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True Colors of a Vile Wife

Tag: Landmark Case

Perumal Vs Janaki on 20 January, 2014

Posted on April 21, 2019 by ShadesOfKnife

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

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

Perumal Vs Janaki on 20 January, 2014

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

Other Sources :

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

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

 

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

Kishore Samrite Vs State of U.P. and Ors on 18 October, 2012

Posted on April 15, 2019 by ShadesOfKnife

In this judgment, Hon’ble Supreme Court has saddled the person with heavy exemplary costs, who lied through the teeth in the writ petition. Actually, Costs of Rs.50,00,000/- was brought down to Rs.5,00,000/-

From Para 4,

Writ Petition No.111 of 2011, even if not complete in its form, was maintainable and the same could not have been dismissed by the Court as the prayer by the appellant in that writ petition for habeas corpus was maintainable in view of the right to life and liberty of the petitioners stated therein, as enshrined in Article 21 of the Constitution of India, was violated. The petition had been filed by the appellant as next friend and had not seen the alleged detenues since 4th January, 2007 when they were last seen in Amethi. According to the appellant the representations made to various authorities had failed to yield any results. Thus, that petition was not liable to be dismissed.

Abuse of the process of Court :Unclean Hands

This Court has had many occasions where it dealt with the cases of this kind and it has clearly stated the principles that would govern the obligations of a litigant while approaching the court for redressal of any grievance and the consequences of abuse of the process of court. We may recapitulate and state some of the principles. It is difficult to state such principles exhaustively and with such accuracy that would uniformly apply to a variety of cases. These are:
(i) Courts have, over the centuries, frowned upon litigants who, with intent to deceive and mislead the Courts, initiated proceedings without full  disclosure of facts and came to the courts with ‘unclean hands’. Courts have held that such litigants are neither entitled to be heard on the merits of the case nor entitled to any any relief.
(ii) The people, who approach the Court for relief on an ex parte statement, are under a contract with the court that they would state the whole case fully and fairly to the court and where the litigant has broken such faith, the discretion of the court cannot be exercised in favour of such a litigant.
(iii) The obligation to approach the Court with clean hands is an absolute obligation and has repeatedly been reiterated by this Court.
(iv) Quests for personal gains have become so intense that those involved in litigation do not hesitate to take shelter of falsehood and misrepresent and suppress facts in the court proceedings. Materialism, opportunism and malicious intent have over-shadowed the old ethos of litigative values for small gains.
(v) A litigant who attempts to pollute the stream of justice or who touches the pure fountain of justice with tainted hands is not entitled to any relief, interim or final.
(vi) The Court must ensure that its process is not abused and in order to prevent abuse of the process the court, it would be justified even in insisting on furnishing of security and in cases of serious abuse, the Court would be duty bound to impose heavy costs.
(vii) Wherever a public interest is invoked, the Court must examine the petition carefully to ensure that there is genuine public interest involved. The stream of justice should not be allowed to be polluted by unscrupulous litigants.
(vii) The Court, especially the Supreme Court, has to maintain strictest vigilance over the abuse of the process of court and ordinarily meddlesome bystanders should not be granted “visa”. Many societal pollutants create new problems of unredressed grievances and the Court should endure to
take cases where the justice of the lis well-justifies it.

Kishore Samrite Vs State of U.P. and Ors on 18 October, 2012

Citations: [(2013) 2 SCC 398], [AIR 2012 SC (Supp) 699], [MANU/SC/0892/2012], [JT (2012) 10 SC 393]

Indiankanoon.org or Casemine link: https://indiankanoon.org/doc/172073149/ or https://www.casemine.com/judgement/in/5609af1be4b0149711415a1b


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

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Kishore Samrite Vs State of U.P. and Ors Landmark Case Perjury - Approached Court with Unclean Hands Reportable Judgement or Order | Leave a comment

Rupali Devi Vs State of UP and Ors on 09 April, 2019

Posted on April 9, 2019 by ShadesOfKnife

A clear attempt to link circumstances to a pre-judged conclusion by Hon’ble CJ of India himself. At best, this is just an attempt to let go off one of the many grounds husband’s can take in their Discharge and Quash petitions, going against such landmark precedents.

If this assumption is allowed to continue, ablanaris will claim, her hubby dear comes in her dreams and molests, threatens, harasses, violates her & thereby it is a continuing offence as per Black&White Dictionary and attracts 179 CrPC squarely, and consequently your’s truly will wag their tails (heads may be) to it too.

One Gem from this Judgment:

Even the silence of the wife may have an underlying element of an emotional distress and mental agony.

Alright. Little bit of difficulty in travel involved. We will use 20 other grounds, Mr. CJI. We also have clubbing of cases judgment and many more judgments on our side.

Frankly speaking, one has to see the caveat laid by Supreme Court in this judgment. Only when the Prosecution can establish that there was threat to the life and/or limb of the knife due to which the false case if institute out side the Jurisdiction, where the alleged offence has happened as mentioned in the Complaint, this judgment can be gainfully invoked.

The Key element is this “compelled the wife to leave the matrimonial home and take shelter with her parents“. As long as the Prosecution documents do not prima facie exhibit the above criteria, the ground of Territorial Jurisdiction is still a valid ground to see Discharge or Quash from a false case.

Go here.

Rupali Devi Vs State of UP and Ors on 09 April, 2019

My Note:

This is a bad judgment because, we all know the complainant may invoke Zero FIR at her place of residence/parental/shelter home which may be transferred to the location where there is actual territorial jurisdiction to the alleged offence. Or the parents or relative or any good Samaritan can file a report under sec 154(1) to a nearby police station, and again that PS has to register a Zero FIR. Moreover, the complaint’s case is fought by the State via Public Prosecutor and the Chief examination is done via affidavit these days and even that may be one of the instances when the complaint has to appear before Court. Due to technological advances which are expedited by COVID-19 pandemic, even the oath taken at such instance can be made via Video conference. Even the Cross can be conducted via Video conference.

Then what was the need to muddle the sacred principle of territorial jurisdiction enshrined under CHAPTER XIII provisions of Cr.P.C.?


Citations: [2019 SCC 5 384], [2019 SCC ONLINE SC 493], [2019 AIR SC 1790], [2019 KLJ 2 601]

Other Source links:

https://indiankanoon.org/doc/78252061/

https://www.legitquest.com/case/rupali-devi-v-state-of-uttar-pradesh/11C400

Woman driven out of matrimonial home can file case under Section 498-A from the place she has taken shelter at [Full Report]

https://www.casemine.com/judgement/in/5cb00bc54a9326247ab05a22

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Baseless or Convoluted Judgment CrPC 177 - Ordinary Place of Inquiry and Trial CrPC 178 - Place of Inquiry or Trial CrPC 179 - Offence Triable Where Act is Done or Consequence Ensues CrPC 472 - Continuing offence IPC 498A - No Limit Territorial Jurisdiction Judiciary Antics Landmark Case Legal Procedure Explained - Interpretation of Statutes Misinterpretation of Earlier Judgment or Settle Principle of Law or Per Incuriam Reportable Judgement or Order Rupali Devi Vs State of UP and Ors Statement of Objects and Reasons | Leave a comment

S.R. Batra and Anr Vs Taruna Batra on 15 December, 2006

Posted on April 4, 2019 by ShadesOfKnife

Landmark judgment from Apex Court setting record straight regarding the Shared Household. This is overruled in SC Ahuja case law here.

S.R. Batra and Anr Vs Taruna Batra on 15 December, 2006

Indiankanoon.org Link: https://indiankanoon.org/doc/594165/

Citations: (2007) 3 SCC 169, 2007(2)ALD66(SC); 2007(1)AWC664(SC); 2007(3)CTC219; 136(2007)DLT1(SC); I(2007)DMC1SC; (2007)146PLR425; RLW2007(2)SC1546; 2006(13)SCALE652; 2007(1)LC0007(SC); 2007AIRSCW1088; AIR2007SC1118; (2007)2SCC(Cri)56; 2007(2)CivilLJ215(SC); 2007LawHerald(SC)92


The index page is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Landmark Case Legal Procedure Explained - Interpretation of Statutes No Shared Household Overruled Judgment PWDV Act - Dismissed On Merits S.R. Batra and Anr Vs Taruna Batra Satish Chander Ahuja Vs Sneha Ahuja | Leave a comment

Ramrameshwari Devi and Ors Vs Nirmala Devi and Ors on 4 July, 2011

Posted on March 24, 2019 by ShadesOfKnife

Justice Dalveer Bhandari at Supreme Court, held that,

From Para 4,

This is a classic example which abundantly depicts the picture of how the civil litigation moves in our courts and how unscrupulous litigants (appellants in this case) can till eternity harass the respondents and their children by abusing the judicial system.

From Para 14,

According to Dr. Arun Mohan, twenty minutes spent at that time would have saved several years in court proceedings.

From Para 21,

The learned Single Judge observed that the present appellants belong to that category of litigants whose only motive is to create obstacles during the course of trial and not to let the trial conclude. Applications after applications are being filed by the appellants at every stage, even though orders of the trial court are based on sound reasoning. Moreover, the appellants have tried to mislead the court also by filing wrong synopsis and incorrect dates of events.

From Para 22,

Those litigants or their advocates who mislead the courts by filing wrong and incorrect particulars (the list of dates and events) must be dealt with heavy hands.

From Para 26,

It may be pertinent to mention that the appellants also moved transfer application apprehending adverse order from the trial judge, which was also dismissed by the learned District Judge. This conduct of the appellants demonstratesthat they are determined not to allow the trial court to proceed with the suit. They are creating all kinds of hurdles andobstacles at every stage of the proceedings.

From Para 30,

It is abundantly clear from the facts and circumstances of this case that the appellants have seriously created obstacles at every stage during the course of trial and virtually prevented the court from proceeding with the suit. This is a typical example of how an ordinary suit moves in our courts. Some cantankerous and unscrupulous litigants on one ground or the other do not permit the courts to proceed further in the matter.

From Para 34,

According to Dr. Mohan, in our legal system, uncalled for litigation gets encouragement because our courts do notimpose realistic costs. The parties raise unwarranted claims and defences and also adopt obstructionist and delaying tactics because the courts do not impose actual or realistic costs. Ordinarily, the successful party usually remains uncompensated in our courts and that operates as the main motivating factor for unscrupulous litigants. Unless the courts, by appropriate orders or directions remove the cause for motivation or the incentives, uncalled for litigation will continue to accrue, and there will be expansion and obstruction of the litigation. Court time and resources will be consumed and justice will be both delayed and denied.

From Para 44,

In the instant case when the entire question of title has been determined by the High Court and the Special Leave Petition against that judgment has been dismissed by this court, thereafter the trial court ought not to have framed such an issue on a point which has been finally determined upto this Court. In any case, the same was exclusively barred by the principles of res judicata. That clearly demonstrates total non-application of mind.

From Para 48,

48. It is also a matter of common experience that once an ad interim injunction is granted, the plaintiff or the petitioner would make all efforts to ensure that injunction continues indefinitely. The other appropriate order can be to limit the life of the ex-parte injunction or stay order for a week or so because in such cases the usual tendency of unnecessarily prolonging the matters by the plaintiffs or the petitioners after obtaining ex-parte injunction orders or stay orders may not find encouragement. We have to dispel the common impression that a party by obtaining an injunction based on even false averments and forged documents will tire out the true owner and ultimately the true owner will have to give up to the wrongdoer his legitimate profit. It is also a matter of common experience that to achieve clandestine objects, false pleas are often taken and forged documents are filed indiscriminately in our courts because they have hardly any apprehension of being prosecuted for perjury by the courts or even pay heavy costs. In Swaran Singh v. State of Punjab (2000) 5 SCC 668 this court was constrained to observe that perjury has become a way of life in our courts.

From Para 56,

These appeals are consequently dismissed with costs, which we quantify as Rs.2,00,000/- (Rupees Two Lakhs only). We are imposing the costs not out of anguish but by following the fundamental principle that wrongdoers should not get benefit out of frivolous litigation.

Ramrameshwari Devi and Ors Vs Nirmala Devi and Ors on 4 July, 2011
Posted in Supreme Court of India Judgment or Order or Notification | Tagged Landmark Case Legal Procedure Explained - Interpretation of Statutes Perjury - Costs Levied or Imprisonment For Perjury Ramrameshwari Devi and Ors Vs Nirmala Devi and Ors Reportable Judgement or Order Sandeep Pamarati | Leave a comment

Sachida Nand Singh and Anr Vs State of Bihar and Anr on 3 February, 1998

Posted on March 24, 2019 by ShadesOfKnife

Hon’ble Apex Court held that,

The scope of the preliminary enquiry envisaged in Section 340(1) of the Code is to ascertain whether any offence affecting administration of justice ha been committed in respect of a document produced in Court or given in evidence in a proceeding in that Court. In other words, the offence should have been committed during the time when the document was in custodia legis.
It would be a strained thinking that any offence involving forgery of a document if committed far outside the precincts of the Court and long before its production in the Court, could also be treated as on affecting administration of justice merely because that document later reached the Court records.

Sachida Nand Singh and Anr Vs State of Bihar and Anr on 3 February, 1998

Citation: (1998) 2 SCC 493

Indiankanoon.org link: https://indiankanoon.org/doc/1743953/

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Landmark Case Legal Procedure Explained - Interpretation of Statutes Perjury - Prima Facie Opinion of Perjury Sachida Nand Singh and Anr Vs State of Bihar and Anr | Leave a comment

Hardeep Singh Vs State of Punjab and Ors on 10 January, 2014

Posted on March 20, 2019 by ShadesOfKnife

Hon’ble Apex court held some key aspects in this landmark judgment such as,

  1. What is the stage at which power under Section 319 Cr.P.C. can be exercised?
  2. Whether the word “evidence” used in Section 319(1) Cr.P.C. could only mean evidence tested by cross examination or the court can exercise the power under the said provision even on the basis of the statement made in the examination-in-chief of the witness concerned?
  3. Whether the word “evidence” used in Section 319(1) Cr.P.C. has been used in a comprehensive sense and includes the evidence collected during investigation or the word “evidence” is limited to the evidence recorded during trial?
  4. What is the nature of the satisfaction required to invoke the power under Section 319 Cr.P.C. to arraign an accused? Whether the power under Section 319(1) Cr.P.C. can be exercised only if the court is satisfied that the accused summoned will in all likelihood convicted?
  5. Does the power under Section 319 Cr.P.C. extend to persons not named in the FIR or named in the FIR but not charged or who have been discharged?
Hardeep Singh Vs State of Punjab and Ors on 10 January, 2014

Citations : [2014 SCC CRI 2 86], [2014 RCR CRIMINAL SC 1 623], [2014 SUPREME 1 132], [2014 SLT 1 465], [2014 AIOL 21], [2014 SCC 3 92], [2014 CRIMES SC 1 133], [2014 AIR SC 1400], [2014 BOMCR CRI SC 1 772], [2014 ALLMR CRI SC 801], [2014 AIR SC 667], [2014 CRLJ SC 1118], [2014 JLJR SC 2 385], [2014 SCALE 1 241], [2014 SCC ONLINE SC 26], [2014 KLJ 1 410], [2014 AIC 135 86], [2014 ALD CRL SC 2 152], [2014 PLJR 2 482], [2014 KHC 1 170], [2014 ALLCC 85 313], [2014 CCR SC 1 244], [2014 ADJ 1 727], [2014 LW CRL 1 440], [2014 UC 1 304], [2014 CGLRW SC 1 491], [2014 RLW SC 1 727], [2014 SCJ 2 366], [2015 NCC 1 613], [2014 AD SC 1 609], [2014 JT SC 1 412], [2014 CAL LJ 2 75], [2014 KLT SC 1 336], [2014 AIR SCW 667]

Other Sources :

https://indiankanoon.org/doc/78958066/

https://www.casemine.com/judgement/in/5609af56e4b014971141618b


The latest case law from SC on this subject is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 5-Judge Constitutional Bench Decision Article 20 - Protection in respect of conviction for offences Article 21 - Protection of life and personal liberty CrPC 319 - Power to proceed against other persons appearing to be guilty of offence Hardeep Singh Vs State of Punjab and Ors Landmark Case Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order Right to Fair Trial | Leave a comment

M.S.Sheriff Vs The State of Madras and Others on 18 March, 1954

Posted on March 17, 2019 by ShadesOfKnife

This is the grand old daddy judgment from Hon’ble Apex Court, which says deal with perjury first.

From Para 15, the 5-judge bench of Supreme Court held as follows,

15. As between the civil and the criminal proceedings we are of the opinion that the criminal matters should be given precedence. There is some difference of opinion in the High Courts of India on this point. No hard and fast rule can be laid down but we do not consider that the possibility of conflicting decisions in the civil and criminal courts is a relevant consideration. The law envisages such an eventuality when it expressly refrains from making the decision of one court binding on the other, or even relevant, except for certain limited purposes, such as sentence or damages. The only relevant consideration here is the likelihood of embarrassment.

From Para 16, reason for disposing of perjury (a criminal offence first) given,

16. Another factor which weighs with us is that a civil suit often drags on for years and it is undesirable that a criminal prosecution should wait till everybody concerned has forgotten all about the crime. The public interests demand that criminal justice should be swift and sure; that the guilty should be punished while the events are still fresh in the public mind and that the innocent should be absolved as early as is consistent with a fair and impartial trial. Another reason is that it is undesirable to let things slide till memories have grown too dim to trust. This, however, is not a hard and fast rule. Special considerations obtaining in any particular case might make some other course more expedient and just. For example, the civil case or the other criminal proceeding may be so near its end as to make it inexpedient to stay it in order to give precedence to a prosecution ordered under Section 476. But in this case we are of the view that the civil suits should be stayed till the criminal proceedings have finished.

From the final Para 17, wherein the 4 ongoing Civil suits are stayed and the criminal prosecution u/s 193 IPC was allowed to go ahead.

The result is that the appeal fails and is dismissed but with no order about costs. Civil Suits Nos. 311 of 1951 to 314 of 1951, in the Court of the Subordinate Judge, Coimbatore, will be stayed till the conclusion of the prosecution under section 193, Indian Penal Code. As the plaintiffs there are parties here, there is no difficulty about making such an order.

M.S.Sheriff Vs The State of Madras and Others on 18 March, 1954

Equivalent citations: [1954 SCR 1229], [1954 AIR SC 397], [1954 CRILJ 1019], [1954 LW 67 625], [1954 SCR 1 1144]

Other Source links:

https://indiankanoon.org/doc/500548/

https://www.casemine.com/judgement/in/5609aaf2e4b014971140b4db


Index of all Perjury case laws is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 5-Judge Constitutional Bench Decision CrPC 340 - Dispose Perjury first IPC 193 - Punishment for false evidence Landmark Case M.S.Sheriff Vs The State of Madras and Others Perjury Under Section 340 CrPC | 1 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

Amandeep Singh Johar Vs State of NCT of Delhi and Anr on 7 February, 2018

Posted on January 27, 2019 by ShadesOfKnife

Hon’ble High Court of Delhi has laid down the procedure to be follow in Delhi by Police in regards to the CrPC Section 41A.

Amandeep Singh Johar Vs State of NCT of Delhi and Anr on 7 February, 2018

 

Posted in High Court of Delhi Judgment or Order or Notification | Tagged Amandeep Singh Johar Vs State of NCT of Delhi and Anr Article 226 - Power of High Courts to issue certain writs CrPC 160 - Police officer’s Power to require Attendance of Witnesses CrPC 175 - Power to Summon Persons CrPC 41A - Notice of appearance before police officer CrPC 91 - Summons to produce document or other thing Landmark Case Legal Procedure Explained - Interpretation of Statutes Rules of the Act/Ordinance/Notification/Circular | Leave a comment

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