Relatives not living in a shared household were implicated in a false DV case, so High Court of Chhattisgarh quashed the DV proceedings against the petitioners.
Citations :
Other Sources :
https://indiankanoon.org/doc/100106255/
https://www.lawyerservices.in/Nafisa-Anjum-Versus-State-of-Chhattisgarh-Through-Officer-In-Charge-Police-Station-2018-09-26
http://www.the-laws.com/Encyclopedia/Browse/Case?CaseId=028102399000
Rajasthan High Court passed a direction to all trial Courts in Rajasthan that, in all Bail matters u/s 437/438, a detailed report on antecedents of the accused is to be filed along with judgment.
There is no mention regarding the status of criminal antecedents of the present petitioner in the impugned order. It is often seen by this Court that the learned courts below are not specific in regard to antecedents of the accused persons, which causes delay in the disposal of the bail applications, as, if the person is not having antecedents and his antecedents are called, receiving of such antecedents reports takes quite some time. Though the antecedent alone is not a ground of rejecting or accepting a bail, but it is must that the Hon’ble High Court should have the antecedent report to check the applicability of Section 437 (1) of Cr.P.C. as well as to weigh the case of the accused person with overall perspective of the allegations levelled.
Thus, this Court directs that all learned trial courts shall, while allowing or disallowing any regular/anticipatory bail application of any accused person,give the complete details of the antecedents, if any, and also record that there are no antecedents of the accused person in case of none being there. If there are antecedents of the accused, then the complete details of the antecedents i.e. FIR Number(s) & Case Number(s), Section(s), date(s), status and date of arrest & release on any previous occasion, if any, in the chart form shall be prepared and incorporated in the learned trial courts’ order, while granting or dismissing the bail application.
This order shall be conveyed by the Registry of this Court to all learned District & Sessions Judges of the State, who shall ensure the immediate implementation of this order amongst all the judicial officers and all courts in their respective jurisdiction, which are hearing the bail applications. The detailed antecedents report in aforesaid format so provided in the trial courts’ order shall be the requirement of disposal of any bail application in State of Rajasthan. It is also directed that the learned Public Prosecutors all over the State shall call for the antecedents report well in advance in every case of bail, so as to enable the courts to have a definite and correct information regarding previous criminal antecedents of the accused. A certified copy of this order be also sent by the Registry to the Director of the Prosecution Department of the State for necessary compliance, amongst the learned Public Prosecutors all over the State of Rajasthan.
The Registry of this Hon’ble Court shall ensure compliance of this order, in its letter and spirit, and submit such compliance before this Court on 05.01.2021.
Single-judge bench of Andhra Pradesh held that, cross-examination need not be confined to the facts to which the witness testified on his examination-in-chief.
From Para 3,
3. Since O.S. No. 1141 of 2000, later renumbered as O.S. No. 20 of 2003, was ordered to be tried along with O.S. No. 47 of 1998, obviously common evidence is being recorded in both the suits. When two suits are clubbed and tried together, all the parties to the suits have a right to cross-examine the witness examined by the adversary, because Section 138 of the Evidence Act, 1872 (‘the Act’) confers such right on them. As per that Section 138 of the Act the witness called by a party shall first be examined-in-chief and if the adverse party so desires he can cross-examine him and then if the party calling him so desires, can re-examine him. That section specifically lays down that Chief examination and cross-examination must relate to relevant facts, but cross-examination need not be confined to the facts to which the witness testified on his examination-in-chief.
Casemine copy:
Legal Crystal copy:
Citations : [2006 ALD 1 370], legalcrystal.com/442436
Other Sources :
https://indiankanoon.org/doc/1166172/
https://www.casemine.com/judgement/in/5608f85de4b01497111422e0
https://www.legalcrystal.com/case/442436/k-c-kanniyappa-vs-lalitha-anr
Single judge bench of Orissa High Court, in this bail matter, held that right to be forgotten (or left alone) is part of bouquet of rights enshrined in Article 21 of the Constitution.
From Para 5,
5. While examining the pages of the case records, prima facie, it appears that the petitioner has uploaded the said photos/videos on a social media platform i.e. Facebook and with the intervention of the police, after some days, he deleted the said objectionable contents from the Facebook. In fact, the information in the public domain is like toothpaste, once it is out of the tube one can’t get it back in and once the information is in the public domain it will never go away. Under the Indian Criminal Justice system a strong penal action is prescribed against the accused for such heinous crime but there is no mechanism available with respect to the right of the victim to get the objectionable photographs deleted from the server of the Facebook. The different types of harassment, threats and assaults that frighten citizens in regard to their online presence pose serious concerns for
citizens. There is an unprecedented escalation of such insensitive behavior on the social media platforms and the victim like the present one could not get those photos deleted permanently from server of such social media platforms like facebook. Though the statute prescribes penal action for the
accused for such crimes, the rights of the victim, especially, her right to privacy which is intricately linked to her right to get deleted in so far as those objectionable photos have been left unresolved. There is a widespread and seemingly consensual convergence towards an adoption and enshrinement of the right to get deleted or forgotten but hardly any effort has been undertaken in India till recently, towards adoption of such a right, despite such an issue has inexorably posed in the technology dominated world. Presently, there is no statute in India which provides for the right to be forgotten/getting the photos erased from the server of the social media platforms permanently. The legal possibilities of being forgotten on line or off line cries for a widespread debate. It is also an undeniable fact that the implementation of right to be forgotten is a thorny issue in terms of practicality and technological nuances. In fact, it cries for a clear cut demarcation of institutional boundaries and redressal of many delicate issues which hitherto remain unaddressed in Indian jurisdiction. The dynamics of hyper connectivity- the abundance, pervasiveness and accessibility of communication network have redefined the memory and the prescriptive mandate to include in the technological contours is of pressing importance.
From Para 14,
14. Section 27 of the draft Personal Data Protection Bill, 2018 contains the right to be forgotten. Under Section 27, a data principal (an individual) has the right to prevent continuing disclosure of personal data by a data fiduciary. The aforesaid provision which falls under Chapter VI (Data Principal Rights) of the Bill, distinctly carves out the “right to be forgotten” in no uncertain terms. In terms of this provision, every data principal shall have the right to restrict or prevent continuing disclosure of personal data (relating to such data principal) by any data fiduciary if such disclosure meets any one of the following three conditions, namely if the disclosure of personal data:
(i) has served the purpose for which it was made or is no longer necessary; or
(ii) was made on the basis of the data principal’s consent and such consent has since been withdrawn; or
(iii) was made contrary to the provisions of the bill or any other law in force.
In addition to this, Section 10 of the Bill provides that a data fiduciary shall retain personal data only as long as may be reasonably necessary to satisfy the purpose for which it is processed. Further, it imposes an obligation on every data fiduciary to undertake periodic reviews in order to determine whether it is necessary to retain the personal data in its possession. If it is not necessary for personal data to be retained by a data fiduciary, then such personal data must be deleted in a manner as may be specified.
Index of Article 21 case laws is here.
Single Judge of Bombay High Court held that, burden of proof shifting to accused in POCSO cases is not absolute and that the Prosecution has to establish their case on foundational
facts, only after which burden of proof shifts onto accused.
From Para 4, truth comes out.
4. It is admitted by the victim that Hindi books were found on her desk by the accused. The victim was suggested that since the Hindi books were found or discovered by the accused, she left the examination hall crying. The defence, obviously, is that in order to escape the consequences of the unfair practice while answering the Hindi paper, the victim falsely implicated the accused.
From Para 6,
6. The statutory presumption under Section 29 of the POCSO Act must be understood and tested on the anvil of the golden thread which runs through web of the criminal jurisprudence system in this country that an accused is presumed to be innocent till the guilt is conclusively established beyond reasonable doubt. In the factual matrix, at best, the prosecution has succeeded in bringing on record material giving rise to some suspicion. However, it is trite law that suspicion is not a substitute to proof. The gulf between “might have committed” and “must have committed” must be bridged by the prosecution by unimpeachable and confidence inspiring evidence.
Citations :
Other Sources :
https://indiankanoon.org/doc/186788466/
Justise Lalitha Kanneganti held that there is violation of Guidelines issued in Arnesh Kumar in effecting an arrest without complying with 41A CrPC procedure and held demanded reports from both Police belonging to concerned PS and also the Magistrate who mechanically issue Judicial custody.
A complete indexed and mess-wise segregated collection of reprimands received by this incumbent State Government of YSRC Party are here.
Single Judge declared as follows with regards to the application of Sec 25(2) of PWDV Act 2005 and specifically, what does ‘change in circumstances’ mean.
32. I find no force in the contention of the appellant that merely filing of application under section 25 (2) of the D. V. Act would amount to a change in the circumstances. The phrase “change in circumstances” would require that the circumstances on the basis of which any previous order was passed under this Act have undergone alteration, modification or have ceased to exist and warrant interference of the court. Hence, the contention of the appellant that merely filing an application under section 25(2) of the D. V. Act would amount to change in circumstances cannot be accepted. Moreover, if such arguments of the appellant is accepted then parties will take advantage of such interpretation and would intentionally stay away from court on a day when any order is to be passed so that after passing of the order, they would file the application under section 25(2) of the D. V. Act and would plead that mere filing of an application under section 25(2) of the D.V. Act is a change in the circumstances thereby warranting passing of orders under section 25(2) of the D. V. Act.
33. A perusal of the application under section 25(2) of the D. V. Act filed by the appellant before the trial court shows that in the said application, the appellant has nowhere mentioned that consequent to the passing of the order by which interim maintenance has been fixed, there has been any change in the circumstances which warranted filing the application under section 25(2) of the D. V. Act for modification of the previous order dated 10.04.2015.
Single-judge Bench said one thing in this Order which is as follows:
7. Qualification of the wife and the capacity to earn cannot be a ground to deny interim maintenance to a wife who is dependant and does not have any source of income.
The converse is read like this:
Wife who is independant and have source of income, can be a ground to deny interim maintenance to a wife.
Citations :
Other Sources :
https://indiankanoon.org/doc/92763076/
https://www.casemine.com/judgement/in/5d8b2ff8714d58374079df99
Index of Maintenance cases under Section 125 CrPC here.
Single-judge bench held that, if a if a court has no jurisdiction to try a lis, it is good for the party raising the issue of jurisdiction to seek the dismissal/return of the proceedings, rather than seeking a transfer.
From Para 14,
14. Suffice it to say that if a court has no jurisdiction to try a lis, it is good for the party raising the issue of jurisdiction to seek the dismissal/return of the proceedings, rather than seeking a transfer. I fail to understand the anxiety of the petitioner, to make an irregular proceeding initiated by the first respondent, regular. The decision in Arvee Industries (supra) is no answer to this contention, since this Court did not say in that case that an invalid proceeding, may be validated, at the instance of the opposite party by transferring the same to a court having jurisdiction.
Citations :
Other Sources :
Based on the landmark judgment from Supreme Court is here, Allahabad High Court held against the Love Jihad marriages in India.
Citations :
Other Sources :
https://indiankanoon.org/doc/22354729/
Many such Love Jihad marriages are listed here, for awareness purpose, as nothing can be done to such legally major ladies.
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