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Shades of Knife

True Colors of a Vile Wife

Tag: Sensational Or Peculiar Cases

Bhagyashri Jagdish Jaiswal Vs Jagdish Sajjanlala Jaiswal and Anr on 26 Feb 2022

Posted on April 1, 2022 by ShadesOfKnife

A single judge bench held that Section 25 of HMA 1955 can be filed after passing of divorce decree.

From Para 14,

14. A conjoint reading of both the provisions, would reveal that both the sections in the Act of 1955 are enabling provisions and confer a right on the indigent spouse to claim maintenance either pendente lite or in the nature of permanent alimony and maintenance.

From Para 15,

15. The words applied in Section 25 of the Act of 1955 permit any court exercising jurisdiction under this Act, i.e. under Sections 9 to 13, at the time of passing any decree or at any time subsequent thereto, on an application made to it, by either of the spouse pay to the applicant for her/his maintenance, either gross sum or monthly or periodical sums for not exceeding the life of the applicant, having regard to the income and the other property, etc. The term used “at any time subsequent thereto” cannot be made redundant, by giving constricted meaning to the words “wife or husband”, applied in Section 25 of the Act of 1955 and this can be said so, in the wake of sub-sections (2) and (3) of Section 25, which empower the court to vary, modify or rescind the amount of permanent alimony and maintenance as awarded under sub-section (1) and, on existence of the circumstances set out in sub-section (3), order granting permanent alimony and maintenance can be varied and modified or rescinded as the court may deem just and proper.
Sub-sections (2) and (3) of Section 25 are thus indicative of the fact that if at the time of decree, an application is made or at any subsequent time of the passing of the decree, an application is made, claiming maintenance by either of the spouse, the court is empowered to grant the claim, which is just and proper and the payment can be secured if necessary, by creating charge on the immoveable property of the respondent. If sub-section (1) is given a restrictive meaning as attempted to be canvassed by Mr. Thombre, then the words used “at any time subsequent thereto” would become redundant, which cannot be the intention of the legislature. The legislature does not use the words in vacuum and when it specifically permits the exercise of power of granting permanent alimony and maintenance on the court exercising jurisdiction under the Act, at the time of passing of the order or at any time subsequent thereto, it is open for the court to grant such maintenance at the time of passing the decree or even subsequent to the decree being passed. The provision cannot be read to constrict it, if the relationship between the husband and the wife is severed and as per Mr. Thombre, on divorce, they no longer remain husband and wife. Section 25 is not only restricted to a decree of divorce, but the decree can also be for restitution of conjugal rights under Section 9, the decree can also be for judicial separation under Section 10 or the decree can also be for divorce under Section 13 or the decree can also be for a divorce by mutual consent under Section 13B. In the contingency other than the one covered by a decree of divorce, the parties are still husband and wife, when a decree for restitution of conjugal rights or judicial separation is passed. The scope of Section 25, therefore, cannot be restricted by holding that on divorce / dissolution of marriage, the wife or the husband cannot bring such proceedings.

Bhagyashri Jagdish Jaiswal Vs Jagdish Sajjanlala Jaiswal and Anr on 26 Feb 2022

Citations :

Other Sources :

 

Posted in High Court of Bombay Judgment or Order or Notification | Tagged 1-Judge Bench Decision Bhagyashri Jagdish Jaiswal Vs Jagdish Sajjanlala Jaiswal and Anr HM Act 13 - Divorce Granted to Wife HM Act 24 - Interim Maintenance Allowed to Husband HM Act 25 – Permanent Alimony Allowed Legal Procedure Explained - Interpretation of Statutes Sensational Or Peculiar Cases | Leave a comment

Nasruddin Mian Vs State of Bihar on 21 Jun 2021

Posted on July 4, 2021 by ShadesOfKnife

A division bench of Patna High Court held that this is not how a judgment is to be written, while acquitting a husband from a conviction given for the alleged offence of murdering his wife.

78. The judgment under consideration is an example of how not to write a judgment. It has repeatedly been emphasized by the Supreme Court that the Courts and Judges must make a dispassionate assessment of evidence and that the Courts and Judges should not be swayed by the horror of crime and the character of the person. The judgment should be made by a Judge uninfluenced by his own imagined norms of the functioning of the society.
79. The Trial Court ought to have avoided the sweeping and disparaging remarks made in para 42 of its judgment regarding the conduct of the appellants.
80. I fail to see as to how the Trial Court held in para 44 of its judgment that the charge was framed against the appellants under Section 498-A of the IPC after the informant filed an application for addition to the original charge. The order dated 08.05.2017 passed by the Trial Court, which has been extracted hereinabove, would clearly show that the original charge under Sections 498-A, 306 and 201/34 of the IPC was altered to Sections 304-B, 302 and 201/34 of the IPC. The trial court did not allow the prayer of the informant regarding addition of Sections 304-B and 302 of the IPC to the original charge already framed against them meaning thereby that due to alteration of the original charge vide order dated 08.05.2017, the charge under Sections 498-A and 306 became non-existent.
81. As a matter of fact, for all practical purposes, after alteration of the charge, the appellants were being tried only for the offences punishable under Sections 304-B, 302 and 201/34 of the IPC.
82. Surprisingly, in para 43 of the judgment, the Trial Court held that the case under Section 306 of the IPC is not made out. After alteration of charge, since there was no charge under Section 306 of the IPC, there was no occasion for the Trial Court to have recorded such finding in respect of Section 306 of the IPC.
83. Evidently, while passing the impugned judgment, the Trial Court had misconceived that the appellants were also being tried for the original charge framed under Sections 498-A and 306 of the IPC.
84. While saying so, I am mindful of the judgment of the Supreme Court in Shanti Vs. State of Haryana, since reported in (1991) 1 SCC 371, wherein it has been held that Sections 304-B and 498-A of the IPC are not mutually exclusive. They deal with two distinct offences. A person charged and acquitted under Section 304-B of the IPC can be convicted under Section 498-A of the IPC without charge being framed, if such a case is made out. But from the point of view of practice and procedure and to avoid technical defects, it is necessary in such cases to frame charges under both
the sections and if the case is established against the accused, they can be convicted under both the Sections but no separate sentence need be awarded under Section 498-A in view of the substantive sentence being awarded for the major offence under Section 304-B.

Nasruddin Mian Vs State of Bihar on 21 Jun 2021

Citations :

Other Sources :

https://indiankanoon.org/doc/193472418/

Posted in High Court of Patna Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Catena of Landmark Judgments Referred/Cited to Judicial Discipline Judiciary Antics Nasruddin Mian Vs State of Bihar Reportable Judgement or Order Sensational Or Peculiar Cases | Leave a comment

Sameer Datta Kadam Vs Supriya Sameer Kadam

Posted on June 30, 2021 by ShadesOfKnife

Interim Maintenance of 5 lakhs per month was granted by Trial Court which was challenged at Bombay High Court. High Court did not find any error in the Interim Order of the trial Court. It held that the Trial Court rightly gave reasons for granting the interim maintenance from the date of application instead of from the date of Order.

Sameer Datta Kadam Vs Supriya Sameer Kadam on 10 Jan 2019

Citations :

Other Sources :

https://indiankanoon.org/doc/42033330/

https://www.legitquest.com/case/sameer-datta-kadam-v-supriya-sameer-kadam/1E27A6


Supreme Court also denied to interfere into the Interlocutory Order but extended the time to settle the arrears from 4 weeks to 8 weeks.

Sameer Datta Kadam Vs Supriya Sameer Kadam on 08 Feb 2019

Source:

https://indiankanoon.org/doc/83077908/

Posted in High Court of Bombay Judgment or Order or Notification | Tagged HM Act 24 – Interim Maintenance Granted Sameer Datta Kadam Vs Supriya Sameer Kadam Sensational Or Peculiar Cases | Leave a comment

Juhi Chawla and Ors Vs Science and Engineering Research Board and Ors on 04 Jun 2021

Posted on June 5, 2021 by ShadesOfKnife

Justice J R Midha of Delhi High Court dustbinned the frivolous case of Juhi Chawla and her friends alleging that 5G technology must not be allowed in India unless it is declared as “safe“; And levied a cost of Rs.20,00,000/- to be paid along with the Court fee that did not file at the Registry!!!

Juhi Chawla and Ors Vs Science and Engineering Research Board and Ors on 04 Jun 2021
Posted in High Court of Delhi Judgment or Order or Notification | Tagged 1-Judge Bench Decision Dismissed with Costs Juhi Chawla and Ors Vs Science and Engineering Research Board and Ors PIL - Frivoluos Sensational Or Peculiar Cases | Leave a comment

Pidathala Satyam Babu Vs State of Andhra Pradesh on 13 Jan 2013

Posted on March 16, 2021 by ShadesOfKnife

 

Pidathala Satyam Babu Vs State of Andhra Pradesh on 13 Jan 2013_compressed

Citations :

Other Sources :

https://indiankanoon.org/doc/36915031/

 

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged Grant Compensation For False Prosecution IPC 302 IPC 376 - Punishment for rape Pidathala Satyam Babu Vs State of Andhra Pradesh Sensational Or Peculiar Cases Work-In-Progress Article | Leave a comment

Bhushan Kumar and Anr Vs State (NCT of Delhi) and Anr on 4 April 2012

Posted on December 29, 2020 by ShadesOfKnife

A 2-judge Division Bench held that Quash petition is maintainable even though this instant matter is dismissed on merits.

From Para 5,

5) The questions which arise for consideration in these appeals are:
(a) Whether taking cognizance of an offence by the Magistrate is same as summoning an accused to appear?
(b) Whether the Magistrate, while considering the question of summoning an accused, is required to assign reasons for the same?

From Para 7,

7) In S.K. Sinha, Chief Enforcement Officer vs. Videocon International Ltd. & Ors., (2008) 2 SCC 492, the expression “cognizance” was explained by this Court as it merely means“become aware of” and when used with reference to a court or a Judge, it connotes “to take notice of judicially”. It indicates the point when a court or a Magistrate takes judicial notice of an offence with a view to initiating proceedings in respect of such offence said to have been committed by someone. It is entirely a different thing from initiation of proceedings; rather it is the condition precedent to the initiation of proceedings by the Magistrate or the Judge. Cognizance is taken of cases and not of persons.

From Para 8 (Very Imp)

8) Under Section 190 of the Code, it is the application of judicial mind to the averments in the complaint that constitutes cognizance. At this stage, the Magistrate has to be satisfied whether there is sufficient ground for proceeding and not whether there is sufficient ground for conviction. Whether the evidence is adequate for supporting the conviction can be determined only at the trial and not at the stage of enquiry. If there is sufficient ground for proceeding then the Magistrate is empowered for issuance of process under Section 204 of the Code.

From Para 9,

9) A summon is a process issued by a Court calling upon a person to appear before a Magistrate. It is used for the purpose of notifying an individual of his legal obligation to appear before the Magistrate as a response to violation of law. In other words, the summons will announce to the person to whom it is directed that a legal proceeding has been started against that person and the date and time on which the person must appear in Court. A person who is summoned is legally bound to appear before the Court on the given date and time. Willful disobedience is liable to be punished under Section 174 IPC. It is a ground for contempt of court.

From Paras 10 and 11, (Very IMP)

10) Section 204 of the Code does not mandate the Magistrate to explicitly state the reasons for issuance of summons. It clearly states that if in the opinion of a Magistrate taking cognizance of an offence, there is sufficient ground for proceeding, then the summons may be issued. This section mandates the Magistrate to form an opinion as to whether there exists a sufficient ground for summons to be issued but it is nowhere mentioned in the section that the explicit narration of the same is mandatory, meaning thereby that it is not a pre-requisite for deciding the validity of the summons issued.
11) Time and again it has been stated by this Court that the summoning order under Section 204 of the Code requires no explicit reasons to be stated because it is imperative that the Magistrate must have taken notice of the accusations and applied his mind to the allegations made in the police report and the materials filed therewith.

Bhushan Kumar and Anr Vs State (NCT of Delhi) and Anr on 4 April 2012

Citations : [2012 RCR CRIMINAL SC 2 794], [2012 SUPREME 2 699], [2012 BOMCR CRI SC 4 138], [2012 SLT 3 221], [2012 AIR SC 1747], [2012 SCALE 3 191], [2012 AIOL 161], [2012 CRIMES SC 2 101], [2012 CRLJ SC 2286], [2012 AIR SC 2476], [2012 SCALE 4 191], [2012 SCC 5 424], [2012 SCC CRI 2 872], [2012 JT 4 127], [2012 SCC ONLINE SC 325], [2012 AIC 113 116], [2012 UC 2 1121], [2012 JCR SC 2 269], [2012 ACR SC 2 1514], [2012 LW CRL 2 33], [2012 PLJR 2 422], [2012 JLJR 2 307], [2012 RLW SC 3 2467], [2012 SCC 5 422], [2012 DRJ 130 225], [2012 ALT CRI SC 3 223], [2012 AIR SCW 2476], [2012 DLT SC 189 252]

Other Sources :

https://indiankanoon.org/doc/71570434/

https://www.casemine.com/judgement/in/5609af1de4b0149711415a6b

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Bhushan Kumar and Anr Vs State (NCT of Delhi) and Anr Catena of Landmark Judgments Referred/Cited to CrPC 190 - Cognizance of Offences by Magistrates CrPC 204 - Issue of Process CrPC 239 - Discharge CrPC 482 - Quash Landmark Case Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order Sensational Or Peculiar Cases | Leave a comment

[email protected] Vs The State of Rajasthan and Ors on 12 Apr 2014

Posted on December 4, 2020 by ShadesOfKnife

A academic query was posed to the High Court in these batch of Revisions as follows.

The thrust of the accused-petitioners in their arguments is to the effect that if charges under POCSO Act, 2012 do not survive then the case from the Special Court ( Sessions Judge, Jodhpur District, Jodhpur, who is trying the cases of POCSO Act, 2012) may be transferred to the regular Sessions Court where presumption under Sections 29 and 30 of POCSO Act, 2012 will not be available against the petitioner and the accused-petitioners will be benefited accordingly.

And then after perusing provisions of POCSO Act, Juvenile Justice Act, IPC, the Court observed and ordered as follows:

It has been argued on behalf of accused [email protected] that at the most his conduct may come within the definition of attempted fellatio and he cannot be charged for the offence of fellatio. The conduct of the accused asking the girl to suck his organ is called fellatio. Had the girl started sucking his organ, it would have been argued that it was her consensual act. Certainly the charge of attempt to fellatio is graver offence than the fellatio itself. So, the charge even if it relates to fellatio, it will cover the charge of attempted fellatio and the accused is not going to be prejudiced when the charge of fellatio has been framed against him in place of attempted fellatio. Some times the prosecutrix, who is a minor girl may hesitate to tell complete truth before the Investigating Officer and many a times it happens in such type of cases that the prosecutrix unfolds the complete truth only during the camera trial when she is assured that nobody will be able to cause any harm to her because of her statement. Hon’ble the Supreme Court has mandated that in cases of Section 304 B IPC, a charge of Section 302 IPC should also be framed against the accused and on the same logic, this Court hereby directs all the trial courts in Rajasthan that in all cases of attempt to commit rape, a charge for the offence of rape should also be framed against the accused so that, at the stage of conclusion of the trial, the Court may not have to undertake tedious process of amendment of charge and recalling the witnesses causing serious prejudice to the cause of justice in such cases.

 

[email protected] Vs The State of Rajasthan and Ors on 12 Apr 2014

Citations : [2014 SCC ONLINE RAJ 1812], [2014 RLW 3 2596], [2014 WLC 4 481]

Other Sources :

https://indiankanoon.org/doc/83475160/

https://www.casemine.com/judgement/in/56ea742f607dba36cc74581c

Posted in High Court of Rajasthan Judgment or Order or Notification | Tagged Asaram Bapu Case [email protected] Vs The State of Rajasthan and Ors IPC 376 - Punishment for rape Legal Procedure Explained - Interpretation of Statutes POCSO Act Sec 29 - Burden of Proof on Accused POCSO Act Sec 30 - Presumption of culpable mental state Sensational Or Peculiar Cases | Leave a comment

Kovelamudi Kanika Dhillon Vs Kovelamudi Surya Prakash Rao on 26 Oct 2020

Posted on November 3, 2020 by ShadesOfKnife

Film maker K Raghavendra Rao’s son Prakash Kovelamudi‘s MCD case disposed of by Bombay High Court, waiving of 6-month cooling period as decided here, as his wife Kanika Dhillon was pregnant with another man.

Kovelamudi Kanika Dhillon Vs Kovelamudi Surya Prakash Rao on 26 Oct 2020

 

Posted in High Court of Bombay Judgment or Order or Notification | Tagged 6 Months Cooling Period is Directional and not Mandatory Kovelamudi Kanika Dhillon Vs Kovelamudi Surya Prakash Rao Mutual Consent Divorce Sensational Or Peculiar Cases | Leave a comment

Giribabu Marthi Vs Union of India on 15 April 2020

Posted on May 8, 2020 by ShadesOfKnife

A practicing Advocate at AP High Court has prayed for arrangement of Rs 1 lakh interest free personal loan per advocate, to be repayable in 10 EMIs, after the situation become corona free. Notice was issued as under.

Giribabu Marthi Vs Union of India on 15 April 2020
Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged Advocate Antics COVID-19 Cases Giribabu Marthi Vs Union of India Loans for Advocates Sensational Or Peculiar Cases | Leave a comment

Azra Ismail Vs UT of Jammu and Kashmir on 05 May 2020

Posted on May 6, 2020 by ShadesOfKnife

High Court of Jammu and Kashmir has given a detailed analysis and conclusions (and limitations it has to implement the conclusions itself) on a 148-year old tradition in Jammu and Kashmir called as Darbar Move. More details here.

Azra Ismail Vs UT of Jammu and Kashmir on 05 May 2020
Posted in High Court of Jammu & Kashmir & Ladakh Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Azra Ismail Vs UT of Jammu and Kashmir Darbar Move Issued or Recommended Guidelines or Directions or Protocols to be followed Sensational Or Peculiar Cases | Leave a comment

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