Friday, May 8, 2009

Important Judgements:


SC quashes incpmplete, hazy facts of case. Evidence not been collected - issues involved, whther factual or legal are of magnitude and should be seen in true perspective. Where this is not possible or incomplete and insufficient material - Quash it.









Lesbian GayBT relationship is legal as per this Delhi High court judgement


http://www.indiankanoon.org/doc/1953156/ no interim maintenance if father takes custody of child.


2004(1) Apex Court Judgments 265 (S.C.) : 2004(2) Criminal Court Cases 460 (S.C.) SUPREME COURT OF INDIA Deb Narayan Halder Vs Smt.Anushree Halder
Criminal Procedure Code, 1973, Section 125 - Maintenance - No evidence to prove that wife was subjected to torture and harassment by husband - Wife left matrimonial home on her own - Wife not entitled to maintenance.


2002(1) Criminal Court Cases 687 (Bom.) - 2002(3) Civil Court Cases 172 (Bombay) BOMBAY HIGH COURT Sayyed Jabbar Ali Vs Mst.Saheba Fatima
Criminal Procedure Code, 1973, Section 125 - Maintenance - Wife must prove neglect and refusal on part of husband - Ill-treatment cannot be substantiated on basis of general allegations of wife in absence of details thereof.


http://timesofindia .indiatimes. com/CJI-Balakrishnan-admits- to-misuse- of-dowry- laws/articleshow /4057825. cms


1. Please search for the "Central Information Commission’s Decision
No.1816/IC(A) /2008" This is the one that relates to wife's PF account details.
2. For Dhingra ji's judgment, please search online for
"CRL.M.C.7262/ 2006" and Delhi high court
It says ". I consider time has come that courts should insist upon disclosing source of such funds and verification of income from tax returns "


Who is a "Husband" ? Man claims not to have married woman and 498A not justified. Live in.
IN THE SUPREME COURT OF INDIA, CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 867 OF 2009 (Arising out of SLP (Crl.) No. 4496 of 2006)


IN THE SUPREME COURT OF INDIA, CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 976 OF 2001Satish Kumar Batra VersusState of Haryana.
IN THE SUPREME COURT OF ,CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 344 OF 2009 (Arising out of S.L.P. (Criminal) No. 637 of 2008)Munish Bhasin & Ors Versus State (Govt. of N.C.T. of Delhi) & Anr. ... Respon




ANTICIPATORY - BAIL




Rules for granting Bail
http://www.judis.nic.in/chennai/qrydisp.asp?tfnm=12840












































CHILD CUSTODY & VISITATION










































































498A/306






































MAINTENANCE




















































































DIVORCE








































































































TRANSFER PETITION


http://judis. nic.in/supremeco urt/qrydisp. aspx?filename= 30509






































QUASH














498a Connot Be Quashed on Parties making Settlement PART I
http://www.498a.org/forum/viewtopic.php?f=16&t=2697
http://www.498a.org/forum/viewtopic.php?f=16&t=2698
http://www.498a.org/forum/viewtopic.php?f=16&t=2699
http://www.498a.org/forum/viewtopic.php?f=16&t=2700










































PASSPORT






































MICELENOUS










































































































PREJURY












EVEN JUDGES/POLICE ACKNOWLEDGES THAT 498A IS GROSSLY MISUSED


















http://www.hyderabadpolice.gov.in/WomenCorner/498A.htm




CONTEMPT














What is contempt
http://judis.nic.in/supremecourt/qrydisp.aspx?filename=29218


DOMESTIC VIOLENCE


Interim order passed by judges under the DV act


1) In one case the house belonged to the Wife and her mother in law jointly. The house was on loan and EMI was being paid by the husband. The wife demanded right to residence or rent and also claimed maintanance. The court has order rent of 10000/- for the wife and 5000/- as maintanance for the child. But the best part is that the earning wife has been ordered to pay 50% of the EMI along with baklog to the husband by the wife. So this is a great arrangment wherein the wife gets only 3000/- as net maintanance.


2) In another case the Wife claimed for 60000/- maintance and also right to residence. The judge ordered both the couples to live together in a seperate flat of the husband and ordered the husband to bear all the house hold expenses and ordered 2500/- other expenese for both the wife and the child.


From the above two interim orders under the DV act it can be seen that the judges are trying to do justice in their own way. If the act is too onesided then even the judges know how to play with the law and at the same time deliver justice.


In both the above cases the hungry wives dint get any great monitory benefit but were given hidden reliefs.










Prove home violence for relief: court
http://www.dnaindia.com/report.asp?newsid=1138505
http://www.dnaindia.com/report.asp?newsid=1138505&pageid=2
















RTI




1. No need for a citizen to give reasons why he seeks information, his background is no reason for information to be denied to him under RTI


2. PIO cant take a plea that its third party info while denying info u/s 8.(1).(j), without first referring it to the third party.


3. PIO to hear the third party and then to decide where is the larger public interest - in disclosure or non-disclosure


4. The MOST important issue: It has ruled in favor what we have always believed in and practiced in Gujarat. Section 18 to 20 are all interlinked and cant be looked at in isolation. Therefore a complaint against denial / deemed denial of information u/s 18 which empowers a SIC / CIC with powers vested in a civil court under the code of Civil Procedure, cant be held hostage with section 19 of 1st appeal. The CIC has been guilty of holding this stand since the Act coming into effect. This decision views all these 3 sections and their respective sub-sections as having one objective - securing access to information and keeping truant officers in check


5. A SIC / CIC can hearing a complaint can require a public authority to provide information at the same time penalize him to ensure that its done


***************

Repeated adjournments as misuse.
1. J. Jayalalithaa vs Assistant Commissioner of Wealth Tax [MADRAS HIGH COURT]
date. The case was posted on August 22, 1995, for furnishing the aforesaid information and enquiry. Repeated adjournments were sought on behalf of the petitioner but the details sought for were not ... section 397(1). However, when the High Court notices that there has been failure of justice or misuse of judicial mechanism or procedure, sentence or order is not correct, it is but the salutary duty ...20 Jan 2009
2. Rajesh Ranjan Yadav @ Pappu Yadav vs Central Bureau of Investigation Through Its Director [SUPREME COURT OF INDIA]
1 SCC 702007 (1) SCC 702006 Indlaw SC 911 while dismissing one of the bail applications filed by the appellant ... therewith to submit that the delay, if any, in the completion of the trial was on account of repeated applications filed by the appellant in the trial court asking for one or other information or the ...30 Nov 2007
3. Rama Devi vs Deepak Agarwal [RAJASTHAN HIGH COURT]
learned counsel for the petitioner submits that the order passed by the trial court amounts to misuse of the process of law and also against the interest of justice.Learned counsel for the ... should not be a ground for acquittal of the accused or dropping of the proceedings unless on repeated adjournments neither the counsel nor the complainant appeares. In the instant case on the last ...09 Feb 2009
4. Yashwitha Constructions Private Limited, Represented By Its Managing Director M.Promod Mumar Reddy, Chennai vs Simplex Concrete Piles India Limited, Rep. By Its Managing Director, Kolkata [ANDHRA PRADESH HIGH COURT]
commenced proceedings in November/December, 2004. However the arbitral proceedings again got delayed and, eventually, it was only in the 10th meeting that the matter proceeded further. Applicant ... before the sole arbitrator but had continued to take adjournments. According to the respondents, repeated adjournments were sought by the applicant except on a couple of occasions. They would contend that ...01 May 2008
5. Sabitanjali Pattanaik vs Priyabrata Pattanaik. [ORISSA HIGH COURT]
of the case ex parte. He has pointed out that the wife-appellant cannot be accused of taking repeated adjournments to delay the proceeding in as much as on several occasions the wife was present, but ...11 Dec 2000
6. Montari Industries Limited and Another vs State and Another [DELHI HIGH COURT]
were not maintainable. It was also observed that these applications had been moved in order to delay the trial of the cases.3. Considering the history of the cases and the order sheets, a copy of ... by learned Counsel for respondent No. 2, this Court finds that the petitioners have been taking repeated adjournments and trying to delay the disposal of complaints. Vide orders dated 27.3.2004, the ...25 Sep 2004
7. Jasbir Sobti and Others vs Surender Singh [DELHI HIGH COURT]
are lapses galore on the part of the plaintiffs in not prosecuting the case diligently thereby delaying the process endlessly. We are afraid, in the name of justice no such licence can be given to ... of the case, namely, fail to file the documents, conduct admission/denial and even fail to appear repeatedly. We have to keep in mind the interest of opposing party as well. If the matter are dragged like ...25 Jul 2008

5 comments:

  1. There is a judgement in DP Act section 3 which says :-

    FIR and subsequent proceeding quashed since no sanction was obtained from D.M. concerned before intiating proceedings under sedction 3 & 4 of the Act.

    Rakesh Kumar v state of haryana, (1994) ICC cawes62: (1994) 2 Recent CR 539(P & H)

    Also one more judgment

    Sumoning order under section 406, 498 IPC was vitiated since it was made without taking the requisite sanction under section 7 of the Act 1961.
    Smt. Nihal Kaur v Smt. Bhupinder Kaur (1994) ICC caes 434 at 435, (1994) 1 SLj 98 P&H

    Meaning of Dowry

    Cash given to bride groom in absence of source from which cashiers brought and discrepancy as to exact amount paid, cannot prove acceptance of dowry.

    Nilakantha Pati v state of Orissa, 1995 CrLj 2472 (Ori)

    Section 6 DP Act. Misappropriation of dowry articles
    When list of articles not furnished it will not attache legality of summoning order.
    soni Devi v veena Kumar (1991)2 CC Cases 571 (P&H)

    ReplyDelete
  2. Deserter wife can’t challenge husband 2nd marriage :
    IN THE HIGH COURT OF JUDICATURE AT BOMBAY;CIVIL APPELLATE JURISDICTION
    FAMILY COURT APPEAL NO. 87 OF 2003

    ReplyDelete
  3. Thanks. Useful blog.

    ReplyDelete
  4. GREAT WORK...
    BEWARE
    in DV cases where wife demands RIGHT TO RESIDENCE IN PARENTAL(fil) HOUSE a recent high court judgement Kavita Gambhir vs $ Hari Chand Gambhir & Anr. on 7 September, 2009 http://indiankanoon.org/doc/252590/

    can be used by dear wifys to counter batra vs batra .

    ReplyDelete
  5. Thanx, very nice judgements
    really helpable...

    ReplyDelete

Loading...
Related Posts with Thumbnails
The institution of marriage itself is gradually being put to test in contemporary Indian society with IPC 498A kind of laws, more so in urban pockets. More couples than before are opting not to tie the knot, preferring to simply live together instead. Cohabitation is common in a small number of advanced societies, some of which - like the Scandinavian countries - give live-in couples the same rights as those who are legally wed.

Marriage, therefore, is often a mere formality, or a matter of choice, in such societies. However, the reality in India is different. Due to a combination of social and religious factors, as well as the absence of safety nets and welfare, marriage is still an institution that is preferred over any other form of union. It is the fundamental relationship around which families are built and lend stability to social structures in India.

That said, it is crucial that we recognise the changes that are taking place. Instead of ruing the loss of old values, we would be better off gearing up for new realities. That includes updating our laws and social attitudes.
Add not fire to fire.
Do not throw the arrow that will return against you.
Beggars can never be bankrupt.
You can bear with your own faults, and why not a fault in your wife/husband?
Better an egg today than a hen tomorrow.
The child who gets a stepmother also gets a stepfather.
Where there is dowry there is danger.
Anger can be an expensive luxury.
The bachelors crave to get married, and the married ones regret why he got married.
O daughter, I’m telling you. O daughter-in-law, listen to this…..
Pray one hour before going to war, two hours before going to sea, and three hours before getting married.
Even the moon has spots.
It takes time to save time.
Comment is free but facts are on expenses.
It is wise to keep in mind that neither success nor failure is ever final.
Readers are plentiful, thinkers are rare.
It is not whether you get knocked down; it is whether you get up again.
There are times when silence has the loudest voice.
Do not wait for success, go ahead without it.
One does not learn anything that one does not love.
When there is no enemy within, the enemies outside can not hurt you.
Do not look where you fell, but where you slipped.
To know the road ahead, ask those coming back.
If you bow at all, bow low.
The day you decide to do it is your lucky day.
Proof rather than argument.
Where you cannot climb over, you must creep under.
Faults are thick where love is thin.
It is harder to kill a whisper than even a shouted calumny.
BE THOU AS CHASTE AS ICE, AS PURE AS SNOW, THOU SHALT NOT ESCAPE CALUMNY.