X Vs Y on 2 November, 2018

Posted on January 17 by ShadesOfKnife

In this case before Hon’ble Bombay High Court, it was held that the word impotent when used in pleadings is sufficient to hold that defamation to husband has been done.

The statement made in the pleading is “The petitioner wanted to avoid writing this in this petition but the conduct of the respondent compels her to write that the respondent is an impotent person and the child was born by medical ovulation period technique as was suggested by the gynecologist.“

From Para 24,

Reading the afore-stated allegation as it is and without adding anything to it or subtracting anything from it prima facie, one gets an impression that it is per se defamatory in character and has been, prima facie, calculated to cause harm or injury to the reputation of the non-applicant. It also gives an impression that apparently it has been made with consciousness about the repercussion that such a statement would have on the life of the non-applicant. Even if the expression “impotent person”, as the learned Counsel for the applicant would like this Court to do, is read in all its contextual setting, in particular, in the context of the birth of the child by adopting a medical procedure on the suggestion of the Gynecologist, still the apparent harm that the expression “impotent person” causes, is not diluted or washed out. This is for the reason that prima facie the word “impotent” when understood in it’s plain and grammatical sense, reflects adversely upon the manhood of a person and has a tendency to invite derisive opinions about such person from others and, therefore, use of such word and its publication as contemplated under Section 499 of IPC would be sufficient to constitute, in a prima facie manner, the offence of defamation punishable under Section 500 of IPC. Now, if the non-applicant submits that this word has been used by her in some different sense denoting medical condition of the non-applicant affecting the process of conception, it would be a matter of evidence to be proved accordingly. At this stage, the meaning apparently indicated by the word would have to be taken as it is. Then, such imputation has been made by filing a writ petition and, therefore, the other ingredient of publication is also fulfilled in the present case. Therefore, prima facie, the offence punishable under Section 500 of IPC is made out in this case.

X Vs Y on 2 November, 2018

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Sopan @ Dnyandeo Maruti Bawadkar Vs The State of Maharashtra on 05 November, 2012

Posted on December 13, 2018 by ShadesOfKnife

In this judgment delivered by Hon’ble Bombay High Court, it was held that the accused be given benefit of doubt in the criminal case of 498a IPC, as the depositions of the complainant and other prosecution witnesses is either hearsay or different from what is averred in the original complaint/FIR.

Sopan @ Dnyandeo Maruti Bawadkar Vs The State of Maharashtra on 05 November, 2012

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Kharak Singh Vs The State Of U.P. & Others on 18 December, 1962

Posted on December 10, 2018 by ShadesOfKnife

In this landmark judgment from Hon’ble Supreme Court, it was held that “We have already extracted a passage from the judgment of Field, J. in Munn v. Illinois (1), where the learned judge pointed out that “life” in the 5th and 14th Amendments of the U. S. Constitution corresponding to Art. 21, means not merely the right to the continuance of a person’s animal existence, but a right to the possession of each of his organs-his arms and legs etc. We do not entertain any doubt that the word “’life” in Art. 21 bears the same signification.”

In our view cl. (b) of Regulation 236 is plainly violative of Art. 21’ and as there is no “law” on which the same could be justified it must be struck down as unconstitutional.

This petition raises a question of far-reaching importance. namely, a right of a citizen of India to lead a free life subject to social control imposed by valid law. The fact that the question has been raised at the instance of an alleged disreputable character shall not be allowed to deflect our perspective. If the police could do what they did to the petitioner, they could also do the same to an honest and law-abiding citizen.

Let us at the outset clear the ground. We are not concerned here with a law imposing restrictions on a bad character, for admittedly there is no such law. Therefore, the petitioner’s fundamental right, if any, has to be judged on the basis that there is no such law. To state it differently, what fundamental right of the petitioner has been infringed by the acts of the police? If he has any fundamental right which has been infringed by such acts, he would be entitled to a relief straight away, for the State could not justify it on the basis of any law made by the appropriate Legislature or the rules made thereunder.

Discussion around infringement of both Articles 19 and 21

At this stage it will be convenient to ascertain the scope of the said two provisions and their relation inter se in the context of the question raised. Both of them are distinct fundamental rights. No doubt the expression “personal liberty” is a comprehensive one and the right to move freely is an attribute of personal liberty. It is said that the freedom to move freely is carved out of personal liberty and, therefore, the expression “personal liberty” in Art. 21 excludes that attribute. In our view, this is not a correct approach. Both are independent fundamental rights, though there is overlapping. There is no question of one being carved out of another. The fundamen. tal right of life and personal liberty have many attributes and some of them are found in Art. 19. If a Person’s fundamental right under Art. 21 is infringed, the State can rely upon a law to sustain the action; but that cannot be a complete answer unless the said law satisfies the test laid down in Art. 19 (2) so far as the attributes covered by Art. 19 (1) are concerned. In other words, the State must satisfy that both the fundamental rights are not infringed by showing that there is a law and that it does amount -to a reasonable restriction. within the meaning of Art. 19 (2) of the Constitution. But in this case no such defence is available, as admittedly there is no such law. So the petitioner can legitimately plead that his fundamental rights both under Art. 19 (1) (d) and Art. 21 are infringed by the State.

Discussion around Article 21

We would, therefore, define the right of personal liberty in Art. 21 as a right of an individual to be free from restrictions or encroachments on his person, whether those restrictions or encroachments are directly imposed or indirectly brought about by calculated measures. If so understood, all the acts of surveillance under,Regulation 236 infringe the fundamental right of the petitioner under Art. 21 of the Constitution.

Kharak Singh Vs The State Of U.P. & Others on 18 December, 1962

Citation: 1963 AIR 1295, 1964 SCR (1) 332

Indiankanoon link: https://indiankanoon.org/doc/619152/

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S.Anand Vs Vasumathi Chandrasekar on 14 February, 2008

Posted on November 7, 2018 by ShadesOfKnife

Crucial judgment from Hon’ble Apex Court in regards to when can a case be dismissed for default under 256 CrPC.

In simple terms, if the examination/enquiry stage has started in a case and then there is absenteeism from complainant, Hon’ble magistrate is expected to proceed with the case on merit and dispose it accordingly. Dismissal for default is not to be invoked at the stage.

From Para 10,

Section 256 of the Code provides for disposal of a complaint in default. It entails in acquittal. But, the question which arises for consideration is as to whether the said provision could have been resorted to in the facts of the case as the witnesses on behalf of complainant have already been examined.

From Para 13,

Furthermore, when the prosecution has closed its case and the accused has been examined under Section 311 of the Code of Criminal Procedure, the court was required to pass a judgment on merit of the matter.

S.Anand Vs Vasumathi Chandrasekar on 14 February, 2008

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A.Sujatha Vs C.Nagaraju on 29 January, 2016

Posted on November 4, 2018 by ShadesOfKnife

A well-reasoned judgment from Hon’ble First Class Magistrate ably supported by a catena of judgments held that this DVC was an attempt by the knife to usurp the property and nothing to do with domestic violence.

Last nail in the coffin on the money-hungry, gold-diggin knife:

When she is having capacity to maintain herself then extending her palm for the alms of the respondent is highly un-acceptable. So as per the Domestic Violence Act, though it is a beneficial legislation but the basic principles cannot be deviated under the facts and circumstances of this case and the petitioner is not entitled to claim any maintenance and for residence.

A.Sujatha Vs C.Nagaraju on 29 January, 2016

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Gian Singh Vs State Of Punjab & Anr on 24 September, 2012

Posted on October 18, 2018 by ShadesOfKnife

The legal contention to be decided authoritatively in this case in front of Apex Court is that “it should not be understood to have meant that Judges can quash any kind of criminal case merely because there has been a compromise between the parties. After all, a crime is an offence against society, and not merely against a private individual”.

This was referred from a 2-judge bench of Apex Court to decide the issue authoritatively and dissolve the ambiguity, if any.

Some or all of the following tests may be relevant to decide whether to quash or not to quash the criminal proceedings in a given case;

(a) the nature and gravity of case;

(b) does the dispute reflect overwhelming and predominantly civil flavour;

(c) would the quashing involve settlement of entire or almost the entire dispute;

(d) the compromise/settlement between parties and/or other facts and the circumstances render possibility of conviction remote and bleak;

(e) not to quash would cause extreme injustice and would not serve ends of justice and

(f) not to quash would result in abuse of process of court.

Gian Singh Vs State Of Punjab & Anr on 24 September, 2012

The key judgment cited in this judgment is here.

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Mahipal Singh Rana Vs State Of U.P on 5 July, 2016

Posted on October 17, 2018 by ShadesOfKnife

What can I say about this case and the advocate involved? Read for yourself.

Mahipal Singh Rana Vs State Of U.P on 5 July, 2016

Some news articles around this advocate here and here.

Mohit Yadam Vs State of A.P. on 13 November, 2009

Posted on October 15, 2018 by ShadesOfKnife

In this well-reasoned judgment from Hon’ble High Court of Andhra Pradesh, it was held that in addition to the approach courts should take while considering whether the main Act as well as its amendment are prospective or retrospective in effect.

From para 22,

If a statute does not provide an offender liable to any penalty (conviction or sentence) in favour of the state, it can be said that legislation will be classified as remedial statute. Remedial statutes are known as welfare, beneficent or social justice oriented legislations. A remedial statute receives a liberal construction. In case of remedial statutes, doubt is resolved in favour of the class of persons for whose benefit the statute is enacted. Whenever a legislation prescribes a duty or penalty for breach of it, it must be understood that the duty is prescribed in the interest of the community or some part of it and the penalties prescribed as a sanction for its purpose. None of the provisions of the Domestic Violence Act, 2005 has direct penal consequences.

Mohit Yadam Vs State of A.P. on 13 November, 2009

Ashish Dixit & Ors Vs State Of U.P. & Anr on 7 January, 2013

Posted on October 15, 2018 by ShadesOfKnife

Nice judgment from Apex Court in quashing the false DVC on relatives of husband.

Ashish Dixit & Ors Vs State Of U.P. & Anr on 7 January, 2013

Giduthuri Kesari Kumar And Others Vs State Of Telangana on 16 February, 2015

Posted on October 15, 2018 by ShadesOfKnife

A landmark quash judgment by Hon’ble High Court of Andhra Pradesh, which laid down few criteria only under which DVC quash under CrPC 482 is maintainable.

From Para 13,

The next aspect is having regard to the fact that the reliefs provided under Section 18 to 22 are civil reliefs and enquiry under Sec. 12 of D.V. Act is not a trial of a criminal case, whether the respondents can seek for quashment of the proceedings that they were unnecessarily roped in and thereby continuation of the proceedings amounts to abuse of process of Court etc., pleas. In my considered view, having regard to the facts that the scheme of the Act which provide civil reliefs and the Magistrate can lay his own procedure by not taking coercive steps in general course and the enquiry being not the trial of a criminal offence, the respondents cannot rush with 482 Cr.P.C petitions seeking quashment of the proceedings on the ground that they were unnecessarily roped in. They can establish their non involvement in the matter and non-answerability to the reliefs claimed by participating in the enquiry. It is only in exceptional cases like without there existing any domestic relationship as laid under Section 2(f) of the D.V. Act between the parties, the petitioner filed D.V case against them or a competent Court has already acquitted them of the allegations which are identical to the ones leveled in the Domestic Violence Case, the respondents can seek for quashment of the proceedings since continuation of the proceedings in such instances certainly amounts to abuse of process of Court.

Giduthuri Kesari Kumar And Others Vs State Of Telangana on 16 February, 2015

Shades Of Knife

True Colors of a Vile Wife

Tag: Sandeep Pamarati

X Vs Y on 2 November, 2018

Sopan @ Dnyandeo Maruti Bawadkar Vs The State of Maharashtra on 05 November, 2012

Kharak Singh Vs The State Of U.P. & Others on 18 December, 1962

S.Anand Vs Vasumathi Chandrasekar on 14 February, 2008

A.Sujatha Vs C.Nagaraju on 29 January, 2016

Gian Singh Vs State Of Punjab & Anr on 24 September, 2012

Mahipal Singh Rana Vs State Of U.P on 5 July, 2016

Mohit Yadam Vs State of A.P. on 13 November, 2009

Ashish Dixit & Ors Vs State Of U.P. & Anr on 7 January, 2013

Giduthuri Kesari Kumar And Others Vs State Of Telangana on 16 February, 2015