web analytics

Menu

Skip to content
Shades of Knife
  • Home
  • True Colors of a Vile Wife
  • Need Inspiration?
  • Blog Updates
  • SOK Gallery
  • Vile News Reporter
  • About Me
  • Contact Me

Shades of Knife

True Colors of a Vile Wife

Tag: 2-Judge (Division) Bench Decision

AP State Election Commission Vs Government of Andhra Pradesh

Posted on January 21 by ShadesOfKnife

After the single bench judge passed a stay Order, SEC went to Vacation bench under a Writ Appeal. Vacation Bench did not find the reasons stated by SEC to hear it urgently palatable. So it adjourned the hearing to Regular Bench comprising Honourable the Chief Justice.

AP State Election Commission Vs Government of Andhra Pradesh on 12 Jan 2021

Then the Regular Division bench had set aside the stay order of single-bench judge. Some key snippets follow:

From Para 32 and 33,

32. By the order dated 08.01.2021, the State Election Commission had decided to fulfil its obligation to hold election, which is overdue by almost 2½ years. Thus, the Commissioner was acting on the legitimate exercise of power that he has. It is not explained to us how in pursuing a legitimate exercise, the Commissioner had been acting malafide in the sense of pursuing an illegitimate aim. In any event, the Court would be slow to draw adverse inference unless material of high order of credibility is placed before the Court regarding malafide, more so, when imputations are attributed to holder of an office discharging high responsibility such as the Commissioner of the State Election Commission.
33. The materials on record, including the letters referred to by the learned Advocate General, show that the Commissioner, State Election
Commission, had imputed motives to the State Government in the matter of holding of election, that too, in a somewhat intemperate language, which is best avoidable. Only because of the fact that the Commissioner had articulated that the State Government was not willing to have the election conducted during his tenure and that a senior political functionary of the ruling party was canvassing that elections would be held in the month of April or May, it cannot be readily accepted, as argued by the learned Advocate General, that just to make sure that election is held during his tenure and thus, to prove a point, the election is announced by him, unmindful of the ground realities.

From Para 39,

39. A perusal of the above would go to show that the Commissioner addressed the issue of vaccination programme as raised by the State Government. The Commissioner may not have agreed with the views expressed by the State Government in respect of holding of elections. But, as the consultation did take place, it cannot be said, as held by the learned single Judge, albeit prima facie, that the impugned order dated 08.01.2021 was not passed in consultation with the State Government in terms of the order of the Hon’ble Supreme Court passed in W.P.(C).No.437 of 2020 and the order of this Court in W.P.No.22900 of 2020. The learned single Judge did not assign any reasoning as to in which respects the Commission failed to consider the inputs supplied by the State Government objectively. No prima facie reasoning has also been assigned as to how the decision of the State Election Commission to conduct election hampers and creates hindrance in the vaccination process. It was the considered decision of the Commission that the objectives of the local body elections and vaccination programme could be harmonised and that Category-I and Category-II vaccinations will not affect the local body elections in any case and it is on the aforesaid premise, the Commission favoured completing the Gram Panchayat Elections before launch of Category-III vaccination which would account for more than 93.00 lakhs of people.

And then from Para 41, 42, 43, 44 and 45,

41. A perusal of the above would go to show, amongst others, that the Court must guard against any attempt at retarding, interdicting, protracting or stalling of the election proceedings.
42. In Kishansing Tomar (supra), the Hon’ble Supreme Court, in the context of the Municipalities, observed that the provision contained in Article 243-U was inserted to see that there should not be delay in the constitution of new municipality every five years and in order to avoid the mischief of delaying the process of election and allowing the nominated bodies to continue, the provision has been suitably added to the Constitution. In that circumstance, the Hon’ble Supreme Court emphasised that it is necessary for all the State Governments to recognize the significance of the State Election Commission, which is a constitutional body, and that they shall abide by the directions of the Commission in the same manner in which they follow the directions of the Election Commission of India during the elections for Parliament and State Legislatures. It was also observed that in the domain of elections to the Panchayats and the Municipal Bodies under Part IX and Part IX-A for the conduct of the elections to these bodies, they enjoy the same status as the Election Commission of India. It was reiterated that the words “superintendence, direction and control” as well as “conduct of elections” have been held to be in the “broadest of terms”. The Hon’ble Supreme Court laid down that powers of the State Election Commission in respect of conduct of elections is no less than that of the Election Commission of India in their respective domains and the State Election Commissions are to function independent of the State Governments concerned in the matter of their power of superintendence, direction and control of all elections and preparation of electoral rolls for, and the conduct of, all elections to the Panchayats and Municipalities.
43. To recapitulate, as held in Election Commission of India (supra), the ultimate decision as to whether it is possible and expedient to hold the elections at any given point of time must rest with the Election Commission. In Mohinder Singh Gill (supra), the Hon’ble Supreme Court had reiterated that discretion vested in a high functionary may be reasonably trusted to be used properly, not perversely. If it is misused, certainly the Court has the power to strike down the act.
44. It would also be appropriate, at this stage, to take note of paragraphs 27 and 28 of Kishansing Tomar (supra):
“27. Article 243-K(3) also recognises the independent status of the State Election Commission. It states that upon a request made in that behalf the Governor shall make available to the State Election Commission “such staff as may be necessary for the discharge of the functions conferred on the State Election Commission by clause (1)”. It is accordingly to be noted that in the matter of the conduct of elections, the Government concerned shall have to render full assistance and cooperation to the State Election Commission and respect the latter’s assessment of the needs in order to ensure that free and fair elections are conducted.
28. Also, for the independent and effective functioning of the State Election Commission, where it feels that it is not receiving the cooperation of the State Government concerned in discharging its constitutional obligation of holding the elections to the panchayats or municipalities within the time mandated in the Constitution, it will be open to the State Election Commission to approach the High Courts, in the first instance, and thereafter the Supreme Court for a writ of mandamus or such other appropriate writ directing the State Government concerned to provide all necessary cooperation  and assistance to the State Election Commission to enable the latter to fulfil the constitutional mandate.”
45. Having regard to the facts and circumstances of the case as discussed above and in view of the law as it stands today, we are of the considered opinion that present was not a case warranting suspension of the order dated 08.01.2021, which has the effect of postponing the election process. Taking that view, we set aside the interim order passed by the learned single Judge.

2021-01-21 AP State Election Commission Vs Government of Andhra Pradesh Edited

 

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision AP State Election Commission Vs Government of Andhra Pradesh Reprimands or Setbacks to YCP Govt of Andhra Pradesh | Leave a comment

Sujit Kumar Vs Vandana on 08 Aug 2016

Posted on January 19 by ShadesOfKnife

Delhi High Court said the follow about HMA 24…

11. The object behind Section 24 of the Hindu Marriage Act, 1955 is to provide for maintenance, pendente-lite, to a spouse in matrimonial proceedings so that during the pendency of the proceedings the spouse can maintain herself/himself and also have sufficient funds to carry on the litigation so that the spouse does not unduly suffer in the conduct of the case for want of funds.
12. A spouse unable to maintain himself/herself is entitled to maintenance on the principle of equi-status and respect that the spouse would have enjoyed if he/she continued to live with other spouse.
13. The provisions of Section 24 are beneficent in nature and the power is exercised by the Court not only out of compassion but also by way of judicial duty so that the indigent spouse may not suffer at the instance of the affluent spouse. The legislature, in its discretion, has not fixed any guideline regarding ceiling limit of maintenance, pendente-lite, as in the case of Divorce Act or Parsi Marriage Act. The word ‘support’ in Section 24 is not to be narrowly interpreted. It does not mean bare existence. It means that the claimant spouse should have the same comfort as the other. Of course, the Section is not intended to bring about arithmetical equality between the two.
14. The Court while considering the merits of an application for grant of an interim maintenance under Section 24 has to necessarily arrive at prima-facie determination about the earning capacity of the rival claimants. The determination cannot be made with exactitude; it is essentially interim in nature. The Court is called upon to make a summary consideration of amount which the applicant is to be awarded by way of maintenance pendente-lite and litigation expenses in accordance with the financial resources of the parties. Capacity of the other party to earn cannot be taken into consideration – it is only the actual earning of the opposite party on the basis of which relief can be granted. Permanent income and not casual income is relevant. For example if a husband brings on record that the non-applicant wife earns some amount by taking coaching classes for children, this cannot be termed as her permanent income or that the wife has independent permanent source of income. The proceedings being summary, the matter has to be decided on the basis of pleadings supported by affidavits and the documents that may be filed by the parties in support of their case.
15. Where there was sufficient means in the family of the husband on the strength of which the husband got married he has to share the burden to support his wife during the course of annulment of such marriage.

Sujit Kumar Vs Vandana on 08 Aug 2016

Citations : [2016 SCC ONLINE DEL 4397]

Other Sources :

https://indiankanoon.org/doc/182704867/

https://www.casemine.com/judgement/in/581180f42713e179479e391b

Sujit Kumar Vs. Vandana [Delhi High Court, 08-08-2016]

 

Posted in High Court of Delhi Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision HM Act 24 – Interim Maintenance Granted Sujit Kumar Vs Vandana | Leave a comment

Vijay Kumar Ramachandra Bhate Vs Neela Vijay Kumar Bhate on 16 April, 2003

Posted on January 17 by ShadesOfKnife

Supreme Court talks as follows regarding Mental Cruelty:

The question that requires to be answered first is as to whether the averments, accusations and character assassination of the wife by the appellant husband in the written statement constitutes mental cruelty for sustaining the claim for divorce under Section 13(1) (i-a) of the Act. The position of law in this regard has come to be well settled and declared that leveling disgusting accusations of unchastity and indecent familiarity with a person outside wedlock and allegations of extra marital relationship is a grave assault on the character, honour, reputation, status as well as the health of the wife. Such aspersions of perfidiousness attributed to the wife, viewed in the context of an educated Indian wife and judged by Indian conditions and standards would amount to worst form of insult and cruelty, sufficient by itself to substantiate cruelty in law, warranting the claim of the wife being allowed. That such allegations made in the written statement or suggested in the course of examination and by way of cross-examination satisfy the requirement of law has also come to be firmly laid down by this Court. On going through the relevant portions of such allegations, we find that no exception could be taken to the findings recorded by the Family Court as well as the High Court. We find that they are of such quality, magnitude and consequence as to cause mental pain, agony and suffering amounting to the reformulated concept of cruelty in matrimonial law causing profound and lasting disruption and driving the wife to feel deeply hurt and reasonably apprehend that it would be dangerous for her to live with a husband who was taunting her like that and rendered the maintenance of matrimonial home impossible.

Precisely,

As to what constitute the required mental cruelty for purposes of the said provision, in our view, will not depend upon the numerical count of such incidents or only on the continuous course of such conduct, but really go by the intensity, gravity and stigmatic impact of it when meted out even once and the deleterious effect of it on the mental attitude, necessary for maintaining a conducive matrimonial home. If the taunts, complaints and reproaches are of ordinary nature only, the Courts perhaps need consider the further question as to whether their continuance or persistence over a period time render, what normally would, otherwise, not be a so serious an act to be so injurious and painful as to make the spouse charged with them genuinely and reasonable conclude that the maintenance of matrimonial home is not possible any longer. A conscious and deliberate statement leveled with pungency and that too placed on record, through the written statement, cannot so lightly be ignored or brushed aside, to be of no consequence merely because it came to be removed from the record only.

 

Vijay Kumar Ramachandra Bhate Vs Neela Vijay Kumar Bhate on 16 April, 2003

Citations : [2003 SCC 6 334], [2003 ALLMR SC 3 777], [2003 AIR SC 2530], [2003 SUPREME 3 416], [2003 AIR SC 2462], [2003 SCALE 4 134], [2004 BOMCR SC 2 384], [2003 ALD SC 3 124], [2003 AWC SC 3 2101], [2003 BLJR 3 1658], [2003 DMC SC 1 685], [2003 JCR SC 3 1], [2003 JT SC 4 85], [2003 LW 4 609], [2003 MLJ SC 3 115], [2003 PLJR 2 200], [2003 SCR 3 607], [2003 UC 2 1211], [2003 UJ 2 947], [2003 AIR SCW 2530]

Other Sources :

https://indiankanoon.org/doc/1228342/

https://www.casemine.com/judgement/in/5609ade1e4b01497114126d8

https://www.indianemployees.com/judgments/details/vijay-kumar-ramachandra-bhate-vs-neela-vijay-kumar-bhate

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Catena of Landmark Judgments Character Assassination in Pleadings or Sworn Statements is Mental Cruelty Divorce Set Aside HM Act - Mental Cruelty Proved Landmark Case Mental Cruelty Reportable Judgement Sandeep Pamarati Vijay Kumar Ramachandra Bhate Vs Neela Vijay Kumar Bhate | Leave a comment

State of Haryana Vs State of Punjab and Anr on 15 Jan 2002

Posted on January 6 by ShadesOfKnife

Governments cannot be allowed to waste State Exchequer

It is an admitted fact that for construction of the Punjab portion of SYL Canal, more than Rs 560 crores have already been spent, as is apparent from Ext. P-13 and the entire money has been paid by the Government of India. It is indeed a matter of great concern that while huge amount of public exchequer has been spent in the construction of the canal and only a few portion of the canal within the territory of Punjab has not been dug, the canal is not being put to use on the mere insistence of the State of Punjab. The attitude of the State of Punjab to say the least, is wholly unreasonable, dogmatic and is against the national interest. It is equally a matter of great concern for this Court that the Central Government is taking an indifferent attitude in the matter and is only trying to while away the time, even though it continues to pay the State of Punjab substantially, even for the maintenance of the operation of canal that has already been dug.

and…

That apart, more than Rs 700 crores of public revenue cannot be allowed to be washed down the drain, when the entire portion of the canal within the territory of Haryana has already been completed and major portion of the said canal within the territory of Punjab also has been dug, leaving only minor patches within the said territory of Punjab to be completed.

Here is the casemine version

State of Haryana Vs State of Punjab and Anr on 15 Jan 2002 (Casemine)

Here is the Indiankanoon version

State of Haryana Vs State of Punjab and Anr on 15 Jan 2002

Citations : [2002 SCALE 1 238], [2002 AIR SC 303], [2002 SUPREME 1 14], [2002 SCC 2 507], [2002 AIR SC 685], [2002 AIR SCW 303]

Other Sources :

https://indiankanoon.org/doc/255258/

https://www.casemine.com/judgement/in/5609adaee4b0149711411f5b

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Landmark Case Misuse of Public Funds Reportable Judgement Reprimands or Setbacks to YCP Govt of Andhra Pradesh State of Haryana Vs State of Punjab and Anr Work-In-Progress Article | Leave a comment

Bhadresh Bipinbhai Sheth Vs State of Gujarat and Anr on 1 Sep 2015

Posted on January 2 by ShadesOfKnife

Another wonderful judgment around anticipatory bail.

From Para 23,

23. The principles which can be culled out, for the purposes of the instant case, can be stated as under:
(i) The complaint filed against the accused needs to be thoroughly examined, including the aspect whether the complainant has filed a false or frivolous complaint on earlier occasion. The court should also examine the fact whether there is any family dispute between the accused and the complainant and the complainant must be clearly told that if the complaint is found to be false or frivolous, then strict action will be taken against him in accordance with law. If the connivance between the complainant and the investigating officer is established then action be taken against the investigating officer in accordance with law.
(ii) The gravity of charge and the exact role of the accused must be properly comprehended. Before arrest, the arresting officer must record the valid reasons which have led to the arrest of the accused in the case diary. In exceptional cases, the reasons could be recorded immediately after the arrest, so that while dealing with the bail application, the remarks and observations of the arresting officer can also be properly evaluated by the court.
(iii) It is imperative for the courts to carefully and with meticulous precision evaluate the facts of the case. The discretion to grant bail must be exercised on the basis of the available material and the facts of the particular case. In cases where the court is of the considered view that the accused has joined the investigation and he is fully cooperating with the investigating agency and is not likely to abscond, in that event, custodial interrogation should be avoided. A great ignominy, humiliation and disgrace is attached to arrest. Arrest leads to many serious consequences not only for the accused but for the entire family and at times for the entire community. Most people do not make any distinction between arrest at a pre-conviction stage or post-conviction stage.
(iv) There is no justification for reading into Section 438 CrPC the limitations mentioned in Section 437 CrPC. The plentitude of Section 438 must be given its full play. There is no requirement that the accused must make out a “special case” for the exercise of the power to grant anticipatory bail. This virtually, reduces the salutary power conferred by Section 438 CrPC to a dead letter. A person seeking anticipatory bail is still a free man entitled to the presumption of innocence. He is willing to submit to restraints and conditions on his freedom, by the acceptance of conditions which the court may deem fit to impose, in consideration of the assurance that if arrested, he shall be enlarged on bail.
(v) The proper course of action on an application for anticipatory bail ought to be that after evaluating the averments and accusations available on the record if the court is inclined to grant anticipatory bail then an interim bail be granted and notice be issued to the Public Prosecutor. After hearing the Public Prosecutor the court may either reject the anticipatory bail application or confirm the initial order of granting bail. The court would certainly be entitled to impose conditions for the grant of anticipatory bail. The Public Prosecutor or the complainant would be at liberty to move the same court for cancellation or modifying the conditions of anticipatory bail at any time if liberty granted by the court is misused. The anticipatory bail granted by the court should ordinarily be continued till the trial of the case.
(vi) It is a settled legal position that the court which grants the bail also has the power to cancel it. The discretion of grant or cancellation of bail can be exercised either at the instance of the accused, the Public Prosecutor or the complainant, on finding new material or circumstances at any point of time.
(vii) In pursuance of the order of the Court of Session or the High Court, once the accused is released on anticipatory bail by the trial court, then it would be unreasonable to compel the accused to surrender before the trial court and again apply for regular bail.
(viii) Discretion vested in the court in all matters should be exercised with care and circumspection depending upon the facts and circumstances justifying its exercise. Similarly, the discretion vested with the court under Section 438 CrPC should also be exercised with caution and prudence. It is unnecessary to travel beyond it and subject the wide power and discretion conferred by the legislature to a rigorous code of self-imposed limitations.
(ix) No inflexible guidelines or straitjacket formula can be provided for grant or refusal of anticipatory bail because all circumstances and situations of future cannot be clearly visualised for the grant or refusal of anticipatory bail. In consonance with legislative intention, the grant or refusal of anticipatory bail should necessarily depend on the facts and circumstances of each case.
(x) We shall also reproduce para 112 of the judgment wherein the Court delineated the following factors and parameters that need to be taken into consideration while dealing with anticipatory bail:
(a) The nature and gravity of the accusation and the exact role of the accused must be properly comprehended before arrest is made;
(b) The antecedents of the applicant including the fact as to whether the accused has previously undergone imprisonment on conviction by a court in respect of any cognizable offence;
(c) The possibility of the applicant to flee from justice;
(d) The possibility of the accused’s likelihood to repeat similar or other offences;
(e) Where the accusations have been made only with the object of injuring or humiliating the applicant by arresting him or her;
(f) Impact of grant of anticipatory bail particularly in cases of large magnitude affecting a very large number of people;
(g) The courts must evaluate the entire available material against the accused very carefully. The court must also clearly comprehend the exact role of the accused in the case. The cases in which the accused is implicated with the help of Sections 34 and 149 of the Penal Code, 1860 the court should consider with even greater care and caution, because over-implication in the cases is a matter of common knowledge and concern;
(h) While considering the prayer for grant of anticipatory bail, a balance has to be struck between two factors, namely, no prejudice should be caused to free, fair and full investigation, and there should be prevention of harassment, humiliation and unjustified detention of the accused;
(i) The Court should consider reasonable apprehension of tampering of the witness or apprehension of threat to the complainant;
(j) Frivolity in prosecution should always be considered and it is only the element of genuineness that shall have to be considered in the matter of grant of bail and in the event of there being some doubt as to the genuineness of the prosecution, in the normal course of events, the accused in entitled to an order of bail.

Bhadresh Bipinbhai Sheth Vs State of Gujarat and Anr on 1 Sep 2015

Citations : [2016 ALT CRL AP 1 122], [2016 GLR 1 798], [2016 SCC 1 152], [2015 AIR SC 3090], [2015 ACR SC 3 3013], [2015 AD SC 9 511], [2015 ALLCC 91 215], [2015 ALLMR CRI 4116], [2015 BOMCR CRI 4 412], [2015 CCR SC 3 453], [2015 CRIMES SC 4 298], [2015 JCC 4 2603], [2015 JLJR 4 57], [2015 NCC 3 104], [2015 PLJR 4 218], [2015 RCR CRIMINAL 4 199], [2015 RLW SC 4 3551], [2015 SCALE 9 403], [2015 SCJ 9 734], [2015 UC 3 1761], [2016 SCC CRI 1 240], [2015 SCC ONLINE SC 771], [2015 GUJ LH 3 165], [2015 AIC 154 1]

Other Sources :

https://indiankanoon.org/doc/180463386/

https://www.casemine.com/judgement/in/5790b344e561097e45a4e3ca

https://www.indialaw.in/blog/blog/criminal/bhadresh-sheth-v-state-of-gujarat/

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Bhadresh Bipinbhai Sheth Vs State of Gujarat and Anr Catena of Landmark Judgments CrPC 438 - Anticipatory Bail Granted CrPC 438 - Valid Duration For Anticipatory Bail Gurbaksh Singh Sibbia Etc Vs State Of Punjab Landmark Case Legal Procedure Explained Recommended Guidelines or Directions Reportable Judgement Siddharam Satlingappa Mhetre Vs State Of Maharashtra And Others | Leave a comment

Shaik Nagoor Vs State of A.P. on 20 Feb 2008

Posted on January 1 by ShadesOfKnife

A landmark judgment regarding importance of Dying declaration and it’s utility in obtaining conviction.

Shaik Nagoor Vs State of A.P. on 20 Feb 2008

Citations : [2008 AIOL 223], [2008 SCALE 2 670], [2008 JT 3 101], [2008 AIR SC 1590], [2008 CRLJ SC 2079], [2010 SCC CRI 3 688], [2008 AIR SC 1500], [2008 SCC 15 471], [2008 SCR 3 75], [2008 AIC SC 64 87], [2008 AIR SCW 1590]

Other Sources :

https://indiankanoon.org/doc/1089000/

https://www.casemine.com/judgement/in/5609ae9fe4b0149711414599

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Catena of Landmark Judgments Evidence Act Sec 32 - Dying Declaration Landmark Case Reportable Judgement Shaik Nagoor Vs State of A.P. | Leave a comment

Regalagadda Venkatesh Vs State of Andhra Pradesh and Anr

Posted on December 31, 2020 by ShadesOfKnife

Challenging the ‘3 years Practice Experience as a Qualification for JCJ Post’, an advocate from Andhra Pradesh filed this Writ at Supreme Court.

On 2020-12-30,

Supreme Court issued Notice to the respondents in the meanwhile. Did not stay the operation of the Notification though.

Regalagadda Venkatesh Vs State of Andhra Pradesh and Anr on 30 Dec 2020
Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision 3 years Practice Experience as a Qualification for JCJ Post Advocate Antics All India Judges’ Association and Ors Vs Union of India and Ors Regalagadda Venkatesh Vs State of Andhra Pradesh and Anr | Leave a comment

Thota Suresh Babu Vs The Special Officer Mission AP

Posted on December 31, 2020 by ShadesOfKnife

A PIL was filed to stay the same of government lands in a namesake scam called as Mission Build AP. Outright Sale of land Parcels/Land Assets on behalf of Mission Build AP, Government of Andhra Pradesh, available at Guntur and Visakhapatnam Districts of Andhra Pradesh “as is where is” basis through E-auction.

On 2020-05-28

Adjourned for filing of Counters by State.

2020-05-28 Thota Suresh Babu Vs The Special Officer Mission AP_compressed

On 2020-07-23

Multiple Writs which were filed on same subject were tagged and taken up together.

2020-07-23 Thota Suresh Babu Vs The Special Officer Mission AP_compressed

On 2020-07-30

4 weeks time given to file the stand of the State Government via Counter-affidavits.

2020-09-18 Thota Suresh Babu Vs The Special Officer Mission AP_compressed

On 2020-09-18

More Writs are tagged.

2020-09-18 Thota Suresh Babu Vs The Special Officer Mission AP

 

On 2020-11-25

Interim Orders were extended until further orders.

2020-11-25 Thota Suresh Babu Vs The Special Officer Mission AP_compressed

On 2020-12-30

Government filed a recusal petition seeking recusal of Justice Rakesh Kumar which was rejected by this Super scathing Order. This is a wonderful judgment from Justice Rakesh Kumar clearly laying out path towards dismantling of the State Government which was been doing all unconstitutional activities.

It would be difficult but will capture the gems from this Order below.

Thota Suresh Babu Vs The Special Officer Mission AP on 30 Dec 2020
Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Justice Rakesh Kumar Reprimands or Setbacks to YCP Govt of Andhra Pradesh Thota Suresh Babu Vs The Special Officer Mission AP | Leave a comment

Bhushan Kumar and Anr Vs State (NCT of Delhi) and Anr on 4 April 2012

Posted on December 29, 2020 by ShadesOfKnife

A 2-judge Division Bench held that Quash petition is maintainable even though this instant matter is dismissed on merits.

From Para 5,

5) The questions which arise for consideration in these appeals are:
(a) Whether taking cognizance of an offence by the Magistrate is same as summoning an accused to appear?
(b) Whether the Magistrate, while considering the question of summoning an accused, is required to assign reasons for the same?

From Para 7,

7) In S.K. Sinha, Chief Enforcement Officer vs. Videocon International Ltd. & Ors., (2008) 2 SCC 492, the expression “cognizance” was explained by this Court as it merely means“become aware of” and when used with reference to a court or a Judge, it connotes “to take notice of judicially”. It indicates the point when a court or a Magistrate takes judicial notice of an offence with a view to initiating proceedings in respect of such offence said to have been committed by someone. It is entirely a different thing from initiation of proceedings; rather it is the condition precedent to the initiation of proceedings by the Magistrate or the Judge. Cognizance is taken of cases and not of persons.

From Para 8 (Very Imp)

8) Under Section 190 of the Code, it is the application of judicial mind to the averments in the complaint that constitutes cognizance. At this stage, the Magistrate has to be satisfied whether there is sufficient ground for proceeding and not whether there is sufficient ground for conviction. Whether the evidence is adequate for supporting the conviction can be determined only at the trial and not at the stage of enquiry. If there is sufficient ground for proceeding then the Magistrate is empowered for issuance of process under Section 204 of the Code.

From Para 9,

9) A summon is a process issued by a Court calling upon a person to appear before a Magistrate. It is used for the purpose of notifying an individual of his legal obligation to appear before the Magistrate as a response to violation of law. In other words, the summons will announce to the person to whom it is directed that a legal proceeding has been started against that person and the date and time on which the person must appear in Court. A person who is summoned is legally bound to appear before the Court on the given date and time. Willful disobedience is liable to be punished under Section 174 IPC. It is a ground for contempt of court.

From Paras 10 and 11, (Very IMP)

10) Section 204 of the Code does not mandate the Magistrate to explicitly state the reasons for issuance of summons. It clearly states that if in the opinion of a Magistrate taking cognizance of an offence, there is sufficient ground for proceeding, then the summons may be issued. This section mandates the Magistrate to form an opinion as to whether there exists a sufficient ground for summons to be issued but it is nowhere mentioned in the section that the explicit narration of the same is mandatory, meaning thereby that it is not a pre-requisite for deciding the validity of the summons issued.
11) Time and again it has been stated by this Court that the summoning order under Section 204 of the Code requires no explicit reasons to be stated because it is imperative that the Magistrate must have taken notice of the accusations and applied his mind to the allegations made in the police report and the materials filed therewith.

Bhushan Kumar and Anr Vs State (NCT of Delhi) and Anr on 4 April 2012

Citations : [2012 RCR CRIMINAL SC 2 794], [2012 SUPREME 2 699], [2012 BOMCR CRI SC 4 138], [2012 SLT 3 221], [2012 AIR SC 1747], [2012 SCALE 3 191], [2012 AIOL 161], [2012 CRIMES SC 2 101], [2012 CRLJ SC 2286], [2012 AIR SC 2476], [2012 SCALE 4 191], [2012 SCC 5 424], [2012 SCC CRI 2 872], [2012 JT 4 127], [2012 SCC ONLINE SC 325], [2012 AIC 113 116], [2012 UC 2 1121], [2012 JCR SC 2 269], [2012 ACR SC 2 1514], [2012 LW CRL 2 33], [2012 PLJR 2 422], [2012 JLJR 2 307], [2012 RLW SC 3 2467], [2012 SCC 5 422], [2012 DRJ 130 225], [2012 ALT CRI SC 3 223], [2012 AIR SCW 2476], [2012 DLT SC 189 252]

Other Sources :

https://indiankanoon.org/doc/71570434/

https://www.casemine.com/judgement/in/5609af1de4b0149711415a6b

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Bhushan Kumar and Anr Vs State (NCT of Delhi) and Anr Catena of Landmark Judgments CrPC 190 - Cognizance of Offences by Magistrates CrPC 204 - Issue of Process CrPC 239 - Discharge CrPC 482 - Quash Landmark Case Legal Procedure Explained Reportable Judgement Sensational Or Peculiar Cases | Leave a comment

Jalendra Padhiary Vs Pragati Chhotray on 17 April 2018

Posted on December 24, 2020 by ShadesOfKnife

The Division bench of Apex Court delivered this judgment, emphasizing the need for reasoned judgments and the damage caused by cryptic orders.

From Para 8,

8. The short question, which arises for consideration in this appeal, is whether the Division Bench of the High Court was justified in dismissing the appellant’s appeal in limine and thereby upholding the order of the Family Judge insofar as it related to awarding permanent alimony of Rs.15,00,000/- to the wife(respondent).

From Para 13,

13. The only question involved in the appeal before the High Court, which was carried to this Court in this appeal by the appellant (husband), was whether the award of permanent alimony of Rs.15,00,000/- by the Family Court to the respondent(wife) was legally and factually sustainable.

Obiter Dicta:

15. In our view, mere perusal of the order of the Family Court and the High Court quoted supra, would go to show that both the Courts failed to apply their judicial mind to the factual and legal controversy insofar as award of permanent alimony to the respondent(wife) is concerned. Both the Courts did not even mention the factual narration of the case set up by the parties on the question of award of permanent alimony and without there being any discussion, appreciation, reasoning and categorical findings on the material issues such as, financial earning capacity of husband to pay the alimony and also the financial earning capacity of wife, a direction to pay Rs.15,00,000/- by way of permanent alimony to the wife was given. In our opinion, such direction is wholly unsustainable in law.

Hehehe…

16. Time and again, this Court has emphasized on the Courts the need to pass reasoned order in every case, which must contain the narration of the bare facts of the case of the parties to the lis, the issues arising in the case, the submissions urged by the parties, the legal principles applicable to the issues involved and the reasons in support of the findings recorded based on appreciation of evidence on all the material issues arising in the case.
17. It is really unfortunate that neither the Family Court nor the High Court kept in mind these legal principles and passed cryptic and unreasoned orders. Such orders undoubtedly cause prejudice to the parties and in this case, it caused prejudice to the appellant(husband) because the orders of the High Court and Family Court deprived him to know the reasons for fixing the permanent alimony amount of Rs.15,00,000/- payable to his wife.
18. We cannot countenance the manner in which both the Courts passed the order which has compelled us to remand the matter to the Family Court for deciding the issue afresh on merits.

 

 

 

Jalendra Padhiary Vs Pragati Chhotray on 17 April 2018

Citations : [2018 SCC 16 773], [2019 SCC CIV 1 703], [2018 SCC ONLINE SC 391], [2018 AIR SC 2091], [2018 ALD 4 130], [2018 ALR 130 51], [2018 AIC 188 178], [2018 CHN 3 144], [2018 CTC 6 813]

Other Sources :

https://indiankanoon.org/doc/112299382/

https://www.casemine.com/judgement/in/5ad8c5f99eff431c1103ed06

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Courts must Pass Reasoned Judgement or Order Jalendra Padhiary Vs Pragati Chhotray Reportable Judgement | Leave a comment

Post navigation

  • Older posts

Search within entire Content of “Shades of Knife”

My Twitter Timeline

Tweets by @Shadesofknife

Recent Posts

  • Chekka Guru Murali Mohan and Anr Vs State of AP and Anr on 19 Jan 2021 January 23, 2021
  • AP State Election Commission Vs Government of Andhra Pradesh January 21, 2021
  • Government of Andhra Pradesh Vs AP State Election Commission on 11 Jan 2021 January 21, 2021
  • Change the Advocate January 21, 2021
  • Decisions of High Courts to be made applicable in Other High Courts under Article 227 of the Constitution of India January 21, 2021

Most Read Posts

  • All Reliefs from Judiciary (821 views)
  • Hindu Personal Code Laws (597 views)
  • Future Chief Justice of Supreme Court of India (572 views)
  • Kusum Sharma Vs Mahinder Kumar Sharma on 06 August 2020 (547 views)
  • All Protection from Police High-handedness (487 views)
  • Exemption from Personal Appearance (u/s 205 CrPC) in Court Judgments (486 views)
  • Satish Chander Ahuja Vs Sneha Ahuja on 15 Oct 2020 (413 views)
  • State of Kerala Vs Rasheed on 30 October 2018 (409 views)
  • Centre for Public Interest Litigation Vs Union of India on 18 August 2020 (373 views)
  • All Bail Judgments (319 views)

Tags

Legal Procedure Explained (216)Landmark Case (210)Work-In-Progress Article (187)Reportable Judgement (164)Catena of Landmark Judgments (120)2-Judge (Division) Bench Decision (97)Sandeep Pamarati (81)Article 21 of The Constitution of India (61)Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations (46)Summary Post (46)Perjury Under 340 CrPC (43)Reprimands or Setbacks to YCP Govt of Andhra Pradesh (43)3-Judge Bench Decision (37)1-Judge Bench Decision (36)IPC 498a Not Made Out (32)CrPC 482 - Quash (32)Rules of the Act/Ordinance/Notification/Circular (32)PWDV Act 20 - Maintenance Granted (31)PIL - CrPC 125 Must Go From Statute Book (28)LLB Subjects and Previous Year Exam Papers and Answers (27)

Categories

Supreme Court of India Judgment or Order or Notification (491)Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments (249)High Court of Andhra Pradesh Judgment or Order or Notification (131)High Court of Delhi Judgment or Order or Notification (82)High Court of Bombay Judgment or Order or Notification (75)General Study Material (53)Prakasam DV Cases (46)High Court of Karnataka Judgment or Order or Notification (44)LLB Study Material (44)Assorted Court Judgments or Orders or Notifications (40)Judicial Activism (for Public Benefit) (35)High Court of Madras Judgment or Order or Notification (34)High Court of Punjab & Haryana Judgment or Order or Notification (32)District or Sessions or Magistrate Court Judgment or Order or Notification (27)High Court of Allahabad Judgment or Order or Notification (24)High Court of Gujarat Judgment or Order or Notification (21)High Court of Madhya Pradesh Judgment or Order or Notification (18)High Court of Kerala Judgment or Order or Notification (13)High Court of Calcutta Judgment or Order or Notification (11)Chittor DV Cases (11)

Recent Comments

  • ShadesOfKnife on Sirangai Shoba @ Shoba Munnuri Vs Sirangi Muralidhar Rao on 19 October, 2016
  • muralidhar Rao Sirangi on Sirangai Shoba @ Shoba Munnuri Vs Sirangi Muralidhar Rao on 19 October, 2016
  • ShadesOfKnife on J.Shyam Babu Vs The State Of Telangana on 9 February, 2017
  • anuj on J.Shyam Babu Vs The State Of Telangana on 9 February, 2017
  • ShadesOfKnife on Syed Nazim Husain Vs Additional Principal Judge Family Court & Anr on 9 January, 2003

Archives of SoK

  • January 2021 (42)
  • December 2020 (35)
  • November 2020 (68)
  • October 2020 (67)
  • September 2020 (29)
  • August 2020 (42)
  • July 2020 (20)
  • June 2020 (36)
  • May 2020 (40)
  • April 2020 (38)
  • March 2020 (26)
  • February 2020 (43)
  • January 2020 (36)
  • December 2019 (35)
  • November 2019 (4)
  • October 2019 (18)
  • September 2019 (58)
  • August 2019 (33)
  • July 2019 (12)
  • June 2019 (19)
  • May 2019 (5)
  • April 2019 (19)
  • March 2019 (58)
  • February 2019 (11)
  • January 2019 (90)
  • December 2018 (97)
  • November 2018 (43)
  • October 2018 (31)
  • September 2018 (74)
  • August 2018 (47)
  • July 2018 (143)
  • June 2018 (92)
  • May 2018 (102)
  • April 2018 (59)
  • March 2018 (8)

Blogroll

  • Daaman Promoting Harmony 0
  • Fight against Legal Terrorism Fight against Legal Terrorism along with MyNation Foundation 0
  • Good Morning Good Morning News 0
  • Insaaf India Insaaf Awareness Movement 0
  • MyNation Hope Foundation Wiki 0
  • MyNation.net Equality, Justice and Harmony 0
  • Sarvepalli Legal 0
  • Save Indian Family Save Indian Family Movement 0
  • SIF Chandigarh SIF Chandigarh 0
  • The Male Factor The Male Factor 0
  • Vaastav Foundation The Social Reality 0
  • Voice4india Indian Laws, Non-profits, Environment 0
  • Writing Law Writing Law by Ankur 0

RSS Cloudflare Status

  • Cloudflare Logs Delays January 23, 2021
    Jan 23, 03:29 UTCResolved - This incident has been resolved.Jan 22, 20:06 UTCMonitoring - Cloudflare has implemented a fix for this issue and is currently monitoring the results. We will update the status once the issue is resolved.Jan 22, 20:06 UTCIdentified - Cloudflare has identified the issue and is implementing a fix. We will update […]
  • DNS Service Issues January 22, 2021
    Jan 22, 05:00 UTCResolved - This incident has been resolved.Jan 22, 04:50 UTCMonitoring - A fix has been implemented and we are monitoring the results.Jan 22, 03:43 UTCIdentified - The issue has been identified and a fix is being implemented.Jan 22, 03:26 UTCInvestigating - Cloudflare is aware of an issue with the performance of DNS […]
  • Cloudflare Billing Issues January 20, 2021
    Jan 20, 13:11 UTCResolved - This incident has been resolved.Jan 20, 13:01 UTCUpdate - Cloudflare has resolved the issue affecting the ordering platform. At this time transactions should be processing normally for existing customers and new customer signups.Jan 20, 12:59 UTCMonitoring - A fix has been implemented and we are monitoring the results.Jan 20, 12:50 […]

RSS List of Spam Server IPs from Project Honeypot

  • 87.202.21.152 | SC January 22, 2021
    Event: Bad Event | Total: 23 | First: 2008-09-08 | Last: 2021-01-13
  • 36.67.51.186 | SDC January 22, 2021
    Event: Bad Event | Total: 108 | First: 2018-10-21 | Last: 2021-01-15
  • 180.121.135.91 | SC January 22, 2021
    Event: Bad Event | Total: 13 | First: 2017-09-22 | Last: 2021-01-14
Proudly powered by WordPress
Theme: Flint by Star Verte LLC
pixel