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True Colors of a Vile Wife

Tag: 2-Judge (Division) Bench Decision

State of Punjab Vs Jasbir Singh on 26 Feb 2020

Posted on October 20, 2020 by ShadesOfKnife

Since there was 1 judgment from a 3-judge bench of Supreme Court which said Preliminary Inquiry is mandatory u/s 340 CrPC, the 2-judge bench in this case, referred this point to a Larger bench.

From Para 14,

14. In any event, given that the decision of the three-Judge Bench in Sharad Pawar (supra) did not assign any reason as to why it was departing from the opinion expressed by a Coordinate Bench in Pritish (supra) regarding the necessity of a preliminary inquiry under Section 340 of the CrPC, as also the observations made by a Constitution Bench of this Court in Iqbal Singh Marwah (supra), we find it necessary that the present matter be placed before a larger Bench for its consideration, particularly to answer the following questions:
(i) Whether Section 340 of the Code of Criminal Procedure, 1973 mandates a preliminary inquiry and an opportunity of hearing to the would-be accused before a complaint is made under Section 195 of the Code by a Court?
(ii) What is the scope and ambit of such preliminary inquiry?
15. Accordingly, we direct the Registry to place the papers before the Hon’ble Chief Justice for appropriate orders.

State of Punjab Vs Jasbir Singh on 26 Feb 2020

This was answered by a three-judge bench as follows:

State of Punjab Vs Jasbir Singh on 15 Sep 2022

Citations :

Other Sources :

 


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 Perjury - Preliminary Inquiry Not Mandatory Perjury Under Section 340 CrPC Referred to Large Bench State of Punjab Vs Jasbir Singh | Leave a comment

Sasikala Pushpa and Ors Vs State of Tamil Nadu on 07 May 2019

Posted on October 20, 2020 by ShadesOfKnife

Citing Iqbal Marwah here and other landmark case laws, Supreme Court says,

From Para 10,

10. It is fairly well settled that before lodging of the complaint, it is necessary that the court must be satisfied that it was expedient in the interest of justice to lodge the complaint. It is not necessary that the court must use the actual words of Section 340 Cr.P.C.; but the court should record a finding indicating its satisfaction that it is expedient in the interest of justice that an enquiry should be made. Observing that under Section 340 Cr.P.C., the prosecution is to be launched only if it is expedient in the interest of justice and not on mere allegations or to vindicate personal vendetta,

From Para 11,

11. Before proceeding to make a complaint regarding commission of an offence referred to in Section 195(1)(b) Cr.P.C., the court must satisfy itself that “it is expedient in the interest of justice”. The language in Section 340 Cr.P.C. shows that such a course will be adopted only if the interest of justice requires and not in every case. It has to be seen in the facts and circumstances of the present case whether any prima facie case is made out for forgery or making a forged document warranting issuance of directions for lodging the complaint under Section 193, 467, 468 and 471 IPC.

From Para 19,

19. Even assuming that the version in the vakalatnama is wrong, mere incorrect statement in the vakalatnama would not amount to create a forged document and it cannot be the reason for exercising the jurisdiction under Section 340 Cr.P.C. for issuance of direction to lodge the criminal complaint against the appellants.

Sasikala Pushpa and Ors Vs State of Tamil Nadu on 07 May 2019

Citations : [2019 SCC 6 477], [2019 SCC CRI 2 826], [2019 SCC ONLINE SC 664], [AIR 2019 SC 2280], [2019 (2) Crimes 279], [2019 (7) Scale 559], [2019 CriLJ 2896], [2019 CrLJ 2896], [2019 (3) JLJR 122], [2019 (3) PLJR 122]

Other Sources :

https://indiankanoon.org/doc/150953328/

https://www.casemine.com/judgement/in/5cd3c6064a932660042c22f2

https://caselaw.in/supreme-court/sasikala-pushpa-v-state-of-tamil-nadu/4295/


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 Iqbal Singh Marwah and Anr vs Meenakshi Marwah and Anr Perjury Under Section 340 CrPC Reportable Judgement or Order Sasikala Pushpa and Ors Vs State of Tamil Nadu | Leave a comment

Vilas Dinkar Bhat Vs State of Maharashtra on 10 Aug 2018

Posted on October 19, 2020 by ShadesOfKnife

Supreme Court held as follows:

11) In our opinion, when a party relies upon any evidence, whether it is oral or documentary, in support of his case, the Court/Committee/Authority, as the case may be, and especially the original Court is under an obligation to apply its mind to the entire documentary evidence on which the party has placed reliance for proving his case and record its reasoned findings whether accepting the evidence or rejecting it. What is important is the consideration of entire evidence adduced by the parties in accordance with law while deciding the case.

 

Vilas Dinkar Bhat Vs State of Maharashtra and Ors 10 Aug 2018

Citations : [2018 SCC 9 89], [2018 SCC L&S 2 572], [2018 SCC ONLINE SC 882], [2018 AIR SC 3776]

Other Sources :

https://indiankanoon.org/doc/35798783/

https://www.casemine.com/judgement/in/5b6dc0919eff433a41935bfc

https://www.indianemployees.com/judgments/details/vilas-dinkar-bhat-versus-state-of-maharashtra-ors

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Reportable Judgement or Order Vilas Dinkar Bhat Vs State of Maharashtra | Leave a comment

D.Devaraja Vs Owais Sabeer Hussain on 18 Jun 2020

Posted on October 18, 2020 by ShadesOfKnife

Instead of a Private complaint, the victim should have filed a police complaint u/s 166A IPC as is was inserted into the CrPC book via 2013 Amendment (Due to 2012 Nirbhaya incident)

D.Devaraja Vs Owais Sabeer Hussain on 18 Jun 2020

Citations : 2020 SCC ONLINE SC 517

Other Sources :

https://indiankanoon.org/doc/127137628/

https://www.casemine.com/judgement/in/5ef19a8f3321bc37150ee24f

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision CrPC 197 - Prosecution of Judges and public servants D.Devaraja Vs Owais Sabeer Hussain Reportable Judgement or Order | Leave a comment

Anil Bharadwaj Vs The High Court of MP and Ors on 13 Oct 2020

Posted on October 14, 2020 by ShadesOfKnife

A District-Judge aspirant lost that opportunity due to a false 498A IPC case from which he got acquitted, after the selection for the post completed.

Anil Bharadwaj Vs The High Court of MP and Ors on 13 Oct 2020

Earlier High Court Judgment dismissing the Writ petition

Anil Bhardwaj Vs The High Court of Madhya Pradesh and Ors on 06 Jan 2020

~~~

Other Source: https://indiankanoon.org/doc/103138593/


 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Anil Bharadwaj Vs The High Court of MP and Ors Catena of Landmark Judgments Referred/Cited to Legal Terrorism Reportable Judgement or Order Work-In-Progress Article | Leave a comment

Prof. S. K. Bhalla Vs State of JnK and Ors on 09 Oct 2020

Posted on October 12, 2020 by ShadesOfKnife

Chief Justice Gita Mittal in a Division Bench passed the order holding the ‘The Jammu and Kashmir State Land (Vesting of Ownership to the Occupants) Act, 2001’ as Unconstitutional. Thereby, all the orders, transactions made on the strength of this Act and corresponding Rule are void ab initio.

Prof. S. K. Bhalla Vs State of JnK and Ors on 09 Oct 2020

Citations :

Other Sources :

 

Posted in High Court of Jammu & Kashmir & Ladakh Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Landmark Case Law or Provision is Alleged as Unconstitutional Prof. S. K. Bhalla Vs State of JnK and Ors | Leave a comment

State (NCT of Delhi) Vs Shiv Kumar Yadav and Anr on 10 Sep 2015

Posted on October 11, 2020 by ShadesOfKnife

After giving some inputs to Law commission and Bar Council of India in this para,

16. The interest of justice may suffer if the counsel conducting the trial is physically or mentally unfit on account of any disability. The interest of the society is paramount and instead of trials being conducted again on account of unfitness of the counsel, reform may appear to be necessary so that such a situation does not arise. Perhaps time has come to review the Advocates Act and the relevant Rules to examine the continued fitness of an advocate to conduct a criminal trial on account of advanced age or other mental or physical infirmity, to avoid grievance that an Advocate who conducted trial was unfit or incompetent. This is an aspect which needs to be looked into by the concerned authorities including the Law Commission and the Bar Council of India.

Supreme Court passed these reasons for not recalling a witness

29. We may now sum up our reasons for disapproving the view of the High Court in the present case:
(i) The trial court and the High Court held that the accused had appointed counsel of his choice. He was facing trial in other cases also. The earlier counsel were given due opportunity and had duly conducted cross-examination. They were under no handicap;
(ii) No finding could be recorded that the counsel appointed by the accused were incompetent particularly at back of such counsel;
(iiii) Expeditious trial in a heinous offence as is alleged in the present case is in the interests of justice;
(iv) The trial Court as well as the High Court rejected the reasons for recall of the witnesses;
(v) The Court has to keep in mind not only the need for giving fair opportunity to the accused but also the need for ensuring that the victim of the crime is not unduly harassed;
(vi) Mere fact that the accused was in custody and that he will suffer by the delay could be no consideration for allowing recall of witnesses, particularly at the fag end of the trial;
(vii) Mere change of counsel cannot be ground to recall the witnesses;
(viii) There is no basis for holding that any prejudice will be caused to the accused unless the witnesses are recalled;
(ix) The High Court has not rejected the reasons given by the trial court nor given any justification for permitting recall of the witnesses except for making general observations that recall was necessary for ensuring fair trial. This observation is contrary to the reasoning of the High Court in dealing with the grounds for recall, i.e., denial of fair opportunity on account of incompetence of earlier counsel or on account of expeditious proceedings;
(x) There is neither any patent error in the approach adopted by the trial court rejecting the prayer for recall nor any clear injustice if such prayer is not granted.

Citations : [2016 ACR SC 1 142], [2016 ALT CRL AP 1 167], [2016 MPJR 1 1], [2016 NCC 1 393], [2016 SCC 2 402], [2016 SCJ 1 93], [2015 AIR SC 3501], [2015 AD SC 10 165], [2015 ALLCC 91 640], [2015 BOMCR CRI 4 366], [2015 CCR SC 3 468], [2015 CRILJ 4640], [2015 CRIMES SC 4 1], [2015 JLJR 4 97], [2015 PLJR 4 258], [2015 RCR CRIMINAL 4 312], [2015 RLW SC 4 3271], [2015 SCALE 9 649], [2015 UC 3 1794], [2016 SCC CRI 1 510], [2015 SCC ONLINE SC 799], [2015 AIC 155 68], [2015 CRI LJ 4640]

Other Sources :

https://indiankanoon.org/doc/33982557/

https://www.casemine.com/judgement/in/5790b391e561097e45a4e3ea

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 CrPC 311 - Power to summon material witness or examine person present Landmark Case Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order State (NCT of Delhi) Vs Shiv Kumar Yadav and Anr | Leave a comment

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

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