Maintainability Archives - Shades of Knife

Kade Kumar Swamy Vs Agam Pandu and 6 Ors on 02 Dec 2020

ShadesOfKnife — Sat, 07 Aug 2021 18:09:01 +0000

A Presiding officer in Telangana went into merits of a petition (which was seeking permanent injunction over a suit scheduled property) and rejected it, even before it was numbered!!! A single judge bench of the Telangana High Court sent the PO to training in Judicial Academy… An earlier instance, just about a month back!!!

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Masood Khan Vs. Millie Hazarika on 04 Mar 2021

ShadesOfKnife — Sat, 03 Apr 2021 16:27:48 +0000

Disagreeing with a catena of judgements here, here, here, here, Single-bench of High Court of Meghalaya relied upon this landmark decision from Supreme Court here and held that a false DV case can be quashed u/s 482 CrPC. From Paras 33, 34 and 33, 33. The argument of the learned counsel for the Respondent No. […]

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V.K.Vijayalekshmi Amma Vs Bindu V on 2 Dec 2009

ShadesOfKnife — Sat, 03 Apr 2021 15:31:14 +0000

This case was decided by a single-judge bench and key points are highlighted below. This case law was cited here. Citations : [2010 AIR KER NOC 415], [2010 ILR KER 1 60], [2010 CRLJ NOC 549], [2010 RCR CIVIL 6 1046], [2010 KERLT 1 79], [2009 SCC ONLINE KER 6448], [2010 AIC 87 […]

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Latha.P.C and Ors Vs State of Kerala and Ors on 15 Sep 2020

ShadesOfKnife — Sat, 03 Apr 2021 14:26:13 +0000

A single-judge bench of Kerala High Court, while denying to invoke 482 CrPC to quash a DV case based on the landmark judgment here, held as follows. But Supreme Court had taken a different view in the landmark judgment here just a month later. From Para 8, 8. The Act is a welfare legislation enacted […]

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P.Surendran Vs State of Tamil Nadu on 29 March 2019

ShadesOfKnife — Mon, 31 Aug 2020 12:19:57 +0000

Supreme Court very clearly said a staff on Administration on Justice, such as Registry Staff can not exercise Judicial functions. From Paras 9 and 10, 9. The nature of judicial function is well settled under our legal system. Judicial function is the duty to act judicially, which invests with that character. The distinguishing factor which […]

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Prakash Nagardas Dubal-Shaha Vs Meena Prakash Dubal Shah and Ors on 22 April 2016

ShadesOfKnife — Fri, 15 May 2020 18:03:40 +0000

Supreme Court held that undecided divorce case does not affect the maintainability of a DV case. Citations: [] Other Source links: The index page is here.

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Juveria Abdul Majid Patni Vs Atif Iqbal Mansoori on 18 September, 2014

ShadesOfKnife — Mon, 24 Dec 2018 20:04:30 +0000

In this Supreme Court judgment, it was held that From Para 31, “An act of domestic violence once committed, subsequent decree of divorce will not absolve the liability of the Respondent from the offence committed or to deny the benefit to which the aggrieved person is entitled under the Domestic Violence Act, 2005 including monetary […]

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V.Ravi Kumar Vs State of Tamilnadu on 14 December, 2018

ShadesOfKnife — Sat, 15 Dec 2018 13:40:57 +0000

The key contention resolved in this judgment from Hon’ble Apex Court is that “whether the High Court should have quashed the criminal proceedings being Crime No.54 of 2005 on the grounds that the appellant had withdrawn an earlier complaint without assigning reasons; the transactions being commercial in nature, the ingredients of an offence under the […]

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Giduthuri Kesari Kumar And Others Vs State of Telangana on 16 February 2015

ShadesOfKnife — Sun, 14 Oct 2018 20:53:36 +0000

A landmark quash judgment by Hon’ble High Court of Andhra Pradesh, which laid down few criteria only under which DVC quash under CrPC 482 is maintainable. From Para 13, The next aspect is having regard to the fact that the reliefs provided under Section 18 to 22 are civil reliefs and enquiry under Sec. 12 […]

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Lalita Kumari Vs Govt. of U.P. and Ors on 12 November, 2013

ShadesOfKnife — Thu, 31 May 2018 20:39:50 +0000

In this landmark case, Supreme Court clarified the position on whether a police officer is bound to register a First Information Report (FIR) upon receiving any information relating to commission of a cognizable offence under Section 154 of the Code of Criminal Procedure, 1973 (in short ‘the Code’) or the police officer has the power […]

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