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: Krishna Bhatacharjee vs Sarathi Choudhury And Anr

Puttaraju Vs Shivakumari on 01 Apr 2021

Posted on August 23, 2021 by ShadesOfKnife

A single judge of Karnataka High Court held that, an offence under the PWDV Act alone is subject to limitation under CrPC but not the application filed belatedly u/s 12 of the Act.

From Paras 16-17,

16. To attract Section 468 of Cr.P.C, essentially the Act alleged must be an offence. Under the DV Act, the offence is not defined, as defined in Section 40 of IPC. Therefore, we have to revert to the General Clauses Act, 1897. Section 3(38) of the General Clauses Act defines the offences as follows:
“3(38). “Offence” shall mean any act or omission made punishable by any law for the time being in force.

17. Perusal of the above provision makes it clear that to call an act as offence, act or omission must be made punishable under law. As already pointed out, under Sections 12, 20 and 21 of the DV Act have not made the domestic violence alleged thereunder punishable or defined them as offence. Section 12 of the DV Act is only an enabling provision to initiate enquiry to find out whether such act or omission is committed.

From Para 19-20, Conclusions

19. Perusal of Section 31 of the DV Act makes it clear that only breach of the protection order or interim protection order etc. passed under Section 12 of the DV Act constitutes an offence and made punishable. As held by Punjab High Court in Vikas’s case referred to supra, Section 12 of the DV Act is only enabling provision. Therefore it is clear that the act or omission contemplated under Section 31 of the DV Act is an offence and the application under Section 12 of the DV Act itself is not an offence.
20. When the application under Section 12 of the DV Act is not covered under the term ‘offence’, Section 468 of Cr.P.C. is inapplicable. Therefore the application of Section 468 of Cr.P.C. to an application under Section 12 of the DV Act is clearly a misconception.

From Paras 24-26,

24. Distinguishing judgment in Inderjit Singh Grewal’s case, the Hon’ble Supreme Court in subsequent judgment in Krishna Bhattacharjee’s case referred to supra held that the observation regarding domestic relationship in Inderjit Singh Grewal’s case were based on the facts and circumstances of the said case and they are not of general application.

25. Further in para 32 of the judgment in Krishna Bhattacharjee’s case referred to supra, the Hon’ble Supreme Court held that the definition of the aggrieved person and domestic relationship remains and the act of domestic violence attracts the term ‘continuing offence’, therefore does not get time barred.
26. In the judgments of the Hon’ble Supreme Court referred to above, the interplay of Section 3(38) of the General Clauses Act, Section 31 of the DV Act and Section 468 of Cr.P.C. had not fallen for consideration. In view of the later judgment of the Hon’ble Supreme Court in Krishna Bhattacharjee’s case referred to supra the judgments of this Court in Srinivas’s case and Gurudev’s case cannot be followed. Therefore this Court does not find any merit in the contention that the petition was time barred. Under the circumstances the respondent is entitled for withdrawal of the amount. The application is allowed.

Puttaraju Vs Shivakumari on 01 Apr 2021

Citations :

Other Sources :

https://primelegal.in/2021/05/20/an-application-under-section-12-of-the-domestic-violence-act-is-not-barred-by-the-limitations-set-out-in-section-468-of-the-criminal-procedure-code-karnataka-high-court/

https://www.indiclegal.com/post/application-of-section-468-to-section-12-of-the-domestic-violence-act-is-clearly-a-misconception-hc

https://www.lawyersclubindia.com/judiciary/sri-puttaraju-vs-smt-shivakumari-5216.asp

Posted in High Court of Karnataka Judgment or Order or Notification | Tagged 1-Judge Bench Decision Catena of Landmark Judgments Referred/Cited to Inderjit Singh Grewal Vs State Of Punjab and Anr Krishna Bhatacharjee vs Sarathi Choudhury And Anr Puttaraju Vs Shivakumari PWDV Act - Time Limitation not applicable for Sec 12 Application but for Sec 31 Offence Reportable Judgement or Order | Leave a comment

Krishna Bhatacharjee vs Sarathi Choudhury And Anr on 20 November, 2015

Posted on January 21, 2019 by ShadesOfKnife

In this Dipak Misra dole out judgment, even the judicially separated folks are also within the ambit of Aggrieved person. The Hon’ble Supreme Court rejected the view taken by lower courts and held that the status of the parties did not become different due to a decree of judicial separation. There is a distinction between the decree for divorce and the decree of judicial separation. So, the finding of the lower courts, that the parties having been judicially separated, the appellant had ceased to be an aggrieved person, is “wholly unsustainable”.

Krishna Bhatacharjee vs Sarathi Choudhury And Anr on 20 November, 2015

Citations: [2016 AJR 1 545], [2016 ALD CRL SC 1 46], [2016 CALLT SC 1 17], [2016 JCC SC 1 31], [2016 JLJR 1 93], [2016 LW 3 193], [2016 NCC 1 239], [2016 PLJR 1 158], [2016 SCC 2 705], [2016 WLN SC 1 52], [2015 AD SC 12 101], [2015 CCR SC 4 256], [2015 CRIMES SC 4 384], [2015 DMC SC 3 823], [2015 KLT SC 4 999], [2015 SCALE 12 521], [2015 UC 3 2229], [2015 JT 11 132], [2015 SLT 8 675], [2015 AIOL 4593], [2016 CRLJ SC 330], [2016 SCC CRI 1 810], [2015 SCC ONLINE SC 1229], [2016 GUJ LH 1 1], [2016 AIC 157 198], [2016 ALLCC SC 92 443], [2016 CGLJ SC 1 105], [2016 RCR CRIMINAL SC 1 152], [2016 RCR CIVIL SC 1 151], [2016 SCC CIV 2 223]

Other Source links:

https://indiankanoon.org/doc/124775488/

https://www.casemine.com/judgement/in/5790b3ede561097e45a4e4ac


The index page is here.

 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Krishna Bhatacharjee vs Sarathi Choudhury And Anr Legal Procedure Explained - Interpretation of Statutes PIL - CrPC 125 or BNSS 144 Must Go From Statute Book PWDV Act Sec 2(f) - Maintainable After Judicial Separation Reportable Judgement or Order | Leave a comment

Search within entire Content of “Shades of Knife”

My Legal X Timeline

Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Follow

AP High Court Advocate with M Tech (CS) || 12 years in 'Software Industry' as Solution Architect || Blogs at https://t.co/29CB9BzK4w || #TDPTwitter

SandeepPamarati
Retweet on Twitter Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Retweeted
vigilnthindutva Hindutva Vigilant @vigilnthindutva ·
20 Jun

POV: You Visit London In 2050

Reply on Twitter 1935943435028254867 Retweet on Twitter 1935943435028254867 439 Like on Twitter 1935943435028254867 2048 X 1935943435028254867
Retweet on Twitter Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Retweeted
ncbn N Chandrababu Naidu @ncbn ·
21 Jun

#InternationalYogaDay2025
#APBreaksWorldRecord

Today, Visakhapatnam saw two mighty oceans, with Bay of Bengal on one side, and a boundless sea of yoga practitioners on the other.

I joined Hon’ble Prime Minister @NarendraModi Ji and lakhs of citizens to celebrate International…

Reply on Twitter 1936303432308302258 Retweet on Twitter 1936303432308302258 966 Like on Twitter 1936303432308302258 7663 X 1936303432308302258
Retweet on Twitter Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Retweeted
frustindian The Frustrated Indian @frustindian ·
21 Jun

🚨 : DRDO Proposes an Airship for the IAF !!!

It will be Solar Powered and Can stay up in the Air for weeks and months at a strech...

Reply on Twitter 1936337158438015112 Retweet on Twitter 1936337158438015112 1338 Like on Twitter 1936337158438015112 10320 X 1936337158438015112
Retweet on Twitter Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Retweeted
idf Israel Defense Forces @idf ·
20 Jun

These are 4 reasons why Iran’s arsenal couldn’t be ignored:

Reply on Twitter 1936176484898546043 Retweet on Twitter 1936176484898546043 1695 Like on Twitter 1936176484898546043 7272 X 1936176484898546043
Load More

Recent Posts

  • Ghanshyam Soni Vs State (NCT of Delhi) and Anr on 04 Jun 2025 June 17, 2025
  • V.Rajesh Vs S.Anupriya on 04 Jun 2025 June 16, 2025
  • Bal Manohar Jalan Vs Sunil Paswan and Anr on 30 Jun 2014 June 8, 2025
  • Bilal Ahmad Ganaie Vs Sweety Rashid and Ors on 11 May 2023 June 8, 2025
  • Sandeep Bhavan Pamarati Vs Anuradha Kovi (Nullity petition) June 7, 2025

Most Read Posts

  • Vishal Shah Vs Monalisha Gupta and Ors on 20 Feb 2025 (2,641 views)
  • Mudireddy Divya Vs Sulkti Sivarama Reddy on 26 Mar 2025 (2,187 views)
  • Sukhdev Singh Vs Sukhbir Kaur on 12 Feb 2025 (1,925 views)
  • Madan Kumar Satpathy Vs Priyadarshini Pati on 07 Feb 2025 (1,563 views)
  • Megha Khetrapal Vs Rajat Kapoor on 19 Mar 2025 (1,379 views)
  • Om Prakash Ambadkar Vs State of Maharashtra and Ors on 16 Jan 2025 (1,149 views)
  • Ivan Rathinam Vs Milan Joseph on 28 Jan 2025 (1,008 views)
  • State of AP Vs Basa Nalini Manohar and Ors on 23 Dec 2024 (853 views)
  • Akkala Rami Reddy Vs State of AP and Anr on 30 Apr 2025 (754 views)
  • Saikat Das Vs State of West Bengal and Anr on 27 Mar 2025 (738 views)

Tags

Reportable Judgement or Order (402)2-Judge (Division) Bench Decision (372)Landmark Case (368)Legal Procedure Explained - Interpretation of Statutes (367)1-Judge Bench Decision (292)Catena of Landmark Judgments Referred/Cited to (273)Work-In-Progress Article (217)3-Judge (Full) Bench Decision (97)Sandeep Pamarati (93)Article 21 - Protection of life and personal liberty (77)Issued or Recommended Guidelines or Directions or Protocols to be followed (68)Perjury Under 340 CrPC (59)Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations (58)Reprimands or Setbacks to YCP Govt of Andhra Pradesh (49)Summary Post (43)HM Act 13 - Divorce Granted to Husband (42)Not Authentic copy hence to be replaced (40)CrPC 482 - Quash (39)Divorce granted on Cruelty ground (39)Legal Terrorism (38)

Categories

Supreme Court of India Judgment or Order or Notification (716)Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments (318)High Court of Andhra Pradesh Judgment or Order or Notification (179)High Court of Delhi Judgment or Order or Notification (141)High Court of Bombay Judgment or Order or Notification (106)High Court of Karnataka Judgment or Order or Notification (86)High Court of Madras Judgment or Order or Notification (66)General Study Material (55)High Court of Allahabad Judgment or Order or Notification (50)High Court of Punjab & Haryana Judgment or Order or Notification (50)Assorted Court Judgments or Orders or Notifications (49)Prakasam DV Cases (46)LLB Study Material (46)District or Sessions or Magistrate Court Judgment or Order or Notification (43)Judicial Activism (for Public Benefit) (42)High Court of Kerala Judgment or Order or Notification (39)High Court of Madhya Pradesh Judgment or Order or Notification (35)High Court of Gujarat Judgment or Order or Notification (27)High Court of Telangana Judgment or Order or Notification (26)High Court of Calcutta Judgment or Order or Notification (23)

Recent Comments

  • Risha Bhatnagar on Pitchika Lakshmi Vs Pichika Chenna Mallikaharjuana Rao on 24 Dec 2012
  • ShadesOfKnife on Index of all Summary Case Law Pages on Shades of Knife
  • kanwal Kishore Girdhar on Index of all Summary Case Law Pages on Shades of Knife
  • SUBHASH KUMAR BANSAL on Sukhdev Singh Vs Sukhbir Kaur on 12 Feb 2025
  • ShadesOfKnife on Syed Nazim Husain Vs Additional Principal Judge Family Court & Anr on 9 January, 2003

Archives of SoK

  • June 2025 (9)
  • May 2025 (3)
  • April 2025 (10)
  • March 2025 (7)
  • February 2025 (8)
  • January 2025 (1)
  • December 2024 (3)
  • November 2024 (4)
  • October 2024 (16)
  • September 2024 (15)
  • August 2024 (14)
  • July 2024 (11)
  • June 2024 (18)
  • May 2024 (13)
  • April 2024 (9)
  • March 2024 (23)
  • February 2024 (15)
  • January 2024 (11)
  • December 2023 (11)
  • November 2023 (9)
  • October 2023 (13)
  • September 2023 (12)
  • August 2023 (15)
  • July 2023 (17)
  • June 2023 (11)
  • May 2023 (6)
  • April 2023 (5)
  • March 2023 (10)
  • February 2023 (9)
  • January 2023 (12)
  • December 2022 (12)
  • November 2022 (8)
  • October 2022 (13)
  • September 2022 (17)
  • August 2022 (10)
  • July 2022 (21)
  • June 2022 (27)
  • May 2022 (23)
  • 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 (28)
  • August 2020 (41)
  • July 2020 (20)
  • June 2020 (36)
  • May 2020 (40)
  • April 2020 (38)
  • March 2020 (26)
  • February 2020 (43)
  • January 2020 (35)
  • December 2019 (34)
  • November 2019 (4)
  • October 2019 (18)
  • September 2019 (57)
  • August 2019 (33)
  • July 2019 (12)
  • June 2019 (18)
  • 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 (97)
  • 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
  • Unitedmen Foundation a dedicated community forged with the mission to unite men facing legal challenges in marital disputes. 0
  • Vaastav Foundation The Social Reality 0
  • Vinayak my2centsworth – This blog is for honest law abiding men, married or planning to get married 0
  • Voice4india Indian Laws, Non-profits, Environment 0
  • Writing Law Writing Law by Ankur 0

RSS Cloudflare Status

  • BGW (Baghdad) on 2025-07-03 July 3, 2025
    THIS IS A SCHEDULED EVENT Jul 3, 03:00 - 05:30 UTCJun 12, 23:01 UTCScheduled - We will be performing scheduled maintenance in BGW (Baghdad) datacenter on 2025-07-03 between 03:00 and 05:30 UTC.Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window for end-users […]
  • BSR (Basra) on 2025-07-03 July 3, 2025
    THIS IS A SCHEDULED EVENT Jul 3, 03:00 - 05:30 UTCJun 12, 23:01 UTCScheduled - We will be performing scheduled maintenance in BSR (Basra) datacenter on 2025-07-03 between 03:00 and 05:30 UTC.Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window for end-users […]
  • NJF (Najaf) on 2025-07-03 July 3, 2025
    THIS IS A SCHEDULED EVENT Jul 3, 03:00 - 05:30 UTCJun 12, 23:01 UTCScheduled - We will be performing scheduled maintenance in NJF (Najaf) datacenter on 2025-07-03 between 03:00 and 05:30 UTC.Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window for end-users […]

RSS List of Spam Server IPs from Project Honeypot

  • 180.178.47.58 | SD June 21, 2025
    Event: Bad Event | Total: 112 | First: 2025-04-25 | Last: 2025-06-21
  • 148.66.6.194 | SD June 21, 2025
    Event: Bad Event | Total: 89 | First: 2025-05-21 | Last: 2025-06-21
  • 172.245.93.88 | S June 21, 2025
    Event: Bad Event | Total: 140 | First: 2025-06-10 | Last: 2025-06-21
Owned and Operated by Advocate Sandeep Pamarati
Proudly powered by WordPress
Theme: Flint by Star Verte LLC

Bad Behavior has blocked 3812 access attempts in the last 7 days.

pixel