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Tag: Reportable Judgement or Order

Vysakh K.G. Vs Union of India and Anr on 22 Dec 2022

Posted on January 6, 2023 by ShadesOfKnife

A division bench of Kerala High Court held that, if parties to certain cases insist that their personal details be erased from the Court systems, the Registry will oblige and not publish the same on it’s website.

From Para 64,

64. In summation, we hold as follows:
i. We declare that a claim for the protection of personal information based on the right to privacy cannot co-exist in an Open Court justice system.
ii. We hold that right to be forgotten cannot be claimed in current proceedings or in a proceedings of recent origin. It is for the Legislature to fix grounds for the invocation of such a right. However, the Court, having regard to the facts and circumstances of the case and duration involved related to a crime or any other litigation, may permit a party to invoke the above rights to de-index and to remove the personal information of the party from search engines. The Court, in appropriate cases, is also entitled to invoke principles related to the right to erasure to allow a party to erase and delete personal data that is available online.
iii. We declare and hold that in family and matrimonial cases, arising from the Family Court jurisdiction or otherwise and also in other cases where the law does not recognise the Open Court system, the Registry of the Court shall not publish personal information of the parties or shall not allow any form of publication containing the identity of the parties on the website or on any other information system maintained by the Court if the parties to such litigation so insist.
iv. We hold that the Registry of the High Court is bound to publish privacy notices on its website in both English and Vernacular languages.

Vysakh K.G. Vs Union of India and Anr on 22 Dec 2022
Posted in High Court of Kerala Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Article 21 - Protection of life and personal liberty Referred to Large Bench Reportable Judgement or Order Right to be Forgotten Right to Privacy Vysakh K.G. Vs Union of India and Anr | Leave a comment

Sandeep Kumar Tekriwal Vs State of Bihar and Anr on 09 Sep 2008

Posted on December 28, 2022 by ShadesOfKnife

A single judge of Patna High Court held as follows,

From Para 15,

15. Section 317, Cr. P.C provides for inquiries and trial being held in the absence of accused in certain cases. However, if the Magistrate finds that personal appearance of the accused is necessary, he would direct that accused would no longer be represented on the next date by a pleader under Section 317, Cr. P.C but would appear in person. If the accused in spite of such order does not appear in person, it would be open for the learned Magistrate to issue warrant of arrest and proceed in accordance with the procedure prescribed in Chapter-VI of the Cr. P.C and may also cancel bail and bail bond and proceed in accordance with Chapter XXXIII of the Cr. P.C It does not appear from the order of the preceding dates i.e 31-1-2008, 26-3-2008 that personal attendance of petitioner would no longer be dispensed with, and he is required to attend in person. The Magistrate in view of Section 317(1) Cr. P.C ought to have given an opportunity to an accused to appear in person who was being allowed to be represented through a pleader. The order of preceding dates in the case on the contrary shows that Magistrate in fact accepted the representation under Section 317, Cr. P.C The magistrate has to follow the procedure prescribed therein, if it does not dispenses with his personal attendance. A Magistrate while rejecting a representation under Section 317 Cr. P.C cannot at the same time cancel bail bond and issue non-bailable warrant of arrest, if on preceding dates has not clearly directed that personal attendance under Section 317, Cr. P.C will no longer be dispensed with. The Court ought to provide a reasonable opportunity to the accused to appear in person whose representation was earlier being allowed under Section 317, Cr. P.C In this case, it appears that trial lingered as a co-accused Prem Prakash was absconding. Learned counsel for the petitioner has also submitted that there have been no latches on his part.

Sandeep Kumar Tekriwal Vs State of Bihar and Anr on 09 Sep 2008

Citations : [2009 AIR JHAR R 2 203], [2009 PLJR 2 260], [2008 SCC ONLINE PAT 254], [2009 (2) PLJR 263], [2009 CRI LJ 523]

Other Sources :

https://www.casemine.com/judgement/in/56b49331607dba348f00518d

Posted in High Court of Patna Judgment or Order or Notification | Tagged 1-Judge Bench Decision Catena of Landmark Judgments Referred/Cited to CrPC 317 - Provision for inquiries and trial being held in the absence of accused in certain cases Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order Sandeep Kumar Tekriwal Vs State of Bihar and Anr | Leave a comment

Sanjay Kumar Vs State of Bihar and Anr on 28 Jan 2014

Posted on December 24, 2022 by ShadesOfKnife

A Full bench of Apex Court held as follows,

From Para 4,

4. Earlier, this Court had issued notice to the petitioner himself to show cause that in case it was a fake institution, what was the reason or rationale for the petitioner to join the same and to continue to serve there for one year. In reply to the said show cause notice, the petitioner submitted that such pleadings be ignored and may not be taken into account for the purpose of disposal of the instant petition. We do not see any reason to allow a party to make a pleading in the petition and then make a submission to the court to ignore it as such an issue has no bearing on the merits of the case being totally irrelevant. Pleadings have to be true to the knowledge of the parties and in case a person takes such misleading pleadings, he can be refused not only any kind of indulgence by the court but can also be tried for perjury. In case, the pleading taken by the petitioner is true, he cannot ask for ignoring the same. In case, it is false and as such statement had been made on oath, he is liable to be tried for perjury. More so, whether such a pleading is relevant or not is a matter to be decided by the court and under Section 165 of the Indian Evidence Act, 1872, court has a right to ask the party even relevant or irrelevant questions and the parties or their counsel cannot raise any objection to any such question.

From Para 5,

Be that as it may, this Court had insisted at the time of first round of hearing of this case that AOR, Shri Manu Shanker Mishra should remain present in the Court at the time of arguments and also passed over the matter for his appearance. In the second round, it was informed to us that the AOR refused to come to the court. We take a very serious note of the conduct of this AOR, particularly, in view of the judgment of this Court In Re: Rameshwar Prasad Goyal, (2014) 1 SCC 572, wherein this Court has categorically held that in case the AOR does not appear in the court, his conduct may tantamount to criminal contempt of the court. In fact, a very few AsOR have spoiled the working system of the institution of AsOR who simply lend their signatures for petty amount. The AOR involved herein is living in a fool’s paradise if he thinks that he can play hide and seek with any court of law.

In such a chaotic situation, any “Arzi”, “Farzi”, half- baked lawyer under the label of “proxy counsel”, a phrase not traceable under the Advocates Act, 1961 or under the Supreme Court Rules, 1966 etc., cannot be allowed to abuse and misuse the process of the court under a false impression that he has a right to waste public time without any authority to appear in the court, either from the litigant or from the AOR, as in the instant case. The AOR, with impunity was disdainful towards the order of this Court directing him to appear in the court. He had also not filed any appearance for the counsel who had appeared, nor the said counsel disclosed his name. The Court takes serious note of the conduct of the AOR, Shri Manu Shanker Mishra and warns him to behave in an appropriate manner befitting the conduct of an advocate and an AOR otherwise this Court will not hesitate to take action against him. His conduct will be under close watch of this Court.

Sanjay Kumar Vs State of Bihar and Anr on 28 Jan 2014

Citations : [2014 ALLCC 84 1002], [2014 ALT CRL AP 2 242], [2014 CCR SC 2 37], [2014 COMPLJ SC 3 197], [2014 RCR CIVIL 2 285], [2014 SCALE 1 751], [2014 SCC 9 230], [2014 SCJ 4 412], [2014 SCR 1 848], [2014 UC 1 516], [2014 SCC CRI 5 21], [2014 SCC ONLINE SC 67], [2014 AIOL 52], [2014 SCV 1 397], [2014 SLT 3 298], [2014 RAJ 2 401], [2014 AICLR 1 991], [2014 ALLINDCAS 135 270], [2014 RCR CRIMINAL SC 2 711]

Other Sources :

https://indiankanoon.org/doc/199130163/

https://www.casemine.com/judgement/in/5609af4ce4b0149711416146

https://www.legalauthority.in/judgement/sanjay-kumar-vs-state-of-bihar-anr-5665

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 3-Judge (Full) Bench Decision Advocate Antics Evidence Act 165 - Judge’s Power to Put Questions or Order Production Landmark Case Perjury - Approached Court with Unclean Hands Reportable Judgement or Order Sanjay Kumar Vs State of Bihar and Anr | Leave a comment

State of Maharashtra Vs Dr. Praful B. Desai on 01 Apr 2003

Posted on December 16, 2022 by ShadesOfKnife

A division bench of the Apex Court held as follows:

From Paras 11 and 12,

11. This argument found favour with the High Court. The High Court has relied on judgments of various High Courts which have held that Section 273 is mandatory and that evidence must be recorded in the presence of the accused. To this extant no fault can be found with the Judgment of the High Court. The High Court has then considered what Courts in foreign countries, including Courts in USA, have done. The High Court then based its decision on the meaning of the term “presence” in various dictionaries and held that the term “presence” in Section 273 means actual physical presence in Court. We are unable to agree with this. We have to consider whether evidence can be led by way of video-conferencing on the provisions of the Criminal Procedure Code and the Indian Evidence Act. Therefore, what view has been taken by Courts in other countries is irrelevant. However, it may only be mentioned that the Supreme Court of USA, in the case of Maryland vs. Santra Aun Craig [497 US 836], has held that recording of evidence by video-conferencing was not a violation of the Sixth Amendment (Confrontation Clause).

12. Considering the question on the basis of Criminal Procedure Code, we are of the view that the High Court has failed to read Section 273 properly. One does not have to consider dictionary meanings when a plain reading of the provision brings out what was intended.

From Para 19 (Important),

Recording of evidence by video conferencing also satisfies the object of providing, in Section 273, that evidence be recorded in the presence of the Accused. The Accused and his pleader can see the witness as clearly as if the witness was actually sitting before them. In fact the Accused may be able to see the witness better than he may have been able to if he was sitting in the dock in a crowded Court room. They can observe his or her demeanour. In fact the facility to play back would enable better observation of demeanour. They can hear and rehear the deposition of the witness. The Accused would be able to instruct his pleader immediately and thus cross- examination of the witness is as effective, if not better. The facility of play back would give an added advantage whilst cross-examining the witness. The witness can be confronted with documents or other material or statement in the same manner as if he/she was in Court. All these objects would be fully met when evidence is recorded by video conferencing. Thus no prejudice, of whatsoever nature, is caused to the Accused. Of course, as set out hereinafter, evidence by video conferencing has to be on some conditions.

State of Maharashtra Vs Dr. Praful B. Desai on 01 Apr 2003

Citations : [2003 SCALE 3 554], [2003 SCC 4 601], [2003 SCR 3 244], [2003 AIR SC 2053], [2003 AIR SC 1885], [2003 CRIMES SC 2 237], [2003 CRLJ SC 2033], [2003 SCC CRI 815], [2003 MHLJ SC 2 868], [2003 MPLJ SC 2 434], [2003 SUPREME 3 19], [2003 BOMCR CRI SC 1495], [2003 ALT CRI 2 118], [2003 RD 95 158], [2003 CTC 2 787], [2004 UD 2 60], [2003 UC 2 1011], [2003 ACR SC 2 1269], [2003 ALD CRI 1 848], [2003 ALR 51 436], [2003 CGLJ 2 86], [2003 UJ 2 769], [2003 RLW SC 2 268], [2003 GLH 2 447], [2003 RCR CRIMINAL 2 770], [2003 AIR SCW 1885], [2003 JT SC 3 382]

Other Sources:

https://indiankanoon.org/doc/560467/

https://www.casemine.com/judgement/in/5609ade4e4b0149711412786

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Catena of Landmark Judgments Referred/Cited to CrPC 273 - Evidence to be taken in presence of accused Landmark Case Reportable Judgement or Order State of Maharashtra Vs Dr. Praful B. Desai Video Conferencing | Leave a comment

XYZ Vs State of Madhya Pradesh and Ors on 05 Aug 2022

Posted on December 2, 2022 by ShadesOfKnife

A division bench of Apex Court as follows, wrt a Magistrate directing Police to register a FIR u/s 156(3) CrPC.

From Paras 12 and 13,

12. By the above order, the JMFC came to the conclusion that, prima facie, “occurrence of the offence by the accused persons” was “shown”. Nonetheless, the JMFC held that the case could be decided without collecting evidence from the police and it did not appear just and proper to act on the case filed on behalf of the appellant under Section 156(3) CrPC. The JMFC proceeded to treat the complaint as a complaint case by granting liberty to the appellant to be present for the recording of her statements under Sections 200 and 202 CrPC.
13. The order of the JMFC was questioned by the appellant under Section 482 CrPC. By an order dated 6 January 2022, a Single Judge of the High  Court dismissed the application. The High Court held that the JMFC was not under an obligation to direct the police to register the FIR and the use of the expression “may” in Section 156(3) CrPC indicated that the JMFC had the discretion to direct the complainant to examine witnesses under Sections 200 and 202 CrPC, instead of directing an investigation under Section 156(3). The High Court also held that if the JMFC decided to proceed by examining witnesses under Sections 200 and 202 of CrPC, she would still have the option of seeking an investigation by the police, at that stage, by directing an inquiry under Section 202.

From Para 16,

16. We cannot help but note that the police’s inaction in this case is most unfortunate. It is every police officer’s bounden duty to carry out his or her functions in a public-spirited manner. The police must be cognizant of the fact that they are usually the first point of contact for a victim of a crime or a complainant. They must abide by the law and enable the smooth registration of an FIR. Needless to say, they must treat all members of the public in a fair and impartial manner. This is all the more essential in cases of sexual harassment or violence, where victims (who are usually women) face great societal stigma when they attempt to file a complaint. It is no secret that women’s families often do not approve of initiating criminal proceedings in cases of sexual harassment. Various quarters of society attempt to persuade the survivor not to register a complaint or initiate other formal proceedings, and they often succeed. Finally, visiting the police station and interacting with police officers can be an intimidating experience for many. This discomfort is often compounded if the reason for visiting the police station is to complain of a sexual offence.

From Para 18,

18. Whether or not the offence complained of is made out is to be determined at the stage of investigation and / or trial. If, after conducting the investigation, the police find that no offence is made out, they may file a B Report under Section 173 CrPC. However, it is not open to them to decline to register an FIR. The law in this regard is clear – police officers cannot exercise any discretion when they receive a complaint which discloses the commission of a cognizable offence.

From Para 21 (bare reading of complaint)

21. It is clear from the above extract that the Magistrate has wide powers under Section 156(3) which ought to be exercised towards meeting the ends of justice. A two-judge Bench of this Court in Srinivas Gundluri v. SEPCO Electric Power Construction Corpn.,7 further clarified the powers of a Magistrate and held that whenever a cognizable offence is made out on the bare reading of complaint, the Magistrate may direct police to investigate.

From Paras 23 and 24,

23. It is true that the use of the word “may” implies that the Magistrate has discretion in directing the police to investigate or proceeding with the case as a complaint case. But this discretion cannot be exercised arbitrarily and must be guided by judicial reasoning. An important fact to take note of, which ought to have been, but has not been considered by either the Trial Court or the High Court, is that the appellant had sought the production of DVRs containing the audio-video recording of the CCTV footage of the then Vice-Chancellor’s (i.e., the second respondent) chamber. As a matter of fact, the Institute itself had addressed communications to the second respondent directing the production of the recordings, noting that these recordings had been handed over on his oral direction by the then Registrar of the Institute as he was the Vice-Chancellor. Due to the lack of response despite multiple attempts, the Institute had even filed a complaint with PS Gole Ka Mandir on 29 October 2021 for registering an FIR against the second respondent for theft of the DVRs.
24. Therefore, in such cases, where not only does the Magistrate find the commission of a cognizable offence alleged on a prima facie reading of the complaint but also such facts are brought to the Magistrate’s notice which clearly indicate the need for police investigation, the discretion granted in Section 156(3) can only be read as it being the Magistrate’s duty to order the police to investigate. In cases such as the present, wherein, there is alleged to be documentary or other evidence in the physical possession of the accused or other individuals which the police would be best placed to investigate and retrieve using its powers under the CrPC, the matter ought to be sent to the police for investigation.

XYZ Vs State of Madhya Pradesh and Ors on 05 Aug 2022
Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Catena of Landmark Judgments Referred/Cited to CrPC 156(3) - Any Magistrate Empowered u/s 190 May Order Such an Investigation as above-mentioned CrPC 156(3) - Application to be supported by an Affidavit CrPC 156(3) - Magistrate cannot examine the Complainant or Witness on Oath before taking Cognizance Lalita Kumari Vs Govt.Of U.P. and Ors Reportable Judgement or Order Sakiri Vasu Vs State of U.P. and Ors XYZ Vs State of Madhya Pradesh and Ors | Leave a comment

R.Annapurna Vs Ramadugu Anantha Krishna Sastry and Ors on 09 Aug 2000

Posted on October 21, 2022 by ShadesOfKnife

A division bench of Apex Court passed guidelines while disposing the appearance of the petitioners u/s 205 CrPC.

7. Consequentially, we quash the order of the High Court dated 3.10.1996. However, we hasten to add that this order of ours is passed without prejudice to the right of the respondents to move the trial court for discharge. We are disposed to afford some more reliefs to the respondents. We notice that among the respondent some of them are ladies. So, if any of the respondents would apply before the trial court for exempting them from personal appearance the trial court shall exempt them from personal appearance on the following conditions:

1. He or she would not dispute his or her identity as the particular accused mentioned in the charge sheet.
2. A counsel on their behalf would be present in the court whenever the case is taken up.
3. They would be present in the court on the date when such presence becomes imperatively needed.

R.Annapurna Vs Ramadugu Anantha Krishna Sastry and Ors on 09 Aug 2000 (IK Ver)

R.Annapurna Vs Ramadugu Anantha Krishna Sastry and Ors on 09 Aug 2000 (CM Ver)

R.Annapurna Vs Ramadugu Anantha Krishna Sastry and Ors on 09 Aug 2000 (LD Ver)

R Annapurna Vs Ramadugu Anantha Krishna Sastry on 09 Aug 2000 (CK Ver)

Citations: [2000 ACR SC 3 2522], [2000 JT SC 10 479], [2002 SCC 10 401], [2001 AIR SC 0 2308], [2001 AIR SCW 2308]

Other Sources:

https://indiankanoon.org/doc/1021734/

https://www.casemine.com/judgement/in/5609ad69e4b014971141155c

https://legaldata.in/court/read/803964

https://www.courtkutchehry.com/Judgement/Search/t/301443-r-annapurna-vs-ramadugu-anantha


Index here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision CrPC 205 – Magistrate may dispense with personal attendance of accused Issued or Recommended Guidelines or Directions or Protocols to be followed Landmark Case Not Authentic copy hence to be replaced R.Annapurna Vs Ramadugu Anantha Krishna Sastry and Ors Reportable Judgement or Order | Leave a comment

Praveen Surendiran Vs State of Karnataka and Anr on 21 Mar 2022

Posted on October 18, 2022 by ShadesOfKnife

A single judge bench of Karnataka High Court held as follows:

From Para 4,

4. The present case concerns an application made by the petitioner before the trial Court seeking release of his passport on the ground that the son of the petitioner studies in a school at Paris – Sports Etudes Concept and was attending classes virtually. Since classes have now started physically, the
petitioner wanted to accompany his son for getting him admitted in the school. This application is rejected by the trial Court. It is the rejection of the application that is called in question in the present proceedings. Therefore, these proceedings concern with the rejection of release of passport of the petitioner and not any other issue that is pending in plethora of cases between the parties.
6. Learned senior counsel Sri Ashok Haranahalli would submit that several proceedings between the parties are pending consideration. The Apex Court has stayed all further proceedings in other cases. The case at hand is not an offshoot of those cases, but an independent case of an application, where the passport of the petitioner is seized, not impounded by the police and there is grave urgency for the petitioner to leave the country and get his son admitted to the school at France.

And then

17. It is not in dispute that the petitioner is facing criminal proceedings before the competent criminal Court and the Police after investigation have also filed charge sheet in the matter in which, the petitioner is arrayed as Accused No.10. Therefore, it is not a case where the passport of the petitioner cannot even be seized or impounded, but, by whom is the question.
18. The Passport Act is a special enactment and is trite that it being a special enactment would prevail over Section 102 or Section 104 of the Cr.P.C., which empower the Police to seize and the Court to impound any document. Impounding of any document produced before the Court cannot stretch to an extent that it can impound the passport. Therefore, the deposit of passport before the Court or passport being held before the Police, both will become without authority of law. The further observation of the Court that it would be in its custody till conclusion of trial is, clearly on the face of it, without authority of law, as it would amount to impounding the passport. This very issue fell for consideration before the Apex Court in the case of SURESH NANDA v. CBI

The Apex Court dealt with the very issue as to who would be the Authority to impound the passport. The Apex Court holds that neither the Police nor the Court invoking powers under Section 102 or Section 104 of the Cr.P.C. can seize or impound a passport. Impounding of a passport is by the Authority vested under the Act as depicted therein. It is not in dispute that the Authority under the Act is not even made aware of seizure or retention of the passport by the Police or before the Court.

From Para 24,

21. The power of impounding a document under Section 104 of the Cr.P.C. is available to a Court. This cannot stretch to an extent of impounding the passport. The passport coming within the purview of the Act and it being a special law would prevail over the provisions of Section 104 of the Cr.P.C. The Court can impound any document, but not the passport as it is dealt with under a special enactment. The power of impounding is available only to the Competent Authority under the Act, in terms of Section 10 of the Act. Wherefore, the order rejecting the release of passport by the Court observing that it is held in safe custody till the conclusion of the trial is unsustainable. Therefore, the petitioner becomes entitled for release of passport in his favour, as right to hold a passport and travel is, without doubt, held to be a fundamental right in plethora of judgments.

Praveen Surendiran Vs State of Karnataka and Anr on 21 Mar 2022

Citations:

Other Sources:

 

Posted in High Court of Karnataka Judgment or Order or Notification | Tagged 1-Judge Bench Decision Courts Can Not Impound Passport Only Passport Authority Can Impound Passport Passports Act - Sec 10(3)(e) Praveen Surendiran Vs State of Karnataka and Anr Reportable Judgement or Order Suresh Nanda vs C.B.I. | Leave a comment

State of Uttaranchal and Anr Vs Sunil Kumar Vaish and Ors on 16 Aug 2011

Posted on October 16, 2022 by ShadesOfKnife

A division bench of Apex Court held as follows, while referring to importance of quality of reasoned orders/judgments.

From Paras 15 and 16,

15. Judicial determination has to be seen as an outcome of a reasoned process of adjudication initiated and documented by a party based, on mainly events which happened in the past. Courts’ clear reasoning and analysis are basic requirements in a judicial determination when parties demand it so that they can administer justice justly and correctly, in relation to the findings on law and facts. Judicial decision must be perceived by the parties and by the society at large, as being the result of a correct and proper application of legal rules, proper evaluation of the evidence adduced and application of legal procedure. The parties should be convinced that their case has been properly considered and decided. Judicial decisions must in principle be reasoned and the quality of a judicial decision depends principally on the quality of its reasoning. Proper reasoning is an imperative necessity which should not be sacrificed for expediency. The statement of reasons not only makes the decision easier for the parties to understand and many a times such decisions would be accepted with respect. The requirement of providing reasons obliges the judge to respond to the parties’ submissions and to specify the points that justify the decision and make it lawful and it enables the society to understand the functioning of the judicial system and it also enhances the faith and confidence of the people in the judicial system.
16. We are sorry to say that the judgment in question does not satisfy the above standards set for proper determination of disputes. Needless to say these types of orders weaken our judicial system. Serious attention is called for to enhance the quality of adjudication of our courts. Public trust and confidence in courts stem, quite often, from the direct experience of citizens from the judicial adjudication of their disputes.

State of Uttaranchal and Anr Vs Sunil Kumar Vaish and Ors on 16 Aug 2011

Citations:

Other Sources:

 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Judiciary Antics Reportable Judgement or Order State of Uttaranchal and Anr Vs Sunil Kumar Vaish and Ors | Leave a comment

Ram Kumar Vs State of UP and Ors on 28 Sep 2022

Posted on October 2, 2022 by ShadesOfKnife

A division bench of Apex Court held as follows:

From Para 15,

15. In this background, we find that the appellant was a necessary party to the proceedings before the High Court. The present appeal deserves to be allowed on this short ground. However, there is another more serious ground on which the present appeal deserves to be allowed.

From Para 21,

21. This Court, in the case of S.P. Chengalvaraya Naidu (Dead) By LRs. Vs. Jagannath (Dead) by LRs and others8 has held that non-disclosure of the relevant and material documents with a view to obtain an undue advantage would amount to fraud. It has been held that the judgment or decree obtained by fraud is to be treated as a nullity. We find that respondent No.9 has not only suppressed a material fact but has also tried to mislead the High Court. On this ground also, the present appeal deserves to be allowed.

Ram Kumar Vs State of UP and Ors on 28 Sep 2022

Citations:

Other Sources:

 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Catena of Landmark Judgments Referred/Cited to Ram Kumar Vs State of UP and Ors Reportable Judgement or Order S.P Chengalvaraya Naidu Vs Jagannath | Leave a comment

A.C.Narayanan Vs State of Maharashtra and Anr on 13 Sep 2013

Posted on September 15, 2022 by ShadesOfKnife

A Full Bench of the Apex Court held as follows regarding a query, whether a PoA Holder can file a complaint u/s 200 CrPC in a NI Act case.

From Para 26,

26) While holding that there is no serious conflict between the decisions in MMTC (supra) and Janki Vashdeo Bhojwani (supra), we clarify the position and answer the questions in the following manner:
(i) Filing of complaint petition under Section 138 of N.I Act through power of attorney is perfectly legal and competent.
(ii) The Power of Attorney holder can depose and verify on oath before the Court in order to prove the contents of the complaint.
However, the power of attorney holder must have witnessed the transaction as an agent of the payee/holder in due course or possess due knowledge regarding the said transactions.
(iii) It is required by the complainant to make specific assertion as to the knowledge of the power of attorney holder in the said transaction explicitly in the complaint and the power of attorney holder who has no knowledge regarding the transactions cannot be examined as a witness in the case.
(iv) In the light of section 145 of N.I Act, it is open to the Magistrate to rely upon the verification in the form of affidavit filed by the complainant in support of the complaint under Section 138 of the N.I Act and the Magistrate is neither mandatorily obliged to call upon the complainant to remain present before the Court, nor to examine the complainant of his witness upon oath for taking the decision whether or not to issue process on the complaint under Section 138 of the N.I. Act.
(v) The functions under the general power of attorney cannot be delegated to another person without specific clause permitting the same in the power of attorney. Nevertheless, the general power of attorney itself can be cancelled and be given to another person.

A.C.Narayanan Vs State of Maharashtra and Anr on 13 Sep 2013

Citations: [2014 ALT CRL AP 1 44], [2013 SCALE 11 360], [2013 KERLT 4 21], [2014 AIR SC 630], [2014 CALLT SC 1 53], [2014 PLJR 1 216], [2013 OLR 2 884], [2013 BC 4 212], [2013 CTC 5 560], [2014 SCC 11 790], [2013 CLA SC 117 4], [2013 COMPCAS SC 180 258], [2014 AKR 1 314], [2013 KLJ 4 279], [2014 LW 1 698], [2013 PLR 4 733], [2013 NCC 2 854], [2014 ALD CRL SC 1 649], [2013 KHC 3 885], [2013 WLN SC 4 25], [2013 ALLCC 83 583], [2014 LW CRL 1 154], [2014 SCC CIV 4 343], [2013 SUPREME 6 705], [2014 CRLJ SC 576], [2013 AIOL 611], [2013 JT 12 524], [2013 SLT 8 133], [2014 DCR SC 1 135], [2013 SCC ONLINE SC 839], [2013 AIC 131 160], [2014 ECRN 1 486], [2013 BOMCR CRI SC 4 307], [2013 JCC NI SC 4 214], [2013 RCR CIVIL SC 4 382], [2014 JLJR SC 1 48], [2013 BOMCR SC 6 424], [2013 RCR CRIMINAL SC 4 306], [2013 ALLMR CRI SC 4048], [2013 MLJ CRL 4 213]

Other Sources:

https://indiankanoon.org/doc/47858029/

https://www.casemine.com/judgement/in/5609af2ae4b0149711415b31

https://www.legalauthority.in/judgement/a-c-narayanan-vs-state-of-maharashtra-4779

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 3-Judge (Full) Bench Decision A.C.Narayanan Vs State of Maharashtra and Anr Catena of Landmark Judgments Referred/Cited to CrPC 200 - Examination Of Complainant Issued or Recommended Guidelines or Directions or Protocols to be followed Landmark Case Reportable Judgement or Order | Leave a comment

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Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Follow

AP High Court Advocate with M Tech (CS) || 12 years in 'Software Industry' as Solution Architect || Blogs at https://t.co/29CB9BzK4w || #TDPTwitter

SandeepPamarati
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exsecular

exsecular

Verified account @exsecular ·
24 Oct

Aaj ka gyan ..

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mrhyperreddy

పల్నాడు పెద్దిరెడ్డి

@mrhyperreddy ·
24 Oct

తిలక్ - నువ్వు కాల్ ఇవ్వలేదు
నితీష్ - నువ్వు వచ్చేసేయ్ నేను వచ్చేస్తా ఆరాంసే

తిలక్ - రేయ్ రెండు అని చెప్పురా పోనీ

ఎంత బాగుందో
ఇంటర్నేషనల్ మ్యాచ్ లో తెలుగులో మాట్లాడుకుంటుంటే 😍

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drsjaishankar

Dr. S. Jaishankar

Verified account @drsjaishankar ·
23 Oct

Paid a visit to the historic Ateshgah fire temple in Baku.

A symbol of the historical and cultural connect between our two peoples.

🇮🇳 🇦🇿

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jspbvmnaresh

JSP Naresh

Verified account @jspbvmnaresh ·
24 Oct

ఎప్పుడైనా కానీ మోడీ గారు ముస్లింని ఖతం చేస్తా అన్నాడా లేదు కదా..
అయినా
ఒక్కసారి అయినా మోడీకి ఓటు వేస్తారా ముస్లింలు. అలాంటిది రాహుల్ గాంధీ హిందువులని హిందూ వాదులని దేశం నుంచి తరిమియాలని 100 సార్లు అన్నారు అయినా హిందువులు వాడికి ఓట్లు వేస్తున్నారు.వాడి చెప్పులు నాకుతూ

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Recent Posts

  • Orders on Interim Maintenance Applications under various laws October 24, 2026
  • Rama Vs Sandeep Purkayastha and Anr on 01 May 2025 October 24, 2026
  • Mahima Vs Ved Prakash Patel on 27 May 2024 October 24, 2026
  • Rakesh Sharma Vs Manju Devi and Ors on 12 May 2026 October 24, 2026
  • Brijesh Rajkumar Suri Vs Navita Brijesh Suri on 16 Sep 2026 October 20, 2026

Most Read Posts

  • Parvinder Singh Khurana Vs Enforcement of Directorate on 19 May 2026 (1,239 views)
  • Application for Exemption from Personal Appearance During Investigation – Format, Procedure & Sample Draft (1,133 views)
  • Application for Modification of Bail Conditions – Format, Procedure & Sample Draft (1,025 views)
  • Exemption Application Under Section 205 CrPC – Format, Procedure & Sample Draft (954 views)
  • Representation for Deletion of Name from FIR – Format, Procedure & Sample Draft (950 views)
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  • Life Cycle Stages of a Criminal Writ Petition Before a High Court (823 views)
  • Dr. Garima Dubey and Ors Vs Dr. Saurabh Anand Dubey on 21 Apr 2026 - Judgement Summary (774 views)
  • Surety Affidavit Format – Draft, Legal Requirements & Sample Template (766 views)
  • Compromise-Based Quashing in Matrimonial Cases – Complete Legal Strategy (719 views)

Tags

Reportable Judgement or Order (451)2-Judge (Division) Bench Decision (435)Legal Procedure Explained - Interpretation of Statutes (390)Landmark Case (390)1-Judge Bench Decision (384)Catena of Landmark Judgments Referred/Cited to (303)Work-In-Progress Article (215)3-Judge (Full) Bench Decision (102)Sandeep Pamarati (92)Article 21 - Protection of life and personal liberty (80)Issued or Recommended Guidelines or Directions or Protocols to be followed (72)Perjury Under Section 340 CrPC (71)Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations (63)Reprimands or Setbacks to YCP Govt of Andhra Pradesh (49)Summary Post (47)CrPC 482 - Quash (44)Abuse Or Misuse of Process of Court (44)CrPC 125 or BNSS 144 - Order for Maintenance of Wives Children and Parents (43)HM Act Sec 13 - Divorce Granted to Husband (42)Divorce Granted on Cruelty ground (42)

Categories

Supreme Court of India Judgment or Order or Notification (772)Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments (329)High Court of Andhra Pradesh Judgment or Order or Notification (193)High Court of Delhi Judgment or Order or Notification (168)High Court of Bombay Judgment or Order or Notification (112)High Court of Karnataka Judgment or Order or Notification (96)Legal Procedure/Tool (86)High Court of Madras Judgment or Order or Notification (71)High Court of Allahabad Judgment or Order or Notification (63)LLB Study Material (60)General Study Material (56)Assorted Court Judgments or Orders or Notifications (55)High Court of Punjab & Haryana Judgment or Order or Notification (53)High Court of Kerala Judgment or Order or Notification (48)Judicial Activism (for Public Benefit) (47)Prakasam DV Cases (46)District or Sessions or Magistrate Court Judgment or Order or Notification (45)High Court of Madhya Pradesh Judgment or Order or Notification (39)High Court of Telangana Judgment or Order or Notification (29)High Court of Calcutta Judgment or Order or Notification (28)

Recent Comments

  • Aman Kumar on Case Lifecycle Explorer – BNS s.85, DV Act and Maintenance
  • ShadesOfKnife on How to Challenge Ex Parte Orders in Criminal and Matrimonial Proceedings – Legal Remedies
  • pradeep jain on How to Challenge Ex Parte Orders in Criminal and Matrimonial Proceedings – Legal Remedies
  • Lawyer Sonia on Regular Bail Application Format (Section 437/439 CrPC)
  • vinod gupta on Reply to Section 41A CrPC Notice – Format with Legal Explanation

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