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Perspiciatis unde omnis iste natus error sit voluptatem accusantium doloremque laudantium, totam rem aperiam, eaque ipsa quae ab illo inventore veritatis et quasi architecto. Beatae vitae dicta sunt explicabo. Nemo enim ipsam voluptatem quia voluptas sit aspernatur.

Veritatis et quasi architecto.

Perspiciatis unde omnis iste natus error sit.

Voluptatem accusantium doloremque laudantium, totam rem aperiam, eaque ipsa quae ab illo inventore veritatis et quasi architecto. Beatae vitae dicta sunt explicabo. Nemo enim ipsam voluptatem quia voluptas sit aspernatur

Judgements

Adverse Possession of Property (2017-04-18)

Limitation Act, 1963; S. 27— Limitation Act, 1963; Art. 65 and 66 -- Adverse Possession -- It is a settled principle of law of adverse possession that the person, who claims title over the... Read More

Divorce on the ground - Wife attempted to commit suicide (2016-10-06)

Hindu Marriage Act, 1955; S. 13 – Divorce on the ground of cruelty against wife – Wife attempted to commit suicide by pouring kerosene without any reason – Observed that no husband... Read More

Confessional statement -- Applicable only if the confessional statement leads to the discovery of some new fact (2018-04-16)

Evidence Act, 1872; S. 27 – Confessional statement -- Applicable only if the confessional statement leads to the discovery of some new fact – The material objects which the police is... Read More

Whether Revenue Record establish title (2013-02-21)

Revenue Record – Whether Revenue Record establish title – Held: revenue record is not a document of title. It merely raises a presumption in regard to possession. Presumption of... Read More

Whether a false allegation of impotency is an act of cruelty to create a ground for divorce (2016-08-08)

Hindu Marriage Act, 1955; S. 13 ----- whether a false allegation of impotency is an act of cruelty to create a ground for divorce ----- Held: the unproved allegations of the wife that the husband was... Read More

Permanent Alimony - Legally and Factually sustainable (2018-04-17)

Hindu Marriage Act, 1955; S. 13 - Whether the award of permanent alimony of Rs.15,00,000/- by the Family Court to the respondent(wife) was legally and factually sustainable -- Held:... Read More

Minor rape victim prayed for termination of pregnancy (2015-11-03)

Writ Petition -- Minor rape victim prayed for termination of pregnancy – Held: we feel that the ends of justice will be met by issuing following directions to the opposite parties:-
(1)We direct and allow the Child Welfare Committee of District Lucknow to take over the cause of adoption of the child born to "A" on 26th October, 2015, who is presently in the care of Paediatrics Department of King George's Medical University, Lucknow. The Department shall handover the child as and when the doctors find that the child is medically fit to be handed over to the committee. The committee shall, thereafter, act in the manner provided in the judgment. The Member Secretary of the State Legal Services Authority in consultation with the amicus curiae shall supervise the process of adoption.

(2)As soon as "A" regains her mental balance and equilibrium, she will be allowed admission in a proper class in an appropriate school. The first and foremost preference should be given to any Kasturba Gandhi Girls' School. These are residential schools in which girls are allowed to stay and taken care of completely. They are given food, shelter, books, uniforms and matterial for recreation also. If "A" or her parents approach the authorities of Kasturba Gandhi Residential School of her choice, admission should be allowed to her. If an application is made to the Basic Shiksha Adhikari of the District it shall be his duty to ensure admission of "A" in one of the best run schools of Kasturba Gandhi Residential Schools of the District.

(3)If "A" chooses not to go to residential school then a Government Girls' Inter College of her choice will allow her admission without insisting on any entrance examination or the criteria of selection on merit basis. The State Government should ensure that education is provided free of costs to "A". She will be allowed full freeship of fees and other charges whatsoever.

(4)It shall be the duty of the Principal of the college concerned to ensure that the teachers of the college, staff and the students do not discriminate her in any manner. All possible mental, moral and psychological help should be given by the teachers to help her gain strength to face the challenges of life. The principal should also ensure that the past life of "A" is not propagated and she is treated as another normal student of the school.

(5)If "A" wants to continue her studies after 10+2 Standard (Intermediate), admission should be given to her in any government degree college with full free ship of fee. This will continue till graduation.

(6)In addition to payment of Rs.3,00,000/- as compensation under Rani Lakshmi Bai Mahila Samman Kosh Rules, 2015, the State Government shall make a fixed deposit of a sum of Rs.10,00,000/- (Rupees Ten lacs) in favour of "A" in any nationalized bank which will be given to her only when she reaches the age of 21 years. The District Magistrate of the District where the family of "A" chooses to live henceforth will ensure that bank account is opened in the name of "A" in any nationalized bank, chosen by her father. It is made clear that at the maturity of the aforesaid fixed deposit, only "A" will be entitled to get the money.

(7)Superintendent of Police of the District where "A" and her family choose to reside will ensure the safety, security and dignity of the family. No one from the society should be allowed to degrade, discriminate or excommunicate the victim or her family on the ground of unfortunate incident of rape.

(8)If "A" applies for any apprenticeship in any available scheme or in any vocational course of any Government department or any other instrumentality of the State, preference should be given to her in such matters.

(9)After attaining the age of majority, some suitable job be also provided to her according to her ability / qualifications. Such security of job is the surest way of bringing her up in the main stream once again. When occasion arises the petitioner shall have the liberty of moving an application to the Chief Secretary of the State to ensure that a suitable job is provided to her.

(10)The N.G.O.s or any other agency which wants to help the victim and her family in any manner, will be welcome to do so and earn the appreciation of this Court as well as of the society in general.

marital dispute the wife filed case under section 406/498A IPC (2012-05-10)

Hindu Marriage Act, 1955; S. 13B ------ Out of marital dispute the wife filed case under section 406/498A IPC and also under the provisions of Protection of Women from Domestic Violence 2005 -----... Read More

Whether bank can refuse to make payment to nominee (2016-03-30)

Whether bank can refuse to make payment to nominee

Banking Regulation Act, 1949; S. 45ZA – Banking Companies (Nomination) Rules, 1985; R. 2(1) -- Whether bank can refuse to make payment to nominee -- Nomination made by a depositor/account... Read More

Whether a judicial Magistrate, after taking cognizance of an offence, on the basis of a police report and after appearance of the accused in pursuance of the process issued, can order of its own, further investigation (2017-02-02)

Code of Criminal Procedure, 1973; S. 156 (3) ----- Further investigation --- -- Held: on receipt of the report, before taking cognizance of the offence alleged, may direct further investigation under sub-Section (3) of Section 156 Cr.P.C. and require the police to make further report and that such power can be exercised suo motu, contingent on its satisfaction of the necessity thereof to espouse the cause of justice. (Para 27)

Code of Criminal Procedure, 1973; S. 156(3) ---- Whether a judicial Magistrate, after taking cognizance of an offence, on the basis of a police report and after appearance of the accused in pursuance of the process issued, can order of its own, further investigation ----- Held: the Magistrate of his own, cannot order further investigation after the accused had entered appearance pursuant to a process issued to him subsequent to the taking of the cognizance by him. (Para 31)

Code of Criminal Procedure, 1973; S. 173(8) ----- Whether, after the chargesheet had been filed by the investigating agency under Section 173(2) Cr.P.C, and charge had been framed against some of the accused persons on the basis thereof, and other co-accused had been discharged, the Magistrate could direct the investigating agency to conduct a re-investigation or further investigation under sub-Section (8) of Section 173 ----- Held: after taking cognizance of an offence on the basis of a police report and after the appearance of the accused, a Magistrate cannot of its own order further investigation, though such an order could be passed on the application of the investigating authority ----- the power of the investigating officer to make a prayer for conducting further investigation in terms of Section 173(8) of the Code was not taken away only because a charge-sheet had been filed under Section 173(2) and a further investigation was permissible even if cognizance had been taken by the Magistrate ----- once a charge-sheet was filed under Section 173(2) Cr.P.C and either charges have been framed or the accused have been discharged, the Magistrate may on the basis of a protest petition, take cognizance of the offence complained of or on the application made by the investigating authority, permit further investigation under Section 173(8), but he cannot suo motu direct a further investigation or order a re-investigation into a case on account of the bar of Section 167(2) of the Code. (Para 32, 33)

Code of Criminal Procedure, 1973; S. 173(8) ----- Whether in exercise of powers under Section 173 Cr.P.C, the Trial Court has the jurisdiction to ignore any of the police reports, where there was more than one, whether by the same or different investigating agencies submitted in furtherance of the orders of a Court ----- Held: the investigating agency was thus competent to file a report supplementary to its primary report and that the former was to be treated by the Court in continuation of the latter. (Para 36)

Code of Criminal Procedure, 1973; S. 173 ----- Whether Magistrate can direct further investigation either suo moto or on the prayer of the informant after the final report had been submitted, cognizance had been taken, accused had appeared, and trial is underway ----- Held: that though the investigating agency concerned has been invested with the power to undertake further investigation desirably after informing the Court thereof, before which it had submitted its report and obtaining its approval, no such power is available therefor to the learned Magistrate after cognizance has been taken on the basis of the earlier report, process has been issued and accused has entered appearance in response thereto. At that stage, neither the learned Magistrate suo motu nor on an application filed by the complainant/informant direct further investigation. Such a course would be open only on the request of the investigating agency and that too, in circumstances warranting further investigation on the detection of material evidence only to secure fair investigation and trial, the life purpose of the adjudication in hand ----- Though the Magistrate has the power to direct investigation under Section 156(3) at the pre-cognizance stage even after a charge-sheet or a closure report is submitted, once cognizance is taken and the accused person appears pursuant thereto, he would be bereft of any competence to direct further investigation either suo motu or acting on the request or prayer of the complainant/informant.

Words and Phrases ----- Investigation, Further Investigation and De novo Investigation ----- Held: Whereas initial investigation was alluded to be one conducted in furtherance of registration of an FIR leading to a final report under Section 173(2) of the Code, further investigation was a phenomenon where the investigating officer would obtain further oral or documentary evidence after the final report had already been submitted, so much so that the report on the basis of the subsequent disclosures/discoveries by way of such evidence would be in consolidation and in continuation of the previous investigation and the report yielded thereby. “Fresh investigation” “reinvestigation” “de novo investigation”, however is an exercise, which it was held, could neither be undertaken by the investigating agency suo motu nor could be ordered by the Magistrate and that it was essentially within the domain of the higher judiciary to direct the same and that too under limited compelling circumstances warranting such probe to ensure a just and fair investigation and trial. (Para 39)

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Judgements

Adverse Possession of Property (2017-04-18)

Divorce on the ground - Wife attempted to commit suicide (2016-10-06)

Confessional statement -- Applicable only if the confessional statement leads to the discovery of some new fact (2018-04-16)

Whether Revenue Record establish title (2013-02-21)

Whether a false allegation of impotency is an act of cruelty to create a ground for divorce (2016-08-08)

Permanent Alimony - Legally and Factually sustainable (2018-04-17)

Minor rape victim prayed for termination of pregnancy (2015-11-03)

marital dispute the wife filed case under section 406/498A IPC (2012-05-10)

Whether bank can refuse to make payment to nominee (2016-03-30)

Whether a judicial Magistrate, after taking cognizance of an offence, on the basis of a police report and after appearance of the accused in pursuance of the process issued, can order of its own, further investigation (2017-02-02)

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Judgements

Adverse Possession of Property (2017-04-18)

Divorce on the ground - Wife attempted to commit suicide (2016-10-06)

Confessional statement -- Applicable only if the confessional statement leads to the discovery of some new fact (2018-04-16)

Whether Revenue Record establish title (2013-02-21)

Whether a false allegation of impotency is an act of cruelty to create a ground for divorce (2016-08-08)

Permanent Alimony - Legally and Factually sustainable (2018-04-17)

Minor rape victim prayed for termination of pregnancy (2015-11-03)

marital dispute the wife filed case under section 406/498A IPC (2012-05-10)

Whether bank can refuse to make payment to nominee (2016-03-30)

Whether a judicial Magistrate, after taking cognizance of an offence, on the basis of a police report and after appearance of the accused in pursuance of the process issued, can order of its own, further investigation (2017-02-02)

Popular judgement tags

Legal Help | Legal Advice | Legal Forum | Legal Question and Answers

Popular forum tags

All categories

Top TagDivorce

QUESTIONS

ANSWERS

Top CategoryFamily Law

WHAT WE OFFER

Top Tag
Divorce

Top Category
Family Law