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Shades of Knife

True Colors of a Vile Wife

Tag: PWDV Act – 1 Year Limitation From Date Of Last Offence

N.Prasad Vs Harithalakshmi on 20 Jul 2020

Posted on January 6, 2021 by ShadesOfKnife

Based on Inderjit Singh Grewal here, PWDV Act is subject to CrPC 468, so complaint filed after 1 year are time barred, hence the DVC is quashed by Madras High Court.

N.Prasad Vs Harithalakshmi on 20 Jul 2020

Citations : [2020 SCC OnLine Mad 1767]

Other Sources :

https://indiankanoon.org/doc/108935797/

Madras HC | Limitation provided under CrPC is applicable to complaints under Domestic Violence Act: Court rejects complaint filed after lapse of 1 yr 10 months

Posted in High Court of Madras Judgment or Order or Notification | Tagged 1-Judge Bench Decision CrPC 468 - Bar to taking cognizance after lapse of the period of limitation Inderjit Singh Grewal Vs State Of Punjab and Anr N. Prasad Vs Harithalakshmi PWDV Act - 1 Year Limitation From Date Of Last Offence PWDV Act - DV Case Quashed | Leave a comment

J.Shyam Babu Vs The State Of Telangana on 9 February, 2017

Posted on June 17, 2018 by ShadesOfKnife

In this judgment, Justice B.Siva Sankara Rao has ruled that the 1 year limitation as applicable to DV Cases is only for Cognizance of the case, and thereby affirmed that this aspect has to be brought up before cognizance is taken of the case by the court, not once proceedings have started.

Interesting Point !!!

J.Shyam Babu vs The State Of Telangana on 9 February, 2017
Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged J.Shyam Babu Vs The State Of Telangana PWDV Act - 1 Year Limitation From Date Of Last Offence PWDV Act - Time Limitation Applies Only for Taking Cognizance | 2 Comments

Santosh Kumar Vs State Of Bihar & Anr on 6 October, 2017

Posted on June 17, 2018 by ShadesOfKnife

Another gem of a judgment this time from Hon’ble Patna High Court. No DV Case maintainable after 1 year of alleged offence of Domestic Violence.

 

Santosh Kumar vs State Of Bihar & Anr on 6 October, 2017

Citation: 2018 CRI.L.J.1553

Indiankanoon.org link: https://indiankanoon.org/doc/82100178/


 

Posted in High Court of Patna Judgment or Order or Notification | Tagged PWDV Act - 1 Year Limitation From Date Of Last Offence PWDV Act - DV Case Quashed | Leave a comment

Inderjit Singh Grewal Vs State Of Punjab & Anr on 23 August, 2011

Posted on May 19, 2018 by ShadesOfKnife

This is a wonderful judgment from Hon’ble Supreme Court whereby the knife filed a case under Protection of Women from Domestic Violence Act and approached the Hon’ble court with unclean hands and committed fraud upon the Hon’ble.

Key (Tricky) Highlight around applicability of CrPC but not Sec 468 CrPC:

24. Submissions made by Shri Ranjit Kumar on the issue of limitation, in view of the provisions of Section 468 Cr.P.C., that the complaint could be filed only within a period of one year from the date of the incident seem to be preponderous in view of the provisions of Sections 28 and 32 of the Act 2005 read with Rule 15(6) of The Protection of Women from Domestic Violence Rules, 2006 which make the provisions of Cr.P.C. applicable and stand fortified by the judgments of this court in Japani Sahoo v. Chandra Sekhar Mohanty, AIR 2007 SC 2762; and Noida Entrepreneurs Association v. Noida & Ors., (2011) 6 SCC 508.

Inderjit Singh Grewal vs State Of Punjab & Anr on 23 August, 2011

Citations : [2011 ANJ SC SUPP 2 90], [2012 CRLJ SC 309], [2012 ALLMR CRI SC 369], [2011 CRIMES SC 4 51], [2011 SUPREME 6 181], [2011 RCR CIVIL SC 4 129], [2011 RCR CRIMINAL SC 4 1], [2011 SCC 12 588], [2011 SLT 6 434], [2011 AIOL 597], [2011 SCALE 9 295], [2011 JT 11 177], [2012 SCC CRI 2 614], [2011 ACR SC 3 3544], [2011 DMC SC 3 7], [2011 KCCR 4 3283], [2011 KLJ 3 40], [2011 KLT SN 4 69], [2011 NCC 2 544], [2011 SCR 10 557], [2011 UC 3 1758], [2012 SCC CIV 2 742]

Other Sources :

https://indiankanoon.org/doc/1337239/

https://www.casemine.com/judgement/in/5609af03e4b014971141557d


Another previous judgment cited in this judgment is available here.


Index DV case laws is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations Inderjit Singh Grewal Vs State Of Punjab and Anr IPC 191 - Giving false evidence IPC 193 - Punishment for false evidence IPC 40 - “Offence” IPC 43 - “Illegal” Landmark Case Legal Procedure Explained - Interpretation of Statutes Mutual Consent Divorce Order Quashed Perjury - Approached Court with Unclean Hands Protection of Women from Domestic Violence Act 2005 PWDV Act - 1 Year Limitation From Date Of Last Offence PWDV Act Sec 12 - Domestic Violence Application to Magistrate | Leave a comment

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