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Tag: Article 141 – Law declared by Supreme Court to be binding on all courts

In Re Cognizance for Extension of Limitation

Posted on November 26, 2020 by ShadesOfKnife

Supreme Court in this Suo moto Civil Writ Petition, had extended the limitation period from 15 March 2020 until further orders, due to the situation created by COVID-19

In Re Cognizance for Extension of Limitation on 23 Mar 2020

On 06-05-2020, The limitation was extended for all periods of limitation prescribed under the Arbitration and Conciliation Act, 1996 and under section 138 of the Negotiable Instruments Act 1881 shall be extended with effect from 15.03.2020 till further orders.

In Re Cognizance for Extension of Limitation on 06 May 2020

RBI was allowed to decide on the extension of any limitation that may be available under Banking Regulation Act,1949.

With reference to the prayer, that the period of validity of a cheque be extended, we find that the said period has not been prescribed by any Statute but it is a period prescribed by the Reserve Bank of India under Section 35-A of the Banking Regulation Act,1949. We do not consider it appropriate to interfere with the period prescribed by the Reserve Bank of India, particularly, since the entire banking system functions on the basis of the period so prescribed.
The Reserve Bank of India may in its discretion, alter such period as it thinks fit. Ordered accordingly.

Also on 20-07-2020, Whatsapp was allowed as one of the mode of serving notices.

Service of notices, summons and exchange of pleadings/documents, is a requirement of virtually every legal proceeding. Service of notices, summons
and pleadings etc. have not been possible during the period of lockdown because this involves visits to post offices, courier companies or physical delivery of notices, summons and pleadings. We, therefore, consider it appropriate to direct that such services of all the above may be effected by e-mail, FAX, commonly used instant messaging services, such as WhatsApp, Telegram, Signal etc. However, if a party intends to effect service by means of said instant messaging services, we direct that in addition thereto, the party must also effect service of the same document/documents by e-mail, simultaneously on the same date.

In Re Cognizance for Extension of Limitation on 10 Jul 2020

Supreme Court heard arguments and reserved it’s orders. Related news here.

In Re Cognizance for Extension of Limitation on 04 Mar 2021

Final Order passed on 08-03-2021.

4 In Re Cognizance for Extension of Limitation on 08 Mar 2021

On 27-04-2021, within 1 month of passing final order and disposing the petition, COVID-19 cases started to rise, so Supreme Court had to restore the Order passed on 23 Mar 2020

5 In Re Cognizance for Extension of Limitation on 27 Apr 2021

On 23-09-2021, Supreme Court ended the relaxation given to the limitation via March 8th Order.

7 In Re Cognizance for Extension of Limitation on 23 Sep 2021

On 10-01-2022, Supreme Court had to restore the order dt: 23-03-2020 given relaxation to the limitation, until 28-02-2022.

8 In Re Cognizance for Extension of Limitation on 10 Jan 2022

 

 


 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 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 COVID-19 induced Limitation extension Serving of Notice - WhatsApp | Leave a comment

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.


AP High Court had passed similar judgment here in 2014.


For a similar adjudication from State of Odisha, go 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

M/S. Kusum Ingots and Alloys Ltd Vs Union Of India and Anr on 28 April, 2004

Posted on October 5, 2019 by ShadesOfKnife

In this landmark judgment (per Obiter Dicta), Apex Court has held that,

A parliamentary legislation when it receives the assent of the President of India and is published in the Official Gazette, unless specifically excluded, will apply to the entire territory of India. If passing of a legislation gives rise to a cause of action, a writ petition questioning the constitutionality thereof can be filed in any High Court of the country. It is not so done because a cause of action will arise only when the provisions of the Act or some of them which were implemented shall give rise to civil or evil consequences to the petitioner. A writ court, it is well settled, would not determine a constitutional question in a vacuum.

The court must have the requisite territorial jurisdiction. An order passed on writ petition questioning the constitutionality of a Parliamentary Act whether interim or final keeping in view the provisions contained in Clause (2) of Article 226 of the Constitution of India, will have effect throughout the territory of India subject of course to the applicability of the Act.


Citations: [2004 SCALE 5 304], [2004 AIR SC 2321], [2004 SCC 6 254], [2004 BOMCR SC SUPP 2 654], [2004 AIR SC 2766], [2004 SUPREME 3 757], [2004 JT SUPP 1 475], [2004 ALLMR SC 5 700], [2004 DLT 111 480], [2004 COMPCAS 120 672], [2004 ELT 168 3], [2004 AIC SC 19 730], [2004 BC 3 56], [2004 COMPLJ SC 3 1], [2004 CTC 3 365], [2004 DRJ 77 317], [2004 ECR SC 114 1013], [2005 ECR SC 118 151], [2004 ELT SC 186 3], [2004 JCR SC 3 92], [2004 JT SUPPL SC 1 475], [2004 PLR 138 626]

Other Source links: https://indiankanoon.org/doc/1876565/ and https://www.casemine.com/judgement/in/5609ae06e4b0149711412bc2


See this, this, this and this Supreme Court Judgments. Many High Courts have relied on the above aspect of this Judgment here.


 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Article 141 - Law declared by Supreme Court to be binding on all courts Landmark Case M/S. Kusum Ingots and Alloys Ltd Vs Union Of India and Anr Obiter Dicta One State High Court Decisions Binding On Other State High Courts Supreme Court Decisions Binding On All Courts Retrospectively Too

Chetan Kumar Vs State of Punjab and Otrs on 28 February, 2019

Posted on March 12, 2019 by ShadesOfKnife

Basing on the landmark judgment here, Punjab High Court has struck down/quashed the pending 497 IPC case on the petitioner.

Chetan Kumar Vs State of Punjab and Otrs on 28 February, 2019
Posted in High Court of Punjab & Haryana Judgment or Order or Notification | Tagged Article 141 - Law declared by Supreme Court to be binding on all courts Chetan Kumar Vs State of Punjab and Otrs Supreme Court Decisions Binding On All Courts Retrospectively Too | Leave a comment

Article 141 of Constitution of India

Posted on March 12, 2019 by ShadesOfKnife
141. Law declared by Supreme Court to be binding on all court.
 
The law declared by the Supreme Court shall be binding on all courts within the territory of India
 
Note: This judgment here, declared that the judgments of SCI are retrospectively also applicable on all Courts in India.
Posted in The Constitution Of India | Tagged Article 141 - Law declared by Supreme Court to be binding on all courts | Leave a comment

Maj. Genl. A.S.Gauraya and Anr Vs S.N.Thakur and Anr on 25 April, 1986

Posted on March 12, 2019 by ShadesOfKnife

This is landmark judgment which held that a/c to Article 141 of Constitution of India, all judgments of Supreme Court of India are binding on all courts in India and they are applicable to all pending proceedings even with retrospective effect.

Maj. Genl. A.S.Gauraya and Anr Vs S.N.Thakur and Anr on 25 April, 1986
Posted in Supreme Court of India Judgment or Order or Notification | Tagged Article 141 - Law declared by Supreme Court to be binding on all courts Landmark Case Legal Procedure Explained - Interpretation of Statutes Maj. Genl. A.S.Gauraya and Anr Vs S.N.Thakur and Anr Supreme Court Decisions Binding On All Courts Retrospectively Too | Leave a comment

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