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Tag: Overruled Judgment

A. Subash Babu Vs State of A.P. and Anr on 26 Feb 2010

Posted on March 16, 2021 by ShadesOfKnife

AP High Court only quashed 498A IPC but not 494 IPC.

A. Subash Babu Vs State of A.P. and Anr on 26 Feb 2010

Citation : [2010 ALT CRI 2 56], [2010 CRI LJ 2523], [2010 SCC ONLINE AP 148], [2010 ALD CRI 1 562]

Other Sources :

https://www.casemine.com/judgement/in/56b48d37607dba348fff1e09

https://www.legitquest.com/case/a-subash-babu-v-state-of-ap-rep-by-public-prosecutor-another/13654


This judgment was set aside by Supreme Court here.

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged 1-Judge Bench Decision A.Subash Babu Vs State of A.P. and Anr CrPC 482 – IPC 498A Quashed Overruled Judgment | Leave a comment

Vipin Jaiswal Vs State of A.P. on 13 March 2013

Posted on July 17, 2020 by ShadesOfKnife

This is overruled by Rajinder Singh here.

Vipin Jaiswal Vs State of A.P. on 13 March 2013

Citations: [2013 AIR SC 1567], [2013 ALT CRI 2 457], [2013 SCC ONLINE SC 225], [2013 OLR 2 130], [2013 JT 4 188], [2013 AIR SC 1746], [2013 AIOL 160], [2013 GLR 3 2510], [2013 CRILJ 2095], [2013 AKR 2 339], [2013 RCR CRIMINAL 2 342], [2013 CLT 116 563], [2013 ALD CRI 1 967], [2013 SCALE 3 525], [2013 SUPREME 2 485], [2013 AIC 125 194], [2013 CUTLT 116 563], [2013 PLJR 3 91], [2013 SCC 3 684], [2013 JCC 2 1330], [2013 DMC 1 700], [2013 SLT 2 767], [2013 BLJ 3 531], [2013 SCC CRI 2 15], [2013 SCR 3 449], [2013 ALLCC 82 61], [2013 AD SC 4 275], [2013 CRIMES SC 3 229], [2013 GUJLR 3 2510], [2013 CRLJ SC 2095]

Other Source links:

https://indiankanoon.org/doc/167568223/

https://www.casemine.com/judgement/in/5609af30e4b0149711415c1b


All Dowry related case laws are in this Index here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision DP Act 4 - Dowry Demand Not Proved DP Act 4 – Money Demand Not In Connection Of Marriage Legal Procedure Explained - Interpretation of Statutes Overruled Judgment Reportable Judgement or Order Vipin Jaiswal Vs State of A.P. | Leave a comment

Shafhi Mohammad vs The State Of Himachal Pradesh

Posted on August 23, 2019 by ShadesOfKnife

This is the landmark judgment regarding Sec 65B of Indian Evidence Act and it’s procedure and usage.

Shafhi Mohammad vs The State Of Himachal Pradesh on 30 January, 2018 6212_2017

A follow up hearing…

Shafhi Mohammad vs The State Of Himachal Pradesh on 03 April, 2018 6212_2017

This judgment is referred to a larger bench and was overruled here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Overruled Judgment Referred to Large Bench Shafhi Mohammad vs The State Of Himachal Pradesh

S.R. Batra and Anr Vs Taruna Batra on 15 December, 2006

Posted on April 4, 2019 by ShadesOfKnife

Landmark judgment from Apex Court setting record straight regarding the Shared Household. This is overruled in SC Ahuja case law here.

S.R. Batra and Anr Vs Taruna Batra on 15 December, 2006

Indiankanoon.org Link: https://indiankanoon.org/doc/594165/

Citations: (2007) 3 SCC 169, 2007(2)ALD66(SC); 2007(1)AWC664(SC); 2007(3)CTC219; 136(2007)DLT1(SC); I(2007)DMC1SC; (2007)146PLR425; RLW2007(2)SC1546; 2006(13)SCALE652; 2007(1)LC0007(SC); 2007AIRSCW1088; AIR2007SC1118; (2007)2SCC(Cri)56; 2007(2)CivilLJ215(SC); 2007LawHerald(SC)92


The index page is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Landmark Case Legal Procedure Explained - Interpretation of Statutes No Shared Household Overruled Judgment PWDV Act - Dismissed On Merits S.R. Batra and Anr Vs Taruna Batra Satish Chander Ahuja Vs Sneha Ahuja | Leave a comment

Additional District Magistrate, Jabalpur Vs S. S. Shukla Etc. Etc on 28 April, 1976

Posted on December 6, 2018 by ShadesOfKnife

This judgment is considered a stain on the history of the court, which had delivered a judgment that has trummelled on the rights of citizens.

Case background:

The President of India, during the Emergency, made such a proclamation and many people were detained under various laws. Some of them moved high courts seeking a writ of habeas corpus. The Government said, since the right to move courts for the enforcement of Article 21 is suspended, the petitions were not maintainable.

Real Story:

https://en.wikipedia.org/wiki/Hans_Raj_Khanna#The_Habeas_Corpus_Case

https://www.bloombergquint.com/opinion/vr-krishna-iyer-the-super-judge#gs.89TGyeW0

Hon’ble Court rules:

The 4 out of 5 judges on the bench held that “The width and amplitude of the power of detention under section 3 of the Act is to be adjudged in the context of the emergency proclaimed by the President. The Court cannot compel the detaining authority to give the particulars of the grounds on which he had reasonable cause to believe that it was necessary to exercise this control. An investigation into facts or allegations of facts based on malafides is not permissible because such a course will involve advertence to the grounds of detention and materials constituting those grounds which is not competent in the context of the emergency”

Justice Hans Raj Khanna is the sole dissenting voice on the bench and after referring to earlier A.K.Gopalan case he held that “The argument that suspending the right of a person to move any court for the enforcement of right to life and personal liberty is done under a constitutional provision and, therefore, it cannot be said that the resulting situation would mean the absence of the Rule of law cannot stand close scrutiny for it tries to equate illusion of the Rule of Law with the reality of Rule of Law.“

And “The suspension of the right to move a court for the enforcement of the right contained in Art. 21 cannot have the effect of debarring an aggrieved person from approaching the courts with the complaint regarding deprivation of life or personal liberty by an authority on the score that no power has been vested in the authority to deprive a person of life or liberty. The pre-supposition of the existence of substantive power to deprive a person of his life or personal liberty in Art. 21 even though that article only mentions the procedure, would not necessarily point to the conclusion that in the event of the suspension of the right to move any court for the enforcement of Art. 21, the suspension would also dispense with the necessity of the existence of the substantive power The co-existence of substantive power and procedure established by law for depriving R person of his life and liberty which is implicit in Art. 21 would not lead to the result that even if there is suspension of the right regarding procedure, suspension would also operate upon the necessity of substantive power. What is true of a proposition need not be true of the converse of that proposition. The suspension of the right to make. any court for the enforcement of the right contained in Art. 21 may have the effect of dispensing with the necessity of prescribing procedure for the exercise.. Of substantive power to deprive a person of his life or personal liberty, it can in no case have the effect of permitting an authority to deprive a person of his life or personal liberty without the existence of substantive power. The close bond which is there between the existence of substantive power of depriving a Person of his life or personal liberty and the procedure for the exercise of that power, if the right contained in Art. 21 were in operation, would not necessarily hold good if that right were suspended because the removal of compulsion about the prescription of procedure for the exercise of the substantive power would not do away with the compulsion regarding the existence of that power.”

Final Words

There is no sufficient ground to interfere with the view taken by all the nine High Courts which went into the matter that the Presidential order dated June 27, 1975, did not affect the maintainability of the habeas corpus petitions to question the legality of the detention orders.

The principles which should be followed by the courts in dealing with petitions for writs of habeas corpus to challenge the legality of detention are well-established.

Unanimity obtained without sacrifice of conviction commends the decision to public confidence. Unanimity which is merely formal and which is recorded at the expense of strong conflicting views is not desirable in a court of last resort.

A dissent in a court of last resort is an appeal to the brooding spirit of the law, to the intelligence of a future day when a later decision may possibly correct the error into which the dissenting Judge believes the court have been betrayed.

Observation: Judges are not there simply to decide cases, but to decide them as they think they should be decided, and while it may be regrettable that they cannot always agree, it is better that their independence should be maintained and recognise than that unanimity should be secured through its sacrifice.

Additional District Magistrate, Jabalpur Vs S. S. Shukla Etc. Etc on 28 April, 1976

Citation: AIR 1976 SC 1207,  1976 SCR 172, 1976 SCC (2) 521

Indiankanoon link: https://indiankanoon.org/doc/1735815/


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Posted in Judicial Activism (for Public Benefit) | Tagged Additional District Magistrate Jabalpur Vs S.S.Shukla Article 21 - Protection of life and personal liberty Catena of Landmark Judgments Referred/Cited to Detention under Preventive Detention Act Landmark Case Legal Procedure Explained - Interpretation of Statutes Narrow Interpretation of Article 21 Overruled Judgment Right to Move Courts For Remedies Right to Personal Liberty Writ of Habeas Corpus | Leave a comment

Krishna Veni Nagam Vs Harish Nagam on 9 March, 2017

Posted on July 13, 2018 by ShadesOfKnife

In just judgment, Hon’ble Apex Court held that

in matrimonial or custody matters or in proceedings between parties to a marriage or arising out of disputes between parties to a marriage, wherever the defendants/respondents are located outside the jurisdiction of the court, the court where proceedings are instituted, may examine whether it is in the interest of justice to incorporate any safeguards for ensuring that summoning of defendant/respondent does not result in denial of justice. Order incorporating such safeguards may be sent along with the summons.
The safeguards can be:-
i) Availability of video conferencing facility.
ii) Availability of legal aid service.
iii) Deposit of cost for travel, lodging and boarding in terms of Order XXV CPC.
iv) E-mail address/phone number,

Krishna Veni Nagam Vs. Harish Nagam on 9 March, 2017

Citations : [2017 SCC 4 150], [2017 SCC ONLINE SC 236], [2017 AIR SC 1345], [2017 CTC 2 457], [2017 CDR SC 2 202], [2017 AJR 2 462], [2017 ALR 122 905], [2017 ALT 5 4], [2017 ALD 3 151], [2017 BOMCR 3 62], [2017 CLT 123 1054], [2017 DMCSC 2 173], [2017 GLT 2 29], [2017 JKJ SC 2 35], [2017 KHC 2 380], [2017 KLJ 2 549], [2017 KLT 2 593], [2017 LW 3 721], [2017 MPLJ 3 344], [2017 MHLJ 4 764], [2017 OLR 1 1033], [2017 RCR CIVIL 2 358], [2017 SCALE 3 471], [2017 SCJ 6 392], [2017 WBLR SC 3 622], [2017 WLN SC 2 26], [2017 SCC CIV 2 394]

Other Sources:

https://indiankanoon.org/doc/43287493/

https://www.casemine.com/judgement/in/58ca392a2713e10674449271


This judgment is overruled in Santhini Vs Vijaya Venketesh here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Issued or Recommended Guidelines or Directions or Protocols to be followed Krishna Veni Nagam Vs. Harish Nagam Overruled Judgment Reportable Judgement or Order Transfer Petition Use Technology For Justice | Leave a comment

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