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Category: Supreme Court of India Judgment or Order or Notification

Lalita Toppo Vs State of Jharkhand and Anr on 30 October, 2018

Posted on May 24, 2019 by ShadesOfKnife

This is another judgment from Supreme Court of India, where in it was held that Women In Live-In Relationships Entitled To Maintenance under PWDV Act.

3. In fact, under the provisions of the DVC Act, 2005 the victim i.e. estranged wife or live-in-partner would be entitled to more relief than what is contemplated under Section 125 of the Code of Criminal Procedure, 1973, namely, to a shared household also.

Lalita Toppo Vs State of Jharkhand and Anr on 30 October, 2018

Citations: [2018 SCC ONLINE SC 2301], [2019 SCC 13 796], [2019 SCC CRI 4 701], [2018 AIR SC SUPP 2583]

Other Source links:

https://indiankanoon.org/doc/6354756/

https://www.casemine.com/judgement/in/5d848cea714d58266e07f49e


The index page is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 3-Judge (Full) Bench Decision Lalita Toppo Vs State of Jharkhand and Anr Landmark Case Overrules Savitaben Overruling Judgment PWDV Act - Women In Live-In Relationships Entitled To Maintenance

Sangita Saha Vs Abhijit Saha and Ors on 28 January, 2019

Posted on April 21, 2019 by ShadesOfKnife

Apex Court has upheld the Kolkata High Court judgment wherein it has affirmed that, when there is no DV, no reliefs flow from the case.

“The respondent filed a revision before the High Court, which was allowed. The High Court set aside the order passed by the learned District Judge in the appeal by observing that the petitioner was unable to establish any incident of torture or demand of money or physical violence. In that view of the matter, the High Court was of the opinion that the petitioner was not entitled to any order in her favour. It is pertinent to state that the High Court held that the petitioner was entitled to claim residence in the shared household. But that entitlement is only in case she establishes domestic violence, which she did not.”

Sangita Saha Vs Abhijit Saha and Ors on 28 January, 2019

Citations: [2019 SCC ONLINE SC 559], [2020 (3) SCC (Cri) 573]

Other Sources:

https://indiankanoon.org/doc/199772841/

https://www.casemine.com/judgement/in/5d848ce9714d58266e07f0be


The High Court of Kolkata judgment is here.

Key Paras:

Regarding residence orders passed by learned Additional District and Sessions Judge in the impugned judgment this Court is of the view that before passing of such order satisfaction of the concerned Court is necessary that domestic violence has been caused. In the instant case the plea of domestic violence is under consideration only on the basis of sole, solitary uncorroborated oral testimony of the aggrieved wife (opposite party herein). In the eye of law plea is not proof. Allegations of domestic violence are grave in nature and have serious impact if really proved.

Unless it is satisfactorily established that domestic violence has taken place neither any protection order under Section 18 nor any residence order under Section 19 nor any order for monetary relief under Section 20 nor any compensation order under Section 22 of the Protection of Women from Domestic Violence Act, 2005 should be passed.
In my view, learned Additional District and Sessions Judge has failed to appreciate the facts that the aggrieved party wife failed to establish any incident of torture on her or any incident of demand of money and assault upon her and her father by present petitioners and said learned Judge has overlooked the factum of withholding the father and personal attendant of the opposite party from the witness box.

 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged No Evidence for Domestic Violence No Reliefs PWDV Act Sec 23 - Inquire Prima Facie DV Before Granting Interim Maintenance Sangita Saha Vs Abhijit Saha and Ors | Leave a comment

Perumal Vs Janaki on 20 January, 2014

Posted on April 21, 2019 by ShadesOfKnife

Another landmark judgment from Justice Jasti Chalameswar on the Supervisory Authority of High Courts on Lower Courts in a state and how and why it should have been invoked in this case gainfully. If not under 193 IPC, invocation of 211 IPC was very much desirable in this case.

Another observation is that one can file Perjury under section 340 CrPC even after getting acquittal.

Perumal Vs Janaki on 20 January, 2014

Citations : [2015 NCC 1 678], [2014 SCC 5 377], [2014 SCC CRI 2 591], [2014 SCC ONLINE SC 46], [2014 CTC 1 664], [2014 AIC 135 224], [2014 AIOL 32], [2014 AIR SC 993], [2014 BOMCR CRI SC 2 70], [2014 CRLJ SC 1454], [2014 JT 2 180], [2014 SCALE 1 406], [2014 SLT 1 680], [2014 KLJ 1 688], [2014 AICLR 1 828], [2014 MLJ CRI 1 505], [2014 RAJ 1 30], [2014 SCJ 3 152], [2014 LW CRL 1 793], [2014 KCCR SN 3 166], [2014 AIR SCW 993], [2014 RCR CRIMINAL SC 1 851], [2014 CUT LT 118 22]

Other Sources :

https://indiankanoon.org/doc/25369927/

https://www.casemine.com/judgement/in/5609af43e4b0149711415fb6

 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision CrPC 340 - Perjury even after getting acquittal CrPC 340 read with CrPC 195 IPC 193 - Punishment for false evidence IPC 211 - False charge of offence made with intent to injure Landmark Case Legal Procedure Explained - Interpretation of Statutes Perjury Under Section 340 CrPC Perumal Vs Janaki Reportable Judgement or Order Work-In-Progress Article | Leave a comment

Restatement of Values of Judicial Life (Ethics for Judiciary) and In-House Procedure

Posted on April 21, 2019 by ShadesOfKnife

Here is the list of ethics for High Judiciary (this is what judges of High Court and Supreme Court call themselves)

Restatement of Values of Judicial Life

And the revised In-House Procedure, for taking suitable remedial action against judges who, by their acts of omission or commission, do not follow universally accepted values of Judicial Life including those included in the Restatement of Values of Judicial Life.

In-house Procedure 2014-12-31
Posted in Supreme Court of India Judgment or Order or Notification | Tagged Judiciary Antics | Leave a comment

Kishore Samrite Vs State of U.P. and Ors on 18 October, 2012

Posted on April 15, 2019 by ShadesOfKnife

In this judgment, Hon’ble Supreme Court has saddled the person with heavy exemplary costs, who lied through the teeth in the writ petition. Actually, Costs of Rs.50,00,000/- was brought down to Rs.5,00,000/-

From Para 4,

Writ Petition No.111 of 2011, even if not complete in its form, was maintainable and the same could not have been dismissed by the Court as the prayer by the appellant in that writ petition for habeas corpus was maintainable in view of the right to life and liberty of the petitioners stated therein, as enshrined in Article 21 of the Constitution of India, was violated. The petition had been filed by the appellant as next friend and had not seen the alleged detenues since 4th January, 2007 when they were last seen in Amethi. According to the appellant the representations made to various authorities had failed to yield any results. Thus, that petition was not liable to be dismissed.

Abuse of the process of Court :Unclean Hands

This Court has had many occasions where it dealt with the cases of this kind and it has clearly stated the principles that would govern the obligations of a litigant while approaching the court for redressal of any grievance and the consequences of abuse of the process of court. We may recapitulate and state some of the principles. It is difficult to state such principles exhaustively and with such accuracy that would uniformly apply to a variety of cases. These are:
(i) Courts have, over the centuries, frowned upon litigants who, with intent to deceive and mislead the Courts, initiated proceedings without full  disclosure of facts and came to the courts with ‘unclean hands’. Courts have held that such litigants are neither entitled to be heard on the merits of the case nor entitled to any any relief.
(ii) The people, who approach the Court for relief on an ex parte statement, are under a contract with the court that they would state the whole case fully and fairly to the court and where the litigant has broken such faith, the discretion of the court cannot be exercised in favour of such a litigant.
(iii) The obligation to approach the Court with clean hands is an absolute obligation and has repeatedly been reiterated by this Court.
(iv) Quests for personal gains have become so intense that those involved in litigation do not hesitate to take shelter of falsehood and misrepresent and suppress facts in the court proceedings. Materialism, opportunism and malicious intent have over-shadowed the old ethos of litigative values for small gains.
(v) A litigant who attempts to pollute the stream of justice or who touches the pure fountain of justice with tainted hands is not entitled to any relief, interim or final.
(vi) The Court must ensure that its process is not abused and in order to prevent abuse of the process the court, it would be justified even in insisting on furnishing of security and in cases of serious abuse, the Court would be duty bound to impose heavy costs.
(vii) Wherever a public interest is invoked, the Court must examine the petition carefully to ensure that there is genuine public interest involved. The stream of justice should not be allowed to be polluted by unscrupulous litigants.
(vii) The Court, especially the Supreme Court, has to maintain strictest vigilance over the abuse of the process of court and ordinarily meddlesome bystanders should not be granted “visa”. Many societal pollutants create new problems of unredressed grievances and the Court should endure to
take cases where the justice of the lis well-justifies it.

Kishore Samrite Vs State of U.P. and Ors on 18 October, 2012

Citations: [(2013) 2 SCC 398], [AIR 2012 SC (Supp) 699], [MANU/SC/0892/2012], [JT (2012) 10 SC 393]

Indiankanoon.org or Casemine link: https://indiankanoon.org/doc/172073149/ or https://www.casemine.com/judgement/in/5609af1be4b0149711415a1b


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 Kishore Samrite Vs State of U.P. and Ors Landmark Case Perjury - Approached Court with Unclean Hands Reportable Judgement or Order | Leave a comment

Rupali Devi Vs State of UP and Ors on 09 April, 2019

Posted on April 9, 2019 by ShadesOfKnife

A clear attempt to link circumstances to a pre-judged conclusion by Hon’ble CJ of India himself. At best, this is just an attempt to let go off one of the many grounds husband’s can take in their Discharge and Quash petitions, going against such landmark precedents.

If this assumption is allowed to continue, ablanaris will claim, her hubby dear comes in her dreams and molests, threatens, harasses, violates her & thereby it is a continuing offence as per Black&White Dictionary and attracts 179 CrPC squarely, and consequently your’s truly will wag their tails (heads may be) to it too.

One Gem from this Judgment:

Even the silence of the wife may have an underlying element of an emotional distress and mental agony.

Alright. Little bit of difficulty in travel involved. We will use 20 other grounds, Mr. CJI. We also have clubbing of cases judgment and many more judgments on our side.

Frankly speaking, one has to see the caveat laid by Supreme Court in this judgment. Only when the Prosecution can establish that there was threat to the life and/or limb of the knife due to which the false case if institute out side the Jurisdiction, where the alleged offence has happened as mentioned in the Complaint, this judgment can be gainfully invoked.

The Key element is this “compelled the wife to leave the matrimonial home and take shelter with her parents“. As long as the Prosecution documents do not prima facie exhibit the above criteria, the ground of Territorial Jurisdiction is still a valid ground to see Discharge or Quash from a false case.

Go here.

Rupali Devi Vs State of UP and Ors on 09 April, 2019

My Note:

This is a bad judgment because, we all know the complainant may invoke Zero FIR at her place of residence/parental/shelter home which may be transferred to the location where there is actual territorial jurisdiction to the alleged offence. Or the parents or relative or any good Samaritan can file a report under sec 154(1) to a nearby police station, and again that PS has to register a Zero FIR. Moreover, the complaint’s case is fought by the State via Public Prosecutor and the Chief examination is done via affidavit these days and even that may be one of the instances when the complaint has to appear before Court. Due to technological advances which are expedited by COVID-19 pandemic, even the oath taken at such instance can be made via Video conference. Even the Cross can be conducted via Video conference.

Then what was the need to muddle the sacred principle of territorial jurisdiction enshrined under CHAPTER XIII provisions of Cr.P.C.?


Citations: [2019 SCC 5 384], [2019 SCC ONLINE SC 493], [2019 AIR SC 1790], [2019 KLJ 2 601]

Other Source links:

https://indiankanoon.org/doc/78252061/

https://www.legitquest.com/case/rupali-devi-v-state-of-uttar-pradesh/11C400

Woman driven out of matrimonial home can file case under Section 498-A from the place she has taken shelter at [Full Report]

https://www.casemine.com/judgement/in/5cb00bc54a9326247ab05a22

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Baseless or Convoluted Judgment CrPC 177 - Ordinary Place of Inquiry and Trial CrPC 178 - Place of Inquiry or Trial CrPC 179 - Offence Triable Where Act is Done or Consequence Ensues CrPC 472 - Continuing offence IPC 498A - No Limit Territorial Jurisdiction Judiciary Antics Landmark Case Legal Procedure Explained - Interpretation of Statutes Misinterpretation of Earlier Judgment or Settle Principle of Law or Per Incuriam Reportable Judgement or Order Rupali Devi Vs State of UP and Ors Statement of Objects and Reasons | Leave a comment

Manmohan Attavar Vs Neelam Manmohan Attavar on 14 July, 2017

Posted on April 5, 2019 by ShadesOfKnife

Without residing in a shared household, the cunning ‘knife’ tried to grab Residence order. But Hon’ble Supreme Court caught hold of the fraud attempts and nullified them.

From Paras 17 and 18,

17. The facts of the present case are that the respondent has never stayed with the appellant in the premises in which she has been directed to be inducted. This is an admitted position even in answer to a court query by the respondent during the course of hearing. The “domestic relationship” as defined under Section 2(f) of the DV Act refers to two persons who have lived together in a “shared household”. A “shared household” has been defined under Section 2(s) of the DV Act. In order for the respondent to succeed, it was necessary that the two parties had lived in a domestic relationship in the household. However, the parties have never lived together in the property in question. It is not as if the respondent has been subsequently excluded from the enjoyment of the property or thrown out by the appellant in an alleged relationship which goes back 20 years. They fell apart even as per the respondent more than 7 years ago. We may also note that till 22-2-2010 even the wife of the appellant was alive. We may note for the purpose of record that as per the appellant, he is a Christian and thus there could be no question of visiting any temple and marrying the respondent by applying “kum kum”, and that too when the wife of the appellant was alive.

18. We are thus unequivocally of the view that the nature of the ex parte order passed on 19-9-2016 permitting the respondent to occupy the premises of the appellant cannot be sustained and has to be set aside and consequently Civil Appeal No. 2500 of 2017 is liable to be allowed.

Manmohan Attavar Vs Neelam Manmohan Attavar on 14 July, 2017

Citation: [(2017) 8 SCC 550]

Indiankanoon.org link: https://indiankanoon.org/doc/30306259/


The index page is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Manmohan Attavar Vs Neelam Manmohan Attavar No Shared Household PWDV Act Sec 19 - Residential Order (Rent) Denied | Leave a comment

S.R. Batra and Anr Vs Taruna Batra on 15 December, 2006

Posted on April 4, 2019 by ShadesOfKnife

Landmark judgment from Apex Court setting record straight regarding the Shared Household. This is overruled in SC Ahuja case law here.

S.R. Batra and Anr Vs Taruna Batra on 15 December, 2006

Indiankanoon.org Link: https://indiankanoon.org/doc/594165/

Citations: (2007) 3 SCC 169, 2007(2)ALD66(SC); 2007(1)AWC664(SC); 2007(3)CTC219; 136(2007)DLT1(SC); I(2007)DMC1SC; (2007)146PLR425; RLW2007(2)SC1546; 2006(13)SCALE652; 2007(1)LC0007(SC); 2007AIRSCW1088; AIR2007SC1118; (2007)2SCC(Cri)56; 2007(2)CivilLJ215(SC); 2007LawHerald(SC)92


The index page is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Landmark Case Legal Procedure Explained - Interpretation of Statutes No Shared Household Overruled Judgment PWDV Act - Dismissed On Merits S.R. Batra and Anr Vs Taruna Batra Satish Chander Ahuja Vs Sneha Ahuja | Leave a comment

Prakash and Ors Vs Phulvati and Ors on 16 October, 2015

Posted on March 30, 2019 by ShadesOfKnife

This is reportable judgment from Justice Adarsh Kumar Goel, regarding applicability of Amendment Act of Hindu Succession Act to the woman claiming share in the family property.

Prakash and Ors Vs Phulvati and Ors 16 October, 2015
Posted in Supreme Court of India Judgment or Order or Notification | Tagged Hindu Succession Act - Not Retrospectively Valid Prakash and Ors Vs Phulvati and Ors | Leave a comment

Ramrameshwari Devi and Ors Vs Nirmala Devi and Ors on 4 July, 2011

Posted on March 24, 2019 by ShadesOfKnife

Justice Dalveer Bhandari at Supreme Court, held that,

From Para 4,

This is a classic example which abundantly depicts the picture of how the civil litigation moves in our courts and how unscrupulous litigants (appellants in this case) can till eternity harass the respondents and their children by abusing the judicial system.

From Para 14,

According to Dr. Arun Mohan, twenty minutes spent at that time would have saved several years in court proceedings.

From Para 21,

The learned Single Judge observed that the present appellants belong to that category of litigants whose only motive is to create obstacles during the course of trial and not to let the trial conclude. Applications after applications are being filed by the appellants at every stage, even though orders of the trial court are based on sound reasoning. Moreover, the appellants have tried to mislead the court also by filing wrong synopsis and incorrect dates of events.

From Para 22,

Those litigants or their advocates who mislead the courts by filing wrong and incorrect particulars (the list of dates and events) must be dealt with heavy hands.

From Para 26,

It may be pertinent to mention that the appellants also moved transfer application apprehending adverse order from the trial judge, which was also dismissed by the learned District Judge. This conduct of the appellants demonstratesthat they are determined not to allow the trial court to proceed with the suit. They are creating all kinds of hurdles andobstacles at every stage of the proceedings.

From Para 30,

It is abundantly clear from the facts and circumstances of this case that the appellants have seriously created obstacles at every stage during the course of trial and virtually prevented the court from proceeding with the suit. This is a typical example of how an ordinary suit moves in our courts. Some cantankerous and unscrupulous litigants on one ground or the other do not permit the courts to proceed further in the matter.

From Para 34,

According to Dr. Mohan, in our legal system, uncalled for litigation gets encouragement because our courts do notimpose realistic costs. The parties raise unwarranted claims and defences and also adopt obstructionist and delaying tactics because the courts do not impose actual or realistic costs. Ordinarily, the successful party usually remains uncompensated in our courts and that operates as the main motivating factor for unscrupulous litigants. Unless the courts, by appropriate orders or directions remove the cause for motivation or the incentives, uncalled for litigation will continue to accrue, and there will be expansion and obstruction of the litigation. Court time and resources will be consumed and justice will be both delayed and denied.

From Para 44,

In the instant case when the entire question of title has been determined by the High Court and the Special Leave Petition against that judgment has been dismissed by this court, thereafter the trial court ought not to have framed such an issue on a point which has been finally determined upto this Court. In any case, the same was exclusively barred by the principles of res judicata. That clearly demonstrates total non-application of mind.

From Para 48,

48. It is also a matter of common experience that once an ad interim injunction is granted, the plaintiff or the petitioner would make all efforts to ensure that injunction continues indefinitely. The other appropriate order can be to limit the life of the ex-parte injunction or stay order for a week or so because in such cases the usual tendency of unnecessarily prolonging the matters by the plaintiffs or the petitioners after obtaining ex-parte injunction orders or stay orders may not find encouragement. We have to dispel the common impression that a party by obtaining an injunction based on even false averments and forged documents will tire out the true owner and ultimately the true owner will have to give up to the wrongdoer his legitimate profit. It is also a matter of common experience that to achieve clandestine objects, false pleas are often taken and forged documents are filed indiscriminately in our courts because they have hardly any apprehension of being prosecuted for perjury by the courts or even pay heavy costs. In Swaran Singh v. State of Punjab (2000) 5 SCC 668 this court was constrained to observe that perjury has become a way of life in our courts.

From Para 56,

These appeals are consequently dismissed with costs, which we quantify as Rs.2,00,000/- (Rupees Two Lakhs only). We are imposing the costs not out of anguish but by following the fundamental principle that wrongdoers should not get benefit out of frivolous litigation.

Ramrameshwari Devi and Ors Vs Nirmala Devi and Ors on 4 July, 2011
Posted in Supreme Court of India Judgment or Order or Notification | Tagged Landmark Case Legal Procedure Explained - Interpretation of Statutes Perjury - Costs Levied or Imprisonment For Perjury Ramrameshwari Devi and Ors Vs Nirmala Devi and Ors Reportable Judgement or Order Sandeep Pamarati | Leave a comment

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