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True Colors of a Vile Wife

Tag: Non-Reportable Judgement or Order

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

Harpreet Kaur and Anr Vs State of Punjab and Ors on 01 Nov 2021

Posted on April 4, 2022 by ShadesOfKnife

A short judgment from a single judge says as follows (Picking exact same works from here):

Prayer in this petition, filed under Article 226 of the Constitution of India, is for issuance of directions to respondents No.1 to 3 to protect the life and liberty of the petitioners at the hands of private respondents as the petitioners are in live-in-relationship against the wishes of the private respondents.
Perusal of file shows that petitioner No.1 Harpreet Kaur aged about 23 years is legally wedded wife of respondent No.4 Gurjant Singh, and without seeking divorce from her spouse she is living a lustful and adulterous life with petitioner No.2. Once petitioner No.1 is a married woman being wife of respondent No.4-Gurjant Singh, the act of petitioners particularly petitioner No.2 may constitute an offence under Sections 494/495 IPC. Such a relationship does not fall within the phrase “live-in-relationship” or “relationship” in the nature of marriage.
Petitioners have no legal right for protection on the facts of the present case inasmuch as the protection as being asked may amount to protection against commission of offence under Section 494/495 IPC. This petition has been filed just to obtain a seal of this Court on their so called live-in-relationship. On the face of it, the representation (Annexure P-3) appears to be a fake document as no receipt or diary number of the office of Senior Superintendent of Police, Barnala is given or attached.
In view of the above, the present petition is dismissed.

Harpreet Kaur and Anr Vs State of Punjab and Ors on 01 Nov 2021
Posted in High Court of Punjab & Haryana Judgment or Order or Notification | Tagged 1-Judge Bench Decision Harpreet Kaur and Anr Vs State of Punjab and Ors HM Act 11 - Void marriages HM Act 17 - Punishment of Bigamy HM Act 5 - Conditions for a Hindu Marriage IPC 494 - Marrying again during life-time of husband or wife IPC 495 - Same offence with concealment of former marriage from person with whom subsequent marriage is contracted Misinterpretation of Earlier Judgment or Settle Principle of Law Non-Reportable Judgement or Order | Leave a comment

Jovita Olga Ignesia Mascarenhase Coutinho Vs Rajan Maria Coutinho and Anr on 24 Aug 2010

Posted on April 1, 2022 by ShadesOfKnife

A Bench at Goa of Bombay High Court, held that, Issues may be framed after Hearing Both Parties in a DVC.

From Para 13,

13. In civil proceedings after perusing the claim and the reply or written statement, issues are framed. Issues are framed when a material proposition of fact or law is affirmed by one party and denied by the other. The object of framing issues plays a distinguished role in a civil proceeding and the whole object is to direct the attention of the parties to the principal questions on which they are at variance and they are required to be framed for the purpose of having the material points in controversy rightly decided, and to bring a finality in the litigation. Unless proper issues are framed, a party who suffers a Judgment on the basis of findings not based on proper issues may have a legitimate grievance to contend that because of such non framing of issues he has been denied the opportunity of leading proper evidence for rebutting relevant facts. Issues can be of fact or of law and the duty is that of the Court to frame the issues. An issue can also be framed on the basis of the reliefs. Although in cases of this nature where there are no pleadings as such and the applications are filed in the prescribed form by ticking the reliefs sought, it would be desirable that the Court after hearing both the parties frames issues on the basis of the reliefs sought by the Petitioner so that each can meet the case of the other and avoid such orders of remand. If this procedure is followed there is no question of any of the reliefs going unnoticed and undecided, like the case at hand. This can also reduce the controversy between the parties, in case the columns in the application, were ticked earlier without much application of mind. 

Jovita Olga Ignesia Mascarenhase Coutinho Vs Rajan Maria Coutinho and Anr on 24 Aug 2010

Citations :

Other Sources :

https://www.casemine.com/judgement/in/5b683c3b4a932645d86ec147

Posted in High Court of Bombay Judgment or Order or Notification | Tagged 1-Judge Bench Decision Jovita Olga Ignesia Mascarenhase Coutinho Vs Rajan Maria Coutinho and Anr Legal Procedure Explained - Interpretation of Statutes Non-Reportable Judgement or Order PWDV Act - Framing of Issues after Hearing Both Parties PWDV Act Sec 12 - Domestic Violence Application to Magistrate | Leave a comment

Rabindra Nath Pal Vs Ratikanta Paul and Ors on 6 Mar 2020

Posted on March 10, 2022 by ShadesOfKnife

Relying on Apex Court’s Surinder Mohan Vikal decision, Calcutta High Court held as follows:

In the instant case, the cause of action arose from the date when First Information Report was registered and not from the date on which the complainant was acquitted from the charge.

Rabindra Nath Pal Vs Ratikanta Paul and Ors on 6 Mar 2020

Citations :

Other Sources :

https://indiankanoon.org/doc/50050401/

https://www.casemine.com/judgement/in/5faa5a1c4653d02a0b1309ab

Posted in High Court of Calcutta Judgment or Order or Notification | Tagged 1-Judge Bench Decision CrPC 468 - Bar to taking cognizance after lapse of the period of limitation IPC 499 - Defamation IPC 500 - Punishment For Defamation Non-Reportable Judgement or Order Rabindra Nath Pal Vs Ratikanta Paul and Ors Surinder Mohan Vikal Vs Ascharaj Lal Chopra | Leave a comment

Nakkeeran alias Jeroan Pandy Vs State and Anr on 07 Dec 2021

Posted on February 3, 2022 by ShadesOfKnife

 

 

Nakkeeran alias Jeroan Pandy Vs State and Anr on 07 Dec 2021

Citations :

Other Sources :

Posted in High Court of Madras Judgment or Order or Notification | Tagged Convicted Under IPC 498A IPC 498A - Cruelty Proved due Extramarital Affair Nakkeeran alias Jeroan Pandy Vs State and Anr Non-Reportable Judgement or Order | Leave a comment

Deepak Sharma Vs State of Haryana on 12 Jan 2022

Posted on January 15, 2022 by ShadesOfKnife

Another false case victim was stopped from traveling abroad for his employment, but Supreme Court cut the tail of the false complainant and allowed his to travel to US of A.

The allegations in the complaint against the Appellant prima facie do not disclose, against the Appellant, any offence under Section 498A of the IPC, which contemplates cruelty, that is willful conduct of such a nature, as is likely to drive the woman to commit suicide or to cause grave injury or danger to the life, limb or health (whether physical or mental) of the woman.
It is interesting to note that in the complaint, the complainant has given the address of her husband in U.S.A. in addition to his permanent address at Faridabad. The complainant has, for reasons known to herself, not made any reference in her complaint to the fact that the Appellant is a resident of Texas, where he is working. The complaint gives the impression that the Appellant is a resident of Faridabad.
From the complaint itself, it is patently clear that the Appellant does not reside in the same premises as his brother, being the husband of the complainant. The averments in the pleadings in the Courts below read with the complaint show that they do not even live in the same place. The Appellant works in Texas, U.S.A., whereas his brother lives and works in North Carolina.
The complainant has not given any particulars of the jewellery that had allegedly been taken by her mother-in-law and brother-in-law. There is not a whisper of whether any jewellery is lying with the Appellant. It is not even alleged that the Appellant forcibly took away or misappropriated the complainant’s jewellery or refused to return the same in spite of request. Taking custody of jewellery for safety cannot constitute cruelty within the meaning of Section 498A of the IPC.
There is not even any allegation against the Appellant of any demand or threat or torture for dowry or property. Failure to control an adult brother, living independently, or giving advice to the complainant to adjust to avoid vindictive retaliation from the Accused No. 1 cannot constitute cruelty on the part of the Appellant within the meaning of Section 498A of the IPC.
There are no specific allegations against the Appellant of misrepresentation or concealment. There is not a whisper of the Appellant’s role in the marriage negotiations that took place in India. As observed above, the Appellant who is the elder brother-in-law of the complainant, resides in U.S.A. There is only a general omnibus allegation that all the accused ruined the life of the complainant by misrepresentation, concealment, etc. On the face of the averments in the complaint, the complainant’s husband made certain misrepresentations to her. The Appellant is not liable for the acts of cruelty, or any other wrongful and/or criminal acts on the part of his parents or brother.
There is nothing specific against the Appellant except the vague allegation that the Appellant and his mother, that is the complainant’s mother-in-law kept her jewellery. The only other allegation is that the Appellant had not done anything, when the complainant had spoken to the Appellant about his brother’s conduct and behaviour, he had told the complainant to remain quiet as Nitin could be a very bad enemy. In any event a deed of compromise has now been executed between the complainant and her husband being the Accused No. 1. A copy of the compromise settlement has been enclosed. The Appellant is not party to the settlement.
Having regard to the nature of the allegations, it is not understood how and why the Appellant should have been detained in India. In our considered opinion, the Chief Judicial Magistrate, Kurukshetra, erred in directing this Appellant not to leave the country without prior permission of the Court.

The apprehension that the husband of the complainant (Accused No.1) who had been working in the U.S.A. might leave the country cannot be ground to deny the Appellant’s prayer to go back to the U.S.A. to resume his duties in a Company in which he has been working for about 9/10 years. The High Court has also not considered the allegations against the Appellant. There is not even any prima facie finding with regard to liability, if any, of the Appellant to the complainant. There are no specific allegations against the Appellant.

Final nail in the coffin…

The instant application was strongly opposed by the State. This Court finds no merit in the contentions of the State. Ex facie, the allegations in the FIR do not disclose any offence under the provisions of the IPC referred to in the FIR. Ms. Monika Gusain stated that charge-sheet has been filed. She has not been able to point out what is the offence so far as this Appellant being the brother of Nitin Sharma, living in the USA is concerned. The repetitive allegations in the complaint are directed against the husband of the complainant, Nitin Sharma (Accused No.1) and his parents, particularly, his mother being the Accused No.2.

Deepak Sharma Vs State of Haryana on 12 Jan 2022

Other Sources:

https://www.livelaw.in/top-stories/personal-liberty-supreme-court-allows-brother-in-law-accused-in-section-498a-ipc-case-to-travel-abroad-189551

https://www.barandbench.com/news/litigation/giving-advice-avoid-vindictive-retaliation-husband-not-cruelty-498a-ipc-supreme-court

https://lawtrend.in/498-a-ipc-advising-woman-to-adjust-with-husband-taking-jewellery-for-safe-custody-is-not-cruelty-rules-sc/

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Deepak Sharma Vs State of Haryana Misuse of IPC 498A Misuse of Women-Centric Laws Non-Reportable Judgement or Order Right to Travel | Leave a comment

Dinesh Mahajan Vs Vishal Mahajan on 26 Oct 2021

Posted on November 10, 2021 by ShadesOfKnife

In this short order, the single-judge bench of Justice JK Maheswari held as follows:

In Ground ‘D’ of the Transfer Petition, an apprehension of threat of life merely on receiving notice on the above-mentioned complaint, has been shown. No complaint has been lodged by the petitioner to the authorities concerned or before any Court. Mere apprehension of threat of life is not a sufficient ground to transfer a case, without lodging a complaint or substantiating the said ground.

Dinesh Mahajan Vs Vishal Mahajan on 26 Oct 2021
Posted in Supreme Court of India Judgment or Order or Notification | Tagged 1-Judge Bench Decision Dinesh Mahajan Vs Vishal Mahajan Mere Apprehension of threat of life is not a sufficient ground to transfer a Criminal Case Non-Reportable Judgement or Order Transfer of Criminal Case Across States Including Transfer To Or From Jammu and Kashmir State of India Transfer Petition Rejected | Leave a comment

M. Subramaniam Vs S. Janaki on 20 Mar 2020

Posted on January 31, 2021 by ShadesOfKnife

3-Judge bench of Apex Court held that mere pendency of civil proceeding (divorce, maintenance, dvc etc) is not a good ground and justification to not register and investigate an FIR if a criminal offence has been committed.

 

M. Subramaniam Vs S. Janaki on 20 Mar 2020

Citations : [2020 SCC ONLINE SC 341], [2020 (2) Crimes 261 (SC)], [2020 (5) CTC 464]

Other Sources :

https://indiankanoon.org/doc/37685877/

https://www.casemine.com/judgement/in/5e78e5bf3321bc362da2b770

https://www.indianemployees.com/judgments/details/m-subramaniam-and-another-versus-s-janaki-and-another

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 3-Judge (Full) Bench Decision Catena of Landmark Judgments Referred/Cited to Landmark Case M. Subramaniam Vs S. Janaki Non-Reportable Judgement or Order Pending Civil Cases not Justification for not registering FIR Sakiri Vasu Vs State of U.P. and Ors | Leave a comment

Satish Ragde Vs State of Maharashtra on 19 Jan 2021

Posted on January 27, 2021 by ShadesOfKnife

 

Satish Ragde Vs State of Maharashtra on 19 Jan 2021

The Supreme Court Proceedings are here.

Posted in High Court of Bombay Judgment or Order or Notification | Tagged 1-Judge Bench Decision Non-Reportable Judgement or Order POCSO Act Sec 7 - Sexual Assault Satish Ragde Vs State of Maharashtra Work-In-Progress Article | Leave a comment

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