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.
Tag: Legal Procedure Explained – Interpretation of Statutes
Amandeep Singh Johar Vs State of NCT of Delhi and Anr on 7 February, 2018
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.
Sundeep Kumar Bafna Vs State Of Maharashtra and Anr on 27 March, 2014
In this landmark judgment, a 2-judge Bench of Apex Court has held that a person can approach either High Court of a Sessions Court for a Regular bail under 439 CrPC, instead of exhausting the remedy of approaching the Magistrate Court.
News about this judgment:
Citations: [2014 AIOL 181], [2014 CRIMES SC 2 161], [2014 SCALE 4 215], [2014 BOMCR CRI SC 2 313], [2014 SUPREME 3 285], [2014 AIR SC 2115], [2014 SLT 3 540], [2014 RCR CRIMINAL SC 2 416], [2014 CRLJ SC 2245], [2014 JT 4 486], [2014 JCC SC 2 1264], [2014 AIR SC 1745], [2014 SCC 16 623], [2014 SCC ONLINE SC 257], [2014 KERLT 2 809], [2014 CRILJ 2245], [2014 NCC 1 570], [2015 NCC 1 798]
Other Source Links: https://indiankanoon.org/doc/102030495/ and https://www.casemine.com/judgement/in/5609af48e4b01497114160a8
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
Kesavananda Bharati Sripadagalvaru and Ors Vs State Of Kerala And Anr on 24 April, 1973
This is the landmark judgment of Supreme Court, where in Hon’ble Justice Hans Raj Khanna has outlined the basic structure doctrine of the Constitution and that only those amendments which tend to affect the ‘basic structure of the Constitution’ are subject to judicial review.
Wikipedia : https://en.wikipedia.org/wiki/Kesavananda_Bharati_v._State_of_Kerala
Minerva Mills Ltd. & Ors Vs Union Of India & Ors on 31 July, 1980
In this landmark judgment from Apex Court, two sections of Article 368 of Constitution of India are struck down as being invalid and unconstitutional, as they are against the basic structure of Constitution.
Citation : 1980 AIR 1789, 1981 SCR (1) 206
Indiankanoon.org link : https://indiankanoon.org/doc/1939993/
Krishna Bhatacharjee vs Sarathi Choudhury And Anr on 20 November, 2015
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”.
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.
Naresh Shridhar Mirajkar And Ors Vs State of Maharashtra And Anr on 3 March 1966
Interesting case here from Apex Court from 1966.
Back story:
Naresh Shridhar Mirajkar, who is a citizen of India, serves as a Reporter on the Staff of the English Weekly “Blitz”, published in Bombay and edited by Mr. R. K. Karanjia. It appears that Mr. Krishnaraj M. D. Thackersey sued Mr. R. K. Karanjia (Suit No. 319 of 1960) on the Original Side of the Bombay High Court, and claimed Rs. 3 lakhs by way of damages for alleged malicious libel published in the Blitz on the 24th September, 1960, under the caption “Scandal Bigger Than Mundhra”. This suit was tried by Mr. Justice Tarkunde.
One of the allegations which had been made in the said article was to the effect that China Cotton Exporters, of which Mr. Thackersey was a partner, had obtained licences for import of art silk yarn on condition that the same would be sold to handloom weavers only; and that in order to sell the said silk yarn in the black market with a view to realise higher profits, three bogus handloom factories were created on paper and bills and invoices were made with a view to create the impression that the condition on which the, licences had been granted to China Cotton Exporters, had been complied with. Mr. Thackersey’s concern had thus sold the said yarn in the black-market and thereby concealed from taxation’ the large profits made in that behalf. These allegations purported to be based on the papers filed in Suits Nos. 997 and 998 of 1951 which had been instituted by China Cotton Exporters against National Handloom Weaving Works, Rayon Handloom Industries, and one Bhaichand G. Goda. The said Bhaichand G. Goda was alleged to have been the guarantor in respect of the transactions mentioned in the said suits. The said Bhaichand Goda had, in the course of insolvency proceedings which had been taken out in execution of the decrees passed against him, made an affidavit which seemed to support the main points of the allegations made by the Blitz in its article “Scandal Bigger Than Mundhra”.
During the course of the trial, the said Bhaichand Goda was called as a defence witness by Mr. Karanjia. In the witness-box, Mr. Goda feigned complete ignorance of the said transactions; and under protection given to him by the learned Judge who was trying the action, he repudiated every one of the allegations he had made against Mr. Thackersey’s concern in the said affidavit. Thereupon, Mr. Karanjia applied for permission to cross-examine Mr. Goda and the said permission was granted by the learned Judge. Accordingly, Mr. Goda came to be cross-examined by Mr. Karanjia’s counsel.
Later, during the course of further proceedings, it was discovered that Mr. Goda had made several statements before the Income-tax authorities in which he had reiterated some of the statements made by him in his affidavit on which he was crossexamined. From the said statements it also appeared that he had alleged that in addition to the invoice price of the transactions in question, he had paid Rs. 90,000/- as “on money” to China Cotton Exporters. As a result of the discovery of this material, an application was made by Mr. Karanjia before the learned Judge for permission to recall Mr. Goda and confront him with the statements which he had made before the Income-tax authorities. The learned Judge granted the said application.
On Friday, the 23rd October, 1964, Mr. Goda stepped into the witness-box in pursuance of the order passed by the learned Judge that he should be recalled for further examination. On that occasion he moved the learned Judge that the latter should protect him against his evidence being reported in the press. He stated that the publication in the press of his earlier evidence had caused loss to him in business; and so, he desired that the evidence which he had been recalled to give should not be published in the papers. When this request was made by Mr. Goda, arguments were addressed before the learned Judge and he orally directed that the evidence of Mr. Goda should not be published. It was pointed out to the learned Judge that the daily press, viz., ’The Times of India’ and ’The Indian Express’ gave only brief accounts of the proceedings before the Court in that case, whereas the ’Blitz’ gave a full report of the said proceedings. The learned Judge then told Mr. Zaveri, Counsel for Mr. Karanjia that the petitioner who was one of the reporters of the ’Blitz’ should be told not to publish reports of Mr. Goda’s evidence in the ’Blitz’. The petitioner had all along been reporting the proceedings in the said suit in the columns of the ’Blitz’.
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On Monday, the 26th October, 1964, Mr. Chari appeared for Mr. Karanjia and urged before the learned Judge that the fundamental principle in the administration of justice was that it must be open to the public and that exceptions to such public administration of justice were rare, such as that of a case where a child is a victim of a sexual offence, or of a case relating to matrimonial matters where sordid details of intimate relations between spouses are likely to come out, and proceedings in regard to official secrecy. Mr. Chari further contended that no witness could claim protection from publicity on the ground that if the evidence is published it might adversely affect his business. Mr. Chari, therefore, challenged the correctness of the said order and alternatively suggested to the learned Judge that he should pass a written order forbidding publication of Mr. Goda’s evidence. The learned Judge, however, rejected Mr. Chari’s contentions and stated that he had already made an oral order forbidding such publication, and that no written order was necessary. He added that he expected that his oral order would be obeyed.
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The petitioner felt aggrieved by the said oral order passed by Mr. Justice Tarkunde and moved the Bombay High Court by a Writ Petition No. 1685 of 1964 under Art. 226 of the Constitution. The said petition was, however, dismissed by a Division Bench of the said High Court on the 10th November, 1964 on the ground that the impugned order was a judicial order of the High Court and was not amenable to a writ under Art. 226. That is how the petitioner has moved this Court under Art. 32 for the enforcement of his fundamental rights under Art. 19(1)(a) and (g) of the Constitution.
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In a suit for defamation against the editor of a weekly newspaper, field on the original side of the High Court, one of the witnesses prayed that the Court may order that publicity should not be given to his evidence in the press as his business would be affected. After hearing arguments, the trial Judge passed an oral order prohibiting the publication of the evidence of the witness. A reporter of the weekly along with other journalists moved this Court under Art. 32 challenging the validity of the order.
Citations: [
Other Source links:
The Index for Defamation Judgments is here.
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
Abhijit Bhikaseth Auti Vs State Of Maharashtra and Anr on 16 September, 2008
Following questions arise for consideration in this petition filed with Hon’ble Bombay High Court:
“Whether an order passed on an application made under section 23 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as “the said Act”) is appelable under section 29 of the said Act?
Whether an appeal will lie under section 29 of the said Act against every order passed by the learned Magistrate in proceedings initiated on the basis of an application made under section 12 of the said Act?
What is the scope of an appeal under section 29 of the said Act?”
From Para 25,
Thus, the conclusions which can be summarised are as under:
(i) An appeal will lie under section 29 of the said Act against the final order passed by the learned Magistrate under sub-section 1 of section 12 of the said Act;(ii) Under sub-section 2 of section 23 of the said Act, the learned Magistrate is empowered to grant an ex-parte ad-interim relief in terms of sections 18 to 22 of the said Act. The power under sub-section 1 is of granting interim relief in terms of sections 18 to 22 of the said Act. Before granting an interim relief under sub-section 1, an opportunity of being heard is required to be granted to the respondent.
(iii) An appeal will also lie against orders passed under sub section 1 and sub section 2 of the section 23 of the said Act which are passed by the learned Magistrate. However, while dealing with an appeal against the order passed under section 23 of the said Act, the Appellate Court will usually not interfere with the exercise of discretion by the learned Magistrate. The appellate Court will interfere only if it is found that the discretion has been exercised arbitrarily, capriciously, perversely or if it is found that the Court has ignored settled principles of law regulating grant or refusal of interim relief.
(iv) An appeal under section 29 will not be maintainable against purely procedural orders which do not decide or determine the rights and liabilities of the parties.
Citations: [2
Other Source links:
Kusum Lata Sharma Vs State and Anr on 2 September, 2011
This is the landmark judgment from Delhi High Court which held that “A mother who is being maltreated and harassed by her son would be an “aggrieved person”. If the said harassment is caused through the female relative of the son i.e. his wife, the said female relative will fall within the ambit of the “respondent‟. This phenomenon of the daughters-in-law harassing their mothers-in-law especially who are dependent is not uncommon in the Indian society.”
From Paras 9 and 10,
9. As a matter of fact, para ‘4(i)’ clarifies that even those women who are sisters, widows, mothers, single woman or living with the abuser are entitled to legal protection under the proposed legislation. A mother who is being maltreated and harassed by her son would be an “aggrieved person”. If the said harassment is caused through the female relative of the son i.e. his wife, the said female relative will fall within the ambit of the ‘respondent’. This phenomenon of the daughters-in-law harassing their mothers-in-law especially who are dependent is not uncommon in the Indian society.
10. In view of the authoritative pronouncement of the Hon’ble Supreme Court, para ‘4’ of the Statement of Objects and Reasons cannot be stated to have excluded a female relative of the male partner or a respondent and thus, a mother-in-law being an “aggrieved person” can file a complaint against the daughter-in-law as a respondent.
Citations : [2011 DMC 3 1], [2011 CRIMES 4 548], [2011 DLT 181 775], [2011 DRJ 126 298], [2011 ILR SUPP DELHI 4 435], [2012 RCR CRIMINAL 1 924], [2011 SCC ONLINE DEL 3710], [2011 AIC 106 846], [2011 AD DELHI 6 576]
Other Sources :
https://indiankanoon.org/doc/1272794/
https://www.casemine.com/judgement/in/56090db1e4b014971117a40b
