Important points are made bold in Supreme Court judgment below. The high court did not even look at the basic facts of divorce certificate’s date and alleged second marriage date. No wonder there are more than 3 crore pending cases in Indian courts, when a high court does not seem to notice what a clerk can notice casually. Tue Nov 17, 2009 3:08 am (PST) IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.2122 OF 2009 (Arising out of SLP(Crl.) No. 5910/2006) Pashaura Singh ...Appellant Versus State of Punjab & Anr. ...Respondents JUDGEMENT R.M. Lodha, J. Leave granted. 2. In this appeal by special leave, the appellant has challenged the order dated May 24, 2006 passed by the High Court of Punjab and Haryana. By the said order, the … [Read more...] about Divorce granted by foreign courts is valid in India
SC Judgment
Special Leave Petition can be rejected if based on false statements
Following SC judgment says that appeal to supreme court known as special leave petition (SLP) under Article 136 of the Indian constitution can be rejected if the statements made by appellant are found to be false. Also article 136 does not grant a right to any party to appeal. Article 136 of constitution is given below: 136. (1) Notwithstanding anything in this Chapter, the Supreme Court may, in its discretion, grant special leave to appeal from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any court or tribunal in the territory of India. (2) Nothing in clause (1) shall apply to any judgment, determination, sentence or order passed or made by any court or tribunal constituted by or under any law … [Read more...] about Special Leave Petition can be rejected if based on false statements
Man accused of rape has to settle with ‘victim’
This kind of news reporting can only bias the reader into believing the headline when the actual news is something else. e.g. the headline for news item below says: “Rapist pays victim, goes free”. The actual headline should be something like: “ Man accused of rape pays alleged victim, goes free”. Anyway…http://www.dnaindia.com/india/report_rapist-pays-victim-goes-free_1353515 New Delhi: In an unprecedented order, on February 22, the Supreme Court directed that the FIR against rape accused, Arun Goyal be quashed as he had reached a ‘settlement’ with the victim by paying her Rs4 lakh.Legal experts believe that this order dilutes the gravity of rape as a crime and goes against the apex court’s own past approach of seeking to deal with rapists with an iron hand.The victim had alleged that … [Read more...] about Man accused of rape has to settle with ‘victim’
SC Judgment on factors deciding quantum of maintenance under CrPC 125
The basic learning from this judgment seems to be that wife’s property, income sources must be considered in CrPC 125. Also, the order of maintenance if made to pay from date of application, need not record the reasons for doing so. In general it is payable from date of order. The full text of judgment is below. The important portions are made bold so you can read them for a quick understanding of the main points. ---------------------------------------------------------------------------------------- *Court* : Supreme Court of India *Brief* : : Section 125 Cr.P.C. Quantum of maintenance *Citation : *CIVIL APPEAL NO. 4666 OF 2008 SHAIL KUMARI DEVI & ANR. Vs KRISHAN BHAGWAN PATHAK @ KISHUN B. PATHAK *Judgment :* J U D G M E N T C.K. THAKKER, J. 1. Leave granted. 2. … [Read more...] about SC Judgment on factors deciding quantum of maintenance under CrPC 125
Only SC can waive 6 months off mutual divorce, and grant irretrievable breakdown divorce
This supreme court judgment of Sep 2009 is important on 2 counts:1. It lays down the condition that only Supreme Court can grant divorce under Sec 142 of constitution on grounds of irretrievable breakdown of marriage. The High courts and lower courts do not have this power.2. Only the Supreme Court can, in exercise of its extraordinary powers under Article 142 of the Constitution, convert a proceeding under Section 13 of the Hindu Marriage Act, 1955, into one under Section 13-B and pass a decree for mutual divorce, without waiting for the statutory period of six months, none of the other Courts can exercise such powers.If there were any doubts as to applicability of the said judgment to lower courts, here is a judgment of Punjab and Haryana High court which refers to above judgment and … [Read more...] about Only SC can waive 6 months off mutual divorce, and grant irretrievable breakdown divorce
Supreme Court judgment which says Indian women will not lie about rape
The judgment is about a rape of a minor where appeal of accused was rightly denied. All the courts starting from sessions court, High court, and Supreme Court have examined the statements, evidences etc and they all point to the crime. Any sexual intercourse with girl less than 16 years old is automatically defined as Rape as per Sec 375, (5)But the disturbing part is the unnecessary statement in the judgment that an Indian woman will not lie about rape. I will cover that issue separately. Here is the full judgment below with the particular statement in bold.-------------------------------------------------------REPORTABLEIN THE SUPREME COURT OF INDIACRIMINAL APPELLATE JURISDICTIONCRIMINAL APPEAL NO.1798 OF 2008Wahid Khan …..AppellantVersusState of Madhya Pradesh …..RespondentJ U D G M … [Read more...] about Supreme Court judgment which says Indian women will not lie about rape