web analytics

Menu

Skip to content
Shades of Knife
  • Home
  • True Colors of a Vile Wife
  • Need Inspiration?
  • Blog Updates
  • SOK Gallery
  • Vile News Reporter
  • About Me
  • Contact Me

Shades of Knife

True Colors of a Vile Wife

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

Shades of Knife


Disclaimer:

Curated, Reproduced from main.sci.gov.in, judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in or any other Government websites such as Gazettes and repositories of Government Orders and Commented in accordance with Section 52(1)(q) of the Copyright Act 1957 (India) and any other applicable public disclosure laws/provisions in India and in various other countries.

I neither have control to remove copies of this document(s) that may be available on websites of High Courts or Supreme Court of India or any of the many other sites, law journal or reporters which carry the same judgment in entire form, nor I can remove references/links to this document(s) from the results of Search Engines such as Google.com.

Read more gyan here.

Though, I can remove content from my site, on request for any parties to a case, even though, I am not legally obligated to do so, except for express bar from a Competent Court.

Om Shanthi !!!


Oh, by the way, my competent Legal team delivers time-bound legal reliefs to victims of false family and matrimonial cases at

AnaghaLegalReliefs.in !!! (work-in-progress)

We are on social media too.
Just google for: Anagha Legal Reliefs

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

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <s> <strike> <strong>

Search within entire Content of “Shades of Knife”

My Legal Twitter Timeline

Tweets by @SandeepPamarati

My MRA Twitter Timeline

Tweets by @Shadesofknife

Recent Posts

  • Kulvinder Singh Gehlot Vs Parmila on 22 Aug 2023 September 24, 2023
  • Judgments on Transfer Petitions September 23, 2023
  • Implementation of A4 paper usage in District Courts in Andhra Pradesh September 22, 2023
  • Showkat Aziz Zargar Vs Nabeel Showkat and Anr on 02 Sep 2022 September 18, 2023
  • Sumeet Vs Himani Sumeet Ninave Nee on 29 Mar 2023 September 15, 2023

Most Read Posts

  • In Re Policy Strategy for Grant of Bail (Guidelines Issued) on 31 Jan 2023 (3,024 views)
  • Sindhu Janak Nagargoje Vs The State of Maharashtra and Ors on 08 Aug 2023 (2,062 views)
  • Rakesh Raman Vs Kavita on 26 Apr 2023 (1,621 views)
  • Shilpa Sailesh Vs Varun Sreenivasan on 01 May 2023 (1,589 views)
  • Sana Nitish Kumar Reddy Vs State of Telangana on 26 April 2023 (1,452 views)
  • Captain Manjit Singh Virdi (Retd.) Vs Hussain Mohammed Shattaf and Ors on 18 May 2023 (1,282 views)
  • Rajan and Anr Vs The State of Madhya Pradesh and Anr on 17 Aug 2023 (1,174 views)
  • Dhananjay Mohan Zombade Vs Prachi Dhananjay Zombade on 18 Jul 2023 (1,153 views)
  • Swapan Kumar Das Vs State of West Bengal on 21 Aug 2023 (1,104 views)
  • Kantharaju Vs State of Karnataka on 17 Jul 2023 (903 views)

Tags

Reportable Judgement or Order (352)Legal Procedure Explained - Interpretation of Statutes (344)Landmark Case (330)2-Judge (Division) Bench Decision (285)Catena of Landmark Judgments Referred/Cited to (229)Work-In-Progress Article (217)1-Judge Bench Decision (187)Sandeep Pamarati (91)3-Judge (Full) Bench Decision (86)Article 21 - Protection of life and personal liberty (75)Issued or Recommended Guidelines or Directions or Protocols to be followed (56)Perjury Under 340 CrPC (53)Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations (52)Reprimands or Setbacks to YCP Govt of Andhra Pradesh (49)Summary Post (44)Not Authentic copy hence to be replaced (38)CrPC 482 - Quash (38)Advocate Antics (35)HM Act 13 - Divorce Granted to Husband (34)Rules of the Act/Ordinance/Notification/Circular (33)

Categories

Supreme Court of India Judgment or Order or Notification (656)Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments (300)High Court of Andhra Pradesh Judgment or Order or Notification (161)High Court of Delhi Judgment or Order or Notification (113)High Court of Bombay Judgment or Order or Notification (94)High Court of Karnataka Judgment or Order or Notification (73)High Court of Madras Judgment or Order or Notification (58)General Study Material (55)Assorted Court Judgments or Orders or Notifications (49)Prakasam DV Cases (46)High Court of Punjab & Haryana Judgment or Order or Notification (46)LLB Study Material (45)High Court of Allahabad Judgment or Order or Notification (43)District or Sessions or Magistrate Court Judgment or Order or Notification (42)Judicial Activism (for Public Benefit) (42)High Court of Kerala Judgment or Order or Notification (31)High Court of Madhya Pradesh Judgment or Order or Notification (28)High Court of Gujarat Judgment or Order or Notification (26)High Court of Calcutta Judgment or Order or Notification (20)High Court of Patna Judgment or Order or Notification (17)

Recent Comments

  • ShadesOfKnife on All Reliefs from Judiciary
  • Anuj Rathi on All Reliefs from Judiciary
  • ShadesOfKnife on Ratandeep Singh Ahuja Vs Harpreet Kaur on 11 Oct 2022
  • HARPREET KAUR on Ratandeep Singh Ahuja Vs Harpreet Kaur on 11 Oct 2022
  • ShadesOfKnife on All Reliefs from Judiciary

Archives of SoK

  • September 2023 (12)
  • August 2023 (15)
  • July 2023 (17)
  • June 2023 (11)
  • May 2023 (6)
  • April 2023 (5)
  • March 2023 (10)
  • February 2023 (9)
  • January 2023 (12)
  • December 2022 (12)
  • November 2022 (8)
  • October 2022 (13)
  • September 2022 (17)
  • August 2022 (10)
  • July 2022 (21)
  • June 2022 (27)
  • May 2022 (23)
  • April 2022 (32)
  • March 2022 (17)
  • February 2022 (6)
  • January 2022 (2)
  • December 2021 (7)
  • November 2021 (7)
  • October 2021 (6)
  • September 2021 (10)
  • August 2021 (31)
  • July 2021 (45)
  • June 2021 (17)
  • May 2021 (17)
  • April 2021 (18)
  • March 2021 (58)
  • February 2021 (14)
  • January 2021 (50)
  • December 2020 (35)
  • November 2020 (68)
  • October 2020 (67)
  • September 2020 (28)
  • August 2020 (41)
  • July 2020 (20)
  • June 2020 (36)
  • May 2020 (40)
  • April 2020 (38)
  • March 2020 (26)
  • February 2020 (43)
  • January 2020 (35)
  • December 2019 (34)
  • November 2019 (4)
  • October 2019 (18)
  • September 2019 (58)
  • August 2019 (33)
  • July 2019 (12)
  • June 2019 (19)
  • May 2019 (5)
  • April 2019 (19)
  • March 2019 (58)
  • February 2019 (11)
  • January 2019 (90)
  • December 2018 (97)
  • November 2018 (43)
  • October 2018 (31)
  • September 2018 (73)
  • August 2018 (47)
  • July 2018 (143)
  • June 2018 (92)
  • May 2018 (100)
  • April 2018 (59)
  • March 2018 (8)

Blogroll

  • Daaman Promoting Harmony 0
  • Fight against Legal Terrorism Fight against Legal Terrorism along with MyNation Foundation 0
  • Good Morning Good Morning News 0
  • Insaaf India Insaaf Awareness Movement 0
  • MyNation Hope Foundation Wiki 0
  • MyNation.net Equality, Justice and Harmony 0
  • Sarvepalli Legal 0
  • Save Indian Family Save Indian Family Movement 0
  • SIF Chandigarh SIF Chandigarh 0
  • The Male Factor The Male Factor 0
  • Vaastav Foundation The Social Reality 0
  • Voice4india Indian Laws, Non-profits, Environment 0
  • Writing Law Writing Law by Ankur 0

RSS Cloudflare Status

  • MIA (Miami) on 2023-10-10 October 10, 2023
    THIS IS A SCHEDULED EVENT Oct 10, 03:30 - 10:00 UTCSep 12, 05:40 UTCScheduled - We will be performing scheduled maintenance in MIA (Miami) datacenter on 2023-10-10 between 03:30 and 10:00 UTC. Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window for […]
  • ORD (Chicago) on 2023-10-05 October 5, 2023
    THIS IS A SCHEDULED EVENT Oct 5, 03:00 - 10:00 UTCSep 26, 15:00 UTCScheduled - We will be performing scheduled maintenance in ORD (Chicago) datacenter on 2023-10-05 between 03:00 and 10:00 UTC.Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window for end-users […]
  • AKL (Auckland) on 2023-10-03 October 3, 2023
    THIS IS A SCHEDULED EVENT Oct 3, 12:00 - 20:00 UTCSep 26, 02:40 UTCScheduled - We will be performing scheduled maintenance in AKL (Auckland) datacenter on 2023-10-03 between 12:00 and 20:00 UTC.Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window for end-users […]

RSS List of Spam Server IPs from Project Honeypot

  • 195.58.51.97 | SD September 26, 2023
    Event: Bad Event | Total: 100 | First: 2023-09-25 | Last: 2023-09-26
  • 45.116.226.93 | SD September 26, 2023
    Event: Bad Event | Total: 3,401 | First: 2017-12-04 | Last: 2023-09-26
  • 45.116.226.92 | SD September 26, 2023
    Event: Bad Event | Total: 3,652 | First: 2017-12-04 | Last: 2023-09-26
Proudly powered by WordPress
Theme: Flint by Star Verte LLC

Bad Behavior has blocked 1191 access attempts in the last 7 days.

pixel