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Tag: Work-In-Progress Article

IN RE Guidelines for Court Functioning through Video Conferencing during nCOVID-19 Pandemic on 06 April 2020

Posted on April 6, 2020 by ShadesOfKnife

Here is the Order of Supreme Court where in it has frame some guidelines for it to function through Video Conferencing during nCovid-19 pandemic and even after the lockdown which was supposed to end on 14 April 2020 but got extended upto 3 May 2020.

IN RE Guidelines for Court Functioning through Video Conferencing during nCOVID 19 Pandemic-Order 06 April 2020

Here is the Record of Proceedings (ROP) for 06 April 2020

IN RE Guidelines for Court Functioning through Video Conferencing during nCOVID 19 Pandemic-ROP 06 April 2020

AP High Court has also taken up the issue of COVID-19 as a Writ Petition here.


Citations: [

Other Source links:


 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged IN RE Guidelines for Court Functioning through Video Conferencing during nCOVID 19 Pandemic Video Conferencing Work-In-Progress Article | Leave a comment

Union of India Vs R Thiyagarajan on 3 April 2020

Posted on April 6, 2020 by ShadesOfKnife

This Judgment by Justice Deepak Gupta from a 2-judge bench held in Para 18 that,

18. We also are of the view that the High Court exceeded its jurisdiction in matters like this. The High Court exercise its jurisdiction only over State(s) of which it is the High Court. It has no jurisdiction for the rest of the country. Matters like the present may be pending in various parts of the country. In the present case, matter had been decided by the Delhi High Court but some other High Court may or may not have taken different view. The High Court of Madras could not have passed such order. It has virtually usurped the jurisdiction of other High Courts in the country. It is true that sometimes this Court has ordered that all similarly situated employees may be granted similar relief but the High Court does not have the benefit of exercising the power under Article 142 of the Constitution. In any event, this Court exercises jurisdiction over the entire country whereas the jurisdiction of the High Court is limited to the territorial jurisdiction of the State(s) of which it is the High Court. The High Court may be justified in passing such an order when it only affects the employees of the State falling within its jurisdiction but, in our opinion, it could not have passed such an order in the case of employees where pan India repercussions would be involved.

This effectively means that, to challenge a Central Act such as Dowry Prohibition Act 1961 which has ramifications to entire country, one can not invoke the Writ jurisdiction of a High Court. This implies that, one has to go to Supreme Court only. This is quite contrary to the obiter dicta from Kusum Ingots judgement here given by a 3-judge bench.

Union of India Vs R Thiyagarajan on 3 April 2020

Citations: [

Other Source links: https://indiankanoon.org/doc/95720998/ or


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 Article 226 - Power of High Courts to issue certain writs One State High Court Decisions Binding On Other State High Courts Reportable Judgement or Order Union of India Vs R Thiyagarajan Work-In-Progress Article | Leave a comment

State of AP Vs Pinninti Appalareddi on 27 February 2020

Posted on March 14, 2020 by ShadesOfKnife

 

State of AP Vs Pinninti Appalareddi on 27 February 2020

Citations: [

Other Source links:


 

Posted in Vizag Series | Tagged Acquitted in IPC 498A CrPC 239 - Discharged IPC 498A - Cruelty Not Proved IPC 498a - Not Made Out Against Parents or Relatives State of AP Vs Pinninti Appalareddi Work-In-Progress Article | Leave a comment

Prakash Singh and Ors Vs Union of India and Ors on 22 September 2006

Posted on March 1, 2020 by ShadesOfKnife

In this landmark decision from Supreme Court, seed for the following Police Reforms in India were sown by the Ex-DGP Uttar Pradesh Shri Prakash Singh ji.

  • Police Complaints Authority
  • District Level Police Complaints Authority
  • State Security Commission

 

Prakash Singh and Ors Vs Union of India and Ors on 22 September 2006

Citations: [2006 JT 12 225], [2006 SCR SUPP 6 473], [2006 SCC CRI 3 417], [2006 SCALE 9 444], [2006 AIOL 639], [2006 SUPREME 8 470], [2006 SCC 8 1], [2011 SCC CRI 1 1023], [2006 KERLT 4 482], [2006 KLT 4 482]

Other Source links:

https://indiankanoon.org/doc/1090328/

https://www.casemine.com/judgement/in/5609ae2de4b0149711413181

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 3-Judge (Full) Bench Decision Landmark Case Police Reforms Prakash Singh and Ors Vs Union of India and Ors Public Interest Litigation Work-In-Progress Article | Leave a comment

Balbir Singh Vs Baljinder Kaur on 28 March, 2019

Posted on February 29, 2020 by ShadesOfKnife

Relying on Supreme Court judgment here, High Court of Punjab and Haryana held that,

It may be noticed that though the said judgment has been delivered under the Special Marriage Act, 1954, yet the legal issue being the similar as is involved in the present case, we respectfully follow the said judgment.

pdf-embedder url=”https://www.shadesofknife.in/wp-content/uploads/2020/02/Balbir-Singh-Vs-Baljinder-Kaur-on-28-March-2019.pdf” title=”Balbir Singh Vs Baljinder Kaur on 28 March, 2019″]


Citations: [2

Other Source links:


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 High Court of Punjab & Haryana Judgment or Order or Notification | Tagged Balbir Singh Vs Baljinder Kaur HM Act 11 - No Period of Limitation Swapnanjali Sandeep Patil Vs Sandeep Ananda Patil Work-In-Progress Article | Leave a comment

Asim Shariff Vs National Investigation Agency on 01 July 2019

Posted on February 16, 2020 by ShadesOfKnife

Supreme Court has held that,

19. Taking note of the exposition of law on the subject laid down by this Court, it is settled that the Judge while considering the question of framing  charge under Section 227 CrPC in sessions cases (which is akin to Section 239 CrPC pertaining to warrant cases) has the undoubted power to sift and weigh the evidence for the limited purpose of finding out whether or not a prima facie case against the accused has been made out; where the  material placed before the Court discloses grave suspicion against the accused which has not been properly explained, the Court will be fully justified  in framing the charge; by and large if two views are possible and one of them giving rise to suspicion only, as distinguished from grave suspicion  against the accused, the trial Judge will be justified in discharging him. It is thus clear that while examining the discharge application filed under Section 227 CrPC, it is expected from the trial Judge to exercise its judicial mind to determine as to whether a case for trial has been made out or not. It is true that in such proceedings, the Court is not supposed to hold a mini trial by marshalling the evidence on record.

Asim Shariff Vs National Investigation Agency on 01 July 2019

Citations: [

Other Source links: https://indiankanoon.org/doc/33080905/ Earlier High Court order: https://www.casemine.com/judgement/in/5c4c63cb9eff4364f62e246c


Index of Discharge Judgments u/s 227 Cr.P.C. 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 Asim Shariff Vs National Investigation Agency CrPC 227 - Discharge CrPC 227 - Exercise of Judicial Mind CrPC 239 - Discharge CrPC 239 - Exercise of Judicial Mind Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order Work-In-Progress Article | Leave a comment

Shyamlal Devda and Ors Vs Parimala on 02 April 2019

Posted on January 23, 2020 by ShadesOfKnife

Karnataka High Court has quashed this 498A IPC case on 11 of the accused relatives of the Husband since the complaint is full of junk vague and non-specific allegations.

Shyamlal Devda and Ors Vs Parimala on 02 April 2019

The Supreme Court had crushed another false DV case by this liar and quashed it on 11 of the accused relatives of the Husband here.


Citations: [

Other Source links: https://www.casemine.com/judgement/in/5d4be4364a9326071f285522


The Index of these cases is here.

Posted in High Court of Karnataka Judgment or Order or Notification | Tagged CrPC 482 – IPC 498A Quashed Discourage Roping In All Relatives Of In-Laws Or Distant Relatives DP Act 3 - Not Made Out DP Act 4 - Not Made Out DP Act 6 - Not Made Out Shyamlal Devda and Ors Vs Parimala Work-In-Progress Article | Leave a comment

Defamation Judgments

Posted on January 14, 2020 by ShadesOfKnife

Here I list the landmark judgments from High Courts of India and Supreme Court of India.

 

1920-1925

  1. Gopal Naidu and another Vs King-Emperor on 22 December 1922 (Bombay High Court: the purpose of the codified statute is that on any point specifically dealt with by it the law shall be ascertained by interpreting the language used; the Court is not entitled to invoke the Common Law of England in the matter of defamation)

1926-1930

  1. Tiruvengada Mudali Vs Tripurasundari Ammal on 15 February 1926 (Madras High Court: the defamatory matter contained in the plaint are accusations in nature and they do not have absolute privilege but only qualified privilege as provided by sec 499 of IPC)

 

1931-1935

 

1936-1940

 

1941-1945

 

1946-1950

 

1951-1955

 

1956-1960

 

1961-1965

  1. Thangavelu Chettiar Vs Ponnammal on 1 November, 1965 (Madras High Court: the defamatory matter contained in the plaint was  admittedly signed and filed by the petitioner. There can be no doubt that there was publication of the defamatory matter)

 

1966-1970

  1. M.C. Verghese Vs T.J. Ponnan and Anr on 13 November 1968 (Supreme Court of India:  at common law there had never been a separate principle or rule that communications between a husband and wife during marriage were inadmissible in evidence on the ground of public policy.)

 

1971-1975

  1. Balraj Khanna and Ors Vs Moti Ram on 22 Apr 1971 (Supreme Court of India:  as far as possible the words spoken or the statements actually made and which he alleges to be defamatory are before the court)

 

1976-1980

  1. Surinder Mohan Vikal Vs Ascharaj Lal Chopra on 28 Feb 1978 (defamation has to be filed with in time limitation as per 468 CrPC)

 

 

1996-2000

  1. Mukund Martand Chitnis Vs Madhuri Mukund Chitnis And on 23 April 1991 ()
  2. Dr. J.Sudarshan Vs R.Sankaran on 16 August, 1991 (Madras High Court: The Civil Court would confine its decision to the trespass, threat of injury and damage by the servants, agents and workmen of the various defendants and the entitlement of token damages by the respondent, while the criminal Court, the passage being per se defamatory, would proceed to find out whether any one of the 10 Exceptions to S. 499, I.P.C. would apply.)
  3. Shatrughna Prasad Sinha Vs Rajbhau Surajmal Rathi and Ors on 10 September 1996 (SC: Statements made were not defamatory)

 

2001-2005

 

2006-2010

  1. M.K.Prabhakaran and Anr Vs T.E.Gangadharan and Anr on 7 March, 2006 (Kerala HC: ‘Once a statement has been filed in a court of law, that statement can be taken as published and if such a statement amounts to per se defamatory, it is the duty of the accused to establish that they are justified in making such a statement under any of the exceptions to Section 499 I.P.C.‘)
  2. Japani Sahoo Vs Chandra Sekhar Mohanty on 27 Jul 2007 (SC: Limitation u/s 468 starts from the date of making the complaint and not on the date the cognizance was taken)
  3. Dayanand Rao Rangadal Vs Suresh and Ors on 14 August, 2008 (Karnataka High Court: “a written statement is a public document” and “a criminal proceeding can be initiated when a civil proceeding is ongoing”)
  4. Anubhav Gupta Vs State of Rajasthan on 5 October 2009 (At SC, all cases quashed, after settlement)

 

2011-2015

  1. Ms.Romy Khanna Vs State (Govt of NCT of Delhi) on 4 Jul 2011 (Defamation was filed after 3 years – Time barred)
  2. Gambhirsinh R.Dekare Vs Falgunbhai Chimanbhai Patel and Anr on 11 March 2013 (SC held allegation to the effect who authorised printing of defamatory statements is sufficient)
  3. Mr M Vs Mrs M on 7 February 2014 (Bombay HC: Divorce for husband due to mental cruelty via defamation by knife)
  4. Priyanka Srivastava and Anr Vs State of UP and Ors on 19 March, 2015 (Procedure for filing non-cognizable cases defined by Dipak Misra)
  5. Rajdeep Sardesai Vs State Of A.P on 14 May 2015 (SC dismissed Quash against AP HC Order)
  6. S.R.Sukumar Vs S.Sunaad Raghuram on 2 July 2015 (At SC: Amendment allowed in complaint)

 

2016-2020

  1. Subramanian Swamy Vs Union of India on 13 May, 2016 (Supreme Court: IPC 499 and 500 and CrPC 199 are Constitutionally valid)
  2. Deepak Kumar @ Deepak Saha Vs Hindustan Media Ventrues Ltd and Ors on 06 July 2017 (Delhi HC: No territorial jurisdiction)
  3. Mahadev I Todale Vs Frankfinn Aviation Services Pvt Ltd and Ors on 10 July 2017 (Delhi HC:)
  4. E.Krishna and Ors Vs Srinivasa Chary on 17 November 2017 (AP HC: Not defamation)
  5. X Vs Y on 2 November, 2018 (Bombay HC: Impotent word is Defamatory)
  6. M.K.Varghese Cor Episcopa Vs State of Kerala on 08 January, 2020 (Kerala High Court: Complaint of defamation cannot be quashed under section 482 CrPC, as it does not have absolute privilege and only qualified privilege)
  7. Rabindra Nath Pal Vs Ratikanta Paul and Ors on 6 Mar 2020 (Defamation was filed after 3 years – Time barred)

 

 


MASTER SITEMAP here.

Posted in Assorted Court Judgments or Orders or Notifications | Tagged Catena of Landmark Judgments Referred/Cited to CrPC 199 - Defamation IPC 499 - Defamation IPC 500 - Punishment For Defamation Summary Post Work-In-Progress Article

Pratap Lal Teli Vs State of Maharashtra and Ors on 22 Oct, 2019

Posted on December 12, 2019 by ShadesOfKnife

 

Pratap Lal Teli Vs State of Maharashtra and Ors on 22 Oct, 2019

Citations:

Indiankanoon.org link:


 

Posted in High Court of Bombay Judgment or Order or Notification | Tagged Legal Procedure Explained - Interpretation of Statutes Pratap Lal Teli Vs State of Maharashtra and Ors Special Laws Take Precedence over General Laws Work-In-Progress Article

Sameer Garg and Anr Vs State and Anr on 25 September, 2019

Posted on October 13, 2019 by ShadesOfKnife

Honorable Delhi High Court held that, “if any of the allegations are found to be patently false, the trial court shall take necessary steps to prosecute the concerned complainant to the full extent of law”

Sameer Garg and Anr Vs State and Anr on 25 September, 2019

Citations:

Indiankanoon.org link:


Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from 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 High Court of Delhi Judgment or Order or Notification | Tagged Judgment Sameer Garg and Anr Vs State and Anr Work-In-Progress Article

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