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Tag: Legal Procedure Explained – Interpretation of Statutes

Adv KG Suresh Vs UOI and Ors on 30 Mar 2021

Posted on July 23, 2021 by ShadesOfKnife

A division bench of Kerala High Court struck down Sec 17 of Senior Citizens Act 2007 as it was ultravires with Sec 30 of Advocates Act 1961.

From Para 57,

57. As Section 30 of the Advocates Act, 1961 has been brought into force from 15.06.2011, Advocates enrolled under the said Act have been conferred with an absolute right thereof, to practice before all the Courts and Tribunals. By virtue of Section 30 of the Advocates Act, 1961, coming into force, from 15.06.2011, the restriction imposed is taken away and in such circumstances, Article 19 of the Constitution of India, which guarantees the freedom to practice any profession, enables the Advocates to appear before all the Courts and the Tribunals, subject to Section 34 of the Advocates Act, 1961.
In the light of the above discussion and decisions, Section 17 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, is declared as ultra vires of Section 30 of the Advocates Act, 1961 and thus, the petitioner is entitled for a declaration that he has a right to represent the parties before the Tribunal/ Appellate Tribunal/Court, constituted under Act 56 of 2007. Accordingly, this writ petition is allowed.

Adv KG Suresh Vs UOI and Ors on 30 Mar 2021

Citations :

Other Sources :

https://thedailyguardian.com/advocates-entitled-to-appear-in-maintenance-tribunals-bar-on-legal-representation-unconstitutional-kerala-high-court/

https://www.legalservicesindia.com/law/article/1924/39/Advocates-Entitled-To-Appear-In-Maintenance-Tribunals;-Bar-On-Legal-Representation-Unconstitutional-Kerala-HC

Posted in High Court of Kerala Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Advocates Act Sec 30 - Right of Advocates to Practise Law or Provision is Alleged as Unconstitutional Legal Procedure Explained - Interpretation of Statutes MWPSC Act 2007 Sec 17 - Right to Legal Representation Reportable Judgement or Order | Leave a comment

Virsa Singh Vs State of Punjab on 11 Mar 1958

Posted on July 21, 2021 by ShadesOfKnife

A Full bench of Apex Court held in a murder case as follow…

To put it shortly, the prosecution must prove the following before it can bring a case under s. 300 Indian Penal Code third clause.
(1) It must establish, quite objectively, that a bodily injury is present.
(2) The nature of the injury must be proved; these are purely objective investigations.
(3) It must be proved that there was an intention to inflict that particular injury, that is to say, that it was not accidental or unintentional, or that some other kind of injury was intended.
(4) It must be proved that the injury of the type just described made up of the three elements set out above was sufficient to cause death in the ordinary course of nature.

This part of the enquiry is purely objective and inferential and has nothing to do with the intention of the offender. Once these four elements are established by the prosecution (and, of course, the burden is on the prosecution throughout) the offence is murder under s. 300, 3rdly. It does not matter that there was no intention to cause death. It does not matter that there was Do intention even to cause an injury of a kind that is sufficient to cause death in the ordinary course of nature (not that there is any real distinction between the two). It does not even matter that there is no knowledge that an act of that kind will be likely to cause death. Once the intention to cause the bodily injury actually found to be present is proved, the rest of the enquiry is purely objective and the only question is whether, as a matter of purely objective inference, the injury is sufficient in the ordinary course of nature to cause death. No one has a licence to run around inflicting injuries that are sufficient to cause death in the ordinary course of nature and claim that they are not guilty of murder. If they inflict injuries of that kind, they must face the consequences; and they can only
escape if it can be shown, or reasonably deduced that the injury was accidental or otherwise unintentional.

Virsa Singh Vs State of Punjab on 11 Mar 1958

Citations : [1958 AWR 28 572], [1958 MYSLJ SC 36 723], [1958 SCR 1 1495], [1958 SCR 0 1495], [1958 SCJ 0 772], [1958 AIR SC 458], [1958 AIR SC 463], [1958 SCR 0 1945], [1958 AIR SC 365], [1958 SCR 0 1450], [1958 CRLJ SC 818], [1958 AIR SC 465]

Other Sources :

https://indiankanoon.org/doc/1296255/

https://www.casemine.com/judgement/in/5609aafee4b014971140b6ea

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 3-Judge (Full) Bench Decision Catena of Landmark Judgments Referred/Cited to Issued or Recommended Guidelines or Directions or Protocols to be followed Landmark Case Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order Virsa Singh Vs State of Punjab | Leave a comment

Sethi P V and Shansa Ramesh Vs Nil on 26 Feb 2021

Posted on July 20, 2021 by ShadesOfKnife

Citing various caselaws, Division bench of Kerala High Court held that a General Power of Attorney Holder can ask as an agent of the witness in a Court and depose on his behalf.

Sethi P V and Shansa Ramesh Vs Nil on 26 Feb 2021

Citations :

Other Sources :

https://indiankanoon.org/doc/143432928/

Posted in High Court of Kerala Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Catena of Landmark Judgments Referred/Cited to Dasam Vijay Rama Rao Vs M.Sai Sri HM Act Sec 13B - Divorce by Mutual Consent Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order Sethi P V and Shansa Ramesh Vs Nil | Leave a comment

Dhariwal Tobaco Products Ltd and Ors Vs State of Maharastra and Anr on 17 Dec 2008

Posted on July 19, 2021 by ShadesOfKnife

A wonderful decision by Supreme Court of India around High Court’s inherent power under section 482 CrPC against the Revisional Powers u/s 401 CrPC.

From Para 8,

8. Indisputably issuance of summons is not an interlocutory order within the meaning of Section 397 of the Code. This Court in a large number of decisions beginning from R .P. Kapur v. State of Punjab, AIR 1960 SC 866 to Som Mittal v. Govt. of Karnataka , [ (2008) 3 SCC 574 ] has laid down the criterion for entertaining an application under Section 482. Only because a revision petition is maintainable, the same by itself, in our considered opinion, would not constitute a bar for entertaining an application under Section 482 of the Code.
Even where a revision application is barred, as for example the remedy by way of Section 115 of the Code of Civil Procedure, 1908 this Court has held that the remedies under Articles 226/227 of the Constitution of India would be available. (See Surya Dev Rai v. Ram Chander Rai and others, [ (2003) 6 SCC 675 ] ).
Even in cases where a second revision before the High Court after dismissal of the first one by the Court of Sessions is barred under Section 397 (2) of the Code, the inherent power of the Court has been held to be available.

Dhariwal Tobaco Products Ltd and Ors Vs State of Maharastra and Anr on 17 Dec 2008

Citations : [2009 SCC 2 370], [2009 CRLJ SC 974], [2008 SCALE 16 240], [2009 SCC CRI 1 806], [2009 BOMCR CRI SC 1 802], [2008 AIOL 1468], [2008 SCR 17 844], [2009 AIR SC 1032], [2009 AIC SC 75 265], [2009 ECRN SC 2 284]

Other Sources :

https://indiankanoon.org/doc/1891955/

https://www.casemine.com/judgement/in/5609ae9ee4b0149711414586

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Catena of Landmark Judgments Referred/Cited to CrPC 397 - Calling for records to exercise powers of revision CrPC 397/401 - Revision CrPC 401 - High Court's Powers of revision CrPC 482 - High Court does not function either as a Court of Appeal or Revision CrPC 482 - Quash CrPC 483 - Duty of High Court to exercise continuous superintendence over Courts of Judicial Magistrates Dhariwal Tobaco Products Ltd and Ors Vs State of Maharastra and Anr Landmark Case Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order | Leave a comment

K Santhosha Vs The Karnataka Power Transmission on 24 Jun 2021

Posted on July 16, 2021 by ShadesOfKnife

A division bench of Karnataka High Court held that a Son is a son, irrespective of if he is a legitimate son or illegitimate, with regards to compassionate appointments.

K Santhosha Vs The Karnataka Power Transmission on 24 Jun 2021

Citations :

Other Sources :

 


Earlier Writ Petition here; Review Petition here.

Posted in High Court of Karnataka Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Article 44 of The Constitution of India Illegitimate Childten K Santhosha Vs The Karnataka Power Transmission Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order | Leave a comment

Narain Khamman Vs Parduman Kumar Jain on 19 Oct 1984

Posted on July 15, 2021 by ShadesOfKnife

A division bench of Apex Court held the purpose for which the Statement of Objects and Reasons of a Bill may be replied upon.
From Para 12,

12. It is now well settled that though the Statement of Objects and Reasons accompanying a legislative Bill cannot be used to determine the true meaning and effect of the substantive provisions of a statute, it is permissible to refer to the Statement of Objects and Reasons accompanying a Bill for the purpose of understanding the background, the antecedent state of affairs, the surrounding circumstances in relation to the statute, and the evil which the statute sought to remedy.

Narain Khamman Vs Parduman Kumar Jain on 19 Oct 1984

Citations : [1985 AIR SC 4], [1985 SCR 1 1025], [1984 SCALE 2 650], [1985 SCC 1 1], [1985 UJ 17 422], [1985 UJ SC 422]

Other Sources :

https://indiankanoon.org/doc/1258047/

https://www.casemine.com/judgement/in/5609ac15e4b014971140dfc3

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Landmark Case Legal Procedure Explained - Interpretation of Statutes Narain Khamman Vs Parduman Kumar Jain Statement of Objects and Reasons | Leave a comment

P.K. Shaji Vs State of Kerala on 27 Oct 2005

Posted on July 15, 2021 by ShadesOfKnife

A division bench of the Apex Court held that a superior court always has power to give directions to lower court to pass appropriate orders. In this case, to check if the bail conditions are violated and cancel the bail.

The order of the Sessions Court shows that the learned Magistrate has been empowered to consider the question of violation of any of the conditions imposed by the Sessions Court and was given powers to pass appropriate orders. The plea raised by the appellant’s learned Counsel is that when the learned Magistrate had no such power, the Sessions Court was not empowered to invest that power in the Magistrate. We do not find any force in this contention. The superior court can always give directions of this nature and authorise the subordinate court to pass appropriate orders and the trial Magistrate would be the competent authority to decide whether any condition had been violated by the person who had been released on bail. When there is a specific direction to pass appropriate orders as if the conditions for granting bail had been imposed by the learned Magistrate himself, the impugned Order is legal and valid.

P.K. Shaji Vs State of Kerala on 27 Oct 2005

Citations : [2005 JT 9 481], [2006 AIR SC 100], [2005 SCC 13 283], [2005 SCALE 8 724], [2005 CRLJ SC 5063], [2005 SCR SUPP 4 840], [2005 CRIMES SC 4 184], [2005 SUPREME 7 2652005 AIOL 534], [2005 AIR SC 5560], [2006 SCC CRI 2 174], [2005 KERLT 4 856], [2005 CRILJ 5063], [2005 ALD CRI 2 517], [2005 JT SC 7 282], [2005 SCC 12 461], [2005 UJ 2 1136], [2006 SCC CRI 174], [2005 CRI LJ 5063], [2005 KLT 4 856], [2005 AIR SCW 5560]

Other Sources :

https://indiankanoon.org/doc/440533/

https://www.casemine.com/judgement/in/5609ae1ee4b0149711413041

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision CrPC 439 - Special powers of High Court or Court of Session regarding bail Landmark Case Legal Procedure Explained - Interpretation of Statutes P.K. Shaji Vs State of Kerala Reportable Judgement or Order | Leave a comment

Registrar General Vs State of Meghalaya on 23 Jun 2021

Posted on July 12, 2021 by ShadesOfKnife

A division bench of Meghalaya High Court issued the below directions, when the Administration there tried to impose mandatory vaccination upon the traders for them to run their businesses…

Guidelines passed:

In addition thereto, we issue the following directions so that the public at large are provided with an option of making an informed choice:-
(i) All shops/establishments/local taxis/auto-rickshaws/maxi cabs and buses should display prominently at a conspicuous place, a sign, “VACCINATED”, in the event all employees and staff of the concerned shop/establishment are vaccinated. Similarly, in the case of local taxis/auto-rickshaws/maxi cabs and buses where the concerned driver or conductor or helper(s) are vaccinated.
(ii) All shops/establishments/local taxis/auto-rickshaws/maxi cabs and buses should display prominently at a conspicuous place, a sign, “NOT VACCINATED”, in the event all the employees and staff of the concerned shop/establishment are not vaccinated. Similarly, in the case of local taxis/auto-rickshaws/maxi cabs and buses where the concerned driver or conductor or helper(s) are not vaccinated.

Registrar General Vs State of Meghalaya on 23 Jun 2021

Citations :

Other Sources :

https://indiankanoon.org/doc/70432062/

Posted in High Court of Meghalaya Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Article 19 - Protection of certain rights regarding freedom of speech etc Article 21 - Protection of life and personal liberty Issued or Recommended Guidelines or Directions or Protocols to be followed Legal Procedure Explained - Interpretation of Statutes Registrar General Vs State of Meghalaya Right to be Vaccinated on own Will without any Force or Coercion Right to Health | Leave a comment

Superintendent and Remembrancer of Legal Affairs West Bengal Vs Mohan Singh and Ors on 08 Oct 1974

Posted on July 10, 2021 by ShadesOfKnife

A division bench consisting the legendary Justice P.N. Bhagvati, held that a subsequent petition under 482 CrPC is maintainable if the facts and circumstances are different from earlier application. Here Section 561-A is current Section 482 CrPC.

Section 561-A preserves the inherent power of the High Court to make such orders as it deems fit to prevent abuse of the process of the Court or to secure the ends of justice and the High Court must, therefore, exercise its inherent powers having regard to the situation prevailing at the particular point of time when its inherent jurisdiction is sought to be invoked. The High Court was in the circumstances entitled to entertain the subsequent application of Respondents 1 and 2 and consider whether on the facts and circumstances then obtaining the continuance of the proceeding against the respondents constituted an abuse of the process of the Court or its quashing was necessary to secure the ends of justice.

Indiankanoon version:

Superintendent and Remembrancer of Legal Affairs West Bengal Vs Mohan Singh and Ors

Casemine version:

Superintendent and Remembrancer of Legal Affairs West Bengal Vs Mohan Singh and Ors (Casemine)

Citations : [1975 AIR SC 1002], [1975 PLR 77 147], [1975 SCC 3 706], [1974 CRLR 0 691], [1975 AIR SC 100], [1975 SCJ 11 478], [1976 MLJ CRL 1 1], [1975 SCC CRI 156], [1975 CRLJ SC 812]

Other Sources :

https://indiankanoon.org/doc/1993916/

https://www.casemine.com/judgement/in/5609aba3e4b014971140cf5f


Index of Quash judgments 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 CrPC 482 - Quash CrPC 482 - Saving of inherent powers of High Court Landmark Case Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order Superintendent and Remembrancer of Legal Affairs West Bengal Vs Mohan Singh and Ors | Leave a comment

Gullipilli Sowria Raj Vs Bandaru Pavani on 4 Dec 2008

Posted on July 10, 2021 by ShadesOfKnife

Going through the Preamble of the HMA 1955, the division bench of the Supreme Court held that the marriage of a Hindu with a Christian is void ab initio.

From Para 18,

18. Although, an attempt has been made to establish that the Hindu Marriage Act, 1955, did not prohibit a valid Hindu marriage of a Hindu and another professing a different faith, we are unable to agree with such submission in view of the definite scheme of the 1955 Act.

From Para 20,

20.As submitted by Mr. Rao, the Preamble itself indicates that the Act was enacted to codify the law relating to marriage amongst Hindus. Section 2 of the Act which deals with application of the Act, and has been reproduced hereinabove, reinforces the said proposition.

From Para 21, Use of ‘may’ in section 5 of HMA

21.Section 5 of the Act thereafter also makes it clear that a marriage may be solemnized between any two Hindus if the conditions contained in the said Section were fulfilled. The usage of the expression ‘may’ in the opening line of the Section, in our view, does not make the provision of Section 5 optional. On the other hand, it in positive terms, indicates that a marriage can be solemnized between two Hindus if the conditions indicated were fulfilled. In other words, in the event the conditions remain unfulfilled, a marriage between two Hindus could not be solemnized. The expression ‘may’ used in the opening words of Section 5 is not directory,  as has been sought to be argued, but mandatory and non-fulfilment thereof would not permit a marriage under the Act between two Hindus. Section 7 of the 1955 Act is to be read along with Section 5 in that a Hindu marriage, as understood under Section 5, could be solemnized according to the ceremonies indicated therein.

And finally in Para 22,

22.In the facts pleaded by the respondent in her application under Section 12(1)(c) of the 1955 Act and the admission of the appellant that he was and still is a Christian belonging to the Roman Catholic denomination, the marriage solemnized in accordance with Hindu customs was a nullity and its registration under Section 8 of the Act could not and/or did not validate the same. In our view, the High Court rightly allowed the appeal preferred by the respondent herein and the judgment and order of the High Court does not warrant any interference.

Gullipilli Sowria Raj Vs Bandaru Pavani on 4 Dec 2008

Citations : [2009 MPLJ SC 2 48], [2008 SCALE 16 109], [2008 AIOL 1405], [2009 MHLJ SC 2 850], [2008 SCR 17 35], [2009 ALLMR SC 1 488], [2009 BOMCR SC 5 906], [2009 SCC 1 714], [2009 AIR SC 244], [2008 JT 13 450], [2009 SUPREME 1 145], [2009 SCC CIV 1 326], [2009 AIR SC 1085], [2009 AIC SC 74 33], [2009 CHN SC 1 158], [2009 AIR SCW 244]

Other Sources :

https://indiankanoon.org/doc/421764/

https://www.casemine.com/judgement/in/5609ae6ae4b0149711413cbe

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Gullipilli Sowria Raj Vs Bandaru Pavani HM Act 11 - Void marriages HM Act 5 - Conditions for a Hindu Marriage Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order | Leave a comment

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