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True Colors of a Vile Wife

Tag: Non-Reportable Judgement or Order

Shivendra Pratap Singh Thakur Vs State of Chhattisgarh and Ors on 15 May 2024

Posted on May 13 by ShadesOfKnife

A Full Bench of Apex Court held that, FIR which was lodged after 39 days of the incident, does not indicate the date or time so this is a fit case warranting exercise of powers conferred upon this Court under Article 142 of the Constitution of India so as to quash the proceedings of the criminal case.

From Para 14,

14. A bare perusal of the impugned FIR would reveal that the same was lodged by complainant-Barkat Ali on 29th June, 2019 with the allegation that the offences alleged were committed by the appellant and co-accused some time prior to 20th May, 2019. Thus, the complainant was not even sure of the date on which the alleged offences were committed. No reason whatsoever has been given in the FIR for huge delay of more than 39 days in approaching the police. The Investigating Officer prepared a site plan during the course of investigation which has been made a part of the record. A perusal of the said site plan would reveal that so far as the plot of Purnima Begum, wife of Barkat Ali is concerned, it is fully encumbered by a boundary wall and no damage is shown to this structure. The site plan indicates that there is some damage to the under-construction house of Sushma Kashyap. In the FIR, the damage suffered by the complainant was quantified at Rs. 6 lakhs whereas the damage suffered by Smt. Sushma Kashyap was quantified as Rs. 4 lakhs owing to the demolition of her under construction house. However, admittedly, Smt. Sushma did not lodge any complaint to the police.

From Paras 16 and 17,

16. Neither Sushma Kashyap nor her husband-Rajkumar Kashyap lodged any complaint regarding the so-called criminal activity committed by the appellant and the co-accused on their land. The site plan further indicates that the plot of the co-accused Saurabh Pratap Singh Thakur is immediately adjoining the plots of complainant-Barkat Ali and Sushma Kashyap. It is thus, apparent that there is an imminent possibility of animus between the complainant and the accused persons on this count. The FIR which was lodged after 39 days of the incident, does not indicate the date or time, when the accused trespassed into the house of the complainant and caused damage to his property and committed the other offences for which the FIR came to be registered. Therefore, we are of the view that the impugned FIR seems to be nothing but a tool to wreak vengeance against the appellant herein.
17. In this background, we feel that it is a fit case warranting exercise of powers conferred upon this Court under Article 142 of the Constitution of India so as to quash the proceedings of the criminal case.

Shivendra Pratap Singh Thakur Vs State of Chhattisgarh and Ors on 15 May 2024

Citations:

Other Sources:

 


Index of Quash judgments is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 3-Judge (Full) Bench Decision Article 142 - Enforcement of decrees and orders of Supreme Court and orders as to discovery etc CrPC 482 – Criminal Proceeding Quashed Delay or Unexplained Delay In Filing Complaint Non-Reportable Judgement or Order Shivendra Pratap Singh Thakur Vs State of Chhattisgarh and Ors | Leave a comment

Sanjay Kumar Shaw Vs Anjali Kumari Shaw on 07 Apr 2025

Posted on April 18 by ShadesOfKnife

A division bench of Patna High Court held as follows,

From Para 13,

13. It appears from the petition that application for divorce has been filed by the appellant under Section 13 (1) (ia) & (ib) of the Act i.e. on the ground of cruelty and desertion. However, the main ground taken for divorce is that respondent-wife is suffering from mental disease or disorder
(schizophrenia) and permanent disability in her leg and due to her abnormal behavior the appellant-husband do not like to continue the matrimonial life with respondent. The learned Trial Court in para 12 of the impugned Judgment considered this aspect and held that appellant has failed to prove that respondent is suffering from the schizophrenia disease and her leg disability. From perusal of the record the question which this court has to decide is whether the respondent is suffering from schizophrenia or other mental disorder of such a kind and to such an extent that the appellant cannot reasonably be expected to live with respondent-wife or not?

From Para 14,

14. Taking note of the evidence adduced by the appellant, it is clear that he has not proved the mental disease or disorder of the respondent-wife, as the doctor who is treating the respondent-wife has not been examined. The grounds claimed by the appellant-husband are that the respondent-wife is of unsound mind, aggressive and has deserted the appellant have not been proved from the material available on the record.

From Paras 20 and 21,

20. In view of the above pronouncement, it appears that the ground of a spouse suffering from schizophrenia, by itself is not sufficient for grant of divorce under Section 13 (1) (iii) of the Act as it may involve various degree of mental illness. The law provides that a spouse in order to prove a ground of divorce on the ground of mental illness, ought to prove that the spouse is suffering from a serious case of schizophrenia which must also be supported by medical reports and proved by cogent evidence before the Court that disease is of such a kind and degree that husband cannot reasonably be expected to live with wife.
21. Section 13(1)(iii) of the Act does not make mere existence of a mental disorder of any degree sufficient in law to justify dissolution of marriage. The contents in which the ideas of unsoundness of mind and mental disorder occur in section as ground for dissolution of a marriage, require assessment of degree of mental disorder and its degree must be such that spouse seeking relief cannot reasonable be expected to live with the other. All mental abnormalities are not recognized as grounds for grant of decree. The burden of proof of existence of requisite degree of mental disorder is on the spouse who bases his or her claim on such a medical condition.

Sanjay Kumar Shaw Vs Anjali Kumari Shaw on 07 Apr 2025

Citations:

Other Sources:

https://indiankanoon.org/doc/146315829/

https://www.casemine.com/judgement/in/67f4c506bdfd43233228ae45

https://www.livelaw.in/high-court/patna-high-court/patna-high-court-wife-mental-disorder-divorce-schizophrenia-hindu-marriage-act-289016

https://www.indialaw.in/blog/civil/divorce-hc-schizophrenia-isnt-enough/

https://lawtrend.in/schizophrenia-allegation-alone-not-ground-for-divorce-without-proof-of-severity-affecting-marital-life-patna-high-court/

https://www.verdictum.in/court-updates/high-courts/patna-high-court/a-v-b-miscellaneous-appeal-no1152-of-2018-spouse-relief-mental-disorder-divorce-1573858

Mental Disorder Must Be Proven to Be of Severe Degree to Justify Divorce Under Hindu Marriage Act, Rules Patna High Court


Index of Divorce Judgments is here.


Analysis by Adv Talari Rajeswari

Posted in High Court of Patna Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Catena of Landmark Judgments Referred/Cited to Divorce Denied to Husband HM Act 13 - Divorce Non-Reportable Judgement or Order Sanjay Kumar Shaw Vs Anjali Kumari Shaw | Leave a comment

Sunita Kachwaha and Ors Vs Anil Kuchwaha on 28 Oct 2014

Posted on April 5 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 - Interim Maintenance Granted CrPC 125 or BNSS 144 - Order for Maintenance of Wives Children and Parents Landmark Case Legal Procedure Explained - Interpretation of Statutes Non-Reportable Judgement or Order Sunita Kachwaha and Ors Vs Anil Kuchwaha | Leave a comment

Vishal Shah Vs Monalisha Gupta and Ors on 20 Feb 2025

Posted on February 22 by ShadesOfKnife

A division bench of Apex Court passed this judgment whereby the marriage of parties is severed and Rs.25 Lakhs alimony was ordered to be paid to wife. Also since DV cases are quasi-criminal in nature, thus, there cannot be any justification to require the personal presence of the appellant in these proceedings.

From Para 18,

18. In the afore-mentioned complaint case, an application10 was filed by the respondent under Section 26 of the DV Act against the appellant, her mother-in-law, and their five other relatives. A notice was issued to the appellant vide order dated 21st July 2022. Subsequently, on 11th August 2022, the learned JMFC passed an interim order in favour of the respondent, prohibiting her eviction from the matrimonial home and directing the personal appearance of the appellant (respondent therein) and other respondents on the next hearing date. However, when the matter was listed again, the Court noticed that the appellant had not returned to India, and the concerned authorities were directed to initiate the extradition process against him.
We may observe that as the proceedings under the DV Act are quasi-criminal in nature, thus, there cannot be any justification to require the personal presence of the appellant in these proceedings. Thus, the learned Magistrate grossly erred while directing the appellant to remain personally present in the Court.

From Para 20,

20. It is apparent that the appellant’s inability to travel to India and appear in Miscellaneous Case No. 440 of 2022, filed by the respondent under Section 26 of the DV Act, stemmed from the impoundment of his passport, a circumstance beyond his control. Consequently, the order of the learned JMFC directing the initiation of extradition proceedings against the appellant as a consequence of his non-appearance, despite being aware of the fact of impounding of the passport of the appellant, is untenable and unsustainable in the eyes of the law. Otherwise also, as noted above, there is no requirement for the personal presence of any party in the proceedings under the DV Act, because they are quasi-criminal in nature and do not entail any penal consequences except when there is a breach of a protection order, which is the only offence provided under Section 31 of the DV Act.

From Para 26,

26. On the issue as to grant of divorce on the ground of irretrievable breakdown of marriage in the exercise of jurisdiction under Article 142(1) of the Constitution of India, this Court, in a very recent judgment of Rinku Baheti v Sandesh Sharda13, held that the factual analysis has to be undertaken in each case to determine as to what constitutes an ‘irretrievable breakdown’ while keeping in mind the non-exhaustive factors laid down in Shilpa Sailesh (supra).

From Para 31,

31. The filing of the aforesaid cases by the respondent-wife reflects her vindictive attitude towards the appellant and his family members and unambiguously reflects the bitterness that has seeped into the marital relationship. The tumultuous state of the marital relationship between the parties is quite evident, irrespective of the fate of the criminal complaints and the imputations made by the parties against each other. The passport of the appellant was also impounded by the concerned authorities, pursuant to the pending cases filed by the respondent.

From Paras 35-37,

35. Whatever may be the justification for the spouses living separately, with so much time having passed by any marital love or affection that may have developedbetween the parties seems to have evanesced. This is a classic case of irretrievable breakdown of marriage. The admitted long-standing separation, nature of differences, prolonged and multiple litigations pending adjudication, and the unwillingness of the parties to reconcile are evidence enough to establish beyond all manner of doubt that the marriage between the parties has broken down irretrievably and that there is no scope whatsoever for marriage to survive. Thus, no useful purpose, emotional or practical, would be served by continuing the soured relationship. On the basis ofthe above factual matrix, the present appears to be a case of irretrievable breakdown of marriage.
36. Apart from the irreconcilable status of the relationship between the parties, in the present case, another factor that has weighed with this Court in favour of the exercise of the power under Article 142(1)of the Constitution of India is that there is no child born from the wedlock and therefore, any direction to allowthe parties to part ways would only affect the parties themselves and not any innocent child.
37. Thus, this is a fit case warranting the exercise of the discretion conferred under Article 142(1) of the Constitution of India to dissolve the marriage between the parties on the grounds of irretrievable breakdown of marriage.

From Paras 42-43,

42. Before we conclude our discussion, we must note that the act of impounding the passport of the appellant by the concerned authorities of the Government of India was ex-facie illegal in the eyes of the law. In the present case, the appellant’s passport was impounded on the mere premise that the respondent has filed numerous cases before the various courts in India.
43. The law regarding the impounding of a passport of an individual has been settled by this Court in the case of Maneka Gandhi v. Union of India and Anr.16, wherein it was held that the rules of natural justice must be followed before impounding a passport under Section 10(3) of the Passports Act, 1967.

From Paras 45-46,

45. Further, this Court, in Rajesh Sharma v. State of U.P.17, while dealing with the question of arrest and fair investigation in a case alleging the offence of cruelty under Section 498A IPC, was of the view that in respect of persons ordinarily residing out of India impounding of passports or issuance of ‘Red Corner Notice’ should not be a routine.
46. Applying the afore-mentioned legal principles to the present case, we find that the act of impounding the appellant’s passport under Section 10 of the Passport Act, 1967, was carried out without granting the appellant an opportunity to be heard. This clear violation of the principles of natural justice renders the act of impounding the passport ex-facie illegal. Consequently, we hold that the concerned authorities should release the appellant’s passport within a period of one week from today.

Vishal Shah Vs Monalisha Gupta and Ors on 20 Feb 2025

Citations: [2025 INSC 254], [2025 LiveLaw (SC) 240]

Other Sources:

https://indiankanoon.org/doc/97306350/

https://www.caseciter.com/vishal-shah-vs-monalisha-gupta-2025-insc-254-domestic-violence-act-passport-impounding-irretrievable-breakdown-of-marriage-permanent-alimony/


Index of Domestic Violence Judgments is here. Divorce Judgments are here. Passport judgements are here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Article 142 - Enforcement of decrees and orders of Supreme Court and orders as to discovery etc Catena of Landmark Judgments Referred/Cited to Irretrievable Breakdown of Marriage Landmark Case Maneka Gandhi Vs Union Of India Non-Reportable Judgement or Order PWDV Act Sec 13 - No Need of Appearance of Parties PWDV Act Sec 13 - Service of notice Return The Passport To Accused Vishal Shah Vs Monalisha Gupta and Ors | Leave a comment

Yashodeep Bisanrao Vadode Vs State of Maharashtra and Anr on 21 Oct 2024

Posted on October 26, 2024 by ShadesOfKnife

A division bench of Apex Court held that it is a matter of common knowledge that exaggerated versions of the incident are reflected in a large number of complaints and the tendency of over implication is also reflected in a large number of cases.

From Paras 11-13,

11. In the contextual situation, it is only appropriate to keep reminded of the observations of this Court in the decision in Preeti Gupta v. State of Jharkhand1. This Court observed that it is a matter of common knowledge that exaggerated versions of the incident are reflected in a large number of complaints and the tendency of over implication is also reflected in a large number of cases.
12. We are of the view that in view of such circumstances, the courts have to be careful to identify instances of over implication and to avert the suffering of ignominy and inexpiable consequences, by such persons.
13. The upshot of the discussion is that the finding of guilt against the appellant by the courts below for the offence under Section 498-A, IPC, with the aid of Section 34, IPC, is absolutely perverse in view of the absolute absence of any evidence against him to connect him with the said offence in any manner.

Yashodeep Bisanrao Vadode Vs State of Maharashtra and Anr on 21 Oct 2024
Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Legal Terrorism Misuse of IPC 498A Misuse of Women-Centric Laws Non-Reportable Judgement or Order Yashodeep Bisanrao Vadode Vs State of Maharashtra and Anr | Leave a comment

Vishal Noble Singh Vs State of Uttar Pradesh on 24 Jan 2024

Posted on June 29, 2024 by ShadesOfKnife

A division bench of Apex Court held as follows

From Para 14,

14. The contents of the FIR as well as the chargesheet would have to be read in light of the ingredients mentioned in the aforesaid Sections and in light of the facts and circumstances of these cases. The FIR as well as the charge-sheet have invoked Sections 406, 419, 420, 467, 468, 471 and Section 120B of the IPC. The aforesaid Sections are reproduced above. We fail to understand as to how the allegations against the appellants herein could be brought within the scope and ambit of the aforesaid sections.

From Para 17,

17. On a reading of the FIR as well as the charge-sheet, we do not find that the offences aforestated is made out at all. We do not find any criminal breach of trust nor any cheating by impersonation. There is also no cheating and dishonestly inducing delivery of property, nor has any documents referred to any forgery or security or any forgery for the purpose of cheating. There is no reference to any document which has been forged so as to be used as a genuine document and much less is as there any criminal conspiracy which can be imputed to the appellants herein in the absence of any offence being made out vis-a-vis the aforesaid Sections.

From Para 19,

19. On a careful consideration of the aforementioned judicial dicta, we find that none of the offences alleged against the Accused-Appellants herein is made out. In fact, we find that the allegations of criminal intent and other allegations against the Accused-Appellants herein have been made with a malafide intent and therefore, the judgment of this Court in the case of Bhajan Lal and particularly sub-paragraphs 1, 3, 5 and 7 of paragraph 102, extracted above, squarely apply to the facts of these cases. It is neither expedient nor in the interest of justice to permit the present prosecution to continue.

From Paras 21-23,

21. We find that in recent years the machinery of criminal justice is being misused by certain persons for their vested interests and for achieving their oblique motives and agenda. Courts have therefore to be vigilant against such tendencies and ensure that acts of omission and commission having an adverse impact on the fabric of our society must be nipped in the bud.
22. We say so for the reason that while the second respondent-complainant has made grave allegations against the appellants herein and on whose behalf a charge-sheet has also been filed against such allegations has failed to appear before this Court to justify the same. Such acts would not only cause deep fissures and mistrust between people and also unnecessarily burden the law courts and the criminal justice system.
23. We are constrained to make the aforesaid observations particularly having regard to the fact that the second Respondent complainant having made the allegations against the appellants and others has failed to appear before this Court to justify the same. The non-appearance of the second respondent before this Court is indicative of his prejudicial attitude and temperament and his inability to justify any of the allegations against the appellants herein and therefore his absence in this proceeding.

Vishal Noble Singh Vs State of Uttar Pradesh on 24 Jan 2024
Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision CrPC 256 - Non Appearance Or Death Of Complainant Non-Reportable Judgement or Order Vishal Noble Singh Vs State of Uttar Pradesh | Leave a comment

Mahalakshmi and Ors Vs State of Karnataka on 30 Nov 2023

Posted on December 13, 2023 by ShadesOfKnife

A division bench of the Apex Court passed this Order, whereby the allegations in the complaint are held to be vague and therefore case against the petitioners was Quashed.

Super Specific Allegations:

We have perused the complaint, as well as the charge sheet. In the complaint, the informant/respondent no. 2 – Rekha Bhaskaran had alleged that in February 2016, appellant no.1 – Mahalakshmi commented on her physical appearance and on 20.09.2016, Mahalakshmi had thrown the personal belongings of Rekha Bhaskaran in the dustbin. In the charge sheet, however, the only allegation that was found to be substantiated was the second allegation, that is, the appellant no. 1 – Mahalakshmi had thrown some of the personal belongings of the informant/respondent no. 2 – Rekha Bhaskaran on the ground, as they were not kept at the proper place. Further, appellant no. 1 – Mahalakshmi had cursed the informant/respondent no. 2 – Rekha Bhaskaran in foul words.

Visits to India:

It is the contention of appellant no. 1 – Mahalakshmi that the assertions made in the complaint are false and incorrect. However, it is accepted that she was living and working in Canada. Further,sometime in March 2016, she visited India to attend her friend’s wedding in Mysore and stayed there for nearly twenty days. Again,in September 2016, she had remained in India for almost 12 days when her father, accused no.2 – Surendra Prasad, was operated and hospitalized under critical care for two to three weeks.

Reasoning and Decision:

Having considered the charge sheet filed, we are of the view that the assertions made therein are very vague and general. One instance unless portentous, in the absence of any material evidence of interference and involvement in the marital life of the complainant, may not be sufficient to implicate the person as having committed cruelty under section 498A of the IPC. Given that the appellants were not residing at the marital home, and appellant no.1 was not even living in India, the absence of specific details that constitute cruelty, we would accept the present appeal.
Accordingly, we quash the criminal proceedings against the appellants. However, we clarify that if any material comes on record during the recording of evidence, it will be open to the trial court to take recourse to Section 319 of the Code and proceed following the law.

Mahalakshmi and Ors Vs State of Karnataka on 30 Nov 2023

Citations:

Other Sources:

https://www.indianemployees.com/judgments/details/mahalakshmi-versus-the-state-of-karnataka

https://www.latestlaws.com/latest-news/498a-ipc-sc-one-instance-unless-portentous-not-sufficient-to-implicate-a-person-for-cruelty-read-order-209416

Supreme Court: Quashes Section 498A Case Against Husband’s Sisters & Cousins

https://lawtrend.in/supreme-court-quashes-498a-case-against-husbands-relative-says-one-trivial-instance-not-sufficient-for-cruelty/

https://www.lawyersclubindia.com/judiciary/court-dismisses-498a-case-against-husband-s-relative-ruling-that-one-minor-incident-is-insufficient-to-establish-cruelty-supreme-court-in-mahalakshmi-ors-v-the-state-of-karnataka-anr–7056.asp

 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations Catena of Landmark Judgments Referred/Cited to Mahalakshmi and Ors Vs State of Karnataka Non-Reportable Judgement or Order | Leave a comment

Yogeeta Chandra Vs State of Uttar Pradesh and Anr on 20 Feb 2023

Posted on February 28, 2023 by ShadesOfKnife

A division bench of Apex Court held that,

From Para 4,

4. In the application form, the applicant, who applied for the post of a judicial officer did not disclose the aforesaid particulars and on the contrary said “No”. That thereafter, on the ground of suppression of facts and not disclosing the true and correct facts in the application form, the services of the appellant as a judicial officer were put to an end by the Full Court of the High Court, which came to be confirmed on the judicial side, which has given rise to the present appeals.

From Para 6,

6. In the application form, the applicant, who, as such, applied for the post of a judicial officer was required to disclose certain facts, more particularly, the facts stated in Clause 18 of the Application Form and non-disclosure of true facts and not only that but saying “No” can certainly be said to be suppression of material facts. It was immaterial whether there was a closure report or acquittal or conviction. At this stage, it is required to be noted that the particulars which were asked, whether “did you ever figure as an accused or a complainant in any criminal case? If so, give particulars with result.” Therefore, the factum of figuring the name either as an accused or a complainant in any criminal case was required to be disclosed with full particulars and with result. Therefore, the appellant cannot take the plea and/or defence that as a Closure Report was filed in the complaint in which she was the accused, the same was not required to be disclosed. On the basis of the nature of the allegations in the complaint either as an accused or a complainant, it is ultimately for the employer to take a conscious decision whether to appoint such a person or not. What could be considered while actually appointing a person depends upon the facts and circumstances of each case and it is ultimately for the employer to take a conscious decision. The post which was applied by the appellant was a very important post of judicial officer and therefore, it was expected of a person who applied for the judicial officer to disclose the true and correct facts and give full particulars as asked in the application form. If in the application form itself, she has not stated the true and correct facts and suppressed the material facts, what further things can be expected from her after she was appointed as a judicial officer.

Yogeeta Chandra Vs State of Uttar Pradesh and Anr on 20 Feb 2023

Citations :

Other Sources :

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Judiciary Antics Legal Procedure Explained - Interpretation of Statutes Non-Reportable Judgement or Order | Leave a comment

Ms New Era Fabrics Ltd Vs Bhanumati Keshrichand Jhaveri and Ors on 03 Mar 2020

Posted on June 26, 2022 by ShadesOfKnife

Supreme Court , based on Madras HC Advocates Association decision here, initiated Perjury proceedings.

5.3 We do not wish to comment in detail upon the intention behind making the aforesaid interpolations. At this juncture, all that is required to be assessed is whether a prima facie case is made out that there is a reasonable likelihood that the offence specified in Section 340 read with Section 195(1)(b) of the CrPC has been committed, and it is expedient in the interest of justice to take action. From the above discussion, it is evident that the handwritten modification made by the Petitioner in Column 12 of the balance sheet dated 19.09.2008 is a significant alteration from the terms as used in the original document. Hence we find that a prima facie case is made out that the Petitioner has fabricated evidence for the purpose of the SLP proceedings before this Court.
We further find that prima facie case is also made out against Mr. R.K. Agarwal, for having sworn in his affidavit before this Court as to the veracity of the facts stated and documents filed in SLP (Civil) No. 3309/2018, even though he had relied upon the original auditor’s report, which did not contain any handwritten interpolation, in his evidence before the Trial Court.

Ms New Era Fabrics Ltd Vs Bhanumati Keshrichand Jhaveri and Ors on 03 Mar 2020
Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Ms New Era Fabrics Ltd Vs Bhanumati Keshrichand Jhaveri and Ors Non-Reportable Judgement or Order Perjury Under 340 CrPC | Leave a comment

Kannan Vs Selvamuthukani on 30 Jan 2012

Posted on April 13, 2022 by ShadesOfKnife

A division bench of Apex Court held that, it has to be clearly established that the family members of Accused-husband knew that his divorce with his first wife was set aside before participating in the second marriage.

9. The prosecution has clearly established that A1 was married to the complainant on 16.6.1980. It is also a fact that A1 obtained a decree of divorce on 20.2.1991 which was set aside on 10.2.1992 in the appeal carried by the complainant against the said decree of divorce. Evidence of the complainant establishes beyond doubt that A1 married A4 on 8.3.1992. The question is whether the fact that the decree of divorce was set aside and the marriage between A1 and the complainant was revived was known to A3, A4 and A5. Merely because A3 is the sister of A1, it cannot be presumed that she knew that the decree of divorce was set aside. If A1 wanted to marry A4, it is possible that he would keep back these facts from his sister as also from A4 and A5 i.e. his second wife and her father respectively.

10. In our opinion, the evidence of PW-1, PW-2 and PW-3 does not conclusively establish that the fact that the decree of divorce was set aside on 10.2.1992 was known to A3, A4 and A5 and, therefore, benefit of doubt must be given to A3, A4 and A5. In the circumstances, in our opinion, the impugned judgment and order dated 24.9.2008 so far as it convicts and sentences A3, A4 and A5 needs to be set aside.

Kannan Vs Selvamuthukani on 30 Jan 2012

Citations : [2012 SCC CRI 3 234], [2012 SUPREME 1 714], [2012 AIR SC 1278], [2012 ANJ SC 1 204], [2012 CRIMES SC 1 225], [2012 RCR CRIMINAL SC 4 331], [2012 JT 1 554], [2012 DMC SC 1 327], [2012 AIOL 2007], [2012 AIR SC 1217], [2012 SLT 1 626], [2012 RCR CIVIL SC 4 356], [2012 SCC 5 570], [2012 BOMCR CRI SC 2 428], [2012 SCC ONLINE SC 92], [2012 AIC 111 270], [2012 UC 1 506], [2012 NCC 1 686], [2012 ALD CRI 2 155], [2012 CALLT SC 3 21], [2012 SCALE 2 9], [2012 AIR SCW 1278], [2012 CRI LJ 1576]

Other Sources :

https://indiankanoon.org/doc/180112594/

https://www.casemine.com/judgement/in/5609af1de4b0149711415a65

https://www.the-laws.com/Encyclopedia/Browse/Case?CaseId=002102170000&Title=KANNAN-Vs.-SELVAMUTHUKANI

https://www.legalauthority.in/judgement/kannan-vs-selvamuthukani-7495

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision IPC 494 - Marrying again during life-time of husband or wife Kannan Vs Selvamuthukani Non-Reportable Judgement or Order Reportable Judgement or Order | Leave a comment

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Yesterday, his body was recovered alongside the bodies of SSGT Shay Levinson, and Ofra Keidar in Gaza.

Where is the world’s outrage?

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yashtdp_ Yash @yashtdp_ ·
23 Jun

నరసరావుపేటలో యువత పోరు అంటూ నాటకాలు వేస్తున్న పేటీఎం కుక్కల్ని చితకబాదిన ఏపీ పోలీసులు..👏💪
#Yuvathaporu #Narasaraopet

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osint613 Open Source Intel @osint613 ·
14h

Trump: “Iran has officially responded to our obliteration of their nuclear facilities with a very weak response, which we expected, and have very effectively countered. There have been 14 missiles fired — 13 were knocked down, and 1 was ‘set free’ because it was headed in a…

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spectatorindex The Spectator Index @spectatorindex ·
14h

BREAKING: Trump thanks Iran for giving 'early notice' of its 'very weak response'

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