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Tag: 2-Judge (Division) Bench Decision

Ambika Prasad and Anr Vs State (Delhi Administration) on 21 Jan 2000

Posted on October 11, 2020 by ShadesOfKnife

Supreme Court held as follows when Cross-examination of a Prosecution witness was adjourned/deferred to over 1 year.

It is also to be pointed out that PW4 Vikram Singh (informant) who had lodged FIR immediately was under constant threat and was compelled not to speak the truth despite the fact that he was the brother of deceased. Other witnesses also turned hostile including PW6 Prem Singh son of Pratap Singh and PW8 Rattan Lal, which indicates, as observed by the High Court, that accused party was stronger in terms of money power and muscle power. At this stage, we would observe that the Sessions Judge ought to have followed the mandate of Section 309 Cr.P.C. of completing the trial by examining the witnesses from day to day and not giving a chance to accused to threaten or win over the witnesses so that they may not support the prosecution. It appears from the record that examination-in-chief of PW4 Vikram Singh was over on 06.2.1984. The counsel representing Ambika Prasad requested the court that because of his uncles demise, he would not be in a position to cross-examine the witness and, therefore, recording of further cross-examination might be adjourned. Thereafter, the witness was cross-examined in the month of July, 1985. In our view, this is highly improper. Even if the request for adjournment of the learned counsel for the accused was accepted, the cross-examination ought not to have been deferred beyond two or three days.

Ambika Prasad and Anr Vs State (Delhi Administration) on 21 Jan 2000

Citations : [2000 ACR SC 1 282], [2000 AIR SC 718], [2000 ALD CRI 1 460], [2000 CRI LJ 810], [2000 JT SC 1 273], [2000 RCR CRIMINAL 1 64], [2000 SCALE 1 219], [2000 SCC 2 646], [2000 SCR 1 342], [2000 SCC CRI 522], [2000 DLT 83 476], [2000 AIR SC 719], [2000 SCC 2 464], [2000 ACC 40 462], [2000 SCO 2 646], [2000 AIR SC 253], [2000 CRIMES SC 2 63], [2000 SUPREME 2 633], [2000 CRLJ 106 810], [2000 CCR 1 130], [2000 RCR CRIMINAL 1 643], [2000 SCJ 2 472], [2000 SLT 1 442], [2000 SRJ 2 235], [2000 JCC SC 1 197], [2000 SCC SC 1 197], [2000 CRIMES 2 63], [2000 CRLJ SC 810], [2000 RECENTCR 1 643], [2000 AIR SCW 253]

Other Sources :

https://indiankanoon.org/doc/151141/

https://www.casemine.com/judgement/in/5609ad6ee4b014971141165e

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Ambika Prasad and Anr Vs State (Delhi Administration) CrPC 309 - Power to Postpone or Adjourn Proceedings Landmark Case Legal Procedure Explained - Interpretation of Statutes | Leave a comment

Delhi Administration Vs Vishwanath Lugnani and Ors on 30 Jul 1980

Posted on October 11, 2020 by ShadesOfKnife

Since the prosecution wasted years in bringing in the prosecution witnesses to Court for examination, Trial Court denied to provide any adjournments. High Court held it correct.

Delhi Administration Vs Vishwanath Lugnani and Ors on 30 Jul 1980

Citations : [1981 AIR SC 1239], [1981 SUPP SCC 1 64], [1982 SCC CRI 139], [1980 CAR 343], [1980 CRLR 470], [1980 UJ SC 832], [1981 CRLJ SC 745]

Other Sources:

https://indiankanoon.org/doc/1828992/

https://www.casemine.com/judgement/in/5609abece4b014971140da6a#

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Condone Delay Judgments CrPC 309 - Power to Postpone or Adjourn Proceedings Prevent Delays In Court Proceedings | Leave a comment

M. Radha Hari Seshu Vs State of Telangana on 14 Aug 2020

Posted on October 10, 2020 by ShadesOfKnife

This is a 498A/304B IPC Case. Parents of husband were discharged on application. Husband was denied suspension of Sentence while the Appeal at High Court was pending disposal. Supreme Court granted Bail to Husband.

M. Radha Hari Seshu Vs State of Telangana on 14 Aug 2020

The impugned judgment from Telangana High Court is below

M.Radha Hari Seshu Vs State of Telangana on 20 Mar 2019

Here is the Sessions Court Judgment

State of Telangana Vs M. Radha Hari Seshu on 14 Dec 2016
Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision CrPC 239 - Discharged CrPC 389 - Suspension of sentence pending the appeal; release of appellant on bail M. Radha Hari Seshu Vs State of Telangana Non-Reportable Judgement or Order | Leave a comment

Vinod Kumar Vs State of Punjab on 21 Jan 2015

Posted on October 9, 2020 by ShadesOfKnife

Justice Dipak Misra decried the practice of Trial/Session Court judges in giving adjournments on mere asking by the parties, in spite of the presence of the witnesses willing to be examined fully.

From Para 41,

41. Before parting with the case we are constrained to reiterate what we have said in the beginning. We have expressed our agony and anguish the manner in which trials in respect of serious offences relating to corruption are being conducted by the trial courts. Adjournments are sought on the drop of a hat by the counsel, even though the witness is present in court, contrary to all principles of holding a trial. That apart, after the examination-in-chief of a witness is over, adjournment is sought for cross-examination and the disquieting feature is that the trial courts grant time. The law requires special reasons to be recorded for grant of time but the same is not taken note of. As has been noticed earlier, in the instant case the cross-examination has taken place after a year and 8 months allowing ample time to pressurize the witness and to gain over him by adopting all kinds of tactics. There is no cavil over the proposition that there has to be a fair and proper trial but the duty of the court while conducting the trial to be guided by the mandate of the law, the conceptual fairness and above all bearing in mind its sacrosanct duty to arrive at the truth on the basis of the material brought on record. If an accused for his benefit takes the trial on the path of total mockery, it cannot be countenanced. The Court has a sacred duty to see that the trial is conducted as per law. If adjournments are granted in this manner it would tantamount to violation of rule of law and eventually turn such trials to a farce. It is legally impermissible and jurisprudentially abominable. The trial courts are expected in law to follow the command of the procedure relating to trial and not yield to the request of the counsel to grant adjournment for non-acceptable reasons. In fact, it is not all appreciable to call a witness for cross-examination after such a long span of time. It is imperative if the examination-in-chief is over, the cross-examination should be completed on the same day. If the examination of a witness continues till late hours the trial can be adjourned to the next day for cross-examination. It is inconceivable in law that the cross-examination should be deferred for such a long time. It is anathema to the concept of proper and fair trial. The duty of the court is to see that not only the interest of the accused as per law is protected but also the societal and collective interest is safe-guarded. It is distressing to note that despite series of judgments of this Court, the habit of granting adjournment, really an ailment, continues. How long shall we say, “Awake! Arise!”. There is a constant discomfort. Therefore, we think it appropriate that the copies of the judgment be sent to the learned Chief Justices of all the High Courts for circulating the same among the learned trial Judges with a command to follow the principles relating to trial in a requisite manner and not to defer the cross-examination of a witness at their pleasure or at the leisure of the defence counsel, for it eventually makes the trial an apology for trial and compels the whole society to suffer chicanery. Let it be remembered that law cannot allowed to be lonely; a destitute.

Vinod Kumar Vs State of Punjab on 21 Jan 2015

Citations: [2015 SCC 3 220], [2015 SCC ONLINE SC 53]

Other Sources:

https://indiankanoon.org/doc/188951670/

https://www.casemine.com/judgement/in/581180e72713e179479dda10


This was followed in this decision 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 309 - Power to Postpone or Adjourn Proceedings Issued or Recommended Guidelines or Directions or Protocols to be followed Landmark Case Prevent Delays In Court Proceedings Reportable Judgement or Order Sandeep Pamarati Vinod Kumar Vs State of Punjab | Leave a comment

Atluri Brahmanandam (D) Thr.Lrs Vs Anne Sai Bapuji on 18 Nov 2010

Posted on October 6, 2020 by ShadesOfKnife

This is regarding adoption criteria under section 10() of Hindu Adoptions and Maintenance Act 1956, which reads as follows,

10. Persons who may be adopted.―No person shall be capable of being taken in adoption unless the following conditions are fulfilled, namely:―
(i) he or she is a Hindu;
(ii) he or she has not already been adopted;
(iii) he or she has not been married, unless there is a custom or usage applicable to the parties which permits persons who are married being taken in adoption;
(iv) he or she has not completed the age of fifteen years, unless there is a custom or usage applicable to the parties which permits persons who have completed the age of fifteen years being taken in adoption.


From Para 16,

16. The aforesaid decision is squarely applicable to the facts and circumstances of the present case. The Andhra Pradesh High Court has recognized such a custom among the “Kamma” community of Andhra Pradesh of taking in adoption of a person even above the age of 15 years of age and has held the same to be legal and valid.

 

Atluri Brahmanandam (D) Thr.Lrs Vs Anne Sai Bapuji on 18 Nov 2010

Citations: 2010 JT 12 4412011 AIR SC 5452010 CTC 6 5552010 SCJ 8 5992011 MLJ 1 7422011 ALT 1 312010 CLT 4 4612010 SLT 8 3982011 CUTLT SUPPL 8222010 AIOL 7842010 ALLMR SC 6 9792011 RCR CIVIL SC 2 972010 SCALE 12 1572010 SCC 14 4662010 SUPREME 7 8682012 SCC CIV 1 6442010 ALR 83 8812010 AIC 96 92011 CHN 1 217

Other Sources:

https://indiankanoon.org/doc/663319/

https://www.casemine.com/judgement/in/5609aedae4b0149711414e5d


AP High Court Order here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Atluri Brahmanandam (D) Thr.Lrs Vs Anne Sai Bapuji HAM Act 10 - Persons who may be Adopted Landmark Case Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order | Leave a comment

Seeta Hemchandra Shashittal and Anr Vs State of Maharashtra and Ors on 13 Feb 2001

Posted on October 4, 2020 by ShadesOfKnife

Another landmark judgment which emphasizes that Right to Speedy Trial is integral to Article 21 of Constitution.

Seeta Hemchandra Shashittal and Anr Vs State of Maharashtra and Ors on 13 Feb 2001

Citations: [2001 ACR SC 1 719], [2001 AIR SC 1246], [2001 ALD CRI 1 559], [2001 ALLMR CRI SC 582], [2001 JT SC 2 558], [2001 RCR CRIMINAL 1 838], [2001 RLW SC 2 297], [2001 SCALE 2 8], [2001 SCC 4 525], [2001 SCR 1 990], [2001 UC 1 652], [2001 AIR SC 0 795], [2001 BCR 5 323], [2001 AIR SC 1248], [2001 BOMCR CRI SC 323], [2001 CRIMES SC 1 248], [2001 CRLJ SC 1242], [2001 SUPREME 1 661], [2001 SLT 2 68], [2001 SRJ 3 341], [2001 CCR 1 197], [2001 JCC 1 185], [2001 AD SC 2 202], [2001 BLR 2 978], [2001 SCC CR 787], [2001 UJ SC 1 593], [2001 RECENTCR 1 838], [2001 AIR SCW 0 795], [2001 MLJ CRL 1 476]

Other Sources:

https://indiankanoon.org/doc/220491/

https://www.casemine.com/judgement/in/5609ad90e4b0149711411b60

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Article 21 - Protection of life and personal liberty Catena of Landmark Judgments Referred/Cited to Landmark Case Reportable Judgement or Order Right to Speedy Trial Seeta Hemchandra Shashittal and Anr Vs State of Maharashtra and Ors | Leave a comment

Bhaskar Das Vs Renu Das on 19 Jun 2020

Posted on September 29, 2020 by ShadesOfKnife

Based on Supreme Court decision here, Gauhati High Court held that, filing false criminal cases against husband with a malafide intension is one form of Cruelty and is a solid ground for Divorce.

Bhaskar Das Vs Renu Das on 19 Jun 2020

The cunning knife filed a Review against the above Judgment and even that got tossed into Dustbin.

Renu Das Vs Bhaskar Das on 17 Sep 2020
Posted in High Court of Gauhati Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Bhaskar Das Vs Renu Das Rani Narasimha Sastry Vs Rani Suneela Rani | Leave a comment

Rohtash Vs State of Haryana on 22 May 2012

Posted on September 24, 2020 by ShadesOfKnife

This case emphasizes the importance of examination of material witnesses in proving the allegations of Demand for Dowry, the lack of which results in Acquittal of accused persons.

Rohtash Vs State of Haryana on 22 May 2012

Citations: [2012 ACR 3002], [2012 AIR SC 2297], [2012 ALD CRI 2 340], [2012 JLJR 4 97], [2012 NCC 2 308], [2012 RCR CRIMINAL 5 799], [2012 RLW SC 4 3745], [2012 SCALE 5 578], [2012 SCC 6 589], [2012 UC 2 1310], [2012 SCC CRI 3 287], [2012 SCC ONLINE SC 457], [2012 AIC 115 87], [2012 GUJLR 3 2199], [2012 CUTLT 114 1107], [2013 SCJ 4 636], [2012 SLT 7 1], [2012 AIOL 239], [2012 AIR SC 3318], [2012 CRIMES SC 2 324], [2012 CRLJ SC 3189], [2012 JT 5 451], [2012 SUPREME 4 88], [2012 KCCR SN 4 228], [2012 DMC 3 323], [2012 DLT CRI 3 6], [2012 MAHLJ CRI 4 97], [2012 CUT LT 114 1107], [2012 GUJ LR 3 2199], [2012 AIR SCW 3318], [2012 RCR CRIMINAL SC 4 539]

Other Sources:

https://indiankanoon.org/doc/146360566/

https://www.casemine.com/judgement/in/5609af20e4b0149711415aff

 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Acquitted in IPC 498A Non Production of Material Witness Reportable Judgement or Order Rohtash Vs State of Haryana | Leave a comment

Narendra K. Ambwani Vs Union of India on 13 Mar 2014

Posted on September 16, 2020 by ShadesOfKnife

Division Bench of Bombay High Court has passed the following directions to Passport Authorities, regarding renewal of passport, wherein Magistrate has given permission to do so.

6. This court held that the Rules have been framed under the Passport Act and under Rule 12, a passport other than for a child aged more than 15 years, shall be in force for a period of 10 years or 20 years as the case may be from the date of its issue.

 

10. In the circumstances, we propose to issue guidelines to be followed by the Respondents on receipt of the applications for renewal of the passports, in all cases, where the Magistrate’s court has directed that the passports may be renewed as per the “Rules”.

Here are the directions…

11. Accordingly, we issue the following directions :-
(a) In all cases where the Magistrate’s court directs renewal of the passports under the Rules, the Passport Rules, 1980 shall apply and passports other
than for a child aged more than 15 years shall be renewed for a period of ten years or twenty years as the case may be from the date of its issue. All
qualifying applicants are entitled to have passport renewed for atleast ten years. The Regional Passport Office shall renew the passports of such qualifying applicants atleast for ten years.
(b) In case where the passports are valid and the applicants hold valid visas on existing passport, the Regional Passport Officer shall issue the
additional booklet to the same passport provided the applicant had obtained permission to travel abroad.
(c) If the learned Magistrate passes an order making the reference to the said Notification No. G.S.R. 570(E) dated 26th August, 1993, the passport
shall be renewed only for such period that the Magistrate may specify in the order or as otherwise specified in the said Notification where the passport
of the applicant is valid for less than one year, the additional booklet may be issued subject to the orders to be obtained in this behalf only of the Magistrate concerned.

Narendra K. Ambwani Vs Union of India on 13 Mar 2014
Posted in High Court of Bombay Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Maneka Gandhi Vs Union Of India Narendra K. Ambwani Vs Union of India Passport Renewal for 10 Years | 2 Comments

MS Bandekar Brothers Pvt Ltd and Anr Vs Prasad Vassudev Keni on 2 September 2020

Posted on September 4, 2020 by ShadesOfKnife

Supreme Court held that for offences under 191 and 192 IPC, procedure under 340 CrPC has to be followed and perjury application for such offences cannot be turned into private complaints under 190 CrPC.

MS Bandekar Brothers Pvt Ltd and Anr Vs Prasad Vassudev Keni on 2 September 2020

Citations: [2020 SCC ONLINE SC 707], [(2020)20 SCC 1]

Other Sources:

https://indiankanoon.org/doc/141105348/

https://www.casemine.com/judgement/in/5f567c183321bc6ce2ef6f51

https://www.advocatekhoj.com/library/judgments/announcement.php?WID=13132

https://www.indianemployees.com/judgments/details/m-s-bandekar-brothers-pvt-ltd-anr-versus-prasad-vassudev-keni-etc-etc


Index of Perjury case laws is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision CrPC 340 read with CrPC 195 Justice Rohinton Fali Nariman Landmark Case Legal Procedure Explained - Interpretation of Statutes MS Bandekar Brothers Pvt Ltd and Anr Vs Prasad Vassudev Keni Perjury Under Section 340 CrPC | Leave a comment

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