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: Legal Procedure Explained – Interpretation of Statutes

Sunita Kachwaha and Ors Vs Anil Kuchwaha on 28 Oct 2014

Posted on April 5, 2025 by ShadesOfKnife

A division bench of Apex Court held as follows,

From para 9,

9. Inability to maintain herself is the precondition for grant of maintenance to the wife. The wife must positively aver and prove that she is unable to maintain herself, in addition to the fact that her husband has sufficient means to maintain her and that he has neglected to maintain her. In her evidence, the appellant wife has stated that only due to help of her retired parents and brothers, she is able to maintain herself and her daughters. Where the wife states that she has great hardships in maintaining herself and the daughters, while her husband’s economic condition is quite good, the wife would be entitled to maintenance.

Sunita Kachwaha and Ors Vs Anil Kuchwaha on 28 Oct 2014

Citations: [AIR 2015 SUPREME COURT 554]

Other Sources:

https://indiankanoon.org/doc/3786357/

https://www.casemine.com/judgement/in/5609af48e4b01497114160aa


Index of Maintenance Judgments under 144 BNSS is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision BNSS Sec 144 - Order for maintenance of wives children and parents CrPC 125 or BNSS 144 - Order for Maintenance of Wives Children and Parents CrPC Sec 125 or BNSS Sec 144 - Interim Maintenance Granted Landmark Case Legal Procedure Explained - Interpretation of Statutes Non-Reportable Judgement or Order Sunita Kachwaha and Ors Vs Anil Kuchwaha | Leave a comment

N.Usha Rani and Anr Vs Moodudula Srinivas on 30 Jan 2025

Posted on March 28, 2025 by ShadesOfKnife

A division bench of Supreme Court passed this judgment…

From Para 3, (Madam is very planned: MOU signed with First Husband on 25-Nov-2005; Remarriage with Second Husband on 27-Nov-2005; And someone said our judges are blind-fucks)

3. The facts of the case reveal that Appellant No.1 before this Court – Smt. N. Usha Rani married one Nomula Srinivas on 30.08.1999 at Hyderabad. During the period of their wedlock, she gave birth to a male child, namely, Sai Ganesh on 15.08.2000. The couple lived together until disputes arose between them. Following their return from the United States of America in February 2005, they began living separately. Eventually, on 25.11.2005, a Memorandum of Understanding (‘MoU’) was executed between the couple, dissolving their marriage. Meanwhile, Appellant No. 1 got acquainted with her neighbour,the Respondent, and the couple got married on 27.11.2005.

From Para 10,

10. We have heard learned counsels for the parties and perused the record. The short question before us is whether a woman is entitled to claim maintenance u/s. 125 CrPC from her second husband while her first marriage is allegedly legally subsisting.

From Paras 17 and 18, (Dripping and Simping Wokeism… Thuuu)

17. This encapsulates the full scope and gravity of considerations before this Court as we deliberate on the issue at hand. The present case does not concern a live-in relationship. The Family Court made a factual finding that Appellant No. 1 married the Respondent and that finding is not disputed by the Respondent. Instead, the Respondent seeks to defeat the right to maintenance by claiming that his marriage to Appellant No. 1 is void ab initio as her first marriage is still subsisting. Two other pertinent facts must be considered: firstly, it is not the case of the Respondent that the truth was concealed from him. In fact, the Family Court makes a specific finding that Respondent was fully aware of the first marriage of the Appellant No. 1. Therefore, Respondent knowingly entered into a marriage with Appellant No. 1 not once, but twice. Secondly, Appellant No. 1 places before this Court an MoU of separation with her first husband. While this is not a legal decree of divorce, it also emerges from this document and other evidence that the parties have dissolved their ties, they have been living separately and Appellant No. 1 is not deriving maintenance from her first husband. Therefore, barring the absence of a legal decree, Appellant No. 1 is de facto separated from her first husband and is not deriving any rights and entitlements as a consequence of that marriage.
18. In the opinion of this Court, when the social justice objective of maintenance u/s. 125CrPC is considered against the particular facts and circumstances of this case, we cannot, in good conscience, deny maintenance to Appellant No. 1. It is settled law that social welfare provisions must be subjected to an expansive and beneficial construction and this understanding has been extended to maintenance since Ramesh Chander (supra). An alternate interpretation would not only explicitly defeat the purpose of the provision by permitting vagrancy and destitution, but would also give legal sanction to the actions of the Respondent in knowingly entering into a marriage with Appellant No.1, availing its privileges but escaping its consequent duties and obligations. The only conceivable mischief that could arise in permitting a beneficial interpretation is that the Appellant No.1 could claim dual maintenance–however, that is not the case under the present facts. We are aware that this Court has previously denied maintenance in cases of subsisting marriages (See Yamunabai (supra) and Bakulabai (supra)). However, a plea of separation from the first marriage was not made in those cases and hence, they are factually distinguishable. It must be borne in mind that the right to maintenance u/s. 125 CrPC is not a benefit received by a wife but rather a legal and moral duty owed by the husband.

N.Usha Rani and Anr Vs Moodudula Srinivas on 30 Jan 2025

Citations: [2025 INSC 129]

Other Sources:

https://indiankanoon.org/doc/56187356/

https://www.casemine.com/judgement/in/67a987a7c254af19d96c5a16


Index of Maintenance Judgements is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision BNSS Sec 144 - Order for maintenance of wives children and parents Legal Procedure Explained - Interpretation of Statutes N.Usha Rani and Anr Vs Moodudula Srinivas Reportable Judgement or Order | Leave a comment

Chand Dhawan Vs Jawaharlal Dhawan on 11 Jun 1993

Posted on March 23, 2025 by ShadesOfKnife

A division bench of the Apex Court passed this landmark judgment, holding that alimony u/s 25 of the Hindu Marriage Act can be sought only when any decree is passed under sections 9 to 14 of the Hindu Marriage Act.

On the other hand, under the Hindu Marriage Act, in contrast, her claim for maintenance pendente lite is durated on the pendency of a litigation of the kind envisaged under sections 9 to 14 of the Hindu Marriage Act, and her claim to permanent maintenance or alimony is based on the supposition that either her marital status has been strained or affected by passing a decree for restitution of conjugal rights or judicial separation in favour or against her, or her marriage stands dissolved by a decree of nullity or divorce, with or without her consent. Thus when her marital status is to be affected or disrupted the court does so by passing a decree for or against her. On or at the time of the happening of that event, the court being siezen of the matter, invokes its ancilliary or incidental power to grant permanent alimony. Not only that, the court retains the jurisdiction at subsequent stages to fulfil this incidental or ancilliary obligation when moved by an application on that behalf by a party entitled to relief. The court further retains the power to chance or alter the order in view of the changed circumstances. Thus the whole exercise is within the gammit of a diseased of a broken marriage. And in order to avoid conflict of perceptions the legislature while codifying the Hindu Marriage Act preserved the right of permanent maintenance in favour of the husband or the wife, as the case may be, dependent on the court passing a decree of the kind as envisaged under sections 9 to 14 of the Act. In other words without the marital status being affected or disrupted by the matrimonial court under the Hindu Marriage Act the claim of permanent alimony was not to be valid as ancilliary or incidental to such affectation or disruption.

We have thus, in this light, no hesitation in coming to the view that when by court intervention under the Hindu Marriage Act, affection or disruption to the marital status has come by, at that juncture, while passing the decree, it undoubtedly has the power to grant permanent alimony or maintenance, if that power is invoked at that time. It also retains the power subsequently to be invoked on application by a party entitled to relief.

Finally,

On the afore analysis we have been led to the conclusion that the step of the wife to move the court of Additional District Judge, Amritsar for grant of maintenance under section 25 of the Hindu Marriage Act was ill-advised. The judgment of the High Court under appeal could be no other than the one that it was in the present state of law and the facts and circumstances. It is still open to the wife to stake her claim to maintenance in other fora. The judgments of the High Courts earlier quoted, and others which have been left out, which are not in line with our view are over-ruled. The earlier and predominant view was the correct one and the later an aberration; something unfortunate from the precedential point of view. The appeals thus inevitably have to and are hereby dismissed, but without any order as to costs.

Chand Dhawan Vs Jawaharlal Dhawan on 11 Jun 1993

Citations: [1993 LawSuit(SC) 494], [(1993) 3 S.C.R. 954], [1993 INSC 216], [1993 SCC (3) 406], [1993 AIR SCW 2548], [1993 CRI. L. J. 2930], [1993 SCC(CRI) 915], [(1993) IJR 335 (SC)], [1994 BOM CJ 147], [1993 (2) UJ (SC) 356], [1993 (4) JT 22], [1993 MAH LJ 1731], [(1993) 2 DMC 110], [(1993) 2 HINDULR 203], [(1993) 2 MAHLR 866], [(1993) MARRILJ 459], [(1994) MPLJ 1], [(1993) 3 RECCRIR 545], [(1994) 1 RRR 574], [(1993) 3 SCJ 50], [(1993) 22 ALL LR 240], [(1993) 2 CIVLJ 902], [1993 LawSuit(SC) 494]

Other Sources:

https://indiankanoon.org/doc/1162687/

https://www.casemine.com/judgement/in/5609ac8fe4b014971140f246

https://digiscr.sci.gov.in/view_judgment?id=MTk0MTQ=

Chand Dhawan Vs. Jawaharlal Dhawan

https://lawinsider.in/judgment/smt-chand-dhawan-vs-jawaharlal-dhawan

https://www.the-laws.com/Encyclopedia/browse/Case?caseId=002991343000&title=chanddhawan-vs-jawaharlal

https://www.simplekanoon.com/family-law/smt-chand-dhawan-v-jawaharlal-dhawan-1509/

https://lawfyi.io/smt-chand-dhawan-vs-jawaharlal-dhawan-on-11-june-1993/

https://lawsuitcasefinder.com/casedetail?id=U2FsdGVkX1plo2GAY5xcebh78PQGFoZ2Mju1Jpebh78bGJ5ukMSE1YMgs5


Index to the Maintenance Judgments under Hindu Marriage Act here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Chand Dhawan Vs Jawaharlal Dhawan HM Act 25 - Permanent alimony and maintenance HM Act 25 - Permanent Alimony Denied Landmark Case Legal Procedure Explained - Interpretation of Statutes Overruling Judgment Reportable Judgement or Order | Leave a comment

Musin Babulal Thengade and Ors Vs State of Maharashtra and Anr on 29 Jan 2025

Posted on March 2, 2025 by ShadesOfKnife

A division bench of Bombay High Court at Aurangabab held that

From Para 6,

6. Apart from this, the learned A.P.P. has also placed reliance on judgment of Hon’ble Supreme Court in the matter of Rupali Devi Vs. State of Uttar pradesh reported in AIR OnLine (2019) SC 394.

From Paras 9 and 10,

9. As regards Section 472 of the Cr. P. C, contention of the learned A.P.P. that offence under Section 498-A of the IPC is a continuing wrong will have to be accepted, but only with a rider. Although the offence under Section 498-A of the IPC is a continuing wrong, it would not mean that limitation would continue to run perennially.The correct interpretation of the provision is provided in the matter of Arun Vyas and another Vs. Anita Vyas (supra) which sates that in case of offence under Section 498-A, a new starting point of limitation is start on every occasion when the wrong is committed and the period of limitation needs to be computed from the last such wrong. We may profitably quote paragraph 13 of the said decision, which reads as under :-
“ The essence of the offence in Section 498-A is cruelty as defined in the explanation appended to that section. It is a continuing offence and on each occasion on which the respondent was subjected to cruelty, she would have a new starting point of limitation. The last act of cruelty was committed against the respondent, within the meaning of the explanation, on October 13, 1988 when, on the allegation made by the respondent in the complaint to Additional Chief Judicial Magistrate, she was forced to leave the matrimonial home. Having regard to the provisions of Sections 469 and 472 the period of limitation commenced for offences under Sections 406 and 498-A from October 13, 1988 and ended on October 12, 1991. But the charge sheet was filed on December 22, 1995,therefore, it was clearly barred by limitation under Section 468(2)(c) Cr. P. C.’’
10. Thereafter, the Hon’ble Supreme Court has further stated in paragraph No. 14 that in complaints under Section 498-A the wife will invariably be oppressed, who is subjected to cruelty and, therefore, Section 473 of the Cr. P.C should be construed liberally in favour of wife. However, the Hon’ble Supreme Court has also cautioned that the words interest of justice employed in Section 473 of the Cr. P. C. cannot mean in the interest of prosecution and the true object of the provision is to advance the cause of justice by protecting the oppressed and punishing the offender. The Hon’ble Supreme Court has also referred to its earlier judgment in the matter of Onkar Radha Manohari (Smt) Vs. Venka Venkata Reddy reported in 1993 AIR SCW 3595 that while dealing with Section 498-A of the Indian Penal Code, the Court should not only examine as to whether delay is properly explained, but also as to whether it is necessary to entertain a time barred matter in the interest of justice.

From Paras 13 and 14,

13. These observations have been made in the context of territorial jurisdiction. The judgment does not deal with the aspect of limitation. Provisions of Sections 468, 472 and 473 of the Cr. P.C did not fall for consideration in this case. As against this in the cases of Arun Vyas and another Vs Anita Vyas (supra) and Ramesh and other Vs. state of Tamil Nadu (supra), the question of limitation was directly involved and the same is answered referring to the relevant statutory provisions. It is settled legal principle that judgments of the Courts have to be interpreted in the backdrop of facts of the particular case. Ratio of a case has to be understood and appreciated in the backdrop of the facts in which the judgment is delivered. The law laid down in the judgment cannot be divorced from the facts of the case in which it is delivered. A judgment cannot be interpreted like a statute. It cannot be applied uniformly every where like Euclid’s theorems of geometry. Therefore, while dealing with aforesaid three judgments cited during the course of hearing, we are of the considered opinion that the ratio laid down in the matters of Arun Vyas and Ramesh which directly deal with the question of limitation will have to be accepted. The judgment in the matter of Rupali Devi is relating to territorial jurisdiction of a Court to deal with offence under Section 498-A of the IPC.
14. In the light of above, we are of the opinion that limitation for offence punishable under Section 498-A of the IPC shall commence from the last act of cruelty. Offence under Section 498-A of the IPC is a continuing offence implies that each act of cruelty would offer new starting point of limitation. Limitation for prosecution under Section 498-A does not continue for indefinite period. Such interpretation will render Section 468 of the Cr. P.C. nugatory or otiose for the purpose of Section 498-A of the Indian Penal Code which does not appear to be the intention of legislature. Had there been intention to exclude Section 498-A of the IPC from the sweep of Section 468 of the Cr. P.C express provision could have been made for the said purpose.

Musin Babulal Thengade and Ors Vs State of Maharashtra and Anr on 29 Jan 2025

Citations: [2025:BHC-AUG:2858-DB]

Other Sources:

https://www.livelaw.in/high-court/bombay-high-court/bombay-high-court-cruelty-498a-ipc-limitation-283107

https://lawtrend.in/limitation-period-for-ipc-section-498-a-to-commence-from-last-act-of-cruelty-bombay-high-court/

Limitation for offence punishable under Section 498-A of IPC commences from the last act of cruelty: Bombay HC

https://www.verdictum.in/court-updates/high-courts/bombay-high-court/aurangabad-musin-babulal-thengade-v-the-state-of-maharashtra-2025-bhc-aug-2858-db-limitation-1567184


Index of Quash judgments is here.

Posted in High Court of Bombay Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Catena of Landmark Judgments Referred/Cited to CrPC 472 - Continuing offence CrPC 473 - Extension of period of limitation in certain cases CrPC 482 – IPC 498A Quashed Delay or Unexplained Delay In Filing Complaint IPC 498A - 3 Years Limitation IPC 498A - Husband or relative of husband of a woman subjecting her to cruelty Landmark Case Legal Procedure Explained - Interpretation of Statutes Legislative Intent must be Respect while Interpreting Statutes Musin Babulal Thengade and Ors Vs State of Maharashtra and Anr Rupali Devi Vs State of UP and Ors | Leave a comment

Sukhdev Singh Vs Sukhbir Kaur on 12 Feb 2025

Posted on February 12, 2025 by ShadesOfKnife

A full bench of Supreme Court passed this order to a reference from a division bench.

From Para 6,

6. The following questions arise for our consideration:
(i)Whether a spouse of a marriage declared as void by a competent Court under Section 11 of the 1955 Act is entitled to claim permanent alimony and maintenance under Section 25 of the 1955 Act?
(ii)Whether in a petition filed seeking a declaration under Section 11 of the 1955 Act, a spouse is entitled to seek maintenance pendente lite under Section 24 of the 1955 Act?

From Para 26,

26. An apprehension is the expression by the learned counsel for the appellant that if it is held that Section 25 of the 1955 Act also applies to void marriages, it will lead to a ridiculous result. He gave an example of a wife whose first marriage is subsisting, inducing another man to marry her. He also gave an example of a daughter getting married to her father. We must note that Sub-Section 1 of Section 25 uses the word “may”. A grant of a decree under Section 25 of the 1955 Act is discretionary. If the conduct of the spouse who applies for maintenance is such that the said spouse is not entitled to discretionary relief, the Court can always turn down the prayer for the grant of permanent alimony under Section 25 of the 1955 Act. Equitable considerations do apply when the Court considers the prayer for maintenance under Section 25. The reason is that Section 25 lays down that while considering the prayer for granting relief under Section 25, the conduct of the parties must be considered.

From Paras 27 and 28,

27. Section 24 confers a power on a matrimonial Court to grant interim maintenance in pending proceedings seeking a decree contemplated under the 1955 Act. The power is to be exercised pending the proceedings for a grant of a decree under Sections 9 to 13 of the 1955 Act. The conditions for applicability of Section 24 are:
(i) There must be a proceeding under the 1955 Act pending and
(ii) the court must come to a conclusion that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding.
26. Even if, prima facie, the matrimonial court finds the marriage between the parties is void or voidable, the court is not precluded from granting maintenance pendente lite provided the conditions mentioned above are satisfied. The grant of relief under Section 24 is discretionary as the Section uses the word ‘may’. While deciding the prayer for interim relief under Section 24, the Court will always consider the conduct of the party seeking the relief. It provides for issuing a direction to pay a reasonable amount.

Final conclusions:

29. Accordingly, we answer the questions as follows:
a. A spouse whose marriage has been declared void under Section 11 of the 1955 Act is entitled to seek permanent alimony or maintenance from the other spouse by invoking Section 25 of the 1955 Act. Whether such a relief of permanent alimony can be granted or not always depends on the facts of each case and the conduct of the parties. The grant of relief under Section 25 is always discretionary; and
b. Even if a court comes to a prima facie conclusion that the marriage between the parties is void or voidable, pending the final disposal of the proceeding under the 1955 Act, the court is not precluded from granting maintenance pendente lite provided the conditions mentioned in Section 24 are satisfied. While deciding the prayer for interim relief under Section 24, the Court will always take into consideration the conduct of the party seeking the relief, as the grant of relief under Section 24 is always discretionary.

Sukhdev Singh Vs Sukhbir Kaur on 12 Feb 2025

Citations: [2025 INSC 197]

Other Sources:

https://www.livelaw.in/supreme-court/permanent-alimony-interim-maintenance-can-be-granted-even-when-marriage-is-void-under-hindu-marriage-act-supreme-court-283751

https://www.barandbench.com/news/litigation/spouse-of-void-marriage-under-hindu-marriage-act-entitled-to-permanent-alimonymaintenance-supreme-court

https://www.advocatekhoj.com/library/judgments/announcement.php?WID=18508

https://lawtrend.in/hindu-marriage-act-alimony-and-maintenance-granted-even-if-marriage-is-void-supreme-court/


Index of Maintenance Judgements under HMA here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 3-Judge (Full) Bench Decision Alimony and Maintenance granted in a Null and Void ab Initio Marriage Catena of Landmark Judgments Referred/Cited to HM Act 11 - Void marriages Landmark Case Legal Procedure Explained - Interpretation of Statutes Misinterpretation of Earlier Judgment or Settle Principle of Law or Per Incuriam Reportable Judgement or Order Sukhdev Singh Vs Sukhbir Kaur | 1 Comment

Srinivas Raghavendrarao Desai (Dead) By Lrs. Vs V.Kumar Vamanrao and Ors on 04 Mar 2024

Posted on December 23, 2024 by ShadesOfKnife

A division bench of the Apex Court reiterated that no evidence could be led beyond pleadings.

From Para 15,

15. There is no quarrel with the proposition of law that no evidence could be led beyond pleadings. It is not a case in which there was any error in the pleadings and the parties knowing their case fully well had led evidence to enable the Court to deal with that evidence. In the case in hand, specific amendment in the pleadings was sought by the plaintiffs with reference to 1965 partition but the same was rejected. In such a situation, the evidence with reference to 1965 partition cannot be considered.

Srinivas Raghavendrarao Desai (Dead) By Lrs. Vs V.Kumar Vamanrao and Ors on 04 Mar 2024

 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Catena of Landmark Judgments Referred/Cited to Landmark Case Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order Srinivas Raghavendrarao Desai (Dead) By Lrs. Vs V.Kumar Vamanrao and Ors | Leave a comment

Dr. Virender Kumar Vs State of UP and Anr on 16 Oct 2024

Posted on October 31, 2024 by ShadesOfKnife

A single judge of Allahabad High Court held as follows,

From Paras 4-5,

4. From a bare perusal of Section 125(4) Cr.P.C., it is patently manifest that once there is categorical allegation of adultery against the wife, then the court concerned dealing with the matter under Section 125 Cr.P.C. has to decide the issue of adultery and even interim maintenance can be awarded only after recording a finding on that issue.
5. This Court prima facie finds that the exercise as required under Section 125(4) Cr.P.C. is completely missing in the matter and without recording any finding on the issue of adultery, the impugned order dated 13.4.2023 has been passed whereby interim maintenance amounting Rs.7,000/- has been awarded in favour of Opposite Party No.2.

Dr. Virender Kumar Vs State of UP and Anr on 16 Oct 2024

If this case status is not available from eCourts app/website, then access it from Allahabad HC’s inhouse application here.


Index of Maintenance Judgements u/s 125 CrPC is here.

Posted in High Court of Allahabad Judgment or Order or Notification | Tagged 1-Judge Bench Decision CrPC Sec 125(4) or BNSS Sec 144(4) - No Maintenance or Interim To Adulterer or Deserter Wife Dr. Virender Kumar Vs State of UP and Anr Legal Procedure Explained - Interpretation of Statutes | Leave a comment

MS SAS Infratech Pvt Ltd Vs State of Telangana and Anr on 14 May 2024

Posted on June 1, 2024 by ShadesOfKnife

A division bench of the Apex Court held as follows,

From Paras 8-11,

8. In view of the above, it is clear that when the Magistrate in exercise of his judicial discretion directs investigation under Section 156(3) of Cr. P.C., he cannot be said to have taken cognizance of any offence. It is only when the Magistrate after applying his mind prefers to follow the procedure under Chapter XV of Cr.P.C. by resorting to Sections 200, he can be said to have taken cognizance of the offence.
9. The learned counsel for Respondent No.2 has placed reliance of the decision of this Court in “Priyanka Srivastava And Another Versus State of Uttar Pradesh And Others” (2015) 6 SCC 287 to submit that the complaint filed by the appellant – complainant was not supported by an affidavit. In our opinion, the said observation has been made in the said case by way of abundant caution to see that frivolous complaints are avoided.
10. In the instant case, as transpiring from the order passed by the Trial Court, the said Court had perused the complaint and the documents in  support thereof, and also the submissions made by the learned counsel for the appellant – complainant and after having been prima facie satisfied, it had exercised its judicial discretion directing investigation under Section 156(3) of Cr. P.C. Such order being just, legal and proper, the High Court should not have interfered with the same, more particularly while exercising limited powers under Section 482 of Cr. P.C.
11. In that view of the matter, the impugned order passed by the High Court is set aside and the order dated 30-6-2023 passed by the Trial Court is restored.

MS SAS Infratech Pvt Ltd Vs State of Telangana and Anr on 14 May 2024

Citations:

Other Sources:


The decision of the Telangana High Court is here.

From Paras 4 and 5 [Consequences to the Lack of understanding of the procedures between Sec 156(3) CrPC and Sec 200 read with Sec 190 of CrPC)]

3. The docket order dated 30.06.2023 passed in S.R.No.3297 of 2023 by the Principal Junior Civil Judge-cum-XI Additional Metropolitan Magistrate, Medchal-Malkajgiri District, Kukatpally, reads as follows:
“Complainant called present. The learned counsel for the complainant is present. Heard the learned counsel for the complainant. Perused the complaint and on scrutiny of the complaint, documents and also the submission made by the learned counsel for the complaint, this Court found prima-face case, hence this complaint is referred to SHO, PS Bachupally U/Sec. 156 (3) of Cr.P.C for investigation and report.”

4. It is the contention of the learned counsel for the petitioner/accused No.3 that the learned Magistrate has not applied judicial mind for forwarding the complaint to the police for investigation under Section 156 (3) of Cr.P.C and further no reasons have been assigned by the trial Court while disposing of the matter and therefore, seeks to set aside the said docket order.
5. As per the procedure laid down under Section 200 of Cr.P.C, a Magistrate taking cognizance of an offence on complaint shall examine upon oath the complainant and the witnesses present, if any, and the substance of such examination shall be reduced to writing and shall be signed by the complainant and the witnesses, and also by the Magistrate. If, after considering the statements on oath (if any) of the complainant and of the witnesses and the result of the inquiry or investigation (if any) under Section 202 of Cr.P.C, the Magistrate is of opinion that there is no sufficient ground for proceeding, he shall dismiss the complaint, and in every such case he shall briefly record his reasons for so doing.

Manne Mahesh Yadav Vs State of Telangana on 14 Sep 2023
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 156(3) - Any Magistrate Empowered u/s 190 May Order Such an Investigation as above-mentioned Legal Procedure Explained - Interpretation of Statutes MS SAS Infratech Pvt Ltd Vs State of Telangana and Anr | Leave a comment

Saroj Rani Vs Sudarshan Kumar Chadha on 8 Aug 1984

Posted on May 22, 2024 by ShadesOfKnife

A division bench of the Apex Court held that ‘Section 9 of Hindu Marriage Act, 1955 (popularly called as Restitution of Conjugal Rights case) is not violative of Articles 14 and 21 (right to privacy)‘.

 

Saroj Rani Vs Sudarshan Kumar Chadha on 8 Aug 1984
Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Article 14 - Equality before law Article 21 - Protection of life and personal liberty Constitutional Validity HM Act 9 - Restitution of conjugal right Landmark Case Legal Procedure Explained - Interpretation of Statutes Not Authentic copy hence to be replaced Reportable Judgement or Order Saroj Rani Vs Sudarshan Kumar Chadha | Leave a comment

Bipin Chander Jaisinghbhai Shah Vs Prabhawati on 19 Oct 1956

Posted on March 13, 2024 by ShadesOfKnife

A division bench of Apex Court held as follows, (with respect to ‘desertion’)

Thus the quality of permanence is one of the essential elements which differentiates desertion from wilful separation. If a spouse abandons the other spouse in a state of temporary passion, for example, anger or disgust, without intending permanently to cease cohabitation, it will not amount to desertion. For the offence of desertion, so far as the deserting spouse is concerned, two essential conditions must be there, namely, (1) the factum of separation, and (2) the intention to bring cohabitation permanently to an end (animus deserendi). Similarly two elements are essential so far as the deserted spouse is concerned : (1) the absence of consent, and (2) absence of conduct giving reasonable cause to the spouse leaving the matrimonial home to form the necessary intention aforesaid.

Bipin Chander Jaisinghbhai Shah Vs Prabhawati on 19 Oct 1956

Citations: [1957 AIR 176], [1956 SCR 838]

Other Sources:

https://indiankanoon.org/doc/1131783/

 


Index of Divorce judgments is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Bipin Chander Jaisinghbhai Shah Vs Prabhawati Landmark Case Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order | Leave a comment

Post navigation

  • Older posts
  • Newer posts

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
rose_k01 Rosy @rose_k01 ·
10 Jul

Women in the Yao village of China are famous for having the Longest hair in the World averaging 6 feet long. Women in their 80s still don't have a Single grey hair!! Their secret is Fermented Rice water. Watch How they make & use it 🍚🌾💧

Reply on Twitter 2075635918879523325 Retweet on Twitter 2075635918879523325 897 Like on Twitter 2075635918879523325 3906 X 2075635918879523325
Retweet on Twitter Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Retweeted
ani ANI @ani ·
12 Jul

Promo | ANI Podcast with R.V.S. Mani, Former Under Secretary, Ministry of Home Affairs, Premieres Today at 5 PM IST

"Narendra Modi and Amit Shah Were the Targets in the Ishrat Jahan Case."

"None of the Files Had the Term 'Hindu Terror' Until 2010."

"Digvijaya Singh Asked Me to

Reply on Twitter 2076177037165994029 Retweet on Twitter 2076177037165994029 625 Like on Twitter 2076177037165994029 1604 X 2076177037165994029
Retweet on Twitter Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Retweeted
kolla_ch1 చైతన్య కొల్లా @kolla_ch1 ·
11 Jul

రాష్ట్రం మీద పడి.. అడ్డ గాడిదల్లా... అడ్డ దిడ్డంగా పడి దోచుకున్న అడ్డమైన ఎదవలకు ఊడిగం చేస్తూ

డెలివరీ బాయ్ లను అవమానపర్చే

ఆ నెల తక్కువ సన్నాసి మొహాన కొట్టండయ్యా దీన్ని 🤷‍♂️

Reply on Twitter 2076018293836808437 Retweet on Twitter 2076018293836808437 111 Like on Twitter 2076018293836808437 644 X 2076018293836808437
Retweet on Twitter Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Retweeted
shunyta_007 𝐒ɦυ𐓣𝗒𝗍α @shunyta_007 ·
12 Jul

Observation Skills 🔥

Reply on Twitter 2076189650885226496 Retweet on Twitter 2076189650885226496 537 Like on Twitter 2076189650885226496 3147 X 2076189650885226496
Load More

Recent Posts

  • Prahlad Singh Bhati Vs N.C.T. Delhi and Anr on 23 Mar 2001 July 12, 2026
  • Application for Day-to-Day Trial – Format, Procedure & Sample Draft July 8, 2026
  • Pooja Ramesh Singh Vs JnK Bank and Anr on 02 Jul 2026 July 8, 2026
  • A.S.S.K.Durga Prasad Vs NCDRC and Ors on 24 Jun 2026 July 7, 2026
  • Application for Permanent Exemption from Appearance – Format, Procedure & Sample Draft July 7, 2026

Most Read Posts

  • Reply to Section 41A CrPC Notice – Format with Legal Explanation (5,051 views)
  • Anu Aggarwal Vs Sushant Aggarwal on 20 Jan 2026 (3,607 views)
  • Umme Farva Vs State of U.P. and Anr on 14 Jan 2026 (3,533 views)
  • Charge Sheet and Final Report Explained (3,008 views)
  • Regular Bail Application Format (Section 437/439 CrPC) (2,378 views)
  • Neha Lal Vs Abhishek Kumar on 20 Jan 2026 (2,155 views)
  • Arrest Procedure in 498A cases after Arnesh Kumar (2,059 views)
  • Discharge Application Format in 498A Case – Draft, Procedure & Sample Template (1,928 views)
  • Can You Travel Abroad After an FIR Is Registered? – Legal Position Explained (1,872 views)
  • Life Cycle of a Perjury Case (1,800 views)

Tags

Reportable Judgement or Order (436)2-Judge (Division) Bench Decision (422)Legal Procedure Explained - Interpretation of Statutes (386)Landmark Case (383)1-Judge Bench Decision (366)Catena of Landmark Judgments Referred/Cited to (297)Work-In-Progress Article (215)3-Judge (Full) Bench Decision (101)Sandeep Pamarati (91)Article 21 - Protection of life and personal liberty (80)Issued or Recommended Guidelines or Directions or Protocols to be followed (71)Perjury Under 340 CrPC (66)Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations (62)Reprimands or Setbacks to YCP Govt of Andhra Pradesh (49)Summary Post (47)CrPC 482 - Quash (44)HM Act Sec 13 - Divorce Granted to Husband (42)Divorce Granted on Cruelty ground (42)Legal Terrorism (41)Abuse Or Misuse of Process of Court (40)

Categories

Supreme Court of India Judgment or Order or Notification (758)Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments (329)High Court of Andhra Pradesh Judgment or Order or Notification (187)High Court of Delhi Judgment or Order or Notification (164)High Court of Bombay Judgment or Order or Notification (112)High Court of Karnataka Judgment or Order or Notification (95)Legal Procedure (83)High Court of Madras Judgment or Order or Notification (71)High Court of Allahabad Judgment or Order or Notification (62)LLB Study Material (59)General Study Material (56)High Court of Punjab & Haryana Judgment or Order or Notification (53)Assorted Court Judgments or Orders or Notifications (51)High Court of Kerala Judgment or Order or Notification (47)Judicial Activism (for Public Benefit) (47)Prakasam DV Cases (46)District or Sessions or Magistrate Court Judgment or Order or Notification (44)High Court of Madhya Pradesh Judgment or Order or Notification (38)High Court of Gujarat Judgment or Order or Notification (28)High Court of Telangana Judgment or Order or Notification (28)

Recent Comments

  • eCourts India on Compromise-Based Quashing in Matrimonial Cases – Complete Legal Strategy
  • The Divorce Law Firm on Life Cycle Stages of a Divorce case
  • The Divorce Law Firm on Life Cycle Stages of a Divorce case
  • ShadesOfKnife on Sandeep Pamarati Vs Ungrateful Knife (IPC 498A Case)
  • KONURU VINAYKUMAR on Sandeep Pamarati Vs Ungrateful Knife (IPC 498A Case)

Archives of SoK

  • July 2026 (13)
  • June 2026 (19)
  • May 2026 (24)
  • April 2026 (33)
  • March 2026 (42)
  • February 2026 (30)
  • January 2026 (21)
  • December 2025 (2)
  • November 2025 (3)
  • October 2025 (17)
  • September 2025 (12)
  • August 2025 (5)
  • July 2025 (10)
  • June 2025 (15)
  • 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

  • AMS (Amsterdam) on 2026-07-24 July 24, 2026
    THIS IS A SCHEDULED EVENT Jul 24, 00:30 - 06:00 UTC Jul 14, 10:30 UTC Update - We will be performing scheduled maintenance in AMS (Amsterdam) datacenter on 2026-07-24 between 00:30 and 06:00 UTC.Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window […]
    Cloudflare

RSS List of Spam Server IPs from Project Honeypot

  • 85.158.110.120 | S July 14, 2026
    Event: Bad Event | Total: 5 | First: 2026-07-14 | Last: 2026-07-14
Owned and Operated by Advocate Sandeep Pamarati and Advocate Suprajaa Rajan
Proudly powered by WordPress
Theme: Flint by Star Verte LLC

Bad Behavior has blocked 1070 access attempts in the last 7 days.

pixel