Some years back, I was sucked into the labyrinth of Indian Matrimonial laws and a false 498a in particular. To be fair, before it hit me, it was difficult for me to fathom the wide spread misuse of dowry laws and specially 498a in India.
CONSULTATION
Court: Kolkata High Court Bench: Justice Ashim Kumar Roy Sri Sri Sadhan Mondal vs The State Of West Bengal & Anr on 2 September, 2009 Mr. Md. Sarwar Jahan, Adv. For the appellant. Mr. Snehasis Jana, Adv. For the respondent. Law Point: Anticipatory Bail cannot be denied for non payment of maintenance JUDGEMENT The present petitioner apprehending arrest in connection with […]
Court: Punjab and Haryana High Court Bench: JUSTICE RAJESH BINDAL Gurdeep Singh Cheema vs State Of Punjab And Others on 25 September, 2009 Mr. Ranjan Lakhanpal, Adv. For the appellant. Law Point: False complaint, family arrest -ground for Divorce JUDGEMENT Prayer in the present petition is for cancellation of anticipatory bail granted to respondents No. 2 and 3 […]
Court: Supreme Court of India Bench: Dr. Arijit Pasayat, D.K. Jain Shivanand Mallappa Koti vs The State Of Karnataka on 5 June, 2007 Law Point: Conviction for offence under Section 498 cannot be sustained in absence of unlawful demand for property and valuable articles. JUDGEMENT 1. In the present appeal, challenge is […]
Court: Supreme Court of India Bench: C.K. Thakker, D.K. Jain Sukhram vs State Of Maharashtra on 17 August, 2007 Law Point: Although Section 222, Cr.P.C. clothes Court with power to convict a person of an offence which is minor in comparison to the one for which he is charged and tried, but offences under Sections […]
Court: Supreme Court of India Bench: Doraiswamy Raju, Arijit Pasayat. Hira Lal And Ors Vs. State (Govt. Of Nct) Delhi on 25 July 2003 Law Point: Prosecution is obliged to show that soon before the occurrence there was cruelty or harassment and only in that case presumption JUDGEMENT Marriages are made in heaven, […]
Court: Supreme Court of India Equivalent citations: 2003 (1) AWC 344 SC, (2003) 2 CALLT 23 SC Bench: Doraiswamy Raju, Arijit Pasayat Kaliyaperumal and Anr vs State Of Tamil Nadu on 27 August, 2003 Law Point: If alleged incident of cruelty is remote in time and has become stale enough not to disturb mental equilibrium […]
Court: Supreme Court of India Bench: Arijit Pasayat, C.K. Thakker Y. Abraham Ajith & Ors vs Inspector Of Police, Chennai & Anr on 17 August, 2004 Law Point: The expression “cause of action” is, therefore, not a stranger to criminal cases. The expression “cause of action” has acquired a judicially settled meaning. JUDGEMENT Leave granted. […]
Court: Bombay High Court Bench: A.P. DESHPANDE Avinash Bhosale vs Union Of India on 8 October, 2008 Law Point: Impounding of Passport to be dealt under Passport Act only and not under Income Tax act. Passport released. JUDGEMENT 1. The Petitioner’s passport has been retained, initially by the respondent No.1 and thereafter by […]
Court: Punjab & Haryana High Court Bench: JUSTICE S.S. SARON Harish Puri vs Unknown on 28 January, 2010 Mr. H.K. Aurora, Adv. For the appellant. Mr. Piyush Gupta, Dy. A.G., Punjab. Mr. R.S. Bains, Advocate for respondent No.2. Law Point: Bails should not be cancelled in a mechanical manner. JUDGEMENT This petition has been filed under Section 439(2) […]
Court: Supreme Court of India Bench: P.P. Naolekar, Markandey Katju Suresh Nanda vs C.B.I on 24 January, 2008 Law Point: Generalia specialibus non derogant: Where there is a special Act dealing with specific subject, resort should be had to that Act instead of general Act providing for the matter connected with the specific Act. […]