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Tag: 2-Judge (Division) Bench Decision

Vishnu Kumar Shukla and Anr Vs State of UP and Anr on 28 Nov 2023

Posted on August 28 by ShadesOfKnife

A division bench of Apex Court held as follows,

From Para 18,

18. With great respect, we express our reservations in fully acceding to what has been stated above. If Paragraph 8 of Minakshi Bala (supra) is accepted as it is, the necessary concomitant would be that despite examining the matter in detail, a Court would find its wings clipped to intercede. This would amount to forcing a person to stand trial, even when the overwhelming material points to his/her innocence. Obviously, the hands of a Court ought not to be tied down, and especially not by a higher Court, and moreso not against liberty. Paragraph 7 of Minakshi Bala (supra) does enable examining unimpeachable documents. We are conscious that Minakshi Bala (supra) has been followed in later decisions by the Court. However, we have chosen to survey the precedents further, and then decide on the road we wish to take13.

From Para 23,

23. On a careful conspectus of the legal spectrum, juxtaposed with our view on the facts and merits expressed hereinbefore, we are satisfied that there is no suspicion, much less strong or grave suspicion that the appellants are guilty of the offence alleged. It would be unjustified to make the appellants face a full-fledged criminal trial in this backdrop. In an appeal dealing with the refusal of the High Court to quash an FIR under Section 482, CrPC albeit, this Court, while setting aside the judgment impugned therein and quashing that FIR, took the view that ‘…the Appellants are to be protected against vexatious and unwarranted criminal prosecution, and from unnecessarily being put through the rigours of an eventual trial.’15 The protection against vexatious and unwanted prosecution and from being unnecessarily dragged through a trial by melting a criminal proceeding into oblivion, either through quashing a FIR/Complaint or by allowing an appeal against an order rejecting discharge or by any other legally permissible route, as the circumstances may be, in the deserving case, is a duty cast on the High Courts. The High Court should have intervened and discharged the appellants. But this Court will intervene, being the sentinel on the qui vive.

Vishnu Kumar Shukla and Anr Vs State of UP and Anr on 28 Nov 2023

Citations: [2023 INSC 1026]

Other Sources:

https://indiankanoon.org/doc/116206067/

https://www.casemine.com/judgement/in/656640526a2cb672cb216f82

https://www.legitquest.com/case/vishnu-kumar-shukla-anr-v-the-state-of-uttar-pradesh-anr/78CC31

https://www.indianemployees.com/judgments/details/vishnu-kumar-shukla-versus-the-state-of-uttar-pradesh

SUPREME COURT HOLDS THAT IT IS THE DUTY OF THE HIGH COURTS TO QUASH THE UNWANTED AND VEXATIOUS CRIMINAL PROCEEDINGS

https://www.livelaw.in/supreme-court/supreme-court-ruling-discharge-application-high-court-section-482-crpc-minakshi-bala-vs-sudhir-kumar-243296

VISHNU KUMAR SHUKLA VS THE STATE OF UTTAR PRADESH

 


Index

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Catena of Landmark Judgments Referred/Cited to Contradicts Previous Precedent CrPC 227 - Discharge CrPC 227 - Discharged CrPC 239 - Discharge Rejection is Set Aside CrPC 239 - When accused shall be discharged Disagrees with Views of Other High Courts or Benches of Supreme Court Reportable Judgement or Order Vishnu Kumar Shukla and Anr Vs State of UP and Anr | Leave a comment

Sharif Ahmed and Anr Vs State of UP and Anr on 01 May 2024

Posted on August 23 by ShadesOfKnife

A division bench of the Apex Court held that ‘he role played by the accused in the crime should be separately and clearly mentioned in the chargesheet, for each of the accused persons‘.

From Paras 26 to 31, [Importance of clear and complete entries of all columns in the chargesheet so that the court can clearly understand which crime has been committed by which accused]

26. The object and purpose of the police investigation is manyfold. It includes the need to ensure transparent and free investigation to ascertain the facts, examine whether or not an offence is committed, identify the offender if an offence is committed, and to lay before the court the evidence which has been collected, the truth and correctness of which is thereupon decided by the court.
27. In H.N. Rishbud and Inder Singh v. State of Delhi21, this Court notes that the process of investigation generally consists of: 1) proceeding to the concerned spot, 2) ascertainment of facts and circumstances, 3) discovery and arrest, 4) collection of evidence which includes examination of various persons, search of places and seizure of things, and 5) formation of an opinion on whether an offence is made out, and filing the chargesheet accordingly. The formation of opinion is therefore the culmination of several stages that an investigation goes through. This Court in its decision in Abhinandan Jha and Others v. Dinesh Mishra22 states that the submission of the chargesheet or the final report is dependent on the nature of opinion formed, which is the final step in the investigation.
28. The final report has to be prepared with these aspects in mind and should show with sufficient particularity and clarity, the contravention of the law which is alleged. When the report complies with the said requirements, the court concerned should apply its mind whether or not to take cognisance and also proceed by issuing summons to the accused. While doing so, the court will take into account the statement of witnesses recorded under Section 161 of the Code and the documents placed on record by the investigating officer.
29. In case of any doubts or ambiguity arising in ascertaining the facts and evidence, the Magistrate can, before taking cognisance, call upon the investigating officer to clarify and give better particulars, order further investigation, or even record statements in terms of Section 202 of the Code.
30. Our attention has been drawn to the format prescribed for the State of Uttar Pradesh, which by column 16 requires the investigating officer to state brief facts of the case. In addition, the State of Uttar Pradesh has issued a circular dated 19.09.2023, which refers to an earlier circular bearing No. 59 of 2016 dated 20.10.2016, and states that the investigation provisions contained in the Code and the police regulations with reference to Section 173 of the Code are not being consistently complied with and followed by the investigating officers and the supervising officers. The need to provide lead details of the offence in the chargesheet is mandatory as it is in accord with paragraph 122 of the police regulations. Similar directions were issued on 09.09.2022 following the direction of the High Court of Judicature at Allahabad that brief narration of the material collected during investigation, which forms the opinion of the investigating officer, should be mentioned in the chargesheet.
31. Therefore, the investigating officer must make clear and complete entries of all columns in the chargesheet so that the court can clearly understand which crime has been committed by which accused and what is the material evidence available on the file. Statements under Section 161 of the Code and related documents have to be enclosed with the list of witnesses. The role played by the accused in the crime should be separately and clearly mentioned in the chargesheet, for each of the accused persons.

From Para 46, Wow, Totally ignored Satender Kumar Antil

46. We, however, would allow the present appeal to the extent that the non-bailable warrants issued against Manager Singh are unsustainable and should be quashed. It is a settled position of law that non-bailable warrants cannot be issued in a routine manner and that the liberty of an individual cannot be curtailed unless necessitated by the larger interest of public and the State. While there are no comprehensive set of guidelines for the issuance of non-bailable warrants, this Court has observed on several occasions that non-bailable warrants should not be issued, unless the accused is charged with a heinous crime, and is likely to evade the process of law or tamper/destroy evidence.

From Para 47,

47. Further, the observation that there is no provision for granting exemption from personal appearance prior to obtaining bail, is not correct, as the power to grant exemption from personal appearance under the Code31 should not be read in a restrictive manner as applicable only after the accused has been granted bail. This Court in Maneka Sanjay Gandhi and Another v. Rani Jethmalani32 held that the power to grant exemption from personal appearance should be exercised liberally, when facts and circumstances require such exemption.33 Section 205 states that the Magistrate, exercising his discretion, may dispense with the personal attendance of the accused while issuing summons, and allow them to appear through their pleader. While provisions of the Code are considered to be exhaustive, cases arise where the Code is silent and the court has to make such order as the ends of justice require. In such cases, the criminal court must act on the principle, that every procedure which is just and fair, is understood as permissible, till it is shown to be expressly or impliedly prohibited by law.34

 

Sharif Ahmed and Anr Vs State of UP and Anr on 01 May 2024

Citations: [2024 INSC 363]

Other Sources:

https://indiankanoon.org/doc/13608821/

https://www.livelaw.in/supreme-court/chargesheet-must-contain-clear-complete-entries-specify-role-of-each-accused-witness-statements-be-enclosed-with-it-supreme-court-256699

https://www.indianemployees.com/judgments/details/sharif-ahmed-and-another-versus-state-of-uttar-pradesh-and-another

https://www.verdictum.in/court-updates/supreme-court/sharif-ahmed-v-state-of-uttar-pradesh-2024-insc-363-chargesheet-aspects-explained-1533473

Sharif Ahmad & Another v. State of Uttar Pradesh Home DepartmentSecretary (2024)

https://verdictchronicles.plreview.net/index.php?p=show_detail&id=39&keywords=

https://testbook.com/landmark-judgements/sharif-ahmad-vs-the-state-of-uttar-pradesh-home-department-secretary


Index of Antics of Police Personnel in India here. NBW Judgements is here. Exemption from Personal Appearance Judgments is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Catena of Landmark Judgments Referred/Cited to CrPC 173 - Report of Police Officer on Completion of Investigation Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order Sharif Ahmed and Anr Vs State of UP and Anr | Leave a comment

Ishwar Chand Sharma and Ors Vs State of U.P. on 29 May 2026

Posted on July 26 by ShadesOfKnife

A division bench of Apex Court passed this reportable judgment.

 

From Para 10.2,

10.2 It is pertinent to underscore the important role played by the legal fraternity in bringing down the overall pendency of the cases in the Family Courts and criminal cases which are an adjunct to matrimonial disputes by weeding out unimportant and vexatious proceedings undertaken in pursuance of a personal vendetta by unscrupulous litigants so as to fillip attention of the courts towards genuine litigation and pressing issues and adjudication of claims. This would lead to increasing the overall efficiency and disposal of cases while at the same time preventing infraction of the interests of justice and abuse of process of law.

Ishwar Chand Sharma and Ors Vs State of U.P. on 29 May 2026

Citations: [2026 INSC 587]

Other Sources:

 


Index of Quash Judgments here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Abuse Or Misuse of Process of Court Advocate Antics CrPC 482 – Criminal Proceeding Quashed CrPC 482 – FIR Quashed CrPC 482 – IPC 498A Quashed Ishwar Chand Sharma and Ors Vs State of U.P. Judiciary Antics Reportable Judgement or Order | Leave a comment

Prabhakar Yeshwant Masram and Anr Vs Sou Tula Namdeorao Jaipurkar and Anr on 21 Jul 2026

Posted on July 26 by ShadesOfKnife

A division bench of Supreme Court held that, ‘Typographical Errors In Pleadings Cannot Trigger Proceedings U/S 340 CrPC Unless They Amount To Deliberate Falsehood’ and ‘Wrong Statement’ In Pleadings Not Necessarily A ‘False Statement’.

Note: This is a Criminal Appeal filed in 2015, got disposed in 2026. A full 12 years… Hope the parties are still alive. Right to speedy trail seems to be a myth in India.

From Para 7,

It is by now settled that while entertaining proceedings under Section 340 of the Cr.P.C., it must be borne in mind that the material produced before the Court ought to make out a prima facie case for an inquiry to be made into an offence referred to in Section 195(1)(b) of the Penal Code. Further, the Court has to also consider whether it is expedient in the interest of justice that such inquiry should be made into the alleged offence. Reference in this regard can be usefully made to the decision of the Constitution Bench in Iqbal Singh Marwah and another Vs. Meenakshi Marwah and another9.

From Para 10,

10. A reading of the aforesaid observations clearly indicates that the Court was prima facie satisfied that ‘wrong statements’ had been made by the defendant and his learned counsel in the miscellaneous appeal and, hence, a prima facie case for lodging a complaint had been made out.

From Para 11,

11. From the aforesaid provisions, it becomes clear that what is punishable is the giving of ‘false evidence’ under Section 193 or making of a ‘false statement’ under Section 199. What is thus required at the stage of directing initiation of proceedings for an offence punishable under the said provisions is a prima facie case of having given ‘false evidence’ or making a ‘false statement’ in a declaration which by law is receivable as evidence. As noted above, the Court for the purposes of directing the filing of a complaint recorded its prima facie satisfaction that ‘wrong statements’ had been made in the memorandum of appeal and the application for stay preferred by the defendant that was filed through his learned counsel. The order dated 19.01.2006 directing lodging of a complaint does not record any prima facie satisfaction that ‘false statement’ had been made in the aforesaid proceedings. There is a material difference between making a ‘wrong statement’ and ‘false statement’ in the context of Sections 199 and 200 of the Penal Code. A ‘wrong statement’ of fact may not always have the character of a ‘false statement’. While making of a ‘wrong statement’ may not fall within the ambit of Sections 199 and 200 of the Penal Code, a ‘false statement’ would qualify as relevant material for being considered as an offence under the said provisions. The threshold for initiating action for an offence punishable under Sections 199 and 200 of the Penal Code is the making of a ‘false statement’ and not the making of a ‘wrong statement’. It is so because a ‘false statement’ denotes a deliberate intention in making such statement; in other words, it is a wrongful or erroneous statement made intentionally to gain an undue advantage. Thus, the basic premise on which the Court proceeded to direct a complaint to be filed is erroneous and it does not satisfy the necessary threshold. It is, therefore, clear that no prima facie satisfaction was recorded by the Court that ‘false statements’ were made by the defendant and his learned counsel in the memorandum of appeal and in the application for stay, warranting initiation of proceedings for the offence punishable under Sections 193, 199 and 200 of the Penal Code.

From Para 12,

12. It is also pertinent to note that the Court failed to record its satisfaction that it was expedient in the interest of justice that an inquiry should be made into the alleged offence in view of such statements. Without recording any satisfaction that it was indeed expedient in the interest of justice to hold an enquiry, such a direction was issued. Section 340 (1) of the Cr.P.C. mandates that a Court before directing an inquiry to be made into any offence referred to in Section 195 (1) (b) of the Penal Code, it should form an opinion that it is expedient in the interests of justice that such inquiry is in fact necessary. This would indicate that on the mere making of a ‘wrong statement’, an inquiry cannot be ordered. The forming of an opinion by the Court that holding of an inquiry is in fact expedient in the interests of justice is also a must. Ordering an inquiry without formation of any opinion as required by Section 340 (1) of the Cr.P.C. would render the order bad in law being not in accordance with the mandate of Section 340 (1).

From Para 13,

13. The High Court in the appeal preferred by the appellants challenging the order directing initiation of criminal proceedings proceeded to record its satisfaction that the appellants had filed a false affidavit in support of the application for stay. Such prima facie finding not having been recorded by the court of first instance, the High Court in the appeal preferred by the appellants challenging that order could not have recorded such finding, especially when the plaintiffs had not challenged the said order. The appellants could not have been placed in a worse position by preferring an appeal. The court of first instance having prima facie found that it was a case of making ‘wrong statements’, the High Court went on to record a finding that the appellants had in fact filed a false affidavit. Further, the High Court also recorded a finding as to the expediency of filing a complaint in the interests of justice. This finding was absent in the original order. The High Court has, thus, proceeded to improve the impugned order in an appeal preferred by the appellants, who were in fact aggrieved by the same. Such course is not permissible in law.

From Para 14,

14. We may also note that the application under Section 340 of the Cr.P.C. came to be filed by the plaintiffs on 27.04.2005. Much prior thereto, on 20.09.2004 the defendant through his learned counsel moved an application seeking correction of the typing mistakes in the memorandum of appeal as well as the application for stay.

From Para 17,

17. Before parting, it may be noted that the Constitution Bench in Iqbal Singh Marwah and another (supra) was of the view that a direction for filing of a complaint normally ought not to be made during the pendency of the substantive proceedings before the Court but only when the proceedings conclude and the final judgment is rendered. The object is clear inasmuch as the main proceedings ought to be proceeded with and decided instead of diverting them with the aid of Section 340 of the Cr.P.C. It is noticed that at times, the aid of Section 340 of the Cr.P.C. is sought to be taken merely to delay the adjudication of the substantive proceedings, as also in the present case. The dictum of the Constitution Bench, thus, ought to be borne in mind by the Courts.

Prabhakar Yeshwant Masram and Anr Vs Sou Tula Namdeorao Jaipurkar and Anr on 21 Jul 2026

Citations: [2026 INSC 724]

Other Sources:

https://indiankanoon.org/doc/25151633/

https://www.casemine.com/judgement/in/6a5f599e5fc2952542506833

https://www.livelaw.in/supreme-court/wrong-statement-in-pleadings-not-necessarily-a-false-statement-supreme-court-quashes-perjury-case-542312

https://www.verdictum.in/supreme-court/prabhakar-yeshwant-masram-and-another-v-sou-tula-namdeorao-jaipurkar-and-another-2026-insc-724-1618292

The Perjury Threshold: Evaluating Wrong Statements in Pleadings


Index of Perjury Judgments here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Catena of Landmark Judgments Referred/Cited to CrPC 340 - Dismissed/Rejected Perjury Under Section 340 CrPC Prabhakar Yeshwant Masram and Anr Vs Sou Tula Namdeorao Jaipurkar and Anr Reportable Judgement or Order | Leave a comment

Prahlad Singh Bhati Vs N.C.T. Delhi and Anr on 23 Mar 2001

Posted on July 12 by ShadesOfKnife

A division bench of Supreme Court held as follows,

The jurisdiction to grant bail has to be exercised on the basis of well settled principles having regard to the circumstances of each case and not in an arbitrary manner. While granting the bail, the court has to keep in mind the nature of accusations, the nature of evidence in support thereof, the severity of the punishment which conviction will entail, the character, behaviour, means and standing of the accused, circumstances which are peculiar to the accused, reasonable possibility of securing the presence of the accused at the trial, reasonable apprehension of the witnesses being tampered with, the larger interests of the public or State and similar other considerations. It has also to be kept in mind that for the purposes of granting the bail the Legislature has used the words “reasonable grounds for believing” instead of “the evidence” which means the court dealing with the grant of bail can only satisfy it as to whether there is a genuine case against the accused and that the prosecution will be able to produce prima facie evidence in support of the charge. It is not excepted , at this stage, to have the evidence establishing the guilt of the accused beyond reasonable doubt.

Further,

The mere initial grant of anticipatory bail for lesser offence, did not entitle the respondent to insist for regular bail even if he was subsequently found to be involved in the case of murder. Neither Section 437(5) nor Section 439(1) of the Code was attracted. There was no question of cancellation of bail earlier granted to the accused for an offence punishable under Sections 498A, 306 and 406 IPC. The Magistrate committed a irregularity by holding that “I do not agree with the submission made by the Ld.Prosecutor in as much as if we go by his submissions then the accused would be liable for arrest every time the charge is altered or enhanced at any stage, which is certainly not the spirit of law”. With the change of the nature of the offence, the accused becomes disentitled to the liberty granted to him in relation to a minor offence, if the offence is altered for an aggravated crime. Instead of referring to the grounds which entitled the respondent-accused the grant of bail, the Magistrate adopted a wrong approach to confer him the benefit of liberty on allegedly finding that no grounds were made out for cancellation of bail.

Finally,

We would reiterate that in cases where the offence is punishable with death or imprisonment for life which is triable exclusively by a court of Sessions, the Magistrate may, in his wisdom, refrain to exercise the powers of granting the bail and refer the accused to approach the higher courts unless he is fully satisfied that there is no reasonable ground for believing that the accused has been guilty of an offence punishable with death or imprisonment for life.

Prahlad Singh Bhati Vs N.C.T. Delhi and Anr on 23 Mar 2001

Prahlad Singh Bhati Vs N.C.T. Delhi and Anr on 23 Mar 2001 (INSC)

Citations:

Other Sources:

https://indiankanoon.org/doc/1067439/

https://www.casemine.com/judgement/in/5609ada1e4b0149711411eb9


Index of Anticipatory Bail Judgments is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision CrPC Sec 438 - Anticipatory Bail Landmark Case Legal Procedure Explained - Interpretation of Statutes Prahlad Singh Bhati Vs N.C.T. Delhi and Anr Reportable Judgement or Order | Leave a comment

Pooja Ramesh Singh Vs JnK Bank and Anr on 02 Jul 2026

Posted on July 8 by ShadesOfKnife

A division bench of Apex Court was surprised to know that fake judgments mentioned in NCLT Judgment were not caught by NCLAT.

From Paras 15 and 16,

15. It is not in dispute that the judgments relied upon by the NCLT are non-existent, and some AI-generated paragraphs are wrongly attributed to genuine citations. An independent examination undertaken by us reveals the following about the judgments relied upon by the adjudicating authority: State Bank of India v. M/s Shree Ram Urban Infrastructure Ltd., 2020 SCC OnLine SC 341 (cited in para 44 of NCLT judgment) – Wrong citation of an existing reported judgment6 and a non-existent paragraph, Everest Kento Cylinders Ltd. v. Union of India (2015) 2 SCC 1 (cited in para 45 of NCLT judgment) – Correct citation but nonexistent paragraph, ICICI Bank Ltd. v. Urban Infrastructure Real Estate Ltd., (2019) 16 SCC 528 (cited in para 47 of NCLT judgment) – Nonexistent citation, V.S. Dempo & Co. Ltd. v. Reliance Communications Ltd., (2021) 10 SCC 176 (cited in para 49 of NCLT judgment) – Nonexistent citation, Canara Bank v. N.G. Subbaraya Setty & Anr., (2018) 16 SCC 228 (cited in para 51 of NCLT judgment) – Correct citation but non-existent paragraph and Sarbjit Singh v. Union Bank of India, (2022) 7 SCC 464 (cited in para 53 of NCLT judgment) – Non-existent citation.
16. Respondent No. 1 has filed an affidavit indicating that the alleged judgments relied on by NCLT were not cited by its counsel at the bar. The affidavit also indicates that the so-called precedents relied on by the adjudicating authority were obtained through its own research. What about the Appellate Tribunal? The fake, non-existent judgments escaped scrutiny by the first statutory appellate tribunal. Today’s courts and tribunals implicitly trust lawyers when referring to precedents cited before them. Imagine the hardship of a situation in which the Court must verify the authenticity of each judgment cited by an advocate.

Pooja Ramesh Singh Vs JnK Bank and Anr on 02 Jul 2026

Citations:

Other Sources:

 


Index

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Artificial Intelligence Tools Judiciary Antics Pooja Ramesh Singh Vs JnK Bank and Anr Reportable Judgement or Order | Leave a comment

A.S.S.K.Durga Prasad Vs NCDRC and Ors on 24 Jun 2026

Posted on July 7 by ShadesOfKnife

A division bench of AP High Court held that Advocate services do not come under the ambit of Consumer Protection Act and as such litigation against such services is not maintainable.

From Para 4,

4. Learned Counsel for the petitioner could not satisfy about the maintainability of the complaint against an advocate for alleged deficiency in rendering legal services, under the Consumer Protection Act.
5. The law is well settled that an Advocate/lawyer in connection with the service rendered by him in legal side is not covered under the Consumer Protection Act.

Finally from Paras 9 and 10,

9. In Bar of Indian Lawyers (supra) the National Consumer Disputes Redressal Commission had taken a view that the deficiency of, in service rendered by an advocate fell under the Consumer Protection Act and that the compliant was maintainable. The Hon‘ble Apex Court held that the view taken was not correct and set aside the order of National Consumer Dispute Redressal Commission. It was held as under:
―82. Accordingly, the view taken by the NCDRC to the effect that in respect of deficiency in service rendered by the lawyers, a complaint in Consumer
Protection Act, 1986 would be maintainable, is incorrect and stands overruled.
10. In view of the aforesaid, we are of view that the complaint filed by the writ petitioner against the lawyer/advocate under the Consumer Protection Act was not maintainable. The same has rightly been dismissed. No interference is required with all the three orders impugned in the writ petition.

A.S.S.K.Durga Prasad Vs NCDRC and Ors on 24 Jun 2026

Citations:

Other Sources:

 


Index

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision A.S.S.K.Durga Prasad Vs NCDRC and Ors Advocate Antics Advocate services are not within the abmit of Consumer Protection Act 2019 Catena of Landmark Judgments Referred/Cited to Maintainability Under Consumer Protection Act | Leave a comment

Ayush Bajpai Vs State of U.P. and Ors 25 Jun 2026

Posted on July 6 by ShadesOfKnife

A division bench of Allahabad High Court held as follows,

The other aspect, in this case, is that the petitioner is an Advocate. He can be paid his fee by the Government, by a respectable man or a man who is not so respectable. An Advocate could be defending an accused who is indeed involved in a big scam or fraud but when fee is remitted by such an accused to his learned Counsel in account the money cannot be said to be proceeds of crime. It is the lawful remuneration of the learned counsel which would be duly earned after the engagement is discharged. If for the remittance of any sum of money, an Advocate’s account is frozen describing it as a cyber fraud or the money as proceeds of a cyber fraud or other crime it could become very difficult for Advocates to discharge their professional duties under the Advocates Act. The functioning of the Court itself would be embarrassed.
Let the Additional Chief Secretary (Home), U.P., Lucknow file his own affidavit within two weeks on the issue indicating how seizure of an Advocate’s account, made by sundry officers of the Police, is to be dealt with so as not to interfere with dispensation of justice itself in Courts. It would be quite a different matter, if an Advocate is himself involved in a criminal offence and has credits of money to his account that are proceeds of his own crime.

Ayush Bajpai Vs State of U.P. and Ors 25 Jun 2026

Citations:

Other Sources:

 

https://lawtrend.in/advocates-fee-cannot-be-treated-as-proceeds-of-crime-merely-because-client-is-accused-allahabad-high-court/

https://www.livelaw.in/high-court/allahabad-high-court/allahabad-hc-advocate-professional-fee-accused-not-proceeds-of-crime-bank-freeze-539449


Index

Posted in High Court of Allahabad Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Advocate Antics Ayush Bajpai Vs State of U.P. and Ors Professional Advice of Advocate | Leave a comment

Mohanlal Shamij Soni Vs UOI and Anr on 22 Feb 1991

Posted on July 6 by ShadesOfKnife

A division bench of the Apex Court held that under section 311 of Cr.P.C. (read along with the Section 165 of Evidence Act), a Criminal Court has wide power to summon any person as witness, at any stage of the case, even after completion of defence evidence and argument stages.

From Para 9,

9. The very usage of the words such as ‘any court’, ‘at any stage’, or ‘of any enquiry, trial or other proceedings’, ‘any person’ and ‘any such person’ clearly spells out that this section is expressed in the widest possible terms and do not limit the discretion of the court in any way. However, the very width requires a corresponding caution that the discretionary power should be invoked as the exigencies of justice require and exercised judicially with circumspection and consistently with the provisions of the Code. The second part of the section does not allow for any discretion but it binds and compels the court to take any of the aforementioned two steps if the fresh evidence to be obtained is essential to the just decision of the case.

Mohanlal Shamij Soni Vs UOI and Anr on 22 Feb 1991

Citations: [AIR 1991 SC 1346], [1991 CRILJ 1521], [1991 (1) CRIMES 818(SC)], [1991 (33) ECC 18], [1992 (61) ELT 521(SC)], [1991 (1) SCALE 401], [1991 SUPP (1) SCC 271], [1991 (2) UJ 43 (SC)], [1991 SCC(CRI) 595], [1992 CRIAPPR(SC) 73], [1991 (1) SCR 712], [1991 (1) GUJLH 11], [1991 (3) JT 17], [(1991) ALLCRIR 725], [(1992) SC CR R 51], [1991 CRILR(SC MAH GUJ) 286], [1992 CHANDLR(CIV&CRI) 421], [(1992) 1 CHANDCRIC 78], [(1991) 33 ECC 18], [(1991) 2 GUJ LR 974], [(1991) 3 RECCRIR 182], [(1991) MADLW(CRI) 284], [(1997) 68 ECR 783]

Other Sources:

https://indiankanoon.org/doc/171510013/

https://www.casemine.com/judgement/in/5609ac6be4b014971140ed29


Index

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Catena of Landmark Judgments Referred/Cited to CrPC 311 - Power to summon material witness or examine person present Landmark Case Legal Procedure Explained - Interpretation of Statutes Mohanlal Shamij Soni Vs UOI and Anr Reportable Judgement or Order | Leave a comment

Sachin Arora Vs Manju Arora on 02 Jul 2026

Posted on July 4 by ShadesOfKnife

A division bench of Supreme Court was not interested to interfere with the Delhi High Court Judgment.

Sachin Arora Vs Manju Arora on 02 Jul 2026

Citations:

Other Sources:

https://www.livelaw.in/supreme-court/supreme-court-refuses-to-interfere-with-delhi-hc-order-allowing-wife-to-seek-husbands-hotel-cdr-records-to-prove-adultery-539935


The following is the impugned Delhi High Court Judgment. The husband may have to have a serious discussion with his Counsel at Family Court, where the Reply was filed with certain admissions. Thoroughly self-sabotaging style drafting! Now, his only shield is Cross Examination Stage to bring out the truth. Hope it is handled at least now professionally and properly.

From Para 19,

19. … Moreover, in his written statement filed before the learned Family Court, the petitioner had taken a totally contrary stand claiming that he had gone to Jaipur on an official trip along with his female colleague for which purpose two rooms were reserved in Hotel Fairmont. This in itself, he contends is sufficient to prima facie show that the petitioner in order to conceal his adulterous acts is trying to take contradictory stands before the learned Family Court to somehow prevent disclosure of the details regarding his stay in the hotel being well aware that this disclosure would in itself show adultery on his part. In support of his plea, he seeks to place to reliance on a decision of the Andhra Pradesh High Court in Civil Revision Petition No.2385 and 2466 of 2018 titled K Srinivas Rao vs Nalam Naga Kamala.

From Para 32,

32. … Furthermore, what needs to be noted that the petitioner has taken contradictory stands regarding the presence of his lady friend in the hotel. While in his written statement he has stated that he was on an official trip to Jaipur, along with his female colleague and therefore, two rooms were booked for them in Hotel Fairmont, in response to the application he has claimed that he met the lady friend by chance in the hotel as she was also co-incidentally staying there. The respondent is the estranged wife of the petitioner who obviously does not has any direct evidence of her husband indulging in acts of adultery. By resort to Section 14 of the Family Courts Act, she is, only trying to seek production of evidence which she reasonably believes will prove her charge of adultery which by its very nature can be inferred only from circumstances.

From Para 39,

39. From the aforesaid, it is evident that it has been repeatedly held by the Apex Court that the right to privacy, as enshrined under Article 21, is not an absolute right. In the present case, the Court has on the one side, a husband who is taking contradictory stands in his pleadings…

Sachin Arora Vs Manju Arora on 10 May 2023
Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Catena of Landmark Judgments Referred/Cited to Deepti Kapur Vs Kunal Julka Family Courts Act Sec 14 - Application of Indian Evidence Act 1872 Sachin Arora Vs Manju Arora | Leave a comment

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