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Tag: Catena of Landmark Judgments Referred/Cited to

Arnab Ranjan Goswami Vs UOI and Ors on 19 May 2020

Posted on May 21, 2020 by ShadesOfKnife

Justice Dr Dhananjaya Y Chandrachud, gave this Judgment.

From Para 26,

26. At this stage, it is necessary to note that the attention of Mr Kapil Sibal and Dr Singhvi, learned Senior Counsel was specifically drawn to the fact that the FIRs which were filed in various states by persons professing allegiance to the INC appear, prima facie, to be reproductions of the same language and content. Responding to this, Mr Sibal fairly stated that in the exercise of the jurisdiction under Article 32, this Court may well quash all the other FIRs and allow the investigation into the FIR which has been transferred to the NM Joshi Marg Police Station in Mumbai to proceed in accordance with law. Mr Sibal has also urged that there cannot be any dispute in regard to the legal position that a complaint in regard to the offence of defamation can only be at the behest of the person who is aggrieved. Consequently, the FIR which has been presently under investigation at the NM Joshi Marg Police Station in Mumbai would not cover any offence under Section 499 of the IPC.

 

Arnab Ranjan Goswami Vs UOI and Ors on 19 May 2020

 


Citations: [

Other Source links:

 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Arnab Ranjan Goswami Vs UOI and Ors Article 32 - Remedies for enforcement of rights conferred by this Part Avoid Multiplicity Of Litigation Catena of Landmark Judgments Referred/Cited to IPC 499 - Defamation Work-In-Progress Article | Leave a comment

Nawal Kishore Sharma Vs Union of India and Ors on 7 August 2014

Posted on May 16, 2020 by ShadesOfKnife

This judgment from Supreme Court hits the final nail of those persons who say a High Court does not have territorial jurisdiction beyond it’s borders. It also cites Kusum Ingots where by Supreme Court has expressed an Obiter Dicta (Judicial opinion, different from ratio decidendi, which is word of Judge based on case facts) to the same effect.

From Para 11

11. On a plain reading of the amended provisions in clause (2), it is clear that now the High Court can issue a writ when the person or the authority against whom the writ is issued is located outside its territorial jurisdiction, if the cause of action wholly or partially arises within the court’s territorial jurisdiction. Cause of action for the purpose of Article 226(2) of the Constitution, for all intent and purpose must be assigned the same meaning as envisaged under Section 20(c) of the Code of Civil Procedure. The expression cause of action has not been defined either in the Code of Civil  Procedure or the Constitution. Cause of action is bundle of facts which is necessary for the plaintiff to prove in the suit before he can succeed. The term “cause of action” as appearing in clause (2) came up for consideration time and again before this Court.

Nawal Kishore Sharma Vs Union of India and Ors on 7 August 2014

Citations: [2014 AIR SC 3607], [2014 AJR 4 410], [2014 ALR 106 710], [2014 AWC SC 5 4947], [2014 SCSUPPL CHN 5 192], [2014 FLR 143 1015], [2014 JLJR 4 69], [2014 PLJR 4 227], [2014 SCALE 9 244], [2014 SCC 9 329], [2014 SCJ 7 307], [2014 SCT SC 4 129], [2014 SLJ SC 3 175], [2014 SCC ONLINE SC 610], [2014 AIC 142 193], [2014 ALLLR 106 710], [2014 KHC 0 4507], [2014 AIOL 481], [2014 JT 9 46], [2014 SLT 6 703], [2014 SUPREME 5 689], [2015 LW 1 810], [2014 CALHN 5 192]

Other Source links: https://indiankanoon.org/doc/70426214/ or https://www.casemine.com/judgement/in/5609af57e4b01497114161bb


This was followed in this 2-judge bench judgment of Allahabad High Court here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Article 226 - Power of High Courts to issue certain writs Catena of Landmark Judgments Referred/Cited to Landmark Case Legal Procedure Explained - Interpretation of Statutes M/S. Kusum Ingots and Alloys Ltd Vs Union Of India and Anr Nawal Kishore Sharma Vs Union of India and Ors PIL - Effective Solution to Reduce False Dowry Cases Reportable Judgement or Order Sandeep Pamarati Territorial Jurisdiction of High Courts | Leave a comment

In Re Ramlila Maidan Incident Dt. 4.06.2011 Vs UOI and Ors on 23 February 2012

Posted on May 16, 2020 by ShadesOfKnife

 

In Re Ramlila Maidan Incident Dt. 4.06.2011 Vs UOI and Ors on 23 February 2012

Citations: []

Other Source links:


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 Catena of Landmark Judgments Referred/Cited to In Re Ramlila Maidan Incident Dt. 4.06.2011 Vs UOI and Ors Misuse of Police Powers Public Interest Litigation Reportable Judgement or Order Right to Sleep | Leave a comment

Afzal Ansari and 2 Ors Vs State Of U.P. and 2 Ors on 15 May 2020

Posted on May 16, 2020 by ShadesOfKnife

Allahabad High Court has held that,

From Para 39,

39. Therefore, we are of the considered opinion that Azan can be recited by Muezzin from minarets of the Mosques by human voice without using any amplifying device and the administration is directed not to cause hindrance in the same on the pretext of the Guidelines to contain the  pandemic Covid19, unless such guidelines are being violated.

From Para 40,

40. Therefore, it is held that Azan may be an essential and integral part of Islam but recitation of Azan through loudspeakers or other sound amplifying devices cannot be said to be an integral part of the religion, warranting protection of the fundamental right enshrined under Article 25 of the Constitution of India, which is even otherwise subject to public order, morality or health and to other provisions of part III of the Constitution of India. Thus, under no circumstances sound amplifying devices can be permitted to be used between 10.00 p.m. to 6.00 a.m. by the district  administrations. Further, the petitioners have failed to bring on record or even plead that they sought any such permission for the use of sound amplifying devices, for recital of Azan from their respective mosques and, therefore, their use without such permission would be illegal and cannot be accorded approval by this Court. However, in case any such application is filed before the concerned authorities, that may be dealt with in accordance with law including Noise Pollution Rules. Furthermore, as already discussed in detail hereinabove, Azan can be recited by Muezzin from minarets of the Mosques by human voice without using any amplifying device and such recitation cannot be hindered with under the pretext of violation of the Guidelines issued by the State, to contain the pandemic Covid19.

Afzal Ansari and 2 Ors Vs State Of U.P. and 2 Ors on 15 May 2020

Citations: [2020 SCC ONLINE ALL 592]

Other Source links:

https://indiankanoon.org/doc/46976882/

https://www.casemine.com/judgement/in/5ecdf3b59fca191563b4b510

All HC | ‘Azan’ an essential & integral part of Islam but use of loud­speakers is not; Right to offer Azan by voice, protected under Art. 25 of Constitution

Posted in High Court of Allahabad Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Afzal Ansari and 2 Ors Vs State Of U.P. and 2 Ors Article 21 - Protection of life and personal liberty Catena of Landmark Judgments Referred/Cited to Issue of Usage of Loud Speakers Public Interest Litigation Reportable Judgement or Order | Leave a comment

Sandhya Manoj Wankhade Vs Manoj Bhimrao Wankhade and Ors on 31 January 2011

Posted on May 15, 2020 by ShadesOfKnife

Supreme Court held that Women can also be made respondents in a DV case.

From Paras 12, 13 and 14,

12. From the above definition it would be apparent that although Section 2(q) defines a respondent to mean any adult male person, who is or has been in a domestic relationship with the aggrieved person, the proviso widens the scope of the said definition by including a relative of the husband or male partner within the scope of a complaint, which may be filed by an aggrieved wife or a female living in a relationship in the nature of a marriage.
13. It is true that the expression “female” has not been used in the proviso to Section 2(q) also, but, on the other hand, if the Legislature intended to
exclude females from the ambit of the complaint, which can be filed by an aggrieved wife, females would have been specifically excluded, instead of
it being provided in the proviso that a complaint could also be filed against a relative of the husband or the male partner. No restrictive meaning has been given to the expression “relative”, nor has the said expression been specifically defined in the Domestic Violence Act, 2005, to make it specific to males only.
14. In such circumstances, it is clear that the legislature never intended to exclude female relatives of the husband or male partner from the ambit of a complaint that can be made under the provisions of the Domestic Violence Act, 2005.

Sandhya Manoj Wankhade Vs Manoj Bhimrao Wankhade and Ors on 31 January 2011

Citations: []

Other Source links:


After more than 5 long years, Supreme Court has struck down two words “Adult male” from Sec 2(q) of PWDV Act 2005 here.


The index page is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Catena of Landmark Judgments Referred/Cited to Landmark Case Legal Procedure Explained - Interpretation of Statutes PWDV Act Sec 2(q) – Women Can Be Respondents In PWDV Case Reportable Judgement or Order Sandhya Manoj Wankhade Vs Manoj Bhimrao Wankhade and Ors Work-In-Progress Article | Leave a comment

D. Velusamy Vs D. Patchaiammal on 21 October 2010

Posted on May 15, 2020 by ShadesOfKnife

Justice Katju held as follows:

33. In our opinion a ‘relationship in the nature of marriage’ is akin to a common law marriage. Common law marriages require that although not
being formally married :-
(a) The couple must hold themselves out to society as being akin to spouses.
(b) They must be of legal age to marry.
(c) They must be otherwise qualified to enter into a legal marriage, including being unmarried.
(d) They must have voluntarily cohabited and held themselves out to the world as being akin to spouses for a significant period of time.

In our opinion a ‘relationship in the nature of marriage’ under the 2005 Act must also fulfill the above requirements, and in addition the parties
must have lived together in a ‘shared household’ as defined in Section 2(s) of the Act. Merely spending weekends together or a one night stand would not make it a ‘domestic relationship’.

D. Velusamy Vs D. Patchaiammal on 21 October 2010

Citations: []

Other Source links:

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Catena of Landmark Judgments Referred/Cited to D. Velusamy Vs D. Patchaiammal In the Nature of Marriage Landmark Case Legal Procedure Explained - Interpretation of Statutes PWDV Act Sec 2(f) - Domestic Relationship Reportable Judgement or Order Work-In-Progress Article | Leave a comment

Avala Nanda Kishore Vs State of AP on 23 March 2020

Posted on May 2, 2020 by ShadesOfKnife

AP High Court held as follows:

From Para 28,

Therefore, the Government has no authority or power to alienate the land that vested on the Government which deemed to have transferred to the authority, issuance of G.O.Ms.No.571 Revenue (Assignment-I) Department dated 14.09.2012, G.O.Ms.No.367 Revenue (Assignment-I) Department dated 19.08.2019 and G.O.Ms.No.107 MA & UD (CRDA) Department dated 25.02.2020 for alienation of the lands by the Government, is prima facie contrary to the statute provisions.

From Para 32,

Any allotment of land or grant of other form of largesse by the State or its agencies/instrumentalities by treating the exercise as a private venture is liable to be treated as arbitrary, discriminatory and an act of favoritism and/or nepotism violating the soul of the equality clause embodied in Article 14 of the Constitution.

From Para 40 (Read carefully)

40) The land that can be made available under the Land Pooling Scheme can also be identified for alienation of the land to the Below Poverty Line people. But, there is a difference between grant of patta under B.S.O. 21 and alienation as per G.O.Ms.No.367 Revenue (Assignment-I) Department dated 19.08.2019 and G.O.Ms.No.107 MA & UD (CRDA) Department dated 25.02.2020. The alienation cannot be equated with an assignment under B.S.O 21. When once the Government proposes to alienate the land by executing a deed of conveyance, collecting registration fee and stamp duty, with a clause permitting them to alienate the same after five years, creates any amount of suspicion prima facie and it is far from fair disposal of the land. If the Government intends to alienate the Government land, which is within its domain, the procedure laid down in various judgments referred above is to be followed. Instead of following such procedure, the State invented a separate procedure of alienation by executing a deed of conveyance permitting the beneficiaries to alienate the property after five years by collecting the stamp duty and registration fee. Hence, the procedure being adopted by the State for alienation of the Government largesse is contrary to the law laid down by the Hon’ble Apex Court in various judgments referred above prima facie. On the other hand, the State has no power of disposal of the land that vested in it, in view of Section 130 of the Act, 2014, though the lands are vested in it under Section 57(2) of the Act. Therefore, we find prima facie that the State has no power to dispose of the land that vested in it under Section 57(2) of the Act, prima facie, and that the procedure being adopted by the State Government for alienation of the land in the guise of ‘Navaratnalu – Pedalandariki Illu’ flagship programme which is one of the promises in the political manifesto of the party in power, by executing deed of conveyance giving relaxations, and collecting Rs.20/- (Rs.10/- towards cost of stamp paper and Rs.10/ towards lamination charges from the beneficiary, with a clause permitting them to alienate the land after expiry of five years is prima facie contrary to the law laid down by the Hon’ble Apex Court in various judgments.

There are lot more prima facie contraries identified by High Court. Read it for your self.

Avala Nanda Kishore Vs State of AP on 23 March 2020

Citations: [

Other Source links:

 

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged Avala Nanda Kishore Vs State of AP Catena of Landmark Judgments Referred/Cited to Doctrine of Public Trust | Leave a comment

N.N.Grace Vs State of A.P. on 21 January 2020

Posted on April 30, 2020 by ShadesOfKnife

Issue of collecting parking fee from the vehicles in Multiplex Malls and other commercial complexes is resolved.

N.N.Grace Vs State of A.P. on 21 January 2020

Citations: [

Other Source links:

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged Catena of Landmark Judgments Referred/Cited to Collecting Parking Fee from the Vehicles N.N.Grace Vs State of A.P. Public Interest Litigation | Leave a comment

Md. Rustum Alam @ Rustam Vs State of Jharkhand on 27 April 2020

Posted on April 28, 2020 by ShadesOfKnife

Jharkhand High Court (Single Bench) has quashed and set aside 3 Orders of Magistrate Court issued under Sections 73, 82 and 83 of the Code of Criminal Procedure 1973, they being with out any application of mind, issued in mechanical manner and with out any reasons recorded as necessary by Code/Law.

From Para 3,

3. The main contention of the petitioners is that the Court below, in a most mechanical manner issued non-bailable warrant of arrest. In the similar
manner the process under section 82 of the Code and thereafter attachment order in terms of Section 83 of the Code have been issued. It is their  contention that, even without receipt of the service report of bailable warrant of arrest, non-bailable warrant of arrest have been issued against the petitioners.
Similarly, without there being any service report of non-bailable warrant of arrest, process under Section 82 of the Code has been issued. Further, without any service of the process under Section 82 of the Code, attachment order in terms of Section 83 of the Code has been issued. It is also the  case of the petitioners that the processes are being issued in utter violation of the respective provisions laid down in the Code, i.e. Sections 73, 82 & 83 thereof, thus, these orders need to be set aside.

 

Md. Rustum Alam @ Rustam Vs State of Jharkhand on 27 April 2020

Disclaimer:

Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from main.sci.gov.in/judgments, judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in or Government websites.

I have no control to remove copies of this document(s) that may be available on websites of High Courts or Supreme Court of India or any of the many other sites, law journal or reporters which carry the same judgment in it’s entirety, not I can remove references/links to this document(s) from the results of Search Engines such as Google.com.

Posted in High Court of Jharkhand Judgment or Order or Notification | Tagged Catena of Landmark Judgments Referred/Cited to CrPC 482 - Quash CrPC 73 - Warrant may be directed to any person CrPC 82 - Proclamation For Person Absconding CrPC 83 - Attachment of property of person absconding Issue of Non-Bailable Warrant Issue Of Warrant Legal Procedure Explained - Interpretation of Statutes Md. Rustum Alam @ Rustam Vs State of Jharkhand Non-Bailable Warrant Quashed Order Quashed | Leave a comment

Revanasiddappa and Anr Vs Mallikarjun and Ors on 31 March 2011

Posted on April 23, 2020 by ShadesOfKnife

Supreme Court was constrained to take a view different from the one taken by it in Bharatha Matha on Section 16(3) of the Hindu Marriage Act.

From Para 41,

41. In the instant case, Section 16(3) as amended, does not impose any restriction on the property right of such children except limiting it to the property of their parents. Therefore, such children will have a right to whatever becomes the property of their parents, whether self acquired or ancestral.

But thankfully, referred the matter to a larger bench in March 2011.

43. We are, therefore, of the opinion that the matter should be reconsidered by a larger Bench and for that purpose the records of the case be placed before the Hon’ble the Chief Justice of India for constitution of a larger Bench.

Revanasiddappa and Anr Vs Mallikarjun and Ors on 31 March 2011

Citations: [2011 SCJ 4 4], [2011 AIOL 244], [2011 CTC 2 810], [2013 ILR 4291], [2011 SCC 11 1], [2011 MWN CIVIL 3 528], [2011 MLJ 5 392], [2011 GLH 1 757], [2011 JCR SC 2 259], [2011 CLT SC 112 469], [2011 LW 3 255], [2011 SCALE 4 189], [2011 SCR 4 675], [2011 AIC 101 73], [2011 SCSUPPL CHN 4 50], [2011 AIR SC 2447], [2011 CALLT 3 58], [2011 KCCR 2 1531], [2011 AIR SC SUPP 155], [2011 JT SC 4 90], [2011 AWC SC 3 3126], [2011 UJ 2 1342], [2011 SCC CIV 3 581], [2011 KERLT 2 176], [2011 CGLRW 2 13], [2011 CUTLT 112 469], [2011 GUJ LH 1 757], [2011 ALR 86 450], [2011 RLW SC 3 2547], [2012 CCC SC 4 279]

Other Source links: https://indiankanoon.org/doc/138849/ or https://www.casemine.com/judgement/in/5609aef4e4b014971141545b


The current status of this case is as follows:

12574_2003_8_5_21000_Order_24-Feb-2020

The earlier Judgment contradicted by this one is Bharatha Matha and Anr Vs R. Vijaya Renganathan and Ors here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Catena of Landmark Judgments Referred/Cited to HM Act 11 - Void marriages HM Act Sec 16 - Legitimacy of Children of Void and Voidable Marriages Legal Procedure Explained - Interpretation of Statutes Obiter Dicta Referred to Large Bench Reportable Judgement or Order Revanasiddappa and Anr Vs Mallikarjun and Ors | Leave a comment

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