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Shades of Knife

True Colors of a Vile Wife

Tag: Perjury – Not Initiated Suo Moto

Monica Morton Vs Durgesh Kumar Pal on 01 August, 2019

Posted on August 14, 2019 by ShadesOfKnife

Learn how to let perjury go unchecked at the highest level Court in India.

Monica Morton Vs Durgesh Kumar Pal on 01 August, 2019

Citations: [

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Disclaimer:

Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from main.sci.gov.in/judgments, judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in

I have no control to remove copies of this document(s) that may be available on websites of High Courts or Supreme Court of India or any of the many other sites, law journal or reporters which carry the same judgment in it’s entirety, not I can remove references/links to this document(s) from the results of Search Engines such as Google.com.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Maintenance under both 125 CrPC and PWDVA is Maintainable Monica Morton Vs Durgesh Kumar Pal Perjury - Not Initiated Suo Moto PIL - CrPC 125 Must Go From Statute Book PWDV Act Sec 25 - Maintenance Enhanced

State (GNCT) of Delhi) Vs Babita on 10 April, 2013

Posted on March 24, 2019 by ShadesOfKnife

Another braindead knife tried to rope in relatives that live far away from her matrimonial home at Delhi and rightly shown the door by Learned MM as well as the casual revision filed by State is gutted.

Frivolous litigations which eat into the judicial time have to be curbed and it is necessary for the Courts to impose a heavy costs on the Routine Litigation being filed by the State for wasting public time where other important judicial work can be taken care off. At this stage, the Ld. Public Prosecutor submits that due care would be taken in future by the Department so as to ensure the compliance of the directions of the Hon’ble High Court and hence it is on his persuasions that I am not imposing any cost in the present case.

State (GNCT) of Delhi) Vs Babita on 10 April, 2013
Posted in District or Sessions or Magistrate Court Judgment or Order or Notification | Tagged Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations Perjury - Not Initiated Suo Moto State (GNCT) of Delhi) Vs Babita | Leave a comment

Man Mohan Sharma Vs State of NCT of Delhi on 25 February, 2011

Posted on March 24, 2019 by ShadesOfKnife

Knife came to court with baseless allegations and Dr Kamini Lau of Delhi District Court sent her packing.

it was revealed that at the time of the alleged incident dated 23.10.1998 as mentioned in Para 14 of the complaint, the revisionist Man Mohan Sharma was not in Delhi and was in fact posted at Mumbai being a government servant. This fact is also reflected from his service record certificate issued by the Commandant Director (Personnel) for Director General, Coast Guards, that the revisionist Man Mohan Sharma was posted at Mumbai in the Head Quarter, Coast Guard Region (West) as Deputy Regional Law Officer w.e.f. 31.10.1996 to 31.12.1998 and was thereafter posted at Port Blair in the Head Quarter, Coast Guard Region (A&N) as Deputy Law Officer w.e.f. 1.1.1999 to 15.8.2001. Though, at the time of filing of the chargesheet the said certificate showing the period and place of posting of the revisionist Man Mohan Sharma was not verified but now at this stage while hearing the revision petition, this court directed the investigating officer to confirm and verify the same and inform this court his place of posting in October, 1998. The investigating officer has got this aspect verified and has reported that as per the verification conducted from the Director (Personnel), Coast Guard Head Quarter, it stands confirmed that the accused Man Mohan Sharma was residing separately at Mumbai during the period 31.10.1996 to 31.12.1998 and at Port Blair thereafter till the year 2001. This being so, the incident dated 23.10.1998 as narrated by the complainant in her complaint does not stand confirmed.

In simple english, the above BOLD text is called as LIE.

And this is the last nail in the kunning knife’s coffin…

Lastly, I am compelled to observe that Section 498A IPC in the recent years has become consummate embodiment of gross human rights violation, extortion and corruption and even the Apex Court of our country had acknowledged this abuse and termed it as Legal Terrorism. The provisions of Section 498 A IPC are not a law to take revenge, seek recovery of dowry or to force a divorce but a penal provision to punish the wrong doers. The victims are often misguided into exaggerating the facts by adding those persons as accused who are un-connected with the harassment under a mistaken belief that by doing so they are making a strong case. Courts cannot be a party to any kind of exploitative situation and it is necessary for every complainant to remember that it is only an honest complaint which succeeds in law where contents are supported by facts on the ground and persons, who are not connected with the harassment, should never be arrayed as accused. The platform of the courts cannot be permitted to be used to wreck personal vendetta or unleash harassment and the tendency of the complainants to come out with inflated and exaggerated allegations by roping in each and every relation of the husband is required to be deprecated. The obligation of the court is to ensure that innocent persons are not put to harassment and to curtail the frivolous allegations at the earliest stage by looking for due corroboration from the facts.

(Ref.:- Savitri Devi Vs. Ramesh Chand & Ors., CRL (R) 462/2002 decided on 30.5.2003);

Criminal Appeal No. 339-41/05 dated 2.3.2010, Delhi High Court;

Arjun Ram Vs. State of Jharkhand & Anr., 2004 CLJ 2989;

Mukesh Rani Vs. State of Haryana, 2002 (1) RCR (Criminal) 163 and

Anu Gill Vs. State & Anr., 2001 (2) JCC (Delhi) 86.

One more para,

I may further add that in any matrimonial dispute, it is the primary duty of every court to ensure that for any fault of the husband, his other relatives including married sisters and brothers who may be living jointly or separately and the aged parents are not involved either out of vengeance or to curl out appropriate settlement.

Man Mohan Sharma Vs State of NCT of Delhi on 25 February, 2011
Posted in District or Sessions or Magistrate Court Judgment or Order or Notification | Tagged Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations Man Mohan Sharma Vs State of NCT of Delhi Perjury - Not Initiated Suo Moto Summoning Order Set Aside | Leave a comment

State Vs Prem Kumar (Brother In Law) on 30 April, 2013

Posted on March 24, 2019 by ShadesOfKnife

Dr Kamini Lau, has levied Rs.5,000 to be deducted from the salary of the officer of the Prosecution Department responsible for violating and ignoring the directions issued by the Delhi High Court. The Delhi Government PP had routinely approved to file a revision and got this treatment.

Excellent !!!

State Vs Prem Kumar (Brother In Law) on 30 April, 2013
Posted in District or Sessions or Magistrate Court Judgment or Order or Notification | Tagged Discourage Roping In All Relatives Of In-Laws Or Distant Relatives Fine For Contempt Of Court Perjury - Not Initiated Suo Moto State Vs Prem Kumar (Brother In Law) | Leave a comment

Mohini Jagtap Vs Rohit Jagtap and Ors on 21 August, 2018

Posted on March 23, 2019 by ShadesOfKnife

This Trial court ordered to revoke interim maintenance order due to the fraud played on the court by the fraudster knife. Moreover, ordered that if “any maintenance amount paid by the respondent to the applicant be refunded to the respondent within two months from this order.”

And the largess of the Magistrate,

However, merely because the interim relief at Exh. 14 revoke, this shall not come in the way of the applicant filling a fresh application seeking for any interim relief on new ground.

The final highlight is

No Perjury proceedings are initiated suo moto.

Mohini Jagtap Vs Rohit Jagtap and Ors on 21 August, 2018
Posted in District or Sessions or Magistrate Court Judgment or Order or Notification | Tagged Mohini Jagtap Vs Rohit Jagtap and Ors Perjury - Not Initiated Suo Moto PWDV Act - Refund of Maintenance | Leave a comment

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