Supreme Court Decisions/Judgements Directory

Judges: Misra Rangnath

20 April, 1990·CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 188-89 of 1987.From the Judgment and Order dated 21.11. 1986 of the Punjab & Haryana High Court in First Appeal Order Nos. 620 & 619 of 1986.K.K. Jain and Pramod Dayal for the Appellant. Meera Chhabra and Ms. Pani Chhabra for the Respondents. The Judgm...

Judges: Sharma, L M J

20 April, 1990·CIVIL APPELLATE JURISDICTION: Civil Appeal No. 3106 of 1989.From the Judgment & Order dated 21.3.89 of the ,Calcutta High Court in Appellate Decree No. 939 of 1976, R.K. Garg and Gopal Singh for the Appellant. Dr. 'Shanker Ghosh, H.K. Puri and A. Deb for the Respondent. The Judgment of the Court was...

Judges: Act Criminal Procedure Code 1973 Sections 468 473 Limitation Applicability Of Matrimonial Offences Like Cruelty, The Non Obstante Clause Of Section 473 And Its Over Riding Effect Explained Criminal Procedure Code 1973 Section 482 Quashing Of Pro Ceedings Before Magistrate By The High Court No Cognizance Of Offence Section 498 A I P C After Expiry Of Three Years Validity Of Maxim Vigilantibus It Non Dormientibus, Jura Subveniunt Applicability Of In Cases Of Matrimonial Offences Like Cruelty Basic Difference Between The Limitation Under Section 473 And Section 5 Of The Limitation Act Explained Headnote A Complaint Petition Was Filed Before The Magistrate By The Appellant That She Was Ill Treated And Subjected To Cruelty By Husband The Accused Respondent And Her In Laws, And That During The Subsistence Of Their Marriage He Married Again And Got A Second, Wife The High Court On An Application Filed By The Accused Respondent Under Section 482 Of Cr P C Quashed The Criminal Proceedings, Holding That It Was Time Barred Since After Three Years Cognizance Cannot Be Taken Of An Offence Under Section 498 A Of The Penal Code, 2188 In View Of The Section 468 Of The Criminal Procedure Code Allowing The Appeal, The Court, To Take Cognizance Even Of He Offence Under Section 498 A Of The Penal Code Ignoring The Bar Of Section 468 Of The Cr P C 295 C 2 In View Of The Allegation Of Second Marriage During

20 April, 1990·PETITIONER:MISS ANAMIKA BISHNOI Vs. RESPONDENT:MS. MANJU CHAUDHRY AND OTHERS DATE OF JUDGMENT: 23/01/1996 BENCH:SEN, S.C. (J) BENCH:SEN, S.C. (J) AHMADI A.M. (CJ) PARIPOORNAN, K.S.(J) CITATION:1996 SCC (2) 144 JT 1996 (1) 668 1996 SCALE (1)593 ACT:HEADNOTE:JUDGMENT:SEN.J J U D G M E N T Specia...

Judges: Act Criminal Procedure Code 1973 Sections 468 473 Limitation Applicability Of Matrimonial Offences Like Cruelty, The Non Obstante Clause Of Section 473 And Its Over Riding Effect Explained Criminal Procedure Code 1973 Section 482 Quashing Of Pro Ceedings Before Magistrate By The High Court No Cognizance Of Offence Section 498 A I P C After Expiry Of Three Years Validity Of Maxim Vigilantibus It Non Dormientibus, Jura Subveniunt Applicability Of In Cases Of Matrimonial Offences Like Cruelty Basic Difference Between The Limitation Under Section 473 And Section 5 Of The Limitation Act Explained Headnote A Complaint Petition Was Filed Before The Magistrate By The Appellant That She Was Ill Treated And Subjected To Cruelty By Husband The Accused Respondent And Her In Laws, And That During The Subsistence Of Their Marriage He Married Again And Got A Second, Wife The High Court On An Application Filed By The Accused Respondent Under Section 482 Of Cr P C Quashed The Criminal Proceedings, Holding That It Was Time Barred Since After Three Years Cognizance Cannot Be Taken Of An Offence Under Section 498 A Of The Penal Code, 2188 In View Of The Section 468 Of The Criminal Procedure Code Allowing The Appeal, The Court, To Take Cognizance Even Of He Offence Under Section 498 A Of The Penal Code Ignoring The Bar Of Section 468 Of The Cr P C 295 C 2 In View Of The Allegation Of Second Marriage During

20 April, 1990·PETITIONER:MS. BHAWANA NARUAL AND OTHERS Vs. RESPONDENT:MS. MANJU CHAUDHRY AND OTHERS DATE OF JUDGMENT: 23/01/1996 BENCH:SEN, S.C. (J) BENCH:SEN, S.C. (J) AHMADI A.M. (CJ) PARIPOORNAN, K.S.(J) CITATION:1996 AIR 1563 1996 SCC (2) 155 JT 1996 (1) 673 1996 SCALE (1)591 ACT:HEADNOTE:JUDGMENT:S...

Judges: Act Criminal Procedure Code 1973 Sections 468 473 Limitation Applicability Of Matrimonial Offences Like Cruelty, The Non Obstante Clause Of Section 473 And Its Over Riding Effect Explained Criminal Procedure Code 1973 Section 482 Quashing Of Pro Ceedings Before Magistrate By The High Court No Cognizance Of Offence Section 498 A I P C After Expiry Of Three Years Validity Of Maxim Vigilantibus It Non Dormientibus, Jura Subveniunt Applicability Of In Cases Of Matrimonial Offences Like Cruelty Basic Difference Between The Limitation Under Section 473 And Section 5 Of The Limitation Act Explained Headnote A Complaint Petition Was Filed Before The Magistrate By The Appellant That She Was Ill Treated And Subjected To Cruelty By Husband The Accused Respondent And Her In Laws, And That During The Subsistence Of Their Marriage He Married Again And Got A Second, Wife The High Court On An Application Filed By The Accused Respondent Under Section 482 Of Cr P C Quashed The Criminal Proceedings, Holding That It Was Time Barred Since After Three Years Cognizance Cannot Be Taken Of An Offence Under Section 498 A Of The Penal Code, 2188 In View Of The Section 468 Of The Criminal Procedure Code Allowing The Appeal, The Court, To Take Cognizance Even Of He Offence Under Section 498 A Of The Penal Code Ignoring The Bar Of Section 468 Of The Cr P C 295 C 2 In View Of The Allegation Of Second Marriage During

20 April, 1990·PETITIONER:WARDINGTON LYNGDOH & ORS.Vs. RESPONDENT:THE COLLECTOR, MAWKYRWAT DATE OF JUDGMENT17/04/1995 BENCH:RAMASWAMY, K. BENCH:RAMASWAMY, K. HANSARIA B.L. (J) CITATION:1995 AIR 2340 1995 SCC (4) 428 1995 SCALE (3)702 ACT:HEADNOTE:JUDGMENT:Delay condoned.O R D E R Notification under s.4(1) of t...

Judges: Act Criminal Procedure Code 1973 Sections 468 473 Limitation Applicability Of Matrimonial Offences Like Cruelty, The Non Obstante Clause Of Section 473 And Its Over Riding Effect Explained Criminal Procedure Code 1973 Section 482 Quashing Of Pro Ceedings Before Magistrate By The High Court No Cognizance Of Offence Section 498 A I P C After Expiry Of Three Years Validity Of Maxim Vigilantibus It Non Dormientibus, Jura Subveniunt Applicability Of In Cases Of Matrimonial Offences Like Cruelty Basic Difference Between The Limitation Under Section 473 And Section 5 Of The Limitation Act Explained Headnote A Complaint Petition Was Filed Before The Magistrate By The Appellant That She Was Ill Treated And Subjected To Cruelty By Husband The Accused Respondent And Her In Laws, And That During The Subsistence Of Their Marriage He Married Again And Got A Second, Wife The High Court On An Application Filed By The Accused Respondent Under Section 482 Of Cr P C Quashed The Criminal Proceedings, Holding That It Was Time Barred Since After Three Years Cognizance Cannot Be Taken Of An Offence Under Section 498 A Of The Penal Code, 2188 In View Of The Section 468 Of The Criminal Procedure Code Allowing The Appeal, The Court, To Take Cognizance Even Of He Offence Under Section 498 A Of The Penal Code Ignoring The Bar Of Section 468 Of The Cr P C 295 C 2 In View Of The Allegation Of Second Marriage During

20 April, 1990·PETITIONER:SMT. LAXMI & ANANDI & OTHERS.Vs. RESPONDENT:SHRI C. SETHARAMA NAGARKAR & ORS. DATE OF JUDGMENT18/09/1995 BENCH:KULDIP SINGH (J) BENCH:KULDIP SINGH (J) AHMAD SAGHIR S. (J) CITATION:1995 SCC (6) 576 JT 1995 (7) 400 1995 SCALE (5)481 ACT:HEADNOTE:JUDGMENT:W I T H CIVIL APPEAL NO. 8471 OF...

Judges: Act Criminal Procedure Code 1973 Sections 468 473 Limitation Applicability Of Matrimonial Offences Like Cruelty, The Non Obstante Clause Of Section 473 And Its Over Riding Effect Explained Criminal Procedure Code 1973 Section 482 Quashing Of Pro Ceedings Before Magistrate By The High Court No Cognizance Of Offence Section 498 A I P C After Expiry Of Three Years Validity Of Maxim Vigilantibus It Non Dormientibus, Jura Subveniunt Applicability Of In Cases Of Matrimonial Offences Like Cruelty Basic Difference Between The Limitation Under Section 473 And Section 5 Of The Limitation Act Explained Headnote A Complaint Petition Was Filed Before The Magistrate By The Appellant That She Was Ill Treated And Subjected To Cruelty By Husband The Accused Respondent And Her In Laws, And That During The Subsistence Of Their Marriage He Married Again And Got A Second, Wife The High Court On An Application Filed By The Accused Respondent Under Section 482 Of Cr P C Quashed The Criminal Proceedings, Holding That It Was Time Barred Since After Three Years Cognizance Cannot Be Taken Of An Offence Under Section 498 A Of The Penal Code, 2188 In View Of The Section 468 Of The Criminal Procedure Code Allowing The Appeal, The Court, To Take Cognizance Even Of He Offence Under Section 498 A Of The Penal Code Ignoring The Bar Of Section 468 Of The Cr P C 295 C 2 In View Of The Allegation Of Second Marriage During

20 April, 1990·PETITIONER:JAI NARAIN RAM Vs. RESPONDENT:STATE OF U.P.& ORS.DATE OF JUDGMENT16/11/1995 BENCH:RAMASWAMY, K. BENCH:RAMASWAMY, K. HANSARIA B.L. (J) CITATION:1996 AIR 703 1996 SCC (1) 332 JT 1995 (9) 123 1995 SCALE (6)671 ACT:HEADNOTE:JUDGMENT:Leave granted.O R D E R We have heard the learned c...

Judges: Act Criminal Procedure Code 1973 Sections 468 473 Limitation Applicability Of Matrimonial Offences Like Cruelty, The Non Obstante Clause Of Section 473 And Its Over Riding Effect Explained Criminal Procedure Code 1973 Section 482 Quashing Of Pro Ceedings Before Magistrate By The High Court No Cognizance Of Offence Section 498 A I P C After Expiry Of Three Years Validity Of Maxim Vigilantibus It Non Dormientibus, Jura Subveniunt Applicability Of In Cases Of Matrimonial Offences Like Cruelty Basic Difference Between The Limitation Under Section 473 And Section 5 Of The Limitation Act Explained Headnote A Complaint Petition Was Filed Before The Magistrate By The Appellant That She Was Ill Treated And Subjected To Cruelty By Husband The Accused Respondent And Her In Laws, And That During The Subsistence Of Their Marriage He Married Again And Got A Second, Wife The High Court On An Application Filed By The Accused Respondent Under Section 482 Of Cr P C Quashed The Criminal Proceedings, Holding That It Was Time Barred Since After Three Years Cognizance Cannot Be Taken Of An Offence Under Section 498 A Of The Penal Code, 2188 In View Of The Section 468 Of The Criminal Procedure Code Allowing The Appeal, The Court, To Take Cognizance Even Of He Offence Under Section 498 A Of The Penal Code Ignoring The Bar Of Section 468 Of The Cr P C 295 C 2 In View Of The Allegation Of Second Marriage During

20 April, 1990·PETITIONER:THE GENERAL MANAGER, TELEPHONES, AHMEDABAD & ORS.Vs. RESPONDENT:V.G. DESAI & ANR.DATE OF JUDGMENT: 01/02/1996 BENCH:AGRAWAL, S.C. (J) BENCH:AGRAWAL, S.C. (J) NANAVATI G.T. (J) CITATION:1996 AIR 2062 1996 SCC (7) 444 JT 1996 (2) 77 1996 SCALE (1)668 ACT:HEADNOTE:JUDGMENT:S.C. AGR...

Judges: Act Criminal Procedure Code 1973 Sections 468 473 Limitation Applicability Of Matrimonial Offences Like Cruelty, The Non Obstante Clause Of Section 473 And Its Over Riding Effect Explained Criminal Procedure Code 1973 Section 482 Quashing Of Pro Ceedings Before Magistrate By The High Court No Cognizance Of Offence Section 498 A I P C After Expiry Of Three Years Validity Of Maxim Vigilantibus It Non Dormientibus, Jura Subveniunt Applicability Of In Cases Of Matrimonial Offences Like Cruelty Basic Difference Between The Limitation Under Section 473 And Section 5 Of The Limitation Act Explained Headnote A Complaint Petition Was Filed Before The Magistrate By The Appellant That She Was Ill Treated And Subjected To Cruelty By Husband The Accused Respondent And Her In Laws, And That During The Subsistence Of Their Marriage He Married Again And Got A Second, Wife The High Court On An Application Filed By The Accused Respondent Under Section 482 Of Cr P C Quashed The Criminal Proceedings, Holding That It Was Time Barred Since After Three Years Cognizance Cannot Be Taken Of An Offence Under Section 498 A Of The Penal Code, 2188 In View Of The Section 468 Of The Criminal Procedure Code Allowing The Appeal, The Court, To Take Cognizance Even Of He Offence Under Section 498 A Of The Penal Code Ignoring The Bar Of Section 468 Of The Cr P C 295 C 2 In View Of The Allegation Of Second Marriage During

20 April, 1990·PETITIONER:GULABRAO KESHAVRAO PATIL & ORS.Vs. RESPONDENT:STATE OF GUJARAT & ORS. DATE OF JUDGMENT01/12/1995 BENCH:RAMASWAMY, K. BENCH:RAMASWAMY, K. KIRPAL B.N. (J) CITATION:1996 SCC (2) 26 JT 1995 (9) 12 1995 SCALE (7)121 ACT:HEADNOTE:JUDGMENT:Leave granted.O R D E R Having heard the counsel on ...

Judges: Act Criminal Procedure Code 1973 Sections 468 473 Limitation Applicability Of Matrimonial Offences Like Cruelty, The Non Obstante Clause Of Section 473 And Its Over Riding Effect Explained Criminal Procedure Code 1973 Section 482 Quashing Of Pro Ceedings Before Magistrate By The High Court No Cognizance Of Offence Section 498 A I P C After Expiry Of Three Years Validity Of Maxim Vigilantibus It Non Dormientibus, Jura Subveniunt Applicability Of In Cases Of Matrimonial Offences Like Cruelty Basic Difference Between The Limitation Under Section 473 And Section 5 Of The Limitation Act Explained Headnote A Complaint Petition Was Filed Before The Magistrate By The Appellant That She Was Ill Treated And Subjected To Cruelty By Husband The Accused Respondent And Her In Laws, And That During The Subsistence Of Their Marriage He Married Again And Got A Second, Wife The High Court On An Application Filed By The Accused Respondent Under Section 482 Of Cr P C Quashed The Criminal Proceedings, Holding That It Was Time Barred Since After Three Years Cognizance Cannot Be Taken Of An Offence Under Section 498 A Of The Penal Code, 2188 In View Of The Section 468 Of The Criminal Procedure Code Allowing The Appeal, The Court, To Take Cognizance Even Of He Offence Under Section 498 A Of The Penal Code Ignoring The Bar Of Section 468 Of The Cr P C 295 C 2 In View Of The Allegation Of Second Marriage During

20 April, 1990·PETITIONER:JAI NARAIN & ORS. ETC. ETC.Vs. RESPONDENT:UNION OF INDIA & ORS.DATE OF JUDGMENT29/11/1995 BENCH:KULDIP SINGH (J) BENCH:KULDIP SINGH (J) AHMAD SAGHIR S. (J) CITATION:1996 AIR 697 1996 SCC (1) 9 JT 1995 (9) 323 1995 SCALE (6)664 ACT:HEADNOTE:JUDGMENT:Kuldip Singh, J.J U D G M E N ...