Since the law is cognizable and non-bailable, police has a free hand in arresting anyone who it deems fit as per the written complaint by the woman without ‘any’ investigation. Orissa High Court Abetment of Suicide. No grievance about ill-treatment meted out to the deceased much less any demand of dowry. The first part of the statement suggests that women who are harassed should be utilizing this law as a means of protection. June 6, 0.
Punjab and Haryana High Court Allegations appear to be totally vague. However, the let off of a few offenders should not result in removing the law. November 10, 0. Fight starts immediately after marriage and wife leaves for parental house JUST 1 day after marriage. In such cases acquittal of the accused does not in all cases wipe out the ignominy suffered during and prior to trial. Karnataka High Court, in the case of State Vs.
Bombay High Court Section A — Cruelty — Benefit of doubt — Complaint an afterthought action of complainant, as filed after 2 years of living separate from husband due to some family dispute — Evidence given by complainant and close relatives is doubtful — These circumstances not considered by trial Court and first appellate Court — Judgment and order delivered by JMFC acse and sentencing petitioner for offence punishable under Section A, IPC set aside.
Jay Prakash and Ors.
AP High court to remove him from his job! High Court Of Madhya Pradesh The offence of criminal breach of trust might be inquired into or tried by a Court within whose local jurisdiction the offence was committed.
(DOC) Misuse of section A in Indian society | Rahul Jain –
Not only a other laws are also misused in India. State Of Orissa Court: Ramesh Chand were referred wherein the misuse of Section A and the need to adopt measures for prevention of such misuse has been acse.
Statement covered by Hearsay Rule and does not fall within explanations of Section 32 of Evidence Act. November 27, 1. It will be open to the District Judge or a designated senior judicial officer nominated by the District Judge to club all connected cases between the parties arising out of matrimonial disputes so that a holistic view is taken by the Court to whom all such cases are entrusted; and Personal appearance of all family members and particularly outstation members may not be required and the trial court ought to grant exemption from personal appearance or permit appearance by video conferencing without adversely affecting progress of the trial.
It is to be established that the woman has been subjected to cruelty continuously or at least in close proximity of time of lodging the complaint. This is a common sense approach to the matter based on ground of realities and bereft of the technicalities of the law.
Testimony of DW1 duly corroborated by documentary evidence — Deceased not subjected to harassment to fulfil demand to purchase bike. December 11, 0.
Top 5 Supreme Court judgment on misuse of 498A
Under section A of IPC cruelty by itself amounts to an offence whereas under section B the offence is of dowry death and the death must have occurred during the course of seven years of marriage. Criminal Breach of Trust: Penalize corrupt Investigation Officers: Till then the courts have to take care of the situation within the existing framework.
This research is based only Indian society and current legal judicial decisions. Dishonour of Cheque — Section of the Negotiable instruments Act. Acquittal of Accused Justified.
In the present case, the husband, along with other relatives, was accused for causing cruelty to the wife in lieu of demand for dowry. 48a
Jharkhand High Court Alleged occurrence of offence took place outside of territorial jurisdiction. June 4, 0. November 3, 0. A comment posted 4 years ago was not published.
HIGH Cwse OF BOMBAY Sections 34,and A of Indian Penal Code, and Dowry Prohibition Act, — State instituted prosecution against petitioners at instance of complainant — on basis of complaint and on examination of witness Magistrate framed charged stuey petitioners under Section A read with Sections 34 and — petitioner challenged Order of Magistrate — in order to come into ambit of cruelty husband harassment must be in furtherance to extract money unlawfully from woman by man — nowhere it has caxe alleged in complaint that said harassment meted out to extract money unlawfully from de facto complainant — petitioner stands discharged.
The abuse of this section is rapidly increasing and the women often well- educated know that this. The extent of the evil has been commented upon by the Joint Committee of the Houses to examine the work of the Dowry Prohibition Act, November 12, 0.
The content of this article is intended to provide a general guide to the subject matter. How Petty quarrels become criminal cases clogging courts and eating precisous studg and taxpayer money.
State Of Punjab Court: Delhi High Court victim is full of embellishments and exaggerations. Keeping this in mind, the Hon’ble Supreme Court undertook a re-examination of the directions and only retained the ones that find their bedrock within the Indian Penal Code – and in doing so – propounded a more balanced approach towards the application of section A. She had delivered a child just about czse month prior to incident.