The judgment particularly discusses the application of legal principles established in the Full Bench decision, especially in the context of family disputes and procedural safeguards Rohan Shah VS Nishigandha Shah - Bombay, Rohan Shah VS Nishigandha Shah - Current Civil Cases.
Legal Principles and Precedents:
The case underscores the importance of adhering to established judicial precedents, especially regarding the interpretation of family law statutes and the procedural safeguards under the Civil and Criminal Procedure Codes.
Insights:
The judgment emphasizes the significance of consistency with Full Bench rulings to ensure judicial coherence and fairness in family law disputes Rohan Shah VS Nishigandha Shah - Bombay, Rohan Shah VS Nishigandha Shah - Current Civil Cases.
References to Related Legal Issues:
The case also touches upon issues of jurisdiction, the scope of family courts, and procedural correctness, aligning with broader principles discussed in related judgments and legal commentary Rohan Shah VS Nishigandha Shah - Bombay.
References:
- Sandip Mrinmoy Chakrabarty v Reshita Sandip Chakrabarty, 2021 (4) Mh L J 404; 2021 SCC OnLine Bom 272; (2021) 3 HLR 405; (2021) 6 AIR Bom R 417; (2022) 1 Bom CR 590.
- Full Bench decision of the Bombay High Court in Nandkishore Prahlad Vyawahare case.
Sandip Mrinmoy Chakrabarty v Reshita Sandip Chakrabarty, [2021 (4) Mh L J 404: 2021 SCC OnLine Bom 272: (2021) 3 HLR 405: (2021) 6 AIR Bom R 417: (2022) 1 Bom CR 590 at page 416] and particularly paragraph 35 that referred to the Full Bench decision of this Court in the case of Nandkishore Prahlad Vyawahare ... Sandip Mrinmoy Chakrabarty v Mrs. Reshita Sandip Chakrabarty : Judgment dated 26th February 2021 in Family Court Appeal No.....
Sandip Mrinmoy Chakrabarty v Reshita Sandip Chakrabarty, [2021 (4) Mh L J 404: 2021 SCC OnLine Bom 272: (2021) 3 HLR 405: (2021) 6 AIR Bom R 417: (2022) 1 Bom CR 590 at page 416] and particularly paragraph 35 that referred to the Full Bench decision of this Court in the case of Nandkishore Prahlad Vyawahare ... Sandip Mrinmoy Chakrabarty v Mrs. Reshita Sandip Chakrabarty : Judgment dated 26th February 2021 in Family Court Appeal No.....
Debashish Chakrabarty & Ors.”, which reads as under: “Heard learned counsel on both sides. ... But so long Aiyyapa’s judgment stands, bar of section 19 of PC Act as well as section 197 of CrPC would apply. 13. ... Aggrieved by dismissal of the second complaint, the first respondent filed a 482 petition before the High Court, which came to be allowed by the impugned order dated 05.01.2021. 10. ... However, while preparing the judgment, on the issue relating to applicability of Aiyappa’s decision we came across an order of this court dated ....
CUSTODIAL DEATH - Indian Penal Code - Section 34, 304A, 324, 342, 218 - The court discussed the applicability of Section 197 of ... reasonable nexus between the alleged act and the discharge of official duty, and the limitations of the protection under Section 197 ... Issues: The main issue was the applicability of Section 197 of the Code of Criminal Procedure in the context of custodial ... Rajashee Venket Kundalia, learned advocate appearing for the CBI relied upon Indra Devi -Vs. - State of Rajasthan and Anr. reported in (20....
st March, 2021. ... The scope of Section 197 CrPC has to be examined in the light of the Jharkhand Police Manual. ... Section 197 CrPC is extracted hereinbelow for an easy reference: “197.Prosecution of Judges and public servants.—(1) When any person who is or was a Judge or Magistrate or a public servant not removable from his office save by or with the sanction of the Government is accused ... Chakraborty and Dr. Jayanta Sanyal, who performed the post-mortem examination of the deceased. ... The infor....
The instant Crl.M.C. stands dismissed and disposed of accordingly. Pending application, if any, also stands disposed of. ... Hence, the prayers for quashing of the impugned Order dated 02-03-2021 passed by the Learned Judicial Magistrate and the impugned Summons, dated 03-03-2021, to the Accused Persons/Petitioners herein. ... In conclusion, in view of the preceding discussions, at this juncture, no grounds whatsoever arise for interference with the impugned Order dated 02-03-2021 or the impugned Order dated 03-03-#HL_ST....
Debashish Nos.3567-3568/2017 “ 6 AIR 1951 SC 207; 1951 SCC Online SC 22 Chakrabarty & Ors .”, which reads as under: “Heard learned counsel ... Aggrieved by dismissal of the second complaint, the first respondent filed a 482 petition before the High Court, which came to be allowed by the impugned order dated 05.01.2021. 10. ... In addition to above, it was argued that insofar as the offences under the IPC are concerned, the requirement of sanction under section 197 of the CrPC is required, even though the accused is no longer in office. ......
(Crl.) Nos. 4287-4289/2021. ... (Crl.) Nos. 4287-4289/2021. He submitted that the learned Trial Court did not even return a finding on the plea of parity. 2021 SCC OnLine Del 4623 . A. Ramachandran @ Raman v. CBI & Anr., 2015 SCC OnLine Ker 17832. Tapas Kumar Palit v. State of Chhatisgarh , Crl.A. No. 738/2025; Supreme Court. ... 197. The learned SPP further referred to the Statement of various witnesses in order to highlight the Appellants' involvement in the consp....
Unique Farmaid (P) Ltd., (1999) 8 SCC 190 : 1999 SCC (Cri) 1404] held : (SCC p. 197, para 12) “12. ... Ashok Kumar Sharma , (2021) 12 SCC 674; (ii) Dharam Pal Vs. ... State of U.P. (2021) 1 DC 245; (x) Glaxo India Ltd. Vs. State of M.P. ... Ashok Kumar Sharma 2021 (12) SCC 674 that the Court of Sessions can try the offences punishable under Chapter IV of the Drugs and Cosmetics Act after the case is committed to it. ... State of Telangana, 2023 (2) ALT (Crl.) 503; (vii) Medicamen Biotech Ltd. Vs. Drug I....
(See Harihar Chakravarty v. ... A Division Bench of this court whilst disposing off petitioner's W.P.No.15828/2021 and co-accused's W.P.No.15012/2019 vide order dated 16.10.2021 had directed expeditious trial of the case. Challenge to this order in SLP (Crl) No.9629/2021 came to be dismissed as withdrawn on 7.2.2022. ... STATE OF MAHDYA PRADESH - Crl.A.No.1509 of 2010 decided on 02-05-2024 (iv) SHIVAPPA v. ... g) Another supplementary charge sheet was filed on 30.01.2021#HL_....
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