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Tag: Reportable Judgement or Order

Afzal Ansari and 2 Ors Vs State Of U.P. and 2 Ors on 15 May 2020

Posted on May 16, 2020 by ShadesOfKnife

Allahabad High Court has held that,

From Para 39,

39. Therefore, we are of the considered opinion that Azan can be recited by Muezzin from minarets of the Mosques by human voice without using any amplifying device and the administration is directed not to cause hindrance in the same on the pretext of the Guidelines to contain the  pandemic Covid19, unless such guidelines are being violated.

From Para 40,

40. Therefore, it is held that Azan may be an essential and integral part of Islam but recitation of Azan through loudspeakers or other sound amplifying devices cannot be said to be an integral part of the religion, warranting protection of the fundamental right enshrined under Article 25 of the Constitution of India, which is even otherwise subject to public order, morality or health and to other provisions of part III of the Constitution of India. Thus, under no circumstances sound amplifying devices can be permitted to be used between 10.00 p.m. to 6.00 a.m. by the district  administrations. Further, the petitioners have failed to bring on record or even plead that they sought any such permission for the use of sound amplifying devices, for recital of Azan from their respective mosques and, therefore, their use without such permission would be illegal and cannot be accorded approval by this Court. However, in case any such application is filed before the concerned authorities, that may be dealt with in accordance with law including Noise Pollution Rules. Furthermore, as already discussed in detail hereinabove, Azan can be recited by Muezzin from minarets of the Mosques by human voice without using any amplifying device and such recitation cannot be hindered with under the pretext of violation of the Guidelines issued by the State, to contain the pandemic Covid19.

Afzal Ansari and 2 Ors Vs State Of U.P. and 2 Ors on 15 May 2020

Citations: [2020 SCC ONLINE ALL 592]

Other Source links:

https://indiankanoon.org/doc/46976882/

https://www.casemine.com/judgement/in/5ecdf3b59fca191563b4b510

All HC | ‘Azan’ an essential & integral part of Islam but use of loud­speakers is not; Right to offer Azan by voice, protected under Art. 25 of Constitution

Posted in High Court of Allahabad Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Afzal Ansari and 2 Ors Vs State Of U.P. and 2 Ors Article 21 - Protection of life and personal liberty Catena of Landmark Judgments Referred/Cited to Issue of Usage of Loud Speakers Public Interest Litigation Reportable Judgement or Order | Leave a comment

V.D. Bhanot Vs Savita Bhanot on 07 February 2012

Posted on May 15, 2020 by ShadesOfKnife

Supreme Court In this case, upheld the view taken by the Delhi High Court that the conduct of the parties even prior to the coming into force of the Domestic Violence Act, could be taken into consideration while passing an order under Sections 18, 19 and 20 thereof. Even if a wife, who had shared a household in the past, but was no longer doing so when the Act came into force, would still be entitled to the protection of the Act.

V.D. Bhanot Vs Savita Bhanot on 07 February 2012

Two more Orders after the above one were passed.

V.D. Bhanot Vs Savita Bhanot on 04 April 2012

Order u/s 19

V.D. Bhanot Vs Savita Bhanot on 07 February 2013

Citations: []

Other Source links:


The index page is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Landmark Case PWDV Act Sec 19 - Residential Order (Rent) Granted Reportable Judgement or Order V.D. Bhanot Vs Savita Bhanot Work-In-Progress Article | Leave a comment

Sandhya Manoj Wankhade Vs Manoj Bhimrao Wankhade and Ors on 31 January 2011

Posted on May 15, 2020 by ShadesOfKnife

Supreme Court held that Women can also be made respondents in a DV case.

From Paras 12, 13 and 14,

12. From the above definition it would be apparent that although Section 2(q) defines a respondent to mean any adult male person, who is or has been in a domestic relationship with the aggrieved person, the proviso widens the scope of the said definition by including a relative of the husband or male partner within the scope of a complaint, which may be filed by an aggrieved wife or a female living in a relationship in the nature of a marriage.
13. It is true that the expression “female” has not been used in the proviso to Section 2(q) also, but, on the other hand, if the Legislature intended to
exclude females from the ambit of the complaint, which can be filed by an aggrieved wife, females would have been specifically excluded, instead of
it being provided in the proviso that a complaint could also be filed against a relative of the husband or the male partner. No restrictive meaning has been given to the expression “relative”, nor has the said expression been specifically defined in the Domestic Violence Act, 2005, to make it specific to males only.
14. In such circumstances, it is clear that the legislature never intended to exclude female relatives of the husband or male partner from the ambit of a complaint that can be made under the provisions of the Domestic Violence Act, 2005.

Sandhya Manoj Wankhade Vs Manoj Bhimrao Wankhade and Ors on 31 January 2011

Citations: []

Other Source links:


After more than 5 long years, Supreme Court has struck down two words “Adult male” from Sec 2(q) of PWDV Act 2005 here.


The index page is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Catena of Landmark Judgments Referred/Cited to Landmark Case Legal Procedure Explained - Interpretation of Statutes PWDV Act Sec 2(q) – Women Can Be Respondents In PWDV Case Reportable Judgement or Order Sandhya Manoj Wankhade Vs Manoj Bhimrao Wankhade and Ors Work-In-Progress Article | Leave a comment

D. Velusamy Vs D. Patchaiammal on 21 October 2010

Posted on May 15, 2020 by ShadesOfKnife

Justice Katju held as follows:

33. In our opinion a ‘relationship in the nature of marriage’ is akin to a common law marriage. Common law marriages require that although not
being formally married :-
(a) The couple must hold themselves out to society as being akin to spouses.
(b) They must be of legal age to marry.
(c) They must be otherwise qualified to enter into a legal marriage, including being unmarried.
(d) They must have voluntarily cohabited and held themselves out to the world as being akin to spouses for a significant period of time.

In our opinion a ‘relationship in the nature of marriage’ under the 2005 Act must also fulfill the above requirements, and in addition the parties
must have lived together in a ‘shared household’ as defined in Section 2(s) of the Act. Merely spending weekends together or a one night stand would not make it a ‘domestic relationship’.

D. Velusamy Vs D. Patchaiammal on 21 October 2010

Citations: []

Other Source links:

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Catena of Landmark Judgments Referred/Cited to D. Velusamy Vs D. Patchaiammal In the Nature of Marriage Landmark Case Legal Procedure Explained - Interpretation of Statutes PWDV Act Sec 2(f) - Domestic Relationship Reportable Judgement or Order Work-In-Progress Article | Leave a comment

Ashwinbhai Kamsubhai Rathod Vs Bhailalbhai Kalubhai Pandav BM Chudasama and others on 12 May 2020

Posted on May 13, 2020 by ShadesOfKnife

High Court of Gujarat has quashed the December 2017 election of Gujarat’s Law Minister, Bhupendrasinh Manubha Chudasama to the State’s Legislative Assembly as violative of the Representation of People’s Act, 1951

Latest: The LawMin appealed against High Court judgment at Supreme Court.

Ashwinbhai Kamsubhai Rathod Vs Bhailalbhai Kalubhai Pandav BM Chudasama and others on 12 May 2020

Citations: []

Other Source links: https://www.barandbench.com/news/litigation/such-an-election-should-not-be-permitted-to-hold-the-field-gujarat-hc-quashes-state-law-minister-bm-chudasamas-2017-election

Posted in Assorted Court Judgments or Orders or Notifications High Court of Gujarat Judgment or Order or Notification | Tagged 1-Judge Bench Decision Ashwinbhai Kamsubhai Rathod Vs Bhailalbhai Kalubhai Pandav BM Chudasama and others Election Matter Reportable Judgement or Order Work-In-Progress Article | Leave a comment

Public Interest Foundation and Ors Vs Union of India and Anr on 25 September 2018

Posted on May 12, 2020 by ShadesOfKnife

Supreme Court respecting separation of powers in the Indian democracy, acknowledged that there are criminals to a large part in Parliament and in State Legislatures but held that it cannot legislate on behalf of Parliament. Still it issue some guidelines as follows.

  1. Each contesting candidate shall fill up the form as provided by the Election Commission and the form must contain all the particulars as required therein.

  2. It shall state, in bold letters, with regard to the criminal cases pending against the candidate.

  3. If a candidate is contesting an election on the ticket of a particular party, he/she is required to inform the party about the criminal cases pending against him/her.

  4. The concerned political party shall be obligated to put up on its website the aforesaid information pertaining to candidates having criminal antecedents.

  5. The candidate as well as the concerned political party shall issue a declaration in the widely circulated newspapers in the locality about the antecedents of the candidate and also give wide publicity in the electronic media. When we say wide publicity, we mean that the same shall be done at least thrice after filing of the nomination papers.

Public Interest Foundation and Ors Vs Union of India and Anr on 25 September 2018

Citations: [(2019) 3 SCC 224]

Other Source links: https://www.scconline.com/blog/post/2018/09/25/candidates-with-criminal-antecedents-parliament-has-exclusive-jurisdiction-to-lay-down-disqualification-for-membership-court-cannot-legislate-sc/ or https://indiankanoon.org/doc/146283621/ or https://www.casemine.com/judgement/in/5baaa0749eff430ce652f5c8


The directions given in this Judgment were not followed by Political parties and their candidates, Hence a contempt petition was filed for violating Supreme Court Orders here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 5-Judge Constitutional Bench Decision Election Matter Public Interest Foundation and Ors Vs Union of India and Anr Reportable Judgement or Order | Leave a comment

Rambabu Singh Thakur Vs Sunil Arora on 13 February 2020

Posted on May 12, 2020 by ShadesOfKnife

Justice Rohinton F Nariman has passed the following directions, sitting in a division bench along with Justice S. Ravindra Bhat,

From Para 4,

4. We have also noted that the political parties offer no explanation as to why candidates with pending criminal cases are selected as candidates in the first place. We therefore issue the following directions in exercise of our constitutional powers under Articles 129 and 142 of the Constitution of India:
1) It shall be mandatory for political parties [at the Central and State election level] to upload on their website detailed information regarding individuals with pending criminal cases (including the nature of the offences, and relevant particulars such as whether charges have been framed, the concerned Court, the case number etc.) who have been selected as candidates, along with the reasons for such selection, as also as to why other individuals without criminal antecedents could not be selected as candidates.
2) The reasons as to selection shall be with reference to the qualifications, achievements and merit of the candidate concerned, and not mere “winnability” at the polls.
3) This information shall also be published in:
(a) One local vernacular newspaper and one national newspaper;
(b) On the official social media platforms of the political party, including Facebook & Twitter.
4) These details shall be published within 48 hours of the selection of the candidate or not less than two weeks before the first date for filing of nominations, whichever is earlier.
5) The political party concerned shall then submit a report of compliance with these directions with the Election Commission within 72 hours of the selection of the said candidate.
6) If a political party fails to submit such compliance report with the Election Commission, the Election Commission shall bring such non-compliance by the political party concerned to the notice of the Supreme Court as being in contempt of this Court’s orders/directions.

Rambabu Singh Thakur Vs Sunil Arora on 13 February 2020

Citations: [2020 SCC OnLine SC 178]

Other Source links: https://indiankanoon.org/doc/178919210/ or https://www.scconline.com/blog/post/2020/02/13/sc-directs-political-parties-to-publish-criminal-antecedents-of-candidates-give-reasons-for-their-selection/ or https://www.indianemployees.com/judgments/details/rambabu-singh-thakur-versus-sunil-arora-ors


The original Judgment is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Public Interest Litigation Rambabu Singh Thakur Vs Sunil Arora Reportable Judgement or Order | Leave a comment

Santosh Prasad Vs The State of Bihar on 14 February 2020

Posted on May 11, 2020 by ShadesOfKnife

Supreme Court discussed who can be a Sterling witness on whose deposition can a conviction be based and this packed this false rape case into Dustbin.

Santosh Prasad Vs The State of Bihar on 14 February 2020

Citations: [AIR 2020 SC 985]

Other Source links: https://indiankanoon.org/doc/68886715/ or https://www.indianemployees.com/judgments/details/santosh-prasad-santosh-kumar-versus-the-state-of-bihar

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision False Incest Or Rape Or Sexual Or Sexual Harassment Allegations Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order Santosh Prasad Vs The State of Bihar Sterling Witness | Leave a comment

New India Assurance Co Ltd Vs Hilli Multipurpose Cold Storage Pvt Ltd on 4 March 2020

Posted on May 10, 2020 by ShadesOfKnife

Justice Vineet Saran sitting in a 5-Judge bench delivered this reference judgment on the following two questions of law.

Question-1

Whether the District Forum has power to extend the time for filing of response to the complaint beyond the period of 15 days, in addition to 30 days, as envisaged under Section 13(2)(a) of the Consumer Protection Act?

Answered as follows:

To conclude, we hold that our answer to the first question is that the District Forum has no power to extend the time for filing the  response to the complaint beyond the period of 15 days in addition to 30 days as is envisaged under Section 13 of the Consumer  Protection Act

Question-2

What would be the commencing point of limitation of 30 days under Section 13 of the Consumer Protection Act, 1986?

Answered as follows:

the answer to the second question is that the commencing point of limitation of 30 days under Section 13 of the Consumer Protection Act would be from the date of receipt of the notice accompanied with the complaint by the opposite party, and not mere receipt of the notice of the complaint.

New India Assurance Co Ltd Vs Hilli Multipurpose Cold Storage Pvt Ltd on 4 March 2020

Citations: [AIR 2020 SC 1267], [2020 SCC OnLine SC 287]

Other Source links: https://indiankanoon.org/doc/96395504/ or https://www.casemine.com/judgement/in/5e69d2383321bc624fea2d34

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 5-Judge Constitutional Bench Decision CP Act 13(2) - Commencement of the Period of Limitation Landmark Case Legal Procedure Explained - Interpretation of Statutes Mandatory or Directory New India Assurance Co Ltd Vs Hilli Multipurpose Cold Storage Pvt Ltd Reportable Judgement or Order Sandeep Pamarati Work-In-Progress Article | Leave a comment

Raghuvansh Dewanchand Bhasin Vs State of Maharashtra and Anr on 9 September 2011

Posted on April 28, 2020 by ShadesOfKnife

The Supreme Court upheld the High Court decision of holding the Police officer who executed the cancelled Non-bailable warrant against the practicing advocate. It was also held that Police officer was sufficiently reprimanded. The High Court had also granted a compensation of Rs.2000/- from the personal account of Police officer to the Advocate!!! I am wondering if the compensation granted is a fair (to the advocate) and deterrent (to the police officer). In my opinion, at least 3 months salary must be given as compensation.

Raghuvansh Dewanchand Bhasin Vs State of Maharashtra and Anr on 9 September 2011

Citations: [2012 SCC 9 791], [2011 AIOL 663], [2012 AIR BOMR 1 197], [2011 AIR SC 3393], [2011 AIR SC 5347], [2011 ANJ SC SUPP 2 65], [2012 BOMCR CRI SC 1 260], [2011 JT 10 253], [2011 RCR CRIMINAL SC 4 212], [2011 SCALE 10 233], [2011 SLT 7 1], [2012 SCC CRI 4 679]

Other Source links: https://indiankanoon.org/doc/1934058/ or https://www.casemine.com/judgement/in/575fd363607dba63d7e6e2d9


Index of Police Personnel Antics is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Advocate Antics Denied Compensation Inder Mohan Goswami and Another Vs State Of Uttaranchal and Others Issue of Non-Bailable Warrant Non-Bailable Warrant Quashed Police Antics Raghuvansh Dewanchand Bhasin Vs State of Maharashtra and Anr Reportable Judgement or Order | Leave a comment

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