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: Masood Khan Vs. Millie Hazarika

Masood Khan Vs. Millie Hazarika on 04 Mar 2021

Posted on April 3, 2021 by ShadesOfKnife

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. 2 in the opinion of this Court are valid as regard the nature and relief contemplated under the DV Act 2005, particularly those seen in Sections 18 to 22 which are civil in nature and can be sought for before any civil court, family court or a criminal court as provided under Section 26 of the said DV Act. However, the learned counsel has failed to notice that in Section 26 of the DV Act, the aggrieved person apart from a civil court or a family court, can seek the reliefs stated above even from a criminal court and in doing so, the aggrieved person would subject herself to the jurisdiction of a criminal court following the procedure of the Criminal Procedure Code.

34. In fact, Section 28 of the DV Act 2005 specifically provides that all proceedings under Sections 12, 18, 19, 20, 21, 22 and 23 as well as Section 31 shall be governed by the provisions of the Code of Criminal Procedure, though liberty was also given to the court to lay down its own procedure.

35. The applicability of the said provision of Section 28 of the said DV Act in criminal proceedings was emphasized by the Hon’ble Supreme Court in the case of Satish Chander Ahuja (supra) at paragraphs 138 and 139 where it has restated that the procedure to be followed shall be under the Code of Criminal Procedure.

From Paras 38, 39

38. It is also a fact that Section 482 Cr.P.C provides for inherent power on the High Court to make such order as may be necessary to give effect to any order under the Code and as stated above, proceedings under the DV Act being governed by the procedure under the Cr.P.C, therefore the logical conclusion would be that an application under Section 482 is maintainable qua order passed under Sections 12, 18, 19, 20, 21, 22 and 23 of the DV Act.
39. With due respect, the decisions of the Hon’ble Kerala High Court and the Madras High Court cited above and relied upon by the learned Counsel for the Respondent No 2, as far as the procedural aspects under the DV Act is concerned, would not stand the test in the light of the decision of the Hon’ble Supreme Court in the case of Satish Chander Ahuja (supra).

Masood Khan Vs. Millie Hazarika on 04 Mar 2021
Posted in High Court of Meghalaya Judgment or Order or Notification | Tagged 1-Judge Bench Decision Catena of Landmark Judgments Legal Procedure Explained - Interpretation of Statutes Maintainability Masood Khan Vs. Millie Hazarika | Leave a comment

Search within entire Content of “Shades of Knife”

My Legal Twitter Timeline

Tweets by @SandeepPamarati

My MRA Twitter Timeline

Tweets by @Shadesofknife

Recent Posts

  • Anil Kumar Talan Vs on State (Govt of NCT of Delhi) on 12 Jul 2022 August 16, 2022
  • CMD Fertilizer Corporation of India Ltd and Anr Vs Rajesh Chandra Shrivastava and Ors on 07 Apr 2022 August 15, 2022
  • Neera Singh Vs State (Govt of NCT of Delhi) and Ors on 23 Feb 2007 August 11, 2022
  • Neera Singh Vs State (Govt of NCT of Delhi) and Ors on 21 Feb 2007 August 11, 2022
  • Naresh Kumar Yalla Vs State of Telangana on 21 Jul 2022 August 10, 2022

Most Read Posts

  • Jagdish Shrivastava Vs State of Maharashtra on 11 Mar 2022 (2,208 views)
  • Bhagyashri Jagdish Jaiswal Vs Jagdish Sajjanlala Jaiswal and Anr on 26 Feb 2022 (1,890 views)
  • Satender Kumar Antil Vs CBI and Anr on 11 Jul 2022 (1,435 views)
  • Prabha Tyagi Vs Kamlesh Devi on 12 May 2022 (1,140 views)
  • Luckose Zachariah Vs Joseph Joseph on 18 Feb 2022 (1,120 views)
  • Gayatri alias Gadigevva Vs Vijay Hadimani on 03 Dec 2021 (1,080 views)
  • Kamlesh Devi Vs Jaipal and Ors on 04 Oct 2019 (980 views)
  • Ravneet Kaur Vs Prithpal Singh Dhingra on 24 Feb 2022 (968 views)
  • Mukesh Bansal Vs State of UP and Anr on 13 Jun 2022 (753 views)
  • MS Supreme Bhiwandi Wada Manor Infrastructure Pvt Ltd Vs State of Maharashtra on 26 Jul 2021 (681 views)

Tags

Legal Procedure Explained - Interpretation of Statutes (317)Reportable Judgement or Order (305)Landmark Case (300)2-Judge (Division) Bench Decision (232)Work-In-Progress Article (214)Catena of Landmark Judgments (199)1-Judge Bench Decision (121)Sandeep Pamarati (87)3-Judge (Full) Bench Decision (76)Article 21 - Protection of life and personal liberty (73)Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations (51)Perjury Under 340 CrPC (51)Reprimands or Setbacks to YCP Govt of Andhra Pradesh (49)Summary Post (46)Issued or Recommended Guidelines or Directions or Protocols to be followed (43)CrPC 482 - Quash (37)Advocate Antics (34)Rules of the Act/Ordinance/Notification/Circular (33)Not Authentic copy hence to be replaced (33)IPC 498a - Not Made Out (32)

Categories

Supreme Court of India Judgment or Order or Notification (611)Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments (296)High Court of Andhra Pradesh Judgment or Order or Notification (154)High Court of Delhi Judgment or Order or Notification (108)High Court of Bombay Judgment or Order or Notification (88)High Court of Karnataka Judgment or Order or Notification (65)General Study Material (55)High Court of Madras Judgment or Order or Notification (51)Assorted Court Judgments or Orders or Notifications (48)Prakasam DV Cases (46)LLB Study Material (45)Judicial Activism (for Public Benefit) (39)High Court of Punjab & Haryana Judgment or Order or Notification (39)High Court of Allahabad Judgment or Order or Notification (36)District or Sessions or Magistrate Court Judgment or Order or Notification (34)High Court of Kerala Judgment or Order or Notification (27)High Court of Gujarat Judgment or Order or Notification (25)High Court of Madhya Pradesh Judgment or Order or Notification (24)High Court of Calcutta Judgment or Order or Notification (18)High Court of Patna Judgment or Order or Notification (15)

Recent Comments

  • ShadesOfKnife on Sirangai Shoba @ Shoba Munnuri Vs Sirangi Muralidhar Rao on 19 October, 2016
  • muralidhar Rao Sirangi on Sirangai Shoba @ Shoba Munnuri Vs Sirangi Muralidhar Rao on 19 October, 2016
  • ShadesOfKnife on J.Shyam Babu Vs The State Of Telangana on 9 February, 2017
  • anuj on J.Shyam Babu Vs The State Of Telangana on 9 February, 2017
  • ShadesOfKnife on Syed Nazim Husain Vs Additional Principal Judge Family Court & Anr on 9 January, 2003

Archives of SoK

  • August 2022 (7)
  • July 2022 (21)
  • June 2022 (28)
  • 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 (29)
  • 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 (35)
  • November 2019 (4)
  • October 2019 (18)
  • September 2019 (58)
  • August 2019 (33)
  • July 2019 (12)
  • June 2019 (19)
  • 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 (102)
  • 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
  • Vaastav Foundation The Social Reality 0
  • Voice4india Indian Laws, Non-profits, Environment 0
  • Writing Law Writing Law by Ankur 0

RSS Cloudflare Status

  • Cloudflare Workers Wrangler Issues August 20, 2022
    Aug 20, 02:56 UTCResolved - This incident has been resolved.Aug 19, 18:14 UTCIdentified - The issue has been identified and a fix is being implemented.Aug 19, 15:21 UTCInvestigating - Cloudflare customers may experience timeouts when using wrangler dev to debug their Workers. This issue does not affect Workers that are deployed. As a workaround you […]
  • Workers Update Delays and Cloudflare Pages Deployment Delays August 18, 2022
    Aug 18, 07:00 UTCResolved - This incident has been resolved.Aug 18, 06:56 UTCMonitoring - A fix has been implemented and we are monitoring the results.Aug 18, 06:43 UTCIdentified - The issue has been identified and a fix is being implemented.Aug 18, 05:55 UTCInvestigating - Cloudflare is experiencing delays in updating Workers on the edge and […]
  • Magic Transit Tunnel issues. August 17, 2022
    Aug 17, 18:53 UTCResolved - This incident has been resolved.Aug 17, 18:35 UTCMonitoring - A fix has been implemented and we are monitoring the results.Aug 17, 18:15 UTCIdentified - The issue has been identified and a fix is being implemented.Aug 17, 18:09 UTCInvestigating - No tunnel failover for Magic customers and Tunnel health check status […]

RSS List of Spam Server IPs from Project Honeypot

  • 103.18.100.236 | SD August 19, 2022
    Event: Bad Event | Total: 15,399 | First: 2018-07-18 | Last: 2022-08-19
  • 60.20.103.11 | S August 19, 2022
    Event: Bad Event | Total: 2 | First: 2008-03-10 | Last: 2022-08-19
  • 103.40.125.228 | SD August 19, 2022
    Event: Bad Event | Total: 291 | First: 2017-03-06 | Last: 2022-08-19
Proudly powered by WordPress
Theme: Flint by Star Verte LLC

Bad Behavior has blocked 771 access attempts in the last 7 days.

pixel