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True Colors of a Vile Wife

Tag: 2-Judge (Division) Bench Decision

Swapnanjali Sandeep Patil Vs Sandeep Ananda Patil on 06 March 2019

Posted on January 23, 2020 by ShadesOfKnife

The husband did a ‘Marriage deed’ (whatever that means) separation with his first wife and married the second woman.

13.1 At the outset it is required to be noted that the appellant filed the marriage petition for a declaration to declare her marriage with the respondent as null and void on the ground that, at the time of their marriage, the first marriage of the respondent with his first wife was subsisting; that the  respondent committed a fraud and suppressed the material fact of his first marriage, and in fact, in the registration form he stated himself to be a bachelor.

Swapnanjali Sandeep Patil Vs Sandeep Ananda Patil on 06 March 2019

Citations: [(2019) SCC Online SC 329]

Other Source links: https://indiankanoon.org/doc/163532688/ or https://www.casemine.com/judgement/in/5c8148999eff4345648def96


 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision HM Act 11 - Lied on Registration Form HM Act 11 - Void marriages Landmark Case Legal Procedure Explained - Interpretation of Statutes Non-Reportable Judgement or Order Nullity Petition Allowed Reportable Judgement or Order Sandeep Pamarati Swapnanjali Sandeep Patil Vs Sandeep Ananda Patil | Leave a comment

Priyanka Srivastava and Anr Vs State of UP and Ors on 19 March, 2015

Posted on December 18, 2019 by ShadesOfKnife

Justice Dipak Misra states that Magistrate has to be alive about the allegation brought to him via Non-cognizable case by Police.

From Paras 26 and 27,

26. At this stage it is seemly to state that power under Section 156(3) warrants application of judicial mind. A court of law is involved. It is not the police taking steps at the stage of Section 154 of the code. A litigant at his own whim cannot invoke the authority of the Magistrate. A principled and really grieved citizen with clean hands must have free access to invoke the said power. It protects the citizens but when pervert litigations takes this route to harass their fellows citizens, efforts are to be made to scuttle and curb the same.

27. In our considered opinion, a stage has come in this country where Section 156(3) Cr.P.C. applications are to be supported by an affidavit duly sworn by the applicant who seeks the invocation of the jurisdiction of the Magistrate. That apart, in an appropriate case, the learned Magistrate would be well advised to verify the truth and also can verify the veracity of the allegations. This affidavit can make the applicant more responsible. We are compelled to say so as such kind of applications are being filed in a routine manner without taking any responsibility whatsoever only to harass certain persons. That apart, it becomes more disturbing and alarming when one tries to pick up people who are passing orders under a statutory provision which can be challenged under the framework of said Act or under Article 226 of the Constitution of India. But it cannot be done to take undue advantage in a criminal court as if somebody is determined to settle the scores. We have already indicated that there has to be prior applications under Section 154(1) and 154(3) while filing a petition under Section 156(3). Both the aspects should be clearly spelt out in the application and necessary documents to that effect shall be filed. The warrant for giving a direction that an the application under Section 156(3) be supported by an affidavit so that the person making the application should be conscious and also endeavour to see that no false affidavit is made. It is because once an affidavit is found to be false, he will be liable for prosecution in accordance with law. This will deter him to casually invoke the authority of the Magistrate under Section 156(3). That apart, we have already stated that the veracity of the same can also be verified by the learned Magistrate, regard being had to the nature of allegations of the case. We are compelled to say so as a number of cases pertaining to fiscal sphere, matrimonial dispute/family disputes, commercial offences, medical negligence cases, corruption cases and the cases where there is abnormal delay/laches in initiating criminal prosecution, as are illustrated in Lalita Kumari are being filed. That apart, the learned Magistrate would also be aware of the delay in lodging of the FIR.

From Para 30,

30. In the present case, we are obligated to say that learned Magistrate should have kept himself alive to the aforesaid provision before venturing into directing registration of the FIR under Section 156(3) Cr.P.C. It is because the Parliament in its wisdom has made such a provision to protect the secured creditors or any of its officers, and needles to emphasize, the legislative mandate, has to be kept in mind.

Priyanka Srivastava and Anr Vs State of UP and Ors on 19 March, 2015

Citations: [AIR 2015 SC 1758], [2015 (3) RLW 2404 (SC)], [2015(3) PLJR 78(SC)], [2015 SCL SC 130 472], [2015 AIOL 3152], [2015 CRIMES SC 2 179], [2015 CRIMES SC 2 209], [2015 CRLJ SC 2396], [2015 JCC SC 2 974], [2015 JT 5 203], [2015 SCALE 4 120], [2015 SCC 6 287], [2015 SLT 3 431], [2015 SUPREME 3 152], [2015 SCC ONLINE SC 272], [2015 CTC 3 103], [2015 KLJ 2 491], [2015 KERLT 2 451], [2015 SCC CRI 4 153], [2015 SCC CIV 3 294]

Indiankanoon.org link: https://indiankanoon.org/doc/163299097/

Casemine link: https://www.casemine.com/judgement/in/5790b242e561097e45a4e25a


The Index for Defamation Judgments is here. Index of Judgments under Sec 156(3) Cr.P.C. are here.


 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision CrPC 154 - Information in Cognizable Cases CrPC 156(3) - Any Magistrate Empowered u/s 190 May Order Such an Investigation as above-mentioned CrPC 156(3) - Application to be supported by an Affidavit CrPC 199 - Defamation IPC 499 - Defamation IPC 500 - Punishment For Defamation Lalita Kumari Vs Govt.Of U.P. and Ors Landmark Case Legal Procedure Explained - Interpretation of Statutes Priyanka Srivastava and Anr Vs State of UP and Ors Reportable Judgement or Order

A.Subash Babu Vs State of A.P. and Anr on 21 Jul 2011

Posted on December 14, 2019 by ShadesOfKnife

Landmark Judgment to screw the perpetrators of 494 and 495 IPC Bigamy offences. This is specifically helpful to those who have cases in the State of Andhra Pradesh where these two crimes are made Cognizable and Non-bailable, due to a State amendment in 1992 whereas these are Non-cognizable and Bailable in the rest of the States in India.

13. In this regard, it would be, relevant to notice the provisions of Article 246 of the Constitution. Article 246 deals with subject matter of laws made  by the Parliament and by the legislatures of State. Clause (1) of Article 246 inter alia provides that notwithstanding anything contained in Clauses (2) and (3) of Article 246, the Parliament has exclusive power to make laws with respect to any of the maters enumerated in List 1 in the Seventh  Schedule. Sub-Clause 2 of the said Article provides that notwithstanding anything in Clause (3), Parliament and subject to Clause (1), the legislature of any State also have power to make laws with respect to any of the matters enumerated in List 3 in the Seventh Schedule, whereas, Clause (3) of Article 246 amongst other things provides that subject to Clauses (1) and (2), the legislature of any State has exclusive power to make laws for such State or any part thereof with respect to any of the matters enumerated in List 2 in the Seventh Schedule. Entry 2 in List 3 i.e. Concurrent List in the Seventh Schedule mentions “Criminal Procedure, including in matters included in the Code of “Criminal procedure, at the commencement of this Constitution”. Thus there is no manner of doubt that Parliament and subject to Clause (1), the legislature of any State also has power to make laws with respect to Code of Criminal Procedure. Section 2(c) of the Code of Criminal Procedure, 1973 defines the phrase “Cognizable Offence” to mean an offence for which and “Cognizable Case” means a case in which, a Police Officer may, in accordance with the First Schedule or under any other law for the time being in force arrest without warrant. Part I of the First Schedule to the Code of Criminal Procedure, 1973 relating to offences under the Indian Penal Code inter alia mentions that Section 494 and 495 are non-cognizable. Section 154 of the Criminal Procedure Code relates to information in cognizable cases and provides inter alia that every information relating to the commission of a cognizable offence, if given orally to an Officer in charge of a Police Station, shall be reduced to writing by him and be read over to the informant. Section 156 of the Code provides that any Officer in charge of a Police Station may, without the order of a Magistrate, investigate any cognizable case which a Court having jurisdiction over a local area within the limits of such station would have power to enquire into or try under provisions of Chapter XIII of Criminal Procedure Code. As Sections 494 and 495 are made non-cognizable, a Police Officer would not have power to investigate those cases without the order of a Magistrate, having a power to try such cases or commit such cases for trial as provided under Section 155(2) of the Code.
However, this Court finds that the Legislative Assembly of the State of Andhra Pradesh enacted the Code of Criminal Procedure (Andhra Pradesh Second Amendment) Act, 1992. By the said Amending Act, the First Schedule to Central Act 2 of 1974 i.e. the Code of Criminal Procedure, 1973 came to be amended and against the entries relating to Section 494 in column 4 for the word “Ditto”, the word “Cognizable” and in column 5 for the word “Bailable” the word “Non-bailable” were substituted. Similarly, against the entries relating to Section 495 in column 4, for the word “Ditto” the word “Cognizable” and in column 5 for the word “Ditto”, the word “Non-bailable” were substituted. What is relevant to be noticed is that the Code of Criminal Procedure (Andhra Pradesh Second Amendment) Act, 1992 was reserved by the Governor of Andhra Pradesh on the 21st October, 1991 for consideration and assent of the President. The Presidential assent was received on 10th February, 1992 after which the Code of Criminal Procedure (Andhra Pradesh Second Amendment) Act, 1992 was published on the 15th February, 1992 in the Andhra Pradesh Gazette Part IV-B (Ext.). Thus there is no manner of doubt that Sections 494 and 495 IPC are cognizable offences so far as State of Andhra Pradesh is concerned.

And… in Para 14

*            *            *        *            *            *

In view of the above settled legal position, this Court has no doubt that the amendment made in the First Schedule to the Code of Criminal Procedure, 1973 by the Code of Criminal Procedure (Andhra Pradesh Second Amendment) Act, 1992, shall prevail in the State of Andhra Pradesh, notwithstanding the fact that in the Criminal Procedure Code, 1973 offences under Section 494 and 495 are treated as cognizable offences. The reasoning given by the Division Bench of High Court of Andhra Pradesh in Mavuri Rani Veera Bhadranna (supra) that though the State Legislation amended the Schedule making the offence under Section 494 IPC cognizable, the legislation made by the Parliament i.e. Section 198 of the Criminal Procedure Code remains and in the event of any repugnancy between the two legislations, the legislation made by the Parliament would prevail, because, Section 198 of the Criminal Procedure Code still holds the field despite the fact that the State Legislation made amendment to the Schedule of Criminal Procedure Code, with respect, is erroneous and contrary to all cannons of interpretation of statute. Once First Schedule to the Code of  Criminal Procedure, 1973 stands amended and offences punishable under Sections 494 and 495 IPC are made cognizable offences, those offences will have to be regarded as cognizable offences for all purposes of the Code of Criminal Procedure, 1973 including for the purpose of Section 198 of the Criminal Procedure Code. Section 198(1)(c), after the Amendment made by the Code of Criminal Procedure(Andhra Pradesh Second Amendment) Act, 1992 cannot be interpreted in isolation without referring to the fact that offences under Sections 494 and 495 IPC have been made cognizable so far as the State of Andhra Pradesh is concerned. Therefore, the provision made in Section 198(1)(c) that no Court shall take cognizance of an offences punishable under Chapter XX of the IPC except upon a complaint made by some person aggrieved will have to be read subject to the amendment made by the Legislative Assembly of the State of Andhra Pradesh in 1992. Once, it is held that the offences under Section 494 and 495 IPC are cognizable offences, the bar imposed by operative part of sub-section 1 of Section 198 of the Criminal Procedure Code beginning with the words “No Court shall take cognizance of an offence punishable under Chapter XX of the Indian Penal Code except upon a complaint made by some person aggrieved by the offence” gets lifted so far as offences punishable under Sections 494 and 495 IPC are concerned. As those offences have been made cognizable offences in the State of Andhra Pradesh since 1992, the same will have to be dealt with as provided in the Section 156 which inter alia provides that any officer in charge of a Police Station, may without the order of a Magistrate, investigate any cognizable case which a Court having jurisdiction over the local area within the limits of such station would have power to enquire into or try under the provisions of Chapter XIII. Even without the authorization under Section 155(2) or Section 156(3) of Criminal Penal Code, offences under Sections 494, 495 and 496 having been rendered cognizable and non-bailable by virtue of the Criminal Procedure Code (Amendment Act, 1992) can be investigated by the Police and no illegality is attached to the investigation of these offences by the police. If the Police Officer in charge of a Police Station is entitled to investigate offences punishable under Section 494 and 495 IPC, there is no manner of doubt that the competent Court would have all jurisdiction to take cognizance of the offences after receipt of report as contemplated under Section 173(2) of the Code. Thus, this Court finds that correct proposition of law was not laid down in Mavuri Rani Veera Bhadranna (supra) when the Division Bench of the Andhra Pradesh High Court in the said case held that as Section 198 of Criminal Procedure Code still holds the field despite the amendment made by State Legislature, the Court would have no jurisdiction to take cognizance of an offence punishable under Section 494 IPC on the basis of report submitted by the Investigating Officer. Even if it is assumed for the sake of argument that in view of Section 198(1)(c) of the Code of Criminal Procedure, the Magistrate is disentitled to take cognizance of the offences punishable under Sections 494 and 495 IPC despite the State amendment making those offences cognizable, this Court notices that in Mavuri Rani Veera Bhadranna (supra), the Division Bench has considered effect of Section 155(4) of the Criminal Procedure Code and thereafter held that the bar under Section 198 would not be applicable as complaint lodged before police for offence under Section 494 IPC also related to other cognizable offences and if police files a charge sheet, the Court can take cognizance also of offence under Section 494 along with other cognizable offences by virtue of Section 155 (4) of the Criminal Procedure Code.

And then in Para 15,

15. Section 155(4) of the Code inter alia provides that:-
“Where a case relates to two or more offences of which at least one is cognizable, the case shall be deemed to be a cognizable case, notwithstanding that the other offences are non-cognizable”
Here in this case in the charge sheet it is mentioned that the appellant has also committed offence punishable under Section 420 of the Indian Penal Code which is cognizable and therefore this is a case which relates to two or more offences of which at least one is cognizable and therefore the case must be deemed to be cognizable case notwithstanding that the other offences are non- cognizable. This is not a case in which the FIR is exclusively filed for commission of offences under Sections 494 and 495 IPC. The case of the respondent no. 2 is that the appellant has committed offences punishable under Sections 417, 420, 494, 495 and 498A of the IPC. A question may arise as to what should be the procedure to be followed by a complainant when a case involves not only non-cognizable offence but one or more cognizable offences as well. It is somewhat anomalous that the aggrieved person by the alleged commission of offences punishable under Sections 494 and 495 IPC should file complaint before a Court and that the same aggrieved person should approach the police officer for alleged commission of offences under Sections 417, 420 and 498A of the Indian Penal Code. Where the case involves one cognizable offence also along with non-cognizable offences it should not be treated as a non-cognizable case for the purpose of sub-section 2 of Section 155 and that is the intention of legislation which is manifested in Section 155(4) of the Code of Criminal Procedure. Therefore, the argument that the learned Magistrate could not have taken cognizance of the offences punishable under Sections 494 and 495 IPC on the basis of submission of charge sheet, cannot be accepted and is hereby rejected.

A.Subash Babu Vs State of A.P. and Anr on 21 July, 2011

Citations: [2011 SCALE 7 671], [2011 RCR CRIMINAL SC 3 674], [2011 RCR CIVIL SC 3 840], [2011 SCC 7 616], [2011 SLT 5 727], [2011 AIOL 509], [2011 ALLMR CRI SC 2931], [2011 ANJ SC 2 202], [2012 BOMCR CRI SC 1 379], [2011 JCC SC 3 2189], [2011 AIR SC 3031], [2011 SCC CRI 3 267], [2011 SCC CIV 3 851], [2011 AIR SC 4702], [2011 ULJ 3 139], [2011 AIC 107 51], [2011 SHIMLC 3 551], [2011 DMC SC 3 50], [2011 ALT CRI 3 242], [2012 BLJ 1 260], [2011 ACR SC 3 3182], [2011 DMC 2 827], [2011 KCCR SN 4 472], [2011 UC 2 1509], [2012 ALD CRI 1 210], [2011 SCR 9 453], [2011 JT SC 8 483], [2011 CRI LJ 4373], [2011 AIR SCW 4702]

Indiankanoon.org link:

https://indiankanoon.org/doc/1342950/

https://www.casemine.com/judgement/in/5609aeefe4b0149711415347


Here is the Andhra Pradesh HC judgement here from 2010 that got dislodged.


AP High Court had passed similar judgment here in 2014, which diligently follows the present Apex Court judgment as binding precedent under Article 141.


Another decision here in 2020 is partly perverse on the point that the Trial Court cannot take cognizance of a charge sheet because Even though offence under Section 494 IPC is made “cognizable” offence as per amendment Act 3 of 1992, there is no corresponding amendment made to Section 198 Cr.P.C. Therefore, the bar under Section 198 Cr.P.C. still subsists.

Therefore, DO NOT RELY on the above APHC Judgment with respect to taking/not taking of cognizance of a 494 IPC case by a Trial Court Magistrate.


For a similar adjudication from State of Odisha, go here.


Index of Bigamy offence u/s 494 and 495 IPC judgments is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision A.Subash Babu Vs State of A.P. and Anr Article 136 - Special leave to appeal by the Supreme Court Article 141 - Law declared by Supreme Court to be binding on all courts Article 142 - Enforcement of decrees and orders of Supreme Court and orders as to discovery etc Article 246 - Subject-matter of laws made by Parliament and by the Legislatures of States Article 254 - Inconsistency between laws made by Parliament and laws made by the Legislatures of States Code of Criminal Procedure (Andhra Pradesh Second Amendment) Act 1992 CrPC 155 - Information as to Non-Cognizable Cases and Investigation of Such Cases CrPC 156(3) - Any Magistrate Empowered u/s 190 May Order Such an Investigation as above-mentioned CrPC 173 - Report of Police Officer on Completion of Investigation CrPC 198(1) - Prosecution for Offences Against Marriage IPC 417 - Punishment for cheating IPC 420 - Cheating and dishonestly inducing delivery of property IPC 494 - Marrying again during life-time of husband or wife IPC 494 Compoundable Offence in Andhra Pradesh IPC 495 - Same offence with concealment of former marriage from person with whom subsequent marriage is contracted IPC 498A - Husband or relative of husband of a woman subjecting her to cruelty IPC 498A Compoundable Offence in Andhra Pradesh Landmark Case Legal Procedure Explained - Interpretation of Statutes Overruling Judgment Reportable Judgement or Order Sandeep Pamarati

Commissioner of Income-Tax Vs Thana Electricity Supply Ltd. on 22 April, 1993

Posted on October 5, 2019 by ShadesOfKnife

This a very good judgment from High Court of Bombay talking about binding nature of judgments, specifically termed as stare decisis.

Commissioner of Income-Tax Vs Thana Electricity Supply Ltd. on 22 April, 1993

Citation: [(1994) 206 ITR 727 (Bom)]

Indiankanoon.org Link: https://indiankanoon.org/doc/583752/


 

Posted in High Court of Bombay Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Article 141 - Law declared by Supreme Court to be binding on all courts Catena of Landmark Judgments Referred/Cited to Commissioner of Income-Tax Vs Thana Electricity Supply Ltd Landmark Case Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order Supreme Court Decisions Binding On All Courts Retrospectively Too

Thana Singh Vs Central Bureau of Narcotics on 23 January, 2013

Posted on August 14, 2019 by ShadesOfKnife

Hon’ble Supreme Court has passed directions in this Landmark order that are restricted only to the Bail proceedings under the NDPS Act. The directions pertain to below stages of the trial proceedings.

  1. Adjournments (4th proviso u/s 309 CrPC)
  2. Examination of witnesses (adopt the method of “session’s trials” and assign block dates for examination of witnesses)
  3. Workload of cases on Court
  4. Access to Narcotics laboratories
  5. Personnel
  6. Re-testing Provisions
  7. Monitoring of the NDPS cases
  8. Availability of Public Prosecutors
  9. Other recommendations: For the simplification of the above detailed process u/s 207 CrPC, we direct that the filing of the charge-sheet and supply of other documents must also be provided in electronic form.
Thana Singh Vs Central Bureau of Narcotics on 23 January, 2013

Citations: [2013 BOMCR CRI SC 2 280], [2013 CRLJ SC 1262], [2013 RCR CRIMINAL SC 1 861], [2013 SCALE 1 696], [2013 AIR SC 800], [2013 AIR BOMR 2 935], [2013 AIOL 44], [2013 JT 2 407], [2013 SCC 2 590], [2013 SLT 1 506], [2013 SCC CRI 2 818], [2013 SCC ONLINE SC 82], [2013 CRILJ 1262], [2013 AIC 123 177], [2013 ABR 2 935], [2013 ACR 2 1486], [2013 AD SC 3 288], [2013 ALLCC 81 473], [2013 JLJ 1 363], [2013 MLJ CRI 1 607], [2013 MPHT 2 241], [2013 SCR 2 899], [2013 BOMCR CRI 2 280], [2013 RCR CRIMINAL 1 861], [2013 AIR SCW 800], [2013 JT SC 2 407], [2013 MLJ CRL 1 607], [2013 CRI LJ 1262]

Other Sources:

 

https://www.casemine.com/judgement/in/5609af37e4b0149711415da8


This was reiterated by Supreme Court in here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision CrPC 309 - Power to Postpone or Adjourn Proceedings Direction to Legislature to Enact/Amend Landmark Case NDPS Act Reportable Judgement or Order Thana Singh Vs Central Bureau of Narcotics

Santhini Vs Vijaya Venketesh on 9 October, 2017

Posted on August 12, 2019 by ShadesOfKnife

The Dipak Misra Judgment based on a reference made by a 2-judge bench of Supreme Court here. You can assume how it would have been decided. The earlier judgment which got overruled is here (Krishna Veni Nagam Vs Harish Nagam on 9 March, 2017 ).

Santhini Vs Vijaya Venketesh on 9 October, 2017

Citations : [2017 BOMCR 6 315], [2017 CTC 6 81], [2017 KHC 5 48], [2017 KLT 4 415], [2017 RCR CIVIL 4 623], [2017 SCALE 12 359], [2018 SCC 1 1], [2017 SCC ONLINE SC 1202]

Other Sources :

https://indiankanoon.org/doc/184536583/

https://www.casemine.com/judgement/in/59dbc07bce686e237b6a89fc

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Krishna Veni Nagam Vs. Harish Nagam Overruling Judgment Reportable Judgement or Order Santhini Vs Vijaya Venketesh

Arun Vyas and Anr Vs Anita Vyas on 14 May 1999

Posted on June 30, 2019 by ShadesOfKnife

In this landmark judgment, Apex Court held that offence under Section 498-A of the I.P.C. is a continuing offence and that there would be a new starting point of limitation on each occasion on which the victim was subjected to cruelty. It was specifically held that the last act of cruelty was committed when the victim was forced to leave matrimonial home.

Arun Vyas & Anr vs Anita Vyas on 14 May, 1999

Citation: [1999 ACR SC 2 1456], [1999 CRI LJ 3479], [1999 CRIMES SC 3 90], [1999 DMC SC 2 247], [1999 JT SC 4 421], [1999 OLR 2 364], [1999 RCR CRIMINAL 2 828], [1999 SCALE 3 724], [1999 SCC 4 690], [1999 SCR 3 719], [1999 UJ 2 968], [1999 SCC CRI 629], [1999 AIR SC 0 2071], [1999 SCC CR 0 629], [1999 AIR SC 207], [1999 RCR CRI 2 828], [1999 CRLJ 0 3479], [1999 CALCRILR 0 297], [1999 AIR SC 0 1793], [1999 SCC 4 691], [2000 BOMCR SC 1 233], [1999 SUPREME 5 458]

Other Source links: https://indiankanoon.org/doc/1494464/ or https://www.casemine.com/judgement/in/5609ad5de4b0149711411319 or https://mynation.net/judgments/arun-vyas-anr-vs-anita-vyas-on-14-may-1999/


Orissa High Court passed a similar judgment here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Arun Vyas and Anr Vs Anita Vyas CrPC 472 - Continuing offence IPC 498A - 3 Years Limitation IPC 498A - Husband or relative of husband of a woman subjecting her to cruelty Landmark Case

Perumal Vs Janaki on 20 January, 2014

Posted on April 21, 2019 by ShadesOfKnife

Another landmark judgment from Justice Jasti Chalameswar on the Supervisory Authority of High Courts on Lower Courts in a state and how and why it should have been invoked in this case gainfully. If not under 193 IPC, invocation of 211 IPC was very much desirable in this case.

Another observation is that one can file Perjury under section 340 CrPC even after getting acquittal.

Perumal Vs Janaki on 20 January, 2014

Citations : [2015 NCC 1 678], [2014 SCC 5 377], [2014 SCC CRI 2 591], [2014 SCC ONLINE SC 46], [2014 CTC 1 664], [2014 AIC 135 224], [2014 AIOL 32], [2014 AIR SC 993], [2014 BOMCR CRI SC 2 70], [2014 CRLJ SC 1454], [2014 JT 2 180], [2014 SCALE 1 406], [2014 SLT 1 680], [2014 KLJ 1 688], [2014 AICLR 1 828], [2014 MLJ CRI 1 505], [2014 RAJ 1 30], [2014 SCJ 3 152], [2014 LW CRL 1 793], [2014 KCCR SN 3 166], [2014 AIR SCW 993], [2014 RCR CRIMINAL SC 1 851], [2014 CUT LT 118 22]

Other Sources :

https://indiankanoon.org/doc/25369927/

https://www.casemine.com/judgement/in/5609af43e4b0149711415fb6

 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision CrPC 340 - Perjury even after getting acquittal CrPC 340 read with CrPC 195 IPC 193 - Punishment for false evidence IPC 211 - False charge of offence made with intent to injure Landmark Case Legal Procedure Explained - Interpretation of Statutes Perjury Under 340 CrPC Perumal Vs Janaki Reportable Judgement or Order Work-In-Progress Article | Leave a comment

Kirti Nagpal Vs Rohit Girdhar on 12 February, 2019

Posted on March 30, 2019 by ShadesOfKnife

The cunning knife tried to extort money from husband saying he earns in dollars and hence he should pay her interim maintenance under HMA 24 as she just earns in rupees. Hon’ble Delhi High Court has shown the door to the knife.

PS: The husband is working as Vice President in Infineon Technologies at Singapore.

Kirti Nagpal Vs Rohit Girdhar on 12 February, 2019

Index of this couple’s cases is here.


Index of Section 24 HMA judgments is here.

Posted in High Court of Delhi Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Catena of Landmark Judgments Referred/Cited to HM Act Sec 24 - Interim Maintenance Denied Kirti Nagpal Vs Rohit Girdhar PPPI (Purchase Power Parity Index) | Leave a comment

Lata Singh Vs State of U.P. and Another on 7 July, 2006

Posted on March 21, 2019 by ShadesOfKnife

This is a landmark judgment from Hon’ble Supreme Court, to protect the folks who marry inter-caste or inter-religion and against the wishes of their parents, which could have led to honour killings or other forms of harassment and violence.

Lata Singh Vs State of U.P. and Another on 7 July, 2006

Citations : [2006 AIR SC 2522], [2006 SCR SUPP 3 350], [2006 SCC CRI 2 478], [2006 SCALE 6 583], [2006 SCC 5 475], [2006 SUPREME 5 266], [2006 CRLJ SC 3309], [2006 JT 6 173], [2006 ANJ SC 2 313], [2006 CRIMES SC 3 41], [2006 AIR SC 3499], [2006 KERLT 3 375], [2006 ALL LJ 5 357], [2006 AIR SCW 3499]

Other Sources :

https://indiankanoon.org/doc/1364215/

https://www.casemine.com/judgement/in/5609ae31e4b0149711413225


The index page is here.

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 Lata Singh Vs State of U.P. and Another Protection Against Honour Killing and Causing Other Violence Reportable Judgement or Order Right to Marry person of one's choice | Leave a comment

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Pregnant Yoga Teacher shows remarkable Balance & Flexibility... 🔥🔥

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ఆంధ్రప్రదేశ్ APCNF కి ప్రపంచ గుర్తింపు!
Food Planet Prize 2026 - $1.5 మిలియన్ గెలుచుకుంది 🏆

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