Baseless case against Secretary to Government LV Subrahmanyam was quashed by AP High Court.
Citations: [
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Tag: 1-Judge Bench Decision
Amarjit Kaur and Ors Vs Jaswinder Kaur and Ors on 15 May 2020
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.
Citations: [2]
Other Source links: https://indiankanoon.org/doc/12422589/
Ashwinbhai Kamsubhai Rathod Vs Bhailalbhai Kalubhai Pandav BM Chudasama and others on 12 May 2020
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.
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
Miriyala Divya and 5 Others Vs Govt of AP on 19 September, 2014
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.
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.
Rachna Kathuria Vs Ramesh Kathuria on 30 August, 2010
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.”
Index to DV Judgments is here.
Shital Krushna Dhake Vs Krushna Dagdu Dhake on 06 Oct 2018
The cunning knife who is begging maintenance under HMA 24, cannot travel 125 KMs to attend Court and requires the assistance of an adult member of the family to travel, petitioned for Transfer of cases to her den location.
Just for some ‘utensils, Bed and Rukhwat items’ she denied to settle the matter even when the hubby dear is willing to dole out, an amount of Rs.10.50 lac as a One Time Comprehensive Settlement and part ways with the Applicant/ wife before it became more painful.
From Para 8 and 9,
At this juncture, the learned Advocate for the husband submits that though it was beyond his means, he has somehow accumulated Rs.10.50 lac so as to resolve this entire issue once and for all and part ways. If the wife wants to agitate on the utensils and Rukhwat, the husband is withdrawing his offer of depositing Rs.10.50 lac in this Court.
I see reason in the submissions of the learned Advocate for the husband and therefore, the offer that the Respondent/ Husband had made earlier, is permitted to be withdrawn and the amount of Rs.10.50 lac need not be deposited in this Court.
TRIVIA
The name of the knife is a little… Shit’al… LOL
Shital Krushna Dhake Vs Krushna Dagdu Dhake on 02 Feb 2018
High Court of Bombay (Aurangabad Bench) has held that, there is no harm if such a print out from the official website is placed before this Court.
From Para 2 and 3,
2. I am of the view that this apprehension is misplaced since the print out of the orders of this Court from the official website has sanctity and the trial Courts are expected to consider the said orders, if they are cited after taking a print out from the official website. The said orders are also available before the trial Court from the official website and there can be a counter verification to find out whether such an order is actually uploaded to the official website or not. In this backdrop, there is no harm if such a print out from the official website is placed before this Court.
3. It is informed by the learned Advocates that, in several cases before various trial Courts, the learned Judges insist on production of the certified copy of the order and they are not inclined to consider the print out of an order from the official website of the Bombay High Court, as being a reliable document. As observed in the foregoing paragraphs, in the event of any doubt in the mind of the learned Judge, it can be checked from the official website of the Bombay High Court as to whether such an order has been uploaded or not? Once the order is uploaded on the official website, it is a reliable document to be considered by the Court before whom it is cited.
4. Since several lawyers in the Court room have addressed this Court on this common issue, the learned Registrar (Judicial) of this Court is directed to circulate this order to all the learned Principal District Judges of the District Courts in Maharashtra, so as to bring this aspect to the notice of all the learned Judges working in the judicial districts in this state.
Citations:
Indiankanoon.org or Casemine link:
Added to this Index here.
Gaddameedi Nagamani Vs The State Of Telangana on 17 July, 2015
In this judgment of Hon’ble High Court of Andhra Pradesh, it was held that “the learned Magistrate shall entertain, hear and pass appropriate orders granting the same with necessary conditions” in the petitions contesting the maintainability of 482 CrPC quash in DV Cases.
See Page 5, last para…
Needless to say if any appeal is filed by any of the petitioners herein, they can file for the period beyond one month with application invoking Section 14 of the Limitation Act before the learned Sessions Judge to entertain as it is of bonafide prosecution in this Court instead of proceeding by appeal before the Court of Sessions, within the sweep of Section 14 of the Limitation Act. Further, if any application is filed under Rule 37 of Criminal Rules of Practice or under Section 126(2) or Section 205 to represent through special vakalat or through advocate or for one to represent others as the case may be, the learned Magistrate shall entertain, hear and pass appropriate orders granting the same with necessary conditions.
Citations: [2015 SCC ONLINE HYD 293], [2016 CCC 1 49], [2015 ALD CRI 2 764]
Other Sources:
https://indiankanoon.org/doc/110893807/
https://www.casemine.com/judgement/in/5e53212e46571b56b1ea70aa
http://document.manupatra.com/ap/2001-2004/ap2015/AP20151408152002271.htm
The bulk of the Criminal Rules of Practice, 1990 is available here.
Reema Aggarwal Vs Anupam And Others on 14 November, 2013
Hon’ble High Court of Punjab and Haryana dismissed the revision of knife against the acquittal judgment of husband and others from IPC 498A due to many reasons as listed out by the learned Sessions Judge.
Reasons for acquittal of Husband:
#1 admission made by petitioner Reema in her cross-examination that earlier she was married to Vipin Kumar, and their marriage had not been dissolved by the court of competent jurisdiction. It was, therefore, held that since marriage was not dissolved legally, therefore, her marriage with accused Anupam was void ab initio.
#2 in a case of second marriage, no demand for dowry is usually put forward. It was further observed that petitioner Reema in her statement had not given any particulars or the details of the demands made nor she deposed that any amount was ever given by her to any of the accused.
#3 Raj Mani, the father of the petitioner, made a statement that there was a demand of Rs. 2 lacs from her daughter Reema by the respondents and a sum of Rs. 5,000/- was given by him to his daughter on two occasions. However, the learned trial Court observed that these allegations were levelled for the first time when the said witness deposed before the Court and was duly confronted with earlier statement where no such allegations were made by the father, who stated so for the first time while stepping into the witness box. The said fact assumes significance because the statement of father of the petitioner was also recorded after seven months of the occurrence for which there is no explanation as to why statement was recorded at a belated stage.
#4 it is in the statement of Dr. Rajesh Kumar that Reema was taken to Tagore Hospital, Jalandhar by her husband and in-laws. It was observed that it is also a circumstance which should weigh in favour of the accused as normally, a criminal will not take the patient to hospital to keep victim alive if he had any intention to kill the victim.
#5 it has come in the testimony of Dr. Rajesh Kumar that petitioner herself had told the doctor that she has consumed the acid orally. Thus, the first statement, which was made to the doctor, the petitioner had admitted categorically that she had taken acid orally, which falsifies the entire prosecution story
#6 in the testimony of Dr. Vijay Mahan that if acid is administered forcibly, it is likely to cause some effect on other parts of the body. The Court observed that it is a matter of common knowledge that when a small child do not drink milk and if it is poured into his mouth from glass forcibly, in such circumstances, milk would always spill over other parts of body. However, there was no injury on the tongue or any part of mouth except swelling over the lips, which negates the story of forcible administration of poison
#7 the acid alleged to have been recovered was not sent to the Chemical Examiner for test nor was it produced before the Court. The stomach were not preserved and sent to the Chemical Examiner. Thus, taking into account the above facts, delay in the registration of case, inconsistencies and discrepancies in the statements of witnesses that the learned trial Court acquitted the respondents/accused
Earlier Supreme Court decision is here.
Dasam Vijay Rama Rao Vs M.Sai Sri on 17 June, 2015
Hon’ble of Andhra Pradesh High Court has allowed permission for a GPA of a petitioner, to represent the petitioner and depose on his behalf in the court of law.
In view of the above clear cut pronouncement, it is evident that a GPA holder can depose and also lead evidence on behalf of his principal.
Learned Family Court Judge also appears to have entertained an apprehension as to whether the Family Court can entertain an application presented by a legal practitioner in view of the provision contained in Section 13 of the Family Courts Act, 1984.
From the very preamble of the Family Courts Act, 1984, one would gather that every endeavour is required to be made by the Family Court to assist the parties in arriving at a speedy settlement of disputes relating to the marriage and/or family affairs. That explains the reason Section 9 of the said Act provided for an appropriate legal environment for settlement of the disputes in an amicable manner. The parties are not only required to be assisted, but also required to be persuaded by the Judge in arriving at a settlement while keeping in view the importance of protecting and preserving the institution of the marriage between the parties. To the extent possible, the Family Court is required to utilize its skills and wisdom gained over long period of time by careful study of the ills of the society and then finding suitable cure for them and hence, the Family court must try to bring about a reconciliation of the disagreements persisting between the parties. However, when two parties to a marriage come before a Family Court and ask for dissolution of their marriage by mutual consent under Section 13-B of Hindu Marriage Act, 1955, the Court is required to adjourn the motion moved by both parties by a period not earlier than six months, as per sub Section 2 of Section 13-B of the Hindu Marriage Act. Further, Sub Section 2 requires that the Court shall, on being satisfied, after hearing the parties and after making such enquiry as it thinks fit with regard to the averments in the petition are true, pass a decree of divorce declaring the marriage to be dissolved with effect from the date of such decree. Therefore, there may have been a genuine apprehension in the mind of the Family Court Judge as to whether there is any possibility of reconciliation between the parties or change of mind with regard to consent expressed earlier for such dissolution, when the petition is returned by it.
Keeping the very object behind the Family Courts Act, 1984, read with the spirit behind Section 13-B of the Hindu Marriage Act, the Family Court could have entertained the interlocutory application in as much as legal practitioners are not totally forbidden from rendering assistance to the Family Court. One of the reasons why Section 13 of the Family Courts Act, 1984, declared that no party to a suit or proceeding shall be entitled as of right to be represented by a legal practitioner sans technicalities or legal necessities, the parties must be helped by the Court to reconcile the disputes persisting between them. Unlike a traditional setup of the Court, where the Presiding Judge has to maintain not only an equiy distance between the parties to a lis, but also maintain a sense of impartiality towards the cause of both sides and essentially was required to maintain an arms length distance from the parties, in a Family Court, the Judge is donning the robes of a facilitator, a mentor and an expert counselor. A slight tilt in the approach to one of the parties in a Family Court, depending upon the facts and circumstances prevailing in the case and if the ends of justice would be better served by dosing so, is allowable. The emphasis being laid upon essentially preserving the institution and interest of the marriage and the welfare and well-being of the parties etc. Hence, the Family Court is entitled to receive, examine and act upon an affidavit filed by one of the parties before it, acting through a GPA. A petition moved in that regard is maintainable.
Finally,
I am, therefore, of the opinion that the Family Courts are entitled to ascertain the views of the parties and for that purpose adjourning a case by a reasonable period is not to be frowned upon. But, however, if one of the parties, like in the present case, appears before the Family court and expresses no objection for an affidavit of the other party to be taken on record and is not desirous of cross examining the deponent of the affidavit, the Family Court cam entertain, unhesitatingly any such move/application.
Increasingly Family Courts have been noticing that one of the parties is stationed abroad. It may not be always possible for such parties to undertake trip to India, for variety of good reasons. On the intended day of examination of a particular party, the proceedings may not go on, or even get completed possibly, sometimes due to preoccupation with any other more pressing work in the Court. But, however, technology, particularly, in the Information sector has improved by leaps and bounds. Courts in India are also making efforts to put to use the technologies available. ‘Skype’ is one such facility, which is easily available. Therefore, the Family Courts are justified in seeking the assistance of any practicing lawyer to provide the necessary skype facility in any particular case. For that purpose, the parties can be permitted to be represented by a legal practitioner, who can bring a mobile device. By using the skype technology, parties who are staying abroad can not only be identified by the Family Court, but also enquired
about the free will and consent of such party. This will enable the litigation costs to be reduced greatly and will also save precious time of the Court. Further, the other party available in the Court can also help the Court in not only identifying the other party, but would be able to ascertain the required information.
Citations : [2015 ALD 4 757], [2015 ALT 5 150], [2015 AIR AP 191]
Other Sources :
https://indiankanoon.org/doc/123683887/
https://www.casemine.com/judgement/in/5608f8e1e4b01497111439d9
