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Shades of Knife

True Colors of a Vile Wife

Tag: Statement of Objects and Reasons

Narain Khamman Vs Parduman Kumar Jain on 19 Oct 1984

Posted on July 15, 2021 by ShadesOfKnife

A division bench of Apex Court held the purpose for which the Statement of Objects and Reasons of a Bill may be replied upon.
From Para 12,

12. It is now well settled that though the Statement of Objects and Reasons accompanying a legislative Bill cannot be used to determine the true meaning and effect of the substantive provisions of a statute, it is permissible to refer to the Statement of Objects and Reasons accompanying a Bill for the purpose of understanding the background, the antecedent state of affairs, the surrounding circumstances in relation to the statute, and the evil which the statute sought to remedy.

Narain Khamman Vs Parduman Kumar Jain on 19 Oct 1984

Citations : [1985 AIR SC 4], [1985 SCR 1 1025], [1984 SCALE 2 650], [1985 SCC 1 1], [1985 UJ 17 422], [1985 UJ SC 422]

Other Sources :

https://indiankanoon.org/doc/1258047/

https://www.casemine.com/judgement/in/5609ac15e4b014971140dfc3

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Landmark Case Legal Procedure Explained - Interpretation of Statutes Narain Khamman Vs Parduman Kumar Jain Statement of Objects and Reasons | Leave a comment

AP Capital Region Development Authority Repeal Act, 2020

Posted on April 30, 2020 by ShadesOfKnife

This is the Bill passed in AP Assembly to repeal the AP CRDA Act 2014. This one got stalled in the Legislative Council (Upper House of AP Legislature).

AP Capital Region Development Authority Repeal Act, 2020 (with OR)

The twin for the above Bill is here.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged AP Capital Region Development Authority Repeal Act 2020 Statement of Objects and Reasons | Leave a comment

AP Decentralization and Inclusive Development of All Regions Act, 2020

Posted on April 30, 2020 by ShadesOfKnife

This is the Andhra Pradesh Decentralization and Inclusive Development of All Regions Bill, 2020 that got passed in Legislative Assembly of A.P. but fortunately got stalled in the Legislative Council (Upper House of AP Legislature).

AP Decentralization and Inclusive Development of All Regions Act, 2020 (with OR)

The twin for the above Bill is here.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged AP Decentralization and Inclusive Development of All Regions Act 2020 Statement of Objects and Reasons | 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 Reportable Judgement or Order Rupali Devi Vs State of UP and Ors Statement of Objects and Reasons | Leave a comment

Ramu Singh Tomar & Ano. v. Smt. Bhuri Bai on 15 February, 2017

Posted on December 25, 2018 by ShadesOfKnife

In this judgment from Madhya Pradesh High Court, it was held that “monetary relief is not restricted to maintenance only. In fact it is the monetary relief to meet the expenses and losses suffered. However, as the monetary relief can be granted towards loss of earnings, medical expenses, for expenses incurred and losses suffered by the aggrieved person, therefore, it cannot be said that the lump sum amount of Rs. 15,000 so awarded by the Appellate Court was only by way of Maintenance Amount.”

Ramu Singh Tomar & Ano. v. Smt. Bhuri Bai on 15 February, 2017

 

Posted in High Court of Madhya Pradesh Judgment or Order or Notification | Tagged Protection of Women from Domestic Violence Act 2005 PWDV Act Sec 2(q) – ‘Adult Male’ Words Struck Down by SC - Any Person Can Be Respondent In PWDV Case Ramu Singh Tomar and Ano. Vs Smt. Bhuri Bai Statement of Objects and Reasons | Leave a comment

PWDV Act – Statement of Objects and Reasons

Posted on December 1, 2018 by ShadesOfKnife

This is the Statement of Objects and Reasons of PWDV Act

Protection of Women from Domestic Violence Act 2005 O&R - Gaz

 

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged Protection of Women from Domestic Violence Act 2005 Statement of Objects and Reasons | Leave a comment

MWPSC Act – Statement of Objects and Reasons

Posted on December 1, 2018 by ShadesOfKnife

This is the Statement of Objects and Reasons of MWPSC Act

Maintenance and Welfare of Parents and Senior Citizens Act - Objects and Reasons

 

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged Maintenance and Welfare of Parents and Senior Citizens Act 2007 Statement of Objects and Reasons | Leave a comment

Shail Kumari Devi & Anr Vs Krishan Bhagwan Pathak on 28 July, 2008

Posted on August 1, 2018 by ShadesOfKnife

Landmark judgment from Apex Court here around the Sec 125 CrPC and few more details.

From Para 16,

Bare reading of sub-section (1) of Section 125 leaves no room for doubt that if any person having sufficient means, neglects or refuses to maintain his wife who is unable to maintain herself or his legitimate (or illegitimate) child (children) unable to maintain itself (themselves), or his father, or mother, unable to maintain himself or herself, a Court, upon proof of negligence or refusal, order such person to pay maintenance to his wife or child (children) or parents, as the case may be. It is also clear that maximum amount which could be ordered to be paid was Rs.500/- p.m. which was clear from the expression “not exceeding Rs.500/- in the whole”.

From Para 18,

By the Code of Criminal Procedure (Amendment) Act, 2001 (Act 50 of 2001), subsections (1) and (2) came to be amended with effect from September 24, 2001. The amended sub-sections now read thus:

…..

a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate, as such Magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct:

How the interim maintenance’ came to be about?

So far as ‘interim’ maintenance is concerned, it is true that Section 125 of the Code as it originally enacted did not expressly empower the Magistrate to make such order and direct payment of interim maintenance. But the Code equally did not prohibit the Magistrate from making such order. Now, having regard to the nature of proceedings, the primary object to secure relief to deserted and destitute wives, discarded and neglected children and disabled and helpless parents and to ensure that no wife, child or parent is left beggared and destitute on the scrap-heap of society so as to be tempted to commit crime or to tempt others to commit crime in regard to them, it was held that the Magistrate had ‘implied power’ to make such order. The jurisdiction of the Magistrate under Chapter IX (Order for Maintenance of Wives, Children and Parents) is not strictly criminal in nature. Moreover, the remedy provided by Section 125 of the Code is a summary remedy for securing reasonable sum by way of maintenance subject to a decree passed by a competent civil Court. Hence, in absence of any express bar or prohibition, Section 125 could be interpreted as conferring power by necessary implication to make interim order of maintenance subject to final outcome in the application.

Golden Words

Again, maintenance is a right which accrues to a wife against her husband the minute the former gets married to the latter. It is not only a moral obligation but is also a legal duty cast upon the husband to maintain his wife. Hence, whenever a wife does not stay with her husband and claims maintenance, the only question which the Court is called upon to consider is whether she was justified to live separately from her husband and still claim maintenance from him? If the reply is in the affirmative, she is entitled to claim maintenance.

Shail Kumari Devi & Anr Vs Krishan Bhagwan Pathak on 28 July, 2008

Citations : [2008 CRLJ SC 3881], [2008 AIR SC 5063], [2008 AIOL 871], [2008 SCR 11 386], [2008 ANJ SC SUPP 2 70], [2009 BOMCR SC SUPP 1 324], [2008 SCC CRI 3 839], [2008 JT 8 227], [2008 SCALE 10 602], [2008 AIR SC 3006], [2008 SCC 9 632], [2008 KERLT 3 576], [2008 AIR SCW 5063]

Other Sources:

https://indiankanoon.org/doc/1952766/

https://www.casemine.com/judgement/in/5609ae64e4b0149711413b53

Posted in Supreme Court of India Judgment or Order or Notification | Tagged CrPC 125 - Order for Maintenance of Wives Children and Parents CrPC 354 - Language and contents of judgment Landmark Case Legal Procedure Explained - Interpretation of Statutes PWDV Act 20 - Maintenance From Date of Application Or Petition PWDV Act 20 - Maintenance From Date of Order Reportable Judgement or Order Shail Kumari Devi and Anr Vs Krishan Bhagwan Pathak Statement of Objects and Reasons | Leave a comment

Kunapareddy @ Nookala Shanka Balaji Vs Kunapareddy Swarna Kumari On 18 April, 2016

Posted on July 19, 2018 by ShadesOfKnife

Legal point explained: Court (Civil and Criminal) can allow amendments to the complaint/petition, before cognizance of same is taken by Court, either to a curable infirmity or the same cannot be corrected by a formal amendment or if there is likelihood of prejudice to the other side, then the Court shall not allow such amendment in the complaint

This is a judgment from Hon’ble Supreme Court  where in the issue that arises is whether a court dealing with the petition/complaint filed under the provisions of the Domestic Violence Act, 2005 (hereinafter referred to as ‘the DV Act’) has power to allow amendment to the petition/complaint originally filed.

Original reliefs requested in DV Case

“a) to provide protection to the life and limb of the complainant in the hands of the respondents;
b) to grant monthly maintenance of Rs. 5,000/- to the complainant and her children each towards her maintenance, medicines etc. and her children education and maintenance;
c) to grant such other relief or reliefs if the Hon’ble Court deems fit and proper in the circumstances of the case.”

These are the dole outs the begging knife requested Court to allow in this instant amendment petition

a) To provide protection to life and limb of the complainant in the hands of the respondent.
b) To grant monthly maintenance of Rs. 15,000/- to the complainant and her 2nd child to their maintenance instead of Rs.5000/-
c) Direct the respondent to return the Sridhana amount of Rs.3,00,000/- and 15 sovereigns of gold ornaments and other sari samanas and marriage batuvu presented to the respondent worth about 2 overeigns wrist watch, 7 sovereign gold chain presented by the complainant and her parents.
d) Direct the respondent to pay the compensation of Rs.15 lakhs to the complaint for subjecting the compliant to physical and mental harassments besides including acts of Domestic Violence.
e) Direct the respondent to return the sari samans and other goods like worth more than Rs.10,00,000/- as per the list annexed herewith.

f) Direct the respondent to pay the cost of, litigation to the tune of Rs.25,000/- so far spent by the complainant persuing her litigation.
g) Direct the 1st respondent to provide separate residence by taking rent portion with monthly rent of Rs.10,000/-
h) Directing the respondent to return the original study certificates, medical certificates, deposits certificates and receipts etc.

in the prayer portion paragraphs the following amendment by deleting the prayer original para
b) to grant monthly maintenance of Rs.5,000/- to the complainant and her children each towards her maintenance, medicines etc. and her children education and maintenance.”

Kunapareddy @ Nookala Shanka Balaji Vs Kunapareddy Swarna Kumari On 18 April, 2016

Citations: [2016 SCC ONLINE SC 531]

Other Source links:

https://www.casemine.com/judgement/in/5790b4f1e561097e45a4e644


Case Index is here.


The index page for DV Cases is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Amendment In Civil Case Amendment In Criminal Case Avoid Multiplicity Of Litigation Kunapareddy @ Nookala Shanka Balaji Vs Kunapareddy Swarna Kumari Protection of Women from Domestic Violence Act 2005 Statement of Objects and Reasons Work-In-Progress Article | Leave a comment

Hiral P Harsora and Ors Vs Kusum Narottamdas Harsora and Ors on October 6, 2016

Posted on May 21, 2018 by ShadesOfKnife

This landmark judgment from Justice R.F. Nariman and Justice Kurian Joseph at Hon’ble Supreme Court has struck down the words “adult male” appearing in Section 2(q) of the Act as discriminatory.

 

Hiral P Harsora and ors Vs. Kusum Narottamdas Harsora & Ors on October 6, 2016

Citation: [2016 SCC OnLine SC 1118] or [(2016) 10 SCC 165]

Other Source links: https://indiankanoon.org/doc/114237665/


More than 5 years back, Supreme Court has actually held that Women can also be made respondents in a DV case here.


The index page is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Hiral P Harsora and Ors Vs. Kusum Narottamdas Harsora and Ors Landmark Case No Shared Household Protection of Women from Domestic Violence Act 2005 PWDV Act Sec 2(q) – ‘Adult Male’ Words Struck Down by SC - Any Person Can Be Respondent In PWDV Case Statement of Objects and Reasons | Leave a comment

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