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True Colors of a Vile Wife

Tag: Reportable Judgement or Order

Kishore Samrite Vs State of U.P. and Ors on 18 October, 2012

Posted on April 15, 2019 by ShadesOfKnife

In this judgment, Hon’ble Supreme Court has saddled the person with heavy exemplary costs, who lied through the teeth in the writ petition. Actually, Costs of Rs.50,00,000/- was brought down to Rs.5,00,000/-

From Para 4,

Writ Petition No.111 of 2011, even if not complete in its form, was maintainable and the same could not have been dismissed by the Court as the prayer by the appellant in that writ petition for habeas corpus was maintainable in view of the right to life and liberty of the petitioners stated therein, as enshrined in Article 21 of the Constitution of India, was violated. The petition had been filed by the appellant as next friend and had not seen the alleged detenues since 4th January, 2007 when they were last seen in Amethi. According to the appellant the representations made to various authorities had failed to yield any results. Thus, that petition was not liable to be dismissed.

Abuse of the process of Court :Unclean Hands

This Court has had many occasions where it dealt with the cases of this kind and it has clearly stated the principles that would govern the obligations of a litigant while approaching the court for redressal of any grievance and the consequences of abuse of the process of court. We may recapitulate and state some of the principles. It is difficult to state such principles exhaustively and with such accuracy that would uniformly apply to a variety of cases. These are:
(i) Courts have, over the centuries, frowned upon litigants who, with intent to deceive and mislead the Courts, initiated proceedings without full  disclosure of facts and came to the courts with ‘unclean hands’. Courts have held that such litigants are neither entitled to be heard on the merits of the case nor entitled to any any relief.
(ii) The people, who approach the Court for relief on an ex parte statement, are under a contract with the court that they would state the whole case fully and fairly to the court and where the litigant has broken such faith, the discretion of the court cannot be exercised in favour of such a litigant.
(iii) The obligation to approach the Court with clean hands is an absolute obligation and has repeatedly been reiterated by this Court.
(iv) Quests for personal gains have become so intense that those involved in litigation do not hesitate to take shelter of falsehood and misrepresent and suppress facts in the court proceedings. Materialism, opportunism and malicious intent have over-shadowed the old ethos of litigative values for small gains.
(v) A litigant who attempts to pollute the stream of justice or who touches the pure fountain of justice with tainted hands is not entitled to any relief, interim or final.
(vi) The Court must ensure that its process is not abused and in order to prevent abuse of the process the court, it would be justified even in insisting on furnishing of security and in cases of serious abuse, the Court would be duty bound to impose heavy costs.
(vii) Wherever a public interest is invoked, the Court must examine the petition carefully to ensure that there is genuine public interest involved. The stream of justice should not be allowed to be polluted by unscrupulous litigants.
(vii) The Court, especially the Supreme Court, has to maintain strictest vigilance over the abuse of the process of court and ordinarily meddlesome bystanders should not be granted “visa”. Many societal pollutants create new problems of unredressed grievances and the Court should endure to
take cases where the justice of the lis well-justifies it.

Kishore Samrite Vs State of U.P. and Ors on 18 October, 2012

Citations: [(2013) 2 SCC 398], [AIR 2012 SC (Supp) 699], [MANU/SC/0892/2012], [JT (2012) 10 SC 393]

Indiankanoon.org or Casemine link: https://indiankanoon.org/doc/172073149/ or https://www.casemine.com/judgement/in/5609af1be4b0149711415a1b


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

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Kishore Samrite Vs State of U.P. and Ors Landmark Case Perjury - Approached Court with Unclean Hands Reportable Judgement or Order | Leave a comment

Rupali Devi Vs State of UP and Ors on 09 April, 2019

Posted on April 9, 2019 by ShadesOfKnife

A clear attempt to link circumstances to a pre-judged conclusion by Hon’ble CJ of India himself. At best, this is just an attempt to let go off one of the many grounds husband’s can take in their Discharge and Quash petitions, going against such landmark precedents.

If this assumption is allowed to continue, ablanaris will claim, her hubby dear comes in her dreams and molests, threatens, harasses, violates her & thereby it is a continuing offence as per Black&White Dictionary and attracts 179 CrPC squarely, and consequently your’s truly will wag their tails (heads may be) to it too.

One Gem from this Judgment:

Even the silence of the wife may have an underlying element of an emotional distress and mental agony.

Alright. Little bit of difficulty in travel involved. We will use 20 other grounds, Mr. CJI. We also have clubbing of cases judgment and many more judgments on our side.

Frankly speaking, one has to see the caveat laid by Supreme Court in this judgment. Only when the Prosecution can establish that there was threat to the life and/or limb of the knife due to which the false case if institute out side the Jurisdiction, where the alleged offence has happened as mentioned in the Complaint, this judgment can be gainfully invoked.

The Key element is this “compelled the wife to leave the matrimonial home and take shelter with her parents“. As long as the Prosecution documents do not prima facie exhibit the above criteria, the ground of Territorial Jurisdiction is still a valid ground to see Discharge or Quash from a false case.

Go here.

Rupali Devi Vs State of UP and Ors on 09 April, 2019

My Note:

This is a bad judgment because, we all know the complainant may invoke Zero FIR at her place of residence/parental/shelter home which may be transferred to the location where there is actual territorial jurisdiction to the alleged offence. Or the parents or relative or any good Samaritan can file a report under sec 154(1) to a nearby police station, and again that PS has to register a Zero FIR. Moreover, the complaint’s case is fought by the State via Public Prosecutor and the Chief examination is done via affidavit these days and even that may be one of the instances when the complaint has to appear before Court. Due to technological advances which are expedited by COVID-19 pandemic, even the oath taken at such instance can be made via Video conference. Even the Cross can be conducted via Video conference.

Then what was the need to muddle the sacred principle of territorial jurisdiction enshrined under CHAPTER XIII provisions of Cr.P.C.?


Citations: [2019 SCC 5 384], [2019 SCC ONLINE SC 493], [2019 AIR SC 1790], [2019 KLJ 2 601]

Other Source links:

https://indiankanoon.org/doc/78252061/

https://www.legitquest.com/case/rupali-devi-v-state-of-uttar-pradesh/11C400

Woman driven out of matrimonial home can file case under Section 498-A from the place she has taken shelter at [Full Report]

https://www.casemine.com/judgement/in/5cb00bc54a9326247ab05a22

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Baseless or Convoluted Judgment CrPC 177 - Ordinary Place of Inquiry and Trial CrPC 178 - Place of Inquiry or Trial CrPC 179 - Offence Triable Where Act is Done or Consequence Ensues CrPC 472 - Continuing offence IPC 498A - No Limit Territorial Jurisdiction Judiciary Antics Landmark Case Legal Procedure Explained - Interpretation of Statutes Misinterpretation of Earlier Judgment or Settle Principle of Law or Per Incuriam Reportable Judgement or Order Rupali Devi Vs State of UP and Ors Statement of Objects and Reasons | Leave a comment

Ramrameshwari Devi and Ors Vs Nirmala Devi and Ors on 4 July, 2011

Posted on March 24, 2019 by ShadesOfKnife

Justice Dalveer Bhandari at Supreme Court, held that,

From Para 4,

This is a classic example which abundantly depicts the picture of how the civil litigation moves in our courts and how unscrupulous litigants (appellants in this case) can till eternity harass the respondents and their children by abusing the judicial system.

From Para 14,

According to Dr. Arun Mohan, twenty minutes spent at that time would have saved several years in court proceedings.

From Para 21,

The learned Single Judge observed that the present appellants belong to that category of litigants whose only motive is to create obstacles during the course of trial and not to let the trial conclude. Applications after applications are being filed by the appellants at every stage, even though orders of the trial court are based on sound reasoning. Moreover, the appellants have tried to mislead the court also by filing wrong synopsis and incorrect dates of events.

From Para 22,

Those litigants or their advocates who mislead the courts by filing wrong and incorrect particulars (the list of dates and events) must be dealt with heavy hands.

From Para 26,

It may be pertinent to mention that the appellants also moved transfer application apprehending adverse order from the trial judge, which was also dismissed by the learned District Judge. This conduct of the appellants demonstratesthat they are determined not to allow the trial court to proceed with the suit. They are creating all kinds of hurdles andobstacles at every stage of the proceedings.

From Para 30,

It is abundantly clear from the facts and circumstances of this case that the appellants have seriously created obstacles at every stage during the course of trial and virtually prevented the court from proceeding with the suit. This is a typical example of how an ordinary suit moves in our courts. Some cantankerous and unscrupulous litigants on one ground or the other do not permit the courts to proceed further in the matter.

From Para 34,

According to Dr. Mohan, in our legal system, uncalled for litigation gets encouragement because our courts do notimpose realistic costs. The parties raise unwarranted claims and defences and also adopt obstructionist and delaying tactics because the courts do not impose actual or realistic costs. Ordinarily, the successful party usually remains uncompensated in our courts and that operates as the main motivating factor for unscrupulous litigants. Unless the courts, by appropriate orders or directions remove the cause for motivation or the incentives, uncalled for litigation will continue to accrue, and there will be expansion and obstruction of the litigation. Court time and resources will be consumed and justice will be both delayed and denied.

From Para 44,

In the instant case when the entire question of title has been determined by the High Court and the Special Leave Petition against that judgment has been dismissed by this court, thereafter the trial court ought not to have framed such an issue on a point which has been finally determined upto this Court. In any case, the same was exclusively barred by the principles of res judicata. That clearly demonstrates total non-application of mind.

From Para 48,

48. It is also a matter of common experience that once an ad interim injunction is granted, the plaintiff or the petitioner would make all efforts to ensure that injunction continues indefinitely. The other appropriate order can be to limit the life of the ex-parte injunction or stay order for a week or so because in such cases the usual tendency of unnecessarily prolonging the matters by the plaintiffs or the petitioners after obtaining ex-parte injunction orders or stay orders may not find encouragement. We have to dispel the common impression that a party by obtaining an injunction based on even false averments and forged documents will tire out the true owner and ultimately the true owner will have to give up to the wrongdoer his legitimate profit. It is also a matter of common experience that to achieve clandestine objects, false pleas are often taken and forged documents are filed indiscriminately in our courts because they have hardly any apprehension of being prosecuted for perjury by the courts or even pay heavy costs. In Swaran Singh v. State of Punjab (2000) 5 SCC 668 this court was constrained to observe that perjury has become a way of life in our courts.

From Para 56,

These appeals are consequently dismissed with costs, which we quantify as Rs.2,00,000/- (Rupees Two Lakhs only). We are imposing the costs not out of anguish but by following the fundamental principle that wrongdoers should not get benefit out of frivolous litigation.

Ramrameshwari Devi and Ors Vs Nirmala Devi and Ors on 4 July, 2011
Posted in Supreme Court of India Judgment or Order or Notification | Tagged Landmark Case Legal Procedure Explained - Interpretation of Statutes Perjury - Costs Levied or Imprisonment For Perjury Ramrameshwari Devi and Ors Vs Nirmala Devi and Ors Reportable Judgement or Order Sandeep Pamarati | Leave a comment

Lata Singh Vs State of U.P. and Another on 7 July, 2006

Posted on March 21, 2019 by ShadesOfKnife

This is a landmark judgment from Hon’ble Supreme Court, to protect the folks who marry inter-caste or inter-religion and against the wishes of their parents, which could have led to honour killings or other forms of harassment and violence.

Lata Singh Vs State of U.P. and Another on 7 July, 2006

Citations : [2006 AIR SC 2522], [2006 SCR SUPP 3 350], [2006 SCC CRI 2 478], [2006 SCALE 6 583], [2006 SCC 5 475], [2006 SUPREME 5 266], [2006 CRLJ SC 3309], [2006 JT 6 173], [2006 ANJ SC 2 313], [2006 CRIMES SC 3 41], [2006 AIR SC 3499], [2006 KERLT 3 375], [2006 ALL LJ 5 357], [2006 AIR SCW 3499]

Other Sources :

https://indiankanoon.org/doc/1364215/

https://www.casemine.com/judgement/in/5609ae31e4b0149711413225


The index page is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Article 21 - Protection of life and personal liberty Lata Singh Vs State of U.P. and Another Protection Against Honour Killing and Causing Other Violence Reportable Judgement or Order Right to Marry person of one's choice | Leave a comment

Hardeep Singh Vs State of Punjab and Ors on 10 January, 2014

Posted on March 20, 2019 by ShadesOfKnife

Hon’ble Apex court held some key aspects in this landmark judgment such as,

  1. What is the stage at which power under Section 319 Cr.P.C. can be exercised?
  2. Whether the word “evidence” used in Section 319(1) Cr.P.C. could only mean evidence tested by cross examination or the court can exercise the power under the said provision even on the basis of the statement made in the examination-in-chief of the witness concerned?
  3. Whether the word “evidence” used in Section 319(1) Cr.P.C. has been used in a comprehensive sense and includes the evidence collected during investigation or the word “evidence” is limited to the evidence recorded during trial?
  4. What is the nature of the satisfaction required to invoke the power under Section 319 Cr.P.C. to arraign an accused? Whether the power under Section 319(1) Cr.P.C. can be exercised only if the court is satisfied that the accused summoned will in all likelihood convicted?
  5. Does the power under Section 319 Cr.P.C. extend to persons not named in the FIR or named in the FIR but not charged or who have been discharged?
Hardeep Singh Vs State of Punjab and Ors on 10 January, 2014

Citations : [2014 SCC CRI 2 86], [2014 RCR CRIMINAL SC 1 623], [2014 SUPREME 1 132], [2014 SLT 1 465], [2014 AIOL 21], [2014 SCC 3 92], [2014 CRIMES SC 1 133], [2014 AIR SC 1400], [2014 BOMCR CRI SC 1 772], [2014 ALLMR CRI SC 801], [2014 AIR SC 667], [2014 CRLJ SC 1118], [2014 JLJR SC 2 385], [2014 SCALE 1 241], [2014 SCC ONLINE SC 26], [2014 KLJ 1 410], [2014 AIC 135 86], [2014 ALD CRL SC 2 152], [2014 PLJR 2 482], [2014 KHC 1 170], [2014 ALLCC 85 313], [2014 CCR SC 1 244], [2014 ADJ 1 727], [2014 LW CRL 1 440], [2014 UC 1 304], [2014 CGLRW SC 1 491], [2014 RLW SC 1 727], [2014 SCJ 2 366], [2015 NCC 1 613], [2014 AD SC 1 609], [2014 JT SC 1 412], [2014 CAL LJ 2 75], [2014 KLT SC 1 336], [2014 AIR SCW 667]

Other Sources :

https://indiankanoon.org/doc/78958066/

https://www.casemine.com/judgement/in/5609af56e4b014971141618b


The latest case law from SC on this subject is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 5-Judge Constitutional Bench Decision Article 20 - Protection in respect of conviction for offences Article 21 - Protection of life and personal liberty CrPC 319 - Power to proceed against other persons appearing to be guilty of offence Hardeep Singh Vs State of Punjab and Ors Landmark Case Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order Right to Fair Trial | Leave a comment

Sarvepalli Radhakrishnan University and Anr Vs UOI and Ors 07 January, 2019

Posted on March 8, 2019 by ShadesOfKnife

A diabolical Medical college management played a cunning cat and mouse game with MCI, Government and the hon’ble Supreme Court of India to cheat and get permission to do admissions for medical courses in their college and paid the hefty price.

Sarvepalli Radhakrishnan University and Anr Vs UOI and Ors 07 January, 2019

Citations : [2019 SCC ONLINE SC 51]

Other Sources:

https://indiankanoon.org/doc/194049971/

https://www.casemine.com/judgement/in/5c7164069eff4312dfbb5f69


Index of all Perjury case laws is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 3-Judge (Full) Bench Decision Grant Compensation To Victims Of Fraud Medical College IPC 193 - Punishment for false evidence Perjury - Approached Court with Unclean Hands Perjury - Forged Evidence or False Statements on Oath or False Affidavit Submitted Reportable Judgement or Order Sarvepalli Radhakrishnan University and Anr Vs UOI and Ors | Leave a comment

State Of Punjab and Anr Vs Jalour Singh and Ors on 18 January, 2008

Posted on January 25, 2019 by ShadesOfKnife

 

State Of Punjab and Anr Vs Jalour Singh and Ors on 18 January, 2008

Citations : [2008 SCC CIV 1 669], [2008 SCC CRI 1 524], [2008 SCC L&S 1 535], [2008 AIR SC 1209], [2008 KLJ 1 887], [2008 AIC SC 64 262], [2008 JT 2 83], [2008 SCALE 2 52], [2008 RCR CIVIL 1 857], [2008 AIR SC 0 1196], [2009 TAC 1 819], [2008 ALLSCR 0 692], [2008 SCJ 2 95], [2008 SCC 3 660], [2008 TNMAC 1 244], [2008 KHC 2 89], [2008 AIOL 112], [2008 ARBLR SC 1 257], [2008 SCR 1 922], [2008 MLJ SC 5 311], [2008 AIR SCW 1196], [2008 KLT SC 2 236], [2008 ACJ SC 2874]

Other Sources :

https://indiankanoon.org/doc/483834/

https://www.casemine.com/judgement/in/5609ae95e4b0149711414361

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 3-Judge (Full) Bench Decision Landmark Case Reportable Judgement or Order State Of Punjab and Anr Vs Jalour Singh and Ors Work-In-Progress Article | Leave a comment

Krishna Bhatacharjee vs Sarathi Choudhury And Anr on 20 November, 2015

Posted on January 21, 2019 by ShadesOfKnife

In this Dipak Misra dole out judgment, even the judicially separated folks are also within the ambit of Aggrieved person. The Hon’ble Supreme Court rejected the view taken by lower courts and held that the status of the parties did not become different due to a decree of judicial separation. There is a distinction between the decree for divorce and the decree of judicial separation. So, the finding of the lower courts, that the parties having been judicially separated, the appellant had ceased to be an aggrieved person, is “wholly unsustainable”.

Krishna Bhatacharjee vs Sarathi Choudhury And Anr on 20 November, 2015

Citations: [2016 AJR 1 545], [2016 ALD CRL SC 1 46], [2016 CALLT SC 1 17], [2016 JCC SC 1 31], [2016 JLJR 1 93], [2016 LW 3 193], [2016 NCC 1 239], [2016 PLJR 1 158], [2016 SCC 2 705], [2016 WLN SC 1 52], [2015 AD SC 12 101], [2015 CCR SC 4 256], [2015 CRIMES SC 4 384], [2015 DMC SC 3 823], [2015 KLT SC 4 999], [2015 SCALE 12 521], [2015 UC 3 2229], [2015 JT 11 132], [2015 SLT 8 675], [2015 AIOL 4593], [2016 CRLJ SC 330], [2016 SCC CRI 1 810], [2015 SCC ONLINE SC 1229], [2016 GUJ LH 1 1], [2016 AIC 157 198], [2016 ALLCC SC 92 443], [2016 CGLJ SC 1 105], [2016 RCR CRIMINAL SC 1 152], [2016 RCR CIVIL SC 1 151], [2016 SCC CIV 2 223]

Other Source links:

https://indiankanoon.org/doc/124775488/

https://www.casemine.com/judgement/in/5790b3ede561097e45a4e4ac


The index page is here.

 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Krishna Bhatacharjee vs Sarathi Choudhury And Anr Legal Procedure Explained - Interpretation of Statutes PIL - CrPC 125 or BNSS 144 Must Go From Statute Book PWDV Act Sec 2(f) - Maintainable After Judicial Separation Reportable Judgement or Order | Leave a comment

Gambhirsinh R.Dekare Vs Falgunbhai Chimanbhai Patel and Anr on 11 March 2013

Posted on January 16, 2019 by ShadesOfKnife

Hon’ble Apex Court has held that, to prosecute someone who may have approved off or issued directions to print a certain news, teh allegation to the effect of identifying the person responsible in FIR is sufficient. Truthfulness of the allegations had to be adjudicated in trial.

Gambhirsinh R.Dekare Vs Falgunbhai Chimanbhai Patel & Anr on 11 March, 2013

Citations: [

Other Source links:


The Index for Defamation Judgments is here.


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

Posted in Supreme Court of India Judgment or Order or Notification | Tagged CrPC 199 - Defamation Gambhirsinh R.Dekare Vs Falgunbhai Chimanbhai Patel and Anr IPC 499 - Defamation IPC 500 - Punishment For Defamation Reportable Judgement or Order Work-In-Progress Article | Leave a comment

Vineet Narain and Ors Vs Union of India and Anr on 18 December 1997

Posted on December 23, 2018 by ShadesOfKnife

In this landmark judgment from Hon’ble Supreme Court, it has given a statutory shape to the CVC and to endow it with wider powers including supervision over Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED). Indeed the Supreme Court, while giving the said directions had relied upon the report of the Independent Review Committee (IRC) comprising Shri B. G. Deshmukh, former Cabinet Secretary, Shri N. N. Vohra, Principal Secretary to the PM and Shri S. V. Giri, Central Vigilance Commissioner, which Committee was constituted under the Government Order dated 8th September, 1997. The directions of the Supreme Court are quite elaborate and they extend to the appointment, powers and functioning of CVC, CBI and ED all designed to insulate the said institutions from political control and to invest them with good amount of independence coupled with accountability.

Vineet Narain & Others Vs Union Of India & Another on 18 December, 1997

Citation: [1998 CRI LJ 1208], [1997 SUPREME 10 476], [1998 SLT 1 518], [1997 SCALE 7 656], [1996 AWC SC 1 465], [1998 CRLJ 104 1208], [1998 CCR 1 190], [1998 AIR SC 889], [1998 AIR SC 645], [1998 SCC CR 307], [1998 SCC 1 226], [1997 JT SC 10 247], [1998 CRIMES 1 12], [1997 SUPP SCR 6 595], [1998 GLT 1 11], [1998 RCR CRIMINAL 1 357], [1998 SCC CRI 307]

Other Source links:

https://indiankanoon.org/doc/1203995/

https://www.casemine.com/judgement/in/5609ad17e4b0149711410838#7

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 3-Judge (Full) Bench Decision Article 21 - Protection of life and personal liberty Catena of Landmark Judgments Referred/Cited to Landmark Case Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order Vineet Narain and Others Vs Union Of India and Another | Leave a comment

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