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Tag: 1-Judge Bench Decision

Ashok Roopchand Jain Vs State of Maharashtra and Ors on 04 Mar 2020

Posted on September 16, 2020 by ShadesOfKnife

Another good judgment based on landmark rulings from DB of Bombay High Court as well as Apex Court, on renewal of a Passport for full term of 10 years.

6. In view of the directions given by this Court in the said judgment, therefore, the Respondents were duty bound to follow the said directions and ought to have renewed thepassport for a period of ten years. It has to be borne in mind that whenever a criminal complaint is pending against an applicant, who wishes to travel abroad, the Magistrate alone has a jurisdiction to impose conditions regarding his right to travel abroad. If the Magistrate is satisfied that the Applicant should not be permitted to travel abroad, he can reject his application. However, when an application is made forrenewal of passport, the Passport Authorities have to adhere to the provisions of the Act and the Rules framed thereunder. It appears that the Central Government has issued a Notification by exercising a power vested in them under section 6(2)(f) of the Passports Act, 1967 and in the said Notification, it has been mentioned that the passport can be renewed for a period of one year. There being an ambiguity under the provisions of the Act and the Rules and the Notification issued by the Passport Authorities, this Court was pleased to clarify the said ambiguity in the case of Narendra Ambwani (supra). The Passport Authorities do not have the right to decide whether the accused has a right to travel abroad or not and that right is vested in the Magistrate, who can impose condition if an application is made, seeking permission to travel abroad. The Apex Court in the case of Maneka Gandhi v. Union of India [(1978) 1 SCC 248 : 1978 SCR (2) 621)] has held that the right to travel for the purpose of business and service is a part of a fundamental right, subject to reasonable restrictions, which are imposed by the Act and by the Court. In the present case, the Applicant on account of his service as a Flight Person has to travel abroad continuously and there is no possibility of absconding since he has to return back along with the fight. Taking into consideration the aforesaid facts, we direct the Passport Authorities to renew the passport for a period of 10 years. It is clarified that, however, the Applicant will have to apply to the Magistrate seeking permission to travel abroad. If such an application is made, the Magistrate may impose such conditions as deem ft and proper.”

Ashok Roopchand Jain Vs State of Maharashtra and Ors on 04 Mar 2020
Posted in High Court of Bombay Judgment or Order or Notification | Tagged 1-Judge Bench Decision Ashok Roopchand Jain Vs State of Maharashtra and Ors Maneka Gandhi Vs Union Of India Passport Renewal for 10 Years | Leave a comment

Kantamneni Ravi Shankar Vs State of AP

Posted on September 12, 2020 by ShadesOfKnife

Kantamneni Ravi Shankar, MD of TeluguOne media organization was booked in a baseless crime by AP CID and then Single-judge bench sufficiently gave lecture to the Police on Duties of Police.

Kantamaneni Ravishankar Vs State of AP on 28 Aug 2020

4 months earlier, Anticipatory Bail was also granted to this Petitioner:

Kantamneni Ravi Shankar Vs State of AP on 17 May 2020

The genesis of this and such nonsensical false criminal cases is this GO:

2019GAD_RT2430 Lodge complaints and legal cases against false, baseless and defamatory news items published in Print, Electronic and Social Media

A complete indexed and mess-wise segregated collection of reprimands received by this incumbent State Government of YCP are here.

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged 1-Judge Bench Decision Catena of Landmark Judgments Referred/Cited to Kantamneni Ravi Shankar Vs State of AP Reprimands or Setbacks to YCP Govt of Andhra Pradesh | Leave a comment

Robin Sharma Vs State of Punjab on 11 August 2020

Posted on August 25, 2020 by ShadesOfKnife

Single-Judge bench held the importance of fair investigation by Investigating officer. And more importantly, advised as following, wrt sec 166A(b), which I elaborated here:

The complainant/victim of a crime may accordingly apply to the Judicial Magistrate, empowered to take cognizance of the offences in question on police report, for monitoring of investigation who can issue appropriate directions for expeditious completion of investigation. The complainant/ victim of a crime may also file complaint under section 166A (b) of the IPC against the Investigating Officer for knowingly disobeying, any direction of the law regulating the manner in which he shall conduct such investigation. In view of explanation to Section 197 (1) of the Cr.P.C. no sanction is required in case of a public servant accused of any offence alleged to have been committed under Section 166 A of the IPC. The complainant/victim of a crime may alternatively file petition in the High Court for transfer of investigation to an independent agency such as CBI etc.. However, it may be observed here that in substantial number of such cases the complainant/victim of a crime is not able to pursue these remedies due to lack of awareness and legal aid at the initial stages.

Robin Sharma Vs State of Punjab on 11 August 2020
Posted in High Court of Punjab & Haryana Judgment or Order or Notification | Tagged 1-Judge Bench Decision IPC 166A - Public servant disobeying direction under law Lalita Kumari Vs Govt.Of U.P. and Ors Right to Fair Investigation Right to Fair Trial Robin Sharma Vs State of Punjab What is Investigation | Leave a comment

MS Sujan Multiports Ltd Vs State of Haryana and Ors on 12 March 2019

Posted on August 24, 2020 by ShadesOfKnife

This is the wonderful judgment from Punjab and Haryana High Court. Very good for lawyers and law students alike.

This is what is mentioned by Hon’ble Judge on first page itself. This is just beginning.

The language of Section 156(3) Cr.P.C., though is as simple as it could have been, yet seems to have fallen pray to the fear of ‘unknown’ in its applied interpretations. That ‘unknown’ is the fear arising out of a demon of the Indian system of administration of criminal justice, called the ‘FIR’. This fear is so pervasive that it starts showing its effect even before the ‘FIR’ comes into being, and continues to haunt a person even after he is acquitted of the charge leveled in ‘FIR’.

Entire Complaint filing and cognizance taking upon such complaint is detailed elaborately further.

 

MS Sujan Multiports Ltd Vs State of Haryana and Ors on 12 March 2019
Posted in High Court of Punjab & Haryana Judgment or Order or Notification | Tagged 1-Judge Bench Decision CrPC 156(3) - Any Magistrate Empowered u/s 190 May Order Such an Investigation as above-mentioned CrPC 156(3) - Application to be supported by an Affidavit Legal Procedure Explained - Interpretation of Statutes MS Sujan Multiports Ltd Vs State of Haryana and Ors | Leave a comment

Ajay Kumar Bisnoi and Anr Vs MS KEI Industries Limited on 25 September 2015

Posted on August 6, 2020 by ShadesOfKnife

This is a good judgment from Madras High Court which held that, a Magistrate can dispense with appearance of accused in a criminal case on first appearance itself, if accused is represented by an Advocate and supported by reasonable excuse.

Beautiful articulation of fact situation on the ground

From Para 15,

15. However, this Court is much concerned if the counsel who is permitted to represent the petitioners/accused is absent on the ground of boycott. In such circumstances, the Court below is at liberty to proceed in accordance with law. Persons belonging to the legal profession are concededly the elite of the society. They have always been in the vanguard of progress and development of not only law but the polity as a whole. Citizenry looks at them with hope and expectations for traversing on the new paths and virgin fields to be marched on by the society. The profession by and large, till date has undoubtedly performed its duties and obligations and has never hesitated to shoulder its responsibilities in larger interests of mankind. The lawyers, who have been acknowledged as being sober, task-oriented, professionally-responsible stratum of the population, are further obliged to utilise their skills for socio-political modernisation of the country. The lawyers are a force for the preservance and strengthening of constitutional government as they are guardians of the modern legal system. But now-a-days, unfortunately, strikes, boycott calls and even unruly are becoming a frequent spectacles and boycotting the Courts by Advocates has come a regular feature in this state and almost throughout a year, one section or the other of the members of the Bar abstain from Courts and thereby making this Chartered High Court into shattered position. No Advocate has a right to abstain from Court without first returning the briefs to his clients and refunding the fees received from them. It is well known that several clients are paying through their nose by borrowing heavily to their advocates and it is a matter of life and death for them. Advocates who are boycotting the Courts for one cause of so, should not ignore the fact that there have been several causes before the Courts pending for disposal and their act of boycotting would lead to a travesty of justice and destroy the basic democracy, which would tantamount to failure of administration of justice. Failure of a lawyer to attend to his case in Court would not only be breach of contract and breach of trust, but also professional misconduct.

In such circumstances, this Court feels it appropriate to make the following:
i) No advocate has right to stall the court proceedings on the ground that advocates have decided to strike or to boycott the courts or even boycott any particular court. With the strike by the lawyers, the process of court intended to secure justice is obstructed which is unwarranted under the provisions of the Advocates Act.
ii) It is always open to the litigants to claim damages and also to move the Consumer forum for appropriate compensation and for damages that had caused to them by theirs Advocates by not representing the matters in Courts;
ii) No Advocate shall be permitted to represent the matter without robes (dress-code) on boycott day;
iii) The Courts below shall record the non-apperance of the Advocates due to boycott in the listed case proceedings and proceed with the matters on merits;
iv) After recording such non-apperance of the Advocates, the Courts below shall report the same to the Bar Council of India for appropriate action and it would facilitate the litigants to pursue the matter with the Bar Council of India.
The Registry is directed to issue a copy of this order to all the subordinate Courts dealing with civil and criminal matters.

Ajay Kumar Bisnoi and Anr Vs MS KEI Industries Limited on 25 September 2015

Other Source links: https://indiankanoon.org/doc/117608503/

 

Posted in High Court of Madras Judgment or Order or Notification | Tagged 1-Judge Bench Decision Ajay Kumar Bisnoi and Anr Vs MS KEI Industries Limited Catena of Landmark Judgments Referred/Cited to CrPC 205 – Magistrate may dispense with personal attendance of accused MS. Bhaskar Industries Ltd Vs MS. Bhiwani Denim & Apparels Ltd and Ors | Leave a comment

Lanka Venkata Subrahmanyam Vs State of Telangana on 4 January 2018

Posted on June 20, 2020 by ShadesOfKnife

Baseless case against Secretary to Government LV Subrahmanyam was quashed by AP High Court.

Lanka Venkata Subrahmanyam Vs State of Telangana on 4 January 2018

 


Citations: [

Other Source links:

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged 1-Judge Bench Decision Abuse Or Misuse of Process of Court Catena of Landmark Judgments Referred/Cited to CrPC 482 – Criminal Proceeding Quashed Landmark Case Lanka Venkata Subrahmanyam Vs State of Telangana | Leave a comment

Amarjit Kaur and Ors Vs Jaswinder Kaur and Ors on 15 May 2020

Posted on May 18, 2020 by ShadesOfKnife

Taking cue from Geeta Mehrotra judgment here, Punjab High Court has quashed proceedings on relatives living far away in Canada taking a ground that no specific allegation are in the complaint.

Amarjit Kaur and Ors Vs Jaswinder Kaur and Ors on 15 May 2020

Citations: [2]

Other Source links: https://indiankanoon.org/doc/12422589/

Posted in High Court of Punjab & Haryana Judgment or Order or Notification | Tagged 1-Judge Bench Decision Amarjit Kaur and Ors Vs Jaswinder Kaur and Ors CrPC 482 - Quash CrPC 482 - Saving of inherent powers of High Court CrPC 482 – Criminal Proceeding Quashed CrPC 482 – IPC 498A Quashed Discourage Roping In All Relatives Of In-Laws Or Distant Relatives Geeta Mehrotra and Anr Vs State Of U.P. and Anr IPC 498a - Not Made Out Against Parents or Relatives Legal Terrorism Order Quashed | Leave a comment

Ashwinbhai Kamsubhai Rathod Vs Bhailalbhai Kalubhai Pandav BM Chudasama and others on 12 May 2020

Posted on May 13, 2020 by ShadesOfKnife

High Court of Gujarat has quashed the December 2017 election of Gujarat’s Law Minister, Bhupendrasinh Manubha Chudasama to the State’s Legislative Assembly as violative of the Representation of People’s Act, 1951

Latest: The LawMin appealed against High Court judgment at Supreme Court.

Ashwinbhai Kamsubhai Rathod Vs Bhailalbhai Kalubhai Pandav BM Chudasama and others on 12 May 2020

Citations: []

Other Source links: https://www.barandbench.com/news/litigation/such-an-election-should-not-be-permitted-to-hold-the-field-gujarat-hc-quashes-state-law-minister-bm-chudasamas-2017-election

Posted in Assorted Court Judgments or Orders or Notifications High Court of Gujarat Judgment or Order or Notification | Tagged 1-Judge Bench Decision Ashwinbhai Kamsubhai Rathod Vs Bhailalbhai Kalubhai Pandav BM Chudasama and others Election Matter Reportable Judgement or Order Work-In-Progress Article | Leave a comment

Miriyala Divya and 5 Others Vs Govt of AP on 19 September, 2014

Posted on December 14, 2019 by ShadesOfKnife

Following the Apex Court judgment here, AP High Court delivered this judgment.

From Paras 17 and 18,

17 A Division Bench of this Court, in Mavuri Rani Veerabhadramma @ Kandarpa Prameela @ Mavuri Prameela v State of A.P.[10] after analysing the entire case-law on the point, in para 23, held as under:
23. The reference is answered with the following conclusions:
1. If a complaint is filed under Section 200 Cr.P.C. for the offence under Section 494 I.P.C. before a Magistrate, he may take cognizance of the offence or postpone the issue of process either by making enquiry into the case by himself or direct an investigation to be made by the Police Officer or other person as he thinks fit for the purpose of deciding whether or not there is sufficient ground to proceed. If the complaint is referred to the police for investigation and if the police files either the chargesheet showing that there is prima facie material to proceed against the accused or that there is no case to take cognizance of the offence, the Magistrate is empowered to take cognizance of the offence irrespective of the result of the investigation and it amounts to sufficient compliance of Section 198 of Cr.P.C.
2. The police may also receive a complaint for the offence under Section 494 of I.P.C. and register a crime. As per the amendment of the schedule, Section 494 of I.P.C. is made cognizable and the police are empowered to investigate the case. But the Magistrate is precluded from taking cognizance of the offence under Section 198 of Cr.P.C. on the charge-sheet filed by the police, when a complaint is not presented before the Magistrate for taking cognizance of the offence.
3. If a complaint for the offence under Section 494 of I.P.C. is lodged along with other cognizable offences before the police and if the police files a charge-sheet, the Court can take cognizance of the offence under Section 494 of I.P.C. also along with other cognizable offences by virtue of Section 155(4) of Cr.P.C.
18 As per the principle enunciated in this case, the Magistrate can take cognizance of offence under Section 494 IPC basing on the police report, when the crime is consisting of a cognizable and non-cognizable offences.

From Paras 25 and 26,

25 As per the principle enunciated therein, the Court can take cognizance of offence under Sections 494 and 495 I.P.C basing on the police report even without corresponding amendment to Sections 320 and 198 Cr.P.C.

26 As per the principle enunciated in Krishna Kumar Case above, the ratio decidendi of the previous case alone has the force of law and became a binding precedent. In A. Subhash Babu case, the apex Court interpreted the scope of Section 198 Cr.P.C. with reference to the A.P. State amendment to Section 494 IPC. The point urged and decided by the Hon’ble apex Court is identical to the facts of the case on hand. The ratio laid down by the Hon’ble apex Court is binding on all the courts subordinate to it in view of Article 141 of the Constitution of India. The judicial discipline mandates that the Courts subordinate to the Hon’ble apex Court should invariably follow the principle laid down by the Hon’ble apex Court. Having regard to the facts and circumstances of the case and also the principle enunciated in the cases cited supra, the ratio laid down in Subhash Babu case is squarely applicable to the facts of the case on hand.

Miriyala Divya and 5 Others Vs Govt of AP on 19 September, 2014

Citations: [2015 ALD CRL AP 1 115], [2014 SCC ONLINE HYD 753], [2015 ALT CRL AP 1 242]

Other Sources:

https://indiankanoon.org/doc/168383354/

https://www.casemine.com/judgement/in/5608f8d9e4b014971114384a


Index to Bigamy Judgments under Sections 494 and 495 of IPC is here.

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged 1-Judge Bench Decision Catena of Landmark Judgments Referred/Cited to Landmark Case Legal Procedure Explained - Interpretation of Statutes Miriyala Divya and 5 Others Vs Govt of AP Reportable Judgement or Order

Rachna Kathuria Vs Ramesh Kathuria on 30 August, 2010

Posted on December 8, 2018 by ShadesOfKnife

In this judgment from Hon’ble Delhi High Court, it was held that “If a woman living separate from her husband had already filed a suit claiming maintenance and after adjudication maintenance has been determined by a competent court either in Civil Suit or by Court of MM in an application under Section 125 Cr.P.C. she does not have a right to claim additional maintenance under the Act. The Court of MM under the Act has power to grant maintenance and monetary reliefs on an interim basis in a fast track manner only in those cases where woman has not exercised her right of claiming maintenance either under Civil Court or under Section 125 Cr.P.C.”

Why PWDV Act?

Also held “It must be understood that the Protection of Women from Domestic Violence Act, 2005 does not create any additional right to claim maintenance on the part of the aggrieved person. It only puts the enforcement of existing right of maintenance available to an aggrieved person on fast track.”

Rachana Khaturia Vs Ramesh Kathuria on 30 August, 2010

Index to DV Judgments is here.

Posted in High Court of Delhi Judgment or Order or Notification | Tagged 1-Judge Bench Decision CrPC 125 or BNSS 144 - Order for Maintenance of Wives Children and Parents HAM Act Sec 18 - Interim Maintenance Granted HAM Act Sec 23 - Interim Maintenance Granted PIL - CrPC 125 or BNSS 144 Must Go From Statute Book PWDV Act Sec 20 - Maintenance Granted PWDV Act Sec 29 - Interim Maintenance Enhanced Rachna Kathuria Vs Ramesh Kathuria | Leave a comment

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