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: 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. […]
The Ratio of This Judgement Has Been OverRuled By SupremeCourt Rupali Devi Vs. State Of Uttar Pradesh & Ors. Court: Gujarat High Court Bench: JUSTICE KS JHAVERI Jadeja vs State on 13 December, 2010 Law Point: Quash on Jurisdiction JUDGEMENT 1.0 By way of this petition, the petitioners have prayed to quash and set aside the […]
Court: High Court of Delhi Bench: JUSTICE SHIV NARAYAN DHINGRA Ram Babu vs State (NCT of Delhi) on 17.06.2010 Mr. C.M. Verma and Mr. A.K. Gupta, Advs. For the appellant. Mr. Pawan Sharma, Additional Standing Counsel for State. Law Point: Brilliant Judge Dhingra Used Physics in 304B Bail JUDGEMENT This petition under Section 439 Cr.P.C has been […]