Y.Abraham Ajith & Ors Vs Inspector Of Police, Chennai & Anr on 17 August, 2004

Posted on April 7, 2018 by ShadesOfKnife

Here is the Judgment that emphasizes on Jurisdiction applicable to a case.

Operative Text of Judgement:

“It is settled law that cause of action consists of bundle of facts, which give cause to enforce the legal inquiry for redress in a court of law. In other words, it is a bundle of facts, which taken with the law applicable to them, gives the allegedly affected party a right to claim relief against the opponent. It must include some act done by the latter since in the absence of such an act no cause of action would possibly accrue or would arise.”

Y. Abraham Ajith sc-chennai-jurisdiction

Rajinder Singh Vs State of Punjab on 26 February 2015

Posted on April 4, 2018 by ShadesOfKnife

Here is the Landmark Supreme Court judgment giving our clear definition of Dowry as ascribed in Dowry Prohibition Act. Read paras 7 and 8 which are the operative parts.

8. A perusal of this Section shows that this definition can be broken into six distinct parts.
1) Dowry must first consist of any property or valuable security – the word “any” is a word of width and would, therefore, include within it property and valuable security of any kind whatsoever.
2) Such property or security can be given or even agreed to be given. The actual giving of such property or security is, therefore, not necessary.
3) Such property or security can be given or agreed to be given either directly or indirectly.
4) Such giving or agreeing to give can again be not only by one party to a marriage to the other but also by the parents of either party or by any other person to either party to the marriage or to any other person. It will be noticed that this clause again widens the reach of the Act insofar as those guilty of committing the offence of giving or receiving dowry is concerned.
5) Such giving or agreeing to give can be at any time. It can be at, before, or at any time after the marriage. Thus, it can be many years after a marriage is solemnized.
6) Such giving or receiving must be in connection with the marriage of the parties. Obviously, the expression “in connection with” would in the context of the social evil sought to be tackled by the Dowry Prohibition Act mean “in relation with” or “relating to”.

Rajinder Singh - Money to build a joint house

Citations: [2015 SCJ 2 686], [2016 NCC 1 626], [2015 ALLCC 89 352], [2015 SCR 2 835], [2015 AIC 148 33], [2015 SCC 6 477], [2015 AIR SC 1359], [2015 AD SC 3 553], [2015 CRIMES SC 2 90], [2015 SCC ONLINE SC 171], [2015 ALD CRL SC 2 32], [2015 JCC 2 1293], [2015 ACR SC 2 1301], [2015 CCR SC 1 477], [2015 CRILJ 1934], [2015 RCR CRIMINAL 2 129], [2015 UC 1 744], [2015 RLW SC 3 2359]

Indiankanoon.org or Casemine link: https://indiankanoon.org/doc/38957892/ or https://www.casemine.com/judgement/in/5790b23ee561097e45a4e216

State of Haryana Vs Ch Bhajan Lal on 21 Nov 1990

Posted on April 4, 2018 by ShadesOfKnife

Here is the Landmark Supreme Court Judgement that can be cited and relied on in Discharge or Quash petitions under Article 226 of Constitution of India or Sections 154, 155, 156, 157, 159 of Cr.P.C or Section 482 – Exercise of Inherent powers of courts.

Indicative categories:

No Prima Facie Case: Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused.

Absence of Cognizable Offence: Where the allegations in the first information report and other materials, if any, accompanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers Under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code.

Commission of Crime not disclosed: Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused.

Investigation begun without the order of Magistrate in Non-cognizable offence: Where, the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated Under Section 155(2) of the Code.

Lack of Evidence: Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused.

Legally Barred: Where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party.

Vexatious Proceeding: Where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the Accused and with a view to spite him due to private and personal grudge.

State Of Haryana Vs Ch Bhajan Lal on 21 November, 1990

Other Sources : https://indiankanoon.org/doc/1033637/ or https://www.casemine.com/judgement/in/5609ac4ee4b014971140e92a

Citations: [1990 SCALE 2 1066], [1992 AIR SC 604], [1992 SCC CRI 1 426], [1990 SCR SUPP 3 259], [1992 CRLJ SC 527], [1992 SUPP SCC 1 335], [1990 JT SC 4 650]

Index of landmark quash judgements is here.

Shades of Knife

True Colors of a Vile Wife

Category: Supreme Court of India Judgment or Order or Notification

Y.Abraham Ajith & Ors Vs Inspector Of Police, Chennai & Anr on 17 August, 2004

Rajinder Singh Vs State of Punjab on 26 February 2015

State of Haryana Vs Ch Bhajan Lal on 21 Nov 1990