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: Catena of Landmark Judgments

Prabha Tyagi Vs Kamlesh Devi on 12 May 2022

Posted on May 20 by ShadesOfKnife

 

Prabha Tyagi Vs Kamlesh Devi on 12 May 2022

Citations :

Other Sources :

https://indiankanoon.org/doc/85317640/

https://www.casemine.com/judgement/in/627eb23ab50db90fd1943198

https://www.indianemployees.com/judgments/details/prabha-tyagi-vs-kamlesh-devi

Right to residence under DV Act not restricted to actual residence; Domestic relationship not necessary to be subsisting at the time of filing of application: SC 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Catena of Landmark Judgments Landmark Case Legal Procedure Explained - Interpretation of Statutes Prabha Tyagi Vs Kamlesh Devi PWDV Act Sec 17 - Right to reside in a shared household Reportable Judgement or Order Work-In-Progress Article | Leave a comment

Jagannath Verma and Ors Vs State of UP and Anr on 23 Sep 2014

Posted on May 1 by ShadesOfKnife

A Full bench of Allahabad High Court held that, an order of the magistrate rejecting an application under Section 156 (3) of the Code for the registration of a case by the police and for investigation is not an interlocutory order. Such an order is amenable to the remedy of a criminal revision under Section 397′

In view of the discussion above and for the reasons which we have furnished, we have come to the following conclusion:
(i) Before the Full Bench of this Court in Father Thomas, the controversy was whether a direction to the police to register a First Information Report in regard to a case involving a cognizable offence and for investigation is open to revision at the instance of a person suspected of having committed a crime against whom neither cognizance has been taken nor any process issued. Such an order was held to be interlocutory in nature and, therefore, to attract the bar under sub-section (2) of Section 397. The decision in Father Thomas does not decide the issue as to whether the rejection of an application under Section 156 (3) would be amenable to a revision under Section 397 by the complainant or the informant whose application has
been rejected;
(ii) An order of the magistrate rejecting an application under Section 156 (3) of the Code for the registration of a case by the police and for investigation is not an interlocutory order. Such an order is amenable to the remedy of a criminal revision under Section 397; and
(iii) In proceedings in revision under Section 397, the prospective accused or, as the case may be, the person who is suspected of having committed the crime is entitled to an opportunity of being heard before a decision is taken in the criminal revision.

Jagannath Verma and Ors Vs State of UP and Anr on 23 Sep 2014

Citations : [2015 ALLMR CRI 129], [2014 JIC 3 930], [2015 ALLCC 88 1], [2014 UPLBEC 4 2665], [2014 KLT SN 4 109], [2014 CTC 6 353], [2014 AIR ALL 214], [2014 ADJ 8 439], [2015 CCR ALL 2 59], [2015 RCR CRIMINAL 1 414], [2014 SCC ONLINE ALL 11859], [2014 MWN CRI 3 161], [2014 ALL LJ 6 405]

Other Sources :

https://indiankanoon.org/doc/128706736/

https://www.casemine.com/judgement/in/56b49301607dba348f003b58

Posted in High Court of Allahabad Judgment or Order or Notification | Tagged 3-Judge (Full) Bench Decision Catena of Landmark Judgments CrPC 156 - Police Officer's Power to Investigate Cognizable Case CrPC 156(3) - Any Magistrate Empowered u/s 190 May Order Such an Investigation as above-mentioned Jagannath Verma and Ors Vs State of UP and Anr Landmark Case Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order | Leave a comment

Ramkripal Charmakar Vs State of Madhya Pradesh on 19 Mar 2007

Posted on May 1 by ShadesOfKnife

Apex Court explained about offence of rape and the necessary ingredients to make out a case u/s 376 IPC.

Coming to the question as to whether Section 354 of the Act has any application, it is to be noted that the provision makes penal the assault or use of criminal force to a woman to outrage her modesty. The essential ingredients of offence under Section 354 IPC are:
(a) That the assault must be on a woman.
(b) That the accused must have used criminal force on her.
(c) That the criminal force must have been used on the woman intending thereby to outrage her modesty.
What constitutes an outrage to female modesty is nowhere defined in IPC. The essence of a woman’s modesty is her sex. The culpable intention of the accused is the crux of the matter. The reaction of the woman is very relevant, but its absence is not always decisive. Modesty in this Section is an attribute associated with female human beings as a class. It is a virtue which attaches to a female owing to her sex. The act of pulling a woman, removing her saree, coupled with a request for sexual intercourse, is such as would be an outrage to the modesty of a woman; and knowledge, that modesty is likely to be outraged, is sufficient to constitute the offence without any deliberate intention having such outrage alone for its object. As indicated above, the word ’modesty’ is not defined in IPC. The Shorter Oxford Dictionary (Third Edn.) defines the word ’modesty’ in relation to woman as follows:
“Decorous in manner and conduct; not forward or lower; Shame-fast; Scrupulously chast.”
Modesty is defined as the quality of being modest;and in relation to woman, “womanly propriety of behaviour; scrupulous chastity of thought, speech and conduct.” It is the reserve or sense of shame proceeding from instinctive aversion to impure or coarse suggestions. As observed by Justice Patterson in Rex v. James Llyod (1876) 7 C&P 817 in order to find the accused guilty of an assault with intent to commit a rape, court must be satisfied that the accused, when he laid hold of the prosecutrix, not only desired to gratify his passions upon her person but that he intended to do so at all events, and notwithstanding any resistance on her part. The point of distinction between an offence of attempt to commit rape
and to commit indecent assault is that there should be some action on the part of the accused which would show that he was just going to have sexual connection with her.

And finally,

A culprit first intends to commit the offence, then makes preparation for committing it and thereafter attempts to commit the offence. If the attempt succeeds, he has committed the offence; if he fails due to reasons beyond his control, he is said to have attempted to commit the offence. Attempt to commit an offence can be said to begin when the preparations are complete and the culprit commences to do something with the intention of committing the offence and which is a step towards the commission of the offence. The moment he commences to do an act with the necessary intention, he commences his attempt to commit the offence. The word ’attempt’ is not itself defined, and must, therefore, be taken in its ordinary meaning. This is exactly what the provisions of Section 511 require. An attempt to commit a crime is to be distinguished from an intention to commit it; and from preparation made for its commission. Mere intention to commit an offence, not followed by any act, cannot constitute an offence. The will is not to be taken for the deed unless there be some external act which shows that progress has been made in the direction of it, or towards maturing and effecting it. Intention is the direction of conduct towards the object chosen upon considering the motives which suggest the choice. Preparation consists in devising or arranging the means or measures necessary for the commission of the offence. It differs widely from attempt which is the direct movement towards the commission after preparations are made. Preparation to commit an offence is punishable only when the preparation is to commit offences under Section 122 (waging war against the Government of India) and Section 399 (preparation to commit dacoity). The dividing line between a mere preparation and an attempt is sometimes thin and has to be decided on the facts of each case. There is a greater degree of determination in attempt as compared with preparation.
An attempt to commit an offence is an act, or a series of acts, which leads inevitably to the commission of the offence, unless something, which the doer of the act neither foresaw nor intended, happens to prevent this. An attempt may be described to be an act done in part execution of a criminal design, amounting to more than mere preparation, but falling short of actual consummation, and, possessing, except for failure to consummate, all the elements of the substantive crime. In other words, an attempt consists in it the intent to commit a crime, falling short of, its actual commission or consummation/completion. It may consequently be defined as that which if not prevented would have resulted in the full consummation of the act attempted. The illustrations given in Section 511 clearly show the legislative intention to make a difference between the cases of a mere preparation and an attempt.
The sine qua non of the offence of rape is penetration, and not ejaculation. Ejaculation without penetration constitutes an attempt to commit rape and not actual rape. Definition of “rape” as contained in Section 375 IPC refers to “sexual intercourse” and the Explanation appended to the Section provides that penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape. Intercourse means sexual connection. In the instant case that connection has been clearly established. Courts below were perfectly justified in their view.

Ramkripal Charmakar Vs State of Madhya Pradesh on 19 Mar 2007

Citations : [2007 SCC 11 265], [2007 AIR SC 0 2198], [2007 ALD CRI 2 940], [2007 ALT CRI 3 135], [2007 JT 4 393], [2007 SCALE 4 438], [2007 SUPREME 5 297], [2007 AIR JHAR R 2 905], [2007 OLR 1 803], [2007 CRLR 308], [2007 RCR CRI 2 390], [2007 DLT CRI 2 108], [2007 SLT 3 726], [2007 AIOL 306], [2007 AIR SC 49], [2007 BOMCR CRI SC 1 200], [2008 SCC CRI 1 674], [2007 SCR 4 125], [2007 AIC SC 54 131], [2007 CRIMES SC 3 115], [2007 AIR SCW 2198], [2008 MLJ CRL 1 172], [2007 CRLJ SC 2302]

Other Sources :

https://indiankanoon.org/doc/1308370/

https://www.casemine.com/judgement/in/5609ae60e4b0149711413a7a

https://www.indianconstitution.in/2021/12/ramkripal-so-shyamlal-charmakar-vs.html

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Catena of Landmark Judgments IPC 354 - Assault of criminal force to woman with intent to outrage her modesty IPC 376 - Punishment for rape Landmark Case Legal Procedure Explained - Interpretation of Statutes Ramkripal Charmakar Vs State of Madhya Pradesh Reportable Judgement or Order | Leave a comment

Robarto Nieddu Vs State of Rajasthan and Anr on 20 Nov 2021

Posted on April 29 by ShadesOfKnife

Relying on Supreme Court judgment here, Single bench of Rajasthan High Court at Jodhpur held that non-citizen women residing in India temporarily also are classified as ‘aggrieved person’.

It is noted that as per section 2(a) of the Act of 2005, the definition of ‘aggrieved person’ is given and as per the definition itself, any woman including a foreign citizen who is subjected to domestic violence can maintain an application before the trial court under the Act of 2005.

Not only this, section 12 of the Act of 2005 provides that even an aggrieved person can prefer an application through protection officer seeking the relief under the Act of 2005.

The fact that the respondent No.2 is resident of Jodhpur for last about 25 years and after having solemnized marriage with the petitioner, the incident which is reported in the complaint also took place at Jodhpur and therefore, in view of definitions enumerated under sections 2 (a) and 12 of the Act of 2005, it is held that the application preferred by the respondent No.2 before the trial court is maintainable. The observations of the Supreme Court in the case of Shyamlal Devda & Ors. V/s Parimala reported in AIR 2020 SC 762 also fortifies the fact of maintainability of the application under section 12 of the Act of 2005 in the present case. Para 10 of the judgment rendered in the case of Shyamlal Devda.

A plain reading of Act of 2005 also reveals that protection under this Act is also extended to the persons who are temporarily resident of India being covered under the definition of aggrieved person as per section 2 (a) of the Act of 2005.
Even Article 21 of the Constitution of India extends the benefit of protection not only to every citizen of this country, but also to a “person” who may not be a citizen of the Country. Article 21 states that no person shall be deprived of his life or personal liberty except according to a procedure established by law. Therefore, looked at from that angle, a person aggrieved i.e. respondent No.2 is very much entitled to get protection of section 12 of the Act of 2005.

Robarto Nieddu Vs State of Rajasthan and Anr on 20 Nov 2021
Posted in High Court of Rajasthan Judgment or Order or Notification | Tagged 1-Judge Bench Decision Catena of Landmark Judgments Landmark Case PWDV Act 2(a) - Non citizen woman is also an Aggrieved Person PWDV Act Sec 12 - Domestic Violence Application to Magistrate Robarto Nieddu Vs State of Rajasthan and Anr Shyamlal Devda and Ors Vs Parimala | Leave a comment

D.K. Basu Vs State of West Bengal on 18 Dec 1996

Posted on April 26 by ShadesOfKnife

A division bench of Apex Court laid down certain guidelines to be followed in cases of arrest and detention till legal provisions are made in that behalf as preventive measures. The said guidelines read as follows:-

(1) The police personnel carrying out the arrest and handling the interrogation of the arrestee should bear accurate, visible and clear identification and name tags with their designations. The particulars of all such police personnel who handle interrogation of the arrestee must be recorded in a register.
(2) That the police officer carrying out the arrest of the arrestee shall prepare a memo of arrest at the time of arrest and such memo shall be attested by at least one witness, who may either be a member of the family of the arrestee or a respectable person of the locality from where the arrest is made. It shall also be countersigned by the arrestee and shall contain the time and date of arrest.
(3) A person who has been arrested or detained and is being held in custody in a police station or interrogation centre or other lock-up, shall be entitled to have one friend or relative or other person known to him or having interest in his welfare being informed, as soon as practicable, that he has been arrested and is being detained at the particular place, unless the attesting witness of the memo of arrest is himself such a friend or a
relative of the arrestee.
(4) The time, place of arrest and venue of custody of an arrestee must be notified by the police where the next friend or relative of the arrestee lives outside the district or town through the Legal Aid Organisation in the District and the police station of the area concerned telegraphically within a period of 8 to 12 hours after the arrest.
(5) The person arrested must be made aware of this right to have someone informed of his arrest or detention as soon as he is put under arrest or is detained.
(6) An entry must be made in the diary at the place of detention regarding the arrest of the person which shall also disclose the name of the next friend of the person who has been informed of the arrest and the names and particulars of the police officials in whose custody the arrestee is.
(7) The arrestee should, where he so requests, be also examined at the time of his arrest and major and minor injuries, if any present on his/her body, must be recorded at that time. The “Inspection Memo” must be signed both by the arrestee and the police officer effecting the arrest and its copy provided to the arrestee.
(8) The arrestee should be subjected to medical examination by a trained doctor every 48 hours during his detention in custody by a doctor on the panel of approved doctors appointed by Director, Health Services of the State or Union Territory concerned. Director, Health Services should prepare such a panel for all tehsils and districts as well.
(9) Copies of all the documents including the memo of arrest, referred to above, should be sent to the Illaqa Magistrate for his record.
(10) The arrestee may be permitted to meet his lawyer during interrogation, though not throughout the interrogation.
(11) A police control room should be provided at all district and State headquarters, where information regarding the arrest and the place of custody of the arrestee shall be communicated by the officer causing the arrest, within 12 hours of effecting the arrest and at the police control room it should be displayed on a conspicuous notice board.

D.K. Basu Vs State of West Bengal on 18 Dec 1996

Citations : [1997 ACR SC 21 277], [1997 AIR SC 610], [1997 ALD CRI 1 248], [1998 BLJR 1 161], [1997 CRILJ 743], [1996 CRIMES SC 4 233], [1997 GLR 2 1631], [1997 JT SC 1 1], [1997 RCR CRIMINAL 1 372], [1997 RLW SC 1 94], [1996 SCALE 9 298], [1997 SCC 1 416], [1996 SUPP SCR 10 284], [1997 SCC CRI 92], [1996 SUPPSCR 10 284]

Other Sources :

https://indiankanoon.org/doc/501198/

https://www.casemine.com/judgement/in/5609ace1e4b014971140fee9#

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Catena of Landmark Judgments CrPC 46 - Arrest how made D.K. Basu Vs State of West Bengal Landmark Case Legal Procedure Explained - Interpretation of Statutes Recommended Guidelines or Directions Reportable Judgement or Order | Leave a comment

Dr. Rini Johar and Anr Vs State of MP and Ors on 03 Jun 2016

Posted on April 26 by ShadesOfKnife

A division bench of Supreme Court granted compensation to victims of police harassment.

From Para 27,

27. In the case at hand, there has been violation of Article 21 and the petitioners were compelled to face humiliation. They have been treated with an attitude of insensibility. Not only there are violation of guidelines issued in the case of D.K. Basu (supra), there are also flagrant violation of mandate of law enshrined under Section 41 and Section 41-A of CrPC. The investigating officers in no circumstances can flout the law with brazen proclivity. In such a situation, the public law remedy which has been postulated in Nilawati Behra (supra), Sube Singh v. State of Haryana9, Hardeep Singh v. State of M.P.10, comes into play. The constitutional courts taking note of suffering and humiliation are entitled to grant compensation. That has been regarded as a redeeming feature. In the case at hand, taking into consideration the totality of facts and circumstances, we think it appropriate to grant a sum of Rs.5,00,000/- (rupees five lakhs only) towards compensation to each of the petitioners to be paid by the State of M.P. within three months hence. It will be open to the State to proceed against the erring officials, if so advised.

Dr. Rini Johar and Anr Vs State of MP and Ors on 03 Jun 2016

Citations : [2016 AIOL 3407], [2016 SCC ONLINE SC 594], [2016 SCC 11 703], [2017 SCC CRI 1 364], [2016 AIR SC 2679], [2016 AIC 163 98], [2016 CRI LJ 3156], [2016 GUJ LH 2 607], [2016 KLJ 3 613], [2016 KLT 3 502]

Other Sources :

https://indiankanoon.org/doc/103942103/

https://www.casemine.com/judgement/in/5790b545e561097e45a4e6b3

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Catena of Landmark Judgments CrPC 239 - Discharge Rejected CrPC 239 - Discharge Rejection is Set Aside CrPC 41 - When police may arrest without warrant CrPC 41B - Procedure of arrest and duties of officer making arrest CrPC 41D - Right of arrested person to meet an advocate of his choice during interrogation CrPC 46 - Arrest how made CrPC 482 – Criminal Proceeding Quashed Dr. Rini Johar and Anr Vs State of MP and Ors Grant Compensation For False Prosecution Landmark Case Reportable Judgement or Order | Leave a comment

Kamatchi Vs Lakshmi Narayanan on 13 Apr 2022

Posted on April 14 by ShadesOfKnife

A Full Bench of Apex Court (Justice Ravindra Bhat’s name is missing in the judgment PDF), while overruling Dr.P.Pathmanathan here, held that, limitation under section 468 CrPC does not apply to DV cases.

From Paras 20 and 21,

20. It is thus clear that the High Court wrongly equated filing of an application under Section 12 of the Act to lodging of a complaint or initiation of prosecution. In our considered view, the High Court was in error in observing that the application under Section 12 of the Act ought to have been filed within a period of one year of the alleged acts of domestic violence.

21. It is, however, true that as noted by the Protection Officer in his Domestic Inspection Report dated 2.08.2018, there appears to be a period of almost 10 years after 16.09.2008, when nothing was alleged by the appellant against the husband. But that is a matter which will certainly be considered by the Magistrate after response is received from the husband and the rival contentions are considered. That is an exercise which has to be undertaken by the Magistrate after considering all the factual aspects presented before him, including whether the allegations constitute a continuing wrong.

Kamatchi Vs Lakshmi Narayanan on 13 Apr 2022

Citations :

Other Sources :

https://indiankanoon.org/doc/147915185/

https://www.lawyersclubindia.com/judiciary/court-entitled-to-take-cognizance-where-the-complaint-was-filed-within-the-limitation-period-sc-in-kamatchi-vs-lakshmi-narayanan-5857.asp

https://www.livelaw.in/top-stories/limitation-period-us-468-crpc-not-applicable-application-us-12-domestic-violence-supreme-court-kamatchi-vs-lakshmi-narayanan-2022-livelaw-sc-370-196595

https://www.barandbench.com/news/application-under-section-12-of-domestic-violence-act-need-not-be-filed-within-1-year-of-alleged-act-of-domestic-violence-supreme-court


Earlier decision of Madras High Court here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 3-Judge (Full) Bench Decision Catena of Landmark Judgments CrPC 468 - Bar to taking cognizance after lapse of the period of limitation Dr.P.Pathmanathan and Ors Vs V.Monica and Anr Kamatchi Vs Lakshmi Narayanan Landmark Case Overruled Dr.P.Pathmanathan Overruling Judgment PWDV Act - Time Limitation not applicable for Sec 12 Application but for Sec 31 Offence Reportable Judgement or Order | Leave a comment

Priya Bala Ghosh Vs Suresh Chandra Ghosh on 4 Mar 1971

Posted on April 12 by ShadesOfKnife

A Division Bench of Apex Court held that, the second marriage has to be proved by establishing the ceremonies constituting the same have been gone through for an offence of Bigamy to be made out.

As pointed out earlier, this Court in Kanwal Ram’s case has laid down that an admission is not evidence of the fact that the second marriage has taken place after the ceremonies constituting the same have been gone through.

Towards the end of Judgment:

Further as pointed out by this Court in Kawal Ram’s case, the admission in Ex. 2 cannot in law be treated as evidence of the second marriage having taken place in an adultery or bigamy case: and that in such cases it must be proved by the prosecution that the second marriage as a fact has taken place after the performance of the essential ceremonies. Mr. Majumdar relied on the decision of this Court in Bharat Singh and another vs. Bhagirathi(1) to the effect that the admissions made by a party are substantive evidence by themselves in view of ss. 17 and 21 of the Indian Evidence Act, and that if those admissions have been duly proved they can be relied on irrespective of the fact whether the party making them appear in the witness box or not or irrespective of the fact whether such a party had or had not been confronted with those admissions. We do not think that the said decision in any way supports the appellant with regard to prosecution for bigamy under s. 494 I.P.C. To conclude, we have already referred to the fact that both the learned Sessions Judge and the High Court have categorically found that the Homo and Saptapadi are the essential rites-for a marriage according to the law governing the parties and that there is no evidence that these two essential ceremonies have been performed when the respondent is stated to have married Sandhya Rani. No reliance can be placed on the admissions stated to be contained in Ex. 2.

Priya Bala Ghosh Vs Suresh Chandra Ghosh on 4 Mar 1971

Citations : [1972 CRI LJ 275], [1971 SCC 1 864], [1971 SCC CRI 362], [1971 SCR 3 961], [1971 AIR SC 1153], [1971 CRLJ SC 939]

Other Sources :

https://indiankanoon.org/doc/80924/

https://www.casemine.com/judgement/in/5609ab75e4b014971140c8aa

https://www.the-laws.com/Encyclopedia/browse/Case?CaseId=001791071000&Title=PRIYA-BALA-GHOSH-Vs.-SURESH-CHANDRA-GHOSH

 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Catena of Landmark Judgments IPC 494 - Marrying again during life-time of husband or wife Landmark Case Legal Procedure Explained - Interpretation of Statutes Priya Bala Ghosh Vs Suresh Chandra Ghosh Reportable Judgement or Order | Leave a comment

Renuka Vs Sangappa on 11 Dec 2019

Posted on November 13, 2021 by ShadesOfKnife

A division bench of Karnataka HC held as follow with regards to Cruelty and Desertion grounds as found under Hindu Marriage Act 1955.

From Para 9,

9. The Trial Court examined PWs-1 to 3 and RW-1 and perused Ex.P1 and Exs.R1 to R8. The appellants attitude towards the respondent and staying away from him for years together and so also filing a petition for maintenance in Criminal miscellaneous No.95/2007 and partition suit in O.S.No.73/2005, she has not made any efforts to join her husband. On the other hand, the respondent had filed petition under Section 9 of the Hindu Marriage Act and petition was not continued on account of appellants readiness and willingness to join the respondent due to which the respondent had withdrawn the petition filed under Section 9 of the Hindu Marriage Act. Even thereafter the appellant had not joined the respondent. The appellant has not apprised the Trial Court as well as before this Court by producing any material evidence and so also what efforts she has made all these years to join the respondent. The contention of the appellant that she is ready to join her husband is only an afterthought for the reasons that she had ample opportunity of joining the respondent during the pendency of M.C.No.4/2010. Now we are in the year 2019. Even during the period from 30.11.2013, the date on which M.C.No.4/2010 was disposed off, till date she has not shown her willingness to join her husband. If her intention was really to join her husband, both Trial and this Court would have made necessary efforts to refer the matter to the Mediation & Conciliation Centre. Therefore, the attitude of the appellant towards respondent for these many years resulted in failure of marriage among the appellant and the respondent. Once the appellant failed to return to her marital home and remained in her parental house for more than one and half decade amounts to both desertion and cruelty.

From Para 16,

16. The principle is, thus, settled that whether in the facts and circumstances of a given case, the plaintiff has been able to make out a case of grant of divorce on the ground of cruelty would depend upon the nature of pleadings and evidence in that case and there can be no straitjacket formula nor an exhaustive list of instances can be prepared, where cruelty is said to have been committed by one or other party to the marriage. Cruelty can also not be inferred by applying any formula because the said question is to be determined keeping in view the social status of the parties, their financial and other conditions, the atmosphere and the kind of employment or vocation which they carry out would all be important to interfere whether on the given set of allegations it has become difficult for the plaintiff to live with the other side and the behaviour of such degree which amounts to the cruelty.

Renuka Vs Sangappa on 11 Dec 2019

Citations :

Other Sources :

https://www.legitquest.com/case/renuka-v-sangappa/1a2cde

https://www.lawyerservices.in/Renuka-Versus-Sangappa-2019-12-11

Posted in High Court of Karnataka Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Catena of Landmark Judgments Divorce granted on Cruelty ground Divorce granted on Desertion ground HM Act 13 - Divorce Granted to Husband Renuka Vs Sangappa Reportable Judgement or Order | Leave a comment

Neeharika Infrastructure Pvt Ltd Vs State of Maharashtra and Ors on 13 Apr 2021

Posted on November 10, 2021 by ShadesOfKnife

This is a landmark judgment from the 3-judge full-bench of Supreme Court of India.

From Para 23,

23. In view of the above and for the reasons stated above, our final conclusions on the principal/core issue, whether the High Court would be justified in passing an interim order of stay of investigation and/or “no coercive steps to be adopted”, during the pendency of the quashing petition under Section 482 Cr.P.C and/or under Article 226 of the Constitution of India and in what circumstances and whether the High Court would be justified in passing the order of not to arrest the accused or “no coercive steps to be adopted” during the investigation or till the final report/chargesheet is filed under Section 173 Cr.P.C., while dismissing/disposing of/not entertaining/not quashing the criminal proceedings/complaint/FIR in exercise of powers under Section 482 Cr.P.C. and/or under Article 226 of the Constitution of India, our final conclusions are as under:

i) Police has the statutory right and duty under the relevant provisions of the Code of Criminal Procedure contained in Chapter XIV of the Code to investigate into a cognizable offence;
ii) Courts would not thwart any investigation into the cognizable offences;
iii) It is only in cases where no cognizable offence or offence of any kind is disclosed in the first information report that the Court will not permit an investigation to go on;
iv) The power of quashing should be exercised sparingly with circumspection, as it has been observed, in the ‘rarest of rare cases (not to be confused with the formation in the context of death penalty).
v) While examining an FIR/complaint, quashing of which is sought, the court cannot embark upon an enquiry as to the reliability or genuineness or otherwise of the allegations made in the FIR/complaint;
vi) Criminal proceedings ought not to be scuttled at the initial stage;
vii) Quashing of a complaint/FIR should be an exception rather than an ordinary rule;
viii) Ordinarily, the courts are barred from usurping the jurisdiction of the police, since the two organs of the State operate in two specific spheres of activities and one ought not to tread over the other sphere;
ix) The functions of the judiciary and the police are complementary, not overlapping;
x) Save in exceptional cases where non-interference would result in miscarriage of justice, the Court and the judicial process should not interfere at the stage of investigation of offences;
xi) Extraordinary and inherent powers of the Court do not confer an arbitrary jurisdiction on the Court to act according to its whims or caprice;
xii) The first information report is not an encyclopaedia which must disclose all facts and details relating to the offence reported. Therefore, when the investigation by the police is in progress, the court should not go into the merits of the allegations in the FIR. Police must be permitted to complete the investigation. It would be premature to pronounce the conclusion based on hazy facts that the complaint/FIR does not deserve to be investigated or that it amounts to abuse of process of law. After investigation, if the investigating officer finds that there is no substance in the application made by the complainant, the investigating officer may file an appropriate report/summary before the learned Magistrate which may be considered by the learned Magistrate in accordance with the known procedure;
xiii) The power under Section 482 Cr.P.C. is very wide, but conferment of wide power requires the court to be more cautious. It casts an onerous and more diligent duty on the court;
xiv) However, at the same time, the court, if it thinks fit, regard being had to the parameters of quashing and the self-restraint imposed by law, more particularly the parameters laid down by this Court in the cases of R.P. Kapur (supra) and Bhajan Lal (supra), has the jurisdiction to quash the FIR/complaint;
xv) When a prayer for quashing the FIR is made by the alleged accused and the court when it exercises the power under Section 482 Cr.P.C., only has to consider whether the allegations in the FIR disclose commission of a cognizable offence or not. The court is not required to consider on merits whether or not the merits of the allegations make out a cognizable offence and the court has to permit the investigating agency/police to investigate the allegations in the FIR;
xvi) The aforesaid parameters would be applicable and/or the aforesaid aspects are required to be considered by the High Court while passing an interim order in a quashing petition in exercise of powers under Section 482 Cr.P.C. and/or under Article 226 of the Constitution of India. However, an interim order of stay of investigation during the pendency of the quashing petition can be passed with circumspection. Such an interim order should not require to be passed routinely, casually and/or mechanically. Normally, when the investigation is in progress and the facts are hazy and the entire evidence/material is not before the High Court, the High Court should restrain itself from passing the interim order of not to arrest or “no coercive steps to be adopted” and the accused should be relegated to apply for anticipatory bail under Section 438 Cr.P.C. before the competent court. The High Court shall not and as such is not justified in passing the order of not to arrest and/or “no coercive steps” either during the investigation or
till the investigation is completed and/or till the final report/chargesheet is filed under Section 173 Cr.P.C., while dismissing/disposing of the quashing petition under Section 482 Cr.P.C. and/or under Article 226 of the Constitution of India.
xvii) Even in a case where the High Court is prima facie of the opinion that an exceptional case is made out for grant of interim stay of further investigation, after considering the broad parameters while exercising the powers under Section 482 Cr.P.C. and/or under Article 226 of the Constitution of India referred to hereinabove, the High Court has to give brief reasons why such an interim order is warranted and/or is required to be passed so that it can demonstrate the application of mind by the Court and the higher forum can consider what was weighed with the High Court
while passing such an interim order.
xviii) Whenever an interim order is passed by the High Court of “no coercive steps to be adopted” within the aforesaid parameters, the High Court must clarify what does it mean by “no coercive steps to be adopted” as the term “no coercive steps to be adopted” can be said to be too vague and/or broad which can be misunderstood and/or misapplied.

Neeharika Infrastructure Pvt Ltd Vs State of Maharashtra and Ors on 13 Apr 2021

Citations : [2021 SCC ONLINE SC 315]

Other Sources :

https://indiankanoon.org/doc/199473647/

https://www.casemine.com/judgement/in/607d22efba0bb01cbed0c0a7

https://www.indianemployees.com/judgments/details/m-s-neeharika-infrastructure-pvt-ltd-versus-state-of-maharashtra-and-others

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 3-Judge (Full) Bench Decision Article 226 - Power of High Courts to issue certain writs Catena of Landmark Judgments CrPC 482 - Quash Landmark Case Neeharika Infrastructure Pvt Ltd Vs State of Maharashtra and Ors Recommended Guidelines or Directions | Leave a comment

Post navigation

  • Older posts

Search within entire Content of “Shades of Knife”

My Legal Twitter Timeline

Tweets by @SandeepPamarati

My MRA Twitter Timeline

Tweets by @Shadesofknife

Recent Posts

  • MS Knit Pro International Vs State of NCT Delhi and Anr on 20 May 2022 May 23, 2022
  • Prabha Tyagi Vs Kamlesh Devi on 12 May 2022 May 20, 2022
  • Doongar Singh and Ors Vs The State Of Rajasthan on 28 Nov 2017 May 20, 2022
  • Anurag Saxena Vs Union of India on 17 May 2022 May 19, 2022
  • Sumer Singh Salkan Vs Asstt Director and Ors on 11 Aug 2010 May 15, 2022

Most Read Posts

  • Lifecycle Stages of a Maintenance Case under 125 CrPC (3,472 views)
  • Arunkumar N Chaturvedi Vs The State of Maharashtra and Anr on 24 Dec 2013 (2,694 views)
  • Neha Vs Vibhor Garg on 12 Nov 2021 (1,893 views)
  • Bhagyashri Jagdish Jaiswal Vs Jagdish Sajjanlala Jaiswal and Anr on 26 Feb 2022 (1,108 views)
  • Jagdish Shrivastava Vs State of Maharashtra on 11 Mar 2022 (1,000 views)
  • Deepak Sharma Vs State of Haryana on 12 Jan 2022 (668 views)
  • NBW Judgments (620 views)
  • Life Cycles of Various case types (560 views)
  • Busarapu Satya Yesu Babu Vs State of AP and Sake Roja on 05 Nov 2021 (517 views)
  • Rajendra Bhagat Vs State of Jharkhand on 03 Jan 2022 (513 views)

Tags

Legal Procedure Explained - Interpretation of Statutes (299)Reportable Judgement or Order (285)Landmark Case (282)Work-In-Progress Article (213)2-Judge (Division) Bench Decision (206)Catena of Landmark Judgments (184)1-Judge Bench Decision (100)Sandeep Pamarati (85)3-Judge (Full) Bench Decision (70)Article 21 - Protection of life and personal liberty (70)Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations (50)Reprimands or Setbacks to YCP Govt of Andhra Pradesh (49)Perjury Under 340 CrPC (48)Summary Post (46)CrPC 482 - Quash (37)Recommended Guidelines or Directions (33)Advocate Antics (33)Rules of the Act/Ordinance/Notification/Circular (32)IPC 498a - Not Made Out (32)PWDV Act 20 - Maintenance Granted (31)

Categories

Supreme Court of India Judgment or Order or Notification (588)Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments (292)High Court of Andhra Pradesh Judgment or Order or Notification (151)High Court of Delhi Judgment or Order or Notification (103)High Court of Bombay Judgment or Order or Notification (86)High Court of Karnataka Judgment or Order or Notification (55)General Study Material (55)High Court of Madras Judgment or Order or Notification (47)LLB Study Material (46)Prakasam DV Cases (46)Assorted Court Judgments or Orders or Notifications (45)Judicial Activism (for Public Benefit) (38)High Court of Punjab & Haryana Judgment or Order or Notification (38)High Court of Allahabad Judgment or Order or Notification (34)District or Sessions or Magistrate Court Judgment or Order or Notification (32)High Court of Kerala Judgment or Order or Notification (25)High Court of Madhya Pradesh Judgment or Order or Notification (24)High Court of Gujarat Judgment or Order or Notification (24)High Court of Calcutta Judgment or Order or Notification (17)High Court of Patna Judgment or Order or Notification (14)

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

  • May 2022 (10)
  • April 2022 (32)
  • March 2022 (17)
  • February 2022 (6)
  • January 2022 (2)
  • December 2021 (7)
  • November 2021 (7)
  • October 2021 (6)
  • September 2021 (10)
  • August 2021 (31)
  • July 2021 (45)
  • June 2021 (17)
  • May 2021 (17)
  • April 2021 (18)
  • March 2021 (58)
  • February 2021 (14)
  • January 2021 (50)
  • December 2020 (35)
  • November 2020 (68)
  • October 2020 (67)
  • September 2020 (29)
  • August 2020 (41)
  • 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 (73)
  • 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 Workers Analytics Issues May 23, 2022
    May 23, 21:51 UTCInvestigating - Some customers might experience errors accessing Cloudflare Workers Analytics data in the Cloudflare dashboard and APIs.
  • Network Performance Issues in the Czech Republic May 23, 2022
    May 23, 17:24 UTCResolved - This incident has been resolved.May 23, 15:57 UTCIdentified - The issue has been identified and a fix is being implemented.May 23, 15:54 UTCInvestigating - Cloudflare is investigating issues with network performance in the Czech Republic. We are working to analyze and mitigate this problem. More updates to follow shortly.
  • Cloudflare Community Maintenance May 23, 2022
    May 23, 15:00 UTCCompleted - The scheduled maintenance has been completed.May 23, 13:00 UTCIn progress - Scheduled maintenance is currently in progress. We will provide updates as necessary.May 19, 21:24 UTCScheduled - Our vendor will be conducting a planned maintenance on the Cloudflare Community site (https://community.cloudflare.com).The Community may observe a short (1 - 2 minutes) […]

RSS List of Spam Server IPs from Project Honeypot

  • 103.243.242.25 | SD May 22, 2022
    Event: Bad Event | Total: 1,224 | First: 2021-07-31 | Last: 2022-05-22
  • 106.13.128.148 | S May 22, 2022
    Event: Bad Event | Total: 8 | First: 2022-05-22 | Last: 2022-05-22
  • 192.3.198.24 | S May 22, 2022
    Event: Bad Event | Total: 21 | First: 2022-04-03 | Last: 2022-05-22
Proudly powered by WordPress
Theme: Flint by Star Verte LLC

Bad Behavior has blocked 598 access attempts in the last 7 days.

pixel