Searching Case Laws & Precedent on Legal Query.....!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Scanned Judgements…!
The judgment underscores the importance of adhering to authoritative legal precedents and clarifying the legal position, especially when prior judgments are impliedly overruled or deemed not correct ["Rakesh Kambli VS Ajit Tari - 2020 0 Supreme(Bom) 909"].
AllMR Cri 2849 / 2010 Cri.L.J. 751 - Main points and insights:
The judgments highlight procedural flexibility in domestic violence cases, emphasizing that courts are not bound to follow rigid procedures and can grant interim relief based on discretion and available evidence ["Chandrakant Nivruti Wagh VS Manisha C. Wagh - Bombay"].
AllMR Cri 2099 / 2017 - Main points and insights:
The decisions stress the importance of the temporal link between offences and proceedings, indicating that delayed proceedings may weaken the case if there is no live connection to the original offence ["Rajesh s/o Jiwan Jangle VS State of Maharashtra, Through Divisional Commissioner, Nagpur - Bombay"].
AllMR Cri 182 / 1997 and others - Main points and insights:
The rulings reinforce that Section 482 powers are expansive and can be invoked to quash criminal proceedings to prevent miscarriage of justice or abuse, independent of the specific provisions of Section 320 ["Bhaurao Kisan Nagtilak VS State of Maharashtra - Bombay"].
AllMR Cri 4055 / 2016 - Main points and insights:
Summary:The provided sources collectively cover legal principles related to criminal procedure, interim relief in domestic violence cases, procedural flexibility, the scope of inherent powers under Section 482, and detention procedures. The key insights emphasize adherence to higher court rulings, procedural discretion, the importance of timely proceedings, and the broad scope of judicial powers to ensure justice and prevent abuse.
In the intricate world of legal citations, queries like allmr cri 2025 2743 often lead researchers down unexpected paths. No exact match exists for a 2025 volume case at that page, but this citation points to a fascinating Supreme Court contempt proceeding riddled with procedural quirks. Primarily, it references a misnumbered contempt petition against former Haryana Chief Minister Ch. Bhajan Lal, labeled erroneously as Contempt Petition No. 2743/89 but actually I.A. No. 1/91 in Civil Appeal No. 5412/90. Additionally, a 2008 AllMR(Cri) 2743 case involving Javed Latif Sheikh surfaces in Maharashtra High Court judgments, supporting acquittals. This post breaks it down, offering insights for lawyers, students, and legal enthusiasts—remember, this is general information, not specific legal advice. Consult a qualified attorney for your situation.
The core issue revolves around procedural confusion in Supreme Court filings. Documents reveal that Contempt Petition No. 2743/89 was erroneously used for I.A. No. 1/91, with the error persisting across affidavits and replies without explanation. S. A. Khan VS Bhajan Lal - 1992 0 Supreme(SC) 931STATE OF HARYANA VS BHAJAN LAL - 1992 0 Supreme(SC) 926 This mislabeling mixed facts from a Civil Miscellaneous Petition in S.L.P. (C) No. 14014/88, unrelated to contempt.
Key points include:- Alleged contempt: Bhajan Lal, as Union Minister, publicly threatened DIG S.A. Khan during a sub-judice corruption probe, vowing to make him rub his nose on the ground... for forgiveness. S. A. Khan VS Bhajan Lal - 1992 0 Supreme(SC) 931STATE OF HARYANA VS BHAJAN LAL - 1992 0 Supreme(SC) 926- Background: Stemmed from a corruption FIR quashed by Punjab & Haryana High Court, later set aside by the Supreme Court (AIR 1992 SC 604), allowing fresh investigation. The statement appeared in Indian Express on 30.07.1989. S. A. Khan VS Bhajan Lal - 1992 0 Supreme(SC) 931STATE OF HARYANA VS BHAJAN LAL - 1992 0 Supreme(SC) 926- 2008 Reference: In Maharashtra proceedings, (2008) AllMR(Cri) 2743 (Javed Latif Sheikh) entitled the accused to acquittal, distinguished from overruled precedents like Kanishka Kapoor @ Nikki (2009 AllMR(Cri) 1080). Rakesh Kambli VS Ajit Tari - 2020 0 Supreme(Bom) 909
The Supreme Court noted at the threshold: Even at the threshold... no satisfactory explanation has been offered and the puzzle remained unanswered. S. A. Khan VS Bhajan Lal - 1992 0 Supreme(SC) 931STATE OF HARYANA VS BHAJAN LAL - 1992 0 Supreme(SC) 926 This impacted related I.A. No. 2/91.
The Supreme Court spotlighted a patently wrong mislabeling where I.A. No. 1/91 (filed 12.08.1991) was repeatedly called Contempt Petition No. 2743/89. Crucially, No. 2743/89 is the number assigned to the Civil Miscellaneous Petition filed in S.L.P. (C) No. 14014/88... by the State of Haryana and others praying for the deletion of the name of Ch. Devi Lal... It was not at all a Contempt Petition. S. A. Khan VS Bhajan Lal - 1992 0 Supreme(SC) 931STATE OF HARYANA VS BHAJAN LAL - 1992 0 Supreme(SC) 926 This error blurred prayers and facts across applications, highlighting procedural laxity—though it didn't invalidate proceedings outright.
While Civil Appeal No. 5412/90 pended (challenging a corruption FIR under IPC Sections 161/165 and Prevention of Corruption Act), Bhajan Lal stated: He alleged that the Deputy Inspector General of Police here, who considered himself a big officer, was implicating his people in false cases. He vowed to make him rub his nose on the ground, where the meeting was being held, for forgiveness. S. A. Khan VS Bhajan Lal - 1992 0 Supreme(SC) 931STATE OF HARYANA VS BHAJAN LAL - 1992 0 Supreme(SC) 926
DIG S.A. Khan, supervising the probe, alleged this intimidated investigators and prejudiced the Court: Ch. Bhajan Lal... is adopting the coercive and threatening measures, in interfering with the proceedings of this Court. He claimed inability to proceed without contempt action. S. A. Khan VS Bhajan Lal - 1992 0 Supreme(SC) 931STATE OF HARYANA VS BHAJAN LAL - 1992 0 Supreme(SC) 926 Excerpts focus on clarification rather than a merits finding on punishment.
Shifting to the 2008 match, (2008) AllMR(Cri) 2743 (Javed Latif Sheikh) was cited alongside Sanjay Mishra: Javed Latif Sheikh, (2008) AllMR(Cri) 2743 and in Sanjay Mishra (supra), the accused was entitled to an acquittal. This contrasted overruled views in Kanishka Kapoor. Rakesh Kambli VS Ajit Tari - 2020 0 Supreme(Bom) 909
Related precedents echo acquittal themes. For instance, in cheque dishonor cases under Negotiable Instruments Act Sections 138/141, courts quash process against non-responsible directors: There is no allegation in the complaint to show that accused No. 3 Ronnie and accused Nos. 5, 6 and 7 were also responsible for the conduct of the business. Rajesh M. Pamnani VS State of Maharashtra - 2011 Supreme(Bom) 509 Similarly, in corruption traps, prosecutions fail without proper demand proof. Pranita Prakashrao Katewale VS State Of Maharashtra - 2019 Supreme(Bom) 1290
Other sources enrich the criminal law context around AllMR(Cri) citations:- Dying Declarations: Courts must scrutinize for truth, considering realities of life. For arriving at the truth while appreciating evidence, realities of life shall be kept in mind. A reliable dying declaration can sustain conviction sans corroboration. Ramesh s/o Gyanoba Kamble VS State of Maharashtra - 2011 Supreme(Bom) 992- Process Issuance: Mandatory Section 202 CrPC inquiry for outstation accused in NI Act cases. Magistrates can't issue process solely on affidavits under Section 200. PARTH BHADRESH MEHTA VS STATE OF MAHARASHTRA - 2019 Supreme(Bom) 213- Attempt to Murder (IPC 307): Intention trumps injury nature; weapon and circumstances infer mens rea. Conviction affirmed with sentence tweaks. Ajit @ Bhaiyyasaheb Ganpatrao Jadhao VS State Of Maharashtra - 2020 Supreme(Bom) 938- Abetment of Suicide: Threats alone may not suffice if alternatives existed; mens rea absent leads to quashing. Imran Son Of Masood Khan VS State Of Maharashtra - 2019 Supreme(Bom) 1397- Domestic Violence: Proceedings viable post-short cohabitation if harassment persists. VISHAL ASHOK ADHAV VS VARSHA VISHAL ADHAV - 2019 Supreme(Bom) 212
These illustrate how AllMR(Cri) volumes address procedural safeguards, acquittals, and evidence scrutiny—mirroring the 2743 themes.
Recommendations for Legal Professionals:- Verify original records for interlocutory numbering, especially in contempt/sub-judice matters.- Cross-check AllMR(Cri) with Supreme Court overrules on acquittals.- Access full judgments via official reporters for substantive resolutions.
AllMR Cri 2025 2743 unveils procedural pitfalls in high-stakes contempt cases like Bhajan Lal's, reminding us precision matters. While no 2025 case matches directly, the 1989 misnumbering and 2008 precedent offer valuable lessons on filings, threats during sub-judice matters, and acquittal entitlements. Integrate these with broader AllMR(Cri) insights on evidence and process for robust research. Always prioritize official sources—this overview aids understanding but isn't advice.
#AllMRCri2743, #ContemptOfCourt, #SupremeCourtIndia
Javed Latif Sheikh, (2008) AllMR(Cri) 2743 and in Sanjay Mishra (supra), the accused was entitled to an acquittal. ... Kanishka Kapoor @ Nikki & Another, (2009) AllMR(Cri) 1080 , since, the view taken therein, has been impliedly overruled by the Hon'ble Supreme Court and in any case, held as not reflecting the correct legal position by other learned Single Judges.
Naik 2010 Cri.L.J. 751 : [2009 ALLMR (Cri) 2849] of this Court directly on the issue whether a respondent to an application could be a male relative and holding that under Section 2(g) of the DV Act relied upon by the petitioners herein (the opponents in that application) it has been held that it is ... Vishakha Patil 2009 Cr.L.J. 107 : (2008 ALLMR (Cri) 2845] it has been held that an interim relief can be claimed without a separate interim application moved. Similarly in the case of Raosaheb Pandharina....
The State of Maharashtra and Others, 2017 AllMR(Cri) 2099. ... b. Bal @ Rajvardhan Vitthalrao Nimbalkar vs. The Divisional Commissioner, Pune Division and Others, 2016 AllMR(Cri) 3994. ... c. Rohit s/o. Ramesh Nalawade vs. ... The State of Maharashtra and Others, 2017 AllMR(Cri) 3443. ... d. Kiran Ramrao Shinde vs. The SubDivisional Magistrate, Jath, 2016 AllMR(Cri) 3915. ... 11. Heard Mr. S.S. Doifode, learned A.P.P. for Respondents/State. ... Rames....
State of Maharashtra & Anr, (2016) AllMR(Cri) 4055.], ... (xii) [Vikas Vs. State of Maharashtra, (2015) AllMR(Cri) 273], ... (xiii) [Laxman and Others. Vs. ... State of Maharashtra and Ors, (2016) AllMR(Cri) 4030.], ... (xvi) [Juergen Langer and Others. Vs. State of Goa and Ors, (2016) AllMR(Cri) 2558.], ... (xvii) [Amit Kumar Vs. ... State of Maharashtra, (2016) AllMR(Cri) 1553], ... (xviii) [Sayyed Tareque Ali Vs....
State (2010 ALLMR(Cri) 182), Deorao Sonbaji Bhalerao Vs. State (2008 ALLMR(Cri) 1921), Saheblal s/o Jumassha Sayyad Vs. State (2010 ALLMR(Cri) 766) and Dhanraj Jairam Patil Vs. ... (CRI) 2048 Waikhom Yaima Singh Vs. State of Manipur, 2) 2011 (1) SCC (Cri.) 1173 : [2011 ALL SCR 457] Brundaban Moharana & Anr. Vs. The State of Orissa, 3) 2010 ALLMR(Cri) 766 Saheblal s/o Jumassha Sayyad Vs. State of Maharashtra, 4). 20....
(Cri) 584 : [2008 ALLMR(Cri) 952 (F.B.)] held that the powers under section 482 of the Code are not limited or affected by the provisions of Section 320 of the Code. ... State of Maharashtra & another, reported at 2009 ALLMR(Cri) 763, relying on the judgment of Hon. Apex Court, in the case of B.S. Joshi and others Vs. State of Harayana and another, reported at 2003 ALLMR(Cri) 1162, has observed thus: ... "21. ... State of Harayana and another, reported in 2003 #HL_STA....
State of Maharashtra, (2009) AllMR(Cri) 234 (SC). ... Bharat Trading Company, (2013) AllMR(Cri) 3884). ... (2) (Sattar Bhaimiya Mansuri Vs. Shabana Arif Mansuri, (2014) AllMR(Cri) 2159). ... (3) (Vimal Powerloom Vs. Ravi Agency, (2014) AllMR(Cri) 1696). ... Mayur Engineering Works, (2014) AllMR(Cri) 1038). ... (7) (Netcore Solutions Pvt. Ltd. Vs. Pinnacle Teleservices Pvt. Ltd, (2011) AllMR(#HL_ST....
Appln. 2743-2016 3. ... Appln. 2743-2016 3 Cri
After noting Saroj Kumar Poddar's case, [2007 ALL MR (Cri) 560 (S.C.)] (supra) and N. K. Wahi’ s case, [2007 ALLMR (Cri) 1445 (S.C.)] ... Ltd. [2010 ALLMR (Cri) 921 (S.C.)] (supra) was rendered by the Supreme Court on 15.2.2010 and therefore the learned Single Judge of this Court while deciding the case in P. S. Srinivasan Vs. ... Harmeet Singh Paintal & Anr., 2010 ALLMR (Cri) 921 (S.C.) wherein besides K.K.Ahuja, all other relevant previous authorities were also cons....
ALLMR
In this regard he relied on the decision of Hon'ble Supreme Court in case of Vinay and others .vrs. State of Karnataka and another, (2015) AllMR(Cri) 2004 . True, in said case the Karnataka High Court has modified the conviction of the accused from Section 307 of the Indian Penal Code to Section 326 of the Indian Penal Code.
The State of Maharashtra & Ors., (2018) AllMR(Cri) 748.
In Bahari Khandu Rajput, though the person was kept in illegal custody only for a period of two and half days, the Court awarded an amount of Rs, 10,000/- to the petitioner therein which was ordered to be paid by the State of Maharashtra. State of Maharashtra and Others, 2002 AllMR (Cri) 1373. It was, therefore, submitted that in the facts and circumstances, an amount of Rs. 10,000/- per month may be awarded by way of compensation. She also relied upon a decision of the Division Bench of this Court (Aurangabad Bench) in Baban Khandu Rajpur vs.
The State of Maharashtra & another [2017 ALLMR (Cri) 2966].
In that case when wife had filed proceeding after more than one year of separate residence the Court held that the application was not filed within reasonable time to show that relationship would give her to cause of action to file proceeding under domestic violence Act. She had stayed in U.S.A and after coming to the India she had filed the proceeding. Learned counsel for the petitioner placed reliance on observation made by the learned Singe Judge of this Court in case reported (Sejal Dharmesh Ved Vs. State of Maharashtra and Others, (2014) AllMR(Cri) 636).
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