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Tag: 1-Judge Bench Decision

Sajith N.K. Vs Jishabai Puthukudi and Anr on 03 Aug 2023

Posted on January 16, 2024 by ShadesOfKnife

A single bench of Kerala High Court held that, perjury application cannot be filed u/s 200 Cr.P.C. but has to be initiated u/s 340(1) Cr.P.C.

From Para 7,

7. Here is a case where the respondent No.1 instead of approaching the court concerned (Family Court) where false evidence was given, straightaway approached the Magistrate Court with a private complaint under Section 200 of Cr.P.C. It is impermissible. A party who is aggrieved by the inaction on the part of the court, where offences enumerated in Clause (b) of Sub Section (1) of Section 195 Cr.P.C. was committed, in initiating action under Section 340 of Cr.P.C., can only move to such court with an application under Section 340(1). He cannot directly move the jurisdictional Magistrate Court with a private complaint under Section 200 of Cr.P.C. [See K.A.Kuttiah v. The Federal Bank Ltd. and Others (2006 KHC 715) and Shaji Thomas v. State of Kerala and Another (2014 KHC 2532)]. Hence, the court below was not justified in taking cognizance of the offences under Sections 196, 199, 200 and 209 of IPC based on Annexure 1 complaint. Thus, Annexure 2 order is not legally sustainable, and it is accordingly set aside. However, the respondent No.1 will be at liberty to file an application under Section 340(1) of Cr.P.C at the Family Court. If such an application is filed, the Family Court shall dispose of the same in accordance with law.

Sajith N.K. Vs Jishabai Puthukudi and Anr on 03 Aug 2023

Citations:

Other Sources:


Index of Perjury judgments is here.

Posted in High Court of Kerala Judgment or Order or Notification | Tagged 1-Judge Bench Decision CrPC 340 read with CrPC 195 Perjury - Cannot be initiated u/s 200 CrPC as a Private complaint Perjury Under 340 CrPC Sajith N.K. Vs Jishabai Puthukudi and Anr | Leave a comment

Harish Chander @ Suraj Bhatt Vs State NCT of Delhi on 06 Dec 2023

Posted on December 26, 2023 by ShadesOfKnife

A single bench judge of Delhi High Court held as follows while disposing a Regular Bail petition,

From Paras 8 to 13,

8. In the present case, this Court is of the opinion that a perusal of the statement of the victim, under Section 164 of Cr.P.C., reveals that the accused herein had introduced himself, to the complainant/mother and the victim, as a munshi of a Judge of the High Court of Delhi; and that he could get their work done i.e. get them compensation by asking the Judge with whom he was attached. Thereafter, he had insisted on procuring the nude videos of the victim, on the pretext of showing them to the Judge Sahab. victim in her statement recorded under Section 164 of Cr.P.C. The victim had also disclosed that the applicant had made her talk to ‘Judge Sahab’ on a conference call after which the applicant had asked the victim to prepare two nude videos of 15 minutes each and had also told her how to prepare such videos. Later on, he had started blackmailing the complainant and had demanded Rs. 25,000/-, for deleting the videos. He had also threatened them, that in case he will not be paid money, he will post the said videos on social media, and send these to High Court and Supreme Court. He had kept on continuously sending the videos and photographs to the family members of the victim, and had also threatened them with dire consequences.
9. A perusal of the FSL report reveals that though the mobile phone which was used for the commission of offence had been formatted, the phone had been sent for cyber forensic analysis and the Cyber Forensic Division of Forensic Science Laboratory, Delhi has given a finding that obscene images and video files were retrieved from the mobile phone in question belonging to the present accused. Thus, thanks to the advanced technology, that the investigation revealed the prima facie truth of statement of the victim. The detailed forensic report is not being reproduced or discussed in the present order, lest it affects the trial of the case, at a later stage.
10. Moreover, in the facts and circumstances of the case, it is unlikely that the mother of the victim would herself prepare the nude photographs of her daughter. Further, in light of the specific allegation that the accused herein had misrepresented to the victim that he was making her speak to a High Court Judge, and that he was working with a High Court Judge, who will ensure that compensation is granted in a pending case before a District Court when the videos will be sent to the Judge, are in themselves grave and serious allegations, which undoubtedly bring the judicial system into disrepute. It also reflects how unassuming or illiterate persons are allured in the name of the Judges for blackmailing and for commission of offences, as the present one.
11. This Court also notes that in case the present case was not registered or the truth was not brought out through police investigation and FSL report, the accused herein would have succeeded in giving an impression that the judicial system was indulging in such abhorring acts. The judicial system or the name of any judge or judicial officer used by unscrupulous persons brings disrepute to the system which cannot be allowed at any cost. This case and order would also serve as a reminder that general public should not believe unscrupulous persons and give them money, even if they are assured that they will get some work done from within the judicial system by such payment. Such persons and such acts are a threat to the judicial system which shake the faith of the community in the judicial system. The justice delivery system has to be stubbornly safeguarded from such acts and persons.
12. Considering the overall facts and circumstances of the case, the conduct of the accused, and the fact that charges are yet to be framed and the victim is yet to be examined, no ground for grant of bail is made out at this stage.
13. Accordingly, the present bail application is dismissed.

Harish Chander @ Suraj Bhatt Vs State NCT of Delhi on 06 Dec 2023

Citations:

Other Sources:

Posted in High Court of Delhi Judgment or Order or Notification | Tagged 1-Judge Bench Decision CrPC 439 - Special powers of High Court or Court of Session regarding bail Harish Chander @ Suraj Bhatt Vs State NCT of Delhi Regular Bail Denied | Leave a comment

Kamisetty Pedda Venkata Subbamma and Anr Vs Chinna Kummagandla Venkataiah on 21 Dec 2004

Posted on December 23, 2023 by ShadesOfKnife

Following his own decision here, Justice S.R.K. Prasad of AP High Court, held as follows,

From Para 4,

4. Adverting to the same, I have perused the record.
The contention of the revision petitioners that the revision petitioners presented the written arguments, appears to be correct. The Rent Control Appellate Court has failed to consider the written arguments presented on behalf of landlords before the Court. This Court has observed at Paragraph 6 in the decision referred above which is as follows:
“I have perused the written arguments. None of the contentions raised in the written arguments are considered. In fact, the decisions of the Supreme Court, this Court and Patna High Court have been cited in the written arguments. The same does not find place in the judgment of the Appellate Tribunal. The lower Appellate Court shall keep in mind that written arguments are submitted not for fancy sake. It is a right conferred by the statue to a party to submit the written arguments which are meant for consideration and adjudication. No Court shall ignore the written arguments and refuse to consider the same. If it were to do so, they are liable for action by the Superior Courts. This is nothing short of judicial dishonesty. A Judge is not supposed to exhibit such dishonesty. A Judge is supposed to exhibit extreme patience and give long rope and hear arguments and then pronounce his
decision after adjudicating the matter. I find that this is a classic case where the Judge refused to consider the written arguments. He has not considered the decisions cited before him. In such cases, the judgment should not be upheld. It deserves to be set aside since no party can be allowed to leave the Court with dissatisfaction for non-consideration of his arguments. If such things were to happen, the litigant public certainly loses confidence in the judicial systems. I am of the considered view that the Appellate Court”s judgment shall not stand for judicial scrutiny before this Court for the learned Judge”s failure to consider the written arguments and adjudicate the matter in the light of the written arguments which lead to miscarriage of justice.”
The written arguments were not considered. One should remember that the Courts existed for rendering justice in accordance with law, but not in accordance whims and fancies. In case the material placed by the Counsel, is ignored, the litigant public who approaches the Courts with fond hope of getting justice, will lose confidence in the judicial system. Judges must keep in kind that it is their duty to go through the written arguments, advert to them and refer them in the course of the judgment by giving answers. In the present case, the written arguments are not adverted to. When the Judge does not mind through the written arguments and advert to the same in the judgment, it cannot be said that fair hearing has been given by the Judge. In such cases, the revisional authority has to correct the mistake committed by the Appellate Authority and the things have to be put in order. Two options are open for this Court viz., (1) the revisional Court has to take the burden of rehearing the entire matter and arrive at the conclusion and render the justice (2) the revisional Court has to send back the matter to the Appellate Judge for reconsideration.

Kamisetty Pedda Venkata Subbamma and Anr Vs Chinna Kummagandla Venkataiah on 21 Dec 2004

Citations:

Other Sources:

https://indiankanoon.org/doc/1249841/

https://www.casemine.com/judgement/in/5608f84de4b0149711141f93

https://www.courtkutchehry.com/Judgement/Search/t/930117-kamisetty-pedda-venkata-subbamma-and?s=Kamisetty%20Pedda%20Venkata%20Subbamma&refine_search=&s_acts=

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged 1-Judge Bench Decision CrPC 314 - Oral arguments and memorandum of arguments G.Jaya Rao Vs State of A.P. Land Reforms Srikakulam Judiciary Antics Kamisetty Pedda Venkata Subbamma and Anr Vs Chinna Kummagandla Venkataiah Legal Procedure Explained - Interpretation of Statutes | Leave a comment

G.Jaya Rao Vs State of A.P. Land Reforms Srikakulam on 21 Feb 2003

Posted on December 22, 2023 by ShadesOfKnife

A single judge bench of AP High Court held as follows,

From Paras 6 and 7,

6. I have perused the written arguments. None of the contentions raised in the written arguments are considered. In fact, the decisions of the Supreme Court, this Court and Patna High Court have been cited in the written arguments. The same does not find place in the judgment of the appellate Tribunal. The lower appellate Court shall keep in mind that written arguments are submitted not for fancy sake. It is a right conferred by the statute to a party to submit the written arguments which are meant for consideration and adjudication. No Court shall ignore the written arguments and refuse to consider the same. If it were to do so, they are liable for action by the superior Courts. This is nothing short of judicial dishonesty. A judge is not supposed to exhibit such dishonesty. A judge is supposed to exhibit extreme patience and give long rope and hear arguments and then pronounce his decision after adjudicating the matter. I find that this is a classic case where the judge refused to consider the written arguments. He has not considered the decisions cited before him. In such cases, the judgment should not be upheld. It deserves to be set aside since no party can be allowed to leave the Court with dissatisfaction for non-consideration of his arguments. If such things were to happen, the litigant public certainly loses confidence in the judicial system. I am of the considered view that the appellate Court’s judgment shall not stand for judicial scrutiny before this Court for the learned Judge’s failure to consider the written arguments and adjudicate the matter in the light of the written arguments which lead to miscarriage of justice.

7. In the result, the Civil Revision Petition is allowed. The judgment of the Land Reforms Appellate Tribunal in L.R.A No. 13 of 1992 is set aside. The matter is remitted back to the appellate Tribunal for fresh consideration. It shall consider every point raised in the written arguments by traversing through the necessary material namely evidence including oral and documentary and give answer to every point and adjudicate the same as expeditiously as possible. Both the parties are directed to appear before the appellate Tribunal on 1.4.2003. In view of the direction for their appearance, there is no need to issue a fresh notice to both the parties. Costs shall abide by the result of the appeal.

G.Jaya Rao Vs State of A.P. Land Reforms Srikakulam on 21 Feb 2003

Citations: [(2003) 02 AP CK 0073], [2003 (3) ALT 127], [2003 (1) LS 324]

Other Sources:

https://indiankanoon.org/doc/17028650/

https://www.casemine.com/judgement/in/56b48cbc607dba348ffee82e

https://lextechsuite.com/G-JAYA-RAO-VERSUS-STATE-OF-AP-2003-02-01

https://www.courtkutchehry.com/Judgement/Search/t/947782-g-jay-rao-vs-state


This was followed in this subsequent case here.

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged 1-Judge Bench Decision CrPC 314 - Oral arguments and memorandum of arguments G.Jaya Rao Vs State of A.P. Land Reforms Srikakulam Judiciary Antics Legal Procedure Explained - Interpretation of Statutes | Leave a comment

P Amutha Vs Gunsekaran on 23 Dec 2022

Posted on December 1, 2023 by ShadesOfKnife

A single judge of High Court of Madras held that maintenance allowance granted to wife cannot be considered as debt as she is not a creditor.

From Para 9 (cites Bhagwant Narnawre Vs Radhika Narnawre and Ashokbhai Devsingbhai Chauhan Vs Taraben Ashokbhai Chauhan),

9. Further , some issue has been considered by the High Court of Gujarat at Ahmedabad in ‘Ashokbhai Devsingbhai Chauhan /vs/ Taraben Ashokbhai Chauhan’. In that case, the Principal Family Court, Ahamedabad directed the Bank of Baroda, Science City Branch, to deduct Rs.30,000/- per month from the pension account of the husband and credit to the account of the wife towards the maintenance amount in arrears. After considering the judgments, viz., (1) Om Prakash /vs/ Javitri Devi (Manu/PH/2052/2017 : 2018(1) DMC 462), (2) Vasanthi Devi /vs/ Vijaya Bank, Ashok Nagar Branch, Mangalore, (Manu/KE/0484/1997 : 1997(2) KarLJ 351, (3) Union of India /vs/ Wing Commander R.R.Hingorani (Retd.) (MANU/SC/0572/1987 : 1987 1 SCC 551) and also considering the above said Bombay High Court judgment, finally, held Section 11 of Pension Act 1871 cannot be attracted and as a wife cannot be treated as creditor as provided under the Pension Act and upheld the order of attachment of pension passed by the Family Court for collection of pension amount.

P Amutha Vs Gunsekaran on 23 Dec 2022

Citations:

Other Sources:


Index of Maintenance Judgments under Section 125 CrPC here.

Posted in High Court of Madras Judgment or Order or Notification | Tagged 1-Judge Bench Decision Ashokbhai Devsingbhai Chauhan Vs Taraben Ashokbhai Chauhan Bhagwant Narnawre Vs Radhika Narnawre Catena of Landmark Judgments Referred/Cited to P Amutha Vs Gunsekaran | Leave a comment

Ashokbhai Devsingbhai Chauhan Vs Taraben Ashokbhai Chauhan on 11 Nov 2019

Posted on December 1, 2023 by ShadesOfKnife

A single judge of Ahmedabad bench of High Court of Gujarat held that maintenance allowance granted to wife cannot be considered as debt as she is not a creditor.

 

Ashokbhai Devsingbhai Chauhan Vs Taraben Ashokbhai Chauhan on 11 Nov 2019

Citations:

Other Sources:


Index of Maintenance Judgments under Section 125 CrPC here.

Posted in High Court of Gujarat Judgment or Order or Notification | Tagged 1-Judge Bench Decision Ashokbhai Devsingbhai Chauhan Vs Taraben Ashokbhai Chauhan | Leave a comment

Bhagwant Narnawre Vs Radhika Narnawre on 05 Apr 2019

Posted on December 1, 2023 by ShadesOfKnife

A single judge of Nagpur bench of Bombay High Court held that maintenance allowance granted to wife cannot be considered as debt as she is not a creditor.

From Para 4,

4. Learned counsel Shri P.K.Mishra for the applicant/husband pointed out Section 11 of the Pensions Act, 1871 and submitted that pensions cannot be attached. The said Section 11 is reproduced herein below:
“11. Exemption of pension from attachment.No pension granted or continued by Government on political considerations, or on account of past
services or present infirmities or as a compassionate allowance, and no money due or to become due on account of any such pension or allowance.
shall be liable to seizure, attachment or sequestration by process of any Court a[***] at the instance of a creditor, for, any demand against the pensioner, or in satisfaction of a decree or order of any such Court.
b[This section applies a[***] also to pensions granted or continued, after the separation of Burma from India, by the Government of Burma.]
[a] The words “in Part A States and Part C States” were omitted by S.2 A.L.O., 1956 (1111956).
[b] Inserted by A.O., 1937 (141937).
[c] That is, on or after 141937.”
The above said Section shows that in civil disputes pensions cannot be attached at the instance of creditors. Commentary relied on by learned counsel for the applicant/husband at serial No.16 under head of attachment shows that, “maintenance allowance granted to wife cannot be considered as debt – She is not a creditor hence exemption under S.11 cannot be granted to husband. (1985)87 Punk LR 682 : (1985) 12 Cri LT 219”. The said commentary itself shows that pensions can be attached to recover amount of maintenance. Hence, the stand taken by learned counsel for the applicant/husband that pensions cannot be attached is not digestible.

Bhagwant Narnawre Vs Radhika Narnawre on 05 Apr 2019

Citations:

Other Sources:


Index of Maintenance Judgments under Section 125 CrPC here.

Posted in High Court of Bombay Judgment or Order or Notification | Tagged 1-Judge Bench Decision Bhagwant Narnawre Vs Radhika Narnawre | Leave a comment

Sanjay Bhalkar Vs State of Maharashtra on 13 Jan 2020

Posted on November 27, 2023 by ShadesOfKnife

A single judge of Aurangabad bench of Bombay High Court held as follows,

From Para 15,

This Court is not agreeing with the submission by learned Advocate for petitioners that, the Court cannot control the cross-examination or he has free hand at the time of cross-examining the witness of the prosecution; but then agree to the submission that the cross-examination need not be restricted to what the witness has stated in his examination-in-chief. A balance has to be struck here while issuing directions to the learned Additional Sessions Judge that he has to decide the relevancy of the question which he may get explained from the learned advocate for the accused orally and then allow him to put the said question to the witness. On any count learned Additional Sessions Judge will not be justified in entirely putting the shutter down while disallowing of the questions and asking the defence advocate to restrict himself while cross-examining P.W.18 to the post mortem examination report Exhibit 216, sketch Exhibit 217 and certificate Exhibit 218. It is, therefore, again clarified that neither the learned advocate for the accused has unfettered right to put any question to the witness in the cross-examination but at the same time the learned Additional Sessions Judge shall also not restrict him in putting questions in the cross to the above referred documents only. There might be certain questions which would be beyond those documents and as an expert they are required to be elucidated from him. No straight jacket formula can be laid down as to what should be permitted and what should not be permitted as it depend upon the question that would be put and the relevancy and admissibility of the same and / or of the admissibility will have to be decided at that time. Definitely the learned Additional Sessions Judge is guided by the procedure laid down in Bipin Panchal’s case (Supra), and it is specifically laid down that, it may be advantages for the Appellate Court in future. He has to bear those advantages which have been laid down in para No.15 of the case, in mind while recording the evidence.

Sanjay Bhalkar Vs State of Maharashtra on 13 January 2020

Citations:

Other Sources:

 

Posted in High Court of Bombay Judgment or Order or Notification | Tagged 1-Judge Bench Decision Evidence Act 148 - Court to decide when question shall be asked and when witness compelled to answer Evidence Act 149 - Question not to be asked without reasonable grounds Sanjay Bhalkar Vs State of Maharashtra | Leave a comment

Chinta Vamshi Vs State of Telangana and Anr on 16 Oct 2023

Posted on November 12, 2023 by ShadesOfKnife

A single judge of Telangana High Court held as follows:

6. On perusal of record, it is evident that neither of the parties filed their affidavits reflecting their assets and liabilities. As per the directions of the Hon’ble Apex Court, while granting maintenance, the trial Court shall receive the affidavits containing assets and liabilities of both the parties and basing on the same, the trial Court shall decide whether maintenance should be awarded or not. In the present case, the trial Court did not follow the guidelines of the Hon’ble Apex Court. Therefore, the impugned order dated 11.08.2022 is liable to be set aside.

Chinta Vamshi Vs State of Telangana and Anr on 16 Oct 2023

Index of Maintenance Judgments is here.

Posted in High Court of Telangana Judgment or Order or Notification | Tagged 1-Judge Bench Decision Chinta Vamshi Vs State of Telangana and Anr Not followed Guidelines in Rajnesh Vs Neha Judgment Rajnesh Pal Naidu Vs Neha Naidu Joshi and Anr | Leave a comment

Rakesh Rajput and Anr Vs State of Jharkhand and Anr on 31 Oct 2023

Posted on November 11, 2023 by ShadesOfKnife

A single judge of Jharkhand High Court held the open secret of misuse of 498A IPC.

From Paras 8-12,

8. With the laudable object of punishing cruelty at the hands of husband or his relatives, Section 498-A of the Indian Penal Code was inserted in the statute. There is a phenomenal increase in matrimonial disputes in recent years and it appears that in many cases, the object of Section 498-A of the Indian Penal Code is being misused and the said Section is used as weapon rather than shield by disgruntled wives. The Hon’ble Supreme Court in the case of Arnesh Kumar v. State of Bihar , reported in [(2014) 8 SCC 273], certain guidelines have been issued how to arrest a person against whom matrimonial disputes are there.
9. Such type of cases are being filed in the heat of the moment over trivial issues without proper deliberations and this aspect of the matter has been considered by the Hon’ble Supreme Court in the case of Preeti Gupta v. State of Jharkhand, reported in [(2010) 7 SCC 667].
10. Little matrimonial skirmishes suddenly erupt which often assume erious proportions resulting in commission of heinous crimes in which elders of the family are falsely implicated by the wives. This aspect of the matter has been considered by the Hon’ble Supreme Court in the case of Geeta Mehrotra v. State of U.P. , reported in [(2012) 10 SCC 741].
11. The Hon’ble Supreme Court in the case of K. Subba Rao v. State of Telangana, reported in [(2018) 14 SCC 452] has observed that the Court should be careful in proceeding against the distant relatives in crimes pertaining to matrimonial disputes and dowry deaths.
12. The above line of judgments of the Hon’ble Supreme Court clearly suggest that how Section 498-A of the Indian Penal Code is being misused nowadays.

Rakesh Rajput and Anr Vs State of Jharkhand and Anr on 31 Oct 2023

Index of Quash judgments here.

Posted in High Court of Jharkhand Judgment or Order or Notification | Tagged 1-Judge Bench Decision Catena of Landmark Judgments Referred/Cited to CrPC 482 – IPC 498A Quashed Discourage Roping In All Relatives Of In-Laws Or Distant Relatives Legal Terrorism Rakesh Rajput and Anr Vs State of Jharkhand and Anr | Leave a comment

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