kumar Samal and Anr | Leave a comment

IN RE Guidelines for Court Functioning through Video Conferencing during nCOVID-19 Pandemic on 06 April 2020

Posted on April 6, 2020 by ShadesOfKnife

Here is the Order of Supreme Court where in it has frame some guidelines for it to function through Video Conferencing during nCovid-19 pandemic and even after the lockdown which was supposed to end on 14 April 2020 but got extended upto 3 May 2020.

IN RE Guidelines for Court Functioning through Video Conferencing during nCOVID 19 Pandemic-Order 06 April 2020

Here is the Record of Proceedings (ROP) for 06 April 2020

IN RE Guidelines for Court Functioning through Video Conferencing during nCOVID 19 Pandemic-ROP 06 April 2020

AP High Court has also taken up the issue of COVID-19 as a Writ Petition here.


Citations: [

Other Source links:


 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged IN RE Guidelines for Court Functioning through Video Conferencing during nCOVID 19 Pandemic Video Conferencing Work-In-Progress Article | Leave a comment

Union of India Vs R Thiyagarajan on 3 April 2020

Posted on April 6, 2020 by ShadesOfKnife

This Judgment by Justice Deepak Gupta from a 2-judge bench held in Para 18 that,

18. We also are of the view that the High Court exceeded its jurisdiction in matters like this. The High Court exercise its jurisdiction only over State(s) of which it is the High Court. It has no jurisdiction for the rest of the country. Matters like the present may be pending in various parts of the country. In the present case, matter had been decided by the Delhi High Court but some other High Court may or may not have taken different view. The High Court of Madras could not have passed such order. It has virtually usurped the jurisdiction of other High Courts in the country. It is true that sometimes this Court has ordered that all similarly situated employees may be granted similar relief but the High Court does not have the benefit of exercising the power under Article 142 of the Constitution. In any event, this Court exercises jurisdiction over the entire country whereas the jurisdiction of the High Court is limited to the territorial jurisdiction of the State(s) of which it is the High Court. The High Court may be justified in passing such an order when it only affects the employees of the State falling within its jurisdiction but, in our opinion, it could not have passed such an order in the case of employees where pan India repercussions would be involved.

This effectively means that, to challenge a Central Act such as Dowry Prohibition Act 1961 which has ramifications to entire country, one can not invoke the Writ jurisdiction of a High Court. This implies that, one has to go to Supreme Court only. This is quite contrary to the obiter dicta from Kusum Ingots judgement here given by a 3-judge bench.

Union of India Vs R Thiyagarajan on 3 April 2020

Citations: [

Other Source links: https://indiankanoon.org/doc/95720998/ or


Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from main.sci.gov.in/judgments, judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Article 226 - Power of High Courts to issue certain writs One State High Court Decisions Binding On Other State High Courts Reportable Judgement or Order Union of India Vs R Thiyagarajan Work-In-Progress Article | Leave a comment

Raj Talreja Vs Kavita Talreja on 24 April 2017

Posted on March 25, 2020 by ShadesOfKnife

Supreme Court had that filing false complaints caused mental cruelty and thereby gives opportunity to seek divorce on the ground of Cruelty.

“11. Cruelty can never be defined with exactitude. What is cruelty will depend upon the facts and circumstances of each case. In the present case, from the facts narrated above, it is apparent that the wife made reckless, defamatory and false accusations against her husband, his family members and
colleagues, which would definitely have the effect of lowering his reputation in the eyes of his peers. Mere filing of complaints is not cruelty, if there are justifiable reasons to file the complaints. Merely because no action is taken on the complaint or after trial the accused is acquitted may not be a ground to treat such accusations of the wife as cruelty within the meaning of the Hindu Marriage Act, 1955 (for short “the Act”). However, if it is
found that the allegations are patently false, then there can be no manner of doubt that the said conduct of a spouse levelling false accusations against the other spouse would be an act of cruelty.”

Raj Talreja Vs Kavita Talreja on 24 April 2017

Citations: [2017 SCC ONLINE SC 462], [MANU/SC/0493/2017], [2017 AIR SC 2138], [2017 ALR 123 835], [2017 ALD 4 189], [2017 CHN SC 3 77], [2017 CTC 4 208], [2017 CLT 124 401], [2017 DMCSC 2 317], [2017 JLJ 3 367], [2017 JLJR 2 470], [2017 MLJ 4 190], [2017 PLJR 2 475], [2017 RCR CIVIL 2 1044], [2017 SCALE 5 413], [2017 SCJ 5 418]

Other Source links: https://indiankanoon.org/doc/139144445/ and https://www.casemine.com/judgement/in/58fe28e753bee70a8573e00c


 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Divorce Granted on Cruelty ground Filing False Criminal Complaints causes Mental Cruelty HM Act Sec 13 - Divorce Granted to Husband Raj Talreja Vs Kavita Talreja | Leave a comment

Supreme Court mandates use of A4 sheets With Double-Sided Printing for all usages from 01 April 2020

Posted on March 25, 2020 by ShadesOfKnife
The Supreme Court has finally approved the use of A4 size papers for filing documents, with printing on both the sides. The news is here and the circular is below.

For Internal Communications of Registry with Court

12032020_071734

… and…

For all communications between Registry, Court, Advocates and litigants

12032020_071455

Three law students write to CJI, want legal size paper ditched for A4.

Link here.


Supreme Court was not interested to direct other Constitutional Courts and Tribunals to shift to A4 paper usage.

Link here.

Youth Bar Association of India and Anr Vs Union of India and Ors on 31 Oct 2022

The following High Courts also followed the Supreme Court in this regard.

Allahabad HC

The news is here and Order passed in the Writ filed in this regard is below.

Saumitra Anand and 4 Ors Vs Registrar General High Court of Allahabad and 2 Ors on 27 Jul 2020

…

The Registry had taken a decision on this. The Rulebooks are to be revised basis this decision soon.

Use of A4 sheets permitted by Allahabad High Court

…

The Rules of the High Court are amended to incorporate the new paper size. The news is here.

Allahabad High Court (Amendment) Rules, 2021

Andhra Pradesh HC

The news is here and Notice is below

2022-07-29 A4 Paper usage effective from 01-09-2022

Bombay HC

The news is here and Notice is below (only applicable to all High Court benches; not to sub-ordinate courts in the State)

2021-07-06 Notification

Calcutta HC

The news is here and Notice is below

notice-2615-18-Feb-2020

Delhi HC

The PIL news is here. Actual news is here.

Practice_direction_A4_Delhi_High_Court

Here is the revised Practice direction…

Practice direction for A4 Paper usage by Delhi High Court

Gauhati HC

The news is here and the Notification is below

Notification-06-02-2015

Gujarat HC

The news is here


Himachal Pradesh HC

The direction is below

Himachal Pradesh HC regd A4 Paper size usage

Jharkhand HC

The news is here

 


Karnataka HC

The news is here. Here is the Judgment from CJ Karnataka

Akriti Agarwal and Ors Vs Registrar High Court of Karnataka on 19 Nov 2020

Kerala HC

The news is here and Notification is below.

Kerala HC regd Double side Printing

…and…

later news is here and the notification is below.

Kerala_HC_Notification_on_Use_of_A4_sheets

Madhya Pradesh HC

The news is here

 


Madras HC

The news is here.


Manipur HC

The Notification is below.

Manipur HC - use A4 size

Orissa HC

The news is here and here.

The said Order is below.

P.S. Chandralekha Vs High Court of Orissa on 17 Dec 2020

The High Court Notification is below.

2021-02-02 Orissa HC A4 Paper usage notification

Next HC

The news is here


Rajasthan HC

The news is here. Notice got issued to Registrar, HC

Akriti Agarwal Vs Registrar-General Rajasthan High Court in 18 Nov 2020

Tripura HC

The news is here and Order is below.

THC-6865-91

Telangana HC

The news is here and Circular is below.

2022-02-18 A4 Paper usage effective from 18-02-2022

Uttarakhand HC

The news is here.

The Notification of HC Rules 2020 below.

2020-12-31 Notification - HC of Uttarakhand Rules 2020 - A4 Paper Usage

MASTER SITEMAP here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Public Interest Litigation Summary Post Usage of A4 Paper Size in Court Proceedings | Leave a comment

State of AP Vs Muppa Venkateswara Rao on 23 March 2020

Posted on March 23, 2020 by ShadesOfKnife

Supreme Court did not even pass any detailed judgment on the SLP of State of AP, as it did not find any reason to do so. Faceplam.

State of AP Vs Muppa Venkateswara Rao on 23 March 2020

The AP High Court Judgment is available here.


To attack this judgment, AP Government took this step here.

 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Election Matter Misuse of Public Funds State of AP Vs Muppa Venkateswara Rao | Leave a comment

Comments made by various State actors on State Election Commissioner on March 15, 2020 (and later)

Posted on March 23, 2020 by ShadesOfKnife

Here is State Chief Minister using his mouth on SEC followed by his goons, errr, his cabinet ministers. Then some miscellaneous people(?)… LOL

Back to Main page here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged State of AP Vs AP State Election Commission | Leave a comment

Director of Settlements A.P. and Ors Vs M.R. Apparao and Anr on 20 March 2002

Posted on March 21, 2020 by ShadesOfKnife

Supreme Court held as follows,

An ’obiter dictum’ as distinguished from a ratio decidendi is an observation by Court on a legal question suggested in a case before it but not arising in such manner as to require a decision. Such an obiter may not have a binding precedent as the observation was unnecessary for the decision pronounced, but even though an obiter may not have a bind effect as a precedent, but it cannot be denied that it is of considerable weight. The law which will be binding under Article 141 would, therefore, extend to all observations of points raised and decided by the Court in a given case. So far as constitutional matters are concerned, it is a practice of the Court not to make any pronouncement on points not directly raised for its decision. The decision in a judgment of the Supreme Court cannot be assailed on the ground that certain aspects were not considered or the relevant provisions were not brought to the notice of the Court (see AIR 1970 SC 1002 and AIR 1973 SC 794). When Supreme Court decides a principle it would be the duty of the High Court or a subordinate Court to follow the decision of the Supreme Court. A judgment of the High Court which refuses to follow the decision and directions of the Supreme Court or seeks to revive a decision of the High Court which had been set aside by the Supreme Court is a nullity.

Director of Settlements A.P. and Ors Vs M.R. Apparao and Anr on 20 March 2002

Landmark Judgment of Kusum Ingots is here.


Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from main.sci.gov.in/judgments, judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Director of Settlements A.P. and Ors Vs M.R. Apparao and Anr Obiter Dicta | Leave a comment

The Commissioner of Income Tax Vs Messrs. Vazir Sultan and Sons on 20 March 1959

Posted on March 21, 2020 by ShadesOfKnife

Supreme Court held that,

It is no doubt true that this Court was not concerned with any agency agreement in the last mentioned case and the observations made by this Court there were by way of obiter dicta. The obiter dicta of this Court, however, are entitled to considerable weight and we on our part fully endorse the same.

The Commissioner of IT Vs Messrs. Vazir Sultan and Sons on 20 March 1959

Citations: [1959 ITR 36 175], [1959 AIR SC 814], [1959 SUPP SCR 2 375], [1959 SCR SUPL 2 375], [1959 ITR SC 36 175]

Other Source links: https://indiankanoon.org/doc/776903/ and https://www.casemine.com/judgement/in/5609ab0de4b014971140b832


Landmark Judgment of Kusum Ingots is here.


Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from main.sci.gov.in/judgments, judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Obiter Dicta The Commissioner of IT Vs Messrs. Vazir Sultan and Sons | Leave a comment

The Oriental Insurance Company Ltd Vs Meena Variyal and Ors on 2 April 2007

Posted on March 21, 2020 by ShadesOfKnife

Supreme Court held that,

An obiter dictum of this Court may be binding only on the High Courts in the absence of a direct pronouncement on that question elsewhere by this Court. But as far as this Court is concerned, though not binding, it does have clear persuasive authority.

The Oriental Insurance Company Ltd Vs Meena Variyal and Ors on 2 April 2007

Citations: [2007 KLT SUPP 3 18], [2007 SCR 4 641], [2007 JCC 2 1280], [2007 WBLR 3 264], [2007 TNMAC 2 9], [2007 SCJ 3 498], [2007 GLR 3 2356], [2007 SCC CR 2 527], [2007 ILR KER 3 569], [2007 AIR SC 0 2362], [2007 MPHT 3 1], [2007 COMPCAS 137 116], [2007 SCC 5 428], [2007 ALLLJ 3 596], [2007 ALLSCR 0 1697], [2007 MLJ 2 1230], [2007 ALD 3 99], [2007 SUPREME 3 136], [2007 AIR KAR R 3 437], [2007 ACC 4 335], [2007 AIOL 359], [2007 SCALE 5 269], [2007 TAC 2 417], [2007 SCC CRI 2 527], [2007 SLT 9 251], [2007 AIR SC 1609], [2007 ACJ 0 1284], [2007 JT 5 65], [2008 LW 1 838], [2007 ANWR 1 545]

Other Source links: https://indiankanoon.org/doc/1964308/ and https://www.casemine.com/judgement/in/5609ae62e4b0149711413b05


Landmark Judgment of Kusum Ingots is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Legal Procedure Explained - Interpretation of Statutes Obiter Dicta Reportable Judgement or Order The Oriental Insurance Company Ltd Vs Meena Variyal and Ors | Leave a comment

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  • Errors when uploading Custom Certificates June 26, 2026
    Jun 26, 15:00 UTC Resolved - This incident has been resolved. Jun 26, 12:33 UTC Investigating - Cloudflare is investigating 500/2000 errors when customers attempt to upload a new custom certificate. Custom certificates already in production remain unaffected and are operating normally.
    Cloudflare

RSS List of Spam Server IPs from Project Honeypot

  • 171.25.158.95 | SD June 26, 2026
    Event: Bad Event | Total: 226 | First: 2026-05-03 | Last: 2026-06-26
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