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Tag: Legal Procedure Explained – Interpretation of Statutes

Hooghly Mills Company Ltd Vs State of West Bengal on 17 October, 2019

Posted on October 20, 2019 by ShadesOfKnife

Apex Court held that, a High Court can quash even an interlocutory order under section 482 CrPC.

From Para 11,

11. Coming to the final issue, Section 397(2) of the Cr.P.C. provides that the High Court’s powers of revision shall not be exercised in relation to any interlocutory order passed in any appeal, inquiry, trial or other proceeding. Whereas Section 482 of the Cr.P.C provides that nothing in the Cr.P.C will limit the High Court’s inherent powers to prevent abuse of process or to secure the ends of justice. Hence the High Court may exercise its inherent powers under Section 482 to set aside an interlocutory order, notwithstanding the bar under Section 397(2). However it is settled law that this can only be done in exceptional cases. This is, for example, where a criminal proceeding has been initiated illegally, vexatiously or without jurisdiction (See Madhu Limaye v. State of Maharashtra, (1977) 4 SCC 551).

Hooghly Mills Company Ltd Vs State of West Bengal on 17 October, 2019

Citations:

Indiankanoon.org link:


Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from 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 CrPC 482 - Interlocutory Order can be Quashed CrPC 482 - Saving of inherent powers of High Court Hooghly Mills Company Ltd Vs State of West Bengal Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order

Subrat Kumar Sen Vs State of UP on 03 October, 2019

Posted on October 6, 2019 by ShadesOfKnife

This is judgment from Apex Court which is hearing the contention, No Maintenance to Willfully Deserting Knife. Let’s follow the case.

Subrat Kumar Sen Vs State of UP on 03 October, 2019

Here is the Allahabad High Court order

Dr. Subrat Kumar Sen Vs State of U.P. and Anr on 18 July, 2019

Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from 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 Legal Procedure Explained - Interpretation of Statutes No Maintenance for Deserting Wife Subrat Kumar Sen Vs State of UP Willful Desertion By Knife Work-In-Progress Article

Commissioner of Income-Tax Vs Thana Electricity Supply Ltd. on 22 April, 1993

Posted on October 5, 2019 by ShadesOfKnife

This a very good judgment from High Court of Bombay talking about binding nature of judgments, specifically termed as stare decisis.

Commissioner of Income-Tax Vs Thana Electricity Supply Ltd. on 22 April, 1993

Citation: [(1994) 206 ITR 727 (Bom)]

Indiankanoon.org Link: https://indiankanoon.org/doc/583752/


 

Posted in High Court of Bombay Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Article 141 - Law declared by Supreme Court to be binding on all courts Catena of Landmark Judgments Referred/Cited to Commissioner of Income-Tax Vs Thana Electricity Supply Ltd Landmark Case Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order Supreme Court Decisions Binding On All Courts Retrospectively Too

Seema Vs Ashwani Kumar case

Posted on September 22, 2019 by ShadesOfKnife

This Transfer Petition at Supreme Court led to the directions to States and Union Territories to make registration of marriages compulsory in India. The following are the key Orders.

On 14 February 2006, Directions given to States and Union Territories to make registration of marriages compulsory in India

Seema Vs Ashwani Kumar on 14 February, 2006

On 25 October 2007, further directions were issued.

“The directions given by the order dated 24.2.2006 have not been fully complied with. We, therefore, direct that the States and Union Territories who have not acted in line with the directions given on 14.2.2006 shall forthwith do it and in no case later than three months from today.“

Seema Vs Ashwani Kumar on 25 October, 2007

On 9 July 2008, again Apex Court gave 4 months time to comply with directions.

“Let all the States and Union Territories who have not given specific details, file affidavits within four months from today.“

Seema Vs Ashwani Kumar on 9 July, 2008

On 1 May 2019, Office Report was put up and the same is here.

Seema Vs Ashwani Kumar on 1 May, 2019 OR

On 1 May 2019, Transfer petition is disposed off.

The transfer petition has not been answered and the matrimonial suit in question has remained stayed since 15.4.2005. The fate of the said  matrimonial suit as on date and the interest of the parties in pursuing the matter is not known to us, as none has appeared on behalf of the original contesting parties. The judicial exercise after 14.2.2006 has been to monitor implementation of the directions of the said date, as extracted above. The materials on record would indicate that most of the States barring a few have framed suitable legislations. In any event, in terms of the order  dated 15.4.2005, such of the States that have not framed legislations, will be governed by the directions contained in the order dated 14.2.2006.
Taking into account the above facts, we are of the view that no worthwhile purpose will be served by keeping these proceedings pending before this Court. We accordingly close the said proceedings and vacate the interim order dated 15.4.2005, so far as the stay of Matrimonial Suit No. 104/2004 is concerned.

Seema Vs Ashwani Kumar on 1 May, 2019

Citations: [2006 ALLMR SC 2 11], [2006 AIR BOMR 2 783], [2006 AIOL 84], [2006 SCR 2 220], [2006 AIR SC 1158], [2006 BOMCR SC 2 497], [2006 AIR SC 858], [2006 SCALE 2 333], [2006 ANJ SC 2 144], [2006 SUPREME 2 66], [2006 JT 2 378], [2006 SCC 2 578], [2006 CUTLT 101 639], [2006 DLT 127 282], [2006 KERLT 1 791]

Other Source links: https://www.casemine.com/judgement/in/5609ae30e4b01497114131d8 or https://indiankanoon.org/doc/1037437/

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Compulsory Registration of Marriage Landmark Case Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order Seema Vs Ashwani Kumar

State of Rajasthan Vs Smt. Kalki and Anr on 15 April, 1981

Posted on September 1, 2019 by ShadesOfKnife

On the same lines as this Supreme Judgment here in Dalip Singh and Others Vs State of Punjab, in this case also a 3-judge bench addressed the issue “Whether the word “related” means “interested”?”

State of Rajasthan Vs Smt. Kalki and Anr on 15 April, 1981

Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from 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 Dalip Singh and Others Vs State of Punjab Interested Witnesses Landmark Case Legal Procedure Explained - Interpretation of Statutes No Independent Witnesses Examined State of Rajasthan Vs Smt. Kalki and Anr

Naveen Kohli Vs Neelu Kohli on 21 March, 2006

Posted on August 22, 2019 by ShadesOfKnife

Landmark judgment from Justice Shri Dalveer Bhandari regarding Law around Mental cruelty and irretrievable breakdown of marriage as a ground for Divorce under Hindu Marriage Act 1955.

Naveen Kohli Vs Neelu Kohli on 21 March, 2006

Citations : [2006 BOMCR SC 5 240], [2006 SUPREME 2 627], [2006 SCALE 3 252], [2006 AIR SC 1550], [2006 JT 3 491], [2006 ALLMR SC 4 190], [2006 MHLJ SC 4 242], [2006 SCR 3 53], [2006 MPLJ SC 3 1], [2006 AIOL 157], [2006 AIR SC 1675], [2006 SCC 4 558], [2006 DLT 128 360], [2006 AIR SCW 1550]

Other Sources :

https://indiankanoon.org/doc/1643829/

https://www.indianemployees.com/judgments/details/naveen-kohli-vs-neelu-kohli

https://www.casemine.com/judgement/in/5609ae31e4b0149711413211

https://www.legitquest.com/case/naveen-kohli-v-neelu-kohli/26101


Other cases wherein Divorce was granted to Husband here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 3-Judge (Full) Bench Decision Catena of Landmark Judgments Referred/Cited to https://www.indianemployees.com/judgments/details/naveen-kohli-vs-neelu-kohli Justice Dalveer Bhandari Landmark Case Legal Procedure Explained - Interpretation of Statutes Mental Cruelty Naveen Kohli Vs Neelu Kohli Reportable Judgement or Order

MS Royal Sundaram Alliance Vs Mandala Yadagari Goud and Ors on 9 April, 2019

Posted on August 14, 2019 by ShadesOfKnife

The only legal issue canvassed before Supreme Court in this case is that in the case of a motor accident where there is death of a person, who is a bachelor, whether the age of the deceased or the age of the dependents would be taken into account for calculating the multiplier.

MS Royal Sundaram Alliance Vs Mandala Yadagari Goud and Ors on 9 April, 2019

Citations :

Other Sources :

 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Legal Procedure Explained - Interpretation of Statutes Motor Accident Insurance Claim MS Royal Sundaram Alliance Vs Mandala Yadagari Goud and Ors

Commissioner of Police Delhi Vs Devender Anand on 08 August, 2019

Posted on August 8, 2019 by ShadesOfKnife

Apex Court has dustbinned the false criminal case instituted by the litigant on a litigation which is of a civil nature, sale purchase of a flat, citing that it is a abise of process of Court.

 

Commissioner of Police Delhi Vs Devender Anand on 08 August, 2019

Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from 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 Abuse Or Misuse of Process of Court Commissioner of Police Delhi Vs Devender Anand Legal Procedure Explained - Interpretation of Statutes

Col. Rajnish Bhandari Vs Union of India on 02 August, 2019

Posted on August 7, 2019 by ShadesOfKnife

Based on Joseph Shine landmark judgment here, Supreme Court has struck down the adultery section 497 in the Jammu and Kashmir Ranbir Penal Code 1932 as well.

 

Col. Rajnish Bhandari Vs Union of India on 02 August, 2019

Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from 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 Col. Rajnish Bhandari Vs Union of India Joseph Shine Vs Union of India Landmark Case Law or Provision is Alleged as Unconstitutional Legal Procedure Explained - Interpretation of Statutes

Joseph Shine Vs Union of India on 27 September, 2018

Posted on August 7, 2019 by ShadesOfKnife

Landmark judgment from Apex Court which struck down Sec 497 IPC as ultravires with Articles 14, 21 of Constitution of India.

 

Joseph Shine Vs Union of India on 27 September, 2018

Citations :

Other Sources :

 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged IPC 497 - Adultery Joseph Shine Vs Union of India Landmark Case Law or Provision is Alleged as Unconstitutional Legal Procedure Explained - Interpretation of Statutes Work-In-Progress Article

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